PORTION INSIGHTS – CONSEQUENCES FIT THE CRIME
A police officer in a small town in Israel stopped a motorist who was speeding down the main street. "But officer," Itzik began, "I can explain." "Just be quiet," snapped the officer. "I'm going to let you cool your heels in jail until the chief gets back." "But, officer, I just wanted to say..." "I said keep quiet! You're going to jail!" A few hours later the officer looked in on his prisoner and said, "Lucky for you that the chief's at his daughter's wedding tonight. He'll be in a good mood when he gets back." "Don't count on it," answered Itzik from his cell. "I'm the groom."
As unfair as the Israeli jail system may sound (because every joke has part truth), the prison system in the United States is far worse. The most troublesome statistic that proves this point is that two-thirds of prisoners re-offend within three years of leaving prison, often with a more serious and violent crime. Why? Firstly, having a criminal record precludes ex-cons from finding worthwhile employment after they leave the prison walls and illegal activity becomes they only way to provide for themselves and their families. More importantly, prisoners who enter such institutions even for relatively minor infractions like marijuana possession, come out hardened criminals as a result of being influenced by their cellmates and gang members. In this way, the prison system is actually having the opposite effect its intended to.
There are prisons, however few they may be, that actually strive to rehabilitate the criminal into becoming a person who can be part of everyday society. Kerala, India is famous for introducing the first prison without walls in 1962. The prison holds 280 of Kerala’s 5,308 prisoners. The open prison is known for treating its prisoners with respect and entrusting them with responsibilities for work on the rubber plantation, personal chores and cooperation within the prison community. To date, there’s been only one repeat offender.
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In this week’s Torah portion, Mishpatim, we learn about monetary laws, beginning with laws regarding an Eved Ivri - “a Hebrew slave.” This slave, however, isn’t placed into a cold and brutal system described in the introduction. Instead, a Jewish slave is given rights and needs to be treated with respect. For starters, his maximum period of indenture is six years. It is forbidden to give him demeaning labor, such as putting shoes on his master. His master must share whatever food he has with his ‘slave’. If the master eats white bread, he may not give his slave dark bread. If he drinks wine, he cannot give his slave water. If he sleeps on a soft bed, he may not give his slave straw on which to sleep. Not only that, but if the master only has one pillow, the slave gets the pillow. And should the slave become ill and costs his master hefty medical bills, he owes his master nothing when he leaves.
This sounds like a very “democratic” approach, but how will the slave ever learn his lesson if he’s treated so, well, unslave-like? What happened to working him so hard that he will never repeat his mistake again? Furthermore, why does the portion on Torah laws begin with the laws of the slave? There are many very important monetary laws in the portion that would merit “top billing,” so obviously slave laws are somehow central to the entire Torah legal system. How?
In general, there are two ways to deal with someone who has violated the moral or ethic code of conduct. One is to punish a person and one is to present him with “consequences.” What’s the difference between the two? Punishments are used to impose suffering of some kind in order to make it clear who is in control. They are often unrelated to the problem behavior. A consequence, on the other hand, is when the only consideration is for the person who had strayed to get back on the path and correct his ways. Let’s ponder: how does a person become a slave? One way is if he steals and cannot afford the restitution that the Torah mandates. The Beis Din (Jewish court) then “sells” the thief to reimburse the victim of the theft. However, writes Rabbi Yaakov Asher Sinclair, rather than locking up the thief and exposing him to all deleterious influences that a jail encourages, the Torah places him in the most positive of environments – a Jewish family home. Rather than subject his family to shame and starvation, the Torah requires the master to not only care for the slave, but to support the thief’s family as well. We see from this that Hashem doesn’t seek to punish a wrongdoer. Rather, our Creator’s entire system of law is meant to rehabilitate a sinner by setting in motion “consequences” that will help him desist from making mistakes in the future. If a person stole something, some “religions” would command the victim to “turn the other cheek” – to look away and forgive. Other religious systems would order the thief’s hand to be chopped off. That’ll teach him! The Torah’s instruction to the thief is, “Give back what you stole.” Can’t pay it back? Take the next logical step and be responsible enough to work in order to make amends. According to the Torah, just because a person “messed up,” doesn’t mean he should be treated poorly and completely demoralized. (Note: There are times where a crime is so severe that the only consequence in the Torah is for the person to be put to death, because mercy for the cruel won’t “fix” them. In these types of situations, killing a hardened criminal is also in order to serve as a warning to all others not to stoop to such a low). The reason the Torah began with this law is to teach us that just as G-d treats us, we are expected to treat one another. Indeed, if we mistreat wrongdoers, we will be perpetuating a wave of terrible behavior. History will testify to this, writes Rav Zalman Sorotzkin, O”BM (in Oznayim L’Torah). Movements like the Workers' Revolution and the French Revolution show that freed slaves, liberated serfs, and those that manage to push the cruel boot of oppression off their necks, become the most vicious masters. They remember how they suffered and say "I suffered terribly for years, I still remember how I froze, starved and worked like an animal, and nobody cared; now you can suffer!" The moment the Jews left servitude Hashem told them: "when you become masters, show kindness and sympathy. Leave behind the resentment and anger, and learn what a Jewish master is supposed to be." *** Let’s apply this lesson to the occasions in our lives where we are masters (wielding authority) over someone and are in position to respond to their inappropriate behavior. Most commonly, this group would include children, students, employees, or any other people in subordinate positions/those who depend on us. One option of dealing with wrongdoers would be to punish them; to show them that their biggest issue isn’t the wrongful approach they’ve taken or decision they’ve made; it’s that they have dared to defy and start up with us! So, because we’ve made it personal, we would subject wrongdoers to tactless insults and hurtful statements that make them feel like absolute failures. We’d take out our own frustrations on them, or become passive-aggressive to them (the “silent” treatment that makes us feel high and mighty).
What would be the result of if we take such advantage of the weak? One, they will despise us. Two, they’ll repeat their mistakes (perhaps just to spite us). And three, they will pass along that kind of destructive attitude to those below them, or to us when our roles are reversed. As the Mishnah (Avos 4:3) states: “don’t be scornful of any person, because there is no person that doesn’t have his hour.” “What goes around, comes around,” is the saying. If our sole intention is to help the other person improve, then we need to learn the laws and conditions of “Tochocha/Reproof.” The wrongdoer needs to feel that we care about his success and don’t have ulterior motives - such as revenge and “quest for control” - on our minds. Also, we can rarely criticize without peppering some words of praise and support before and during the deliverance of our constructive criticism. Most importantly, if/when further action is called for, we need to make the connection between the violation and the consequence very clear. For example, an errant child can be told, “because I’ve warned you several times to clean up AND you didn’t obey, you’re losing such-and-such privilege.” Once we follow ALL these steps, we can truly become “masters” in our relationships and inspire others to fix theirs, as well.
TORAH QUESTION OF THE WEEK by Rabbi M.D.WeissIn this week’s portion we read that one who wounds one of his parents incurs the death penalty (even if he doesn’t kill them). Is one permitted to perform a medical procedure on a parent if it will make the parent bleed?
In last week’s portion the Torah prohibited making certain forms/images even when not for purposes of idol-worship (see 20:20). What are some of the forms one must avoid making even for beauty alone and not for the sake of idol-worship? The Talmud (Avodah Zara 43) discusses different forms which one is forbidden to make. These Halachos can be found in Shulchan Aruch (Y.D. 141:4-8). We will list a few and discuss them briefly.
1) It is forbidden to make forms of angels (we know what they look like based on the description of the Prophets).
2) It is forbidden to make the form of a human being. The Tur mentions that there are differences of opinion whether this is forbidden only when three-dimensional (3D) or even a flat picture. The Shulchan Aruch rules that with regard to a form of an angel or person it is only prohibited when it’s 3D. There is also discussion whether it is forbidden only when making the entire form of the person, head and body, or even just the head alone (with face). The Rema rules leniently in this matter. The Pischei Teshuva (11) quotes the Shelah who says that it is proper to be stringent.
2b) If part of the person’s face is missing on the image, the Shac”h (141:25) writes that this would surely be okay and the prohibition is only when the facial features are complete. Therefore, a profile of the face (side view only) would be permitted. (Also allowed if the nose or an eye is missing).
3) With regard to the form of the sun, the moon and the stars, the Shulchan Aruch rules that it is forbidden even if it is a flat form. Therefore, one cannot draw a picture of the sun moon or clouds. With regard to the moon, the authorities say that it is forbidden to draw even if it is a half or quarter moon since this is the way it appears to us in the sky.
The Igros Moshe (Chelek
writes that children who reached the age of Chinuch should be hindered from drawing pictures of the sun or moon if their drawings can be recognized by others as the sun or moon. He writes that even though most children can’t perfect the image to have a true resemblance, it nevertheless isn’t proper to teach them to draw these pictures since eventually we expect them to perfect their drawings.
Note: From the Talmud we learn that one is permitted to draw the sun and moon for learning purposes. Therefore, writes the Shevet HaLevi (chelek 7 134:
, a Rebbi/Morah who is teaching Bereishis (Creation) may draw pictures of the sun moon and stars for the children. Also, they may draw the sun moon and stars to describe to the children the dream of Yosef.
4) Finally, let’s address the “seven-stem Menorah,” since it is similar to the one in the Holy Temple. One is forbidden to fashion it in any type of metal, even when not the same size as the one in the Temple.
As always, a Rav should be consulted for all final rulings.
SHORT AND SWEET STORY OF THE WEEK Rabbi Chaim Kreisworth, OB”M the Chief Rabbi of Antwerp, Belgium, tells of a member of his congregation who approached him obviously quite upset. "Rabbi," he exclaimed, "I just don't understand." My friend Yankel and I began businesses of the same type at approximately the same time. He is doing remarkably well, while I am just floundering!." "Are you working as hard as he is?" Rabbi Kreisworth asked.
"I sure am!" came the reply. "My place is right down the block from his, and I never close my shop until I see his car pull away!"
"Perhaps he has more employees?"
"It can't be. I checked with his manager, and I have recently added two more than he has!"
"Perhaps the decor of his store is more attractive to consumers?"
"It just can't be that, Rabbi. He remodeled last year, I checked the lighting, square footage, display cases – and on each count I outdid him when I remodeled a month later!" Rabbi Kreisworth smiled and said: "I have it all figured out. The reason Yankel is doing so much better than you is that he’s only concerned in running his business. You, my friend, are running two! If you’d just stay in your own place, you will also become a success."
Comment: Because we don’t live in a bubble, we sometimes get so caught up with what other people are doing that we get distracted from our own tasks. The most applicable example of this would be chasing and then staring down a driver who cut us off on the road to teach him a lesson to be careful. While we are looking at someone else’s “track,” we are taking eyes off our own lane, which may lead to a disastrous outcome. We need to concentrate on our own path, only diverting our gaze in situation when it’s safe. If this applies on the actual road, how much more so in the road of life. We can look at others for inspiration, or to learn what NOT to do, but ultimately we need to focus on getting to our destination at our own pace. If we do that, we can learn to live happier lives.
SUGARY SAYING OF THE WEEK: “The difference between man and animal is that man has Mishpat (laws by which the morality is arrived at) and the rest of creatures don’t.”
-Rabbi Yisroel Belsky, O”BM, would often say in his Chumash classes. But Rav Belsky wouldn’t just preach it – he lived and breathed Torah law. As a renowned Posek (Halachic ruler) knowledgeable in all areas, he was also able to help multitudes of Jews decide the right thing is to do in complicated situations. Yehi Zichro Baruch. (Thanks to R’Gaby Fried for quote)
SPONSORED BY YAAKOV STORCH FOR THE SUCCESS OF YOSEF, MORDY, MOSHE, PINNY, AND BINYAMIN STORCHS’ LEARNING IN YESHIVAH
