Parshat Massey - Moral Outrage

בס"ד

Parshas Massé delineates the borders of the land of Israel. This is a prelude to dividing the country among the twelve tribes. Unlike the others the sacred tribe of Levy is not to receive a province. Rather it is to receive 42 cities scattered throughout the territory. In addition the Leviim will be in charge of six cities of refuge. The עָרֵי מִקְלָט are legally designated as places for a murderer to flee. If the court determines that the death was an accident, the manslaughterer can reside there safely. Outside the city the blood avenger has every right to kill him.

Almost as an aside cases of actual murder are given. If the death was caused intentionally, recklessly, suspiciously, or hatred is involved, then a death penalty is imposed. Under Biblical law the court does not execute the person convicted, rather he is turned over to the blood avenger. The Chumash later exhorts, "show him no pity, you will purge innocent blood from Israel and it will go well with you", (Deuteronomy 19:13). It does not specify who the blood avenger (גֹאֵל הַדָּם) is. Most commentaries say it is the next of kin. Clearly it would be a family member who is particularly outraged by this horror and would want to personally take vengeance.

The Talmud more or less takes a dim view of the death penalty and its approach seems to vary significantly from a simple understanding of the Chumash. It requires that the murder have two kosher witnesses who also had given the murder a warning about the consequences of thr crime very shortly before it was done. In addition they must actually have seen the murder itself. Circumstantial evidence, however clear, is not acceptable. For example if they saw a man with a drawn knife chase another into a cave and emerge with a bloody knife, it would not be accepted because they did not see him stab the victim. In addition it is the witnesses who carry out the execution. With the Chumash a strong emphasis is placed on the offence to the next of kin. With the Talmud the emphasis is placed on the societal offence. The prevailing point of view is that the death penalty should only be imposed less than once in seventy years. Rabbi Akiba suggested a level of proof that could not be met, but his position was rejected. Nevertheless normative traditional sources of Jewish law advocate indirect approaches to execution, such as throwing the perpetrator in a well or effectively giving him food poisoning, even without a clear proof of guilt.

It would seem that the general outlook is something like Mishna Sota 9:9. As it says, "When murderers multiplied, the [ceremony of] breaking a heifer’s neck ceased. . . . When adulterers multiplied, the ceremony of the bitter waters was . . . discontinued it, as it is said, “I will not punish their daughters for promiscuity, nor their daughters-in-law for committing adultery, for they themselves [turn aside with whores and sacrifice with prostitutes]” (Hosea 4:14). This is part of a list of mitzvahs that were cancelled due to societal corruption. 

It would seem that if most everybody is a thug, the concept of the blood redeemer would be meaningless. Criminals tend to defend criminality even when they themselves are the victims. It may take extreme circumstances for them to countenance a general crackdown. The Mishna then gives a  description of a topsy-turvy perverted society that can be ludicrous or an absolute horor. It is broken up with the refrain, "Upon whom shall we depend? Upon our father who is in heaven". The ending is optimistic, giving a ladder out of this abyss. It starts with caution and cleanliness and ends with divine inspiration and the resurrection of the dead.

לע"נ  האמא מלכה בת חיים ז"ל נלב"ע טז ניסן תשנ"ח

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