Rabbi's Sermons

Shabat Shalom,

In this week's reading of the Tora, called EMOR, we can read one of the most famous laws, known in Latin as LEX TALIONIS or the Law of Talion (retaliation authorized by law), that can be found in three different sources in the Torah. In today’s Parsha, as written in the book of Leviticus 24:17 to 20: "¹⁸ And he that killeth a beast shall make it good, beast for beast. ¹⁹ And if a man cause a blemish in his neighbour, as he hath done, so shall it be done to him, ²⁰ breach for breach, eye for eye, tooth for tooth. As he hath caused a blemish in a man, so shall it be done to him again", also in the book of Exodus 21:23 to 25 as written: "²³ And if any misfortune follow, then thou shalt give life for life, ²⁴ eye for eye, tooth for tooth, hand for hand, foot for foot, ²⁵ burning for burning, wound for wound, stripe for stripe", and finally in the book of Deuteronomy 19:21 “²¹ And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot".

This principle was manifested not only by the Jewish legislature, but also much earlier in the legal system of the Hammurabi code, where very strict, and the law was applied literally. Of course, the rabbis of the oral tradition wisely deduced, that if we were to apply a PSHAT or a literal interpretation, of the sacred written law, we would eventually be a curious group of lame, one-eyed, and toothless people. Hence we find in the Talmud in Baba Kama 83b, the principle of MIDA KENEGED MIDA, measure for measure (value by value), which interprets this strict text, as monetary compensation or in goods, as stated: "Damage, pain, expenses doctors, disabilities and mental anguish", regardless of social ranks, for the rich and for the poor the law is the same.    Moreover, the application of the Law of Talion sought to avoid terrible cases of revenge, in which, for example, a person who had lost a leg in an accident, through the fault of a third party, would seek the death of the culprit.

So far everything makes sense and has a certain logic to it, up to the point we read more deeply and analyze the story, then we realize that, our modern view of common sense is not shared by the Sadducees, the most conservative group in the temple era, who fervently advocated the literal application of the law. However, thanks to the Pharisees, the rabbis of the oral tradition, this written law was interpreted and as Littman indicates in his book, was "adapted to social change and intellectual ideas". Does this sound familiar? - Social change and intellectual ideas. For those unfamiliar with the origins of the Liberal movements both Reform and Conservative, they have been based on ideas that were expressed in different documents called PLATFORMS. The reform movement for instance had the first one written in Pittsburgh in 1885. The conservative movement has as well its Basic documents that indicate its fundamental values. I quote part 6 from the Reform Platform related to the Torah, as follows:

"We are committed to the ongoing study of the whole array of (mitzvot) and to the fulfillment of those that address us as individuals and as a community. Some of these (mitzvot), sacred obligations, have long been observed by all Jews; others, both ancient and modern, demand renewed attention as the result of the unique context of our own times".

Back in Israel, during my classes with young students preparing for Bar Mitzva, I have gotten familiarized with youngsters who have been sometimes severely criticized by their friends, for having their Bar Mitzva with "those liberals who do not fulfill anything that is written in the Torah". Seriously? And since when did the Jewish people fulfill everything that is written in the Torah? (I asked). Then, I realized the extent of the information gap that existed and the false notion embedded into common belief, that the Jewish liberal movements are something “new”, when in fact changes have existed almost from the beginning, when the religious leaders, prophets and later rabbis of the Mishna, have openly and without prejudice made changes, overriding to what is written in the sacred Torah! Examples? they are numerous! It is written in the Torah, in Exodus 35:3 לא תְבַעֲרוּ אֵשׁ, בְּכֹל מֹשְׁבֹתֵיכֶם, בְּיוֹם, הַשַּׁבָּת - which means, they will not burn (it does not say you will not light), and how do we receive the Shabbat? Lighting candles, so that fire will burn on Shabbat! and not only that, we even have the audacity, during the blessing to declare that it is a divine command!: "that you ordered us to light the lights of the Sabbath". I can imagine the creator of the Universe wondering: "Wait a minute… And where exactly did I say that?"... Another example, is the blue-celestial Techelet in the tzitzit of the Talit, which was completely abolished by Chazal (the rabbis), or the law of the Prozbul, pronounced by Hillel, that avoided the cancelation of debts, or the most inhuman death penalties to the “stubborn and rebellious son”, and who can forget, the terrible bitter waters that the woman had to drink to prove that she did not dishonor her husband and of course the law of the Talion of this parashat Emor, chaberim, the list is pretty large... not for today’s sermon. Those are distinct examples of the new-old struggle: Pharisees against Sadducees, flexibility to social changes and adjustments of the law, against the obstinate desire to avoid a change… any change!

The truth is that it is thanks to those changes, those liberal ideas, those adjustments, that Judaism has survived, and is still ALIVE. It is a result of a strange combination of the written Torah, unalterable in its text, with the wise decisions to interpret it, adapt it, and maintain it in its origin, while understanding it in human terms. The liberal platforms were not the beginning of the Reform or Conservative movements; everything began with the Mishna, the Guemara, the Talmud, the later books, the codifications, until the most recent and new interpretations of the law that have led, on the one hand, to cases, like the use of "elevator of shabbat", to the most human, such as permitting donation of organs to save lives. It is said, with humor, that if Moshe Rabbeinu - Moses, appeared today in Israel, he would hardly understand Hebrew, because the language is modern, nor he could read it because the symbols are different, nor would he identify current Judaism as the law of Sinai, without priests nor offerings. A very different Jewish world from what he originally offered to his people. Parashat Emor reminds us once again, how important changes have been in the history of our faith, and how proud we can feel now, all of us, knowing that we are an integral part of the liberal movement that keeps the Law alive, to comply with what says the Torah wisely in Deuteronomy 4:

"וְעַתָּה יִשְׂרָאֵל, שְׁמַע אֶל הַחֻקִּים וְאֶל הַמִּשְׁפָּטִים, אֲשֶׁר אָנֹכִי מְלַמֵּד אֶתְכֶם, לַעֲשׂוֹת לְמַעַן תִּחְיוּ"

"Now, O Israel, hear the statutes and decrees that I teach you, that you may execute them, and live" and in Leviticus 18:5 -

"וּשְׁמַרְתֶּם אֶת חֻקֹּתַי וְאֶת מִשְׁפָּטַי, אֲשֶׁר יַעֲשֶׂה אֹתָם הָאָדָם וָחַי בָּהֶם: אֲנִי, ה’" - "Therefore, keep my statutes and my ordinances, which man will make, he will live in them. I Adonai".

How beautiful is our inheritance! The mitzvot are a means to live by them - not to die for them.

Shabat Shalom!

Rabbi David Laor

May 17^th, 2024