Thoughts on Parashat Ki Teitzei
Menachem Mirski
Human beings are more prone to be preoccupied with the negative aspects of our existence and tend to ruminate more about unpleasant events. In general, there is not much we can do about this: that’s how our brains have evolved throughout millions of years of evolution – this mechanism helped us survive in the world that was incredibly hostile. Interestingly that’s one of the main reasons for which the mass media bombards us with disproportionately negative, bad and tragic content. Their specialists know that this information sells better and attracts more attention. In general, happy, positive and calm content is boring.
Certainly, this wasn’t the mindset of our ancient ancestors. If they were ever bored, they were bored of the endless struggle for survival, they were bored of terrible illnesses and the tragic death rate among children, they were bored by the constant possibility of starvation. Not to mention the constant tribal wars, fratricidal fights as well as class exploitation and injustice. Their dream was: U’vi’arta hara mikirbecha – Thus you will sweep away evil from your midst. Our Torah portion uses this phrase 5 times, whenever a crime punishable by the death penalty is mentioned. Three of these cases deal with the 7th Commandment – adultery (Deut. 22:21,22,24), one with the 8th Commandment – theft and kidnapping (Deut. 24:7) and one is pertaining to the case of the rebellious son (Deut 21:21). Is the death penalty for crimes and misconduct the only way the Torah wishes to remove evil from the midst of the Israelite community? Absolutely not. While not as salacious, most of the laws in this week’s Torah portion present a positive approach to eliminating evil. In fact, there is an entire series of laws that are aimed to prevent evil from happening.
One of the most succinct definitions of evil is: knowing what suffering is and deliberately inflicting it on innocent beings. Importantly, it is generally easier for us human beings to learn this “skill” of inflicting suffering than to unlearn it. Our Torah portion wants us to never learn this skill by preventing us from inflicting any unnecessary suffering on any of the living beings:
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]If, along the road, you chance upon a bird’s nest, in any tree or on the ground, with fledglings or eggs and the mother sitting over the fledglings or on the eggs, do not take the mother together with her young. Let the mother go, and take only the young, in order that you may fare well and have a long life. (Deut. 22:6-7)[/perfectpullquote]
This law, in its spirit, resembles a different and well-known law of the Torah: You shall not boil a kid in its mother’s milk (Deut 14:21, Ex. 23:19, 34:26) as well as the prohibition against slaughtering an animal and its offspring on the same day (Lev. 22:28). There is yet another law against cruelty towards animals in our Torah portion: You shall not plow with an ox and an ass together (Deut 22:10). Maimonides commented on the law about the bird’s nest as follows:
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]In most cases, however, this command will cause man to leave the nest untouched, because his spoils (i.e. young birds) will usually be unfit for consumption. If the Law provides such grief should not be caused to cattle and birds, how much more careful must we be that we should not cause grief to our fellowmen![/perfectpullquote]
Indeed, being sensitive towards animals is an indicator of sensitivity towards other human beings and vice versa – people learn and develop their cruelty by inflicting it on weaker and defenseless living beings. The Torah was also aware of many societal factors, like economic gaps, which left unchecked, can cause much evil. There are two kinds of laws here: laws against economic exploitation often addressed to the wealthier classes in society and laws commanding respect of others’ property, often addressed to the poorer classes in society.
Examples of the first type of laws are those against economic exploitation:
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]A handmill or an upper millstone shall not be taken in pawn, for that would be taking someone’s life in pawn. (Deut 24:6)[/perfectpullquote]
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]When you make a loan of any sort to your countryman, you must not enter his house to seize his pledge. You must remain outside, while the man to whom you made the loan brings the pledge out to you […] . (Deut 24:10-13)[/perfectpullquote]
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]You shall not abuse a needy and destitute laborer, whether a fellow countryman or a stranger in one of the communities of your land. (Deut 24:14)[/perfectpullquote]
And the second type of laws are those commanding respect of others’ property and hard work:
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]When you enter another man’s vineyard, you may eat as many grapes as you want, until you are full, but you must not put any in your vessel. (Deut 23:25)[/perfectpullquote]
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]When you enter another man’s field of standing grain, you may pluck ears with your hand; but you must not put a sickle to your neighbor’s grain. (Deut 23:26)[/perfectpullquote]
Poverty itself is not a factor that increases social discontent and crime rate. There have been and still are many poor societies in the world where the average crime rate is lower than in the affluent societies.
Why?
It is relative poverty, when the lower class is surrounded by the wealthy and sees no opportunity to elevate their position, that causes the problem. This relative poverty causes discontent, frustration, anger and hatred, which in turn, result in violence. This is exactly the situation the Torah speaks about. All these peaceful measures need to be taken to prevent eruption and escalation of evil because once evil ensues it can be stopped only through severe and punitive actions.
This Torah portion also includes laws regarding individual responsibility for committed crimes (Deut. 24:16) as well as laws commanding mutual responsibility for common well-being (like returning lost items in Deut 22:1-4), helping each other, being righteous and kind. Among them there is also a law preventing accidents:
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]When you build a new house, you shall make a parapet for your roof, so that you do not bring bloodguilt on your house if anyone should fall from it. (Deut 22:8)[/perfectpullquote]
The Torah wants to fight evil not only through punitive measures but also, if not primarily, through preventive and positive measures – eliminating exploitation, promoting respect towards others’ property, drawing the lines between individual and social responsibilities, as well as simply being helpful, thoughtful and kind to one another. In these unpredictable and turbulent times we would all do well to keep this in mind. Let’s remember that we cannot win over evil using exclusively negative measures; we must employ positive measures to keep evil at bay and this should be our primary focus.
Shabbat shalom,
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