By Zak Newbart, Anya Friedman Hutter, & Dan Weiss
When we last left our heroes, they were bumbling through the desert wondering what to do with their lives. Should the Israelites follow Moses and YHWH (G-d), or should they return to their lives of “comfort” in Mitzrayim? Luckily for them, in this week’s Torah portion, MISHPATIM (LAWS), YHWH presents an intriguing lifestyle in which it is a society shaped by YHWH. In this portion, practical laws are presented to the Israelites, with a notable one being “an eye for an eye”. Other laws regarding human to human interactions and human to animal interactions are included as well. At the end, the Israelites agree to this covenant with YHWH.
Looking at this parasha, we were struck by the sense of justice and fairness that runs inherently through the laws. It is clear what is right and wrong, and the people are given ways to judge their actions through a moral framework. This led us to all sorts of questions about how to determine what is just and how to respond to injustice justly. We’ll examine them through their relationships to issues we find important and relevant.
Something that we found these dilemmas applicable to was the recent news about the sexual assault case on Columbia University's campus, in which Emma Sulkowicz has been carrying around her mattress that she was assaulted on until her assailant is dismissed from the school. Some questions we have are: what is a just punishment? Is it just to punish someone through the university or through the legal system? Or both? Who has the right to demand justice and what kind of justice? In this parsha, we hear about the ruling of “a life for a life, an eye for an eye...” (Ex. 21:23-25). If we agree with this sentiment, then what, in this case, is the equal punishment for the crime committed?
Another situation where questions arise about justice come with the Israeli-Palestinian conflict. Especially within Habonim Dror, we grapple with what justice means for the region. Mishpatim gives us some guidelines for how to treat strangers and enemies, which provides an interesting lens in our quest for justice in the Middle East. One thing that the parasha talks about is treating the stranger with dignity and equal rights. When we look at the ways Israel treats the Palestinians, and the cruel and dehumanizing images each people has for the other, it’s difficult to see the Torah’s moral code reflected. So what is the change that needs to happen to bring the reality closer to the Torah’s sense of justice? The Torah commands that the Israelites help their enemies when they are in need, aiding them with their burdens. With this, what does it mean to be an enemy? How does this shift the way that we usually see animosity in our relationships? How can the burdens that exist in Israel/Palestine be shared or resolved in a just future?
To further complicate matters, this section of Mishpatim also states that one should not bend justice towards the poor person. In the context of this example, how do we as Habonim Dror make sure that our understanding and vision for the end of this conflict is fair? How can we envision a more holistic solution that works to address injustice faced by both peoples?
As we strive to answer the age-old call, “Justice justice pursue it,” we must consider what kind of justice we’re working towards. Given the broken state of our world, we want to pose one final question: how do you pursue justice in an unjust system? It is difficult, but hey, if we turned away from difficult questions we wouldn’t be a Socialist Zionist youth movement!