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KI TEYTZEY 5783
Do You Believe in the Death Penalty?
Let me ask you: How many of you believe in the “death penalty?” Raise your hands… For those of you who did not raise your hands, what about the death penalty for Adolf Eichman? Eichman, you’ll recall, was the chief engineer of Hitler’s extermination of 6 million Jews .... Is the death penalty ok for Adolf Eichman? Not so simple, is it?
This morning I’d like us to think about the verdict given to Robert Bowers. It all began on Shabbat, October 27th, 2018. Robert Bowers walked into the Tree of Life Synagogue in Pittsburgh, Pennsylvania, and began shooting. Bowers had accused the Jewish people of being the “enemy of white people.” Just before the shooting, he posted a message to a web forum, saying, “I can’t stand by and watch my people get slaughtered. Screw your optics, I’m going in.” He then killed 11 Jews who came to daven and wounded many others. After being shot and wounded at the synagogue, Bowers said, “These people are committing genocide on my people. I just want to kill Jews.”
It was the worst attack on Jews in American history. What was the verdict? Bowers was sentenced on August 2nd to die by federal execution. There was a lot of talk about whether there should be a death sentence or not.
And there’s the Jewish perspective on this that certainly had to be heard in regard to this case. What is the Jewish perspective? Well, if you look in the beginning of today’s Torah portion and you’ll see the case of the Ben Soreyr Umoreh—the wayward and rebellious son. The Torah tells us: If a man will have a wayward and rebellious son who does not harken to the voice of his father and the voice of his mother, and when they discipline him, he does not listen to them, then his father and mother shall grab him and take him out to the Elders of the city, to the gates of his place. They shall say to the elders: “This son of ours is wayward and rebellious. He doesn’t listen to our voice. He’s a glutton and a drunkard.” And all the men of his city shall pelt him with stones. And he shall die and you shall remove the evil from your midst and all Israel shall hear and they shall fear.
From this it would seem that Judaism believes very strongly in the death penalty. And yet the State of Israel does not have the death sentence. And yet, Israel put the Nazi monster Adolf Eichmann to death. He was hanged! And yet, the Talmud (Sanhedrin 71a) is emphatic that the case of the Ben soreyr umoreh (the rebellious child), lo haya, v’lo y’hiyeh (never happened and never will happen)!
So why did the Torah command us what to do with a rebellious child if its intention was never to have it carried out? It’s not that Jews don’t have children with severe behavioral issues—we do like all other people. The Torah teaches us the law of the rebellious child so that we teach our children that in Gd’s eyes, this is what SHOULD happen to you if you behave that badly—if you become a drug addict and steal from your parents, mistreat your siblings, and disrespect the family. The case of the Ben soreyr umoreh (the rebellious child) is only for what we call Divine justice—only for Gd to adjudicate. But WE don’t have the right to implement this law.
Furthermore, the Talmud notes that when the Torah says, if the father and mother bring their son to court and say, “Our son is wayward and rebellious, he will not obey our voice,” notice the text reads koleynu, “our voice” in the singular, and not “our voices,” in the plural. This means, says the Talmud, that both father and mother must have the same sounding voice in order for the law of the rebellious child to apply. And the Talmud goes on, “Since we require that they be identical in voice, we also require that they be identical in appearance and height.” Of course, it never happened!
For me, the most meaningful approach in the Talmud was Rabbi Yehuda who said: “If his mother was not suited for his father [the 2 being an inappropriate match], he is not considered a rebellious son.” In other words, if this is not a loving home—if this is a dysfunctional home—how can we so severely punish the child?
We should also note this distinction between what ought to be done and what we’re permitted to do … is very far reaching. In the written Torah there are 36 sins or crimes which carry a death penalty. And in the Talmud we are told: the death penalty can only be imposed provided that there are 2 witnesses who warn the person in advance not to carry out his action, inform him of the penalty should he disobey them, then have the person respond that he intends to carry out the action regardless. Certainly, this makes the death penalty outside the realm of the realistic. In addition, the Talmud (Mishnah, Makkot 1:10) adds that Rabbi Elazar ben Azariah said, a Jewish court that executed once in 70 years is labeled a “murderous court!”
So, should Robert Bowers be put to death? Should there be a death penalty? I would say the answer is “yes, but?” Yes, there should be a death penalty, but only for the most heinous crimes like shooting up a synagogue full of worshippers.
I started thinking about this expression, “Yes, but,” a few weeks ago when I read an article by Andrew Sullivan sent to me by my colleague Rabbi Mitchel Wohlberg titled: “The Importance of Saying Yes to the But.” And what does he mean? That in our divided country it’s so important to understand the importance of “yes, but.” And he gives examples: Yes, immigration is the lifeblood of America, but we need to control the integrity of our borders and keep the pace of migration to a sustainable level that doesn’t hurt American workers. Yes, we need to recognize and better include trans people in society, but we don’t have to abolish the sex binary, sterilize children before puberty or teach kindergarteners that they get to pick their sex like a favorite color … Yes, we should support Ukraine in its defense against invasion, but it is highly unlikely Kyiv will ever recapture the entire country, and some kind of negotiated settlement is going to be needed in the foreseeable future. And he goes on with Hunter Biden, Donald Trump, Anthony Fauci and Covid and more: Yes, but …”
And I thought how Israel could use this “yes, but” philosophy today. You’ve all heard about the controversial judicial review bill of Israel’s Supreme Court that has cause massive demonstrations in the streets of Tel Aviv and Jerusalem. It received 64 votes in favor. Every single one of the 56 others were opposed. Now there is certainly room for a yes, a compromise even among the opposition. There are certainly arguments to be made in favor of the need for certain changes in the judicial system. But right or wrong, there’s so much strong opposition by so many people all over the country.
When reserve soldiers dare to boycott their Miluim obligation to serve their country for 36 days a year, it endangers the country’s security. When doctors threaten to leave the country, it endangers the health of the people. So yes … but. Or as another writer phrased it: “Sometimes being right is not enough.”
My friends, how many issues are there in your life now—in you relationships—where you know you’re right! One of my favorite expressions you’ve heard me say is: Do you want to be right or do you want a relationship. Yes, but… Amen!
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