Parshat Ki Tetze: Deuteronomy 21:10 -25:19: By Rabbi Denise L. Eger
This week’s Torah portion Ki Tetze describes the rules of ancient Israelite society. Many of these rules and regulations might seem strange to us today. For example that a woman must not put on a man's apparel (Deut.22:5). While other laws described in the portion we continue to observe even now. Some of the laws presented in this week's portion seen like a natural outflow in of common sense and morality such as building a parapet for your roof so that no one should fall from it (Deut. 22: 8). In any case, there are a large number of Commandments in this portion. According to the great teacher, Maimonides nearly seventy–two commandments or mitzvot are found in this week's Torah portion.
One of the most troubling passages in this week's portion begins at verse 18 of chapter 21. This section of Torah calls for the parents of a wayward and defiant child to kill him or her in front of the community. The child that does not heed his or her parents despite numerous disciplinary actions is subject to this shocking treatment. This enactment of the death penalty for dishonoring parents seems rather extreme.
And yet in the Talmud in tractate, Sanhedrin, this case of the defiant child is described as the case of a child who is a glutton, a drunk, and a thief. The child is seen as one for whom there is no rehabilitation. Ultimately he will spend his parents’ wealth away and still not be satisfied. He or she is heading down a path from whence there is no return. It seems as if those around him, his family and his community are unable stop a slide downward into a life of criminality and dishonor. Thus the only solution seems to be execution.
This is one example in our Torah, where even the Sages of the Talmud suggest that this commandment never occurred but was only on the books as a deterrent. In fact, the rabbis of the Talmud show example after example of ways to exclude various scenarios so that the execution by stoning can never take place. The Mishna describes first that the wayward child, who has at the least reached puberty, is warned by two witnesses. Then the rebellious child is taken to a court of law, with at least three judges and is punished by flogging. The next offense causes the trial to be brought to a court of at least 23 judges. But still the stoning may not take place unless the original three judges are part of the next court. The Mishna and Talmud also address several other cases so that in effect, this Torah law is very difficult and next to impossible to carry out.
And yet for those religious traditions that read the Bible literally this passage in Deuteronomy should give great pause. Christian fundamentalists who want to claim that the Bible is the inerrant word of God should read these passages with great and grave caution. For if their assertions are correct, then this passage from the book of Deuteronomy, would make stoning an approved method of reining in wayward youth. This is simply not acceptable. These passages make their claim that they observe every word of the Bible a false claim. They pick and choose which passages to stress and which to ignore. The stoning of a rebellions child as called for here in Deuteronomy is nothing more than murder and child abuse.
It is clear in Jewish tradition that there is development in the legal understanding of our Commandments. Our laws and the halacha have gone through changes, progress, and our legal traditions in Jewish life have made this particular passage no longer one we ought to fulfill. The rabbis of the Talmud saw that and made it clear in their explanations that this law was only meant to teach just how important the tradition of honoring our parents is in Jewish life. After all, “Honor your father and your mother,” is in the top five of the 10 Commandments.
The rabbis of the Talmud also suggest that this law of the rebellious child may also be set aside because the behavior of the child can be traced to and stems from the child's family background. One discussion in the Talmud links the previous cases in Deuteronomy at the beginning of this portion to the passage about the rebellious child. The rabbis want us to see and understand that the next generations’ behaviors and worldviews are often directly related to our experiences from our family.
Beginning in verse 10 of chapter 21, the Torah describes the case of a soldier, who takes a wife from the enemies’ women and in the second case teaches that a man may not discriminate against a child of an unloved wife and favor the child of a loved wife in matters of inheritance. The rabbis link these three stories illustrating for us that the rebellious child might be rebelling against his father legitimately or that he has been placed on a path of a bitter life by the actions and/or inactions of his family. No one rebels in such deep ways unless he or she was set-up for it by their family system or lack thereof.
Again, this is the rabbis’ way of helping us to see that we are all responsible for the welfare of our community and its members. It is not just blame the child or blame the parents but there might be a whole system at work. Thus the community bears some responsibility as well.
Even as difficult as it is to understand and read these passages in our Torah, we must be proud of our tradition that grappled with trying to understand the circumstances of how someone might become so angry, so defiant and so mal-adjusted. And further we must be proud of our tradition that looks to the continuous progression and development of Jewish understanding and Jewish moral thinking. And finally we ought to remember that a large part of the message of the rabbis for us is that we have responsibilities to one another to create a society and culture that helps every child becomes a successful and contributing member of society. No child should be allowed to go down that path of malevolent behaviors instead our task, is to repair and heal the world around us including the conditions that might create such a person. May we in this New Year help to shape the world so that all may find a path to hope and learning, honor and respect.
Posted by Jimmy at September 8, 2008 05:05 PM
