WORKSHOP
(1) Explain the term 'stimulus response' and its relationship to the punishment of lashes.
(2) Why is jail considered by Judaism to be a cruel and ineffective method of punishment? What reasons does Rabbi Blech give for Judaism's stance that jail is an inhumane response to crime?
(3) What is the difference in the way a convict is treated by the community at the end of a sentence of malkut, as opposed to one who completed his sentence in jail?
(4) Give three incidences in the Torah where the number 40 is of significance. What do these examples teach us is the significance of the number 40?
(5) On Shabbat we are forbidden to do 39 categories of creative acts. What is the Talmud telling us when it communicates this by saying, "Do not do 40-minus-one categories of creative acts" on Shabbat?
(6) The Torah prescribes 40 lashes as the punishment of malkut. The oral law prescribes only 39. Why does the Oral tradition prescribe 39 lashes, rather than 40?
(7) What was the first mitzvah given to the Jewish people as a nation? What is the significance of this?
ANSWERS
(1) Q: Explain the term 'stimulus response' and its relationship to the punishment of lashes.
A: When we touch something that is harmful for us, like a hot stove, we feel pain. This reaction and painful association is known as the Pavlovian response.
Indeed, when a thief has to pay back double what he tried to steal, he experiences the 'pain' of the loss of his resources. However when the crime is such that the doer is called a rasha, a wicked one, a more severe punishment is required that will invoke the necessary stimulus response. In such a case, the punishment prescribed by the Torah is lashes. This biblically-ordained means of punishment teaches the perpetrator that his actions are not only wrong, but are also damaging to his own practical self-interest.
(2) Q: Why is jail considered by Judaism to be a cruel and ineffective method of punishment? What reasons does Rabbi Blech give for Judaism's stance that jail is an inhumane response to crime?
A: Western society regards physical punishment as cruel, and prison as compassionate. Biblical thought posits the exact opposite. Prison is not a viable option for punishment, because confining a person and depriving him of freedom negates the very ideal of the first commandment, "I am the Lord your God, who took you out of the land of Egypt, the house of bondage." God removed us from slavery because we were created to - free to make our own choices, to become what we can, and to utilize our time in the manner of our choosing.
For punishment to be effective, it must be administered as quickly as possible after the crime itself, in order to provide a direct link in the perpetrator's mind between the crime and its consequences. Often, criminals wait many months before sentencing, and may not receive any sentence at all. In addition, spending time has no positive rehabilitation affect, disrupts family life, and places criminals in an environment that reinforces their criminal attitudes.
By contrast, administering lashes provides an immediate and direct link with the crime. Lashes are meant to be administered both compassionately and quickly, conveying the message implicit in the beneficial dimension of pain. We learn to stay away from what hurts. After the message is given, there is to be reacceptance and reconciliation – the slate is wiped clean.
(3) Q: What is the difference in the way a convict is treated by the community at the end of a sentence of malkut, as opposed to one who completed his sentence in jail?
A: Lashes must be given immediately, and after they have been given, the perpetrator is considered to be once again a full member of society – like a "brother."
(4) Q: Give three incidences in the Torah where the number 40 is of significance. What do these examples teach us is the significance of the number 40?
A: The number 40 represents change, as we see from the examples given below:
- The flood that occurred in the generation of Noah lasted for 40 days and 40 nights. The flood was brought by God to create a different world and remove the evil that had existed in Noah's generation.
- Moses went up to Mount Sinai and stayed there for 40 days and 40 nights, in order to change himself and the Jewish people.
- The Jewish people had to stay in the desert for 40 years after the sin of the spies. This time was needed to create a new generation, worthy of entering the Land of Israel.
- The first 40 days after conception, the fetus is considered to be mayim b'alma, a drop of liquid. Only at the end of 40 days does it acquire the fuller status of "life."
- The Hebrew term for water is mayim, which has the numerical value of 40. For conversion, a non-Jew must immerse in a mikveh containing 40 measures of water in order to become Jewish. Immersion in the mikveh, along with other requirements, changes a non-Jewish person into a Jew.
(5) Q: On Shabbat we are forbidden to do 39 categories of creative acts. What is the Talmud telling us when it communicates this by saying, "Do not do 40-minus-one categories of creative acts" on Shabbat?
A: God created the world with many creative actions and on the seventh day – Shabbat – He rested. God has designated Shabbat as a day of rest for the Jewish people. On Shabbat, we refrain from creative acts, as outlined by Jewish law.
God created the world with 40 categories of actions. However, his initial act of creation was unique. Before God formed things, He had to create yesh me'ayin – something from nothing. This is a creative act that man cannot replicate. We are only able to take things that already exist and reform them into something else; no human can create something from nothing. So on Shabbat, we are commanded to refrain from "40-minus-one" categories of creative activity.
(6) Q: The Torah prescribes 40 lashes as the punishment of malkut. The oral law prescribes only 39. Why does the Oral tradition prescribe 39 lashes, rather than 40?
A: Secular legal systems are invariably set up to tell us what to do after a crime has been committed. By contrast, Jewish law is meant to be preventative. The aim of malkut (lashes) is to change a person whose physical self has gone astray. Change, we have learned, is represented by the number 40.
In order to change a human, almost everything must be changed. Every Jew has a spark of the Divine within. A person's soul is perfect; it is only the person who can distort his inner essence and commit a crime. The soul does not need correcting. Therefore what needs to be fixed in order to effect change, is achieved though precisely 40-minus-one lashes.
(7) Q: What was the first mitzvah given to the Jewish people as a nation? What is the significance of this?
A: The first mitzvah given to the Jewish people as a nation is the mitzvah of setting the new month. The new month could only be fixed when two witnesses came before the Jewish court to declare that they had seen the new moon. Thus God handed man the ability to regulate his own time.
This mitzvah was particularly significant as it was given during the time that we became free from slavery in Egypt. God was teaching us that now we are masters over our own time and must use it wisely.
SUMMARY
In numerous instances, monetary damages are not considered sufficient punishment and lashes are prescribed. According to Western thought, lashes are considered inhumane. In contrast, Jewish law considers jail an inhumane infringement on a person's freedom. Lashes are quick, humane and corrective. They come with a sharp educational message to spur the transgressor to mend his ways.
Often, criminals wait many months before receiving their jail sentence, and some may not receive any sentence at all. In addition, spending time in jail, places criminals in an environment that reinforces criminal attitudes.
Administering lashes provides an immediate and direct link with the crime – commit the crime, feel the pain. Lashes are meant to be administered both compassionately and quickly, conveying the message implicit in the beneficial dimension of pain. We stay away from what hurts. After the message is given, there is to be reacceptance and reconciliation – the slate is wiped clean.
In Torah, the number 40 represents change The Torah prescribes 40 lashes, but oral tradition dictates that we administer only 39. Lashes are prescribed in order to bring about change in a person. However, there is an element to a person that is perfect and does not need change – the human soul. Therefore, oral tradition teaches that the number of lashes to be given is 40-minus-one.
Secular legal systems are invariably set up to tell us what to do after a crime has been committed. Jewish Law is meant to be preventative. From an early age, every Jew is obligated to learn Torah in order to know what to do, what not to do and the principle that all of our actions have consequences. Every member of society must know the law, not only lawyers and judges. Because the essence of Jewish law is preventative rather than punitive.
Indeed, the first commandment gives the Jewish people this message. Fixing the date of the new month is the first commandment given by God to the Jewish people. The message implicit - our time is to be determined and controlled by us. We are the master of time and determine what we do with our lives. The only thing that is irreplaceable in our lives is time. To lock someone up in a prison is inhumane because it robs the person of the ability to be masters over their own time – and their choices.
By this definition, Jail is a form of slavery. God took us out of Egypt in order to give us freedom – the freedom to choose who we are through our actions. Jail is considered to be too severe a punishment for Judaism. Hit him and teach him, but do not rob him of his time. Lashes are far preferable to prison.