Tag: ignorance of the law is no excuse

My Torah Portion Many Years later (Longer Comment on “Va-Yikrah”)

~ slfuchs ~ 3 Comments

 When I studied the first Torah portion in Leviticus, Va-yikrah for my Bar Mitzvah long ago, it seemed void of contemporary meaning. How wrong I was!

Two Gems

The portion contains two gems I hold dear.

  • The first is familiar to us: “Ignorance of the law is no excuse.” If a person commits a sin, however unwittingly, he/s she is guilty and must take responsibility for his/her wrongdoing.” (Leviticus 5:17)
  •  The second by contrast promotes a three-thousand-year-old concept of justice that modern society is just beginning to employ. The common term for it is retributive justice, but I prefer to call it victim compensation.

If a person steals or gains something through oppression or extortion and then wishes to make up for it, he shall pay his fine, of course, but also: “He shall repay (to the victim) the principal and add a fifth part to it (Leviticus 5:24)” as compensation for the loss. How much better it is if people who commit economic crimes would make restitution and then some to their victims rather than simply go to prison and be a further economic burden to society.

Victim Compensation

Indeed the tradition was so enamored of the idea of victim compensation that they interpret the text to give the victim an even greater pay out than the Torah seems to mandate. The Torah says, “v’hamishitav yosef lo. He shall add a fifth part to it (Leviticus 5:24).” So, if I steal a hundred dollars, the Torah says that I should pay an additional a fifth, which would seem to mean 20 extra dollars, to my victim. Makes sense, but no: Our Sages mandated that the total payout by 125 dollars. Why? The fifth part” added to it would be not a fifth of the principal but a fifth part of the total sum paid by the offender (B. Baba Metzia 54A). The point is not the extra five bucks. The point is that the shapers of Jewish ethics wanted to reinforce just how important victim compensation is to a system in which God has called on us—beginning with Abraham–to do what is “just and right. (Genesis 18:19)”

What’s in It for Us Today?

in interpersonal relationships, these two lessons can have great meaning. Should we feel obligated to adhere only to the letter of the law or should we make diligent effort to avoid actions that cause another pain? Especially with those we claim to love we should be sensitive to things that will cause hurt.

Later in Leviticus we read, “You shall not curse the deaf nor put a stumbling block before the blind. (Leviticus 19:14).” This instruction goes beyond the literal. I have never seen a person shout curses at a deaf person or trip one who is blind. But oh how often are we guilty of exploiting other’s areas of vulnerability? We should not excuse ourselves by saying, “I didn’t know.” It is our job to know.

When we do–-as all of us have done—cause hurt, the portion teaches we have an obligation to set those things right. Both the Torah and the Sages clearly emphasized how important it is to try to compensate the one who suffers.

The “meaningless“ verses I read from Leviticus at age 13 now speak to my very soul. By taking these ancient teachings to heart we can be better people and build a more just caring and compassionate world than the one in which we now live.

From “Why?” to “Wonderful!” (Quick comment on Torah portion Va-Yikrah)

~ slfuchs ~ 7 Comments

When I was handed my Torah portion to study for my Bar Mitzvah—Leviticus 5:17-26—many years ago I was SO disappointed. “What possible meaning,” I wondered, “do these ancient laws have? Why couldn’t I get some of the cool stories that my friends got?”

Years later I realized my portion contained two vital teachings for today:

  • Ignorance of the law is no excuse. (Leviticus 5:17)
  • Victims of financial crimes must be compensated by the perpetrator. (Leviticus 5:24)

I later learned that such compensation was so important to the rabbis that they interpreted the 20% penalty mandated by the Torah into 25%. (B. Baba Metzia 54a) WOW! How great it could be if that law were applied today. Imagine Bernard Madoff having to pay each of his victims everything he swindled from them plus 25%.

I also began to ask: If my dull and dry and dull  Bar MItzvah portion could have so much to teach us today, how much more can we learn if we apply the Torah’s exciting stories to our lives?

Looking back I see that is where my career choice began

My growing interest in the meaning of the Torah’s stories contributed to my decision to become a rabbi. Years after my ordination I studied four years part-time at Vanderbilt Divinity School to earn a D. Min. in Biblical Interpretation. Twenty years of continuous study after completing that degree I decided to write my short book, What’s in It for Me? Finding Ourselves in Biblical Narratives.

 

I marvel at the strange ways the Eternal One works. If I had received a more “interesting” Torah portion, my whole life might have been different. Now I treasure every opportunity the Eternal One provides to share the ideas in Biblical stories that have changed my life and which can, I believe, change yours as well.