With all the protests this week, there has been much debate about what behaviour is acceptable and what should be met with fines, indictments and possibly even imprisonments!
You may be shocked to find out, that if the Israeli legal system today was based solely on Torah law, prison would not be one of the options!
Think about it - can you recall any halachot that mandate going to prison as the punishment for a transgression? There are none!
For really serious crimes, we know that there is capital punishment. For more minor transgressions, one can be exonerated through purification and sacrifices. It’s reasonable, surely, to expect a ‘middle ground’ of imprisonment.
The Torah does not believe in prison. If your actions have taken you across the line of ‘no hope’ - then capital punishment is tragically meted out. For everything less than that, the answer is one and the same - proactive living and rehabilitation - fueled by the infinite force of Teshuva.
Parshat Masei presents the Torah concept closest to prison, though it couldn’t be further from it in theory and practice. One who commits involuntary manslaughter, escapes to a city of refuge - an ‘Ir Miklat'.
In prison, you are isolated from regular society and incarcerated into close quarters with all the other 'terrible' humans - condemned to see out your days as your worst self. In the Ir Miklat - the offender lives in a functioning city, amongst Kohanim.
In prison, one dreams of elaborate escape plans. In the Ir Miklat, one feels gratitude for the safety and serenity of the city.
In prison, the criminal is reminded every day of his sins and fall from grace. In the Ir Miklat, the repentant is inspired towards redemption and living a better life - recuperating amidst the Kohanim - Jewish aristocracy.
“I am convinced that imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture... It must surely be a tribute to the resilience of the human spirit that even a small number of those men and women in the hell of the prison system survive it and hold on to their humanity.” - Prof. Howard Zinn
Judaism has no place for prison - because we believe in the ever-present potential for a better future - for every individual.
May the concept of the Ir Miklat inspire us all to flee from the curse of our lowest common denominator, as we seek out ways to actively build a united and better future for Am Yisrael - especially in Eretz Yisrael.
Comments