54
Friday, -February 15, 1.985
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Seeing Straight On Torah's
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Special to The Jewish News
No law has been subject to
greater misconception then the
Torah's measure-for-measure
principle enunciated in Exodus
21:24 ("eye for eye, tooth for tooth,
etc."
The entire 'Jewish people have
been made guilty of taking wild
revenge or perpetrating hatred in
the hope of getting even. The
media, in particular, takes extra
pains to -remind its readers and
listeners that a retaliatory strike
by the Israel Defense Force is Bi-
blical fiat and they quote this
verse as support proof.
The eighth chapter of the trac-
tate Bava Kama discusses in de-
tail all the ramifications of this
verse. It means the substitution of
legal punishment and compensa-
tion for the injury of the victim.
Five areas of assessment come
under the obligation: damages,
pain, medical expenses, unem-
ployment compensation and men-
tal anguish or embarrassment.
Under no circumstances was a
literal act of measure-for-
measure ever carried out. The
shock of such action, say the rab-
bis, could easily lead to the death
of the other which would result in
a life being taken as well as an
eye.
The lex talionis stipulation in
Torah law demands that a fair
and equitable relation must exist
between the crime and punish-
ment; and, that all citizens are
equal before the law. The injuries
of all are to be valued according to
the same standard.
In primitive society, this sta-
tute was frozen into a hard and
fast rule of terrible cruelty. It was
Torah law that placed an elevated
standard for civilization to follow.
Just and equitable compensation
to the victim, not revenge and
hateful action, is the true mean-
ing of this verse.
When the Israeli army initiates
Mishpatim
Shabbat-Shekalim:
Exodus 21:1-24:18.
II Kings 11:17-12:17.
an action that by all definition
appears to be retaliatory, it is
based on strategic and military
decisions following an analysis of
the situation. One would be naive
to assume that the government
and military leaders of Israel
strike back because the Torah
says "an eye for an eye."
Torah law places great em-
phasis on the protection of hu-
manity. It is a law of justice not
hatred. Hines dictum, "What is
hateful to you, do not do to your
fellow man;" was his summation
of Torah while standing on one
foot. It is the spirit of equity that
reigns supreme.
Judge To Speak At Temple
John H. Shepherd, judge of the
Michigan State Court of Appeals,
will be the guest speaker at Sab-
bath services at Temple Israel at 8
p.m. today.(JTA) — Shepherd, a
life-long member of the temple,
will speak on "Law and Order:
Jewish and American Style."
A native Detroiter, Judge
Shepherd is an attorney, who
until his appointment by Gov.
James Blanchard to the Circuit
Court of Appeals, was engaged in
private practice. He was re-
elected to his present post last
November.
An honors graduate of the Uni-
versity of Michigan and the U-M
Law School, Judge Shepherd
studied comparative law in Paris,
France, on a Fulbright Schol-
arship.
Judge Shepherd has held a
number of public offices, has
taught at Wayne State University
and is active in the Jewish and
civic community.
He is a past president of the
Jewish Community Council and
presently serves on its executive
committee, and was former
chairman of the board of Channel
56, which he now serves as a
member of the executive commit-
tee.
Judge Shephard is a life
member of the NAACP, B'nai
B'rith, Women. Lawyers of Michi-
gan and Temple Israel.
Also participating in the serv-
ice will be Cantor Alane Simons
Katzew, of Port Washington,
John Shepherd
N.Y., who will chant the service in
the absence of Cantor Harold Or-
bach.
Cantor Orbach will participate
in a special weekend program at
the temple in Louisville, Ky.,
where he is cantor-in-residence.
Temple To Honor
Future Leaders
Members of the Birmingham
Temple who are in training as
leaders of Humanistic Judaism at
the Humanist Institute will be
honored at services at 8:30 p.m.
today.
They are: Carolyn Fried,
Miriam Jerris, Janis Levin-
Gorelick, Harriet Maza and
Suzanne Paul.