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April 24, 2014 / 24 Nisan, 5774
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The Parameters Of Justice

Thursday, August 15th, 2013

In Deuteronomy 24, we encounter for the first time the explicit statement of a law of far-reaching significance:

“Parents shall not be put to death for children, nor children put to death for parents; a person shall be put to death only for his own crime” (verse 16).

We have strong historical evidence as to what this law was excluding, namely vicarious punishment, the idea that someone else may be punished for my crime.

For example, in the Middle Assyrian Laws, the rape of a non-betrothed virgin who lives in her father’s house is punished by the ravishing of the rapist’s wife, who also remains thereafter with the father of the victim. Hammurabi decrees that if a man struck a pregnant woman, thereby causing her to miscarry and die, it is the assailant’s daughter who is put to death. If a builder erected a house that collapsed, killing the owner’s son, then the builder’s son, not the builder, is put to death (Nahum Sarna, Exploring Exodus, p. 176).

We also have inner-biblical evidence of how the Mosaic Law was applied. Joash, one of the righteous kings of Judah, attempted to stamp out corruption among the priests, and was assassinated by two of his officials. He was succeeded by his son Amaziah, about whom we read the following:

“After the kingdom was firmly in his grasp, he [Amaziah] executed the officials who had murdered his father the king. Yet he did not put the sons of the assassins to death, in accordance with what is written in the Book of the Law of Moses where the Lord commanded: ‘Fathers shall not be put to death for their children, nor children put to death for their fathers; each is to die for his own sins’ ” (2 Kings: 14:5-6).

The obvious question, however, is this: how is this principle compatible with the idea, enunciated four times in the Mosaic books, that children may suffer for the sins of their parents? “The Lord, the Lord, the compassionate and gracious God, slow to anger, abounding in love and faithfulness, maintaining love to thousands, and forgiving wickedness, rebellion and sin. Yet He does not leave the guilty unpunished; He punishes the children and their children for the sin of the fathers to the third and fourth generation” (Exodus 34:7 – see also 20:5; Numbers 14:18; Deuteronomy 5:8).

The short answer is simple: It is the difference between human justice and Divine justice. We are not God. We can neither look into the hearts of wrongdoers nor assess the full consequences of their deeds. It is not given to us to execute perfect justice, matching the evil a person suffers to the evil he causes. We would not even know where to begin. How do you punish a dictator responsible for the deaths of millions of people? How do you weigh the full extent of a devastating injury caused by drunken driving, where not only the victim but also his entire family is affected for the rest of their lives? How do we assess the degree of culpability of, say, those Germans who knew what was happening during the Holocaust but did or said nothing? Moral guilt is a far more difficult concept to apply than legal guilt.

Human justice must work within the parameters of human understanding and regulation. Hence the straightforward rule: no vicarious punishment. Only the wrongdoer is to suffer, and only after his guilt has been established by fair and impartial judicial procedures. That is the foundational principle set out, for the first time in Deuteronomy 24:16.

However, the issue did not end there. In two later prophets, Jeremiah and Ezekiel, we find an explicit renunciation of the idea that children might suffer for the sins of their parents, even when applied to Divine justice. Here is Jeremiah, speaking in the name of God:

“In those days people will no longer say, ‘The fathers have eaten sour grapes, and the children’s teeth are set on edge.’ Instead, everyone will die for his own sin; whoever eats sour grapes – his own teeth will be set on edge” (Jeremiah 31:29-30).

And this, Ezekiel:

The word of the Lord came to me: “What do you people mean by quoting this proverb about the land of Israel: ‘The fathers eat sour grapes, and the children’s teeth are set on edge’? As surely as I live, declares the Sovereign Lord, you will no longer quote this proverb in Israel. For every living soul belongs to me, the father as well as the son. Both alike belong to me. The soul that sins is the one who will die” (Ezekiel 18:1-3).

Printed from: http://www.jewishpress.com/judaism/jewish-columns/rabbi-lord-jonathan-sacks/the-parameters-of-justice/2013/08/15/

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