Justice, Justice… What is Justice?

The Torah teaches us in Deuteronomy 16:20
"צדק צדק תרדוף"
"Justice, justice shall you pursue."

* Rashi comments 'Go after a good court."


* Ramban comments 'Justices need to seek   the just answer, so to YOU need to seek proper justice.'

* Rabbi Akiva taught: 'It is doubled, because one should pursue justice, whether one financially profits or loses.'

* Ibn Ezra teaches 'Not just once, but each and every time.'

Yesterday we spoke at length about what 'justice' means to you. Comment below on your definition, AND the Torah and commentaries thoughts, too.

Imagine Yourself in Rubin Carter's Shoes

Our unit about 'self and other' has so far studied the biblical and rabbinic punishments for assault and murder. As I would expect (and maybe hope), so far all the student comments have focused themselves around the possibility of being the victim of a crime, but not the person accused of the crime.

Carter's story became famous, first due to a song by Bob Dylan (below), and later, a movie starring Denzel Washington. The song tells the story pretty well, too.

Read the obituary from this past weekend of Rubin 'Hurricane' Carter, and think about A) how the criminal justice system treated him, B) how YOU would want the justice to treat you if you had been accused of a crime (regardless of your guilty or innocence), and C) Why perhaps the literal interpretation 'an eye for an eye' might be problematic in Rubin Carter's case.

Reflect in the comments below.

 

The Only Constant… Is Change

Talmud Bava Kamma 83b

הי מכה?

אילימא (ויקרא כד) "מכה בהמה ישלמנה ומכה אדם יומת".

 ההוא בקטלא כתיב! 

אלא מהכא (ויקרא כד) "מכה נפש בהמה ישלמנה נפש תחת נפש." וסמיך ליה (ויקרא כד) "ואיש כי יתן מום בעמיתו כאשר עשה כן יעשה לו" . 

האי לאו מכה הוא? 

הכאה הכאה קאמרינן. 

מה הכאה האמורה בבהמה לתשלומין אף הכאה האמורה באדם לתשלומין .

Which 'Makkah'?

Perhaps we're talking about "one who strikes an animal (and kills it) shall pay, and one who strikes a man (and kills him) shall be put to death."

But (in this Makkah) he gets killed!

Rather, it is from this one; "One who strikes the life of an animal (and it dies) shall pay, a life for a life." And we combine it with "and a man, when he gives a wound to his fellow, as he did, so shall be done to him."

But this verse doesn't have the phrase 'Makkah'? 

Hakkah is implied in second text by the hakkah in the first text.

(Also) Just as 'hakkah' is said to be for animals a payment, so too 'hakkah' is said for a person as payment.

The Talmud seems to take great efforts to overturn the Torah's stated law that one literally should be punished as they have injured- an eye for an eye.

Laws in society change constantly. Think of (or look up) an American law that has been changed or eliminated altogether. Describe it in your post here- or better yet, use this as an opportunity to find one of your required articles!

Mishnah Bava Kamma 8:1, Pt. II

בבא קמא ח:א

(3) רִפּוּי, הִכָּהוּ חַיָּב לְרַפְּאוֹתוֹ. עָלוּ בוֹ צְמָחִים, אִם מֵחֲמַת הַמַּכָּה חַיָּב. שֶׁלֹּא מֵחֲמַת הַמַּכָּה, פָּטוּר. חָיְתָה וְנִסְתָּרָה, חָיְתָה וְנִסְתָּרָה, חַיָּב לְרַפְּאֹתוֹ. חָיְתָה כָּל צָרְכָּהּ אֵינוֹ חַיָּב לְרַפְּאוֹתוֹ.(4) שֶׁבֶת, רוֹאִין אוֹתוֹ כְּאִלוּ הוּא שׁוֹמֵר קִשּׁוּאִין, שֶׁכְּבָר נָתַן לוֹ דְּמֵי יָדוֹ וּדְמֵי רַגְלוֹ. (5) בֹּשֶׁת, הַכֹּל לְפִי הַמְבַיֵּשׁ וְהַמִּתְבַּיֵּשׁ. הַמְּבַיֵּשׁ אֶת הֶעָרוֹם, הַמְּבַיֵּשׁ אֶת הַסּוּמָא, וְהַמְּבַיֵּשׁ אֶת הַיָּשֵׁן, חַיָּב.

(3)

Healthcare? When he strikes him, he is liable for his healthcare costs. If swellings grew on him, if it was because of the strike, then he is liable; but if it was not because of the strike, he is exempt. The swelling emerges and then is hidden, emerges and then is hidden: he is liable for his healthcare. (4) Unemployment? We see him as if he were a cucumber watcher, since he already give him the value of his hand or his leg. (5) Shame? All depends on the one who shames and the one who is shamed. One who 

.shames a naked person, a blind person or a sleeping person is liable

.Read the text above and comment or add your questions or thoughts

GM, Boston Bombing, 9/11; They all need a way to compensate victims

Kenneth Feinberg, who was mentioned in class, was recently appointed to decide how to compensate for victims of car accidents caused by a defect in GM cars.

Feinberg is famous for his involvement in these kinds of cases; read more here.

After you read, comment below on how Feinberg does what he does, and how it is similar or different to our Talmud.

Eye for an Eye Part II: Mishnah Bava Kamma

משנה בבא קמא 8:1

הַחוֹבֵל בַּחֲבֵירוֹ חַיָּב עָלָיו מִשּׁוּם חֲמִשָּׁה דְבָרִים, בְּנֶזֶק, בְּצַעַר, בְּרִפּוּי, בְּשֶׁבֶת, וּבְבוֹשֶׁת. בְּנֶזֶק כֵּיצַד. סִמָּא אֶת עֵינוֹ, קָטַע אֶת יָדוֹ, שִׁבֵּר אֶת רַגְלוֹ, רוֹאִין אוֹתוֹ כְּאִלּוּ הוּא עֶבֶד נִמְכַּר בַּשּׁוּק וְשָׁמִין כַּמָּה הָיָה יָפֶה וְכַמָּה הוּא יָפֶה. צַעַר, כְּוָאוֹ בַּשְּׁפוּד אוֹ בַמַּסְמֵר. וַאֲפִילוּ עַל צִפָּרְנוֹ. מָקוֹם שֶׁאֵינוֹ עוֹשֶׂה חַבּוּרָה, אוֹמְדִין כַּמָּה אָדָם כַּיּוֹצֵא בָזֶה רוֹצֶה לִטֹּל לִהְיוֹת מִצְטַעֵר כַּךְ

MISHNAH. One who injures a fellow man becomes liable to him for five

items: 1) for depreciation, 2) for pain, 3) for healing, 4) for loss of time and 5) for

shame/degradation. 

How is it with (1) Depreciation?  If he put out his eye, cut off his arm or broke his leg, the injured person is considered as if he were a slave being sold

 in the marketplace, and a valuation is made as to how

much he was worth (previously). And how much he is worth (now).

(2) Pain —If he burnt him either with a skewer or with a nail, even though it is on a place where no bruise could be made, it has to be calculated how much a man of equal standing would require to be paid to undergo such pain. 

What questions, comments, or problems do you see with the Talmud here?

An Eye for an Eye: Exodus 21

שמות כא:כד-כה 

 עַיִן תַּחַת עַיִן שֵׁן תַּחַת שֵׁן יָד תַּחַת יָד רֶגֶל תַּחַת רָגֶל: כְּוִיָּה תַּחַת כְּוִיָּה פֶּצַע תַּחַת פָּצַע חַבּוּרָה תַּחַת חַבּוּרָה:

Exodus 21:24-25

24. Eye for eye, tooth for tooth, hand for hand, foot for foot,

25. Burning for burning, wound for wound, bruise for bruise.

This is your first opportunity to share your thoughts and questions on the meaning of this verse. 

What do you think this means? What do you think this meant in biblical times to Jews? How would this law and consequence have been carried out? If you have other questions or thoughts, or want to respond to your classmates here, please feel free.