Showing posts with label Halachah. Show all posts
Showing posts with label Halachah. Show all posts

Conversion in Early Judaism

Aug 12, 2010 at 11:36 PM


There is a common misconception, particularly within the Messianic Jewish blogosphere, that conversion to Judaism is a post-biblical, and rather late "rabbinic invention."


However, very few people have really taken the time to trace the development of conversion (גיור, giyur), and particularly its widespread existence already by the time of the Second Temple period (i.e. before the development of what we commonly understand as 'Rabbinic Judaism').


This blog post is an expansion of my comment to a particular discussion on Rabbi Derek Leman's blog, Messianic Jewish Musings.


The Torah


It is true that the Torah and the earliest portions of the Tanakh do not mention conversion clearly. With that said, the question of how to include non-Jews into the community of Israel has always been an issue.


In the Torah, there is recognition of non-Jews participating within the community life of Israel. Additionally, the Torah even recognizes various types of "sojourners" (gerim), and specifies certain requirements for levels of participation for each of these different types of non-Jews. So although non-Jews were included in many respects, there were also noted differences.


For example, non-Jews may not have been allowed to offer certain sacrifices on the altar in the Mishkan. Another example is the laws of Kashrut. According to Deuteronomy 14:21:

"You shall not eat anything that dies naturally, you may give it to the ger who is within your gates, that he may eat of it ... "


We have always valued the participation of non-Jews. This has been true even to the point that there has also been an evolving understanding of how to fully include non-Jews, not only has fellow partakers (as gerim), but as full participants in the social and religious life of the Jewish people. As a result, we do get glimpses of the beginnings of some type of conversion in order to bring someone into full inclusion into the community, even in the Torah.


The first glimpse of this is with with gerim and Passover. Gerim were not allowed to participate in the eating of the Passover lamb, unless they underwent circumcision (which in later times, would be one of the prerequisites for conversion). This is an example where a religious practice was forbidden for non-Jews, unless they chose to conform to a specific religious rite:


"And when a ger dwells with you and wants to keep the Passover of the L-rd, let all his males be circumcised, and then let him come near and keep it, and he shall be as native-born (Exodus 12:48)."


In this way, the ger was brought into the peoplehood. Through circumcision one became "as native-born." Although not a fully developed idea of conversion, there was indeed a process for inclusion even if not yet fully developed. Another example that may be relevant to a process of conversion involves non-Jewish women captured in war who could be adopted forcibly as wives (see Deut. 21:10-14).


Tanakh


By the last centuries BCE, there was certainly some sort of recognized conversion process in place. This is supported most clearly in Esther 8:17:


"And in every province and city, wherever the king's command and decree came, the Jews had joy and gladness, a feast and a holiday. Then many of the people of the land became Jews (מתיהדים), because fear of the Jews fell upon them."

The ter m מתיהדים means “to become Jewish/to make oneself Jewish.” The Septuagint (c. 2nd cent. BCE) interprets מתיהדים as "circumcised themselves." The Jewish historian Josephus (c. 1st cent. CE) recounts that "Many of other nations circumcised themselves for fear of the Jews" (Antiquities 11.6.13).

In both rabbinic and scholarly understanding of this period, circumcision is clearly a reference to some type of conversion.

The first century Jewish philosopher, Philo of Alexandria, also discusses proselytes in his work, Special Laws I. In speaking of proselytes, Philo enjoins his own people to treat them respectfully and to guard themselves from jealousy:

"After they have given the proselytes an equal share in their laws, and privileges, and immunities, on their forsaking the pride of their fathers and forefathers, they must not give a license to their jealous language and unbridled tongues ... lest the proselytes should be exasperated at such treatment and in return utter impious language against the true and holy G-d" (IX, 51-53).

Thus, it seems clear that conversion is not a “later rabbinic invention,” as we already see traces of it in the Hebrew Scriptures and contemporaneous sources. Additionally, there are even references to proselytes in some of the Apocryphal and pseudopygraphic literature of the Second Temple period.

But what about the B'rit Chadasha? What do the Apostolic Writings have to say about conversion to Judaism?

The New Testament

According to Strongs Concordance, the term proselyte(s) is mentioned FOUR TIMES in the New Testament alone.

Here are just two examples:

-"And there were dwelling in Jerusalem Jews, devout men, from every nation under heaven … both Jews (by birth) and proselytes” (Acts 2:5,10).

-"Now when the congregation had broken up, many of the Jews and devout proselytes followed Paul and Barnabas, who, speaking to them, persuaded them to continue in the grace of G-d” (Acts 13:43).

There is an additional reference in Acts 6:5 to Nicolas from Antioch, "a proselyte to Judaism," who was among a handful of others chosen by the Jerusalem Council to serve among the Greek speaking Jews.

By the Second Temple period, the concept of proselytes to Judaism was already well-established. These references demonstrate that there was a category beyond that of Godfearers, who were full converts – Jews in every sense of the word.

And the Apostle Luke does not make any judgement against these “Jews by choice.” Rather, he places them in high regard by not only mentioning them, but mentioning them in three places within the book of Acts.

The only seemingly negative use of the term proselyte in the entire NT is Yeshua’s reference to particular Pharisees and scribes who go to great lengths to bring proselytes into the faith, but lead them down the wrong path. In this context, it is not the proselytes who are the problem, but the specific group of scribes and Pharisees he is addressing:

"Woe to you, teachers of religious law and you Pharisees. Hypocrites! For you cross land and sea to make one convert, and then you turn that person into twice the child of hell you yourselves are!” (Mt 23:15)

There is even some interesting scholarship on Acts 16 that supports a theory that Paul had Timothy undergo a type of conversion “because of the Jews who lived in that area, for they all knew that his father was a Greek (16:3).”

Conclusion

So, after a little reflection, it seems that the assumption that conversion to Judaism is a "late rabbinic invention" is indeed false. The beginnings of a process to fully include non-Jews into the Jewish people began very early in Jewish history, maybe as early as the Torah.

However, the solid idea of a recognized conversion was already well established by the time of Yeshua, and the Second Temple period.


A Thought about Halachah

Aug 4, 2010 at 10:17 PM

If Messianic Judaism claims to be a Judaism within the wider Jewish Community, than it behooves us to consider the place of halachah in our midst. Messianic Judaism is more than just a form of “Biblical Judaism.” To make such a claim denies the history of the Jewish people over the last two-thousand years, and the fact that other forms of Judaism are also “Biblical.” Such a perspective also fails to acknowledge the role Rabbinic Judaism has played in determining Jewish life, teaching and practice; as well as the preservation of us as a people throughout recent history.

We should understand halachah for what it is, and what it is not. What has been lost in the strictest forms of Orthodox Judaism in recent years is the fluidity of the halachic structure and the innovation out of which it was birthed. Gordon Tucker, of the Jewish Theological Seminary, helps to point out:

"The body of Jewish law is not uniform in texture, but is rather composed of materials which fall into two main categories, usually referred to as de-oraita (biblically ordained) and de-rabbanan (rabbinically developed). That which is de-oraita can be considered to be the very core of the system, which holds it in place and provides a frame of reference. It therefore must be treated as inviolable. Tampering with that which is de-oraita is tantamount to destroying the core of the Jewish pattern of life as it has existed for millennia…The much greater (that is, in terms of volume) overlay which is de-rabbanan, on the other hand, comes with procedures for change and development. What is de-rabbanan can develop, is in fact meant to develop, as the conditions of the Jewish community change. That is what ensures the vibrancy and the continuity of the halakha as the coordinate system which roots all Jewish communities."

Jewish law was never meant to be static, but rather to be reinterpreted in every generation. Rabbi Wayne Dosick describes halachah as “ever-developing” and “ever-evolving.” Halachah is derived out of evolving case law, which is based on prior precedent. As such, it is developed by wrestling with texts, the practicalities of daily life, and the teachings of previous leaders in order to decide halachic matters. It is a process. A process that is not set in stone, and not without inerrancy. However, while engaging with rabbinic texts and deciding halachah, Professor Tucker guides,

"Development in the domain of de-rabbanan must not be abrupt or discontinuous, [but] must be rooted in traditional exegetical methodologies, and above all, must be ratified by the community of the committed and informed."

This is exactly what the Messianic Jewish Rabbinical Council (MJRC) seeks to do - to wrestle with halachah in a way that is responsible to our history as Jews, to the halachic process, the inspiration of the Ruach, and the additional consideration of the Gospels and the Apostolic Writings. The MJRC is truly on the forefront of Messianic Jews who are re-engaging our texts, traditions, and the application of Torah in our lives today.

This is actually a historical moment! Although there have been significant rabbis who have come to faith in Yeshua over the last two millennia, and remained faithful to halachah and Jewish life, there has not been a body of Messianic Jewish leaders and rabbis engaging our tradition on this level since the earliest centuries. We as Messianic Jewish rabbis have a significant voice to add to the Jewish conversation of the last thirty centuries. As a body of ordained and educated rabbis, we are once again adding a voice for Yeshua within our tradition that has remained largely dormant for over 1,500 years.

Messianic Jews are obligated to engage in knowledgeable discussion with Jewish law. At times we may interpret it differently, especially in light of New Testament understandings. Yet, that does not mean we can just “do as we see fit.” We have a responsibility to ourselves and the larger Jewish world to engage in halachah through a knowledgeable and informed process.


Vows and Oaths

Jul 8, 2010 at 8:57 PM

Parashat Mattot

This week is another double header from the Torah – Mattot and Massei. The first parasha, Mattot, begins by describing vows and oaths sworn to HaShem. Halachah (Jewish law) takes vows and oaths very seriously.

A vow, or a neder, is described by the sages as a pledge to do something. One can either vow to prohibit oneself from something the Torah actually permits, or obligate oneself to perform a commandment that is optional. Either way, a neder is more than just the English equivalent of a “vow.” A neder is so strong, that violation of such a vow can result in a court-imposed penalty of lashes.

The second topic addressed is that of an oath, or a shavua. By means of a shavua, one may either prohibit or require oneself to perform a particular act.

Within a halachic framework, there is a great difference between a neder and a shavua. A neder changes the halachic status of an object, whereas a shavua only places the obligation on the person who made the oath.

So what’s the big deal? The Torah is describing something that heretofore could only be done by G-d: the creation a new halachic status. Through a neder or a shavua a person is now given the ability to place upon themselves or an object a status equivalent to a Torah command.

Judaism teaches that although Torah originates from HaShem, authority is also given to the community and individuals to apply the Torah within our communities and lives. Torah is meant to be wrestled and grappled with. It was never meant to be static. We are partners with G-d in not only preparing the world for the coming of Mashiach, but also in the application and revelation of Torah in the world around us.

In his classic work, Love and the Messianic Age, the great Jewish believer Paul Philip Levertoff writes:

Man has been created by G-d in order that he may finish what G-d has deliberately left unfinished. Not that G-d needs the help of His creatures, but it is His love which causes Him to impart His own Nature to the work of His hands, in order that man should have the privilege and joy of becoming His fellow-worker in this world, in natural as well as spiritual life.

In Parashat Mattot the ability to create a new halachic status (to the equivalent of a Torah command) was extended to individuals (in limited circumstances – like a neder or shavua). Previously the Torah gave authority to decide matters of halachah to the leadership of Israel. Yeshua, in turn, transmitted the ability to render halachic matters to his talmidim (his followers).

I will give you the keys to the Kingdom of Heaven. Whatever you prohibit on earth will be prohibited in heaven, and whatever you permit on earth will be permitted in heaven. (Matthew 16:19, 18:18)

Our authority in Messiah is not only in spiritual matters, but matters of the interpretation and application of Torah as well. Whether we actually take on a neder or a shavua, a lighter commitment to G-d, or any other application of Torah within our lives; we must not do so lightly. It is a living Torah – meant to be applied and re-applied in every generation. As Levertoff wrote, there are aspects that G-d “has deliberately left unfinished.” G-d needs you and me to finish the task, to wrestle with Torah for ourselves and our communities, maintain our commitments, and prepare the world for the coming of Mashiach.


The 17th of Tammuz

Jun 29, 2010 at 10:44 AM


Today is the 17th of Tammuz, a "minor fast day" within the Jewish community.

It marks the first breech of the walls of Jerusalem by the Romans in 70 CE, leading to the violent siege of the city, and its eventual destruction. Today also begins the three week period leading up to Tisha B'Av, the day both Temples were destroyed along with many other tragic events within Jewish history.

The 17th of Tammuz is commemorated with a half-day fast (from sun-up to sundown). However, there are no other prohibitions.

The next "Three Weeks" are a period of mourning. Many observant Jews will refrain from participating in celebrations, especially weddings. And there are many Jews who will also refrain from shaving, cutting their hair, and will observe other mourning customs.

An interesting note regarding the Minor Fast Days is that there is some debate within halakhah as to the observance of these days. An equal argument can be made both for and against fasting on this day (17th of Tammuz). Interestingly, according to many halachic authorities, either choice is actually following "the letter of the law" since there are differing opinions.

The central issue is whether or not we are living in a time where "there is no persecution but not yet peace." This discussion is exemplified from the following Talmudic text:

"Rav Papa replied: What it means is this: When there is peace they [the minor fast days] shall be for joy and gladness; if there is persecution, they shall be fast days; if there is no persecution but not yet peace, then those who desire may fast and those who desire need not fast." (b. Rosh HaShanah 18b)

By "persecution (sh'mad)" the Sages understand this to mean "universal persecution of the Jewish people." And "not yet peace" refers to the ultimate peace that will come in the Messianic Age. So, many authorities believe we are currently in this in-between stage - there is not universal persecution of the Jewish people and not yet complete peace on earth. As such, Rav Papa's position seems to be a valid possibility. As such, halachic figures, like Rabbi David Golinkin and others, have ruled that minor fast days (like today) may be rendered optional.

However, all authorities are in agreement that this machlochet (halachic disagreement) does NOT extend to major fast days, like Tisha B'Av or Yom Kippur. These major fast days are still obligated upon all Jews, unless they are exempt for medical reasons (and as always, minor children are always exempt).

Whether one chooses to fast today or not, what is important is to keep in mind the tragic history of our people. Although there has been an increase in anti-Semitism in recent years, we are still not "universally persecuted." Many of us live in complete freedom without having to worry on a daily basis about pogroms, being lynched, or barred from a local country club. But we are also not yet living in complete peace.

As such, on days like today, we must still identify with the sufferings of our past, while at the same time long for the days of Mashiach.

May that day come speedily and soon!


Yeshua, Halachah, and the Sermon on the Mount

Jun 23, 2010 at 10:25 AM

This is a continuation of my previous thoughts on Jewish law and the Halachic process.

As followers of a Jewish Messiah, we are obligated to engage in knowledgeable discussion with Jewish law. At times we may interpret it differently, especially in light of New Testament understandings. Yet, that does not mean we can just “do as we see fit.” We have a responsibility to ourselves and the larger Jewish world to engage in halachah through a knowledgeable and informed process.

As a part of this process it is paramount that we also recognize and incorporate the role of the Brit Chadasha (New Testament).

Mashiach as the Embodiment of Israel

Jewish tradition teaches that Mashiach must be the quintessential Jew. An embodiment of the experience, sufferings, and joys of the entire Jewish people. A number of scholars have recognized that within Yeshua, as the Mashiach, is the embodiment of all Israel. Rabbi Dr. Mark Kinzer often refers to Yeshua as "One Man Israel," as he is the perfect embodiment of Israel, and as such, Yeshua's life parallels Israel's experience.

The Sermon on the Mount as a Reflection of Sinai

Within this embodied pattern as mentioned above is a parallel (of what is often called) the "Sermon on the Mount" with the experience of Sinai. Since Yeshua embodies the existence of Israel, the Sermon on the Mount serves as almost a renewal, or sort of "re-giving," of the Torah on Mt. Sinai. As such, there is clear halachic imagery embedded within.

Halachic Formulas in the Sermon on the Mount

Judaism teaches that when the Mashiach comes, one of his roles will be to clarify ambiguities within halachic matters. Interestingly, this is exactly what Yeshua does within the Sermon on the Mount. Through halachic formulas known from the Second Temple period, Yeshua sets out to clarify and set straight popular misconceptions of specific mitzvot.

Before dealing with each specific mitzvah, Yeshua usually begins with the phrase “You have heard that our fathers were told…” This is actually a halachic formula known from the Second Temple period. It was a way that a Sage would state a particular halachic understanding, and then clarify its "proper" interpretation.

This phrase is actually paralelled in a halachic text discovered among the Dead Sea Scrolls. Known as 4QMMT – "Miksat Ma’aseh Torah" (Some rulings pertaining to the Torah), the text introduces disagreements between the Qumran community and their opponents (namely the Sadducees) with a phrase: “You say … but we think/say.”

In the Sermon on the Mount, Yeshua was using a halachic formula known at the time to clarify and give proper understanding to certain interpretations of Torah commands.

Weightier Matters of Torah

There are also ethical matters to be explored within the halachic process. In Matthew 23:23, Yeshua addresses a specific group of Pharisees, and reprimands them for violating these ethical considerations:

You pay your tithes of mint, dill, and cumin; but you have neglected the weightier matters of the Torah - justice, mercy, and trust. These are the things you should have attended to - without neglecting the others! Blind guides! - straining out a gnat, meanwhile swallowing a camel.

Interestingly, Yeshua does not criticize them for adherence to halachic minutae, but for their hypocricy. For in their striving to be oh-so-extra-pious, they missed the mark. These additional tithes of "mint, dill, and cumin” are actually not even required by mitzvah de-oraisa (commanded in the Torah), but rather are supplimental/additional tithes known from the Talmud. Yeshua does not negate this understanding. His reprimand was an issue of weightier matters within Torah. Yeshua was setting up ethical considerations within the halachic process.

Conclusion

If our understanding of, or adherence to, a particular mitzvah violates one of these "weightier matters" of justice, mercy, and trust; then there is a problem and we must defer to the weightier matters. In Yeshua's understanding of Halacha, we must always put people first …"without neglecting the others [commands]!”

As we continue to grapple with halachah, we must take into consideration our Mashiach's teachings. As we develop interpretations of halachah that are guided by tradition, infused with Mashiach, and inspired by the Ruach; let us not forget that there are also "weightier matters" that must be considered.


A Rabbinical ... What?

May 27, 2010 at 1:39 PM

Earlier this week I had the privilege of attending the annual meetings for the Messianic Jewish Rabbinical Council (MJRC), held this year in Hartford, CT.

The MJRC consists of a group of ordained Rabbis and associates who endeavor to promote a life of covenant faithfulness to G-d among Jewish followers of Messiah Yeshua by providing realistic and practical guidelines for Messianic Jewish observance. Although this was my first year attending, I was honored to be voted-in as an Associate Member (next year I should be able to become a Full Member).

Our core mission is to define, clarify, and foster normative standards of faith and halachic practice for our membership and for those in the Messianic Jewish community who look to the MJRC for leadership.

The MJRC also exists to serve the professional and personal needs of our membership by ensuring high standards of professional competence, ethical behavior, and halachic conduct; and by facilitating the professional placement of members into the growing number of congregations seeking new leaders.

Why a Messianic Jewish Rabbinical Council?

There are some out there who feel we do not need such a council. So why bother?

We bother because Messianic Judaism is a growing movement in the world. As we slowly mature, we find ourselves facing a number of different needs and decisions. And like any other movement within Judaism, questions constantly arise in relation to Jewish practice, theology, and practical matters. As such, our growing Movement needs a Rabbinical Council to help develop standards for our wider community.

What we are NOT doing is telling people what to do. While the MJRC commends these standards for the consideration of the entire Messianic Jewish movement, it recognizes the limits of its own authority. The decisions of the MJRC are binding only on the members of the MJRC. Nevertheless, we hope that others in the Messianic Jewish world will benefit from the work being done.

And that is actually what is happening!

Many congregations now consult these standards as they develop their own practice, and many individuals from around the world seek the advice of the MJRC as they wrestle with their own personal observance. The MJRC website receives numerous hits a day, and the standards of observance currently posted on the website are only the beginning of continued work that is happening on matters of practice and halachah relevant to a Yeshua centered Jewish life.

The MJRC currently does not seek to necessarily establish "halachah" in its strictest sense, but rather proposes basic standards of observance. The currently established standards cover two different categories - a "basic practice" and an "expanded practice"

"Basic practice" refers to standards of observance that members of the MJRC are themselves committed to follow in their own lives. They will also seek to order communal events of their congregations in accordance with these standards, and will employ them in instructing those preparing for conversion. While members of the MJRC commend these standards of basic practice to all members of their congregations, they are not imposed as requirements for congregational membership.

The second term is "expanded practice." This refers to a more demanding level of observance, beyond basic practice, that includes a fuller expression of traditional forms of Jewish life. An expanded practice is one that is explicitly commended by the MJRC, but is not required of its Rabbis or those converted under their auspices. The practices so listed do not exhaust the range of worthy expressions of Torah observance that a Messianic Jew might adopt, but provide concrete examples of the shape such observance could take.

It is an honor to now be a part of the Messianic Jewish Rabbinical Council and serve with such a broad range of worthy colleagues as we seek to bring further maturity to the future of our Movement. With HaShem's help, the inspiration of the Ruach, and clear commitment to our Messiah, we hope to continue to serve our Movement in this important way.


A Talmudic Highlight

Dec 20, 2009 at 11:28 AM

Scroll of tractate Hullin, Babylonian Talmud (CUL T–S MISC. 26.53.17), acknowledgment to Dr. S.C. Reif, Director of the Taylor-Schechter Genizah Research Unit at the Cambridge University Library, and the Syndics of the Library.


Did you know the Talmud was once studied in scroll form?

This morning I ran across an interesting article on Tzvee's Talmudic Blog titled, 'Was the Hullin Scroll the Oldest Talmudic Manuscript ever Recovered?' For those of us familiar with a page of Talmud, and who may have also sat for hours in a yeshiva learning, discussing, and arguing over a daf (a page of Talmud), it seems hard to imagine that the Talmud was not always in a book form.

The manuscript (pictured above) is of a section of the Talmud called Hullin, and is the oldest manuscript of the Talmud ever recovered. Touching on the evolution of the Talmud, the author quotes Professor Shamma Friedman of JTS, in noting:
"For an ensuing period of more than half a millennium the 'book' of the Talmud, in the form of manuscript codices, held sway in Jewish intellectual life. These codices usually contained the Talmud text only. The text remained a living and changing entity, in the sense that the margins provided space for textual notes (beyond what may have been possible on scrolls), which were often incorporated in the next copy. Related literature, such as Rashi’s commentary and Tosafot, so central to the printed Talmud as we know it, were essentially available in separate codices only."
It is interesting to think about how the Talmud has evolved over 1,500 years. What makes the Talmud so fascinating (and difficult) is its complexity. It is in all reality an archaic conversation. I use the word 'archaic' not in a sense of 'useless,' or 'done away with,' but simply in a sense of its age. And because it does not flow like a typical book, it takes mastery of the text to follow and track all its allusions, quotes, and citations - as well as its language. Another aspect of the Talmud many western thinkers find frustrating is that many of the arguments discussed often do not have a conclusion. That is hard for those of us from western countries who have been encultured to expect a neat and organized conclusion.

The Talmud is really just volumes of case law, setting prior precedents for understanding, interpreting, and establishing halachah. Attorneys, and those familiar with legal codes really get this. One of the major aspects that separates Judaism from other faith traditions like Protestant Christianity is this notion of halachah (of Jewish law). Jewish life and practice is established on prior communal precedent. One cannot just do what one sees fit. There are accepted previous understandings and interpretations that determine Jewish life and observance. And proper innovation and creativity should be established based on communal understanding of these prior precedents.

In a previous post I wrote on halachah, I noted that Jewish law was never meant to be static, but rather to be reinterpreted in every generation. Rabbi Wayne Dosick describes halachah as “ever-developing” and “ever-evolving.” Because halachah is derived out of evolving case law, it is developed by wrestling with texts, the practicalities of daily life, and the teachings of previous leaders in order to decide halachic matters. It is a process. A process that is not set in stone, and not without inerrancy. However, while engaging with rabbinic texts and deciding halachah, Professor Gordon Tucker guides,

"Development in the domain of de-rabbanan must not be abrupt or discontinuous, [but] must be rooted in traditional exegetical methodologies, and above all, must be ratified by the community of the committed and informed."

We as Messianic Jews are obligated to engage in knowledgeable discussion with Jewish law. At times we may interpret it differently, especially in light of New Testament understandings (stay tuned!). Yet, that does not mean we can just “do as we see fit.” We have a responsibility to ourselves and the larger Jewish world to engage in halachah through a knowledgeable and informed process.

And what is the subject matter of the above Hullin manuscript? The author closes his article by noting, "for those who are curious, this text's subject matters are the prohibitions of eating: the sinew of the hip of an animal; a limb from a living animal; milk together with meat."


Yeshiva Hero or Moral Zero?

Jul 13, 2009 at 2:30 PM


An article in the Jerusalem Post today reports that Israel's Supreme Court has harshly criticized Jerusalem District Court Judge Moshe Drori for his acquittal of a yeshiva bochur who intentionally ran over an Ethiopian-Israeli parking attendant.

In January 2006, Noga Zoarish was working as a cashier in a parking lot in Jerusalem. The haredi driver, who aspires to become a rabbinical judge attempted to leave the parking lot without paying. Zoarish blocked the car's exit with her body. But the driver proceeded, intentionally hitting the woman and lifting her onto the hood of the car and carrying her 15 meters before knocking her to the ground. Zoarish lost consciousness from the impact and sustained head injuries.

The driver attempted to deny the incident until he was confronted with video from a security camera installed at the scene of the hit and run. Additionally, the driver was driving with a revoked license and had a previous conviction for theft.

What makes this incident even more frustrating is the cover-up within the haredi world. The yeshiva bochur brought to the court recommendations from Chief Sephardi Rabbi Shlomo Amar and Shas spiritual mentor Rabbi Ovadia Yosef, asking Drori to be lenient, claiming that an excessively stringent ruling that constituted moral turpitude would block him from being appointed as a judge in the rabbinical courts, which is a public office.

In my humble opinion ... this yeshiva bochur should be barred from being a dayan (a judge on a rabbinical court - a Beis Din). A dayan must not only be able to interpret halachah, but be able to apply it to real people and real situations. People are the real issue - as we are all created b'tzelem Elokim (in the image of G-d), and apparently "people" are something this bochur has missed. You CANNOT intentionally run someone over and then expect to sit on a Beis Din!

A dayan must indeed be an upstanding mensch with moral turpitude. Is this really the rabbinic judge you want to decide your case? Based on the driver's previous conviction of theft, his driving without a license, a hit-and-run, and initial denial, it seems moral turpitude is something this guy lacks. He should certainly have his rabbinical aspirations squelched. This is a major Chillul HaShem (a desecration of G-d's Name).

People come first. This is the ethic of Yeshua, and the basic understanding of all halachah.