Guerre and Shalom

Guerre and Shalom

The Rabbinical "judicial coup"

An alternative commentary on Mishpatim [Exodus 21:1-24:18]

Daniel Clarke-Serret's avatar
Daniel Clarke-Serret
Feb 09, 2024
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“If there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.” (Exodus 21:23-25)

Who rules?

The legislature or the judiciary?

The written rules of the Torah or the judicial interpretation of the rabbinical “halachic” system of Jewish law?

Topical then, topical now.

In this week’s parashah (section) of the Torah, the civil and criminal laws of the Torah are set out clause after clause. Religious Jews follow this to the letter today. Or do they? Even a cursory reading of the text will make plain that the laws of Torah set down here - although formally relied upon in the oral tradition - bare little resemblance to the laws as in fact followed in even the strictest religious communities.

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