A Compilation of Student Essays on Jewish Perspectives on Prison Reform & a Collection of Tzedek U'mishpat Sources from Ou

ןוֹיְעַרָה Ha’Raayon

A Compilation of Student Essays on Jewish Perspectives on Prison Reform & A Collection of Tzedek U’Mishpat Sources from our Beit Midrash

Volume 1 Issue 2

Part One Student Essays on Prison Reform

The 1st half of Ha’Raayon includes persuasive essays written by our 9th grade students on the topic of Jewish perspectives on prison reform. Each student was asked to research the American prison system, identify three problematic areas within our current system, suggest pragmatic reforms as well as how those reforms connect to Jewish texts that we studied. Their essays can be found on the following numbered pages:

Zac Askinazi 4

Ezra Glasman 6

Sarah Gorbatov 9

Yosi Groman 13

Leora Gutmacher 15

Emma Hasson 16

Isaac Levin 18

Jacob Louk 20

Jonah Lumerman 22

Leah Masri 25

Elie Rawson 28

Gabe Schein 30

Felicia Stendig 32

Part Two A Collection of Tzedek u’Mishpat Sources

Our learning in the Beit Midrash this year began with a study of the Book of Bemidbar through the lens of habits of early civilizations. We discovered that many of the habits displayed by early civilizations could be found as well within the Jewish people’s experience in the desert. Our current study of Talmudic and Halachic sources has sought to probe the development of civilizations further. As a citizen, what are the means by which we make our moral decisions? And, how can ancient Jewish texts continue to inform modern conversations about ethical decision making?

Throughout our time in the Beit Midrash, the students have studied B’Chavruta (in learning pairs) many significant Talmudic and Halachic text, wondered about their implications and debated some of the most important ethical questions we face today as a society. Included in this reader are some of the sources we used in our Beit Midrash.

Our first unit of study focused on ethical questions related to life/death values and self defense. We discussed: 1. Ba Ba’Machteret: Standing your Ground in Halacha 2. The Case of Sheva ben Bichri and 9/11 3. Changing the Direction of Approaching Danger 4. Do All Lives Equally Matter? 5. What would Waymo do? A Tzedek U’Mishpat Guide to Driverless Cars 6. Law of Necessity 7. Setting a Trap to Injure an Intruder

Our next unit of study incorporated some of those texts and introduced some new ones as we discussed Jewish medical ethics. Our discussions included: 8. Balancing my Risk and my Responsibility

9. End of Life Ethics

We then turned our attention to the study of Jewish business ethics and explored the following sources: 10.Introduction to Jewish Business Ethics 11.Fair Competition in Halacha

We concluded our study with a variety of topics related to the Jewish concept of justice. Our study included the following: 12.Reporting a Jew to non-Jewish Authorities 13.Applying Ethics to other Religions 14.Lifnim Mi’Shurat Ha’Din: Beyond the Letter of the Law 15.Communal Responses to a Criminal 16.Prison and Criminal Reform

We hope you enjoy this 2nd edition of The Idea School’s Ha’Raayon!

Mrs. Tikvah Wiener Head of School

Rabbi Tavi Koslowe Judaic Studies Principal

Rabbi Zachary Rothblatt Judaic Studies Faculty

Zac Askinazi

Former House Speaker John A. Boehner once said “When you look at the number of people in our state and federal penitentiaries, who are there for possession of small amounts of cannabis, you begin to really scratch your head. We have literally filled up our jails with people who are nonviolent and frankly do not belong there.” Our prisons are filled with non-violent and often mentally ill offenders who don’t deserve long and difficult prison sentences. Prison reform should be a priority in our society. One big problem with prisons and jails are that they are the wrong place for the mentally ill. A 2004-2005 survey found that there were “more than 3 times more seriously mentally ill persons in jails and prisons than in hospitals”.It is estimated that at least 350,000 inmates currently in jails and prisons nationwide suffer from mental illness, that's about 20% of jail inmates and 15% of prison inmates. If individuals do come to the attention of law enforcement, communities should create options to divert them to treatment and services—before arrest, after arrest and at all points in the justice system. When individuals are in jail, they should have access to needed medication and support. Helping people get out of jail and into treatment is a top priority for us. NAMI (National Alliance on Mental Illness) believes that everyone should have access to a full array of mental health services and supports in their communities to help prevent interactions with police. These supports should include treatment for drug and alcohol use conditions, and supports like housing, education, supported employment and peer and family support. Mentally ill people who are up for release from prison should be signed up for health coverage if possible and should get help planning their release to ensure they get back on track. Prisons are also overflowing with people arrested for minor marijuana charges and other non-violent offenses. In 2010, there was a pot bust every 37 seconds. A spokesperson for Speaker Boehner described his views, saying, "The speaker is not attempting to make the claim that incarcerations for marijuana possession are the primary reason America’s prisons are overcrowded. He is arguing that our prisons are

overcrowded, and that reducing the number of people who are incarcerated for something that many Americans today no longer even believe should be illegal is a logical place to look when we’re looking for ways to stop 'filling up our jails.” Legalizing marijuana could reduce overcrowding, as could good-behavior incentives for prisoners that could lead to early release and parole. There are prison reform efforts happening around the country to try and reduce prison population. In Texas, they put hundreds of millions of dollars toward helping prisoners with substance abuse disorders and mental illnesses through in-prison and separate treatment options. In 2014, Mississippi passed reform that would reduce incarceration for low-level offenses by implementing alternatives to prison. Washington found that cognitive-behavioral programs in prisons can reduce the number of ex-prisoners returning to prison by an average of 6.3 percent. If prisons and jails are to be humane then they must be safe. Some prisons report over 20% of prisoners still use drugs in prison . Top cause of death in local prisons is suicide. One study found that prison environments that had poor conditions (e.g., clutter, noise, and lack of privacy) were related to greater rates of violence and assaults. While the Bierie (2012) study was done in the U.S., This finding is consistent with the work of international scholars. One suggestion to try and address this would be to lessen noise, clutter and lack of privacy to reduce anger and violence among prisoners. These ideas for prison reform have connections to Jewish sources that we studied as well. One Jewish source supporting the need for better conditions in our prisons is the Turei Zahav on Shulchan Arukh , 334:1. “I am shocked at these words (of the Rama)! How can we focus on the prohibition that this person did if, by doing so, will bring that person to further their evil ways Chas V’Shalom.” A source that connects to the idea for humane prison conditions is Leviticus 25:39-43. (39)“If your kinsman under you continues in his straits and must give himself over to you, do not subject him to the treatment of a slave.”....(43)”You shall not rule over him ruthlessly; you shall fear your god.”

A source that supports the need for safe conditions is Numbers 35:11-15. (11)”you shall provide yourselves with places to serve you as cities of refuge to which a manslayer who has killed a person unintentionally may flee.” (12) “The cities shall serve you as a refuge to which a manslayer may not die unless he has stood trial before the assembly. (13)”The towns that you thus assign shall be six cities of refuge in all. This source also shows that the Torah protects people who have committed less serious offenses from harsh punishments. Someone who unintentionally kills someone else does not deserve the same punishment as someone who commits premeditated murder. Similarly, non-violent offenders should not be stuck in the prison system for long and difficult sentences. Clearly, there are a number of things that need to be fixed in our prison system. There are too many mentally ill people in the system who do not belong there, and many others who are there too long for non-violent offenses such as marijuana dealing and possession. There is an immediate need for a solution to our problems with prisons, with strong support for it coming from many Jewish sources. As Jews, shouldn’t it be our duty to help out when we see a problem? To quote Pirkei Avot, if not now, when?

Ezra Glasman

Problems with the Prison System The current prison system in the US is undergoing reforms but is still a huge system with many complexities. Some of these were raised in the Torah and are still applicable today. Examples of these issues are solitary confinement, the length of sentences, and violence against inmates. According to an ACLU Briefing Document on solitary confinement published in 2014, the use of solitary confinement in American prisons is increasing, including the use of “supermax” prisons, where all prisoners are held in isolation: “Although supermax prisons were rare in the United States before the 1990s, today forty- four states and the federal government have supermax units or facilities, housing at least 25,000 people

nationwide.”1 Overall, in 2011 according the Bureau of Justice Statistics more than 80,000 prisoners were held in some form of isolation. The effects on prisoners of solitary confinement have been found to be extremely harmful, including by the Supreme Court.2 A 2009 New Yorker article on the effects of solitary confinement describes it outright as “torture.”3 However, the Gemara recommends the use of solitary confinement. Sanhedrin 81b:11 addresses the use of the “chippah,” or dome, into which the Sanhedrin will place repeat offenders and murderers according to the Mishnah Sanhedrin. The dome is described as a tiny enclosure and, ultimately, a “harsh form of death.” Interestingly, the rabbis seemed to understand how awful this form of punishment could be, and also to recommend its use in certain cases. Another problem in our prison system is the wide and seemingly arbitrary variation in the length of sentences. Mandatory sentences vary from state to state, and there can be wide variation between minimum and maximum sentences for the same crime.4 The bipartisan First Step Act enacted by Congress in 2018 was intended to address these disparities, including changes to federal sentencing laws: “One would shorten mandatory minimum sentences for some nonviolent drug offenses, including lowering the mandatory ‘three strikes’ penalty from life in prison to 25 years...the bill would [also] allow offenders sentenced before a 2010 reduction in the sentencing disparity between crack and powder cocaine to petition for their cases to be re-evaluated. The provision could alter the sentences of several thousand drug offenders serving lengthy sentences...”5 The arbitrary difference in length of sentences for similar crimes is a

1 The Dangerous Overuse of Solitary Confinement in the United States.” American Civil Liberties Union, Aclu, Aug. 2014, 2 www.aclu.org/report/dangerous-overuse-solitary-confinement-united-states.

3 Gawande, Atul. “Is Long-Term Solitary Confinement Torture?” The New Yorker, The New Yorker, 17Nov. 2018, www.newyorker.com/magazine/2009/03/30/hellhole. 4 Reinhart, Christopher. “CRIMES WITH MANDATORY MINIMUM PRISON SENTENCES—UPDATED AND REVISED.” Summary of Federal "USA PATRIOT Act", 2008, www.cga.ct.gov/2008/rpt/2008-R- 0619.htm. 5 Fandos, Nicholas. “Senate Passes Bipartisan Criminal Justice Bill.” The New York Times, The New York Times, 19 Dec. 2018, www.nytimes.com/2018/12/18/us/politics/senate-criminal-justice-bill.html.

theme that comes up in the discussion of the “Ir Miklat,” or cities of refuge, in Bamidbar 35. A person who kills accidentally will exiled to the Ir Miklat, and will stay there until the death of the Kohen Gadol, or High Priest (Bamidbar 35:25). In other words, the length of an accidental murderer’s stay in the Ir Miklat will depend not upon his crime, but solely upon when he arrived relative to the Kohen Gadol’s death. Another widespread problem in our prison system is violence. It is virtually impossible to find statistics about violence in prisons. This may be because some level of violence is viewed as a regular daily part of prison life. However, the US Department of Justice’s Bureau of Justice Statistics does publish detailed statistics on causes of death among prison inmates. Homicide ranks below illness, suicide, drugs, alcohol, and accidents, but still accounts for 2% of state and 3% of federal prisoners’ deaths between 2001-2014.6 This is much higher than the global percentage of homicide as a cause of death for the general population, which is .7%.7 The Ir Miklat is described as a city of refuge because it protects accidental murderers from being killed in revenge. Within the Ir Miklat,there seems to be an assumption that there will be a peaceful society. The Gemara in Makkot 12b:10-13a:1 talks about normal social hierarchies and people honoring each other there. Our prisons may protect inmates from being murdered by people who would threaten them from the outside. However, our prisons do not seem to be as effective at protecting inmates from violence and chaos within.

The problem of what to do with people who have forfeited their rights to live among law abiding citizens is an ancient one. The Torah has guidelines for us, and some of the problems these guidelines point to continue to arise today in our current prison system.

6 Noonan, Margaret E. “Mortality in State Prisons, 2001-2014 - Statistical Tables.” Bjs.gov, Bureau of Justice Statistics, Dec. 2016, www.bjs.gov/content/pub/pdf/msp0114st.pdf.

7 Ritchie, Hannah, and Max Roser. “Causes of Death.” Our World in Data, 14 Feb. 2018,ourworldindata.org/causes-of-death.

The challenge will always be to balance compassion and humanity with the primary importance of the law and community.

Sarah Gorbatov

The Downside of Prison Reform: What if Punishing the Criminal Will Cause them to do Even Greater Harm?

Out of a population that is approaching 350 million, over 2.2 million Americans are incarcerated—our dubious distinction of having the world’s highest incarceration rate: more than seven-tenths of 1 percent of the population (about 1 in 100 adults) are in prison. The United States, with less than 5 percent of the world’s all-inclusive population, contains nearly one-quarter of its prisoners. The United States, at present, has 41,000 inmates serving life sentences without parole, according to a recent report; England has but 41. Nevertheless, as recently as the 1970s, the U.S. incarceration rate was one-fifth its current level. Notwithstanding, the tough-on-crime laws then passed at the state and federal levels with bipartisan support, and now, the U.S. has reached “mass incarceration”—a level of imprisonment so vast that it forges the collective experience of an entire social group. The deterrent effect of incarceration is lessened if it becomes so common that it no longer carries any stigma, and reentry services for released prisoners go only so far. Making a real dent in the size of the prison population will require intervening in a cycle that begins long before any crime is committed. This mass incarceration rate is dynamic, as hundreds of thousands of people, primarily men, are released from U.S. prisons on an annual basis to strive to make a go of it in a world where they have failed before—with the added disadvantage of a prison record and an unattractive reputation. More than 60 percent will be rearrested within three years, and half will return to prison. And, even so, those released from prison are, as a group, little studied, partly because maintaining contact with them is so difficult. The men tend to be “very loosely attached to their families and jobs,” some claim. Prison

time strains relationships with partners and children, and hence men form antisocial behaviors and often live separately after their release. They may move frequently, sleeping on the couches of friends and relatives, or even becoming homeless as difficulty in finding employment begets financial trouble. Tracking this group, though complicated, is essential to understanding what challenges prisoners’ encounter in reintegrating into communities, and the challenges are indeed great. It states, in Turei Zahav on Shulchan Arukh, Yoreh De-’ah 334:1 of the Talmud, “I am shocked at these words (of the Rama)! How can we focus on the prohibition that this person did if by doing so, we will bring that person to further their evil ways?” Chas V’Shalom. The difference between the prison environment and the outside world can be jarring in the extreme. The outside world brings an onslaught of stimulation and the sudden need to make dozens of small, circumstancing decisions each day when before, the prisoners were expected to do as they were told - “adaptive behavior in prison is maladaptive behavior outside.” The psychological challenge of reintegrating is also often layered on top of other adversity—for instance, childhood trauma. The violence people bring into the world has its roots in violence they witnessed, or which was done to them, at very young ages. In a justice system built upon the idea of choice and personal responsibility, I say the path to trouble may begin long before an individual has any say in the matter. What happens to a person during their childhood can have a bearing on whether they end up in a prison cell, or whether they are even wired to make rational decisions in regard to everyday life. It is among the most significant factors that shape addictive and criminal conduct in adults and even supposing that federal and state prisons are working to reduce their prison population and improve former prisoners’ chances of successfully rejoining society, those convicted of crimes often have complex problems that date back to childhood. A brief skim of their histories would reveal that long before they were the perpetrators, a number of them were the sufferers. This should even blur the line between victim and offender. In addition, a comorbid history of alcohol and drug abuse is typical among current and former inmates: at least two-thirds are thought to have substance-abuse problems—no

surprise, given that some of them stole in order to get their hands on money for drugs, or committed other crimes due to impaired judgment while under the influence. In effect, American prisons are used as surrogate mental-health and substance-abuse facilities. The nonprofit Human Rights Watch found that 56 percent of U.S. inmates are mentally ill. One subject, mentally ill and addicted to drugs, who failed a drug test that was a condition of her parole and was sent back to prison for the remaining 15 months of her sentence, had received prescription anti-anxiety medication while in prison, but bureaucratic delays held up a new prescription once she was freed. Besieged by anxiety and desperate to feel more calm and untroubled, she used heroin. The medical community has determined this addiction is a disease, as well as a multitude of other addictions, but the criminal-justice community considers it a crime. However, in cases like these, the reasons people landed in prison in the first place make them more likely to end up there again. This is precisely why we should favor more robust support and reinforcement for prisoners who are released, especially since they most often are penniless individuals with few social supports, real behavioral problems, and tragic, chaotic family histories. It describes, in Teshuvot HaRabdaz Volume 1 187:2 of the Talmud, “I’ve been troubled by this question (of whether to excommunicate a criminal) my whole life because there is the possibility of the Torah being diminished, and there is no way to force the wicked from their ways. And, about this, I pray every day that I should not make a mistake in judgment . . . A person who is accustomed to sinning and feels confident with himself and in his claim, we do not concern ourselves with, and we uphold the Torah, come what may. But, if he is not accustomed, and he will likely listen, we draw him close with words until he returns somewhat, and we do not rush to punish him, because this can lead to negative outcomes . . .” Researchers have identified some factors that seem to aid prisoners in reintegrating. Take, for example, William (not his real name). As it happens, he exited prison with several advantages. First, he is 51—older offenders are less likely to commit new crimes and end up back in prison, possibly because youthful tempers fade, or because maturity brings an awareness of what one has missed.

Moreover, William has housing—he can stay in a shelter for the first year of his release. He had $5,800 in the bank at the time of his release, saved from his work-release job, and his sister allows him to come over and search job postings on her computer in exchange for doing her dishes. And, William also has a good relationship with both of his sons, ages 28 and 29, despite his being absent for the majority of their lives. He speaks with each of them daily, and when thinking about the two of them, William feels motivated to find a job. He hopes to get his own apartment so he can offer them a place to sojourn and save up a bit of money to loan them if they need it. “I want to be their shelter, in the storm,” he says. “Be there for them because all those years I couldn’t.” It discusses, in Deuteronomy 15:13-14 of the Talmud, (13) “When you set him free, do not let him go empty-handed”: (14) “furnish him out of the flock, threshing floor, and vat with which the LORD your God has blessed you.” Finding work might prove difficult. William makes an excellent first impression—neatly groomed, intelligent, self-aware—but he struggles with emotional control. When a nurse declined his request for anti-anxiety medication at a recent appointment, he told her, “When you see me on the six o’clock news, you’ll know you made the wrong decision.” The nurse called security and William was detained for 45 minutes, frisked, and asked to remove his shoes and belt. “It was embarrassing,” he admits. “Very embarrassing.” Many, perhaps most, former prisoners have trouble handling difficult, strong emotions and keeping their cool during disagreements—crucial skills for workplace success. Thus, many pieces must come together to set newly released prisoners on the path to a productive, stable life. If someone is not on the right or at least a reasonable track after the first few weeks of their release, there is a snowball effect. It explains, in Numbers 35: 11-15, (11), “You shall provide yourselves with places to serve you as cities of refuge, to which a manslayer who has killed a person unintentionally may flee.” (12) “The cities shall serve you as a refuge from the avenger, so that the manslayer may not die unless he has stood trial before the assembly.” (13) “The towns that you thus assign shall be six cities of refuge in all.” The few inmates who do reintegrate without much difficulty, who are best positioned to deal with the

psychological effects of the transition, have the ‘big three’ in place: they have a job lined up or find one quickly (e.g., through a trade union they previously worked with); they have housing (often with a relative or through a social-service program); they have access to healthcare and treatment for substance abuse and mental health issues as necessary. Only the most effective reentry programs address these factors, alongside one more factor that can tip the odds—a mentor. High-risk offenders who participate in such programs and receive such mentoring take 30 percent longer to end up back in prison and their offenses are far less probable to be violent crimes when they are rearrested. Although keeping expectations modest is important, as some of the most successful reentry programs reduce recidivism by a mere 10 percent, we can still make inroads and begin helping offenders avoid the pressures that lead them to fall back into their old ways and practices. We must not just be unfittingly optimistic about and hope for the best with the right-now monolithic approach we take toward rehabilitating the totality of a human being.

Yosi Groman

Why Prisons Could Collapse in a Couple of Years There are many many problems with the current prison system, and if they aren’t fixed soon prisons could collapse and prisons will be more chaos than they already are. A way to stop that is by reducing the incarceration rate. But until then we have to suffer the consequences. One big problem is overcrowdedness. For example, nearly 2.2 million adults were incarcerated in 2016. To put this in perspective, that is almost four times the population of Luxembourg, and the numbers are increasing on an annual basis. 18 states have reported overcrowdedness with the prisons operating at more than 100 percent. The way to solve this is by either adding more prisons or by just lowering the incarceration rate. There’s a Jewish source that talks about not being ruthless with

which refers to there being to many prisoners to feed.,לֹאַ ֲתעבֹד בּוֲֹ ַעבֹ ָדת ֶעבד,לֹא prisoners ְתֶרדּה בוֹ ָבֶּפְרךִ" and take care Another problem is false imprisonment. False imprisonment doesn't happen very often but it still happens from time to time. It shouldn’t happen at all. According to a study by the National Academy of Sciences, 4.1 percent of defendants who are sentenced to death in the United States are later shown to be innocent: 1 in 25, the problem is that the investigators only find out the defendant is innocent after a long investigation while the defendant had already been sentenced to death, even if they are shown innocent before they execute, it is still very hard to get them out of prison because they have already been sentenced. The only way to prevent that is to try harder to find evidence, or if they have already been sentenced they should be able to get out. There are stories of people that were found innocent after they have been sentenced to life in prison and they can’t get them out since they have already been sentenced. there is also a source that refers to this case by saying you shouldn't judge people by how they. ”לא תישא פני דל, ולא ָתהדר פני גדול. בצדק תשפוט עמיתך”. look Another problem is that prison isn’t safe. Prison is like the king of the hill, the strongest one rules. the strongest one also has access to everyone else in the prison, which means that he could beat up anyone without the guards having to do anything, if you mind business that doesn’t concern you or say things that you shouldn’t, there is a big chance that you would get beaten up by a guy that’s bigger than you. According to VOX 76% of all inmates end back in jail within five years, which is an astonishing number, this happens because of how they are treated in prison or how they treat other inmates, in prison they learn new things that are good to protect themselves and to get them thorough prison but aren’t necessarily good for the world outside of prison. When they are in prison one of the main concerns is what’s going to happen when they get out. They don’t have a job or money and most jobs wouldn’t want them to work for them because of their criminal record, prison should be the only punishment and not what comes after because prison is the actual punishment. But according to the Yoreh Deah,

someone who is worthy of excommunication should be executed no matter the consequences, of him going back to evil. The takeaway from this essay is that we are the only ones who can solve our problems.

Leora Gutmacher

Did you know that American prisons house more than 2.2 million individuals. As of 2012, there are 710 people per every 100,000 in the United States that are imprisoned in either local jails, state prisons, federal prisons, and privately operated facilities.

A problem that I think needs to be reformed in prison is firstly sleeping problems and fights due to the lack of room . Since the increase of prisoners are high sources say that it causes the prisoners to act irresponsible and violent behavior. The prisoners fights many times lead to severe injuries and need to be taken to the hospital. It says in Parashat Devarim that if a jew has a servant who stole from them they must treat them like an employee or a hired resident. It says that you must also give up your bed for them if there is only one bed.

Secondly i think the Prison/Government should give the prisoner money once they are released from prison to start off their life again. Their are 68 percent that go back to jail because they have nothing to lose. Jewish sources say “ When you send him away, free from you, you should not let him go empty handed.” It also say what to give for example many gifts from your flocks and wine ect.

Lastly a problem that I think needs to be reformed is that their are over 3,000 prisoners that are serving life without parole for nonviolent crimes. I think if a prisoner doesn’t do something so bad like stealing from stores or stealing a car the most they should be in jail for is 6-7 years or be put on house arrest. I learned that if a person that is jewish does something against you like steal and can’t repay you he is supposed to be your “slave” for 6-7 years.

In conclusion prison reform is very important and I think it should be taken more seriously.

Emma Hasson

Whether or not you believe prison should be rehabilitative, everyone agrees prison is there to make our country a better, safer place, but right now only 23% of released prisoners stay out of prison, meaning, even after having been in prison for a full sentence, 77% of released convicts commit another offence that lands them in prison. Clearly, prisons don’t do their job. One solution to this problem is offering more rehabilitative and educational programs. This may seem like extra cost to government where funding for prisons is already limited, but, in the long run, the cost will be greatly reduced. Studies have shown that these programs decrease the recidivism rate, hence decreasing the prison population. In Ohio, for example, inmates who enroll in college classes have a re-offending rate of 18%, while prisoners who do not take college courses have a re-incarceration rate of 40%. Prisoners in New York who earn a college degree while incarcerated are almost half as likely to get arrested after release compared to inmates who do not earn a degree. By decreasing the re-offending rate, prison education programs ultimately save the state money. For example, from 2008 to 2009, Nevada decreased the state’s prison population by 1.6%, which saved the state $38 million and prevented Nevada from spending $1.2 billion on construction costs. When one fewer Nevadan inmate re-offends, the state saves $22,000. Since about 40% of state inmates and 27% of federal inmates have not completed high school, prison education programs allow inmates to gain the necessary skills they will need to find work outside of prison. In Devarim, there is a passage that teaches about Ir Miklat, or cities of refuge. These cities of refuge, in addition to housing accidental murderers, also housed levites who would teach these people, creating an environment of learning and self improvement.

Prisoners in solitary confinement. Solitary confinement is imprisonment in a single cell with little to no contact with other prisoners for an extended period of time. A common misconception is that solitary confinement is a last resort, used on only the most violent and dangerous prisoners, but prisoners can receive solitary for a variety of reasons, from fighting with another inmate to talking back to a guard. Solitary confinement can be severely detrimental to a person’s physical and mental health. Many studies show that for people with pre-existing mental health conditions, solitary confinement greatly amplifies the symptoms, and for those in perfect mental health it can create problems. These problems are especially impactful on children and teens, whose minds are still developing. Isolation is actually an infringement of human rights, as it fits the definition of torture as stated in several international human rights treaties. In fact, the U.N. Committee Against Torture has repeatedly condemned the use of solitary confinement in the U.S. since the 1900s. Many prisoners and family members have brought this to the attention of politicians and policy makers, and some states have even reconsidered, but it is far from being completely abolished. Another problem is what happens after prison. Many former convicts have an extremely difficult time finding a steady source of income. Studies show that the unemployment rate for formerly incarcerated people is nearly five times higher than the unemployment rate for the general United States population, and substantially higher than even the worst years of the Great Depression. Recently, there have been many “ban the box” policies to remove the tick box on job applications that ask about a person's criminal history. They aim to stop employers from discriminating against felons. However, evidence about those policies' effectiveness has been mixed. One study sent 15,000 fake online job applications to employers in New York City and New Jersey for entry-level and low-skill positions before and after such policies were adopted. It found that "ban the box" policies improved the situation for those with records but also led to an uptick in racial discrimination by employers. There are many programs, however, which help get former convicts entry level jobs, but they can only do so much. As it says in Devarim 15:13-14- “When you set him free, do not let

him go empty-handed: Furnish him out of the flock, threshing floor, and vat, with which the LORD your God has blessed you.” There are many problems with our prison system that need to be solved, and there are many possible solutions. Some solutions require an investment, others are cost effective, but none of these can be implemented unless more attention is brought to the topic of prison reform. From local government, to federal, not enough attention is being paid to prisoners and their rights and best interests.

Isaac Levin

In my opinion, the jail system is not reasonable or reliable. Just recently, a jail in Brooklyn had its power lost, the prisoners were freezing in their cells, with nothing to protect them from the cold. There were giant crowds protesting, since the police did nothing about it. They didn't try to fix the problem until 3 whole days of the worst weather.There are lots of ways that our jail system today needs improvement, and there are many Jewish sources that support the need for prison reform.

Lots of times, people can be sentenced to 375 years in prison. There are so many problems with that. No one can live that long anyway, and prison is supposed to make a criminal learn a lesson, how will one be able to learn anything if they are spending the rest of their life behind bars? Even 20 years of jail time will not serve justice. The criminal will most likely commit suicide or ask to be on the death penalty. In 2014, there were 3,927 inmate deaths in state (3,483) and federal (444) prisons, the largest number of inmate deaths reported since tracking began in 2001. Although illness remained the most common cause of death, suicides represented 7%. That's the largest percentage of deaths due to suicide since tracking began. 1 year of jail time would be the most reasonable, no more. Norm Pattis, an associate with the government, stated, “Our criminal justice system is remarkably cruel. We call ourselves the land of the free,

yet, with 5 percent of the world’s population, our prisons contain 25 percent of the world’s prisoners. We are the world’s leaders in incarceration, a shameful statistic. The number of people serving life sentences in U.S. prisons is surging. According to a new report issued by the Sentencing Project, nearly 162,000 inmates are serving a life sentence, one out of every nine people in prison. A further 44,311 individuals are serving "virtual life" sentences of 50 years or more, defined as any sentence where it's likely the inmate will die in custody. What’s the point of locking away so many people for so long?”. By being in a cell for a whole year, a criminal will be able to reflect and realize what he of she did wrong. How can anyone learn from their mistakes if they are punished for a large fraction or all of their life? This is reflected in the Torah (Devarim 15:12) as well when it instructs the owner of a Hebrew slave who became his slave after stealing from him that he must release him after a maximum of six years of service. By having a shorter sentence it allows him to learn from his mistake and go back to his home.

In many cases, people can be falsely accused of crimes. Most of them are high class crimes, such as rape or murder. DNA testing should be used during these cases. Sometimes, the suspect of murder could have placed someone elses fingerprint on the weapon that killed the victim. Cases of rape are usually less falsely accused, because the victim might know who the rapist looked like. But sometimes, if the suspect wears a mask, someone with a criminal record can be sentenced to jail, even if it wasn't him. We can use security cameras to see where the rapist was going, so we can be sure who the target is. The issue was published in the Proceedings of the National Academy of Sciences. It shows that 4.1 percent of defendants who are sentenced to death in the United States are later shown to be innocent: 1 in 25. In Devarim 19:15-19 the Torah describes the great lengths that judges must go to in order to ensure that we have two reliable witnesses who are testifying in a trial.

Our prisons need therapy for the jail members. Going through a year of therapy in jail, the criminal can then realize why what he or she did was bad. They should learn what it's like to be the victim of the types of crimes they made. The Torah mentions “mida k'neged mida”. This means that if you do something to someone else, the same will happen to you. After a year of strong therapy, the criminal can now go back into society, not having any urge to commit any crimes, because they know what it’s like to be the victim. At midyear 1998, 16 percent of State prisoners and 7 percent of Federal inmates reported having a mental condition. As of 2000, 13 percent of State prison inmates (approximately 79 percent of those with mental disorders) were receiving some type of regular counseling or therapy from a trained professional. Approximately 10 percent of all inmates in State prisons were receiving psychotropic medication, clearly there is a large need for therapy in prison. The Turei Zahav, on his commentary on the Shulchan Aruch, similarly says that we need to be careful about giving a person a punishment if that punishment will bring that person to further their evil ways. Therefore, if prison, without therapy, will cause a person to become even worse, than maybe they shouldn’t be sent there.

Our prison system needs to be improved. With all the news we hear on the radio, it's pretty obvious that we need to change our ways. This can all be stopped. We just need to get up and open our eyes. With that in mind, we can live better, knowing that change is reasonable. We can reduce crime if we work with each other.

Jacob Louk

The US prison system is in need of major reform. Over 2.3 million people are currently in US prisons or jails. That is over 5 times the population of the Bahamas. An estimated two-thirds (68 percent) of 405,000 prisoners released in 30 states in 2005 were arrested

for a new crime. Clearly, prisons are not helping people go back into society in the way that they were supposed to.

One problem that connects to that is overcrowding in prisons. 46% of the people that are in prison today are drug offenders. Minimizing their times in prison, will drastically improve the problem of prison overcrowding. Another reason for this is, there would be more room in prison for more serious criminals. Also, overcrowding can cause a lack of privacy which can also lead to exacerbating mental health problems, increased rates of violence, and self-harm and even suicide. In conclusion overcrowding in prisons is a serious issue that needs to be resolved. The Turei Zahav on Shulchan Arukh says when talking about excommunication, it is not always the right thing to focus on the prohibition, because it might bring that person to further evils. Therefore if prison is going to make matter worse we need to find a different solution.

Understaffing is a major issue in prisons. Due to budget concerns, many people have left working at prisons or refused to work there. Since there are fewer people working there the inmates feel that they could potentially take over the prison. For example, prison riots, they are extremely dangerous to the guards, other inmates, and even a civilian that works there. On January 1st a mass prison riot broke out leaving 56 people dead. They were in a prison that could hold up to 592 inmates, yet there were 1,224 inmates in the prison. To conclude, understaffing is a major issue that can lead to prisons riots which are extremely dangerous. In Leviticus 25:39-43 it says that a person who stole something and became the servant of the person he stole from may still not be treated in a way that is not humane. “You shall not rule over him ruthlessly; you shall fear your God.” Therefore prisons must be staffed in such a way that is safe and humane for both prisoners and guards.

There are many families suffering at the expense of one of their parent's mistakes. There are many organizations helping children whose parents are in prison and cannot

support them such as AFOI. AFOI provides regular meaningful visitations and referrals to community resources. So even though there are people suffering from their parent's mistakes there are always companies like this to help them. It describes in Leviticus that during the time a person is a Hebrew slave the owner has to take care of both the person and his family. Therefore we see, the importance of taking care of the whole family.

The US prison system is in need of major reform. No one should be getting injured from being in prison. They should also be welcomed back into society just like anyone else. Also, more people should be working in prisons so that everything stays in control. And organizations like AFOI should be getting more and more families to know about their program because too many of them are suffering. In conclusion, prisons need to be changed, and quickly.

Jonah Lumerman

When we think of prison we think of dangerous people who have committed horrible crimes. What we don’t really realize is the flip side of it. The incarceration rate since 1980 has gone up over 40% and its been at in all time high. We as Americans have many options to reduce problems such as abusing taxpayer money for solitary confinement and prisoners who have increased likeliness of committing suicide. Us Americans need to realize a possible solution on how to stop this problem quick.

One upon many problems about US prison is our solitary confinement. The number of people in solitary confinement is anywhere from 80,000 to 100,000 men and women. These prisoners are isolated in solitary confinement for 22-24 hours a day for days, months, and even years. Reasons why prisoners might get put into solitary confinement can be as small as being caught with cigarettes to yelling to an officer or even fighting with another prisoner. This can Bring prisoners symptoms of

hallucinations, paranoia, rage, ptsd, and suicide. Ways we can reduce solitary confinement is proven policies that create safe communities in prison and ways to stop using our tax money and use it for creating a prison community. One Jewish source from the book of Leviticus 25. The passage describes a man, who must give himself over and become a hired bound laborer. He serves his time until the jubilee year then he goes back to his family. You shall not rule over him ruthlessly but shall fear God. We can relate this Jewish source to a man who could have been a prisoner put into a place where he will be for 50 years and become a laborer in that period of time. It also says in the passage that you shall not rule over him ruthlessly but he shall fear god. Although the Jewish text might not relate to solitary confinement this Jewish man was put into prison for a long period of time however not enclosed but treated like a laborer doing hard work. With that we have valid reasons why we should stop solitary confinement because its hurting prisoners who weren’t dealing with these deadly diseases/symptoms of suicide.

Another problem that many prisons and the federal court system might not realize about but unfair verdicts in a trial. This has occurred numerous of times in the past but notoriously in the 1930’s. In 1931 nine black men were falsely accused of raping two white women on a train in Alabama. Only four out of the nine men knew each other before they were arrested.The nine men ranged in age from 13-19 years old. Eight out of the nine men were sentenced to the death penalty. The jurors were white men and quickly sentenced them to the death penalty. The youngest male Leroy Right aged 13 was sentenced to life imprisonment from the favored juror. Leroy Right was in prison until 1937 awaiting the final verdicts. In November 1932 the US Supreme Court that the Scottsboro defendants were denied their 14th amendment privilege of right to counsel. Although this case occurred in the south when Jim Crow laws were at its peak, this occurs all the time in murder trials and many other cases. New research shows that in many trials that the verdict could be changed by race, gender, socioeconomic status. It was also found that most jurors do not use all available evidence before making the

final verdict. This definitely creates a bias and this results in sometimes completely innocent people as we saw in the Scottsboro trial who were falsely accused of rape. One Jewish text is found in the book of Leviticus. The son of an Israelite woman pronounced the name in blasphemy. The boy was brought to Moses and the boy was placed in custody until the decision of the LORD should be made clear to them. What we can learn from this Jewish text, is that we are yet to see what happens to this boy because of his acts. In modern days we consider all people innocent until proven guilty. As a compare and contrast I think the Jewish text relates to our problem today that although the boy committed a crime, we don’t know to what extent. He faces his consequences and goes to prison or death. This is one of the problems we have in today’s day; not realizing that many jurors are not using all available evidence in finding the verdict. This leads to sometimes young juveniles who haven’t gotten the chance to live life and lose their future from the juror not using all evidence in their trial.

Lastly, we see this most prevalent in west coast prisons is overcrowding in prisons. In 2011, in a California prison, more than 30,000 inmates needed to be transferred or released because of overcrowding. A 2009 federal court order making California take measures to bring the state’s prison population down to 35,000 and 46,000 prisoners. Prison wardens and correction officials have said that if we cannot reduce the number, we won't be able to provide sufficient medical care for the prisoners. This problem is not only occurring in California, its happening across the United States. Although we can try to stop the overcrowding, this leads into a major predicament. Ways we can try to reduce this problem, is obviously get people to stop doing the wrong thing. Although that is beyond shooting for the stars, we can also find ways as prison and correction officials said get reduced but sufficient medical care for these prisons. This predicament has gotten to the point where there are 400 bunk beds in the prisons gymnasium just north of the Bay Area in California. A Jewish source that is similar to this problem, was when the Jewish people were camping in the desert. G-D said to Moshe to take a census of all Jewish men over 21 and they camped in the desert and

even in Israel by their tribes. Some tribes had more people than the others, but always the Leviim by the mishkan. Although it could be a long process, We can find solutions to this problem.

In conclusion, we see three major problems with our prison system in the United States. We might not realize these as much considering we don’t work for prisons or try to affiliate ourselves with them, it is still good to find ways together on how to stop these problems. Us as Americans as a team should try to stop this problem. Human brains do not fully develop until they are 20-25 years old. We saw in the Scottsboro case all boys who were juveniles were sentenced to life imprisonment and death penalty because of white jurors and the Jim crows laws prevalent in the Deep South. We see this problem also with young adults even juveniles who are put into solitary confinement and come out having huge amounts of stress, rage, ptsd, and even risks of suicide before being put into solitary confinement. We might not realize these problems but we can put a stop to it. - This Essay is only talking about the United States Federal prison system.

Leah Masri

Did you know that over 2.7 children have a parent behind bars and that the average annual cost to incarcerate one inmate in federal prison is about $29,000. These facts are scary but sadly true. There are over 2.2 million adults currently in prisons. While solutions to these problems in prison are not simple, by researching both about what we know about prison and Jewish sources perhaps we can identify some improvements in helping the inmates families with money, medication in prisons and rehabilitation in prison.

One of the problems in the current prison system is that the inmate’s family are left all alone without money to survive . 80% of offenders have a low income and 2/3rds

of their family members are not able to pay for food. I think that the government should give all of these families money to survive or help get a job for the adult in the house, to earn a living. In fact, There are actually a few organizations that help these kind of families. For example, “Working With Families in the Child Welfare System Affected by Incarceration” is an organization that helps families faced with challenges after release. They help with many things, for example, they give advice to those that need help remaking relationships with family members. They also help people that were incarcerated find jobs, proper housing and public assistance. In Shemot chapter 21 it states that “if he is married to a Jewish women when he enters his service, the master must provide food for the wife and children until he is released with his wife.” What we see from here is the Torahs sensitivity not to just take care of the inmate but to also take care of the inmate’s family. In conclusion, we should remember that the prisoner is not the only one suffering, the prisoners family is too and we should do whatever we can to help them.

Another problem in the current prison system is that people don't get the medication they need. 56% of US inmates are mentally ill. The most common illnesses in prison are depression and bipolar disease. In 2008 a survey was taken in a state prison that found 20 percent of males and 25 percent of women have severe psychiatric symptoms. I think that prisons should give them a chance to change. If a person is in a really bad mental health condition, instead of locking them up in prison, we should give them an opportunity to go to rehab. Some prisoners get medication in prison. However, they are a big expense. Once they leave prison they leave with a large medical bill. The Turei Zahav says “how can we focus on the prohibition that this person did if, by doing so, will bring that person to further their evil ways”. We have to think whether the punishment that will be given will make things better or worse, if worse, then we should consider giving a different punishment.

How do we make sure that when offenders leave prison they don't go back to their old ways? Studies show that older offenders don't go back to prison after leaving. David Hudgens a former prisoner said that once your released from prison you’re alone with no money, no food, no shelter you have to survive and its highly likely that in order for you to survive you will need to commit a crime. That's why he suggests that every inmate should be released with their family (if they have any) and be given a probation officer, some money, clothing and secure housing. Most states have some type of person that approaches jail and prison staff to attempt to build up a home arrangement for prisoners and make sure that inmates don't leave empty handed. Studies also show that 2/3rds of people that leave prison will return. Some people say that prisons are not meant for rehabilitation but if prisons can include a rehabilitation program then the amount of inmates in prison will decrease. In Deuteronomy it says that “when you let the prisoner free you shouldn't leave him empty handed”, rather you should make sure he's taken care of so he doesn't return. Thus, prison rehabilitation only works if the prisoner has a clear and reasonable way of getting back into society.

All in all, while solutions to these problems in prison are not simple, by researching both about what we know about prison and Jewish sources we identified solutions to help the prison system become better. I found that a lot of inmate’s families don't have a lot of money and need help being supported. In addition, medication in prison is not that good, people can get medication in prison but they leave with a large medical bill. Another thing I researched on was rehabilitation issues, I learnt about the importance of setting up a former prisoner for success as they are released. With these suggestions in mind perhaps we can begin to bring down the very large numbers of prisoners in the United States.

Elie Rawson

Prison; a building in which people are legally held as a punishment for a crime they have committed or while awaiting trial.Approximately 60% of individuals locked up in local jails are awaiting trial. In addition to that, the population of those in prison and jail would be the fourth largest city in America and over ⅔ of people who leave prison will return. Most people in jail have yet to be found guilty of any crime. “Under our constitutional system, they are presumed innocent until proven guilty. They are mostly there because they cannot afford to pay money bail.” Why should people that are still innocent be getting the same punishment, for a shorter time, as people who kidnapped with a firearm or burglary with explosive, deadly weapon, or dangerous instrument. This problem could be easily solved by speeding up case processing and by focussing on people who are seen as a higher risk or who commited a more dangerous crime. A jewish source that relates to this is Shulchan Arukh, Yoreh De’ah 334:1 says “One who willingly violates a prohibition may be excommunicated immediately” This is true in the way that people who commit any crime, big or small, are being forced to stay in a prison cell immediately while they wait for their trial to be processed. The population of those in prison and jail would be the fourth largest city in America. The fourth biggest city in America is Houston, Texas and the population is 2,099,451. The prison population in the last year was 2.2 million. This can be fixed if we “replace mandatory sentencing laws with more flexible and individualized guidelines.” A jewish source that relates to this is Teshuvot HaRadbaz Volume 1 187:2 states “Everything must be done as the judge and leader sees fit.” This relates because it’s saying that the punishments should be done in a way that fits the person getting punished instead of giving everyone the same punishment and having prisons being overpopulated. Studies show that ⅔ of people who leave prison will return. Prison systems offer very special courses such as anger management courses to rehabilitate them. Intensive

courses are also offered to help prisoners overcoming their drug problems.” Prisons also provide courses to help “educational and treatment programs, adult basic education, skills development program which helps in shaping their behavior. Rehabilitation programs have been really effective as they focus on targeting specific problem areas. Rehabilitation programs include pro-criminal attitudes, problem solving deficit, creating educational and employment opportunities.”“Prison well wishers also argue that the courses that are being provided to the inmates have changed their thinking from criminal side to a law-abiding citizen.” Even with all of this help people will return. This shows that prisons systems need to offer this help and even more when they leave prison to help them land back on their feet. A jewish source that supports this is from Turei Zahav on Shulchan Arukh, Yoreh De’ah 334:1 which states “How can we focus on the prohibition that this person did if, by doing so, will bring that person to further their evil ways.” Meaning that if the prison system doesn’t find a way to help prisoners after they leave, they might go back to their evil ways and return to prison shortly after they leave. The prison system seems to have many big problems such as over population and not the best rehabilitation courses. These problems have simple solutions that should be fixed as soon as possible .

Works Cited Petrella, Christopher. “Ten Ways To Reduce The Prison Population In America.” Business Insider, Business Insider, 6 Oct. 2012, www.businessinsider.com/10-ways-to-reduce-us-prison-population-2012-10. Quora. “Three Things You Probably Didn't Know About The American Prison System.” Forbes, Forbes Magazine, 26 Nov. 2018, www.forbes.com/sites/quora/2018/11/26/three-things-you-probably-didnt-kno w-about-the-american-prison-system/#4e55aea957b1. Reinhart, Christopher. Summary of Federal "USA PATRIOT Act", www.cga.ct.gov/2008/rpt/2008-R-0619.htm.

Zeeshanaleem. “8 Jarring Facts That Every American Needs to Know About Our Prison System.” Mic, Mic Network Inc., 25 Oct. 2015, mic.com/articles/110920/8-jarring-facts-that-every-american-needs-to-know- about-our-prison-system#.kYcPBZKjY. . “How to Reduce Jail Populations in Big Ways.” Governing Magazine: State and Local Government News for America's Leaders, Governing, www.governing.com/gov-institute/voices/col-reduce-jail-population-felony-co urt-processing-delay.html.

Gabe Schein

1 in every 115 adults in America were in prison or jail in 2015, which is the highest incarceration rate in the world. There are so many problems with the justice system in America, such as prison overcrowding, false accusations, and racial injustice. Jewish text can inform our response to the problems. One huge problem with the prison system is prison overcrowding. There are 22 national prison systems hold more than double their capacity. In addition to the US, a further 28 other countries are operating at between 150% and 200% capacity. In my opinion, the only civil and moral way to solve this problem is to build more prisons and jails globally. Also I think they should send the really bad criminals out of the country. In Numbers 35:11-15 says that there should be places for someone who accidentally committed a serious crime can flee to and be safe. This is a great idea because there are probably a bunch of those types of people in jail scared for their life for something that they didn’t mean to do. Another reason for there to be a haven for these people is because it is a step in solving the overcrowding problems. Another huge issue with the justice system, which is false accusations. 4.1% of defendants who are sentenced to death in the US are later shown as innocent. Also another study shows that, up to 10,000 people are wrongfully convicted of serious crimes each year. This is clearly a very serious problem that is happening in America that needs to be solved. I think that a way we can solve the issue is that there has to be

a lot of legitimate evidence to convict a person of a serious crime. If don’t have enough hard evidence to pin the crime on the person, the person should be able to go free, but the people accusing him can still try and find evidence. Deuteronomy says that only a single witness is not enough to prove someone guilty, but two witnesses are. I agree with his statement because it takes more than just one witness and a little proof to prove someone guilty. In America probably the biggest problem with the justice system and the one that bothers me the most is racial injustice. 1 out of 3 black men have a lifetime likelihood of being imprisoned. This is the most substantial issue that needs to be put to an end. A lot of things have to happen to end these unjust acts towards African Americans. People have to stop racial profiling African Americans because they are the same as everyone else. I think the main reason people stereotype blacks is because their parents or people around them put the idea in their heads. I also think that the police have a significant role in this problem. They should definitely be taking a different approach to a suspect that is not only African American, but any type of race. Rav Moshe Feinstein, the leading Halachic authority in America wrote “And I suffered great anguish because I have heard there are those in Israel who are not drawing them close in spiritual matters and are causing, G-d forbid, that they might be lost from Judaism. And it seems to me these people are behaving so only because the color of the Falashas’ skin is black. It is obvious that one must draw them close, not only because they are no worse than the rest of the Jews – because there is no distinction in practical application of the law because they are black …” Rav Moshe is saying that everyone has equal rights and nobody should be stereotyped because of their skin, and not be able to practice and learn any religion they please. The people in America and all around world should take drastic action to help there country improve their justice system. Would you want this injustment in your country? We can see that there are easy, but effective ways we could improve our prison systems.

Felicia Stendig

Did you know that the U.S. spends more money on imprisoning citizens than educating them? In New York the cost per inmate averages at around 61,000 dollars per year. This seems a waste because statistics show that we spend three times as much money imprisoning people than educating children from kindergarten through twelfth grade. At most, we spend 13,000 dollars a year on these children. If we spend more money on educating this coming generation of children, is it possible that fewer people would be arrested? Educating children could help them get better jobs that can keep them away from committing crimes. Currently, the world's population is mainly focused on keeping criminals away from society instead of helping them reach their potential in a life that could be meaningful, and far away from prison.

In at least 17 states prisons are overfilled, which can lead to the inmates housed in these prisons to participate in irresponsible behavior and can be dangerous to people around them. At one point in California, prisoners were dying because they couldn’t get the proper care due to overcrowding. Federal judges tried to help this situation by allowing public prisons to send prisoners to private owned prisons. Private owned prisons have some advantages, but people who work there work long hours and aren’t willing to work to their fullest capabilities. Also, inmates can’t get the support they need due to overcrowding,and the prisons need these people to get back on their feet again and with the dilemma of overcrowding the prisoners may have a harder time of doing so. This can cause the prisoners to stay away from society even longer, which may lead to lowered self esteem. Overcrowding is an inhuman way of housing prisoners, as the ֹ ִֽכּ ֲי־עָבַד֣י ֵה֔ם ֲא ֶשׁ ֵר־הוֹצ֥ ִאתי אָֹת֖ם ֵמֶאֶ֣רץ ִמְצָר֑יִם ל֥א יִָמְּכר֖וּ ִמ ְמֶכֶּ֥רת ָֽעֶבד ׃( מג) :following text expresses For they are My servants, whom I freed from the לֹ ִא־תְרֶדּ֥ה ב֖וֹ ְבָּפֶ֑רך וְיֵָר֖ ָאת ֵמ ֱאלֹקיך ָ׃ ְ ֶֽ land of Egypt; they may not give themselves over into servitude.— (43) You shall not rule over him ruthlessly; you shall fear your God. (Leviticus 25:39)

These two pesukim teach us that we should treat others in a humane way even if they come from a hard crime- related background and history.

Studies show that over two thirds of people who leave prison will return shortly after. Around 68% of prisoners released will be re-arrested within three years, and approximately 77% of people who were released will return within five years. Could the prisoners not be fully to blame for their actions? Arresting prisoners can defeat self confidence in their abilities to live in society. Once prisoners get released back into society they have to make choices on their own. Hopefully they will make good ones, but they may also make also bad ones as well. If prisoners commit another crime they might re-enter the prison system. When they were in prison before, it didn’t seem to help them re-enter society, and putting them back in prison can lead to them to disregard all of their potential to live a traditional life once again. If people re-enter prison it lowers the chances of them going back the their normal lives, and jobs they had before even entering prison the first time. A Jewish source that relates to this issue of coming back to society and getting back to their lives and jobs comes from the Mishna in Makkot 12b:10-13a:1 מתני׳ כיוצא בו רוצח שגלה לעיר מקלטו ורצו אנשי העיר לכבדו יאמר להם רוצח אני אמרו לו אף על פי כן יקבל מהן שנאמר (דברים יט, ד) וזה דבר הרוצח מעלים היו שכר ללוים דברי רבי יהודה רבי מאיר אומר לא היו מעלים להן שכר וחוזר לשררה שהיה בה דברי רבי מאיר רבי יהודה אומר לא היה חוזר לשררה :שהיה בה Similarly, in the case of a murderer who was exiled to a city of refuge and the people of the city sought to honor him due to his prominence, he shall say to them: I am a murderer. If the residents of the city say to him: We are aware of your status and nevertheless, we wish to honor you, he may accept the honor from them, as it is stated: “And this is the matter [devar] of the murderer” (Deuteronomy 19:4), from which it is derived that the murderer is required to say [ledabber] to them that he is a murderer. He is not required to tell them any more than that. The unintentional murderers would pay a fee to the Levites as rent for their living quarters in the cities of refuge, which were

Levite cities; this is the statement of Rabbi Yehuda. Rabbi Meir says: They would not pay a fee to them, but would reside rent free, as they are required to live there by Torah law. They also disagreed with regard to the status of the unintentional murderer when he returns home after the death of the High Priest. “He returns to the same public office that he occupied prior to his exile; this is the statement of Rabbi Meir. Rabbi Yehuda says: He does not return to the office that he occupied.” In the bolded text it shows us that, Rabbi Meir wants the prisoner to return to his previous job he/she had before even entering prison. Although Rabbi Yehuda contradicts Rabbi Meir’s statement by saying “He does not return to the office that he occupied.” If people go back into prison, job managers may not want to have that particular employee work for their business. This understanding of what prison can do to your reputation allows for us to understand what both Rabbi Meir and Rabbi Yehudah’s different yet similar views on this issue.

Another negative aspect of prison that studies have shown, over 3,000 people who committed nonviolent crimes and are serving life without the possibility of parole. Some of these crimes included shoplifting, stealing from others and selling items that were not for individual sale. When these people were tested, results showed that many of the prisoners had/have mental health issues. Prison officials put these types of individuals in prison with these punishments because they believe due to the majority's test results with the results leading to mental health issues. Officials feel as though if the convicted prisoner remain in society it could lead to more harmful crimes in their near future, possibly consisting with actions harming others in the environment around them. Due to this reasoning they are put into prison with a life sentence without a possibility of parole. One final Jewish text that corresponds with this issue from prison can be found in the commentary of the Turei Zahav on the Shulchan Aruch where he argues that “How can we focus on the prohibition that this person did if, by doing so, will bring that person to further their evil ways Chas V’Shalom!”

This text shows us how we need to think about the emotional impact that a punishment will have on the person who did the crime.

In conclusion, the prison system in America and throughout the world has many negative aspects, such as expense, overcrowding, re-arrest, and finally, the unfair punishment of people who have committed nonviolent crimes and live without a possibility of parole. Prison can be diminishing and dehumanizing for the majority of the prison population, and thus we must reform the prison system.

35 Ba Ba'Machteret: Standing your Ground in Halacha Source Sheet by Tavi Koslowe

שמות כ״ב:א׳ב׳ Exodus 22:12 ִאם־ ַבּ ַמּ ְח ֶ֛תּ ֶרת יִ ָמּ ֵ֥צא ַ ה ַגּ ָ֖נּב ְו ֻה ָ֣כּה ָו ֵ֑מת ֵ֥אין ֖לוֹ ָדּ ִמֽים׃ If the thief is seized while tunneling, and he is ִאם־זָ ְר ָ֥חה ַ ה ֶ֛שּׁ ֶמשׁ ָ ע ָ֖ליו ָדּ ִ֣מים ֑לוֹ ...׃ .beaten to death, there is no bloodguilt in his case If the sun has risen on him, there is bloodguilt in that case...

סנהדרין ע״ב א Sanhedrin 72a ת"ר (שמות כב, א) אין לו דמים אם זרחה Apropos a burglar who breaks into a house, the § השמש עליו וכי השמש עליו בלבד זרחה אלא אם Sages taught in a baraita: The verses state: “If a burglar is found breaking in, and is smitten and ברור לך הדבר כשמש שאין לו שלום עמך dies, there shall not be blood shed on his הרגהו ואם לאו אל תהרגהו תניא אידך אם זרחה account. If the sun is risen upon him, there shall השמש עליו דמים לו וכי השמש עליו בלבד זרחה be blood shed on his account” (Exodus 22:1–2). A אלא אם ברור לך כשמש שיש לו שלום עמך אל question may be raised: But did the sun rise only upon him? Rather, these words must be תהרגהו ואם לאו הרגהו קשיא סתמא אסתמא לא understood in a metaphoric sense: If the matter is קשיא כאן באב על הבן כאן בבן על האב as clear to you as the sun that the burglar is not coming to you in peace, but rather his intention is to kill you, arise and kill him first. But if you are not sure about his intentions, do not kill him. It is taught in another baraita: The verse states: “If the sun is risen upon him, there shall be blood shed on his account.” A question may be raised: But did the sun rise only upon him? Rather, these words must be understood as follows: If the matter is as clear to you as the sun that the burglar is coming to you in peace, do not kill him. But if you are not sure about his intentions, arise and kill him. The Gemara notes a difficulty: The halakha in the undetermined case as stated in the first baraita contradicts the halakha in the undetermined case as stated in the second baraita. The first baraita indicates that if the homeowner is unsure about the burglar’s intentions, he is prohibited from killing the burglar, whereas the second baraita indicates that in such a case, he is permitted to kill the burglar. The Gemara answers: This is not difficult. Here, where the baraita teaches that if one is unsure about the burglar’s intentions it is prohibited for him to kill him, it is referring to a father who comes to rob his son. A father has great compassion for his son, and therefore it may be presumed that he will not kill his son if he resists. Accordingly, the son is prohibited from killing his father unless he knows for certain that his father has the intention of killing him. There, where the baraita teaches that if one is unsure about the burglar’s intentions it is permitted for him to kill him, it is referring to a son who comes to rob his father. Since a son has less compassion for his father, it may be presumed that he would be ready to kill his father if he resists. Therefore, the father is permitted to kill his son unless he knows for certain that his son would never kill him.

What is the law regarding a case where one is not sure about the intruder's intentions?

בכור שור, שמות כ״ב:א׳:א׳ב׳:ב׳ Bekhor Shor, Exodus 22:1:12:2 אם במחתרת ימצא הגנב. כלומר אין המכהו if the thief is seized while tunneling: which is to נחשב כשופך דמים שהרי כמו אנוס הוא שאין say that the homeowner is not judged as a murderer, rather as someone in a forced situation, אדם יכול להעמיד עצמו על ממונו וזה נחשב כמו for we cannot expect a person to stand by as his רודף כמו שאמרו רבותינו דדעתו שאם יעמוד possessions are taken. This is comparable to a אדם נגדו שימיתנו ובא להרגך השכם להרגו: ,case of a Rodeif where, according to our tradition if a person is attacked by a potential killer that person may kill that attacker first.

אם זרחה השמש. שיצא מן המחתרת לאויר If the sun has risen on him: That is to say that העולם מקום זריחת השמש: the thief has left the person's home and is now outside in the sunlight. there is bloodguilt in that case: And if the דמים לו. ואם הרגו נחשב עליו כרוצח ושופך דם homeowner kills the thief in that case he is judged דלא הותר לו רק בשעת חימום במחתרת ומשום as a murderer, being that the Torah only gave the homeowner permission while he was enraged at הכי חייב אם המיתו ואין לו עליו רק תשלומין: the thief being in his home. Therefore, the homeowner would be guilty if he kills the thief and the thief would only be responsible for paying for any stolen items.

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets The Case of Sheva Ben Bichri and 9/11 Source Sheet by Tavi Koslowe

שמואל ב כ׳:ט״וכ״ב II Samuel 20:1522 (טו) ַויָּ ֜ב ֹאוּ ַויָּ ֻ֣צרוּ ָ ע ֗ ָליו ְבּאָ ֵ֙ב ָל ֙ה ֵ֣בּית ַ הֽ ַמּ ֲע ֔ ָכה ַויִּ ְשׁ ְפּ ֤כוּ And they came and besieged him in Abel of (15) ֽס ֹ ְל ָל ֙ה ֶאל ָ־ה ֔ ִעיר ַוֽ ַתּ ֲע ֖מ ֹד ַבּ ֵ֑חל ְו ָכל ָ־ה ָע ֙ם ֲא ֶ֣שׁר Bethmaacah, and they poured a ramp until it stood even with the outer wall; and all the people that ֶאת־יוֹ ָ֔אב ַמ ְשׁ ִחי ִ֖תם ְל ַה ִ֥פּיל ַ החוֹ ָמֽה׃ (טז) ַו ִתּ ְקָ֛רא .were with Yoav battered the wall, to throw it down ִא ָ֥שּׁה ֲח ָכ ָ֖מה ִמן ָ־ה ִ֑עיר ִ שׁ ְמ ֤עוּ ִ שׁ ְמע ֙וּ ִא ְמרוּ־ ָ֣נא :A wise woman called out from the city (16) ֶאל־יוֹ ָ֔אב ְ קַ֣רב ַ עד ֔ ֵ־הנָּה ַו ֲא ַד ְבָּ֖רה ֵא ֶלֽי׃ (יז) ַויִּ ְקַ֣רב Listen! Listen! Please say to Yoav, 'Come close to" ֵא ֔ ֶל ָיה ַו ֧תּ ֹא ֶמר ָ ה ִא ָ֛שּׁה ַ ה ַא ָ֥תּה יוֹ ָ֖אב ַו ֣יּ ֹא ֶמר ָ֑אנִי ַו ֣תּ ֹא ֶמר here so that I may speak to you.’" (17) So he drew close to her; and the woman said: "Are you Yoav?" ֗לוֹ ְ שׁ ַמ ֙ע ִדּ ְבֵ֣רי ֲא ָמ ֔ ֶת ַו ֖יּ ֹא ֶמר שׁ ֵֹ֥מ ַע אָנֽ ֹ ִכי׃ (יח) ,And he answered, "I am." Then she said to him ַו ֖תּ ֹא ֶמר ֵלא ֑מ ֹר ַדּ ֨ ֵבּר יְ ַד ְבּ֤רוּ ָב ִ ֽראשׁ ֹנָ ֙ה ֵלא ֔מ ֹר ָ שׁ ֧א ֹל Hear the words of your maidservant." And he" יְ ָשׁ ֲא ֛לוּ ְבּאָ ֵ֖בל ְו ֵ֥כן ֵ ה ַתֽמּוּ׃ (יט) אָנ ֹ֕ ִכי ְ שׁ ֻל ֵ֖מי ֱאמוּ ֵ֣ני ,replied, "I am listening." (18) Then she spoke saying, "[Your men] should have spoken at the start יִ ְשׂ ָר ֵ֑אל ַא ָ֣תּה ְמ ַב ֗ ֵקּשׁ ְל ָה ֨ ִמית ִ֤ עיר ְו ֵא ֙ם ְבּיִ ְשׂ ָר ֵ֔אל ָ֥ל ָמּה ',[saying, 'Let them inquire at Abel [about surrender ְת ַב ַ֖לּע נַ ֲח ַ֥לת ה' (פ) (כ) ַו ַיּ֥ ַען יוֹ ָ֖אב ַויּ ֹא ַ֑מר ָח ִ֤לי ָלה for they would have made peace. (19) I represent ָח ִל֙י ָל ֙ה ֔ ִלי ִאם־ ֲא ַב ַ֖לּע ְו ִאם־ ַא ְשׁ ִחֽית׃ (כא) א־ ֵ֣כן the loyal faithful people of Israel. You are seeking ַה ָדּ ֗ ָבר ֡ ִכּי ִא ֩ישׁ ֵמ ֨ ַהר ֶא ְפ ַ֜ריִם ֶ֧ שׁ ַבע ֶבּן־ ִבּ ְכ ִ֣רי ְ שׁ ֗מוֹ נָ ָ֤שׂא to destroy a city in Israel? Why will you swallow up the heritage of the Lord?’ (20) And יָד ֙וֹ ַבּ ֶ֣מּ ֶל ְבּ ָד ִ֔וד ְתּנֽוּ־א ֹ֣תוֹ ְל ַב ֔דּוֹ ְו ֵא ְל ָ֖כה ֵמ ַ֣על ָ ה ִ֑עיר Yoav answered and said: ‘Far be it, far be it from ַו ֤תּ ֹא ֶמר ָ הֽ ִא ָשּׁ ֙ה ֶאל־יוֹ ָ֔אב ִ ה ֵנּ֥ה ר ֹ ֛אשׁוֹ ֻמ ְשׁ ָ֥ל ֵא ֶ֖לי me, that I should swallow up or destroy. (21) The ְבּ ַ֥עד ַ החוֹ ָמֽה׃ (כב) ַו ָתּבוֹ ֩א ָ ה ִא ֨ ָשּׁה ֶאל־ ָכּל ָ־ה ֜ ָעם matter is not so. Rather, a man of the Mount ְבּ ָח ְכ ָמ ֗ ָתהּ ַוֽיִּ ְכ ְר ֞תוּ ֶאת ֨־ר ֹאשׁ ֶ֤ שׁ ַבע ֶבּן־ ִבּ ְכ ִר ֙י ַויַּ ְשׁ ִ֣לכוּ Ephraim, Sheva the son of Bichri by name, has lifted up his hand against the king, against ֶאל־יוֹ ָ֔אב ַויִּ ְת ַק ֙ע ַבּשּׁוֹ ֔ ָפר ַויָּ ֻ ֥פצוּ ֵמֽ ַעל ָ־ה ִ֖עיר ִ֣אישׁ David; deliver him alone, and I will depart from ְלא ֹ ָה ָ֑ליו ְויוֹ ָ֛אב ָ֥ שׁב יְר ָוּשׁ ַלִ֖ם ֶאל ַ־ה ֶמּֽ ֶל׃ (ס) :the city.’ And the woman said unto Yoav ‘Behold, his head shall be thrown to you over the wall.’ (22) Then the woman went unto all the people in her wisdom. And they cut off the head of Sheva the son of Bichri, and threw it out to Yoav. And he blew the shofar, and they were dispersed from the city, every man to his tent. And Yoav returned to Jerusalem unto the king. תלמוד ירושלמי תרומות מ״ז א Jerusalem Talmud Terumot 47a תני סיעות בני אדם שהיו מהלכין בדרך פגעו להן It was taught: If a group of people were traveling גוים ואמרו תנו לנו אחד מכם ונהרוג אותו ואם and they chanced upon a marauding army which demands of them, "Hand over one of your group, or לאו הרי אנו הורגים את כולכם אפי' כולן נהרגים we will kill all of you," you may not hand anyone לא ימסרו נפש אחת מישראל ייחדו להן אחד כגון over, even though all will end up being killed. If שבע בן בכרי ימסרו אותו ואל ייהרגו א"ר שמעון however they specify an individual, you may hand בן לקיש והוא שיהא חייב מיתה כשבע בן בכרי him over, as was the case of Sheva the son of Bichri. Rabbi Shimon ben Laskish says that the ורבי יוחנן אמר אע"פ שאינו חייב מיתה כשבע בן case of Sheva the son of Bichri was different since בכרי. he was liable for the the death penalty. Rabbi Yochanan says that even had he not been liable for the death penalty, [he could have been handed over].

Summary of groups being attacked: Case 1: Attacker demands any person. Law: Don't hand anyone over. Case 2: Attacker demands a specific person. Law: Rabbi Yochanan Hand him over; Rabbi Shimon ben Lakish Don't hand him over.

סנהדרין ע״ד א Sanhedrin 74a רוצח גופיה מנא לן סברא הוא דההוא דאתא And how do we know this of murder itself [that... לקמיה דרבה ואמר ליה אמר לי מרי דוראי זיל one must allow himself to be killed instead of killing another]? — It is common sense. Even as קטליה לפלניא ואי לא קטלינא לך אמר ליה one who came before Raba and said to him, 'The לקטלוך ולא תיקטול מי יימר דדמא דידך סומק governor of my town has ordered me, "Go and kill טפי? דילמא דמא דהוא גברא סומק טפי. [so and so; if not, I will kill you"'. He [Raba answered him, 'Let him rather kill you than that you should commit murder; who says that your blood is redder? Perhaps his blood is redder.'

Made with the Sefaria Source Sheet Builder w ww.sefaria.org/sheets Changing Direction of Danger Source Sheet by Tavi Koslowe

Chazon Ish (Rabbi Avraham Yeshaya Karelitz, 1878 1953, lived in Bnei Brak, Israel) on Sanhedrin #25

Imagine a case where an arrow or missile was launched towards many people and a person had the power to divert the arrow or missile so that it only killed one person rather than many. It is possible to argue that this case is not similar to giving over one person to a group of idol worshipers to be killed because in that case (the act of giving up the one person) is an act of achzarit (cruelty)...In our case, it is an act of haztalah (saving life) since one's intention is to save many...and only by chance, indirectly, will the one person die (because you diverted to arrow or missile).

אסתר ד׳:י׳ט״ז Esther 4:1016 ַו ֤תּ ֹא ֶמר ֶא ְס ֵתּ ֙ר ַל ֲה ֔ ָת ַו ְתּ ַצ ֵ֖וּהוּ ֶאֽל־ ָמ ְר ֳדּ ָכֽי׃ ָכּל ַ־ע ְב ֵ֣די Esther told Hathach to take back to Mordecai the ַה ֡ ֶמּ ֶל ְו ַעם־ ְמ ִדי ֨נוֹת ַ ה ֜ ֶמּ ֶל יֽוֹ ְד ֗ ִעים ֲא ֶ֣שׁר ָכּל־ ִ֣אישׁ following reply: “All the king’s courtiers and the people of the king’s provinces know that if any ְו ִא ֡ ָשּׁה ֲא ֶ֣שׁר יָ ֽבוֹא־ ֶאל ַ־ה ֶמּ ֶל ֩ ֶאל ֶ־ה ָח ֨ ֵצר ַ ה ְפּנִי ֜ ִמית person, man or woman, enters the king’s presence ֲא ֶ֣שׁר ֽא־יִ ָקּ ֵ֗רא אַ ַ֤חת ָדּת ֙וֹ ְל ָה ֔ ִמית ֠ ְל ַבד ֵמ ֲא ֨ ֶשׁר ,in the inner court without having been summoned יֽ ִוֹשׁיט־ ֥לוֹ ַ ה ֶ֛מּ ֶל ֶאת ַ־שׁ ְר ִ֥ביט ַ הזָּ ָ֖הב ְו ָח ָי֑ה ַו ֲא ֗נִי ֤א there is but one law for him—that he be put to נִ ְק ֵ ֙ראת ֙י ָל ֣בוֹא ֶאל ַ־ה ֔ ֶמּ ֶל ֶ֖זה ְ שׁל ִ֥וֹשׁים יֽוֹם׃ ַויַּ ִ֣גּידוּ death. Only if the king extends the golden scepter to him may he live. Now I have not been ְל ָמ ְר ֳדּ ֔ ָכי ֵ֖את ִדּ ְבֵ֥רי ֶא ְס ֵתּֽר׃ (פ) ַו ֥יּ ֹא ֶמר ָמ ְר ֳדּ ַ֖כי ְל ָה ִ֣שׁיב ”.summoned to visit the king for the last thirty days ֶאל־ ֶא ְס ֵ֑תּר אַל־ ְתּ ַד ִ֣מּי ְבנַ ְפ ֔ ֵשׁ ְל ִה ָמּ ֵ֥לט ֵבּית ַ־ה ֶ֖מּ ֶל ,When Mordecai was told what Esther had said ִמ ָכּל ַ־היְּהוּ ִדֽים׃ ִ֣כּי ִאם ַ־ה ֲחֵ֣רשׁ ַתּ ֲח ִר ִישׁ ֮י ָבּ ֵ֣עת ַ הזּ ֹא ֒ת :Mordecai had this message delivered to Esther “Do not imagine that you, of all the Jews, will ֶ֣ר ַוח ְו ַה ָצּ ֞ ָלה יַ ֲע ֤מוֹד ַליְּהוּ ִדי ֙ם ִמ ָמּ ֣קוֹם אַ ֔ ֵחר ְו ַ֥א ְתּ .escape with your life by being in the king’s palace וּ ֵבית־אָ ִ֖בי תּ ֹא ֵ֑בדוּ וּ ִ֣מי יוֹ ֵ֔ד ַע ִאם־ ְל ֵ֣עת ָכּ֔ז ֹאת ִ ה ַ֖גּ ַע ְתּ ,On the contrary, if you keep silent in this crisis ַל ַמּ ְל ֽכוּת׃ ַו ֥תּ ֹא ֶמר ֶא ְס ֵ֖תּר ְל ָה ִ֥שׁיב ֶאֽל־ ָמ ְר ֳדּ ָכֽי׃ ֵל ֩ relief and deliverance will come to the Jews from ְכּ ֨נוֹס ֶאת־ ָכּל ַ־היְּהוּ ִ֜דים ַ הֽנִּ ְמ ְצ ִ֣אים ְבּשׁ ֗ ָוּשׁן ְו ֣צוּמוּ ֠ ָ ע ַלי another quarter, while you and your father’s house will perish. And who knows, perhaps you have ְואַל־תּ ֹא ְכ ֨לוּ ְואַל־ ִתּ ְשׁ ֜תּוּ ְ שׁ ֤ ֶשׁת יָ ִמי ֙ם ַ֣ליְ ָלה ָו ֔יוֹם ”.attained to royal position for just such a crisis ַגּם־ ֲא ִנ֥י ְונַ ֲער ֹ ַ֖תי אָ ֣צוּם ֵ֑כּן וּ ְב ֞ ֵכן אָ ֤בוֹא ֶאל ַ־ה ֶ֙מּ ֶל ֙ :Then Esther sent back this answer to Mordecai ֲא ֶ֣שׁר ֽא־ ַכ ָ֔דּת ְו ַכ ֲא ֶ֥שׁר אָ ַ֖ב ְד ִתּי אָ ָבֽ ְד ִתּי׃ ,Go, assemble all the Jews who live in Shushan“ and fast in my behalf; do not eat or drink for three days, night or day. I and my maidens will observe the same fast. Then I shall go to the king, though it is contrary to the law; and if I am to perish, I shall perish!”

יונה א׳:ז׳ט״ו Jonah 1:715 ַויּ ֹא ְמ ֞רוּ ִ֣אישׁ ֶאל ֵ־ר ֗ ֵעהוּ ְלכ ֙וּ ְונַ ִ֣פּי ָלה גֽ ָוֹר ֔לוֹת ְו ֵ֣נ ְד ֔ ָעה The men said to one another, “Let us cast lots and ְבּ ֶשׁ ְלּ ִ֛מי ָה ָר ָ֥עה ַ ה ֖זּ ֹאת ָ֑לנוּ ַויַּ ִ֙פּל ֙וּ ֽגּ ָוֹר ֔לוֹת ַויִּ ֥פּ ֹל ַ הגּ ָ֖וֹרל find out on whose account this misfortune has come upon us.” They cast lots and the lot fell on ַעל־יוֹ ָנֽה׃ ַויּ ֹא ְמ֣רוּ ֵא ֔ ָליו ַ ה ִגּי ָדה־ ָ֣נּא ֔ ָלנוּ ַבּ ֲא ֶ֛שׁר Jonah. They said to him, “Tell us, you who have ְל ִמי ָ־ה ָר ָ֥עה ַ ה ֖זּ ֹאת ָ֑לנוּ ַמה־ ְמּ ַלא ְכ ְתּ ֙ וּ ֵמ ַ֣איִן ָתּ ֔בוֹא ָ֣מה brought this misfortune upon us, what is your ְאַר ֔ ֶצ ְו ֵאֽי־ ִמ ֶזּ֥ה ַ֖ עם ָאֽ ָתּה׃ ַו ֥יּ ֹא ֶמר ֲא ֵל ֶ֖יהם ִ ע ְב ִ֣רי אָ ֑נ ֹ ִכי business? Where have you come from? What is ְו ֶאת־ה' ֱא ֵ֤קי ַ ה ָשּׁ ַ֙מיִ ֙ם ֲא ִ֣ני יָ ֵ֔רא ֲא ֶשׁר ָ־ע ָ֥שׂה ֶאת ַ־ה ָיּ֖ם your country, and of what people are you?” “I am a Hebrew,” he replied. “I worship the LORD, the ְו ֶאת ַ־היַּ ָבּ ָ ֽשׁה׃ ַו ִיּ ֽ ְיר ֤אוּ ָ הֽ ֲאנָ ִשׁי ֙ם יִ ְר ָ֣אה גְדוֹ ֔ ָלה ַויּ ֹא ְמ֥רוּ God of Heaven, who made both sea and land.” The ֵא ָ֖ליו ַמה־ ֣זּ ֹאת ָ ע ִ֑שׂי ָת ִכּֽי־יָ ְד ֣עוּ ָ ה ֲאנָ ֗ ִשׁים ִכּֽי־ ִמ ִלּ ְפ ֵ֤ני ה' ,men were greatly terrified, and they asked him “What have you done?” And when the men learned ֣הוּא ב ֵֹ֔ר ַח ִ֥כּי ִ ה ִ֖גּיד ָל ֶהֽם׃ ַויּ ֹא ְמ֤רוּ ֵא ָלי ֙ו ַמה־ ַ֣נּ ֲע ֶשׂה ֔ ָלּ —that he was fleeing from the service of the LORD ְויִ ְשׁ ֥תּ ֹק ַ ה ָיּ֖ם ֵמֽ ָע ֵ֑לינוּ ִ֥כּי ַ ה ָיּ֖ם הוֹ ֵ֥ל ְוס ֵֹעֽר׃ ַו ֣יּ ֹא ֶמר for so he told them— they said to him, “What must ֲא ֵל ֗ ֶיהם ָ שׂ ֙אוּנִ ֙י ַו ֲה ִטי ֻ֣לנִי ֶאל ַ־ק ֔יָּם ְויִ ְשׁ ֥תּ ֹק ַ ה ָיּ֖ם we do to you to make the sea calm around us?” For ֵמֽ ֲע ֵלי ֶ֑כם ֚ ִכּי יוֹ ֵ֣ד ַע ָ֔אנִי ִ֣כּי ְב ֶשׁ ֔ ִלּי ַ ה ַ֧סּ ַער ַ ה ָגּ ֛דוֹל ַ ה ֶ֖זּה the sea was growing more and more stormy. He answered, “Heave me overboard, and the sea will ֲע ֵלי ֶכֽם׃ ַויַּ ְח ְתּ֣רוּ ָ ה ֲאנָ ֗ ִשׁים ְל ָה ִ֛שׁיב ֶאל ַ־היַּ ָבּ ָ֖שׁה ְו ֣א calm down for you; for I know that this terrible יָ ֑כ ֹלוּ ִ֣כּי ַ ה ֔יָּם הוֹ ֵ֥ל ְוס ֵֹ֖ער ֲ ע ֵל ֶיהֽם׃ ַויִּ ְק ְר ֨אוּ ֶאל־ה' ”.storm came upon you on my account ַויּ ֹא ְמ ֗רוּ ָא ָ֤נּה ה' אַל־ ָ֣נא נ ֹא ְב ָ֗דה ְבּ ֙נֶ ֶפ ֙שׁ ָ ה ִ֣אישׁ ַ ה ֔זֶּה Nevertheless, the men rowed hard to regain the ְואַל־ ִתּ ֵ֥תּן ָ ע ֵ֖לינוּ ָ֣דּם נָ ִ֑קיא ִכּֽי־ ַא ָ֣תּה ה' ַכּ ֲא ֶ֥שׁר ָח ַ֖פ ְצ ָתּ shore, but they could not, for the sea was growing more and more stormy about them. Then they cried ָע ִ ֽשׂי ָת׃ ַויִּ ְשׂא ֙וּ ֶאת־יוֹ ֔נָה ַויְ ִט ֻ֖להוּ ֶאל ַ־ק ָיּ֑ם ַויַּ ֲע ֥מ ֹד ַ ה ָיּ֖ם out to the LORD: “Oh, please, LORD, do not let us ִמזַּ ְע ֽפּוֹ׃ perish on account of this man’s life. Do not hold us guilty of killing an innocent person! For You, O LORD, by Your will, have brought this about.” And they heaved Jonah overboard, and the sea stopped raging.

הנני נשבע ומתחייב בהן צדקי לשמור אמונים למדינת – Text of the Tekes Hashba’ah of Tzahal Soldiers ישראל לחוקיה ולשלטונותיה המוסמכים, לקבל על I swear and commit to maintain allegiance to the" State of Israel, its laws, and its authorities, to accept עצמי ללא תנאי וללא סייג עול משמעתו של צבא הגנה upon myself unconditionally the discipline of the לישראל, לציית לכל הפקודות וההוראות הניתנות על Israel Defense Forces, to obey all the orders and ידי המפקדים המוסמכים ולהקדיש את כל כוחותיי ואף instructions given by authorized commanders, and להקריב את חיי להגנת המולדת ולחירות ישראל. to devote all my energies, and even sacrifice my life, for the protection of the homeland and the liberty of Israel."

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R. Walter Wurzberger, Ethics of Responsibility, Pg. 91 As in life boat ethics some rational system of priorities should be devised rather than resorting to random selections of patients. As painful as it may be to play God and determine who shall live as a result of our intervention and who shall die as the consequence of our nonintervention, we cannot abdicate this responsibility. Random choice can hardly qualify as a more humane method to resolve our dilemmas.

Paul Ramsey, The Patient as a Person, 1970, pg. 256 When the ultimate of life is the value at stake, and when not all lives can be saved, it can reasonably be argued that men should stand aside as far as possible from the choice of who shall live and who shall die… random selection is preferable not simply because life is a value incommensurate with all other, and so not negotiable by bartering one man’s worth against another’s. It is sustained also because we have no way of knowing how really and truly to estimate a man’s social worth.

בראשית ט׳:ו׳ Genesis 9:6 (ו) שׁ ֹ ֵפ ֙ ַ֣דּם ָ הֽאָ ָ֔דם ָבּֽאָ ָ֖דם ָדּ ֣מוֹ יִ ָשּׁ ֵ֑פ ֚ ִכּי ְבּ ֶ֣צ ֶלם Whoever sheds the blood of a person, by a person ֱא ֔ ִקים ָ ע ָ֖שׂה ֶאת ָ־האָ ָדֽם׃ shall ones blood be shed; For in God's image God made man.

בבא מציעא ס״ב א Bava Metzia 62a ורבי יוחנן האי וחי אחיך עמך מאי עביד ליה מבעי The Gemara asks: And Rabbi Yoḥanan, what ליה לכדתניא שנים שהיו מהלכין בדרך וביד אחד does he do with this verse: “And your brother shall live with you”? The Gemara answers: He מהן קיתון של מים אם שותין שניהם מתים ואם requires the verse for that which is taught in a שותה אחד מהן מגיע לישוב דרש בן פטורא מוטב baraita: If two people were walking on a desolate שישתו שניהם וימותו ואל יראה אחד מהם path and there was a jug [kiton] of water in the במיתתו של חבירו עד שבא ר' עקיבא ולימד וחי possession of one of them, and the situation was such that if both drink from the jug, both will die, אחיך עמך חייך קודמים לחיי חבירך as there is not enough water, but if only one of them drinks, he will reach a settled area, there is a dispute as to the halakha. Ben Petora taught: It is preferable that both of them drink and die, and let neither one of them see the death of the other. This was the accepted opinion until Rabbi Akiva came and taught that the verse states: “And your brother shall live with you,” indicating that your life takes precedence over the life of the other.

הוריות י״ג א Horayot 13a GEMARA: Apropos precedence, the Sages taught in a baraita: If one and his father and his גמ׳ ת"ר היה הוא ואביו ורבו בשבי הוא קודם teacher were in captivity, his release precedes his teacher’s because one’s own life takes precedence, לרבו ורבו קודם לאביו אמו קודמת לכולם חכם and his teacher’s release precedes his father’s קודם למלך ישראל חכם שמת אין לנו כיוצא בו release. His mother’s release precedes the release מלך ישראל שמת כל ישראל ראוים למלכות of all of them. A Torah scholar precedes the king of Israel, because in the case of a Sage who dies, we have no one like him, but in the case of a king of Israel who dies, all of Israel are fit for royalty.

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שמואל ב כ׳:א׳ב׳ II Samuel 20:12 (א) ְו ֨ ָשׁם נִ ְק ָ֜רא ִ֣אישׁ ְבּ ִל ֗יַּ ַעל ְוּשׁ ֛מוֹ ֶ֥ שׁ ַבע ֶבּן־ ִבּ ְכ ִ֖רי Now there happened to be there a certain base (1) ִ֣אישׁ יְ ִמי ִ֑ני ַויִּ ְת ַ֣קע ַבּשּׁ ֹ֗ ָפר ֠ ַויּ ֹא ֶמר ֵאֽין־ ֨ ָלנוּ ֜ ֵח ֶלק ְבּ ָד ִ֗וד man, whose name was Sheva, the son of Bichri, a Benjamite; and he blew the shofar, and said, ‘We ְו ֤א ַנֽ ֲח ָלה־ ָל֙נ ֙וּ ְבּ ֶבן־יִ ֔ ַשׁי ִ֥אישׁ ְלא ֹ ָה ָ֖ליו יִ ְשׂ ָר ֵאֽל׃ (ב) have no portion in David, and we have no ַו ֜יַּ ַעל ָכּל־ ִ֤אישׁ יִ ְשׂ ָר ֵאל֙ ֵמאַ ֲחֵ֣רי ָד ִ֔וד אַ ֲחֵ֖רי ֶ֣ שׁ ַבע inheritance in the son of Jesse; every man to his ֶבּן־ ִבּ ְכ ִ֑רי ְו ִ֤אישׁ יְהוּ ָד ֙ה ָדּ ְב ֣קוּ ְב ַמ ְל ֔ ָכּם ִמן ַ־היַּ ְר ֵ֖דּן tents, O Israel.’ (2) So all the men of Israel went up from following David, and followed Sheva the son ְו ַעד־יְר ָוּשׁ ָלִֽם׃...(טו) ַויָּ ֜ב ֹאוּ ַויָּ ֻ֣צרוּ ָ ע ֗ ָליו ְבּאָ ֵ֙ב ָל ֙ה ֵ֣בּית of Bichri; but the men of Judah clung to their king, ַהֽ ַמּ ֲע ֔ ָכה ַויִּ ְשׁ ְפּ ֤כוּ ֽס ֹ ְל ָל ֙ה ֶאל ָ־ה ֔ ִעיר ַוֽ ַתּ ֲע ֖מ ֹד ַבּ ֵ֑חל from the Jordan to Jerusalem...(15) And they came ְו ָכל ָ־ה ָע ֙ם ֲא ֶ֣שׁר ֶאת־יוֹ ָ֔אב ַמ ְשׁ ִחי ִ֖תם ְל ַה ִ֥פּיל ַ החוֹ ָמֽה׃ and besieged him in Abel of Bethmaacah, and they (טז) ַו ִתּ ְקָ֛רא ִא ָ֥שּׁה ֲח ָכ ָ֖מה ִמן ָ־ה ִ֑עיר ִ שׁ ְמ ֤עוּ ִ שׁ ְמע ֙וּ poured a ramp until it stood even with the outer wall; and all the people that were with Yoav ִא ְמרוּ־ ָ֣נא ֶאל־יוֹ ָ֔אב ְ קַ֣רב ַ עד ֔ ֵ־הנָּה ַו ֲא ַד ְבָּ֖רה ֵא ֶלֽי׃ battered the wall, to throw it down. (16) A wise (יז) ַויִּ ְקַ֣רב ֵא ֔ ֶל ָיה ַו ֧תּ ֹא ֶמר ָ ה ִא ָ֛שּׁה ַ ה ַא ָ֥תּה יוֹ ָ֖אב ַו ֣יּ ֹא ֶמר !woman called out from the city: "Listen! Listen ָ֑אנִי ַו ֣תּ ֹא ֶמר ֗לוֹ ְ שׁ ַמ ֙ע ִדּ ְבֵ֣רי ֲא ָמ ֔ ֶת ַו ֖יּ ֹא ֶמר שׁ ֵֹ֥מ ַע אָנֽ ֹ ִכי׃ Please say to Yoav, 'Come close to here so that I (יח) ַו ֖תּ ֹא ֶמר ֵלא ֑מ ֹר ַדּ ֨ ֵבּר יְ ַד ְבּ֤רוּ ָב ִ ֽראשׁ ֹנָ ֙ה ֵלא ֔מ ֹר ָ שׁ ֧א ֹל ;may speak to you.’" (17) So he drew close to her and the woman said: "Are you Yoav?" And he יְ ָשׁ ֲא ֛לוּ ְבּאָ ֵ֖בל ְו ֵ֥כן ֵ ה ַתֽמּוּ׃ (יט) אָנ ֹ֕ ִכי ְ שׁ ֻל ֵ֖מי ֱאמוּ ֵ֣ני answered, "I am." Then she said to him, "Hear the יִ ְשׂ ָר ֵ֑אל ַא ָ֣תּה ְמ ַב ֗ ֵקּשׁ ְל ָה ֨ ִמית ִ֤ עיר ְו ֵא ֙ם ְבּיִ ְשׂ ָר ֵ֔אל ָ֥ל ָמּה words of your maidservant." And he replied, "I am ְת ַב ַ֖לּע נַ ֲח ַ֥לת ה' (פ) (כ) ַו ַיּ֥ ַען יוֹ ָ֖אב ַויּ ֹא ַ֑מר ָח ִ֤לי ָלה listening." (18) Then she spoke, saying, "[Your ָח ִל֙י ָל ֙ה ֔ ִלי ִאם־ ֲא ַב ַ֖לּע ְו ִאם־ ַא ְשׁ ִחֽית׃ (כא) א־ ֵ֣כן men] should have spoken at the start saying, 'Let them inquire at Abel [about surrender],' for they ַה ָדּ ֗ ָבר ֡ ִכּי ִא ֩ישׁ ֵמ ֨ ַהר ֶא ְפ ַ֜ריִם ֶ֧ שׁ ַבע ֶבּן־ ִבּ ְכ ִ֣רי ְ שׁ ֗מוֹ נָ ָ֤שׂא would have made peace. (19) I represent the loyal יָד ֙וֹ ַבּ ֶ֣מּ ֶל ְבּ ָד ִ֔וד ְתּנֽוּ־א ֹ֣תוֹ ְל ַב ֔דּוֹ ְו ֵא ְל ָ֖כה ֵמ ַ֣על ָ ה ִ֑עיר faithful people of Israel. You are seeking to destroy ַו ֤תּ ֹא ֶמר ָ הֽ ִא ָשּׁ ֙ה ֶאל־יוֹ ָ֔אב ִ ה ֵנּ֥ה ר ֹ ֛אשׁוֹ ֻמ ְשׁ ָ֥ל ֵא ֶ֖לי a city in Israel? Why will you swallow up the heritage of the Lord?’ (20) And Yoav answered and ְבּ ַ֥עד ַ החוֹ ָמֽה׃ (כב) ַו ָתּבוֹ ֩א ָ ה ִא ֨ ָשּׁה ֶאל־ ָכּל ָ־ה ֜ ָעם said: ‘Far be it, far be it from me, that I should ְבּ ָח ְכ ָמ ֗ ָתהּ ַוֽיִּ ְכ ְר ֞תוּ ֶאת ֨־ר ֹאשׁ ֶ֤ שׁ ַבע ֶבּן־ ִבּ ְכ ִר ֙י ַויַּ ְשׁ ִ֣לכוּ .swallow up or destroy. (21) The matter is not so ֶאל־יוֹ ָ֔אב ַויִּ ְת ַק ֙ע ַבּשּׁוֹ ֔ ָפר ַויָּ ֻ ֥פצוּ ֵמֽ ַעל ָ־ה ִ֖עיר ִ֣אישׁ Rather, a man of the Mount Ephraim, Sheva the ְלא ֹ ָה ָ֑ליו ְויוֹ ָ֛אב ָ֥ שׁב יְר ָוּשׁ ַלִ֖ם ֶאל ַ־ה ֶמּֽ ֶל׃ (ס) son of Bichri by name, has lifted up his hand against the king, against David; deliver him alone, and I will depart from the city.’ And the woman said unto Yoav: ‘Behold, his head shall be thrown to you over the wall.’ (22) Then the woman went unto all the people in her wisdom. And they cut off the head of Sheva the son of Bichri, and threw it out to Yoav. And he blew the shofar, and they were dispersed from the city, every man to his tent. And Yoav returned to Jerusalem unto the king.

תלמוד ירושלמי תרומות מ״ז א Jerusalem Talmud Terumot 47a תני סיעות בני אדם שהיו מהלכין בדרך פגעו להן It was taught: If a group of people were traveling גוים ואמרו תנו לנו אחד מכם ונהרוג אותו ואם and they chanced upon a marauding army which demands of them, "Hand over one of your group, or לאו הרי אנו הורגים את כולכם אפי' כולן נהרגים we will kill all of you," you may not hand anyone לא ימסרו נפש אחת מישראל ייחדו להן אחד כגון over, even though all will end up being killed. If שבע בן בכרי ימסרו אותו ואל ייהרגו א"ר שמעון however they specify an individual, you may hand בן לקיש והוא שיהא חייב מיתה כשבע בן בכרי him over, as was the case of Sheva the son of Bichri. Rabbi Shimon ben Laskish says that the ורבי יוחנן אמר אע"פ שאינו חייב מיתה כשבע בן case of Sheva the son of Bichri was different since בכרי. he was liable for the the death penalty. Rabbi Yochanan says that even had he not been liable for the death penalty, [he could have been handed over].

Summary of groups being attacked: Case 1: Attacker demands any person. Law: Don't hand anyone over, because "who says that your blood is redder?" Case 2: Attacker demands a specific person. Law: Rabbi Yochanan if he was selected, you can hand him over; Rabbi Shimon ben Lakish Don't hand him over, unless he was selected AND he happened to be liable for the death penalty, like Sheva ben Bichri

Chazon Ish (Rabbi Avraham Yeshaya Karelitz, 1878 1953, lived in Bnei Brak, Israel) on Sanhedrin #25 Imagine a case where an arrow or missile was launched towards many people and a person had the power to divert the arrow or missile so that it only killed one person rather than many. It is possible to argue that this case is not similar to giving over one person to a group of idol worshipers to be killed because in that case (the act of giving up the one person) is an act of achzarit (cruelty)...In our case, it is an act of haztalah (saving life) since one's intention is to save many...and only by chance, indirectly, will the one person die (because you diverted to arrow or missile).

אסתר ד׳:י׳ט״ז Esther 4:1016 ַו ֤תּ ֹא ֶמר ֶא ְס ֵתּ ֙ר ַל ֲה ֔ ָת ַו ְתּ ַצ ֵ֖וּהוּ ֶאֽל־ ָמ ְר ֳדּ ָכֽי׃ ָכּל ַ־ע ְב ֵ֣די Esther told Hathach to take back to Mordecai the ַה ֡ ֶמּ ֶל ְו ַעם־ ְמ ִדי ֨נוֹת ַ ה ֜ ֶמּ ֶל יֽוֹ ְד ֗ ִעים ֲא ֶ֣שׁר ָכּל־ ִ֣אישׁ following reply: “All the king’s courtiers and the people of the king’s provinces know that if any ְו ִא ֡ ָשּׁה ֲא ֶ֣שׁר יָ ֽבוֹא־ ֶאל ַ־ה ֶמּ ֶל ֩ ֶאל ֶ־ה ָח ֨ ֵצר ַ ה ְפּנִי ֜ ִמית person, man or woman, enters the king’s presence ֲא ֶ֣שׁר ֽא־יִ ָקּ ֵ֗רא אַ ַ֤חת ָדּת ֙וֹ ְל ָה ֔ ִמית ֠ ְל ַבד ֵמ ֲא ֨ ֶשׁר ,in the inner court without having been summoned יֽ ִוֹשׁיט־ ֥לוֹ ַ ה ֶ֛מּ ֶל ֶאת ַ־שׁ ְר ִ֥ביט ַ הזָּ ָ֖הב ְו ָח ָי֑ה ַו ֲא ֗נִי ֤א there is but one law for him—that he be put to נִ ְק ֵ ֙ראת ֙י ָל ֣בוֹא ֶאל ַ־ה ֔ ֶמּ ֶל ֶ֖זה ְ שׁל ִ֥וֹשׁים יֽוֹם׃ ַויַּ ִ֣גּידוּ death. Only if the king extends the golden scepter to him may he live. Now I have not been ְל ָמ ְר ֳדּ ֔ ָכי ֵ֖את ִדּ ְבֵ֥רי ֶא ְס ֵתּֽר׃ (פ) ַו ֥יּ ֹא ֶמר ָמ ְר ֳדּ ַ֖כי ְל ָה ִ֣שׁיב ”.summoned to visit the king for the last thirty days ֶאל־ ֶא ְס ֵ֑תּר אַל־ ְתּ ַד ִ֣מּי ְבנַ ְפ ֔ ֵשׁ ְל ִה ָמּ ֵ֥לט ֵבּית ַ־ה ֶ֖מּ ֶל ,When Mordecai was told what Esther had said ִמ ָכּל ַ־היְּהוּ ִדֽים׃ ִ֣כּי ִאם ַ־ה ֲחֵ֣רשׁ ַתּ ֲח ִר ִישׁ ֮י ָבּ ֵ֣עת ַ הזּ ֹא ֒ת :Mordecai had this message delivered to Esther ֶ֣ר ַוח ְו ַה ָצּ ֞ ָלה יַ ֲע ֤מוֹד ַליְּהוּ ִדי ֙ם ִמ ָמּ ֣קוֹם אַ ֔ ֵחר ְו ַ֥א ְתּ Do not imagine that you, of all the Jews, will“ escape with your life by being in the king’s palace. וּ ֵבית־אָ ִ֖בי תּ ֹא ֵ֑בדוּ וּ ִ֣מי יוֹ ֵ֔ד ַע ִאם־ ְל ֵ֣עת ָכּ֔ז ֹאת ִ ה ַ֖גּ ַע ְתּ ,On the contrary, if you keep silent in this crisis ַל ַמּ ְל ֽכוּת׃ ַו ֥תּ ֹא ֶמר ֶא ְס ֵ֖תּר ְל ָה ִ֥שׁיב ֶאֽל־ ָמ ְר ֳדּ ָכֽי׃ ֵל ֩ relief and deliverance will come to the Jews from ְכּ ֨נוֹס ֶאת־ ָכּל ַ־היְּהוּ ִ֜דים ַ הֽנִּ ְמ ְצ ִ֣אים ְבּשׁ ֗ ָוּשׁן ְו ֣צוּמוּ ֠ ָ ע ַלי another quarter, while you and your father’s house ְואַל־תּ ֹא ְכ ֨לוּ ְואַל־ ִתּ ְשׁ ֜תּוּ ְ שׁ ֤ ֶשׁת יָ ִמי ֙ם ַ֣ליְ ָלה ָו ֔יוֹם will perish. And who knows, perhaps you have attained to royal position for just such a crisis.” ַגּם־ ֲא ִנ֥י ְונַ ֲער ֹ ַ֖תי אָ ֣צוּם ֵ֑כּן וּ ְב ֞ ֵכן אָ ֤בוֹא ֶאל ַ־ה ֶ֙מּ ֶל ֙ :Then Esther sent back this answer to Mordecai ֲא ֶ֣שׁר ֽא־ ַכ ָ֔דּת ְו ַכ ֲא ֶ֥שׁר אָ ַ֖ב ְד ִתּי אָ ָבֽ ְד ִתּי׃ ,Go, assemble all the Jews who live in Shushan“ and fast in my behalf; do not eat or drink for three days, night or day. I and my maidens will observe the same fast. Then I shall go to the king, though it is contrary to the law; and if I am to perish, I shall perish!”

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Compromising a law that is Bein Adam La'Makom (between man and God)

יומא פ״ה ב Yoma 85b ר' שמעון בן מנסיא אומר (שמות לא, טז) ושמרו :Rabbi Shimon ben Menasya said: It is stated בני ישראל את השבת אמרה תורה חלל עליו שבת ,And the children of Israel shall keep Shabbat“ to observe Shabbat” (Exodus 31:16).The Torah אחת כדי שישמור שבתות הרבה א"ר יהודה אמר said: Desecrate one Shabbat on his behalf so he שמואל אי הואי התם הוה אמינא דידי עדיפא will observe many Shabbatot. Rav Yehuda said מדידהו (ויקרא יח, ה) וחי בהם ולא שימות בהם that Shmuel said: If I would have been there among those Sages who debated this question, I would have said that my proof is preferable to theirs, as it states: “You shall keep My statutes and My ordinances, which a person shall do and live by them” (Leviticus 18:5), and not that he should die by them. In all circumstances, one must take care not to die as a result of fulfilling the mitzvot.

Compromising a law that is Bein Adam La'Chaveiro (between man and man)

בבא קמא ס׳ ב Bava Kamma 60b רב הונא אמר גדישים דשעורים דישראל הוו דהוו Rav Huna stated a different explanation of the מטמרי פלשתים בהו וקא מיבעיא ליה מהו להציל verse: There were stacks of barley belonging to Jews in which the Philistines were hiding, and עצמו בממון חבירו שלחו ליה אסור להציל עצמו David wanted to burn down the stacks to kill the בממון חבירו אבל אתה מלך אתה [ומלך] פורץ Philistines and save his own life. He raised the לעשות לו דרך ואין מוחין בידו dilemma: What is the halakha? Is it permitted to save oneself by destroying the property of another? They sent the following answer to him: It is prohibited to save oneself by destroying the property of another. But you are king, and a king may breach the fence of an individual in order to form a path for himself, and none may protest his action, i.e., the normal halakhot of damage do not apply to you since you are king.

יומא פ״ג ב Yoma 83b ר' יהודה ור' יוסי הוו קא אזלי באורחא אחזיה The Gemara relates that Rabbi Yehuda and Rabbi בולמוס לר' יהודה קפחיה לרועה אכליה לריפתא Yosei were walking on the road when Rabbi Yehuda was seized with bulmos. He overpowered א"ל ר' יוסי קפחת את הרועה a nearby shepherd and ate the bread that the shepherd had in his hand, since his life was in danger. Rabbi Yosei said to him: You have robbed that shepherd.

חושן משפט שנ״ט:ד׳ Shulchan Arukh, Choshen Mishpat 359:4 אפי' הוא בסכנת מות וצריך לגזול את חבירו כדי Even if he's in dire danger and needs to steal from להציל נפשו צריך שלא יקחנו אלא על דעת לשלם his friend in order to save his soul, he should not take it unless with the intent to pay. (וע"ל סי' ש"פ ס"ג):

תשובות הרדב"ז חלק ג תתרנ״א:ה׳ Teshuvot HaRadbaz Volume 3 1051:5 תשובה ותו דכתיב דרכיה דרכי נועם וצריך Further, it is written [of Torah] “its ways are... שמשפטי תורתינו יהיו מסכימים אל השכל pleasant ways” [Proverbs 3:17] and the Torah’s laws must be consistent with intellect and logic. והסברא

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets Setting a Trap to Injure an Intruder Source Sheet by Tavi Koslowe

Is there a requirement to warn a potential criminal?

משנה תורה, הלכות רוצח ושמירת נפש א׳:ו׳ז׳ Mishneh Torah, Murderer and the Preservation of ָהרוֹ ֵדף אַ ַחר ֲח ֵברוֹ ְל ָה ְרגוֹ ֲא ִפלּוּ ָ היָה ָ הרוֹ ֵדף ָ ק ָטן Life 1:67 ֲה ֵרי ָכּל יִ ְשׂ ָר ֵאל ְמ ֻצ ִוּין ְל ַה ִצּיל ַ הנִּ ְר ָדּף ִמיַּד ָ הרוֹ ֵדף When a person is pursuing another with the intention of killing him even if the pursuer is a ַו ֲא ִפלּוּ ְבּנַ ְפשׁוֹ ֶ שׁל רוֹ ֵדף: ֵכּי ַצד. ִאם ִ הזְ ִהירוּהוּ ַו ֲה ֵרי minor every Jewish person is commanded to הוּא רוֹ ֵדף אַ ֲח ָריו אַף ַ על ִפּי ֶ שׁא ִ ק ֵבּל ָ ע ָליו ַה ְת ָראָה attempt to save the person being pursued, even if it ֵכּי ָון ֶ שׁ ֲע ַדיִן הוּא רוֹ ֵדף ֲ ה ֵרי זֶה נֶ ֱה ָרג. ְו ִאם יְכוֹ ִלים is necessary to kill the pursuer. What are the ְל ַה ִצּילוֹ ְ בּ ֵא ָיבר ֵמ ֵאי ְב ֵרי ָ הרוֹ ֵדף ְכּגוֹן ֶ שׁיַּכּוּ אוֹתוֹ specifics? If the pursuer was warned and continues to pursue his intended victim, even though he did ְבּ ֵחץ אוֹ ְבּ ֶא ֶבן אוֹ ְבּ ַסיִף ְויִ ְק ְטעוּ ֶאת יָדוֹ אוֹ יִ ְשׁ ְבּרוּ not acknowledge the warning, since he continues ֶאת ַ רגְלוֹ אוֹ יְ ַסמּוּ ֶאת ֵ עינוֹ ע ִוֹשׂין. ְו ִאם [ ֵאינָן] his pursuit he should be killed. If it is possible to יְכוֹ ִלין ְל ַכ ֵוּן וּ ְל ַה ִצּילוֹ ֶא ָלּא ִאם ֵכּן ֲ ה ָרגוּהוּ ַלרוֹ ֵדף save the pursued by damaging one of the limbs of the pursuer, one should. Thus, if one can strike him ֲה ֵרי ֵאלּוּ ה ְוֹרגִין אוֹתוֹ אַף ַ על ִפּי ֶ שׁ ֲע ַדיִן א ָ ה ַרג with an arrow, a stone or a sword, and cut off his hand, break his leg, blind him or in another way prevent him from achieving his objective, one should do so. If there is no way to be precise in one's aim and save the person being pursued without killing the pursuer, one should kill him, even though he has not yet killed his victim.

בבא קמא ס״ט א Bava Kamma 69a אמר רבן שמעון בן גמליאל במה דברים אמורים .The Gemara resumes the citation from the mishna בשביעית דהפקר נינהו אבל בשאר שני שבוע Rabban Shimon ben Gamliel said: In what case is this statement, that vineyards of the fourth year הלעיטהו לרשע וימות and of orla require a sign warning others not to eat them, said? During the Sabbatical Year. The Gemara explains: The reason is that all fruit that grows during that year may be taken by anyone (see Leviticus 25:5–6), as in that year all fruit is considered to be ownerless property. The mishna continues: But during the other years of the Sabbatical cycle, when anyone who takes the grapes of another is guilty of theft, there is no requirement to put up a sign warning others not to eat these forbidden fruits. This is in accordance with the adage: Feed it to the wicked man and let him die. That is, one is not required to take precautions to protect the wicked from the consequences of their own sins. Here too, there is no obligation to warn a thief that the grapes he is stealing are prohibited. Is there a difference between killing someone with my hands and setting up a trap to do it?

משנה תורה, הלכות רוצח ושמירת נפש ב׳:א׳ Mishneh Torah, Murderer and the Preservation of ב׳ Life 2:12 ָכּל ַ הה ֵוֹרג ֲח ֵברוֹ ְבּיָדוֹ ְכּגוֹן ֶ שׁ ִה ָכּהוּ ְבּ ַסיִף אוֹ ְבּ ֶא ֶבן If anyone killed another with his own hand, as ַה ְמּ ִמי ָתה. אוֹ ֶ שׁ ֲחנָקוֹ ַ עד ֶ שׁ ֵמּת. אוֹ ְ שׂ ָרפוֹ ְבּ ֵאשׁ. when he struck him down with a sword or a deadly rock, strangled him to death or burned him alive, he הוֹ ִאיל ַו ֲה ָרגוֹ ִמ ָכּל ָמקוֹם הוּא ְבּ ַע ְצמוֹ ֲ ה ֵרי זֶה נֶ ֱה ָרג must be executed by the court, because at any rate ְבּ ֵבית ִדּין: ֲא ָבל ַ השּׂוֹ ֵכר ה ֵוֹרג ַל ֲהר ֹג ֶאת ֲח ֵברוֹ אוֹ ,he murdered a man by himself. On the other hand ֶשׁ ָשּׁ ַלח ֲ ע ָב ָדיו ַו ֲה ָרגוּהוּ. אוֹ ֶ שׁ ְכּ ָפתוֹ ְו ִהנִּיחוֹ ִל ְפנֵי if a man hired a murderer to kill somebody, or sent servants to kill him, or tied him up and put him in ָה ֲא ִרי ְו ַכיּוֹ ֵצא בּוֹ ַו ֲה ָרגַ ְתהוּ ַחיָּה. ְו ֵכן ַ הה ֵוֹרג ֶאת front of a lion or similar beast and it killed him, and ַע ְצמוֹ. ָכּל ֶא ָחד ֵמ ֵאלּוּ שׁוֹ ֵפ ָדּ ִמים הוּא. ַו ֲעוֹן ֲ ה ִריגָה also if an individual attempted suicide, each of ְבּיָדוֹ ְו ַחיָּב ִמי ָתה ַל ָשּׁ ַמיִם. ְו ֵאין ָבּ ֶהן ִמי ַתת ֵבּית ִדּין: these is guilty of shedding blood and bears the crime of murder; he deserves to die by an act of God, but is not executed by the court.

בבא קמא מ״ז ב Bava Kamma 47b דתניא הנותן סם המות לפני בהמת חבירו פטור it is taught in a baraita: One who places poison § מדיני אדם וחייב בדיני שמים before another’s animal is exempt according to human laws but liable according to the laws of Heaven.

תוספות על בבא קמא מ״ז ב Tosafot on Bava Kamma 47b היינו טעמא כיון שבמתכוין מביא עליו דבר The reason that the owner of the food is not liable שמזיקו אינו ראוי זה להתחייב בכך: for the damages in a human court is because the animal willingly brought the damage onto itself, therefore it is not appropriate for the owner of the food to bear responsibility.

Can I protect my home however I want?

מסכת דרך ארץ רבה ה׳:ג׳ Tractate Derekh Eretz Rabbah 5:3 לעולם יהיו כל בני אדם חשובין לפניך כלסטים. Always consider strangers as burglars, and at the והוי מכבדן כרבן גמליאל. ומעשה ברבי יהושע same time honor them as if each of them were Rabban Gamliel himself. It happened to שהשכים אצלו אדם. ונתן לו אכילה ושתיה ,Rebbi Yehoshua that a man arrived at his house והעלהו לגג לשכב ונטל סולם מתחתיו. מה עשה and he gave him food to eat and drink, and he אותו האיש. עמד בחצי הלילה. ונטל את הכלים brought him up to the roof to allow him to sleep וכרכן בטליתו וכיון שביקש לירד נפל מן הגג there, and then he removed the stepladder leading to the roof. The man was indeed a thief, and he ונשברה מפרקתו. לשחרית השכים רבי יהושע arose by night, and took things of value that Rebbi ובא מצאו כשהוא נופל. אמר לו ריקה כך עושין Yehoshua had on the roof and packed them up in בני אדם שכמותך. אמר לו רבי לא הייתי יודע his garment, and in the attempt to descend and steal the items he fell down and almost broke his neck. שנטלת את הסולם מתחתי. אמר לו ריקה אי אתה When Rebbi Yehoshua arrived in the morning and יודע שמאמש היינו זהירין בך. מכאן א״ר יהושע found him in that condition, he said to him: "You idiot, is this the way people like you act?" He (בן לוי) לעולם יהיו כל בני אדם בעיניך כלסטים answered: "Rabbi, I did not suspect that a person והוי מכבדן כרבן גמליאל: like you would remove the ladder." And Rebbi Yehoshua responded: "Fool, didn't you notice yesterday that I was already cautious about you?" From that time on Rebbi Yehoshua declared that strangers strangers should always be considered as burglars, and still one should honor them as he would Rabban Gamaliel.

בבא קמא ט״ו ב Bava Kamma 15b מדרבי נתן דתניא רבי נתן אומר מניין שלא יגדל The justification for this is from the ruling of אדם כלב רע בתוך ביתו ואל יעמיד סולם רעוע Rabbi Natan, as it is taught in a baraita: Rabbi Natan says: From where is it derived that one בתוך ביתו תלמוד לומר (דברים כב, ח) לא תשים may not raise a vicious dog in his house, and one דמים בביתך ?may not set up an unstable ladder in his house The verse states: “You shall not bring blood into your house” (Deuteronomy 22:8), i.e., one may not allow a hazardous situation or item to remain in one’s house. As long as the belligerent dog or cat is still alive, the owner is in violation of this verse and therefore the court may excommunicate him for failing to remove the danger.

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets Balancing my Risk with my Responsibility Source Sheet by Tavi Koslowe

My Responsibility

סנהדרין ע״ג א Sanhedrin 73a גופא מניין לרואה את חברו שהוא טובע בנהר או Concerning the matter itself, it is taught in a חיה גוררתו או לסטין באין עליו שהוא חייב baraita: From where is it derived that one who sees another drowning in a river, or being להצילו ת"ל לא תעמוד על דם רעך והא מהכא dragged away by a wild animal, or being נפקא מהתם נפקא אבדת גופו מניין ת"ל והשבותו ?attacked by bandits, is obligated to save him לו The verse states: “You shall not stand idly by the blood of another” (Leviticus 19:16). The Gemara asks about this derivation: But is this obligation to save another really derived from here? Couldn't it be derived from there, i.e., from a different verse, as it is taught: The Torah teaches that one must return lost property to its rightful owner. But from where is it derived that one must help his neighbor who may suffer the loss of his body or his health? The verse states: “And you shall restore it [vahashevato] to him [lo]” (Deuteronomy 22:2), which can also be read as: And you shall restore him [vehashevato] to him, i.e., saving his body.

What if there is risk involved?

תלמוד ירושלמי תרומות מ״ז א Jerusalem Talmud Terumot 47a רבי אימי איתצד בסיפסיפה אמר ר' יונתן יכרך .Rav Imi was captured in a dangerous area. R המת בסדינו אמר ר' שמעון בן לקיש עד דאנא .Yochanan stated "Wrap the dead in his shrouds." R Shimon ben Lakish responded "I will either kill or קטיל אנא מתקטיל אנא איזיל ומשיזיב ליה .be killed, I will go with might and save him בחיילא. תשובות הרדב"ז חלק ה א׳תקפ״ב:ב׳ Teshuvot HaRadbaz Volume 5 1582:2 תשובה ומ"מ אם הספק נוטה אל הודאי אינו חייב However, if the potential danger leans toward למסור עצמו להציל את חבירו ואפי' בספק מוכרע certainty, he is not obligated to put himself in such a position for another's benefit. And even if the אינו חייב למסור נפשו דמאי חזית דדמא דידך potential is fiftyfifty, he is not obligated, for "why סומק טפי דילמא דמא דידיה סומק טפי אבל אם ,would it be certain that your blood is redder הספק אינו מוכרע אלא נוטה אל ההצלה והוא לא perhaps his blood is redder." But if the danger is יסתכן ולא הציל עבר על לא תעמוד על דם רעך. not even fiftyfifty, but leans toward saving another without his being endangered, one violates "Do not הנראה לע"ד כתבתי: stand idly by the blood of your fellow" if one does not save him. So it seems in my opinion.

American Red Cross Blood donation is safe for healthy adults. There’s no risk of contracting disease. New, sterile equipment is used for each donor. Some people may feel nauseous, lightheaded, or dizzy after donating blood. If this happens, it should only last a few minutes. A 2008 study found a small decrease in the risk of certain cancers in people who regularly donated blood.

VeryWellHealth.com Bone Marrow is usually withdrawn under a general anesthetic in the operating room using sterile technique. During the procedure, approximately 2 liters of bone marrow is withdrawn. This may seem like a large amount, but it represents less than 10% of your bone marrow. It may help to know that your body makes over 20 billion blood cells in your bone marrow every day. The number of cells in your bone marrow is usually completely back to normal levels within 4 to 6 weeks, though your body can function perfectly fine in the meantime. Risks related to donating bone marrow are mostly related to the risk of the surgical procedure. Anytime you have surgery, there are the risks of general anesthesia as well as the risk of bleeding and infection. According to the National Marrow Donor Program, 2.4% of people who donate bone marrow experience a serious complication. Very few bone marrow donors suffer any longterm complications from their donation. Around the world, researchers looked at over 27,000 people who had donated bone marrow in 35 countries. Of these people, there was one death and 12 serious events (mostly heart related) that were felt to be related to bone marrow donation.

National Kidney Foundation Kidney donors' survival was similar to that of the general population when matched for age, sex, and race or ethnic group. Of 3,700 donors, the need for dialysis or transplant developed in only 11 donors, which is actually a lower rate than in the general population. Donors reported their quality of life was “excellent.”

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets End of Life Ethics Source Sheet by Tavi Koslowe

שמואל א ל״א:ב׳ו׳ I Samuel 31:26 ַויַּ ְד ְבּ ֣קוּ ְפ ִל ְשׁ ֔ ִתּים ֶאת ָ־שׁ ֖אוּל ְו ֶאת־ ָבּ ָ֑ניו ַויַּ ֣כּוּ ְפ ִל ְשׁ ֗ ִתּים The Philistines pursued Saul and his sons, and the ֶאת־יְהוֹנָ ָ֧תן ְו ֶאת־ ֲא ִבינָ ָ֛דב ְו ֶאת־ ַמ ְל ִכּי ֖־שׁ ַוּע ְבּ ֵנ֥י Philistines struck down Jonathan, Abinadab, and Malchishua, sons of Saul. The battle raged around ָשׁ ֽאוּל׃ ַו ִתּ ְכ ַ֤בּד ַ ה ִמּ ְל ָח ָמ ֙ה ֶאל ָ־שׁ ֔אוּל ַויִּ ְמ ָצ ֻ ֥אהוּ Saul, and some of the archers hit him, and he was ַהמּ ִ֖וֹרים ֲאנָ ִ֣שׁים ַבּ ָ֑קּ ֶשׁת ַו ָיּ֥ ֶחל ְמ ֖א ֹד ֵמ ַהמּ ִ ֽוֹרים׃ ַו ֣יּ ֹא ֶמר severely wounded by the archers. Saul said to his ָשׁאוּל֩ ְלנ ֹ ֨ ֵשׂא ֵכ ֜ ָליו ְ שׁ ֥ף ַח ְר ְבּ ֣ ׀ ְו ָד ְקֵ֣רנִי ֗ ָבהּ armsbearer, “Draw your sword and run me ֶפּן־֠יָבוֹאוּ ָ ה ֲע ֵר ֨ ִלים ָ ה ֵ֤א ֶלּה וּ ְד ָק ֻ ֙רנִ ֙י ְו ִה ְת ַע ְלּלוּ־ ֔ ִבי ְו ֤א through, so that the foreigners may not run me through and make sport of me.” But his arms אָ ָב ֙ה נ ֹ ֵ֣שׂא ֵכ ֔ ָליו ִ֥כּי יֵָ֖רא ְמ ֑א ֹד ַויִּ ַ֤קּח ָ שׁאוּל֙ ֶאת ַ־ה ֔ ֶח ֶרב bearer, in his great awe, refused; whereupon Saul ַויִּ ֖פּ ֹל ָ ע ֶלֽ ָיה׃ ַו ַיּ֥ ְרא נ ֹ ֵ ֽשׂא־ ֵכ ָ֖ליו ִ֣כּי ֵ֣מת ָ שׁ ֑אוּל ַויִּ ֥פּ ֹל grasped the sword and fell upon it. When his arms ַגּם ֛־הוּא ַ על־ ַח ְר ֖בּוֹ ַו ָיּ֥ ָמת ִ ע ֽמּוֹ׃ ַו ָיּ֣ ָמת ָ שׁ ֡אוּל ְוּשׁ ֣ ֶשׁת bearer saw that Saul was dead, he too fell on his sword and died with him. Thus Saul and his three ָבּנָי ֩ו ְונ ֹ ֨ ֵשׂא ֵכ ֜ ָליו ַ֧גּם ָכּל־ ֲאנָ ָ֛שׁיו ַבּ ֥יּוֹם ַ ה ֖הוּא יַ ְח ָדּֽו׃ ,sons and his armsbearer, as well as all his men died together on that day.

כתובות ק״ד א Ketubot 104a ההוא יומא דנח נפשיה דרבי גזרו רבנן תעניתא It is related that on the day that Rabbi Yehuda ובעו רחמי ואמרי כל מאן דאמר נח נפשיה דר' HaNasi died, the Sages decreed a fast, and begged for divine mercy so that he would not die. ידקר בחרבסליקא אמתיה דרבי לאיגרא אמרה And they said: Anyone who says that Rabbi עליוני' מבקשין את רבי והתחתוני' מבקשין את Yehuda HaNasi has died will be stabbed with a רבי יהי רצון שיכופו תחתונים את העליונים כיון sword. The maidservant of Rabbi Yehuda דחזאי כמה זימני דעייל לבית הכסא וחלץ תפילין HaNasi ascended to the roof and said: The heavens are requesting the presence of Rabbi ומנח להו וקמצטער אמרה יהי רצון שיכופו Yehuda HaNasi, and those on earth are עליונים את התחתוניםולא הוו שתקי רבנן .requesting the presence of Rabbi Yehuda HaNasi מלמיבעי רחמי שקלה כוזא שדייא מאיגרא May it be the will of God that those on earth should impose their wishes over the wishes of [לארעא] אישתיקו מרחמי ונח נפשיה דרבי heaven. However, when she saw how many times he would enter the bathroom and remove his Tefillin, and then exit and put them back on, and how he was suffering with his intestinal disease, she changed her mind and said: May it be the will of God that the heavens should impose their wishes upon those on earth. Meanwhile, the Sages who were praying for his life would not be silent, from begging for mercy so that Rabbi Yehuda HaNasi would not die. So she took a jug and threw it from the roof to the ground. Due to the sudden noise, the Sages were momentarily silent and paused their praying, and, in that moment, Rabbi Yehuda HaNasi died. יורה דעה של״ט:א׳ Shulchan Arukh, Yoreh De'ah 339:1 (א) ַ הגּוֹ ֵסס, ֲ ה ֵרי הוּא ְכּ ַחי ְל ָכל ְדּ ָב ָריו... ֵאין שׁוֹ ְמ ִטין One who is dying is like a living person for all (1) ַה ַכּר ִמ ַתּ ְח ָתּיו, ְו ֵאין נוֹ ְתנִין אוֹתוֹ ַ על ַגּ ֵבּי חוֹל, ְוא his affairs... They do not remove the pillow from under him, and they do not place him on sand nor ַעל ַגּ ֵבּי ַח ְר ִסית ְוא ַ על ַגּ ֵבּי ֲא ָד ָמה, ְו ֵאין נוֹ ְתנִין ַ על on clay nor on earth, and they do not place a pot or ְכּ ֵרסוֹ, א ְ ק ָע ָרה, ְוא ַמ ֵגְר ָפה, ְוא ְצלוֹ ִחית ֶ שׁל a trowel or a pitcher of water or a grain of salt on ַמיִם, ְוא ַגּ ְר ִגּיר ֶ שׁל ֶמ ַלח... ְו ֵאין ְמ ַע ְמּ ִצין ֵ עינָיו ַ עד his stomach..., and they do not close his eyes, until ֶשׁ ֵתּ ֵצא נַ ְפשׁוֹ. ְו ָכל ַ ה ְמּ ַע ֵמּץ ִ עם יְ ִציאַת ַ הנֶּ ֶפשׁ, ֲ ה ֵרי זֶה his soul departs. And anyone who closes with the departure of the soul, behold this one spills blood... שׁוֹ ֵפ ָדּ ִמים... ַה ָגּ ְה: ו ֵכ ִן אָסוּר לגְר ֹ ַם ל ֵמּ ֶת שׁיָּ ְמוּת מ ֵה ָרה, And so it is forbidden to cause the dead person to ְכּ ִגוֹן מ ֶי שׁ ֵהוּא גּוֹסס זְ ַמן אָר ֹ ְ ו ַא יוּכ ְל ל ִה ָפּ ֵר ְד, אָסוּר ל ִה ָשּׁ ֵמט die quickly. Such as one who was dying for a long ַה ַכּ ְר ו ַה ֶכּ ֶס ִת מ ַתּ ְח ָתּ ִיו, מכּ ֹ ַח ֶ שׁ ְאוֹמ ִר ֶין שׁיֵּ ִשׁ נוֹצוֹת מ ְק ָצת עוֹפוֹת time and he could not separate, it is forbidden to remove the pillow or the mattress from underneath ֶשׁ ְגּוֹר ִמים זֶ ְה ו ֵכן א יְזִיזֶ ִנּוּ מ ְמּ ְקוֹמוֹ. ו ֵכ ָן אָסוּר ל ַשׂוּם מ ְפ ְתּחוֹת him, because they say that there are feathers of ַב''ה תּ ַחת ר ֹ ְאשׁוֹ, כּ ֵד ֶי שׁיִּ ָפּ ֵר ֲד. א ָב ִל אם יֵ ָשׁ שׁ ָם דּ ָב ֶר שׁ ֵגּוֹרם some birds that cause this, and similarly they ִעכּוּב יְ ִצ ַיאַת הנֶּ ֶפ ְשׁ, כּ ֶגוֹן שׁיֵּ ָשׁ ס ְמוּ ל ַאוֹתוֹ בּיִ ֵת קוֹל דּוֹפק, should not move him from his place. And similarly ְכּ ֵגוֹן חוֹט ֵב ע ִצ ֶים, אוֹ שׁיֵּ ֶשׁ מ ַל ַח ע ְל ל ְשׁוֹנוֹ ו ֵא ְלּוּ מ ַע ְכּ ִבים it is forbidden to place the keys of the synagogue under his head, in order that he take leave. But if יְ ִצ ַיאַת הנֶּ ֶפ ֻשׁ, מ ָתּ ַר ל ֲה ִס ִירוֹ מ ָשּׁ ְם, דּ ֵא ָין בּזֶ ַה מ ֲע ֶשׂ ְה כּ ָל ֶל, א ָלּא there is something there that is causing delay in the ֶשׁ ֵמּ ִס ַיר המּוֹנֵ ַע. departure of the soul, such as if there is a banging noise next to that house, such as a wood chopper, or there is salt on his tongue, and these are preventing the departure of the soul, it is permitted to remove it from there, that in this there is no activity at all, rather he removes the barrier.

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets Intro to Jewish Business Ethics Source Sheet by Tavi Koslowe

משלי ט״ז:ח׳ Proverbs 16:8 טוֹב־ ֭ ְמ ַעט ִבּ ְצ ָד ָ֑קה ֵמ֥ר ֹב ֝ ְתּבוּ ֗אוֹת ְבּ ֣א ִמ ְשׁ ָפּֽט׃ Better a little with righteousness than a large income with injustice.

שבת ל״א א Shabbat 31a אמר רבא בשעה שמכניסין אדם לדין אומרים לו Rava said: After departing from this world, when a נשאת ונתת באמונה person is brought to judgment for the life he lived in this world, they say to him: Did you conduct business faithfully?

מכילתא דרבי ישמעאל ט״ו:כ״ו:א׳ Mekhilta d'Rabbi Yishmael 15:26:1 והישר בעיניו תעשה זה משא ומתן מלמד שכל מי This refers to integrity in one's business dealings שנושא ונותן באמונה ורוח הבריות נוחה הימנו with others. We are hereby taught that if one deals in business faithfully with others, such that society מעלין עליו כאלו קיים את כל התורה כולה. takes pleasure in dealing with him, it is awarded to him as if he fulfilled the entire Torah.

ויקרא י״ט:ל״הל״ו Leviticus 19:3536 א־ ַת ֲע ֥שׂוּ ָ֖ ע ֶול ַבּ ִמּ ְשׁ ָ֑פּט ַבּ ִמּ ָ֕דּה ַבּ ִמּ ְשׁ ָ֖קל וּ ַב ְמּשׂ ָ ֽוּרה׃ You shall not commit a corruption in judgement; in ֧מ ֹאזְנֵי ֶ֣צ ֶדק אַ ְבנֵי־ ֗ ֶצ ֶדק ֵ֥אי ַפת ֶ֛צ ֶדק ְו ִ֥הין ֶ֖צ ֶדק יִ ְה ֶי֣ה dry measure, in weight, or in liquid measure. Exact scales and exact weights, an exact dry measure and ָל ֶ֑כם ֲאנִ ֙י ה' ֱא ֽ ֵקי ֔ ֶכם ֲא ֶשׁר־הוֹ ֵ֥צא ִתי ֶא ְת ֶ֖כם ֵמ ֶ֥א ֶרץ an exact liquid measure you shall have for ִמ ְצָ ֽריִם׃ yourselves, I am Adonoy, your God who has taken you out of the land of Egypt.

דברים כ״ה:י״גט״ז Deuteronomy 25:1316 (יג) ֽא־יִ ְה ֶי֥ה ְל ֛ ְבּ ִכֽי ְס ֖ ֶ֣א ֶבן ָו ָ֑א ֶבן ְגּדוֹ ָ֖לה ְוּק ַט ָנּֽה׃ You shall not have in your bag different weights, a (13) large and a small. (14) You shall not have in your (ס) (יד) א־יִ ְה ֶי֥ה ְל ֛ ְבּ ֵבי ְת ֖ ֵאי ָ֣פה ְו ֵאי ָ֑פה ְגּדוֹ ָ֖לה house different measures, a large and a small. (15) A ְוּק ַט ָנּֽה׃ (טו) ֶ֣א ֶבן ְ שׁ ֵל ָ֤מה ָו ֶ֙צ ֶד ֙ק ִי ֽ ְהיֶה־ ֔ ָלּ ֵאי ָ֧פה ְ שׁ ֵל ָ֛מה perfect and just weight shall you have; a perfect and ָו ֶ֖צ ֶדק ִי ֽ ְהיֶה־ ָ֑לּ ְל ַ֙מ ַע ֙ן יַ ֲא ִ֣ריכוּ יָ ֔ ֶמי ֚ ַ על ָ הֽ ֲא ָד ֔ ָמה just measure shall you have; that your days may be ֲא ֶשׁר־ה' ֱא ֶ֖קי נ ֹ ֵ֥תן ָלֽ׃ (טז) ִ֧כּי ת ֲוֹע ַ֛בת ה' ֱא ֶ֖קי long upon the land which the Lord your God gives ָכּל ֣־ע ֹ ֵשׂה ֵ֑א ֶלּה ֖כּ ֹל ֥ ע ֹ ֵשׂה ָ עֽ ֶול׃ (פ) you. (16) For everyone who does such things, everyone who does wrong is an abomination to the Lord your God.

יבמות כ״א א Yevamot 21a דא"ר לוי קשה עונשין של מדות יותר מעונשין של As Rabbi Levi said: The harshness of the עריות punishment for using dishonest measures is more than the punishment for transgressing the prohibition of forbidden relationships

Exodus 22:2426 Exodus 22:2426 ִאם ֶכּ ֶסף ַתּ ְל ֶוה ֶאת ַ ע ִמּי ֶאת ֶ ה ָענִי ִ ע ָמּ א ִת ְהיֶה לוֹ If you lend money to My people, to the poor among ְכּנ ֹ ֶשׁה א ְת ִשׂימוּן ָ ע ָליו נֶ ֶשׁ: ִאם ָחב ֹל ַתּ ְחבּ ֹל ַ שׂ ְל ַמת you, do not act toward them as a creditor; you should exact no interest from them. If you take ֵר ֶע ַ עד בּ ֹא ַ ה ֶשּׁ ֶמשׁ ְתּ ִשׁי ֶבנּוּ לוֹ: ִכּי ִ הוא ְכסוּתוֹ your neighbor's clothing as a collateral, you must ְל ַב ָדּהּ ִ הוא ִ שׂ ְמ ָלתוֹ ְלע ֹרוֹ ַבּ ֶמּה יִ ְשׁ ָכּב ְו ָהיָה ִכּי יִ ְצ ַעק return it to him before the sun sets; it is his only ֵא ַלי ְו ָשׁ ַמ ְע ִתּי ִכּי ַחנּוּן אָנִי: clothing, the sole covering for his skin. In what else shall he sleep? Therefore, if he cries out to Me, I will pay heed, for I am compassionate.

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets Fair Competition: Hasagat Gevul Source Sheet by Tavi Koslowe

דברים י״ט:י״ד Deuteronomy 19:14 (יד) ֤א ַת ִסּי ֙ג ְגּ ֣בוּל ֵ ֽ ר ֲע ֔ ֲא ֶ֥שׁר ָגּ ְב ֖לוּ ִ ראשׁ ִֹ֑נים You shall not move your countryman’s (14) ְבּנַ ֲח ָלֽ ְת ֙ ֲא ֶ֣שׁר ִתּנְ ֔ ַחל ָבּ ָ֕א ֶרץ ֲא ֶשׁ ֙ר ה' ֱא ֔ ֶקי נ ֹ ֵ֥תן ְל ֖ landmarks, set up by previous generations, in the property that will be allotted to you in the land that ְל ִר ְשׁ ָתּֽהּ׃ (ס) .the LORD your God is giving you to possess

יומא ל״ח ב Yoma 38b ומשלך יתנו לך אין אדם נוגע במוכן לחבירו ואין and from your own they shall give you. Everyone מלכות נוגעת בחברתה אפי' כמלא נימא has a portion designated for him by God, and the individual is privileged to receive what is coming to him. The principle is: No person may touch that which is prepared for another by God; everyone receives what is designated for him. And one reign does not overlap with another and deduct from the time allotted it even a hairbreadth. When the time comes for one kingdom to fall, its successor takes over immediately, as no king rules during the time designated for another.

בבא בתרא כ״א ב Bava Batra 21b אמר רב הונא האי בר מבואה דאוקי ריחיא ואתא Rav Huna said: There was a certain resident of an בר מבואה חבריה וקמוקי גביה דינא הוא דמעכב alleyway who set up a mill in the alleyway and earned his living grinding grain for people. And עילויה דא"ל קא פסקת ליה לחיותי ... אמר רב subsequently another resident of the alleyway came הונא בריה דרב יהושע פשיטא לי בר מתא אבר and wished to set up a mill next to his. The halakha מתא אחריתי מצי מעכב ואי שייך בכרגא דהכא is that the first one may prevent him from doing so לא מצי מעכב בר מבואה אבר מבואה דנפשיה לא if he wishes, as he can say to him: You are disrupting my livelihood by taking my customers... מצי מעכב Rav Huna, son of Rav Yehoshua, says: It is obvious to me that a resident of one town can prevent a resident of another town from establishing a similar business in the locale of the first individual. However, if he (the second mill owner) pays the tax of that town (just like the original owner), then the original owner cannot prevent competition from doing business there, as he too is considered a resident of the town.

Hasagat Gevul: Economic Competition in Jewish Law by Rabbi Chaim Jachter http://www.jlaw.com/Articles/hasagatgevul.html

Five Cases of Consensus

Although most issues of competition are subject to debate, there are at least five cases where nearly all authorities appear to agree.

I. Better Prices or Merchandise The Rama rules that a new competitor may not be restricted if his prices or the quality of his merchandise are preferable for the consumers. If the old merchant was charging a high price, he explains, the new competitor may charge a more reasonable one. However, if the old merchant was charging a reasonable price, such that further lowering his price would prevent him from turning a profit, the new competitor may not open.

II. Necessary Monopolies The Chatam Sofer rules that communities should ensure that industries which require monopoly protection (i.e., protection from competition) receive it. Rav Dr. Aaron Levine (Free Enterprises and Jewish Law, pp. 1920) suggests that power companies and urban transportation are contemporary examples of enterprises that need monopoly protection in order to survive. Some may argue that basic Jewish service providers in small Jewish communities similarly need monopoly protection to survive.

III. Teaching Torah The Gemara (Bava Batra 21b22a) states that even Rav Huna permits unrestricted competition in the area of Torah education, since competition fosters improved Torah knowledge (kin'at sofrim tarbeh chochmah).

IV. Business Districts Many contemporary authorities believe that a competing store occasionally enhances the business of the first storeowner. Under certain circumstances, the new store helps transform the area into a center for a certain type of businesses. Residents of Manhattan are familiar with garment districts, flower districts, furniture districts, and other similar commercial zones. Such areas attract large amounts of consumers, who spend more money than if they were patronizing a single store. Rav Moshe D. Tendler (in a lecture at Yeshiva University) and Rav Basri (personal communication) permit competition in such circumstances, as the original storeowners benefit from the newcomers.

V. Contemporary Neighborhoods It should be noted that changing patterns in the geography of business impact halachic discussions of competition. Many businesses today do not cater exclusively to their local neighborhoods. For example, the Tel Aviv Beit Din has written that competition between insurance agents should not be restricted according to the distinction between local residents and outsiders, as the insurance industry is not a neighborhoodbased field (Piskei Din Rabaniyim 6:3). Following this reasoning, geographic location would not limit stores that conduct much of their business through the World Wide Web.

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שמות ב׳:י״גט״ו Exodus 2:1315 ַויֵּ ֵצ ֙א ַבּ ֣יּוֹם ַ ה ֵשּׁ ֔נִי ְו ִה ֵנּ֛ה ְ שׁ ֵנֽי־ ֲאנָ ִ֥שׁים ִ ע ְב ִ֖רים נִ ִ֑צּים When he went out the next day, he found two ַו ֙יּ ֹא ֶמ ֙ר ָלֽ ָר ֔ ָשׁע ָ֥ל ָמּה ַת ֶ֖כּה ֵ ר ֶעֽ׃ ֠ ַויּ ֹא ֶמר ִ֣מי ָ ֽ שׂ ְמ ֞ ְל ִ֨אישׁ Hebrews fighting; so he said to the offender, “Why do you strike your fellow?” He retorted, “Who ַ֤שׂר ְושׁ ֹ ֵפ ֙ט ָ ע ֔ ֵלינוּ ַ ה ְל ָה ְר ֙גֵנִ ֙י ַא ָ֣תּה א ֹ֔ ֵמר ַכּ ֲא ֶ֥שׁר ָ הַ֖רגְ ָתּ made you chief and ruler over us? Do you mean to ֶאת־ ַה ִמּ ְצ ִ֑רי ַויִּ ָ֤ירא מ ֹ ֶשׁ ֙ה ַויּ ֹא ֔ ַמר אָ ֵ֖כן נוֹ ַ֥דע ַ ה ָדּ ָבֽר׃ kill me as you killed the Egyptian?” Moses was ַויִּ ְשׁ ַ֤מע ַפּ ְרע ֹ ֙ה ֶאת ַ־ה ָדּ ָ֣בר ַ ה ֔זֶּה ַויְ ַב ֵ֖קּשׁ ַל ֲה֣ר ֹג !frightened, and thought: Then the matter is known ֶאת־מ ֹ ֶ֑שׁה ַויִּ ְבַ֤רח מ ֹ ֶשׁ ֙ה ִמ ְפּ ֵ֣ני ַפ ְר ֔ע ֹה ַו ֵיּ֥ ֶשׁב When Pharaoh learned of the matter, he sought to kill Moses; but Moses fled from Pharaoh. He ְבּ ֶאֽ ֶרץ־ ִמ ְד ָי֖ן ַו ֵיּ֥ ֶשׁב ַ עֽל ַ־ה ְבּ ֵאֽר׃ arrived in the land of Midian, and sat down beside a well.

שמות רבה א׳:ל״א Shemot Rabbah 1:31 ַויִּ ְשׁ ַמע ַפּ ְרע ֹה, ֶ שׁ ָע ְמדוּ ָדּ ָתן ַו ֲא ִב ָירם ְו ִה ְל ִשׁינוּ ָ ע ָליו. When Pharaoh learned of the matter for Datan ַויְ ַב ֵקּשׁ ַל ֲהר ֹג ֶאת ֶמשׁה, ָ שׁ ַלח ַפּ ְרע ֹה ְו ֵה ִביאוּ ַסיִּף and Aviram had reported Moshe's actions. Pharaoh wanted to kill Moshe, so he ֶשׁ ֵאין ְכּמוֹ ָתהּ, וּנְ ָתנוֹ ֶ ע ֶשׂר ְפּ ָע ִמים ַ על ַצ ָוּארוֹ ְונַ ֲע ָשׂה requested a sword like none other. They struck ַצ ָוּארוֹ ֶשׁל ֶמשׁה ְכּ ַעמּוּד ַ ה ֵשּׁן ְוא ִ הזִּ ַיקתּוּ, ֶ שׁנֶּ ֱא ַמר his neck with it ten times, but Moshe's neck had (שיר השירים ז, ה): ַצ ָוּ ֵאר ְכּ ִמגְ ַדּל ַ ה ֵשּׁן. .become hard as a pillar and was not injured

משנה תורה, הלכות חובל ומזיק ח׳:ט׳י׳ Mishneh Torah, One Who Injures a Person or אָסוּר ִל ְמס ֹר ָ האָ ָדם ְבּיַד ַ עכּוּ''ם ֵבּין ְבּגוּפוֹ ֵבּין Property 8:910 ְבּ ָממוֹנוֹ. ַו ֲא ִפלּוּ ָ היָה ָ ר ָשׁע וּ ַב ַעל ֲ ע ֵברוֹת ַו ֲא ִפלּוּ ָ היָה It is forbidden to turn a Jew over into the hands of a heathen, whether physically or financially, even if ֵמ ֵצר לוֹ וּ ְמ ַצ ֲערוֹ. ְו ָכל ַ המּוֹ ְסרוֹ ְבּיַד ַ עכּוּ''ם ֵבּין ְבּגוּפוֹ he happens to be wicked and sinful, and even if he ֵבּין ְבּ ָממוֹנוֹ ֵאין לוֹ ֵח ֶלק ָלעוֹ ָלם ַ ה ָבּא: ֻמ ָתּר ַל ֲהר ֹג is the cause of one's distress and pain. Anyone who ַהמּוֹ ֵסר ְבּ ָכל ָמקוֹם ַו ֲא ִפלּוּ ַבּזְּ ַמן ַ הזֶּה ֶ שׁ ֵאין ָדּנִין ִדּינֵי ,hands a Jew over into the hands of heathen נְ ָפשׁוֹת. וּ ֻמ ָתּר ְל ָה ְרגוֹ ק ֹ ֶדם ֶ שׁיִּ ְמס ֹר ֶא ָלּא ְכּ ֶשׁאָ ַמר whether physically or financially, has no share in the world to come. An informer may be slain ֲה ֵרינִי מוֹ ֵסר ְפּלוֹנִי ְבּגוּפוֹ אוֹ ְבּ ָממוֹנוֹ. ַו ֲא ִפלּוּ ָממוֹן anywhere, even at the present time when Jewish ַקל ִ ה ִתּיר ַ ע ְצמוֹ ְל ִמי ָתה. וּ ַמ ְת ִרין לוֹ ְואוֹ ְמ ִרין לוֹ אַל courts do not try capital cases. It is permissible to ִתּ ְמס ֹר. ִאם ֵ ה ֵעז ָפּנָיו ְואָ ַמר א ִכּי ֶא ָלּא ֶא ְמ ְס ֶרנּוּ slay him before he has informed. As soon as he says that he is about to inform against an individual ִמ ְצ ָוה ְל ָה ְרגוֹ ְו ָכל ַ הקּוֹ ֵדם ְל ָה ְרגוֹ זָ ָכה: or his property, even a small amount of money, he has surrendered himself to death [as an outlaw]. He must be warned and told: "Do not inform." If he has acted impudently, replying: "Not so, I will inform against him," it is a religious duty to slay him ; whoever hastens to kill him attains merit.

From: Informing on Others for Violating American Law: A Jewish Law View by Rabbi Michael J. Broyde https://www.jlaw.com/Articles/mesiralaw2.html

A. The View of Rabbi Eliezer Yehuda Waldenberg: No Prohibition to Inform when Government is Just There is a difference between primitive and enlightened governments as is noted by the Aruch Hashulchan where it states that "every issue related to informing found in the Talmud and Halacha deals with those far away places where no one was secure in his money or body because of the bandits and pirates, even those who had authority, as we know nowadays in places like Africa...which is not the case here in Europe." (The author of the Aruch Hashulchan, R' Yechiel Michel Epstein, lived in Lithuania in the late 1800's). Assuming one lives in a just society, they may inform the authorities.

B. The View of Rabbi Ezra Batzri: There Are No Just Legal Systems and No Just Prisons Rabbi Batzri posits that even when the external justice system seems to work, nonetheless the executive and judicial systems are so deeply fraught with exceptions, and extrajudicial misconduct, and coerced confessions, that one must assume injustice will occur and thus informing on a fellow Jew remains generally prohibited, with two exceptions: Exception #1 when the person being informed upon is violent, for the welfare of the community, they should be informed upon. Exception #2 when the violation would not bring about any dependence on the executive or judicial systems, I.e. a parking violation, they may be informed upon.

C. The View of Rabbi Feinstein : It Depends on the Type of Crime If the approach of Rabbi Feinstein is correct, one divides cases of informing into three types of categories: Category #1 when the person being informed upon is an individual who is violent, or threatens violence, or induces harm to others or endangers the welfare of the community. Such a person may be informed upon, as Jewish law recognizes the need to remove these people from the community. Category #2 In cases where the judgement outcome is identical in secular law and Jewish law, Rabbi Feinstein would say that there is no problem of informing, as there is no damage. Category #3 In all other cases, informing is prohibited, and is subject to the rules of informing.

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סידור אשכנז, ימי חול, תפילת שחרית, קריאת Siddur Ashkenaz, Weekday, Shacharit, Keriat התורה, קריאת התורה, ברכת התורה ג׳ Hatorah, Reading from Sefer, Birkat Hatorah 3 ָבּ ַרוּ א ָתּ ֱה ה' א ֵלק ֶינוּ מ ֶל ָ ה ָעולם. ֲא ֶשׁ ָר בּ ַח ָר בּ ִנוּ מ ָכּ ָל ה ַע ִמּים ְ. ו ָנ ַת ָן ל ֶנוּ את Blessed are you God, Sovereign of the Universe, who chose us from all of the nations, and gave us his Torah. ָתּורתו.

תוספתא בבא קמא י׳:ח׳ Tosefta Bava Kamma 10:8 הגוזל את הנכרי חייב להחזיר לנכרי חמור גזל One who steals from a nonJew is obligated to הנכרי מגזל ישראל מפני חילול השם. return the item to the nonJew. The law is stricter than it is for one who steals from a Jew because of the desecration of Gd's name.

R' Ovadia Yosef, Yabi'a Omer Responsa, Part 8, Orach Chaim

So we find that nowadays there is a fear of greater animosity; and if Jewish doctors forbore from treating Gentile patients on Sabbath, letting them die from their diseases, this would bring a mortal danger upon the Jews for if Gentile doctors learned of such conduct, they would also cease treating Jewish patients, and hatred and jealousy towards the Jews would spread, endangering lives; so it is certain that the excuse proposed by the Talmud for a Jew [so that he may explain his avoidance from healing a Gentile], "We may desecrate the Sabbath [only] in order to save our folk, who observe the Sabbath," would not work nowadays. Furthermore, it follows that the main intent of a doctor, who desecrates the Sabbath by performing a kind of labor forbidden by the Torah in order to treat a Gentile patient, is to prevent mortal danger from coming upon Jews who are treated by Gentile doctors for nowadays the media are greatly developed, and the matter will be spread in a moment over the whole earth, to all the corners of the world.

גיטין ס״א א Gittin 61a ת"ר: מפרנסים עניי נכרים עם עניי ישראל, Our rabbis taught: We provide for the gentiles' poor ומבקרין חולי נכרים עם חולי ישראל, וקוברין with Israel's poor, we visit gentiles' sick with Israel's sick, and we bury the gentiles' dead with מתי נכרים עם מתי ישראל מפני דרכי שלום: .Israel's dead, due to the ways of peace

ספר החינוך רל״ז:ב׳ג׳ Sefer HaChinukh 237:23 שרש מצוה זו ידוע, כי כמו שיציל האחד את חברו The root of this commandment is wellknown just כן חברו יציל אותו ויתישב העולם בכך, והאל as one will save his fellow, so too, will his fellow save him. And thus the world will be inhabited like חפץ בישובו כי לשבת יצרה... ונוהגת בכל מקום this, and God desires its habitation, as 'He created it ובכל זמן בזכרים ונקבות. והעובר עליה ונמנע to be inhabited.' ...And it is practiced in every place מלהציל ויש יכלת בידו עבר על לאו. and at all times by males and females. And one who transgresses it and refrains from saving another and has the ability to do so has violated this negative commandment. משנה תורה, הלכות מלכים ומלחמות י׳:י״ב Mishneh Torah, Kings and Wars 10:12 (יב) ְו ֵכן יֵ ָר ֶאה ִלי ֶ שׁנּ ֲוֹהגִין ִ עם ֵגּ ֵרי תּ ָוֹשׁב ְבּ ֶד ֶר ֶא ֶרץ And so it appears to me that we treat a (12) וּגְ ִמילוּת ֲח ָס ִדים ְכּיִ ְשׂ ָר ֵאל. ֶ שׁ ֲה ֵרי אָנוּ ְמ ֻצ ִוּין Resident Convert as we would a Jew, that is with respect and lovingkindness, since we are ְל ַה ֲחיוֹ ָתן ֶ שׁנֶּ ֱא ַמר (דברים יד, כא) " ַל ֵגּר ֲא ֶשׁר commanded to sustain and support them, as it ִבּ ְשׁ ָע ֶרי ִתּ ְתּנֶנָּה ַו ֲא ָכ ָלהּ"... ֲא ִפלּוּ ָ ה ַעכּוּ''ם ִצוּוּ says, “to the stranger who is within your gates ֲח ָכ ִמים ְל ַב ֵקּר חוֹ ֵל ֶיהם ְו ִל ְקבּ ֹר ֵמ ֵת ֶיהם ִ עם ֵמ ֵתי .you shall give so that he may eat of it” (Deut יִ ְשׂ ָר ֵאל וּ ְל ַפ ְרנֵס ֲ ענִיֵּ ֶיהם ִבּ ְכ ַלל ֲ ענִיֵּי יִ ְשׂ ָר ֵאל ִמ ְפּנֵי And that that our Sages have...(14:21 commanded us to visit their sick and bury their ַדּ ְר ֵכי ָ שׁלוֹם. ֲ ה ֵרי נֶ ֱא ַמר (תהילים קמה, ט) "טוֹב ה' dead along with Jewish dead, and sustain their ַלכּל ְו ַר ֲח ָמיו ַ על ָכּל ַמ ֲע ָשׂיו". ְונֶ ֱא ַמר (משלי ג, יז) poor alongside the poor of Israel for the “sake of " ְדּ ָר ֶכ ָיה ַד ְר ֵכי נ ֹ ַעם ְו ָכל נְ ִתיבוֹ ֶת ָיה ָ שׁלוֹם": peace”, since it says, “Gd is good to all, and His mercies extend upon all his works” (Psalms 145:9) and it says, “her ways are ways of pleasantness, and all her paths are peace" (Proverbs 3:17).

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בבא מציעא כ״ד ב Bava Metzia 24b רב יהודה הוה שקיל ואזיל בתריה דמר שמואל The Gemara relates: Rav Yehuda was once בשוקא דבי דיסא א"ל מצא כאן ארנקי מהו אמר moving along behind Mar Shmuel in the market where pounded grain was being sold. Rav Yehuda ליה הרי אלו שלו בא ישראל ונתן בה סימן מהו said to Shmuel: If one found a wallet here in the א"ל חייב להחזיר תרתי אמר ליה לפנים משורת market, what is the halakha? Shmuel said to him הדין כי הא דאבוה דשמואל אשכח הנך חמרי that the halakha is as the mishna states: These במדברא ואהדרינהו למרייהו לבתר תריסר ירחי belong to him (there is no need to return this item to its owner, as he likely gave up hope on ever שתא לפנים משורת הדין :getting it back). Rav Yehuda asked him further What if a Jew came and provided a distinguishing mark to describe it (and prove that it belongs to him), what is the halakha? Shmuel said to him: Then the finder is obligated to return it. Rav Yehuda asked: You have presented to me two contradictory rulings!? Shmuel said to him: By the letter of the law, it belongs to the finder. When I said the finder is obligated to return it if he learns the identity of the owner, that was beyond the letter of the law. This is similar to another incident where Shmuel’s father once found donkeys in the desert and returned them to their owner even after the passage of twelve months of the year, as he acted lifnim mishurat hadin "beyond the letter of the law."

Based on this source, how would you describe the difference between "the letter of the law" and "beyond the letter of the law"?

בבא מציעא ל״ג א Bava Metzia 33a גמ׳ מנא הני מילי אמר רב יהודה אמר רב אמר GEMARA: The Gemara asks: From where are these matters learned from? Rav Yehuda says that קרא (דברים טו, ד) אפס כי לא יהיה בך אביון Rav says that the verse states: “Only so that שלך קודם לשל כל אדם ואמר רב יהודה אמר רב ”there shall be no needy among you כל המקיים בעצמו כך סוף בא לידי כך: Deuteronomy 15:4). This verse can be understood) as a command, indicating that it is incumbent upon each individual to ensure that he will not become needy. Therefore, your property takes precedence over the property of any other person. And Rav Yehuda says that Rav says: Although that is the halakha, anyone who stubbornly fulfills this principle with regard to his property at the expense of others’ property ultimately comes to experience that fate. He will become impoverished, and others will prioritize their interests at his expense.

רש"י על בבא מציעא ל״ג א Rashi on Bava Metzia 33a כל המקיים בעצמו כך אף על פי שלא הטילו Anyone who fulfills this for themselves Even עליו הכתוב יש לאדם ליכנס לפנים משורת הדין though the Torah does not place upon him [this obligation], a person has to go beyond the letter of ולא לדקדק שלי קודם אם לא בהפסד מוכיח ואם the law and not be overly stubborn in caring תמיד מדקדק. פורק מעליו עול ג"ח וצדקה וסוף about their own things first, if it is not a case of a שיצטרך לבריות: proven loss. [This person] removes the imperative of doing kindness and tzedaka from upon themselves and in the end will find themselves in need of others.

בבא מציעא ל׳ ב Bava Metzia 30b אשר יעשון זו לפנים משורת הדין דאמר ר' יוחנן It was taught in the baraita: “That they must לא חרבה ירושלים אלא על שדנו בה דין תורה perform”; that is referring to acting beyond the letter of the law, as Rabbi Yoḥanan says: אלא דיני דמגיזתא לדיינו אלא אימא שהעמידו Jerusalem was destroyed due to the fact that דיניהם על דין תורה ולא עבדו לפנים משורת they were determining cases on the basis of הדין: ,Torah law in the city. The Gemara asks: Rather what else should they have done?! Should they rather have adjudicated cases on the basis of arbitrary decisions!? Rather, say: That they established their rulings on the basis of Torah law and did not act lifnim mishurat hadin "go beyond the letter of the law."

ישעיהו נ״ח Isaiah 58 (א) ְ קָ֤רא ְבגָרוֹ ֙ן אַל־ ַתּ ְח ֔שׂ ֹ ַכּשּׁוֹ ָ֖פר ָ הֵ֣רם קוֹ ֶ֑ל ְו ַה ֵ֤גּד Cry with full throat, without restraint; Raise (1) your voice like a ram’s horn! Declare to My people ְל ַע ִמּ ֙י ִפּ ְשׁ ֔ ָעם וּ ְל ֵ֥בית יַ ֲע ֖ק ֹב ַחטּ ֹא ָתֽם׃ (ב) ְואוֹ ֗ ִתי ֥יוֹם their transgression, to the House of Jacob their sin. יוֹ ֙ם יִ ְדר ֹ ֔שׁוּן ְו ַ֥ד ַעת ְדּ ָר ַ֖כי יֶ ְח ָפּ ֑צוּן ְכּ֞גוֹי ֲא ֶשׁר־ ְצ ָד ָ֣קה To be sure, they seek Me daily, eager to learn (2) ָע ֗ ָשׂה וּ ִמ ְשׁ ַ֤פּט ֱא ָקי ֙ו ֣א ָ ע֔זָב יִ ְשׁאָל֙וּנִ ֙י ִמ ְשׁ ְפּ ֵטי־ ֔ ֶצ ֶדק My ways. Like a nation that does what is right, that ִק ְר ַ֥בת ֱא ִ֖קים יֶ ְח ָפּ ֽצוּן׃ (ג) ָ֤ל ָמּה ַ֙צּ ְמנ ֙וּ ְו ֣א ָ ר ִ֔אי ָת has not abandoned the laws of its God, They ask ִע ִנּ֥ינוּ נַ ְפ ֵ֖שׁנוּ ְו ֣א ֵת ָ֑דע ֵ֣ הן ְבּ ֤יוֹם ֽצ ֹ ְמ ֶכ ֙ם ִתּ ְמ ְצאוּ־ ֔ ֵח ֶפץ Me for the right way, they are eager for the nearness of God: (3) “Why, when we fasted, did ְו ָכל ַ־ע ְצּ ֵבי ֶ֖כם ִתּנְ ֽגּ ֹשׂוּ׃ (ד) ֵ֣ הן ְל ִ֤ריב וּ ַמ ָצּ ֙ה ָתּ ֔צוּמוּ You not see? When we starved our bodies, did You וּ ְל ַה ֖כּוֹת ְבּ ֶא ֣גְר ֹף ֶ֑ ר ַשׁע א־ ָת ֣צוּמוּ ַכ ֔יּוֹם ְל ַה ְשׁ ִ֥מ ַיע pay no heed?” Because on your fast day You see to ַבּ ָמּ֖רוֹם קוֹ ְל ֶכֽם׃ (ה) ֲ ה ָכ֗זֶה ִי ֽ ְהיֶ ֙ה ֣צוֹם ֶא ְב ָח ֵ֔רהוּ ֛יוֹם (your business And oppress all your laborers! (4 Because you fast in strife and contention, And you ַע ֥נּוֹת אָ ָ֖דם נַ ְפ ֑שׁוֹ ֲ ה ָל ֨כ ֹף ְכּאַגְ ֜מ ֹן ר ֹ ֗אשׁוֹ ְו ַ֤שׂק ָו ֵ֙א ֶפ ֙ר strike with a wicked fist! Your fasting today is not יַ ֔ ִצּ ַיע ֲ ה ָלזֶ ֙ה ִתּ ְק ָרא־ ֔צוֹם ְו ֥יוֹם ָ ר ֖צוֹן ַלה'׃ (ו) ֲ ה ֣לוֹא זֶ ֮ה such As to make your voice heard on high. (5) Is ֣צוֹם ֶא ְב ָח ֵרה ֒וּ ַפּ ֵ֙תּ ַ֙ח ַח ְר ֻצ ֣בּוֹת ֶ֔ ר ַשׁע ַ ה ֵ֖תּר ֲאגֻ ֣דּוֹת מוֹ ָ֑טה such the fast I desire, A day for men to starve their ְו ַשׁ ַ֤לּח ְ רצוּ ִצי ֙ם ָח ְפ ֔ ִשׁים ְו ָכל־מוֹ ָ֖טה ְתּנַ ֵתּֽקוּ׃ (ז) ֲ ה ֨לוֹא bodies? Is it bowing the head like a bulrush And lying in sackcloth and ashes? Do you call that a ָפ֤ר ֹס ָלֽ ָר ֵע ֙ב ַל ְח ֔ ֶמ ַו ֲענִ ִיּ֥ים ְמרוּ ִ֖דים ָ֣תּ ִביא ָ֑ביִת ,fast, A day when the LORD is favorable? (6) No ִכּֽי־ ִת ְר ֶ֤אה ָ ער ֹ ֙ם ְו ִכ ִסּי ֔תוֹ וּ ִמ ְבּ ָשׂ ְר ֖ ֥א ִת ְת ַע ָלּֽם׃ (ח) ָ֣אז this is the fast I desire: To unlock fetters of יִ ָבּ ַ֤קע ַכּ ַ֙שּׁ ַח ֙ר א ֶ֔וֹר ַו ֲא ֻר ָכ ְת ֖ ְמ ֵהָ֣רה ִת ְצ ָ֑מח ְו ָה ַ֤ל wickedness, And untie the cords of the yoke To let ְל ָפ ֙נֶי ֙ ִצ ְד ֔ ֶק ְכּ ֥בוֹד ה' יַאַ ְס ֶפֽ׃ (ט) ָ֤אז ִתּ ְק ָר ֙א ַוה' (the oppressed go free; To break off every yoke. (7 It is to share your bread with the hungry, And to יַ ֲע ֔נֶה ְתּ ַשׁ ַ֖וּע ְוי ֹא ַ֣מר ִ ה ֵ֑נּנִי ִאם־ ָתּ ִ֤סיר ִמ ֽתּוֹ ְכ ֙ מוֹ ֔ ָטה take the wretched poor into your home; When you ְשׁ ַ֥לח ֶא ְצ ַ֖בּע ְו ַד ֶבּר־ ָאֽ ֶון׃ (י) ְו ָת ֵ֤פק ָלֽ ָר ֵע ֙ב נַ ְפ ֔ ֶשׁ ְו ֶנ֥ ֶפשׁ see the naked, to clothe him, And not to ignore נַ ֲע ָ֖נה ַתּ ְשׂ ִ֑בּ ַיע ְוזַָ֤רח ַבּ ֙ח ֹ ֶשׁ ֙ א ֶ֔וֹר ַו ֲא ֵפ ָל ְת ֖ ַכּֽ ָצּ ֳהָ ֽריִם׃ your own kin. (8) Then shall your light burst through like the dawn And your healing spring up quickly; Your Vindicator shall march before you, The Presence of the LORD shall be your rear guard. (9) Then, when you call, the LORD will answer; When you cry, He will say: Here I am. If you banish the yoke from your midst, The menacing hand, and evil speech, (10) And you offer your compassion to the hungry And satisfy the famished creature— Then shall your light shine in darkness, And your gloom shall be like noonday.

Matthew 23:2325 23“Woe to you, scribes and Pharisees, hypocrites! For you tithe mint, dill, and cumin, but have neglected the weightier matters of the law: justice and mercy and faith. It is these you ought to have practiced without neglecting the others. 24You blind guides! You strain out a gnat but swallow a camel! 25“Woe to you, scribes and Pharisees, hypocrites! For you clean the outside of the cup and of the plate, but inside they are full of greed and selfindulgence.

ברכות ז׳ א Berakhot 7a מאי מצלי אמר רב זוטרא בר טוביה אמר רב יה"ר The Gemara asks: What does God pray? To whom מלפני שיכבשו רחמי את כעסי ויגולו רחמי על does God pray? Rav Zutra bar Tovia said that Rav said: מדותי ואתנהג עם בני במדת רחמים ואכנס להם God says: May it be My will that My mercy will לפנים משורת הדין. overcome My anger towards Israel for their transgressions, and may My mercy prevail over My other attributes through which Israel is punished, and may I conduct myself toward My children, Israel, with the attribute of mercy, and may I enter before them beyond the letter of the law.

M ade with the Sefaria Source Sheet Builder www.sefaria.org/sheets A Communal Response to a Criminal Source Sheet by Tavi Koslowe

What if punishing the criminal will lead them to further abandon their religion?

יורה דעה של״ד:א׳ Shulchan Arukh, Yoreh De'ah 334:1 העובר על דבר איסור מנדין אותו לאלתר: הגה One who willingly violates a prohibition may be excommunicated immediately. The Rama adds that ומנדין למי שהוא חייב נדוי ואפי' יש לחוש שעל ידי כן יצא one who is worthy of excommunication should be לתרבות רעה אין לחוש בכך: excommunicated even if that means that, as a result, they will turn to even further evil ways.

טורי זהב על שולחן ערוך יורה דעה של״ד:א׳ Turei Zahav on Shulchan Arukh, Yoreh De'ah ואפילו יש לחוש שע"י כן יצא לתרבות רעה. 334:1 תמיה לי האי מילתא טובא דהיאך נחוש לאיסור I am shocked at these words (of the Rama)! How can we focus on the prohibition that this person did שעושה זה ונביאהו לידי תרבות רעה ח"ו if, by doing so, will bring that person to further their evil ways Chas V'Shalom.

תשובות הרדב"ז חלק א קפ״ז:ב׳ Teshuvot HaRadbaz Volume 1 187:2 תשובה כל ימי אני מצטער על זה כי על כן תפוג I've been troubled by this question (of whether to תורה ואין כח לכוף את הרשעים ועל זה אני excommunicate a criminal) my whole life because there is the possibility of the Torah being מתפלל בכל יום שלא תארע תלקה על ידי אבל diminished and there is no way to force the wicked מ"מ אגיד לך דעתי בזה... אם באנו לחוש לזה from their ways and, about this, I pray every day תתבטל התורה לגמרי כיון שיתפרסם הדבר that I should not make a mistake in שבשביל חששא זו אנו מעלימים עינינו מהרשעים judgement...Once we concern ourselves with the possibility that the violator will turn further away, בני עולה יוסיפו לחטוא וירבה הגזל והחמס the Torah will be annulled altogether, because once והניאוף וכיוצא בזה ולא מתקיים התורה אלא it becomes known that out of this concern we turn בשרידים... ואע"ג שכתבתי כל זה להלכה מ"מ יש our eyes away from the wicked, evildoers will continue sinning, and theft, violence, adultery and למנהיג הדור להיות מתון בדברים כאלה לפי שאין the like will abound, and Torah will be fulfilled כל האנשים שוין ולא כל העבירות שוות הא כיצד only by a small remnant...While I have written all אדם שהוא רגיל בעבירו' ובוטח בעצמו בטענתו this as Halacha, nevertheless, the leader of each אין חוששין לו ויהי' מה שיהי' ונעמיד התורה ואם generation must be very cautious in regard to such matters, because not everybody is the same, and not אינו רגיל וקרוב הדבר שישמע ממשיכין אותו all sins are the same...A person who is accustomed בדברים עד שישוב מעט מעט ואין ממהרין to sinning and feels confident with himself in his להענישו מפני התקלה וכן כל כיוצא בזה והכל לפי claim, we do not concern ourselves with him, and ראות עיני הדיין המנהיג ובלבד שיהיו כל מעשיו we uphold the Torah, come what may. But if he is not accustomed, and he will likely listen, we draw לשם שמים: ,him close with words until he returns somewhat and we do not rush to punish him, because this can lead to negative outcomes...Everything must be done as the judge and leader sees fit, provided that all his actions are done for the sake of Heaven.

What is the view on collective punishment?

יורה דעה של״ד:ו׳ Shulchan Arukh, Yoreh De'ah 334:6 הגה ויש רשות לבית דין להחמיר עליו שלא ימולו בניו The Rama says that the Jewish Court has the right to impose upon this criminal that his children will ושלא יקבר אם ימות ולגרש את בניו מבית הספר ואשתו not be circumcised, that he will not be given a מבית הכנסת עד שיקבל עליו הדין: Jewish burial, to banish his children from their school, and his wife from attending their shul until he accepts his judgement.

דברים כ״ד:ט״ז Deuteronomy 24:16 ֽא־יוּ ְמ ֤תוּ אָבוֹ ֙ת ַ על־ ָבּ ֔נִים וּ ָב ִ֖נים א־יוּ ְמ ֣תוּ Parents shall not be put to death for children, nor ַעל־אָ ֑בוֹת ִ֥איש ְבּ ֶח ְט ֖אוֹ יוּ ָמֽתוּ׃ (ס) children be put to death for parents: a person shall be put to death only for his own crime.

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Biblical Jails: Holding Cell

ויקרא כ״ד:י״אי״ב Leviticus 24:1112 (יא) ֠ ַויִּקּ ֹב ֶבּן ָ־הֽ ִא ֨ ָשּׁה ַ היִּ ְשׂ ְר ֵא ִ֤לית ֶאת ַ־ה ֵשּׁ ֙ם ַויְ ַק ֔ ֵלּל The son of the Israelite woman pronounced the (11) ַויָּ ִ֥ביאוּ א ֹ֖תוֹ ֶאל־מ ֹ ֶ֑שׁה ְו ֵ֥שׁם ִא ֛מּוֹ ְ שׁ ִ֥מית ַבּת־ ִדּ ְב ִ֖רי Name in blasphemy, and he was brought to Moses —now his mother’s name was Shelomith daughter ְל ַמ ֵטּה־ ָדֽן׃ (יב) ַויַּנִּי ֻ֖חהוּ ַ בּ ִמּ ְשׁ ָ֑מר ִל ְפ֥ר ֹשׁ ָל ֶ֖הם ַ על־ ִ֥פּי of Dibri of the tribe of Dan— (12) and he was ה'׃ (פ) placed in custody, until the decision of the LORD should be made clear to them.

במדבר ט״ו:ל״גל״ד Numbers 15:3334 (לג) ַויַּ ְק ִ֣ריבוּ א ֹ֔תוֹ ַ המּ ֹ ְצ ִ֥אים א ֹ֖תוֹ ְמק ֹ ֵ֣שׁשׁ ֵ ע ִ֑צים Those who found him as he was gathering (33) wood brought him before Moses, Aaron, and the ֶאל־מ ֹ ֶשׁ ֙ה ְו ֶאֽל־ ֲאַה ֔ר ֹן ְו ֶ֖אל ָכּל ָ־ה ֵע ָדֽה׃ (לד) ַויַּ ִ֥נּיחוּ whole community. (34) He was placed in custody, א ֹ֖תוֹ ַ בּ ִמּ ְשׁ ָ֑מר ֚ ִכּי ֣א פ ַֹ֔רשׁ ַמה־יֵּ ָע ֶ֖שׂה ֽלוֹ׃ (ס) for it had not been specified what should be done to him.

Talmudic Models: Solitary Confinement

משנה סנהדרין ט׳:ה׳ Mishnah Sanhedrin 9:5 (ה) ִמי ֶ שׁ ָלּ ָקה ְו ָשׁנָה, ֵבּית ִדּין ַמ ְכנִי ִסים אוֹתוֹ ְל ִכ ָפּה One who is lashed [as punishment for a (5) וּ ַמ ֲא ִכי ִלין אוֹתוֹ ְ שׂע ִֹרין ַ עד ֶ שׁ ְכּ ֵרסוֹ ִמ ְת ַבּ ָקּ ַעת. ַ הה ֵוֹרג ,[transgression] and then repeats [that transgression the court puts him in the dome and feeds him נֶ ֶפשׁ ֶ שׁא ְב ֵע ִדים, ַמ ְכנִי ִסין אוֹתוֹ ְל ִכ ָפּה וּ ַמ ֲא ִכי ִלין barley until his stomach bursts. One who kills אוֹתוֹ ֶל ֶחם ַצר וּ ַמיִם ָל ַחץ: someone in the absence of witnesses, they put him in the dome and feed him sparing bread and scant water.

סנהדרין פ״א ב Sanhedrin 81b ומאי כיפה אמר רב יהודה מלא קומתו והיכא The Gemara clarifies: And what is the nature of רמיזא אמר ריש לקיש (תהלים לד, כב) תמותת this dome? Rav Yehuda says: It is a small chamber that is the full height of the transgressor, רשע רעה and it does not allow him to move in it. The Gemara asks: And where is this punishment intimated? Reish Lakish said that it is intimated in the verse: “Evil shall kill the wicked” (Psalms 34:22). Ultimately, an evildoer finds his demise through his evil, and the result is this harsh form of death. A Restorative Model: Monetary Compensation and Eved Ivri

שמות כ״ב:א׳ב׳ Exodus 22:12 (א) ִאם־ ַבּ ַמּ ְח ֶ֛תּ ֶרת יִ ָמּ ֵ֥צא ַ ה ַגּ ָ֖נּב ְו ֻה ָ֣כּה ָו ֵ֑מת ֵ֥אין ֖לוֹ If the thief is seized while tunneling, and he is (1) beaten to death, there is no bloodguilt in his case. ָדּ ִמֽים׃ (ב) ִאם־זָ ְר ָ֥חה ַ ה ֶ֛שּׁ ֶמשׁ ָ ע ָ֖ליו ָדּ ִ֣מים ֑לוֹ ַ שׁ ֵ֣לּם (2) If the sun has risen on him, there is bloodguilt in יְ ַשׁ ֔ ֵלּם ִאם־ ֵ֣אין ֔לוֹ ְונִ ְמ ַ֖כּר ִבּגְנֵ ָב ֽתוֹ׃ that case.—He must make restitution; if he lacks the means, he shall be sold for his theft.

ויקרא כ״ה:ל״טמ״ג Leviticus 25:3943 (לט) ְו ִכֽי־יָ ֥מוּ אָ ִ֛חי ִ ע ָ֖מּ ְונִ ְמ ַכּר־ ָ֑ל א־ ַת ֲע ֥ב ֹד ֖בּוֹ If your kinsman under you continues in straits (39) and must give himself over to you, do not subject ֲע ֥ב ֹ ַדת ָ עֽ ֶבד׃ (מ) ְכּ ָשׂ ִ֥כיר ְכּת ָ֖וֹשׁב יִ ְה ֶי֣ה ִ ע ָ֑מּ ַ עד ְ־שׁ ַנ֥ת him to the treatment of a slave. (40) He shall remain ַהיּ ֵֹ֖בל יַ ֲע ֥ב ֹד ִ ע ָמּֽ׃ (מא) ְויָ ָצ ֙א ֵמֽ ִע ֔ ָמּ ֖ הוּא וּ ָב ָ֣ניו ִ ע ֑מּוֹ with you as a hired or bound laborer; he shall serve ְו ָשׁ ֙ב ֶאל־ ִמ ְשׁ ַפּ ְח ֔תּוֹ ְו ֶאל־ ֲא ֻח ַזּ֥ת ֲאב ֹ ָ֖תיו יָ ֽשׁוּב׃ (מב) with you only until the jubilee year. (41) Then he ִכּֽי ֲ־ע ָב ַ֣די ֔ ֵ הם ֲא ֶשׁר־הוֹ ֵ֥צא ִתי א ֹ ָ֖תם ֵמ ֶ֣א ֶרץ ִמ ְצָ֑ריִם ֥א and his children with him shall be free of your authority; he shall go back to his family and return יִ ָמּ ְכ֖רוּ ִמ ְמ ֶ֥כּ ֶרת ָ עֽ ֶבד׃ (מג) א־ ִת ְר ֶ֥דּה ֖בוֹ ְבּ ָ֑פ ֶר to his ancestral holding.— (42) For they are My ְויֵָ֖רא ָת ֵמ ֱא ֶ ֽקי׃ servants, whom I freed from the land of Egypt; they may not give themselves over into servitude.— (43) You shall not rule over him ruthlessly; you shall fear your God.

דברים ט״ו:י״גי״ד Deuteronomy 15:1314 (יג) ְו ִכֽי־ ְת ַשׁ ְלּ ֶ֥חנּוּ ָח ְפ ִ֖שׁי ֵמֽ ִע ָ֑מּ ֥א ְת ַשׁ ְלּ ֶ֖חנּוּ ֵ ר ָ ֽיקם׃ When you set him free, do not let him go (13) emptyhanded: (14) Furnish him out of the flock, (יד) ַ ה ֲע ֵ֤ניק ַתּ ֲענִ ֙יק ֔לוֹ ִמ ֣צּ ֹאנְ ֔ וּ ִמֽ ָגּ ְרנְ ֖ וּ ִמיִּ ְק ֶ֑ב ֲא ֶ֧שׁר threshing floor, and vat, with which the LORD your ֵבּ ַר ְכ ֛ ה' ֱא ֶ֖קי ִתּ ֶתּן־ ֽלוֹ׃ .God has blessed you

A Rehabilitative Model: Ir Miklat

במדבר ל״ה:י״אט״ו Numbers 35:1115 (יא) ְו ִה ְק ִרי ֶ֤תם ָל ֶכ ֙ם ָ ע ִ֔רים ָ עֵ֥רי ִמ ְק ָ֖לט ִתּ ְה ֶי֣ינָה ָל ֶ֑כם you shall provide yourselves with places to (11) serve you as cities of refuge to which a manslayer ְו ָנ֥ס ָ֙ שׁ ָמּ ֙ה ר ֹ֔ ֵצ ַח ַמ ֵכּה־ ֶ֖נ ֶפשׁ ִבּ ְשׁגָ ָגֽה׃ (יב) ְו ָה ֨יוּ ָל ֶ֧כם who has killed a person unintentionally may flee. ֶה ָע ִ֛רים ְל ִמ ְק ָ֖לט ִמגּ ֵֹ֑אל ְו ֤א יָמוּ ֙ת ָ הר ֹ֔ ֵצ ַח ַ עד ָ־ע ְמ ֛דוֹ The cities shall serve you as a refuge from the (12) ִל ְפ ֵנ֥י ָ ה ֵע ָ֖דה ַל ִמּ ְשׁ ָפּֽט׃ (יג) ְו ֶה ָע ִ֖רים ֲא ֶ֣שׁר ִתּ ֵ֑תּנוּ avenger, so that the manslayer may not die unless ֵשׁשׁ ָ־עֵ֥רי ִמ ְק ָ֖לט ִתּ ְה ֶי֥ינָה ָל ֶכֽם׃ (יד) ֵ֣את ׀ ְ שׁ ֣שׁ he has stood trial before the assembly. (13) The towns that you thus assign shall be six cities of ֶה ָע ִ֗רים ִתּ ְתּנ ֙וּ ֵמ ֵ֣ע ֶבר ַליַּ ְר ֵ֔דּן ְו ֵא ֙ת ְ שׁ ֣שׁ ֶ הֽ ָע ִ֔רים ִתּ ְתּ ֖נוּ refuge in all. (14) Three cities shall be designated ְבּ ֶ֣א ֶרץ ְכּ ָ֑נ ַען ָ עֵ֥רי ִמ ְק ָ֖לט ִתּ ְה ֶי ֽינָה׃ (טו) ִל ְב ֵ֣ני יִ ְשׂ ָר ֵ֗אל beyond the Jordan, and the other three shall be ְו ַל ֵ֤גּר ְו ַלתּ ָוֹשׁ ֙ב ְבּתוֹ ֔ ָכם ִתּ ְה ֶי֛ינָה ֵ שׁשׁ ֶ־ה ָע ִ֥רים ָ ה ֵ֖א ֶלּה designated in the land of Canaan: they shall serve ְל ִמ ְק ָ֑לט ָל ֣נוּס ֔ ָ שׁ ָמּה ָכּל־ ַמ ֵכּה־ ֶ֖נ ֶפשׁ ִבּ ְשׁגָ ָגֽה׃ as cities of refuge. (15) These six cities shall serve the Israelites and the resident aliens among them for refuge, so that anyone who kills a person unintentionally may flee there. במדבר ל״ה:כ״ה Numbers 35:25 (כה) ְו ִה ֨ ִצּילוּ ָ ה ֵע ָ֜דה ֶאת ָ־הר ֹ֗ ֵצ ַח ִמיַּ ֮ד גּ ֵֹ֣אל ַ ה ָדּ ֒ם ְו ֵה ִ֤שׁיבוּ The assembly shall protect the manslayer from (25) א ֹת ֙וֹ ָ הֽ ֵע ָ֔דה ֶאל ִ֥־עיר ִמ ְק ָל ֖טוֹ ֲא ֶשׁר־ ָ֣נס ָ֑ שׁ ָמּה ְו ָי֣ ַשׁב ֗ ָבּהּ the bloodavenger, and the assembly shall restore him to the city of refuge to which he fled, and there ַעד־מוֹ ֙ת ַ הכּ ֵֹ֣הן ַ ה ָגּ ֔ד ֹל ֲא ֶשׁר־ ָמ ַ֥שׁח א ֹ֖תוֹ ְבּ ֶ֥שׁ ֶמן ַ ה ֽקּ ֹ ֶדשׁ׃ he shall remain until the death of the high priest who was anointed with the sacred oil.

מכות י״ב ב Makkot 12b מתני׳ כיוצא בו רוצח שגלה לעיר מקלטו ורצו MISHNA: Similarly, in the case of a murderer who was exiled to a city of refuge and the people אנשי העיר לכבדו יאמר להם רוצח אני אמרו לו of the city sought to honor him due to his אף על פי כן יקבל מהן שנאמר (דברים יט, ד) וזה prominence, he shall say to them: I am a דבר הרוצח מעלים היו שכר ללוים דברי רבי :murderer. If the residents of the city say to him יהודה רבי מאיר אומר לא היו מעלים להן שכר We are aware of your status and nevertheless, we wish to honor you, he may accept the honor from וחוזר לשררה שהיה בה דברי רבי מאיר רבי them, as it is stated: “And this is the matter יהודה אומר לא היה חוזר לשררה שהיה בה: ,(devar] of the murderer” (Deuteronomy 19:4] from which it is derived that the murderer is required to say [ledabber] to them that he is a murderer. He is not required to tell them any more than that. The unintentional murderers would pay a fee to the Levites as rent for their living quarters in the cities of refuge, which were Levite cities; this is the statement of Rabbi Yehuda. Rabbi Meir says: They would not pay a fee to them, but would reside rent free, as they are required to live there by Torah law. They also disagreed with regard to the status of the unintentional murderer when he returns home after the death of the High Priest. He returns to the same public office that he occupied prior to his exile; this is the statement of Rabbi Meir. Rabbi Yehuda says: He does not return to the office that he occupied.

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