Monday, January 23, 2023

There Shall Be No Needy, Conclusion: Justice and the Justice System

I'm going to skip over the chapter of There Shall Be No Needy that deals with the environment, because although Jacobs explicitly recognizes that it may be the issue of the 21st century for many Jews, she can only speak about it in general terms. Plus, there have been many books specifically on the topic since hers came out.

The part about the justice system struck me in a personal way.

When my brother, Cantor Ron Fischman, was killed during the Days of Awe in 2014, one of the things I learned was how many people have had a death by violence in the family. Not as many among white, Jewish, and middle-class people,  but in some communities (especially impoverished and racialized communities), it can be impossible not to know someone whose father, mother, brother, or cousin, was killed. For many families, having a perpetrator in the family (and often, in prison) is also a fact of life. I was amazed how sheltered I had been from this reality.

Rabbi Jill Jacobs points out that the U.S. imprisons more people per capita than perhaps any other country in the world, and not only do we do it whether the crime rate is rising or falling, it has no effect on that rise and fall. From a Jewish perspective, that we continue to incarcerate people is inexplicable.

In Jewish history and halakhah, imprisonment is hardly heard of it. Some crimes, like murder and rape, officially require a death sentence, even if it has hardly ever been carried out. Most crimes against persons and property call for monetary fines only. And she points out that when a person truly carries out teshuvah (repentance), it's considered a good idea to waive the fines, to prevent people from avoiding the process of self-scrutiny, confession, and making amends because it could cost them!)

Imprisonment is barely a part of the Jewish tradition, and mainly in the last few hundred years: a blink of the eye in our 4,000-year history. The emphasis is on a) making cities safe places to live; b) treating perpetrators as human and even "our brother," too; and c) promoting rehabilitation.

So what? Except for Israel (which is a secular state and does not operate according to Jewish law), there is not one place in the world where Jews have a majority voice on making policy. What difference does it make whether or not you and I know what the Jewish tradition has to say on all these issues of social justice?

If nothing else, it is important to let our fellow citizens know that conservative and even reactionary positions are not equivalent to being religious or moral. We are currently seeing that in the sphere of reproductive justice. I am proud of the Jewish organizations that have not only spoken up in public but in court, saying that denying pregnant people access to abortions is preventing some Jews from doing what they are morally supposed to do in certain situations under Jewish law. As the car magnet that the National Council of Jewish Women sent me says to everyone who looks at the back of my car: "Abortion bans are against my religion!"

Thanks to Rabbi Jacobs and the organization she currently leads, T'ruah, for making the point that religious traditions can inspire us to work for liberty and justice for all.

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