“All Animals are created equal, but some animals are more equal than others.”
George Orwell
In the Torah, death penalties stand out. Seemingly slight offenses, i.e. gathering wood on the Sabbath, Numbers 15:32-36, have been subject to capital punishment.
In these instances which include the severe sanction, is Torah actually intending to send a bigger message? In the Torah Portion Emor, a cursing of the deity occurs. While it is a verbal offense like Decalogue’s prohibition of using the Lord’s name in vain, it differs. The Decalogue’s commandment relates to swearing, aka oaths.
Thus, what is the bigger message?
Emor
The story from Emor is as follows:
“And a son of an Israelite woman–and he was a son of an Egyptian man- went out among the Children of Israel, and the son of the Israelite woman fought with an Israelite man in the camp.
And the son of the Israelite woman profaned the name [of God] and cursed. And they brought him to Moses…. And they left him under watch, to determine it for them by the Lord’s word.
And the Lord spoke to Moses saying,’ Take out the one who cursed to the outside of the camp, and let all who heard lay their hands on his head, and all the congregation shall batter him.’ ” Leviticus 24:10-14.
As far as the punishment, it is said “the same for the alien and the citizen: when he profanes the name [of God] he shall be put to death.” Leviticus 24:16.
This section is followed by the famous “eye for an eye” passage. This commandment addresses the concept of proportionality with respect to punishment and/or compensation. Leviticus 24:17-22.
After that, Emor follows with a pronouncement. “You shall have one judgment: it will be the same for the alien and the citizen; because I am the Lord, your God.” Leviticus 24:22. With this, equal treatment under the law is expanded out beyond an individuals profane use of the Lord’s name.
The Message
Judges and lawyers use “case law” to make decisions or argument. Prior cases’ fact patterns are often analogized to the controversy-at-issue’s fact pattern. The goal is to either distinguish or prove similarity. Being able to do so effectively can determine whether a law applies in an instant matter.
In Emor, the story takes a unique person, half Israelite-half Egyptian, to make a point. One may view this individual with ambiguity; is he an Israelite or an alien? The determination, however is irrelevant to the fact that he committed a cursing violation involving the Lord’s name. As such, his actions, not his identity, determined his fate.
Conclusion
The greater message from the story is one of integration. The Israelite nation integration of foreigners presented an administrative challenge. Without a uniform population, as evidenced in Emor, there was a need to address the application of law. How were laws to apply a diverse population? With Emor, the divine solution was equal treatment for all individuals under the law.
Be well!!
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