Pattern Recognition: Shelach’s Ten Commandments’ Moment

“… nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

U.S. Constitution, Fourteenth Amendment

Pentateuch pattern recognition comes from avid Torah reading. The Torah Portion Shelach’s Sabbath violator tale’s similarity to the earlier Blasphemer’s tale from the Portion Emor is beyond coincidence.

The Torah’s repetitious nature signals significance! Given that the Pentateuch’s original Hebrew text was written without punctuation, some duplications are intended as exclamation points.

Pedagogically, these two stories are problematic.

Sensibilities

Due to the stories’ violence, these tales confound modern sensibilities. The stoning punishment meted out in bbothtales comes off rather severe considering the nature and extent of the bad acts. A death sentence from gathering some wood on a particular day of the week or the uttering the name of a deity in an unkind manner appears extreme in modernity; it shocks the interweb’s gate keepers and algorithm moderators. Age restricting the content and barring it from services occurs when publishing this sensitive content.

Fixating upon the archaic violent punishment for acts, however, does a disservice to those looking at the bigger picture. Moments of apparent biblical barbarism often yields scriptural gold; in this instance, powerful visions with respect to both jurisprudence and community which shaped Western Civilization are to be censored.

To understand the contribution to jurisprudence, it is necessary to understand two legal terms. There is the concept of due process. It means “law in its regular course of administration through courts of justice.” Black’s, Fifth Edition.

Also, there is the legal term equal protection. Essentially, individuals, legally, should be treated the same way under the same circumstances.

Shelach

The Portion Shelach’s pertinent part to the Sabbath violator’s tale is as follows:

“And Children of Israel were in the wilderness, and they found a man collecting wood on the Sabbath day. And those who found him collecting wood brought him forward to Moses and to Aaron and to all the congregation. And they left him under watch because it had not been determined what should be done to him.” Numbers 15: 32-34 [Note: what is the purpose for gathering wood? To make a fire?]

“And the Lord said to Moses, “The man shall be put to death! All the congregation is to batter him with stones outside the camp.” The portion goes on to indicate that congregation completed the task. See Numbers 15: 35-36.

Before this story, there is the following passage: “[t]he citizen among the Children of Israel and for the alien who resides among them; you shall have one instruction for one who acts by mistake.” Numbers 15: 29. [Note: Essentially, the Torah is emphasizing and promoting a single-tracked justice system with no differentiation as to the accused’s status.]

Emor’s Blasphemer’s tale is told in a similar fashion.

Emor

In Emor, the pertinent part of the Blasphemer’s tale is as follows:

“An the son of the Israelite woman profaned the name 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 curses 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.

The story is interrupted with the insertion of legal dictates. They include the famous passage of “an eye for an eye.” The includes passage promotes the concept of proportionality with respect to damages and compensation. Within that particular passage, there is also the provision that “you shall have one judgment: it shall be the same for the alien and the citizen.” Leviticus 24:22.

The story then continues. Moses provides the Children of Israel the instruction on how the punishment is to be exacted. The portion indicates that the punishment was effectuated. Leviticus 24:23.

After examining these two stories, many similar elements are apparent.

The Similarities

The stories’ similarities are as follows: both instances involve Ten Commandments’ violations, both incidents were witnessed, in each instance, those witnessing the incidents brought the individual to the authority- Moses, both of the accused apparently cooperated in turning themselves in, both of the accused were taken into protective custody pending a decision, both of the accused were afforded a judgment from the highest of authorities, both had their sentences announced, both were stoned by the congregation, and both had the execution of the punishment done outside of the camp.

Finally, in proximity to the telling of the stories, the Torah promotes a one-track justice system for both the citizen and the alien.

Ten Commandments’ Issues

Both stories involve Decalogue violations; breaches of the Code of Community conduct- the Israelite covenant.

Shelach’s violation is to the Sabbath commandment. Exodus 20:10. Work is not permitted on the Sabbath; the wood gathering was considered as labor.

Emor’s violation was to the commandment prohibiting the use of the Lord’s name in vain. Exodus: 20:7. Specifically, the Emor’s passage notes that the individual used “the name.”

While the seriousness of these matters may be that they occurred in such a close time proximity to the Decalogue’s receipt, the Sabbath violators’ punishment had already been propounded in scripture; the penalty was death. Specifically, the passage indicated that they should “not burn a fire in all of your homes on the Sabbath day. Exodus 35:3. The accused’s wood gathering, while not creating a fire, likely was still considered as work. Alternatively, one could argue that the individual was caught an attempt to create a Sabbath fire. This, however, is speculative.

The community’s actions were remarkable in a variety of aspects with respect to the two incidents.

The Decalogue’s Guardian- The Community

From both Shelach and Emor, it is the witnesses who take it upon themselves to turn in the offender. With respect to the Israelite nation at that time, there was no organized police department; it was incumbent upon the citizenry to guard the commandments.

As noted above, those, at Mt. Sinai, entered a Code of Community Conduct. Therefore, it was incumbent upon them- as members- to address matters of violations.

In both instances, witnesses brought the offender to Moses- the authority. In both instances, to the offenders’ credit, there is no indication that they offered any resistance towards being taking into custody.

Due Process

First, the alleged accusations had witnesses. Thus, the allegations, in these instances, were supported by uncontested facts.

It is also important to note that in both Shelach and Emor, the individuals are taken into custody and presumably protected from harm pending the judicial determination. The accused’s safety pending judgment appeared to be a community value.

It is also important to note that the community deferred to the justice system. They allowed the judgment and penalty to be announced. In sum, the accused were protected from being harmed and afforded the opportunity to have their matters adjudicated by the highest of authorities.

The situations were unique as the entire congregation participated in exacting the punishment.

The punishment’s execution location is also important. The stoning occurred outside of camp. Perhaps, the reason for the location was that the act was not meant to be construed or interpreted part of the Israelite practice of cultic sacrifice; a human life was not something meant to be sacrificed. Rather, arguably, it was a matter of justice and judgment.

Conclusion

When two Torah Portions from separate books present stories that are uniquely similar, it suggests a point of emphasis. The purposeful pattern of repetition was meant to highlight something at a time when the written language had punctuation. No exclamation point were possible! Rather, the words and the thoughts make indelible marks!

In this instance, both passages- so early from the Mt. Sinai’ experience- exact harsh punishments upon commandments’ violators. Despite the Decalogue’s lack of punishments for commandments violations, the Torah, through edicts, placed them within the Pentateuch. For the Sabbath, a severe punishment was not only enacted, the Sabbath violator’s act was arguably connected to a specific restriction- having a fire in the home on Sabbath.

Both stories also connect to the Torah’s emphasis on a one-track justice system; both citizen and alien are to be held by the same standards. Further, the passages impress the community’s role in policing itself for covenant violations.

The stories also impress how the community respected the judicial process. Even the accused cooperated when being taken into custody! And, those, while in custody, were protected pending the judidical determination.

Justice, in these instances, involved taking the matter to the highest of authorities. And, once judgment was issued, it was the community responsible for executing judgment.

Finally, it is important to note that the punishments were executed outside of the camp. This, theologically, may have been important to differentiate the execution of a judgment versus a cultic sacrifice for the sake of purity. The rationale for human punishment appears to differ from the concept of cultic sacrifice.

In the end, the Portions Shelach and Emor emphasize the Torah’s concern with both due process and equal protection; these concerns remain essential in modern jurisprudence. The Equal Protection Clause of the United States Constitution evidences its influence.

Be well!!

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