There is a
well-known saying about suicide – Suicide is a permanent solution to
a temporary problem.
Even though
it may not always be true that the “problem” is temporary, it certainly is most
of the time. But the main message, which is certainly true, is that the
“solution” is permanent, meaning, irreversible. If it is, R”L, successful, it
can’t be undone. No way, no how. Irreversible solutions are never to be
implemented except when there is absolutely, positively no alternative
whatsoever.
There are
other events in life which are irreversible even if they aren’t so absolute.
The best example is medical procedures such as amputations, removal of organs,
or dental extractions. In some cases, the missing “part” can be replaced by a
prosthetic one, but it is never the same. Of course, things like abortions, lobotomies
and “gender reassignment” are totally irreversible. And let’s not forget
tattoos.
There are events
that can be terminated or “undone” but the effects of the event are permanently
inflicted and can never be erased. I am specifically referring to marriage
which can be undone through divorce or even divorce that can be reversed with a
new marriage or remarriage. Every marriage ends, either in death or divorce.
But neither death nor divorce can destroy the marriage that existed until then.
It will always remain and, in this light, anyone who is ever married to another
is always married to them at some level. An “ex”-spouse is an actual spouse
that just happens to have an “ex” in front. And, needless to say, when there
are children.
You may
notice that all the above is referring to self-inflicted man-made events. This
is because self-inflicted events are, more or less, within the control of the
one affected. When one makes a choice, we hope it will be an intelligent and
wise one. As a rule, people act in their own best interests.
Yet, it goes
without saying that what one does to another works on the same scale of
permanence. Homicide is as permanent as suicide and can also be described as a
permanent solution to a temporary problem, but it isn’t permanent to the
perpetrator. One can also permanently injure or cripple another person. Even if
it’s not as absolute as death, it may be just as irreversible. And an injury
that results in severe damage such as loss of limb, paralysis, blindness,
deafness, or brain damage can put a living person out of commission as if he or
she is dead.
We know that
the gemara in Avoda Zara 5a tells us that when a person is “out of commission”,
he is as good as dead. The gemara tells us:
Four people are considered as if dead – A poor person, a blind person, a leper, and one who has no offspring.
I do not
believe that this list is exclusive. These four examples are listed because
each one has a direct reference in Tanach. But the gemara in several places,
specifically Bava Kamma 85b, makes the status of a deaf person even more severe than
a blind person. Likewise, it just makes sense to say that just like a leper is
repulsed and barred from social intercourse, anyone who is repulsed and barred
from social intercourse is as good as dead.
And this will
certainly include someone who is incarcerated in prison.
In August
2017, I devoted a full featured post to educating my readers about the realities
of prison. After a lengthy analysis, this is what I concluded:
One thing we know for sure is that a prison is not a healthy place for a human being. For one who doesn’t qualify as a “human being” it doesn’t much matter. But for one who does, and primarily for one who is Jewish, and more so, one who officially observes Torah and Mitzvos, it is deadly. Firstly, it is a very dangerous place where one is exposed to violent and promiscuous people with no adequate means of defense. Secondly, it takes a tremendous toll on one’s self esteem and emotional and psychological well-being. Suicide, R"L, is not uncommon. Thirdly, and as a consequence of the previous, one is vulnerable to depression and the associated lowering of immune defenses and to contracting all kinds of deadly illnesses. So, for just about anybody, prison literally shortens one’s life.
And for an observant Jew in a non-Jewish prison, there is no real chance of being able to keep Torah and mitzvohs, proper Kashrus, Shabbos observance, Yom Tov, tefillin, and even saying brachos causes problems. No way to maintain a family life, tznius or family purity (if somehow applicable). And of course, there are countless other spiritual challenges to boot.
Chazal also
tell us directly that being in prison is called a life-threatening situation
and they learn it from Dovid Hamelech. They tell us (Brachos 54b):
Says Rav Yehuda in the name of Rav - There are four who are obligated in “thanks” (either a korban Toda or to bless the gomel): (1) One who traveled on the sea (2) one who traveled through a desert (3) a sick person who recovered and (4) one who was released from incarceration. From where do we derive this? From the words of Tehillim chapter 107.
The common
denominator of these four scenarios is that the individual emerged alive from a
life-threatening situation (see Rashi s.v. צריכין להודות). In all these cases, the dangers are so rampant that the
individual must consider himself fortunate to be alive. It tells us that, all
too frequently, these adventures do not culminate in a happy ending. And when
they don’t, the “damage” is irreversible.
But, even
when one is released from prison, there is an indelible mark. In many ways,
it’s just a prolonged death. Some say prison is a lot like marriage and others
say that marriage is a lot like prison. Both of them always end either in death
or divorce/release. Even when they are terminated before death, the effects are
permanent. Always.
Certainly, for the duration of time that one is in prison, he or she is "out of commission" and is as socially dead as a leper.
As such, I
concluded my discussion about prison life thusly:
All told, prison is no place for a Jew. Not for any kind of Jew.
Sof davar, barring a situation of pikuach nefesh to other Jews, there is no justification for allowing, and certainly for facilitating, the incarceration of a Jew into a non-Jewish prison. Prison life literally physically shortens the life of an inmate and prevents them from living as a Jew.
Anybody who causes a Jew to spend time in a non-Jewish prison (again, where there is no pikuach nefesh to anybody else) will have to answer for every lost minute of life, every lost mitzvah, and every forced transgression. Rationalizations such as punishment for past crimes or the quest for “justice for the victims” and "closure" will not do the trick.
We Jews live
by the adage of ואהבת לרעך כמוך
– Love your fellow as yourself, and, as Hillel said, מאי דסנאי לך לחברך לא תעביד – What you detest, do not do to your peer.
We decry
suicide, which is an option of dealing with one’s own problems, as being
(pardon the pun) overkill. A permanent solution to a temporary problem. Most of
the time. In all cases, the damage is irreversible. When we look for solutions
of problems caused to us by other Jews, we need to apply the same standards. We
need to determine if we are dealing with a temporary problem or a permanent
one. And we need to be responsible enough not to apply permanent solutions to
temporary problems and not to inflict needless irreversible damage.
Incidentally, this isn't just my opinion. So says HRHG Rav Moshe Feinstein, ZTL, in Igros Moshe Orach Chaim 5 Siman 9. And before him this is found in Chofetz Chaim Hilchos Lashon Hara 10:2 condition 7 (see Beer Mayim Chayim 12).
From this it emerges that anybody who actively (or even vocally) strives to put somebody in prison is cruel and vindictive and a student of Bilaam HaRasha. There is no other way to put it.
This is
something to take very seriously because our Torah tells us (Shmos 22:5) –
שלם ישלם
המבעיר את הבעירה.
The one who
lights the fire, pays for the damage.
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