Dear Friends,
Intent matters.
Consider: “But Mommy, I didn’t mean to spill the milk!” Or, “Mommy, she stuck out her tongue so I knocked over her glass of milk!”
Consider: “Officer, I just didn’t realize that I was driving so fast.” Or, “Officer, I am late for my lunch date, and I just had to make up time.”
Yes, intent matters. And, it is clearly evident in this week’s Torah portion (actually, the double portion of Mattot/Mas’ei, at the end of the Book of Numbers) where Torah assigns six cities of refuge, evenly spaced throughout the Land of Canaan, to which a manslayer could run and find safe haven while his case is adjudicated, and thereafter.
These cities of refuge were only allowed for the one who accidentally killed another – not for the murderer. How was this determined? The murderer must have had demonstrated enmity towards the victim, and must have planned his or her action. It was a matter of intent. Whereas the accidental death – an axe-head flying off its handle and hitting another person, for example – is commonly an accident, and a death would be without intent.
Intent matters. Clearly, the judge or magistrate, or the mother in the case of spilled milk, is likely if not expected to be magnanimous and generous in the matter of a perpetration without evil intent. Yet, where malevolent intent is demonstrated, it is important that the court be serious and severe, so as to protect others from further malice.
Hence, the Torah situated six cities of refuge to which a manslayer could find safety.
And, the opposite is true, as well. Where malice is or was intended, neither the Torah nor our present society should allow a perpetrator to hide or be sheltered. This is especially a churning issue today. We saw grave violence against the United States Congress and Capital six months ago, and presently, the courts are determining juridical processes for those arrested of crimes, and for those whom some assert provoked the insurrection. For each, besides clear evidence of smashing windows or attacking a police officer, the courts – and all of us – are wise to learn from Torah to bring intent into the conversation.
Protecting the innocent is fair. Yet, wrongful, malicious or illegal intent does not allow one to shelter in a place of refuge.
Torah demands fair justice.
Shabbat Shalom!
Rabbi Douglas Kohn
Intent matters.
Consider: “But Mommy, I didn’t mean to spill the milk!” Or, “Mommy, she stuck out her tongue so I knocked over her glass of milk!”
Consider: “Officer, I just didn’t realize that I was driving so fast.” Or, “Officer, I am late for my lunch date, and I just had to make up time.”
Yes, intent matters. And, it is clearly evident in this week’s Torah portion (actually, the double portion of Mattot/Mas’ei, at the end of the Book of Numbers) where Torah assigns six cities of refuge, evenly spaced throughout the Land of Canaan, to which a manslayer could run and find safe haven while his case is adjudicated, and thereafter.
These cities of refuge were only allowed for the one who accidentally killed another – not for the murderer. How was this determined? The murderer must have had demonstrated enmity towards the victim, and must have planned his or her action. It was a matter of intent. Whereas the accidental death – an axe-head flying off its handle and hitting another person, for example – is commonly an accident, and a death would be without intent.
Intent matters. Clearly, the judge or magistrate, or the mother in the case of spilled milk, is likely if not expected to be magnanimous and generous in the matter of a perpetration without evil intent. Yet, where malevolent intent is demonstrated, it is important that the court be serious and severe, so as to protect others from further malice.
Hence, the Torah situated six cities of refuge to which a manslayer could find safety.
And, the opposite is true, as well. Where malice is or was intended, neither the Torah nor our present society should allow a perpetrator to hide or be sheltered. This is especially a churning issue today. We saw grave violence against the United States Congress and Capital six months ago, and presently, the courts are determining juridical processes for those arrested of crimes, and for those whom some assert provoked the insurrection. For each, besides clear evidence of smashing windows or attacking a police officer, the courts – and all of us – are wise to learn from Torah to bring intent into the conversation.
Protecting the innocent is fair. Yet, wrongful, malicious or illegal intent does not allow one to shelter in a place of refuge.
Torah demands fair justice.
Shabbat Shalom!
Rabbi Douglas Kohn
