Birkot HaShachar
Blessed are you ETERNAL, Master of time and space: ...who made me free. ...who releases the imprisoned. ...who lifts up the bent-over. ...who provides for all my needs. ...who supports a person’s steps. ...who gives strength to the weary.
Blessed are you ETERNAL, Master of time and space: ...who made me free. ...who releases the imprisoned. ...who lifts up the bent-over. ...who provides for all my needs. ...who supports a person’s steps. ...who gives strength to the weary.
(ב) וְהָיָ֛ה אִם־בִּ֥ן הַכּ֖וֹת הָרָשָׁ֑ע וְהִפִּיל֤וֹ הַשֹּׁפֵט֙ וְהִכָּ֣הוּ לְפָנָ֔יו כְּדֵ֥י רִשְׁעָת֖וֹ בְּמִסְפָּֽר׃ (ג) אַרְבָּעִ֥ים יַכֶּ֖נּוּ לֹ֣א יֹסִ֑יף פֶּן־יֹסִ֨יף לְהַכֹּת֤וֹ עַל־אֵ֙לֶּה֙ מַכָּ֣ה רַבָּ֔ה וְנִקְלָ֥ה אָחִ֖יךָ לְעֵינֶֽיךָ׃
(2) If the wicked one is to be flogged, the magistrate shall have him lie down and be given lashes in his presence, by count, as his guilt warrants. (3) He may be given up to forty lashes, but not more, lest being flogged further, to excess, your brother be degraded before your eyes.
Sifrei Ki Tetze Piska 286
“Your brother will be degraded before your eyes.” From the moment he is flogged, he is your brother. . . Rabbi Chananya ben Gamliel said, “all day, the text calls him ‘wicked,’ as it says ‘if the wicked person is subject to lashes’ (Deuteronomy 25:2). But from the time that he is flogged, the text calls him ‘your brother.’
“Your brother will be degraded before your eyes.” From the moment he is flogged, he is your brother. . . Rabbi Chananya ben Gamliel said, “all day, the text calls him ‘wicked,’ as it says ‘if the wicked person is subject to lashes’ (Deuteronomy 25:2). But from the time that he is flogged, the text calls him ‘your brother.’
Rambam Hilchot Teshuvah 1:3
In these days, when the Temple no longer stands and we have no altar of atonement, all we have is teshuvah. Teshuvah atones for all sins. Even if someone was wicked all her days and repented towards the end of her life, we do not remind her of any of her wickedness, as it says, “The wicked will not fail on account of her wickedness, on the day that she repents of her wickedness.” (Ezekiel 33:12)
In these days, when the Temple no longer stands and we have no altar of atonement, all we have is teshuvah. Teshuvah atones for all sins. Even if someone was wicked all her days and repented towards the end of her life, we do not remind her of any of her wickedness, as it says, “The wicked will not fail on account of her wickedness, on the day that she repents of her wickedness.” (Ezekiel 33:12)
Maimonides Laws of Repentance 1:10
It is forbidden for a person to be cruel and refuse to be appeased. Rather, he should be easily pacified, but hard to anger. When the person who wronged him asks for forgiveness, he should forgive him with a complete heart and a willing spirit. Even if he aggravated and wronged him severely, he should not seek revenge or bear a grudge.
It is forbidden for a person to be cruel and refuse to be appeased. Rather, he should be easily pacified, but hard to anger. When the person who wronged him asks for forgiveness, he should forgive him with a complete heart and a willing spirit. Even if he aggravated and wronged him severely, he should not seek revenge or bear a grudge.
Rambam Hilchot Teshuvah 2:9
Teshuvah and Yom Kippur only atone for sins between a person and God, such as eating something forbidden or engaging in [consensual] illicit sexual relations, and so on. But sins between a person and her fellow— such as injuring another person or cursing at her or stealing from her and so on—she is not forgiven ever until she gives her fellow what she owes her and reconciles with her. Even if she returned the money that she owes, she must appease her and ask her forgiveness. Even if she hurt her fellow only with words, she must soothe [the hurt feelings] and entreat her until she forgives. If [the victim] does not want to forgive, [the perpetrator] should bring a row of three people who are [the victim’s] friends, and they should entreat her and ask her [to forgive]. If she is not appeased, do so a second and a third time. If she still does not wish [to forgive], let her be and go away; she who did not forgive is now the sinner. And if [the victim] was her teacher, she should come and go even a thousand times until she is forgiven.
Some Discussion Questions:
1. How is the perpetrator held accountable in Rambam’s system?
2. In what ways are Rambam’s instructions sensitive to the needs of the victim? In what ways are they not?
3. How can the process of asking forgiveness be painful for the victim? For the perpetrator?
4. In Rambam’s context, the last line is about the honor given a teacher of Torah. Translating it to a contemporary context, what does this injunction teach you about the limits of forgiveness?
Teshuvah and Yom Kippur only atone for sins between a person and God, such as eating something forbidden or engaging in [consensual] illicit sexual relations, and so on. But sins between a person and her fellow— such as injuring another person or cursing at her or stealing from her and so on—she is not forgiven ever until she gives her fellow what she owes her and reconciles with her. Even if she returned the money that she owes, she must appease her and ask her forgiveness. Even if she hurt her fellow only with words, she must soothe [the hurt feelings] and entreat her until she forgives. If [the victim] does not want to forgive, [the perpetrator] should bring a row of three people who are [the victim’s] friends, and they should entreat her and ask her [to forgive]. If she is not appeased, do so a second and a third time. If she still does not wish [to forgive], let her be and go away; she who did not forgive is now the sinner. And if [the victim] was her teacher, she should come and go even a thousand times until she is forgiven.
Some Discussion Questions:
1. How is the perpetrator held accountable in Rambam’s system?
2. In what ways are Rambam’s instructions sensitive to the needs of the victim? In what ways are they not?
3. How can the process of asking forgiveness be painful for the victim? For the perpetrator?
4. In Rambam’s context, the last line is about the honor given a teacher of Torah. Translating it to a contemporary context, what does this injunction teach you about the limits of forgiveness?
Does a Prison Cell Need a Mezuzah?
1. Rabbi Isaac Jacob Weiss, Minchat Yitzchak (Poland/Israel, 1902-1989) says:
(Referring to discussion in Birkei Yosef [Haim David Azulai, Jerusalem 1724-1806]) Beit Hillel wrote that a prison is exempt from mezuzah because it is not an honorable place. And the Birkei Yosef rejected this reason, and wrote also that it’s exempt, that even though people stay there steadily for months, and even though there is no danger or disgrace there, since these places are made to be temporary dwellings, and not permanent ones, and therefore are like a house built on a ship.
2. R. Ben Zion Meir Chai Uzziel, Piskei Uzziel B’she’elot haZman 30 (Palestine/Israel 1880- 1953) says:
In my opinion, it seems that there is no debate (about whether there should be mezuzot in Israeli prisons). For even if the prisoners are exempt from mezuzah for the reasons stated above, the state itself is obligated to put up a mezuzah since it places Jews to dwell in these places.
1. Rabbi Isaac Jacob Weiss, Minchat Yitzchak (Poland/Israel, 1902-1989) says:
(Referring to discussion in Birkei Yosef [Haim David Azulai, Jerusalem 1724-1806]) Beit Hillel wrote that a prison is exempt from mezuzah because it is not an honorable place. And the Birkei Yosef rejected this reason, and wrote also that it’s exempt, that even though people stay there steadily for months, and even though there is no danger or disgrace there, since these places are made to be temporary dwellings, and not permanent ones, and therefore are like a house built on a ship.
2. R. Ben Zion Meir Chai Uzziel, Piskei Uzziel B’she’elot haZman 30 (Palestine/Israel 1880- 1953) says:
In my opinion, it seems that there is no debate (about whether there should be mezuzot in Israeli prisons). For even if the prisoners are exempt from mezuzah for the reasons stated above, the state itself is obligated to put up a mezuzah since it places Jews to dwell in these places.