Vayera 5785 Abraham and Collective Punishment | The Innocent Along With the Guilty

ByRabbi Anita Josefa Barzman MD Founder, micro-mishkan.net

Abraham talks to God (from Children’s Bible), Circa 1990 by Tekla Aleksieva

https://www.artsper.com/us/contemporary-artworks/painting/1922508/abraham-talks-to-god-from-childrens-bible

Geneva Convention (IV) 1949
Article 33 - Individual responsibility, collective penalties, pillage, reprisals. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited.

"Collective punishment is a punishment or sanction imposed on a group or whole community for acts allegedly perpetrated by a member or some members of that group or area, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator, as well as entire cities and communities where the perpetrator (s) allegedly committed the crime. Because individuals who are not responsible for the acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility. The punished group may often have no direct association with the perpetrator other than living in the same area and can not be assumed to exercise control over the perpetrator's actions. Collective punishment is prohibited by treaty in both international and non-international armed conflicts, more specifically Common Article 33 of the Fourth Geneva Convention and Article 4 of the Additional Protocol II."
https://en.wikipedia.org/wiki/Collective_punishment#:~:text=International%20law%20posits%20that%20no,Geneva%20Conventions%20and%20their%20protocols

בראשית י״ח:כ״ג-כ״ה

(כג) וַיִּגַּ֥שׁ אַבְרָהָ֖ם וַיֹּאמַ֑ר הַאַ֣ף תִּסְפֶּ֔ה צַדִּ֖יק עִם־רָשָֽׁע׃ (כד) אוּלַ֥י יֵ֛שׁ חֲמִשִּׁ֥ים צַדִּיקִ֖ם בְּת֣וֹךְ הָעִ֑יר הַאַ֤ף תִּסְפֶּה֙ וְלֹא־תִשָּׂ֣א לַמָּק֔וֹם לְמַ֛עַן חֲמִשִּׁ֥ים הַצַּדִּיקִ֖ם אֲשֶׁ֥ר בְּקִרְבָּֽהּ׃ (כה) חָלִ֨לָה לְּךָ֜ מֵעֲשֹׂ֣ת ׀ כַּדָּבָ֣ר הַזֶּ֗ה לְהָמִ֤ית צַדִּיק֙ עִם־רָשָׁ֔ע וְהָיָ֥ה כַצַּדִּ֖יק כָּרָשָׁ֑ע חָלִ֣לָה לָּ֔ךְ הֲשֹׁפֵט֙ כׇּל־הָאָ֔רֶץ לֹ֥א יַעֲשֶׂ֖ה מִשְׁפָּֽט׃

Genesis 18:23-25

(23) Abraham came forward and said, “Will You sweep away the righteous [innocent] along with the guilty? (24) What if there should be fifty righteous [innocent] within the city; will You then wipe out the place and not forgive it for the sake of the innocent fifty who are in it? (25) Far be it from You to do such a thing, to bring death upon the innocent as well as the guilty, so that innocent and guilty fare alike. Far be it from You! Shall not the Judge of all the earth deal justly?”

Since October 7, 2023, I've often thought these verses to be among the most important in the entire Torah.

Jews like to think of ourselves "God-wrestlers", after our ancestor Jacob's transformed name - Israel. We question, we dispute. 2,711 pages of the Babylonian Talmud, and millenia of commentators, exemplify the Jewish regard for disputation, argument, questioning, challenging.

Also, in Judaism, life is highly valued; pikuach nefesh is one of our most fundamental cornerstones. In Sanhedrin 37a (among other places) we learn that destroying one [Jewish] life is equivalent to having destroyed an entire world.

Was Abraham arguing only for the preservation of Jewish life? If you are Jewish, and I am not a Jew, is my life as valuable as yours?

סנהדרין ל״ז א:י״ג

לפיכך נברא אדם יחידי ללמדך שכל המאבד נפש אחת מישראל מעלה עליו הכתוב כאילו איבד עולם מלא וכל המקיים נפש אחת מישראל מעלה עליו הכתוב כאילו קיים עולם מלא

Sanhedrin 37a:13

The court tells the witnesses: Therefore, Adam the first man was created alone, to teach you that with regard to anyone who destroys one soul from the Jewish people, i.e., kills one Jew, the verse ascribes him blame as if he destroyed an entire world, as Adam was one person, from whom the population of an entire world came forth. And conversely, anyone who sustains one soul from the Jewish people, the verse ascribes him credit as if he sustained an entire world.

Let's turn back to our brief interlude in Parashat Vayera (Chapter 18:17-33 - a mere seventeen verses), in which Abraham takes it upon himself to step forward - וַיִּגַּ֥שׁ - and question God, is the prototypic example in Torah of such an action. Here Abraham lays the foundation that Moses will repeatedly carry forward, as well as other prophets.

Across the millennia, here we have Abraham exemplifying for us a relational attitude with God in which we have standing to challenge God.

I've always found this episode in Genesis to be thrilling. Also, I've always had lingering questions, which since October 7 2023 have become more pressing:

Did Abraham go far enough in his argument with God?

And: is this simply a "test" of Abraham? In the sweeping arc of the narrative, is it possibly the case that Abraham's actions in arguing with God were never to have an impact?

Was this actually fundamentally a test of Abraham (as is strongly suggested in the initial three verses of this episode), the only outcome of which would be... that Abraham had stepped forward? We will soon see (in Genesis Chapter 19) that Abraham's admirable argument with God did not have the effect of saving anyone.

God's statement of God's intention to "test" Abraham:

בראשית י״ח:י״ז-י״ט

(יז) וַֽה׳ אָמָ֑ר הַֽמְכַסֶּ֤ה אֲנִי֙ מֵֽאַבְרָהָ֔ם אֲשֶׁ֖ר אֲנִ֥י עֹשֶֽׂה׃ (יח) וְאַ֨בְרָהָ֔ם הָי֧וֹ יִֽהְיֶ֛ה לְג֥וֹי גָּד֖וֹל וְעָצ֑וּם וְנִ֨בְרְכוּ־ב֔וֹ כֹּ֖ל גּוֹיֵ֥י הָאָֽרֶץ׃ (יט) כִּ֣י יְדַעְתִּ֗יו לְמַ֩עַן֩ אֲשֶׁ֨ר יְצַוֶּ֜ה אֶת־בָּנָ֤יו וְאֶת־בֵּיתוֹ֙ אַחֲרָ֔יו וְשָֽׁמְרוּ֙ דֶּ֣רֶךְ ה׳ לַעֲשׂ֥וֹת צְדָקָ֖ה וּמִשְׁפָּ֑ט לְמַ֗עַן הָבִ֤יא ה׳ עַל־אַבְרָהָ֔ם אֵ֥ת אֲשֶׁר־דִּבֶּ֖ר עָלָֽיו׃

Genesis 18:17-19

(17) Now ה׳ had said, “Shall I hide from Abraham what I am about to do, (18) since Abraham is to become a great and populous nation and all the nations of the earth are to bless themselves by him? (19) For I have singled him out, that he may instruct his children and his posterity to keep the way of ה׳ by doing what is just and right, in order that ה׳ may bring about for Abraham what has been promised him.”

So we need to consider that it may be more clear-eyed to view this 17-verse interlude in Parashat Vayera as a test - or even a game - to which God is inviting Abraham; a test that will offer Abraham an opportunity to step forward; but also, a test (game?) the results of which, ultimately, will not benefit the righteous / innocent ones for whom Abraham is advocating.

Abraham steps forward; he is persistent; has he "passed the test"? Was this really about saving anyone at all; or was it rather that God was testing Abraham, to see if he would step forward with any such argument? Since - after all - very soon we will read that God has destroyed all of Sodom, within which surely were many who were "innocent" (women, children, old and ill). Was the entire angry mob outside of Lot's door made up of the entirety of every person in Sodom?

Abraham starts with a general question - "Will you sweep away the righteous with the guilty?" Then: "Shall not the Judge of all the earth deal justly?"

בראשית י״ח:כ״ו

(כו) וַיֹּ֣אמֶר ה׳ אִם־אֶמְצָ֥א בִסְדֹ֛ם חֲמִשִּׁ֥ים צַדִּיקִ֖ם בְּת֣וֹךְ הָעִ֑יר וְנָשָׂ֥אתִי לְכׇל־הַמָּק֖וֹם בַּעֲבוּרָֽם׃

Genesis 18:26

(26) And ה׳ answered, “If I find within the city of Sodom fifty righteous [innocent] ones, I will forgive the whole place for their sake.”

This is the JPS translation.

I propose a different one: " ה׳ said, “If I find within the city of Sodom fifty righteous [innocent] ones, I will bear / tolerate the complex reality of the entire place, for the sake of all who dwell there."

וְנָשָׂ֥אתִי לְכׇל־הַמָּק֖וֹם בַּעֲבוּרָֽם׃

The verb here is not one that explicitly says "I will forgive"; it says "I will bear". (Notably, the verb that Moses first speaks to God in Ki Tissa when Moses is pleading with God not to destroy the people in the context of the Golden Calf):

שמות ל״ב:ל״ב

(לב) וְעַתָּ֖ה אִם־תִּשָּׂ֣א חַטָּאתָ֑ם וְאִם־אַ֕יִן מְחֵ֣נִי נָ֔א מִֽסִּפְרְךָ֖ אֲשֶׁ֥ר כָּתָֽבְתָּ׃

Exodus 32:32

(32) Now, if You will bear their sin [well and good]; but if not, erase me from the record which You have written!”

Back to Parashat Vayera:

Notably, as Abraham moves forward with challenging God:

"What if there are 45 righteous ones?" (verse 28)

"What if there are 40 righteous ones?" (verse 29)

"What if there are 30 righteous ones?" (verse 30)

"What if there are 20 righteous ones?" (verse 31)

"What if there are 10 righteous ones?" (verse 32)

God's subsequent replies (after Verse 18:26) are different; now, God replies that God will not destroy(rather than "I will bear / I will forgive"):

בראשית י״ח:כ״ח

(כח) א֠וּלַ֠י יַחְסְר֞וּן חֲמִשִּׁ֤ים הַצַּדִּיקִם֙ חֲמִשָּׁ֔ה הֲתַשְׁחִ֥ית בַּחֲמִשָּׁ֖ה אֶת־כׇּל־הָעִ֑יר וַיֹּ֙אמֶר֙ לֹ֣א אַשְׁחִ֔ית אִם־אֶמְצָ֣א שָׁ֔ם אַרְבָּעִ֖ים וַחֲמִשָּֽׁה׃

Genesis 18:28

(28) What if the fifty innocent should lack five? Will You destroy the whole city for want of the five?” “I will not destroy if I find forty-five there.”

I find myself wondering about this striking difference here, and I wish that Abraham had stopped and asked God:

"Wait, when I asked you 'What if there are fifty righteous ones there?' you said that you would bear the situation - for the sake of the entire place. But now, now that I'm asking 'What if there are 45 righteous ones?' or even fewer - you God are saying 'I will not destroy'... What happened, God? Why are you now talking about destroying an entire place? God, now you are talking about collective punishment! Why?"

Did Abraham really "prove himself"? Should he have carried on with his rhetorical challenges, until he'd arrived at:

"What if there is one, single righteous one?"

Should Abraham have challenged God in a different way: "Now you are talking about destroying... and not only that, you are talking about destroying an entire place - irrespective of the unknown number of innocent ones there. God, that would be collective punishment. God, please tell me: is collective punishment consonant with Jewish values?"

As we know, this interlude between God and Abraham abruptly ends (as unexpectedly and jarringly as it started) followed by the story of Lot, and the visitors, the angry mob of citizens in Sodom, and Lot's willingness to sacrifice his daughters to save his visitors, and we soon will learn that, in fact, God will destroy the entirety of Sodom.

This seems to include all who dwell there - women, children, old folks, disabled folks who almost certainly were not participating in the angry mob at the door of Lot's house.

Since the narrative will soon say that God has destroyed Sodom, and since surely there were more than ten righteous ones there (women, children, old people, people who will ill or infirm - ie, all of the people who were not at Lot's door), we are justified in asking,

So: what was the point of that extended argument between Abraham and God. My conclusion today: it was a test, perhaps even a game, that God invited Abraham to play.

From the vantage point of today - Monday 11 November 2024 10 Cheshvan 5785 (the eighty-sixth year since Kristallnacht/ Reichspogromnacht, more than 400 days since October 7,2023) I'm going to say that I don't think that Abraham did pass the test.

What do you think?

I pray that we will wrestle with these questions, with my questions, and with your questions. Ask questions. Wrestle. Challenge. Listen to your heart.

And I pray that through such challenging and questioning, we will lift up one another.

ישעיהו מ״א:ו׳

(ו) אִ֥ישׁ אֶת־רֵעֵ֖הוּ יַעְזֹ֑רוּ וּלְאָחִ֖יו יֹאמַ֥ר חֲזָֽק׃

Isaiah 41:6

(6) Each one helps the other,Saying to his fellow, “Take courage!”

In closing, I will share a poem that I wrote in July 2024, which includes material about Abraham's argument with God.

fill my hands

that old familiar argument

mineyours

rightwrong

yesnoyes

yieldsubmitobeysubmit

I was looking foryes and no

I was searching for who are you?

I was listening forhow can I help?how can I serve?

I was hoping fordraw nearstand upquestiondig and discover

bow down only to truth

long short long short….

listen:

stop

listenlet’s listen

(isn’t this whatwe think we do best?)

שמע

listen:

I want to argue like Abraham;I want to do him one better;(old Abe, he didn’t go far enough)

Yes, I want to argue like Abraham.I would have said:listen:

there are most certainlyrighteous people there

I hope I would have said:stop

I would have said, I hope I would have said,I know that is wrong, andI know this is right

righteous onesinnocent onesthey are most certainly there, and we must love them

I want to argue like AbrahamI want to argue even better than Abraham

and I want to dig like IsaacI want to dig like Isaacbut not out of contentionnotout of hatred

I want to dig like Isaac finally diddig that new third wellundiscovered til nowyet surely there all along

רחבותרחבותbroaddeepample in its abundancegenerous in its teaching

Yes, I want to dig like IsaacI want to dig even deeper than he

so let me be an instrumentdivining rod

let my hands be filledwith truth and trustcare and willingness

let my hands be filledwith the courage to be empty

to listento argueto digbeyond hatred and contention

as I learn from Proverbs:

יָפוּצוּ מַעְיְנֹתֶיךָ חוּצָה בָּרְחֹבוֹת פַּלְגֵי־מָיִם׃