Skip to main content

Burying the Body of the Hanged Criminal - Parashat Ki Tetze 5776 - September 16, 2016

In this week’s parasha, Ki Tetze, the Torah introduces a number of mitzvot that are being taught for the first time and recounts other mitzvot that had been presented in previous parashiyot.

One of these mitzvot relates to the general requirement to bury a dead body in a timely manner. It is well known that the body of each departed soul requires immediate burial. In our parasha, the Torah extends this requirement even to criminals who are hanged.

The Torah writes, “If a man commits a sin for which he is sentenced to death, and he is put to death, you shall hang him on a pole. But you shall not leave his body on the pole overnight. Rather, you shall bury him on that day, for a hanging [human corpse] is a degradation of God, and you shall not defile your land, which the Lord, your God, is giving you as an inheritance.” (Devarim 21:22-23)

At first glance, one would assume that it would be appropriate to disgrace the body of this criminal. Leaving the body overnight would serve as a reminder to others not to engage in the criminality of this person who received the death penalty. However, the Torah demands that we bury this criminal before night. What message does this prohibition convey to us?

There is a wide-range of opinions among our chachamim as to the basis for this requirement.

One of these opinions, that of Rashi, is presented in the form of a mashal – a parable – from the Talmud. Rashi writes on these verses, “This is a degradation of the King in Whose image Man is created, and the Israelites are G-d’s children. This is comparable to two identical twin brothers. One became king while the other was arrested for robbery and hanged. Whoever saw him (the second brother, hanging on the gallows) would say, ‘The king is hanging!’ (Therefore the king ordered and they removed him.) (Sanhedrin 46b) Wherever the term kelala appears in Scripture, it means treating lightly and degrading.”

What is the meaning of this parable? Who do the identical twin brothers represent?

The brothers represent G-d and man – in this case the man who has been punished for a crime. The “identical” feature between G-d and mankind is that we are made in Hashem’s image. As beings that are created in Hashem’s “image”, mankind is inexorably connected and associated with Hashem.

According to Rashi, the Torah is concerned that by leaving the body on display, onlookers may come to an incorrect conclusion – this human is a criminal and its Creator – Hashem – is somehow imperfect. In fact, G-d is perfect and His actions are good. However, Hashem endowed mankind with free will, and, as a consequence, man is capable of sin. Man alone is responsible for his own demise and decrepitude. Out of this consideration, the Torah demands that we bury the hanged body of a criminal before nightfall.

I believe that this idea also explains a verse that we read daily – the last verse of Tachanun: “Assist us, O G-d of our salvation, for the sake of Your Name’s glory; rescue us and atone for our sins for Your Name’s sake.” What is the basis of this plea?

The glory of G-d’s Name is tied up with the public’s perception of G-d’s name. As we explained above, mankind, or specifically, the Jewish People, are inexorably connected and associated with Hashem. When G-d’s people, Israel, are not rescued and are un-atoned, G-d’s Name is besmirched. This unseemly outcome is a basis of our plea for Hashem to forgive us and save us.

Comments

Popular posts from this blog

The Meaning of the Shofar - Parashat Netzavim 5776 - September 30, 2016

In allusion to George Orwell: all of the passages in the Rambam’s magnum opus – the Mishne Torah – are meaningful; but some are more meaningful than others. One such passage in The Laws of Repentance (3:4) fits this description. Maimonides writes: Even though the sounding of the shofar on Rosh HaShanah is a decree, it contains an allusion. It is as if [the call of the shofar ] is saying: Wake up you sleepy ones from your sleep and you who slumber, arise. Inspect your deeds, repent, remember your Creator. Those who forget the truth in the vanities of time and throughout the entire year, devote their energies to vanity and emptiness which will not benefit or save: Look to your souls. Improve your ways and your deeds and let every one of you abandon his evil path and thoughts. Accordingly, throughout the entire year, a person should always look at himself as equally balanced between merit and sin and the world as equally balanced between merit and sin. If he performs one sin, he tips his...

Honor and Glory - Parashat Termuah 5780, February 28, 2020

This week’s  parasha , Termuah, and next week’s parasha , Tetzave, introduce Hashem’s command regarding the plans for the  mishkan  and its vessels – including the clothing worn by the  kohanim . One of the vessels that Hashem commands to be built is the  menorah  – the candelabra. The description of the plans for the menorah are described in Parashat Terumah and the description of its service is described in Parashat Tetzave. In Parashat Tetzave, the Torah says, “and they will take for you pure olive oil pressed to be lit to raise an everlasting candle.” Each evening the  kohanim  were obligated to light the candelabra with enough oil to last the night. In the morning, the  kohanim  were obligated to fix and relight the  menorah , as necessary, thus ensuring that the candelabra would constantly be lit. The Rambam – Maimonides – explains, based on a later verse, that the  mitzvah  to light the candelabra in the mishk...

Teaching Empathy - Parashat Ki Tetze - September 1, 2017

This week’s parasha , Ki Tetze, presents a summary of many of the mitzvot . In the last section of the parasha , the Torah recounts two sets of commandments. The first set discusses the just treatment of the downtrodden. The Torah writes, “You shall not pervert the judgment of a convert or orphan and you shall not take the garment of a widow as a pledge. You will remember that you were a slave in Egypt and Hashem, your G-d, redeemed you from there; therefore, I command you to do this thing.” The second set discusses the obligations of a harvester to the downtrodden. The Torah writes, “When you reap your harvest in your field, and you forget a bundle in the field, you shall not turn back to take it; it will be for the convert, the orphan and the widow, so that Hashem, your G-d, will bless you in all that you do. When you beat the olive tree, do not remove all the splendor behind you; it will be for the convert, the orphan and the widow. When you harvest your vineyard, you will not...