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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.

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