Shabbat Forshpeis
A Taste of Torah in Honor of Shabbat
PARSHAT MISHPATIM
A MESSAGE ABOUT ROAD SAFETY
FEBRUARY 20-21 2004/ 29 SHEVAT 5764
As a teacher
of Torah, I have often heard people question how some of the seemingly ancient laws of the Torah relate to contemporary society. One classic case is the issue of an ox that gores a human being, a case found in this week's Torah portion. (Exodus 21:28-32) These laws seem out of sync with the modern world.
While it is impossible to briefly assess every aspect of these laws, an analysis of a specific element of the ox goring provision reveals how powerful an impact it can have in our modern times.
The Torah states that if an ox gores another human being, killing him or her, "the ox shall surely be stoned; its flesh may not be eaten and the owner of the ox shall be innocent." (Exodus 21:28) The Talmud extends this law to apply, not only to an ox, but to all kinds of animals. (Baba Kama 54b)
One wonders why, in this case, the animal must be killed. After all, an animal should not be held responsible for its actions as it lacks free will.
What makes the law even more incomprehensible is that it applies, even if the animal kills inexplicably for the first time while under the careful watch of the owner.
Not only is the animal killed, but the owner may not derive pleasure from it. When the Torah states, "the animal is stoned"- it is telling us that once stoned, it cannot be eaten even if it has been ritually slaughtered beforehand. And when we are told that "the owner of the animal is innocent," the word used is naki, literally "free," which is understood to mean free from deriving any pleasure from the animal. (Baba Kama 41a)
Responding to these puzzling questions, Ramban notes that killing the ox serves as a deterrent to owners to be vigilant in caring for their animal. If they are not, they stand to lose the animal and its considerable value.
Rabbi Samson Rafael Hirsch sees it differently. For him, putting the animal to death is a reminder of the sacredness of life. In simple words, an animal that is involved in the taking of human life cannot be permitted to live, even if the animal and its owner are not to blame.
Is it too far a stretch to take his lesson and apply it to automobile fatalities? Perhaps it ought be suggested that any automobile involved in a fatal accident, be lost to its owner forever with the owner deriving absolutely no benefit from it. This would apply even if the owner was not at fault, much like our case of the animal. In this way, the underlying principle of the sacredness of human life would be emphasized.
At a time when, around the globe, so many are killed on the roads, the lesson of ox goring should be taken to heart. As we are sensitive to ritual law, so also should we be aggressive in drafting laws and halakhot that will prevent reckless driving.
Far from being outdated, the goring ox law begs us to ask: where is the religious voice on automobile accidents both here in the US and in Israel? More Jews have been killed on the roads of Israel than in all its wars combined. Why aren't there more courses throughout the Jewish community stressing the ethics of driving? Through the promulgation of such halakhot the seriousness of road safety would be understood on a deeper level and precious lives could be saved.
Shabbat Shalom,
Rabbi Avi Weiss
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