Proportionality and Disproportionality in Meting Out Punishment

Parshat Bechukotal Leviticus 26:3 – 27:34

by

Howard Adelman

In the first book, Either/Or, of the great nineteenth century philosopher (and theologian), Sőren Kierkegaard, he contrasted a hedonistic aesthetic with a moral one of a particular Protestant kind in which humans are governed by moral imperatives developed in a mature conscience. Parshat Bechukotal is also based on an either/or dichotomy, but of a very different type. In the first two verses of Leviticus 27 leading into the segment of the Torah, the bad, idolatry – including making idols (physical objects treated as God), rearing up graven images (representations of God) and placing figured stone (statues of humans) in your land – is not bad because it is hedonistic, but because all these expressions are attempts to represent God physically. Idolatry is contrasted with the good, keeping Shabbat and reverence for God’s sanctuary. What is God’s is golden; what is an attempt to represent the corpus of God physically is dross.

This is the contrast that the opening two verses of chapter 27 of Leviticus present. What is not as clear, given Kierkegaard’s contrasts between bad aesthetics and good ethics, is what the consequences are of making one choice rather than another in one’s lifestyle. Leviticus makes that abundantly clear. Choose to follow God’s commandments – not because they are dictated by your conscience, but because they are commanded by God, you get great weather for your crops and tremendous yields from your land and trees. The presumption is now that you are a farmer and not a hunter, you are settled, so the prerequisite of successful farming, not only good weather and great soil, but security for yourself and your land, will also accompany this guarantee.

And I will give peace in the land, and ye shall lie down, and none shall make you afraid; and I will cause evil beasts to cease out of the land, neither shall the sword go through your land. (verse 6)

The guarantee will be fulfilled, not through divine intervention, but because of the military superiority of the Hebrew warriors – five will pursue a hundred and a hundred will chase ten thousand. Though the military odds may be stacked very disproportionately against your side, you will nevertheless prevail and your enemy will fall by your sword. (v. 8) God’s guarantee works through human effort, courage and accomplishment. And because that earns God’s respect, the Hebrews will be fruitful and multiply. Because you learn to store up for the bad days, and eat what is stored before the fresh produce, God will be the God of the Hebrews. The Hebrews will be proud and worthy of respect because they will be in bondage to God and not any other human.

Those are the good results of good behaviour. But what if you follow an aesthetic mode that tries to bring God down to the level of humans and raise humans to believe they are living among the Gods? What if you do not make an ethic of obedience to God’s commandments (not your personal conscience) the priority of your individual and collective life? Fire and brimstone!

I will appoint terror over you, even consumption and fever, that shall make the eyes to fail, and the soul to languish; and ye shall sow your seed in vain, for your enemies shall eat it. (v. 16)

And I will set My face against you, and ye shall be smitten before your enemies; they that hate you shall rule over you; and ye shall flee when none pursueth. (v. 17)

Not only will you be smitten by your enemies, but you, the Hebrews being addressed by God, will turn into cowards, ironically fleeing their own shadows. Rather than walking with dignity and pride, their physical strength will drain away as they are assaulted by famine, pestilence, plagues in their own land and beasts of prey that will devour their children. There is no prohibition about punishing the innocents, for the sins of the fathers are bestowed on the next generation. If that were not enough, God Himself will smite the Hebrews. They will never again enjoy the satisfaction of eating, even when bread is in abundance. (v. 26). If that were not sufficient, the Hebrews will be condemned to cannibalism, feeding off the flesh of their own children.

And I will destroy your high places, and cut down your sun-pillars, and cast your carcasses upon the carcasses of your idols; and My soul shall abhor you. (v. 30)
And I will make your cities a waste, and will bring your sanctuaries unto desolation, and I will not smell the savour of your sweet odours. (v. 31)

So the land of the Israelites will be laid desolate and the Hebrews themselves will become refugees and will be scattered over the whole earth. The few left in their homeland will cringe at the sound of a falling leaf. The many scattered abroad will pine away, immersed in their iniquities and nostalgia. But not forever. For God will remember the deal he made with the founding fathers, with the patriarchs. Even though the Hebrews are being punished for the sins of their forefathers and their forefathers before them back for a hundred generations, God, like a loving parent, will not forget His children.

After all this horror show of threats, in the next chapter we are thrust into an entirely different universe, not the universe of rewards for obedience and dire punishments for disobedience, but a universe of economics. And it is not an economics of the market, but one based on functionality according to age, gender, state of health and capacity for productive labour. God fixes the tax rate. You pay taxes on your cattle in accordance with its health and on your land in accordance with its utility. And a 10% commission goes to God, or, at least, to his priests and upkeep of His sanctuary.

What are we to make of all this? We shift from radical disproportionality when it comes to moral behaviour, that is, when it comes to obedience and disobedience of God’s commandments, but strict proportionality when it comes to economics and self interest. In 2000, Alan Dershowitz published a book entitled, The Genesis of Justice: Ten Stories of Biblical Injustice that Led to the Ten Commandments. It is a book about measure for measure, between harm caused and punishment inflicted. But these chapters of Leviticus are about disproportionality when it comes to the meting out of punishment for disobedience to God’s commands. That is why chapter 26 stands in such stark contrast to chapter 27. The injustice of it all is appalling.

Dershowitz argues that this was the nature of the ethical world before the Hebrews received the ten and all the other commandments. But chapter 26 suggests otherwise. For the punishment for disobeying those commandments is so out of proportion to the alleged crime – if there is any crime at all since the issue is not criminality or harm caused, but disobedience to God. It is not as if people reap what they sow, but that, if they obey, they reap far more than they sow, and, if they disobey, the punishment is a hundredfold, a thousandfold worse. We have asymmetry, not symmetry.

Dershowitz is a believer in historical progress and suggests that the Biblical text offers a tale of progress from gross injustice to a system of fairness under the rule of law. But these chapters suggest the opposite is the case. Whenever it comes to the issue of disobeying God, fairness and proportionality are thrown out the window. While Dershowitz would read into the text ten pivotal moments of the development of justice, I find the evidence points the other way – to a system of proportionality whenever obedience to God’s commandments are not in play, but radical disproportionality when they are in play. We do not move from an ad hoc world of meting out punishment, but into a dichotomous world in which proportionality reigns on the horizontal earthly plane, but when we move to the vertical plane, the issue of fairness becomes irrelevant. Rather than a common law of justice, we are presented with two radically different realms.

Why? Why didn’t God follow the dictum, “Let the punishment fit the crime”? My suggestion is that there are two realms. When it comes to interaction with God, disproportion reigns whether one tries to import God into the material realm, whether one tries to disobey God on the early level or whether one aspires to be God in the heavenly realm. There is no plea for mercy available. Even when one’s enterprise is not an ethical one but an aesthetic one, if one transgresses, there will be punishment, and in inordinate abundance.

Christianity reverses this configuration. Grace is rendered even when unmerited. God’s benevolence comes into prominence rather than His wrath. We are then not rewarded for our works. The value of the proffered blessing far outweighs the value of an act of service. So we still have disproportionality, but turned on its head. Bill Clinton understood this when he got into an argument with Dershowitz over his book. As Clinton put it, “When we are discussing prospective policy, I invite argumentation and debate. When I am commander-in-chief, I want my orders obeyed.” And God wants His orders followed in spades.

The question then is what happens if you do not want to bow down before such an authoritarian figure and, further, know that you can get away with it?