EXOD273 Judaism's imperative of individual culpability adds an important ethical dimension to its criminal laws. Especially in times when groups, domestic or foreign, are perceived as threatening a community's safety, there is a natural inclination to judge a person on the basis of his ethnicity or affiliations, and there are times when the Torah condemns entire nations. [For example, entire nations were at times condemned in the Bible. These include Amalek (this verse, Deut 25:17-19) and the seven Canaanite nations (Num 33:50-56; Deut 7:1-6; 12:29-13:1; 20:10-18), and Midian (Num 31)]. Yet, Judaism's focus on individual culpability tempers this natural inclination to blame someone on the basis of who they are rather than what they did. Moreover, Judaism places high value on an individual's intent in deciding whether that person is criminally culpable. Generally, bad thoughts alone are insufficient for criminal culpability. As the Talmud emphasizes, no person is criminally responsible for any act unless he did that act willfully. B. Avodah Zarah 54a; B. Bava Kamma 28b; M.T. Laws of the Fundamental Principles of the Torah 5:4; Laws of Courts 20:2. (By Laurie L. Levenson, "Judaism and CriminalJustice"

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EXOD274 It was taught: R. Eliezer says: The Holy One Blessed be He has sworn by His throne of glory that if one from among all the nations comes to convert, he is to be accepted; but if he is of Amalek and his progeny he is not to be accepted, as it is written: "From generation to generation" (Mechilta).

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EXOD275 "Remember....Do not forget!" (Deuteronomy 25:17-19) The rabbinic tradition understands this literally and, one must say, enthusiastically: “’Remember’ means by word, ‘Do not forget’ means in the heart, for it is forbidden to forget to despise and hate him.” B. Megillah 18a and Sifrei Devarim, “Ki Teze,” par. 296; compare M.T. Law of Kings 5:5. In the account of this in the Book of Exodus, it is not only Israel who is not supposed to forget: God Himself "will be at war with Amalek throughout the ages." (Exodus 17:16). In rabbinic and medieval literature, Amalek became the symbol of all oppressors of Israel, and that might account for the particular vilification of Amalek in the Jewish tradition. It is not only Amalek, however, for whom God rules out repentance and reconciliation. Already in God’s promises to Abram, Egypt is to be punished, and the sins of Canaan are to be driven out of their homeland for their sins. “You must doom them to destruction,” the Israelites are later told; “Grant them no terms and give them no quarter.” Genesis 15:13-21 and Deuteronomy 7:1-11. Destroying Amalek and the seven Canaanite nations becomes, in fact, a clearly commanded war, one that, in later Jewish law, requires no consultation of the urim ve’tumim (the High Priest’s oracular breastplate) and no confirmation by the Sanhedrin. M. Sotah 8:7 (44b) and M.T. Law of Kings 5:1-5. The tradition is so determined to avenge these wrongs, that, particularly in the stories of Midian and Amalek, it raises difficult moral questions in regarding the difference between soldiers and civilians. Numbers 31 and 1 Samuel 15.

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EXOD277 See [[EXOD623]] Exodus 22:1 death DORFFDRAG 167-8

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EXOD278 See [[EXOD623]] Exodus 22:1 death DORFFDRAG 167-8

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EXOD276 See [[EXOD7]] Exodus 1:9 numerous SACKS 99

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EXOD279 A person who attains a high spiritual level must still remember his obligations to his fellow man. Rashi cites the Mechilta which explains that Yisro sent the following message to Moshe: "If you do not want to come to greet me, come for the sake of your wife; and if you do not want to come to greet your wife, come for the sake of her two sons." Rabbi Simcha Zissel Ziv writes that Yisro was a great philosopher; a sincere and honest seeker of truth. He had experimented with every available form of idolatry, and attained to the awareness that each was void and meaningless (See Rashi to Shmos 18:11). Finally he embraced Judaism. Before he studied, however, he did not know that it was possible for a person to attain a high spiritual level, and still retain a strong interest in his fellow man. He had thought that the two goals were diametrically opposed. He therefore sent Moshe a message that he should come to greet his father-in-law; if not him, his wife; if not his wife, his children. That is, Yisro hinted to Moshe, "You might have reached the apex of spirituality, but you must nevertheless fulfill your social obligations." But the truth is that the Torah encourages us to attain high levels in both spheres: our relationship with God and our relationship with man. It is no light task to excel in both. It takes much effort, but that is our obligation. (Chochmah Umussar, vol. 2, p. 222)

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EXOD280 I would not know who bowed down to whom, and who kissed whom, if not for the fact that it is written: "And a man inquired of the other's well-being." Who is called "a man"? Moses, as it is written (Numbers 12:3): "And the man, Moses, was exceedingly humble" -- whence it is seen that it was Moses, who bowed down to and kissed his father-in-law. From here is derived that one must be solicitous of the honor of his father-in-law (Mechilta).

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EXOD281 We are obligated to honor our parents-in-law. Rabbi Naftoli Tzvi Berlin writes in Haamek Dovor that although Moshe's wife and sons were also coming to him, Moshe made a point of greeting his father-in-law first. He did so because of the obligation to honor one's father-in-law (Yorah Daiah 240:24). (The B'air Hatev adds that a person is also obligated to honor his mother-in-law.) Pele Yoatz (section chomov) writes that a son-in-law (or daughter-in-law) should appreciate the fact that his parents-in-law spent much time and effort in raising their child who is now his wife (or her husband). In gratitude, a person should always treat his in-laws with the proper respect.

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EXOD282 See [[EXOD15]] Exodus 1:17 feared AHAVCH 25

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