Masei, Miklat and Trickle Down Morality

Parshat Masei covers things the Jewish people would need to know once they arrived in Israel. Hashem instructs Moshe, and Moshe relays the message. The 5th aliya deals with the land's division and, in doing so, touches upon the cities of refuge where accidental killers can go and be protected.

"Hashem spoke to Moses, saying, Speak to the Children of Israel and say to them: 'When you cross the Jordan to the land of Canaan, you shall designate cities for yourself, cities of refuge shall they be for you, and a murderer, who takes a life unintentionally shall flee there. The cities shall be a refuge for you from the redeemer, so that the murderer will not die until he stands before the assembly of the judgment. As to the cities that you shall designate, there shall be six cities of refuge for you. Three cities shall you designate on the other side of the Jordan, and three cities shall you designate in the land of Canaan; they shall be cities of refuge. For the Children of Israel and the proselyte and resident among them shall these six cities be a refuge, for anyone who kills a person unintentionally to flee there.'" (Bamidbar 35: 9-15)

Observing that the number of cities of refuge would be equal inside and outside Israel, The Talmud in Makkot wonders:

[Why] Were three cities [necessary] in Trans-Jordan [the same as] three cities for the [whole] land of Israel (as there were many more tribes in Canaan, why would both areas require the same number of cities of refuge)? Said Abaye: By reason that murder was rife in Gilead [Gilead is in Trans-Jordan, and thus Trans-Jordan would disproportionately require cities of refuge] (Makkot 9b).

On the face of it, Abaye's answer falls flat. After all, these safe cities are meant for ACCIDENTAL killings. What is the connection between that scenario and one where actual (and planned) murder rakes place?

Rabbi Yitzchak Blau of Yeshivat Hamivtar offers 2 classic commentaries.

"Ritva suggests that intentional murderers pretended that their acts were accidental and they fled to cities of refuge until the courts could sort out who belonged where. Thus, a more murderous society does require more cities of refuge. (Rabbi Blau gave a nice contemporary parallel when giving this shiur at The Jewish Center, adding: "When the mafia moves into town, a lot of "accidents" suddenly occur")

Maharal suggests a more powerful answer. A society with many murderers clearly does not value human life nor recoil at the idea of causing a person’s demise. Such a society will also have more inadvertent murder because it will not take the precautions that would limit such occurrences....

The relationship between negligence and willful misbehavior is a point of broad educational significance. Moral and religious success mandates internalizing the notion that "I didn’t mean it" often fails to excuse.

I find Rabbi Blau's words, and the Maharal's idea, striking. They remind me of a story told by Rabbi Telushkin in his "Words That Hurt, Words That Heal." A successful Hollywood producer “flipped out,” making quite a scene, yelling and worse. "I can't help myself, I lost my temper," he rationalized. Sadly, it's a familiar enough scenario, and a familiar way that we all let ourselves off the hook.

Fortunately, though, this Producer wasn't let off the hook. An actor called him aside and shared some powerful advice.

The advice he was given changed his life. It is both simple and profound, and goes to the very heart of responsibility, as does the Maharal with which we started.

The producer was asked what would happen if he knew that he would have to pay a $1 million fine every time he lost his temper.

A simple question, but the truth of the answer is unavoidable:

We can control our reactions, the things we do, the way we treat those around us.

We can value values.

The extra care we show can make itself felt in concrete ways.

In the same way that a society which doesn't care about life will invariably see death flourish, a society which focuses on love, friendship and concern, will spread life --and be a tribute to the kind of life worth living.

This reminder and aspiration is especially appropriate in the week before Tisha B'Av. We are ready to show God: we have, finally, learned our lesson. The Temple was destroyed because Jew hated Jew, needlessly, inappropriately, excessively. The time for ahavat chinam is long overdue. But it is here. We love each other, and we will go to any length to demonstrate that love.