By Rabbi Rachel Esserman

Western society’s legal system has been influenced by biblical law, even when lawmakers don’t specifically reference the Bible in their thinking. Instead, these laws serve as the underpinning of the system, something that is often taken for granted. Daphne Barak-Erez explores the connections and disconnections between biblical laws and contemporary dilemmas in “Biblical Judgments: New Legal Readings in the Hebrew Bible” (University of Michigan Press). Barak-Erez, a justice of the Supreme Court of Israel and a former dean and professor at Tel Aviv University, does not offer a historical study of the development of biblical laws, but, rather, focuses on the way these laws can shed light on potential solutions for contemporary problems.

Barak-Erez presents more than 120 short essays – usually only three to four pages each – that discuss a wide variety of topics. Her work is divided into six parts, including sections on “Law and Government,” “Judging and Judges,” Human Rights and Social Justice,” “Criminal Law,” “Private Law” and “Family and Inheritance Law.” The author notes that she does not offer traditional rabbinic interpretations of biblical laws for three reasons: 1) those interpretations usually feature predetermined choices while she prefers readers to be open to a variety of possibilities; 2) she believes that every reader of the Bible should be able to see the work from their own particular perspective and 3) her focus is on legal and jurisprudential parts of the law in which traditional commentators were generally not interested. 

While the essays are easy to read, they do assume some familiarity with the biblical text. However, Barak-Erez provides footnotes on each page that tell where in the Bible the relevant information can be found. It would be difficult, although not impossible, to use the book for Torah study since the work does not follow the order of the laws as offered in the biblical text. Readers can access that information, though, through the index. 

Sometimes the same story is used to illustrate more than one topic. For example, the tale of Joseph and Potiphar’s wife is discussed in the “Judges and Judging” and the “Human Rights and Social Justice “ sections. The former case focuses on the “he said, she said” principle with Joseph and Potiphar’s wife offering different testimony about what happened. It also looks at the physical evidence available and how it could be interpreted. In addition, the author writes of other methods that have been used to decide guilt and innocence in the past, for example, the use of casting lots (based on the belief that God would make the guilty party known). However, Barak-Erez notes that, in the regular course of events, most legal decisions have been based on physical evidence and witness testimony. In the social justice section, the author looks at the sexual harassment aspects of the case, since a person in a position of power (Potiphar’s wife) was demanding sexual contact from someone in a lesser position of power (Joseph). Barak-Erez also discusses Queen Vashti from the Book of Esther to show the possibility of retaliation that can occur when someone refuses a superior’s advances. 

Each essay held something of interest, but some stood out for this reader:

• “Caleb hushed the people” – The Importance of Minority Opinions” focuses on the story of the 12 spies in the book of Exodus, when 10 of the spies sent to Canaan declare that it would be impossible for the Israelites to conquer the land. Although this was the majority opinion, two spies – Caleb and Joshua – felt differently. At first, their opinions weren’t solicited, that is, until Caleb told the people to be quiet and listen to him. Although, ultimately, he failed to convince the Israelites, Barak-Erez sees the principle of including minority opinions as extremely important. She notes that this doesn’t mean that the minority opinion will win, just that it needs to be heard. The author also mentions that in the Anglo-American courts, minority opinions are released along with those of the majority so people can learn what every justice thought.
• “The Judgment of Solomon – What Is a Just Trial” offers a fascinating look at what should serve as the more important aspect of a trial: a fair process or a just outcome. The case under discussion requires Solomon to decide which of two women claiming to be a baby’s mother is the true parent. Without DNA evidence, Solomon picks who he thinks will be the best parent, which does not actually mean that is the birth parent. Barak-Erez also discusses a modern play, “The Caucasian Chalk Circle,” that focuses on a similar dilemma. She notes that “in reality, we do not typically know what is the ‘right’ outcome. Therefore, when striving toward a resolution, our standard of choice is procedural justice. Fair procedure does not guarantee a desirable outcome, but it nonetheless increases the chance of its attainment.”
• “Vengeance – Vigilantism and Lynching” features an unexpected comparison between vigilantly justice and social media. The biblical case under discussion is from the book of Numbers when Pinchas stabs and kills an Israelite man and the Midianite woman with whom he is having sex. Pinchas and his descendants are rewarded and most commentators offer positive interpretations of his action. Barak-Erez notes, though, how this type of justice as worked against Jews over the centuries, including the lynching of Leo Frank in the American South. She also writes how accusations on social media treat people as guilty without giving them an opportunity to defend themselves and often have great negative effect on their lives. The author sees two sides of the issue: 1) these anonymous sources offer no way for the accused to defend themselves, making them metaphorically the equivalent of a lynching or 2) the posts serve as “the last resort of disempowered individuals who are unable to directly contend with a well-heeled or prominent perpetrator with great resources.” She also notes that “sometimes, they are [both] at the same time.”
• “Gleanings, Forgotten Produce, and the Edges of the Field – From Social Duties to Social Rights” explores the biblical commandment to leave the corners of fields from which the poor can gather food by focusing on the story of Ruth and Naomi from the book of Ruth. Barak-Erez looks at the development of welfare laws in modern times, which help provide for the poor. She notes the differences between Ruth and Naomi in their ability to gather from the field: while Ruth is young and strong enough to do so, Naomi is too old to do the same. The author discusses the difference between assistance to the poor as a form of religious charity and compares it to legal systems that provide for the poor through governmental actions. She see these governmental actions as a way of acting according to biblical laws, although now in a form that suits a non-agricultural society.
• “Dinah, the Levite’s Concubine, Tamar, and the Revolt of Absalom – Rape and Sexual Abuse” discusses several different rapes that occur in the Bible and the characters’ reactions to them. Particularly interesting was the story of Absalom’s sleeping with his father’s concubines, which Barak-Erez sees as a rape that is often not discussed by commentators. She notes the reactions to Dinah’s rape, with Jacob ignoring what occurred, while Simeon and Levi overreacted by killing others in addition to the rapist. (The author discusses this in more detail in other essays in her book.) Perhaps the most horrific case is the rape of the Levite’s concubine in the book of Judges, which ends in the concubine’s death, as she was sacrificed (without her consent) in place of the Levite who made no attempt to save her. In all of these cases, Barak-Erez notes that the woman’s point of view is often ignored. None of these women were consulted about the actions the men took to avenge them. The author’s focus, therefore, is on getting the law to take note of and listen to women’s voices.

“Biblical Judgments” offers thought-provoking discussions about the biblical legal system and our contemporary one. With its more than 120 essays, it’s impossible to do justice to its depth. One does not need to be a lawyer or biblical scholar to find much of interest in its pages. General readers should also enjoy this stimulating work.