Parshat Mishpatim – February 21, 2025 / 23 Sh’vat, 5785

Our prayer service is sprinkled with so much mention of peace. Shalom Aleichem, Shalom Rav, Sim Shalom, Oseh Shalom, the list goes ever onward. An abundance of prayers for peace are directed toward, or include, Israel. The first word in Hebrew that mostly every Jewish child learns is the word for peace, shalom. With shalom in mind, we know that in the land of Israel, in Gaza, and also in the arenas of discourse around the world focused on Israel, there seems to be everything but shalom. This Shabbat might be especially charged with a feeling void of shalom, as we are reeling from the brutal loss of Kfir and Ariel Bibas, and their missing mother Shiri, victims of October 7th. We honor that current pain as I continue tonight…It is no secret that in November of 2024, the United Nations released a report calling Israel’s warfare in Gaza consistent with the characteristics of genocide…What an accusation, especially when coupled with no unanimous condemnation of Hamas’ barbaric actions. On the other hand, the Israel Defense Forces have what is called the “ruach zahal,” which means, “Spirit of the IDF.” This is a code that is supposed to represent the values of the Israeli military, and it is said to spring from three fundamental values: Defense of the State, its citizens and residents, patriotism and loyalty to the state, and finally, human dignity. Every IDF soldier is charged with preserving human dignity. Human life and purity of arms are later mentioned in the IDF’s ruach zahal. How can this democracy with such a large focus on human dignity and the value of life be called everything from irresponsible, to war criminals, to genocidal? These are widespread terms…we must not shy away from them.

A section of this week’s Torah portion again rises from the page to meet the moment. Parsha Mishpatim, which means ordinances, lays out for us many laws, both civil and criminal. I would like to share one with you this week. The first verse of Exodus chapter 22 says in Hebrew, “Im bamachteret yimazei ha-ganav v’hukah vameit ein lo damim- If the thief is discovered while tunneling in, and he is struck and dies, there is no blood-guilt on his account.” If the thief is discovered while tunneling in. The terror group Hamas, which killed thousands of Israeli citizens and took hundreds more hostage on October 7th 2023, is quite famous for what the Israel Defense Force calls “The Gaza Metro.” What is the Gaza Metro? Hamas itself reported two years before the attacks of October 7th, that it had an elaborate network of tunnels underneath Gaza; a network that stretched about 500 kilometers, or 310 miles long. This is about half the length of the New York Subway system’s total tracks. These tunnels contain spaces for launching rockets and other attacks, logistics areas, and also transportation sections. We also know they have been used to seize and keep hostages stolen from Israel on October 7th.

Let’s not pull punches here. Hamas uses these tunnels for theft. They steal resources meant for infrastructure, they steal safety from Gazans, they steal lives from Israelis, and they have been used to literally steal people from Israel and keep them. This conversation; it is uncomfortable and difficult. The fact remains that our Torah talks about it. Our holiest book tackles this subject head-on. In a section of Torah so full of ordinances, and discussion about crime and punishment, we are given instructions regarding the difficult principle called, “l’harg’cha hashkeim l’hargoh- If someone comes to destroy you, act first, and destroy them.” This is certainly a troubling passage to confront, but an important one nonetheless. Our Torah, backed by our Talmud, makes it clear that the elimination of the threat; of the one who is tunneling into your home to pursue you, loses their right to safety, and possibly even life. Rashi, our great French sage, says that the one who wipes away this person has no “blood guilt,” or “lo damim,” because it is as if the attacker who is tunneling in had no blood at all. In Judaism, blood, “dam,” is the life force, or the source of our lives. With this in mind, the tunneling thief has already forfeited their life in taking such heinous actions against another. 

It is no secret to me that even broaching these ethical and moral subjects brings out differences of opinion, of philosophy, and of information. Differences are good. Opinions across the spectrum of belief do ensure that none of us are shouting into an echo chamber of non-productive noise. Perhaps, no matter our thoughts about the intricate geopolitics of Israel, Palestine, and the surrounding areas, we can come to a place of agreement that is steeped in Torah values. As Jewish people, we have been pursued by so many who wish to do us harm throughout our long history. If we discover the thief tunneling in, stealing what is most precious to us… lives…I ask…what is the correct response? How do we know when “purity of arms,” as outlined by the IDF, is still being maintained? Let’s look at some of this Purity of Arms Code, or Tohar Ha-neshek: “IDF servicemen and women will use their weapons and force only for the purpose of their mission, only to the necessary extent, and will maintain their humanity even during combat. IDF soldiers…will do all in their power to avoid causing harm to [their] lives, bodies, dignity and property.” This charge holds even as hostages are still captive, and the small trickle that emerges back to Israel from Gaza looks disturbingly similar to their grandparents emerging from liberated nazi death camps. It holds even to this moment of anger, sadness, and pain amidst the lost faces of little red-haired Bibas boys.

As Jews, we are charged with maintaining the dignity of humanity, defending ourselves, and also being examined endlessly underneath the microscope of world opinion and criticism. This is a difficult task, but one that our people are equipped to handle. It is possible to be two things at the same time. We can uphold our moral and ethical principles, and we can defend ourselves. We can also make mistakes…we can also be imperfect. Would the world have us sit idly by while terror tunnels in? Would we be still for fear of criticism? I say “us” and “we” because what happens in and to Israel impacts us, whether we like it or not. The fate of the State of Israel is intertwined with the fate of the Jewish people, and any winds in the east will be felt here in the west. 

Let all of us, on this holy Shabbat, remember the tunnelers deserve to be stopped. The thieves who have proven themselves dangerous have already sacrificed the “damim,” the stuff of life. How do we maintain our righteousness, our sense of self, our purity of arms, through such impossible terrain? When others descend into the dark tunnels of inhumanity, how do we maintain our humanity? Perhaps we must always remember that the goal is not defense and destruction. The goal is, has always been, and always should be, shalom. Let us, no matter our current hurt, no matter our pain, not lose who we want to be while protecting who we are. Our challenge is immense. We will be criticized, and we can even be the critics. We meet the challenges together in the difficult discussions with respect and dignity…We wrestle with the good and the right together. But we do it above ground in the daylight; not in the dark tunnels reserved for terror and bloodlessness. The light that shines on our faces, even through the tears of despair and loss, this light provides the fuel needed to endure, as we cling white-knuckled to hope. Endure we will. It is what we do. 

Shabbat Shalom.