Save "Teztaveh 5785 - Confronting collective punishment in this week's Haftarah"
Teztaveh 5785 - Confronting collective punishment in this week's Haftarah
Earlier this year I wrote a commentary about collective punishment as it appears in Parashat Vayera:
Vayera 5785 - Abraham and Collective Punishment | The Innocent Along With the Guilty
Notably, of the thirty-two weekly Torah commentaries I have shared on Sefaria since last summer, this one has been viewed hundreds of times, and to date, more than any of my other commentaries. I infer that the question of collective punishment, and ethnic cleansing, are very much in the minds of many student of Torah these days.
In that commentary, I shared information about the legal definition of collective punishment, including this excerpt from the Geneva Convention:
"Geneva Convention (IV) 1949 Article 33 - Individual responsibility, collective penalties, pillage, reprisals. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited."
""Collective punishment is a punishmentor sanctionimposed on a group or whole community for acts allegedly perpetrated by a member or some members of that group or area, which could be an ethnicor political group, or just the family, friends and neighbors of the perpetrator, as well as entire cities and communities where the perpetrator (s) allegedly committed the crime. Because individuals who are not responsible for the acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility. The punished group may often have no direct association with the perpetrator other than living in the same area and can not be assumed to exercise control over the perpetrator's actions. Collective punishment is prohibited by treatyin both international and non-international armed conflicts, more specifically Common Article 33 of the Fourth Geneva Conventionand Article 4 of the Additional Protocol II."https://en.wikipedia.org/wiki/Collective_punishment#:~:text=International%20law%20posits%20that%20no,Geneva%20Conventions%20and%20their%20protocols"
Notably, we are confronted again with collective punishment in the Haftarah for this week, from 1 Samuel 15.

(ב) כֹּ֤ה אָמַר֙ ה׳ צְבָא֔וֹת פָּקַ֕דְתִּי אֵ֛ת אֲשֶׁר־עָשָׂ֥ה עֲמָלֵ֖ק לְיִשְׂרָאֵ֑ל אֲשֶׁר־שָׂ֥ם לוֹ֙ בַּדֶּ֔רֶךְ בַּעֲלֹת֖וֹ מִמִּצְרָֽיִם׃ (ג) עַתָּה֩ לֵ֨ךְ וְהִכִּיתָ֜ה אֶת־עֲמָלֵ֗ק וְהַֽחֲרַמְתֶּם֙אֶת־כׇּל־אֲשֶׁר־ל֔וֹ וְלֹ֥א תַחְמֹ֖ל עָלָ֑יו וְהֵמַתָּ֞ה מֵאִ֣ישׁ עַד־אִשָּׁ֗ה מֵֽעֹלֵל֙ וְעַד־יוֹנֵ֔ק מִשּׁ֣וֹר וְעַד־שֶׂ֔ה מִגָּמָ֖ל וְעַד־חֲמֽוֹר׃ {ס}

(2) “Thus said the LORD of Hosts: I am exacting the penalty for what Amalek did to Israel, for the assault he made upon them on the road, on their way up from Egypt. (3) Now go, attack Amalek, and proscribe all that belongs to him. Spare no one, but kill alike men and women, infants and sucklings, oxen and sheep, camels and asses!”

וְהַֽחֲרַמְתֶּם֙אֶת־כׇּל־אֲשֶׁר־ל֔וֹ
Translated above (in the JPS translation) as "proscribe all that belongs to them". What does this mean? How many people know what "proscribe" means?
I suggest an alternative translation:
"Utterly destroy everything that is theirs."
Utterly destroy. This is what the verb וְהַֽחֲרַמְתֶּם֙ means.
Let's get down to grammar basics. This is from the verbal root - shoresh - √חרם - to utterly destroy.
It is in second person plural, and in the hifil (causative) binyan: "you shall cause them to be utterly destroyed".
It's thought-provoking to note that this verbal root - √רחם - has a contranymic quality: as you will see from the following excerpt from Gesenius, this verb not only can mean "to extirpate, to utterly destroy", "to shut in", but can also mean "to consecrate", "to devote".
In a Sefaria sheet last summer I explored the contranymics of possession / dispossession; the verb for "dispossess" can also mean "to become impoverished", suggesting that when we dispossess others, we somehow become [morally] impoverished ourselves).
Va'etchanan 5784 The Contranymics of Possession
https://www.sefaria.org/sheets/584150.17?lang=bi
With our word from 1 Samuel 15:3 - √חרם - my attention is drawn to a different dimension of the opposites: could this polarity - "to utterly destroy" / "to consecrate" hint at an area in the human psyche where collective violence becomes conflated with devotion and consecration? This is a pressing question worthy of deep exploration, at a time in history when there is so much violence, suffused with hatred and vengeance, around the globe.

(ז) וַיַּ֥ךְ שָׁא֖וּל אֶת־עֲמָלֵ֑ק מֵֽחֲוִילָה֙ בּוֹאֲךָ֣ שׁ֔וּר אֲשֶׁ֖ר עַל־פְּנֵ֥י מִצְרָֽיִם׃ (ח) וַיִּתְפֹּ֛שׂ אֶת־אֲגַ֥ג מֶלֶךְ־עֲמָלֵ֖ק חָ֑י וְאֶת־כׇּל־הָעָ֖ם הֶחֱרִ֥ים לְפִי־חָֽרֶב׃ (ט) וַיַּחְמֹל֩ שָׁא֨וּל וְהָעָ֜ם עַל־אֲגָ֗ג וְעַל־מֵיטַ֣ב הַצֹּאן֩ וְהַבָּקָ֨ר וְהַמִּשְׁנִ֤ים וְעַל־הַכָּרִים֙ וְעַל־כׇּל־הַטּ֔וֹב וְלֹ֥א אָב֖וּ הַחֲרִימָ֑ם וְכׇל־הַמְּלָאכָ֛ה נְמִבְזָ֥ה וְנָמֵ֖ס אֹתָ֥הּ הֶחֱרִֽימוּ׃ {פ}

(7) Saul destroyed Amalek from Havilah all the way to Shur, which is close to Egypt, (8) and he captured King Agag of Amalek alive. He proscribed [utterly destroyed] all the people, putting them to the sword; (9) but Saul and the troops spared Agag and the best of the sheep, the oxen, the second-born, the lambs, and all else that was of value. They would not proscribe them [ie they would not destroy livestock of value]; they proscribed [uttterly destroyed] only what was cheap and worthless.

"they proscribed [utterly destroyed] only what was cheap and worthless"... does this mean that all of the humans whose lives were taken were "cheap and worthless"?
It is clear at once that these verses from 1 Samuel - which are from this week's (Parashat Tetzaveh) - are talking about collective punishment. Generations before, the Amalekites had treated bnei Israel harshly as the Israelites traversed the Amalekites' territory on their journey from Egypt. Generations before. What is the purpose of killing men, women and children who were born generations after the indisputable offense of their ancestors? Similarly, what is the purpose, what is the justice, of killing men, women and children, who are claimed to be somehow connected to perpetrators of heinous crimes?
Now, hundreds of years later in the narrative, God commands Samuel to "proscribe" the Amalekites - surely a euphemistic translation. The word often translated as "proscribe" actually means "utterly destroy". So, let's be real: God is instructing Samuel to engage in collective punishment, which - at the risk of upsetting some of my readers - I will go so far as to call ethnic cleansing.
Scholar Mark Zvi Brettler, Biblical scholar, co-editor of the Jewish Study Bible among numerous books he has written and edited, Professor of Judaic Studies at Duke University, wrote, almost a year ago, in commenting on this part of 1 Samuel - Destroying Amalek (March 25, 2024):
"These passages describe a complete ethnic cleansing (“kill alike men and women, infants and sucklings”) in retaliation for Amalek’s unprovoked attack on Israel when they “were famished and weary” (Deut 25:18). Such genocide, including even the youngest of children, is morally abhorrent; when we teach such texts, we must say so. This is a dangerous biblical text since it is being used, even now, to justify the wholesale murder of any person perceived to be an Amalekite...."I am writing this several months after October 7, 2023, when the terrorist organization Hamas murdered over 1,200 Israelis and captured approximately 230 hostages. Hamas raped women and butchered children. Given the brutality of these events, some have written that all residents of Gaza, and in some cases, all Palestinians, are Amalek, and must be obliterated, young and old, men, women, and children. This is a dangerous claim, especially when it is applied even to men who opposed Hamas, and to women and children who were not involved in the pogrom and its aftermath."
I am grateful to have found Dr. Brettler's commentary, and wish I'd found it a year ago. The past seventeen months have been particularly ethically challenging. I will close with sharing the ending of Dr. Brettler's essay:
"It is quite possible that the original authors of the biblical passages did imagine killing all Amalekites. Even if we bowdlerize the biblical texts that we assign to students, some will discover these passages, so it is our responsibility to call these texts out. We might share with our students the following strategies for dealing with the problems in this (and similar) texts:(1) The text presents ancient norms of war that are no longer applicable;(2) the Hebrew was misvocalized, and the text originally mandated killing only adult male (combatants);(3) the Amalekites may have never existed (23) and this is a type of theoretical law, never meant to be implemented (24);(4) similar to the previous suggestion, the genocide of Amalek might be understood not as history, but on the basis of “a transference of fears of national destruction” or other psychological explanations (25);(5) much of later Jewish tradition eliminated this commandment;(6) Jewish tradition has never taken all parts of the Bible literally and with equal seriousness (26).But whatever strategy or strategies we choose, we must condemn the ethnic cleansing that the text in its current form advocates. The biblical text risks serving as a dangerous and horrific model. We cannot be silent as our students read these and similar texts—or we, as educators, will have blood on our hands." (emphasis added)
https://jewishstudies.duke.edu/news/destroying-amalek
Notably, in the Jewish Study Bible (co-edited by Dr. Brettler), there is a note to the verb cherem (a note to Joshua 6:18):
"Proscribed" (cherem) set aside and forbidden to use, whether due to consecration to the LORD (Lev 27:28) or because it is an abomination. (Jewish Study Bible, note p. 452)

(יח) וְרַק־אַתֶּם֙ שִׁמְר֣וּ מִן־הַחֵ֔רֶם פֶּֽן־תַּחֲרִ֖ימוּ וּלְקַחְתֶּ֣ם מִן־הַחֵ֑רֶם וְשַׂמְתֶּ֞ם אֶת־מַחֲנֵ֤ה יִשְׂרָאֵל֙ לְחֵ֔רֶם וַעֲכַרְתֶּ֖ם אוֹתֽוֹ׃

(18) But you must beware of that which is proscribed, or else you will be proscribed: if you take anything from that which is proscribed, you will cause the camp of Israel to be proscribed; you will bring calamity upon it.

Today I will say as well: each of us, as we engage with this text, must not be silent. We must question and explore - even in our intimate ethical grapplings with ourselves - otherwise we - educators or not - will have blood on our hands.