Former Chief Rabbi Lord SacksRabbi Dr. Sacks was Chief Rabbi of the United Hebrew Congregations of the Commonwealth 199-2013 and a member of the House of Lords since 2009. He has authored many books on Judaic thought, appears regularly in the British media and has kindly allowed us to post his essay on the Sabbath Torah reading each week as well as other sermons.
Jacob and Esau are about to meet again after a separation of twenty two years. It is a fraught encounter. Once, Esau had sworn to kill Jacob in revenge for what he saw as the theft of his blessing. Will he do so now – or has time healed the wound? Jacob sends messengers to let his brother know he is coming. They return, saying that Esau is coming to meet Jacob with a force of four hundred men. We then read:
Then Jacob was greatly afraid and distressed. (32: 8)
The question is obvious. Jacob is in the grip of strong emotions. But why the duplication of verbs? What is the difference between fear and distress? To this amidrash gives a profound answer:
Rabbi Judah bar Ilai said: Are not fear and distress identical? The meaning, however, is that “he was afraid” that he might be killed. “He was distressed” that he might kill. For Jacob thought: If he prevails against me, will he not kill me; while if I prevail against him, will I not kill him? That is the meaning of “he was afraid” – lest he should be killed; “and distressed” – lest he should kill.
The difference between being afraid and distressed, according to the midrash, is that the first is a physical anxiety; the second a moral one. It is one thing to fear one’s own death, quite another to contemplate being the cause of someone else’s. However, a further question now arises. Surely self-defence is permitted in Jewish law? If Esau were to try to kill Jacob, Jacob would be justified in fighting back, if necessary at the cost of Esau’s life. Why then should this possibility raise moral qualms? This is the issue addressed by Rabbi Shabbetai Bass, author of the commentary on Rashi, Siftei Chakhamim:
One might argue that Jacob should surely not be distressed about the possibility of killing Esau, for there is an explicit rule: “If someone comes to kill you, forestall it by killing him.” None the less, Jacob did have qualms, fearing that in the course of the fight he might kill some of Esau’s men, who were not themselves intent on killing Jacob but merely on fighting Jacob’s men. And even though Esau’s men were pursuing Jacob’s men, and every person has the right to save the life of the pursued at the cost of the life of the pursuer, none the less there is a condition: “If the pursued could have been saved by maiming a limb of the pursuer, but instead the rescuer killed the pursuer, the rescuer is liable to capital punishment on that account.” Hence Jacob feared that, in the confusion of battle, he might kill some of Esau’s men when he might have restrained them by merely inflicting injury on them.
The principle at stake, according to theSiftei Chakhamim, is the minimum use of force. Jacob was distressed at the possibility that in the heat of conflict he might kill some of the combatants when injury alone might have been all that was necessary to defend the lives of those – including himself – who were under attack.
There is, however, a second possibility, namely that the midrash means what it says, no more, no less: that Jacob was distressed at the possibility of being forced to kill even if that were entirely justified.
At stake is the concept of a moral dilemma. A dilemma is not simply a conflict. There are many moral conflicts. May we perform an abortion to save the life of the mother? Should we obey a parent when he or she asks us to do something forbidden in Jewish law? May we break Shabbat to extend the life of a terminally ill patient? These questions have answers. There is a right course of action and a wrong one. Two duties conflict and we have meta-halakhic principles to tell us which takes priority. There are some systems in which all moral conflicts are of this kind. There is always a decision procedure and thus a determinate answer to the question, “What shall I do?”
A dilemma, however, is a situation in which there is no right answer. I ought not to do A (allow myself to be killed); I ought not to do B (kill someone else); but I must do one or the other. To put it more precisely, there may be situations in which doing the right thing is not the end of the matter. The conflict may be inherently tragic. The fact that one principle (self-defence) overrides another (the prohibition against killing) does not mean that, faced with such a choice, I am without qualms. Sometimes being moral means that I experience distress at having to make such a choice. Doing the right thing may mean that I do not feel remorse or guilt, but I still feel regret or grief that I had to do what I did.
A moral system which leaves room for the existence of dilemmas is one that does not attempt to eliminate the complexities of the moral life. In a conflict between two rights or two wrongs, there may be a proper way to act (the lesser of two evils, or the greater of two goods), but this does not cancel out all emotional pain. A righteous individual may sometimes be one who is capable of distress even when they know they have acted rightly. What the midrash is telling us is that Judaism recognises the existence of dilemmas. Despite the intricacy of Jewish law and its meta-halakhic principles for deciding which of two duties takes priority, we may still be faced with situations in which there is an ineliminable cause for distress. It was Jacob’s greatness that he was capable of moral anxiety even at the prospect of doing something entirely justified, namely defending his life at the cost of his brother’s.
That characteristic – distress at violence and potential bloodshed even when undertaken in self-defence – has stayed with the Jewish people ever since. One of the most remarkable phenomena in modern history was the reaction of Israeli soldiers after the Six Day War in 1967. In the weeks preceding the war, few Jews anywhere in the world were unaware that Israel and its people faced terrifying danger. Troops – Egyptian, Syrian, Jordanian – were massing on all its borders. Israel was surrounded by enemies who had sworn to drive its people into the sea. In the event, it won one of the most stunning military victories of all time. The sense of relief was overwhelming, as was the exhilaration at the re-unification of Jerusalem and the fact that Jews could now pray (as they had been unable to do for nineteen years) at the Western Wall. Even the most secular Israelis admitted to feeling intense religious emotion at what they knew was an historic triumph.
Yet, in the months after the war, as conversations took place throughout Israel, it became clear that the mood among those who had taken part in the war was anything but triumphal. It was sombre, reflective, even anguished. That year, the Hebrew University in Jerusalem gave an honorary doctorate to Yitzhak Rabin, Chief of Staff during the war. During his speech of acceptance he said:
“We find more and more a strange phenomenon among our fighters. Their joy is incomplete, and more than a small portion of sorrow and shock prevails in their festivities, and there are those who abstain from celebration. The warriors in the front lines saw with their own eyes not only the glory of victory but the price of victory: their comrades who fell beside them bleeding, and I know that even the terrible price which our enemies paid touched the hearts of many of our men. It may be that the Jewish people has never learned or accustomed itself to feel the triumph of conquest and victory, and therefore we receive it with mixed feelings.”
A people capable of feeling distress, even in victory, is one that knows the tragic complexity of the moral life. Sometimes it is not enough to make the right choice. One must also fight to create a world in which such choices do not arise because we have sought and found non-violent ways of resolving conflict.