Tag Archives: Great Dispersion

Hammurabi, Abraham, and an Eye for an Eye

This week’s Torah reading is Mishpatim, literally “ordinances”, which is primarily composed of legal matters, as its name suggests. One of the most famous Torah phrases is found in this parasha: “you shall give a life for a life, an eye for an eye, a tooth for a tooth…” (Exodus 21:23-24). In legal terms, this is known by the Latin lex talionis, the law of retaliation.

Most people are well aware of the fact that in Judaism, this verse was never taken literally. It does not mean that if one person poked out the eye of another, then his eye gets poked out in turn. A simple example: what if the person doing the poking out is blind? Then poking out his eye in retaliation wouldn’t accomplish anything! And so, Jewish law is unequivocal on the fact that the Torah verse simply means that the punishment should fit the crime. In most cases, the punishment comes in the form of appropriate monetary compensation. The compensation should include medical expenses, lost wages, and the costs for the damages, both physical and emotional.

The Vilna Gaon had a beautiful way of proving that the Torah never meant retaliation, but financial remuneration instead. In Hebrew, the verse literally says “an eye under an eye” (ayin tachat ayin). The word for eye is עין, where the first letter is “under” (ie. alphabetically before) the letter פ, the second letter is under the letter כ, and the final letter is under ס. The letters above spell כסף, literally “money”. Thus, when the Torah says an eye under an eye, it secretly hints to monetary compensation.

In Roman law, as well, lex talionis referred to financial compensation, and not direct retaliation. However, a more ancient legal system – one that predates both Roman law, and even Jewish law – did indeed use this principle literally. In fact, this legal system phrases the law in a very similar way.

The Code of Hammurabi

In 1901, archaeologist Gustave Jéquier made a monumental discovery while excavating around the ancient Persian city of Susa. A massive stone stele with 44 columns of text written in the ancient Akkadian language. By the following year, the stele had been translated. It was a legal code, composed of 282 laws, dating back almost four thousand years to the reign of the Babylonian king Hammurabi (c. 1810-1750 BCE). The code begins with a brief legendary history of Babylon:

Stele of Hammurabi's Code, currently housed at the Louvre in Paris

Stele of Hammurabi’s Code, currently housed at the Louvre in Paris. The top of the stele depicts Hammurabi receiving the laws from his patron god, Marduk.

When Anu the Sublime, King of the Anunnaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, god of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak…

The text (which can be read in full here) then lists the laws of Hammurabi’s kingdom. It is amazing to see how many laws parallel those of this week’s parasha, among them laws of slavery, theft, and damages. Some are even expressed in similar phrases. Law #196: “If a man put out the eye of another man, his eye shall be put out.”

Who is Hammurabi?

Hammurabi’s code is perhaps the earliest known legal system. In fact, it is one of the oldest pieces of text ever discovered. Incredibly, archaeologists have also uncovered a multitude of tablets and writings from his reign, including as many as 55 of his own letters. And Hammurabi’s greatness goes far beyond these writings.

Mesopotamia at the time of Hammurabi

Mesopotamia at the time of Hammurabi

Though initially his reign was peaceful, Hammurabi was soon mired in various wars by the aggression of neighbouring city-states. Hammurabi came out on top, and by the end of his reign had unified all the city-states of Mesopotamia under the Babylonian banner. He transformed Babylon into a metropolis and temple-laden holy city, putting it on the map for eternity. Thousands of years later, Jews still refer to the Talmud as the Bavli, the Babylonian (due to its composition in formerly-Babylonian lands, and to distinguish it from the lesser-known Yerushalmi Talmud).

Of course, Babylon also made its way into the Torah. Before there is mention of any of our patriarchs, there is mention of the city of Babylon, with its Tower soaring to the Heavens, and drawing God’s wrath. And it appears that Hammurabi himself made it into the Holy Book.

While “Hammurabi” is an Anglicized name, the king’s name was actually pronounced Ammurapi, or Ammuraphi. In Genesis 14 we read: “And it came to pass in the days of Amraphel, king of Shinar…” Shinar is the Biblical name for Mesopotamia (likely stemming from shnei naar, the land between the two rivers, which is the same as the Greek Mesopotamia). Meanwhile, Rashi comments that Amraphel was none other than Nimrod, the great king of Babylon.

The tradition surrounding Nimrod is rich and varied. The Torah says he was a “great hunter before God” (Genesis 10:8) which some interpret to mean that he was a righteous, God-fearing man (Hammurabi’s stele also describes him as God-fearing). Others point out that his name Nimrod means “to rebel”, so he must have been the rebel who built the Tower of Babel in an attempt to conquer the Heavens.

Whatever the case, after the Great Dispersion and the confounding of languages that followed the Tower, Nimrod became Amraphel. His exit from the Torah comes at the hands of Abraham, who miraculously defeated him in the War of the Kings.

Though there is no way to say for sure that Hammurabi is Amraphel, or if he ever encountered Abraham, what we do know is that their lifespans certainly overlapped. The traditional Jewish dating for Abraham’s birth corresponds to the year 1812 BCE, while historical records suggest that Hammurabi was born around 1810 BCE.

Unfortunately, looking back so far into history is often futile, and presents a murky image at best. Perhaps future archaeological discoveries will clear up the past. Alas, for the time being we are left only to wonder about what could have been…

The Flood, the Tower, and Egypt: Why Did the Israelites Have to be Enslaved?

This week’s Torah portion is Miketz, which continues the narrative of Joseph’s meteoric rise to power in Egypt. Two years after Joseph correctly interpreted the dreams of his co-prisoners, the Pharaoh’s servants, he is summoned to interpret the bizarre dream of Pharaoh himself. Contrary to popular belief, it was not that Joseph was the only one who had an interpretation at all. The Pharaoh had his own soothsayers, priests, and interpreters. Rather, Joseph’s dream was the only one that came with a plan of action. Impressed, Pharaoh appointed Joseph to put his plan in motion. And Joseph did not disappoint.

After seven years of bountiful harvests, the seven years of famine began. The people quickly ran out of food. (Rashi comments here that although all of Egypt knew that a famine would come, and the whole population stored food for themselves, they found that what they had stored had rotted away.) Thankfully, Joseph had stored plenty of provisions in the royal granaries. The populace “cried out to Pharaoh” for bread, and Pharaoh told them: “Go to Joseph, and do what he tells you.” Rashi quotes a famous Midrash that says Joseph decreed that anyone wanting to receive food must first be circumcised!

Carved Circumcision Scene from a Temple in Luxor, Egypt, c. 1360 BCE (Credit: Lasse Jansen)

Carved circumcision scene from a temple in Luxor, Egypt, c. 1360 BCE (Credit: Lasse Jansen)

Amazingly, archaeological evidence shows that circumcision was, in fact, common during Egypt’s 18th dynasty (1543-1292 BCE), which is when these events of the Torah would have taken place. Last year, we wrote of the archaeological evidence corroborating the story of Joseph through the historical figure of Yuya. Yuya also lived during the 18th dynasty, around the time of the carved scene depicted here.

History aside, the big question is: why would Joseph want the Egyptians circumcised?

Adam, the Flood, and the Tower of Babel

The bulk of the Arizal’s commentary on this parasha (in Sha’ar HaPesukim) is dedicated to the above question. He presents an incredible answer, and starts with the following:

“Those 130 years before Moses was born were in order to bring down the sparks of the holy souls that were released by Adam, the first man, through his wasted seed during his first 130 years.”

Biblical chronology shows us that the Israelites spent a total of 210 years in Egypt. The Torah also tells us that Moses was around 80 years old at the time of the Exodus. That means he was born 130 years after the Israelite immigration to Egypt. At the same time, the Torah tells us that Adam had his third son, Shet (or Seth, in English), when he was 130 years old.

Many Jewish texts suggest that after Cain had tragically killed Abel, Adam decided not to have any more children. After 130 years, he was rebuked by the wives of Lemech for separating from Eve, and immediately realized his faulty ways. At that point, Adam and Eve had Seth. However, during those 130 years apart, it is said that Adam had wasted his seed. Since the seed contains the potential for life, when it emerges it produces a soul. However, these souls that Adam created over the 130 years had no body to inhabit. Where did they go? The Arizal continues:

“First, [the souls] came into the bodies of the people of the Flood generation, who also wasted their seed… so they were reincarnated once more in the generation of the Dispersion.”

The damaged souls that Adam had created came down into this world into the bodies of the pre-Flood generation. It was incumbent upon them to perform a tikkun, a correction for their souls, accomplished through meritorious deeds and mitzvot. Unfortunately, the damaged souls were drawn to evil, and themselves became very licentious. They perished in the Great Flood, and were reincarnated into the next generation. However, that generation also went waywardly, and built the infamous Tower of Babel.

“Now, they reincarnated once more into those Egyptians. Joseph knew through Ruach HaKodesh [Divine Inspiration] that they possessed those souls from the wasted seed, and therefore decreed circumcision upon them, to begin the repair of their soul roots.”

Kabbalistically, circumcision is meant to be a reparation for sexual sins. Even on the simplest of levels, a man’s circumcision is supposed to constantly remind him that sex is not to be abused or misused. A man is supposed to be in control of his sexual urges, and channel them only for holy purposes: building a loving relationship with one’s spouse, as well as establishing a proper, righteous family. More spiritually, the act of circumcision creates a metaphysical imprint that is meant to repair sins of a sexual nature, not only for the individual, but also on a more elevated, cosmic level.

“…After they were circumcised, their process of tikkun had begun, and they were then reincarnated into the generation of Israelites during those 130 years [in Egypt, before Moses was born]. And they were forced into difficult labour to purify them, especially to correct the sin of the Tower generation, who also built with bricks and mortar.”

The Egyptians that Joseph had commanded to be circumcised ended up reincarnating as the Israelite slaves. It was decreed upon them from Heaven that they should work hard in servitude as a means of spiritual purification. The mechanism of servitude – construction of buildings through brick and mortar – was meant to be a measure for measure retribution: just as they had built the Tower of Babel for evil means, they were now building in order to reverse their previously sinful ways.

Once their purification was complete, these souls were ready for redemption, and thus Moses was born, precisely 130 years into the timeline, just as Adam had initially created those souls over a 130 year period. It is also interesting to point out that the physical father of all these Israelite souls was Jacob, who came to Egypt when he was 130 years old (as we read next week in Genesis 47:9).

The Arizal thus gives us a profound answer, and not only to the question of why Joseph had the Egyptians circumcised. This short passage also explains why the Flood and Tower generations were particularly drawn to evil, why the Israelites had to be enslaved (since God does not decree any undeserved suffering upon anyone), and why Moses was born exactly when he was.

Ultimately, it is said that the generation of Mashiach will be a rerun of the generation of Moses. It is therefore not surprising that the world today is once again mired in sexual immorality and licentious behaviour. May God give us the strength to overcome all those challenges, and merit to see the coming redemption soon.