—Gabriel Noah Brahm, Director of the Telos-Paul Piccone Institute’s Israel initiative
Recently, I bore witness to events on the Yale campus that made me wonder about the meaning of being Jewish at the present, and that recollected to my mind the tales of the Mishnah, which delineate, in tractate Nezikin, judicial actions for damages. Section one explores how humans should behave in relation to the famous “goring ox.” Amidst the many concrete cases stands one in which the ox of a man of “sound sense” gores the ox of a “deaf-mute, an imbecile, or a minor” (m BK 4.4). In this instance, the sound-minded man is culpable for damages, whereas the opposite holds true for the owner who is deaf, intellectually disabled, or a minor. However, this matter cannot end there since the ox of these latter owners must be prohibited from inflicting further damage without consequence. The court “must appoint a guardian” over these owners unless their status changes, at which point the court can deem the ox harmless once again (m BK 4.4).
Few if any other faith-based traditions outside of Judaism would perceive tales of goring oxen and their owners as appropriate or intelligible subjects of religious discourse. But Judaism, a corporeal ethical practice, holds that even dangerous animals and ordinary humans must be redeemable through intentional, responsible human conduct under divine mitzvot. The oxen, even when they gore, are, like the differently situated humans who own them, deserving of respectful consideration as creatures made in the image and likeness of Ha-Shem.
In contrast to these embodied Jewish narratives, modern American religion has two contrastive discursive modes: a literalist obedience to a sacred text and a transcendent exaltation of feeling. Unlike the Mishnah, this construct evades the bodily dimension of human sacred experience in opposing the literal (concrete and rule-bound) and the spiritual (exalted and immaterial). Achieving transcendence means liberating persons from the snare of their bodies, implicitly inscribed as mindless or debased. Such binary formulations are doomed to failure as accounts of human existence, since without conscious thoughtfulness, the body becomes merely the site of appetite, whether indulged or constrained in excess. Any legitimate issue or concern arising from the body must be silenced or forced to vanish—not treated with mindful solicitude and regard.
