Does the Torah Legislate Affirmative Action for Orphans?

Feb. 11 2015

The Torah repeatedly mandates care for orphans (along with widows and the poor), most notably by creating a special tithe to be given them and by commanding “You shall not afflict any widow or orphan” (Exodus 22:22). The Talmud understands the latter injunction as endowing orphans with special legal privileges. But do these apply to anyone whose parents have died, or only to children? What about orphaned children with inherited wealth, or indigent adult orphans? Searching rabbinic literature, Gil Student concludes that only those under the age of twenty, who are not yet able to fend for themselves, qualify—and there are, he writes, important lessons here:

Life is full of challenges. If we offer preferential treatment to everyone who has suffered setbacks or encountered difficult or even traumatic circumstances, then the preference would be nullified by abundance. . . . A child separated from his parent or whose parent is unable to raise or assist him is not an orphan but still must overcome difficult challenges. Why doesn’t he receive preferential treatment? The Torah reserves this treatment for the unique, tragic case of an orphan. Everyone else [ought to receive] sympathy and encouragement, as well as our charity and support, but not preferential treatment.

Additionally, and perhaps important for contemporary discussion of affirmative action, adults must take responsibility for their situations. The disadvantages and setbacks of our upbringing do not entitle us to perpetual special treatment. Even those who seem to come from charmed backgrounds carry emotional baggage. Children need guidance and support, and therefore orphan children receive preferential treatment. Adults, though, need to take control of their lives. While we must deal with every individual sensitively, we have no Torah-based affirmative action for adults.

Read more at Torah Musings

More about: Affirmative action, Halakhah, Maimonides, Religion & Holidays, Torah, Tzedakah

 

Will Donald Trump’s Threats to Hamas Have Consequences?

In a statement released on social media on Monday, the president-elect declared that if the hostages held by Hamas are not released before his inauguration, “there will be all hell to pay” for those who “perpetrated these atrocities against humanity.” But will Hamas take such a threat seriously? And, even if Donald Trump decides to convert his words into actions after taking office, exactly what steps could he take? Ron Ben-Yishai writes:

While Trump lacks direct military options against Hamas—given Israel’s ongoing actions—he holds three powerful levers to pressure the group into showing some flexibility on the hostage deal or to punish it if it resists after his inauguration. The first lever targets Hamas’s finances, focusing on its ability to fund activities after the fighting ends. This extends beyond Gaza to Lebanon and other global hubs where Hamas derives strength. . . . Additionally, Trump could pressure Qatar to cut off its generous funding and donations to the Islamist organization.

The other levers are also financial rather than military: increasing sanctions on Iran to force it to pressure Hamas, and withholding aid for the reconstruction of Gaza until the hostages are released. In Ben-Yishai’s view, “Trump’s statement undoubtedly represents a positive development and could accelerate the process toward a hostage-release agreement.”

Read more at Ynet

More about: Donald Trump, Hamas, U.S. Foreign policy