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

Libya Gave Up Its Nuclear Aspirations Completely. Can Iran Be Induced to Do the Same?

April 18 2025

In 2003, the Libyan dictator Muammar Gaddafi, spooked by the American display of might in Iraq, decided to destroy or surrender his entire nuclear program. Informed observers have suggested that the deal he made with the U.S. should serve as a model for any agreement with Iran. Robert Joseph provides some useful background:

Gaddafi had convinced himself that Libya would be next on the U.S. target list after Iraq. There was no reason or need to threaten Libya with bombing as Gaddafi was quick to tell almost every visitor that he did not want to be Saddam Hussein. The images of Saddam being pulled from his spider hole . . . played on his mind.

President Bush’s goal was to have Libya serve as an alternative model to Iraq. Instead of war, proliferators would give up their nuclear programs in exchange for relief from economic and political sanctions.

Any outcome that permits Iran to enrich uranium at any level will fail the one standard that President Trump has established: Iran will not be allowed to have a nuclear weapon. Limiting enrichment even to low levels will allow Iran to break out of the agreement at any time, no matter what the agreement says.

Iran is not a normal government that observes the rules of international behavior or fair “dealmaking.” This is a regime that relies on regional terror and brutal repression of its citizens to stay in power. It has a long history of using negotiations to expand its nuclear program. Its negotiating tactics are clear: extend the negotiations as long as possible and meet any concession with more demands.

Read more at Washington Times

More about: Iran nuclear program, Iraq war, Libya, U.S. Foreign policy