The Witch Shall Not Live

Parshat Mishpatim

 by Rabbi Avi Billet 

After her blatant anti-Semitism was exposed to the world, Helen Thomas became a persona non grata in much of the Jewish community, so much so that when she passed away, some Facebooks feeds were lit up with the verse from Mishpatim of “Mechashefah lo t’chayeh.” (22:17)

Of course the reference to Ms. Thomas was a pitiful joke at the expense of the woman’s natural death. No one was accusing her of witchcraft, nor did anyone have the right to actually impose the death penalty upon her.

This mitzvah is one of the more clear statements in the Torah that is nonetheless difficult to understand in its literal sense. My daughter loves the Harry Potter books, and the first time she read this verse, I had to explain to her that as Hermione Granger is a fictional character (hard to believe, I know), the verse does not apply to her. (Phew!)

 Is the Torah of the view that witchcraft is real – after all, the verse means “A witch shall not live”? [See Rabbenu Bachaye who records both views in the words of our Sages]

So how are we to understand the verse? Many commentators note that the verse, though written in the feminine, refers to male “witches” (warlocks? Wizards? Look out, Harry Potter!) as well. They debate over which form of death punishment would have to be applied to the offenders. At the same time, they also agree to two things: a. the Torah’s terminology is in the feminine form because “women are more apt to be involved in witchcraft,” and b. that the Torah leaves the form of punishment vague as a means to leave open the possibility of actually imposing the capital punishment upon the offending necromancer, for, as Rabbi Chaim Paltiel notes, were the witch to know of the potential punishment, he or she could take measures against that particular death affecting them.

 But some commentators also look at the context in which this prohibition appears, explaining the warning and the violation in terms that we can actually appreciate. The commandment before this one relates to the repercussions that come upon a man who seduces a virgin. The commandment after it lays out the prohibition against bestiality.

 Chizkuni notes that some who desire to seduce virgins will resort to witchcraft in order to achieve their goals. One need not look too far to understand this in contemporary terms, considering high profile individuals whose names are Bill C. who have been accused of using modern withcraft – power and/or drugs – to “seduce” women. Crimes of this nature, getting women to agree to something they might not otherwise were they not under the influence of the man’s power, is arguably a form of witchcraft.

This is one of the reasons why, although the language of the Torah reflects how women were more often involved in “witchcraft,” men could be equally guilty of the deed and act, which does not preclude women doing the same in their desire for certain men who might morally be opposed to committing such an act. In more concrete terms, Rabbi Chaim Paltiel noted that witches would cause men to become guilty of “seduction” because witchcraft targets and ensnares potential adulterers.

Baal HaTurim claims that bestiality follows this rule regarding witches because most immoral behavior stems from witchcraft. Further, he quotes the Talmud about Bilaam, perhaps the most famous of Biblical necromancers, who committed bestiality with his donkey.

If the magic described in the Bible was real, the idea that people could channel hidden powers and change the natural order of the world is anathema to God’s role in the universe as the Creator and Master of the World. The death penalty would be in order, one might argue, because a human who can play “God” is dangerous to society.

To the rationalist mind, “real” magic does not exist. All the magic in the Bible is sleight of hand and tricks that were perceived as real, because the magicians behind them were as good as it gets. Perhaps a more naïve and superstitious audience contributed to their success. A death penalty would be harder to justify for individuals who are simply very good at mystifying.

 And yet, the death penalty is phrased in such a way that it seems there would not even be a trial – as soon as the discovery is made, the witch is to be put to death (R’ Chaim Paltiel)! (Rashi and Sefer haChinukh says a Bet Din of 23 judges is required to impose the death penalty)

How could such behavior ever be justified? People will commit murder all the time, justifying their behavior through claiming that the now-deceased was a witch!

Clearly the Bet Din approach removes any justification for vigilantism. And even if R’ Paltiel’s approach is correct, presumably a person would have to justify the death all the same.

But how could this mitzvah speak to us today? I think it is a warning to people to live life as “straight as an arrow.” There are certain character traits which are described as tricky, deceitful, around-the-back, under-the-table, underhanded (not in the softball-pitching meaning), and just plain sleazy, which are often attributed to dishonest business people, or wheeler-dealers who think that life is all about beating the system. Certainly there are times when a system is flawed. And in a democratic culture, systems can hopefully be changed and improved through honest methods.

But maybe the meaning of the mitzvah is that the trickster “should not live” – not in the death sense, but in the sense that s/he should not be permitted to engage in the lives of others, and should rather be isolated (and certainly not elected to public office!), because they ruin the game of life for everyone they encounter. Anyone who has been a victim of a shady character, in business, in contract work, in wrongful lawsuits, etc. knows what kind of ruination of society can be brought about by the unscrupulous.

As we don’t have witches today (sorry, Harry Potter fans!), we certainly aren’t imposing any death penalties. And maybe the unscrupulous have a chance the witches never had, to actually do teshuvah and change their ways. But let this be a warning to all those who are dishonest cheats. Your ways are not welcome in a civil society.