Bein Adam l’Chaveiro: The halakhic significance of “in God’s image”
New from Shayla: A weekly series on halakhot of Mitzvot Bein Adam l’Chaveiro (interpersonal commandments)
As we noted in previous discussions on the Seven Noahide Laws, the sages questioned the source of our obligation to observe basic morality. Are all human beings expected to know how to differentiate between right and wrong, and act accordingly? Or are these demands based on God’s commandments? Following the ideas we examined there, we will begin our discussion on mitzvot bein adam l’chaveiro asking:
What is the halakhic significance of tzelem Elokim, human’s creation in God’s image? Is there a difference between the way it is applied to Jews and non-Jews?
The Torah that was given to Israel begins with the creation of the entire world. Even before our forefather Avraham is introduced, the Torah describes the origins of humanity with the creation of Adam in God’s image. Prior to the covenants God made with Avraham – brit mila (the covenant of circumcision) and brit bein ha-betarim (the covenant between the parts) – and the People of Israel at Sinai, when they received the Torah, God made a covenant with the entire world, through Noach as the representative, not to bring another flood.
This duality – of a particularistic Torah and a universal outlook – has challenged generations of religious thinkers. Rabbi Akiva reflects this duality in his statements:[1]
“He [Rabbi Akiva] would say: Humanity is beloved, for they were created in the image [of God]; a greater love is that they were informed they were created in the image, as it says ‘[God] made Adam in the image of God.’
Israel is beloved, for they are called children of the Omnipresent; a greater love is that they were informed they were called children, as it says, ‘You are children to the Eternal, your God.’
Israel is beloved, for they were given a coveted instrument; a greater love is that they were informed they were given the coveted instrument used to created the world, as it says ‘For a great gift/lesson I have given you, do not abandon my Torah.’”
Rabbi Akiva states that all humankind is beloved, created in the image of God, and God displayed more love by revealing this. But he also discusses the unique love God shows Israel, by calling them children and giving them the Torah.
The uniqueness of Israel has several ramifications, such as the obligation to fulfill the commandments, mutual responsibility for one another, and also the value of fraternity that is expressed by those commandments that only apply to other “brothers” and “sisters”, the Children of Israel.[2]
Theft from a non-Jew (gezel ha-goy)
Our relationship with non-Jewish peoples around us has always been complicated. On the one hand, there’s some hostility and suspicion stemming from the way non-Jews treated Jews and from the understanding that the covenant between God and Israel is not just the result of Israel’s chosenness, but also the failure of the other nations to step up and join the covenant.[3] As a result, one rabbinic opinion is that non-Jews lost their property rights, and all property transferred to Israel.[4]
Others maintained that there is absolutely no justification to stealing from non-Jews. Furthermore, they explained that Israel’s covenant with God means they must be a light unto the nations (ohr lagoyim) and makes them responsible for sanctifying God’s name in this world.[5] So even if there is some sort of legal justification to treat non-Jews unjustly, it is overridden by our obligation to sanctify (and not desecrate) God’s name.[6]
“Be fruitful and multiply”
While the relationship with non-Jews has influenced the Jewish understanding of the commandments and their application in halakha, so has the belief that all people are created in the image of God. There are several halakhic issues where the idea of tzelem Elokim is deeply significant. We’ll discuss two of them, which seem inexorably linked – the prohibition against murder and the commandment to be fruitful and multiply.
The Torah relates: “God created Adam in [God’s] image, in the image of God he was created, they were created male and female. And God blessed them and said to them, ‘Be fruitful and multiply and fill the land and conquer it, and have dominion over the fish of the sea and the fowl in the sky and all the animals that crawl upon the land.”[7] And while the fish and birds are also blessed with the ability to be fruitful and multiply, it seems only humanity received an imperative commandment to do so.
If so, it’s possible that the image of God is related to our ability to choose, to behave according to our judgment rather than simply follow our urges and instincts. This freedom of choice is inherent in many facets of our lives, among them, procreation.
The Torah continues with an even more inherent connection between procreation and the image of God. When Noach and his sons are commanded to leave the ark they are told: “One who spills the blood of man, his blood shall be spilled by man, for Adam/humankind was created in the image of God. And you shall be fruitful and multiply and swarm the land and multiply in it.”[8]
In this case the image of God can explain both the prohibition against murder and the obligation to procreate. The Divine image can also be expressed by humanity’s spirituality, the soul God breathed into us. Murder diminishes the image of God in this world while bringing new life and new souls increases it.[9]
Interestingly, even though these two commandments are somewhat universal, there’s a noteworthy difference between Israel’s obligations and that of other peoples. The list of Seven Noahide Laws includes a prohibition against murder, but not an obligation to be fruitful and multiply.[10] This is especially surprising given that God commanded Noach and his children to do both.
The sages debated whether the commandments that were given to Noach and repeated at Sinai were only meant for Israel or were also meant for Noach’s other progeny, the rest of humanity. They taught that the commandment to be fruitful and multiply was given again at Sinai. The Israelites prepared to receive the Torah over three days. One aspect of the preparation was that spouses were told to separate and refrain from physical intimacy. After the revelation at Sinai, Moshe told the Israelites to return to their tents; the sages explained this meant husbands could return to their wives, couples to their marital beds. In this case, the mitzvah to procreate may only apply to Israel.[11]
Others cite God’s words to Yaakov as a source for the mitzvah to be fruitful and multiply: “God said to him, ‘Your name will no longer be called Yaakov, rather Yisrael will be your name.’ And He called his name Yisrael. And God said to him, ‘I am E-l Sha-dai, be fruitful and multiply a nation, and a gathering of nations shall issue from you, and kings will emerge from your loins.”[12]
Nevertheless, Chazal (Talmudic sages) also indicate that Noach’s children, and thus all of humanity, are also commanded to be fruitful and multiply, or, at the very least, they are partners in God’s plan to settle the world: “For so says the Eternal, the Creator of the heavens is God, who created the land and made it and established it, He did not create it for nothingness, it was created to be settled, I am the Eternal and there is no other.”[13]
The prohibition of murder
The issue of murder and the non-Jew is complicated. If a Jew murders another Jew in a manner that fulfills all the judicial criteria (witnesses, warning, etc.), they are sentenced to death and executed.[14] Yet the sages tell us that if a Jew murders a non-Jew their death sentence is carried out by the Heavens, and not by a human court.[15] Some explained that the difference is because the murder of a Jew is a more grievous crime, while others explain the opposite – the fact that punishment for killing a non-Jew is given over to God teaches the magnitude of the crime.[16]
The supreme value of human life is also apparent in our obligation to preserve life (a mitzvah that includes everyone who fulfills the Seven Noahide Laws) and the obligation to desecrate Shabbat to save a life.[17] The value and sanctity of life is one of the ideas behind the imperative to desecrate Shabbat to save lives, but it is also based on the covenantal relationship between God and Israel: “Desecrate one Shabbat for them so they may observe many Shabbatot.” Does saving lives of people who are not Shabbat observant also override the mitzvah of Shabbat and Israel’s obedience to God’s statutes?[18]
Practically, halakhic authorities determined that Jews also have a responsibility to preserve the lives of non-Jews; even if it is merely to prevent hate or maintain peace, Jews must support Jewish and non-Jewish poor people, and save the lives of non-Jews who would save the lives of Jews.[19]
It’s possible to explain that these laws are due to long-term safety concerns, or to prevent the desecration of God’s name. But there are those who maintain that the concepts of preventing hate and preserving peace are not excuses, but the way the Torah presents certain moral values in particular places and times.[20] There is a Torah value to increase peace in this world. By focusing on the Divine image in every person, saving them and sustaining them, we show the world that the particularist chosenness of the People of Israel does not diminish our recognition of God’s love and care for all humans who were created in the image of God.
[1] Mishna Avot 3:13-14
[2] For more on this topic see “All of Israel is responsible for one another – in what way?” Part I and II. The value of fraternity – Vayikra 25:35; Devarim 23:21 (on the topic of interest and the obligation to support our brethren), Devarim 22:21 (returning lost objects).
[3] Sifrei Devarim 343
[4] TB Bava Kama 38a
[5] Tosefta Bava Kama 10:15 (although it may be discussing a false oath), TY Bava Kama 4:3 (4b); TB Bava Kama 113a; TY Bava Metzia 2:4 (8a). Halakhic consensus is that the Torah prohibits theft from non-Jews: Mishneh Torah Hilkhot Gezeila v’Aveida 1:2; Shulchan Arukh CM 348:2). See From Parsha to Halakha Ha’azinu: Sanctifying God’s name.
[6]ibid
[7] Bereishit 1:27-28
[8] Bereishit 9:6-7
[9] For example: Tosefta Yevamot 8:5 (Lieberman edition); TB Yevamot 63b.
[10] Tb Sanhedrin 56a; Tosafot Yevamot 62a s.v. “Banai”
[11] ibid 59a-b
[12] Bereishit 35:10-11
[13] Quoting Yishayahu 45:18. See She’ilot d’Rav Achai Gaon, Sheilta 165; Tosafot Chagiga 2b; Arukh HaShulchan Even HaEzer 1:5.
[14] Bereishit 15; Shemot 21:12.
[15] Mishneh Torah Hilkhot Rotzeakh v’Shmirat Nefesh 2:11 (but if it was accidental, the perpetrator is exiled, ibid 5:3).
[16] Meshekh Chachma Mishpatim “v’ki yazid ish.” Compare to Sefer HaChinukh Mitzvah 34.
[17] Vayikra 19:16, 25:35; Mishna Yoma 8:5-7; TB Yoma 83a.
[18] TB Yoma 85b; Yabia Omer OC 8:38.
[19] Chatam Sofer YD 131; Divrei Chaim OC 2:25.
[20] Rav Unterman, Shevet Yehuda III 70
