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Bein Adam leChavero (2): The body and “God’s image” in halakha

Tishrei 5785 | October 2024

New from Shayla: A weekly series on halakhot of Mitzvot Bein Adam l’Chaveiro (interpersonal commandments)

The Torah tells us humanity was created in the “image and likeness” (tzelem, d’mut) of God. Last week, we discussed the halakhic ramifications of the idea that this Divine image is connected with a person’s soul or lifeforce. We learned that murder is considered an especially egregious crime since it harms or diminishes the image of God in that person. Conversely, there is great value in the commandment to be fruitful and multiply and bring people into the world, as it expands this expression of the image of God.

Yet there is another aspect of humankind’s creation in God’s image that we have not explored. Beyond the Divine soul God entrusted within each person, for which we give thanks every morning, there are also several indications that the human body too  is an expression of God’s image.

The midrash discusses the variety of humankind’s physical traits, noting how peculiar it is that such a range could come from the same Divine likeness:

“Why was one human created? To teach the glory of the Sovereign, the Sovereign of Sovereigns, blessed be He, who created the entire world in one hotam (likeness, impression, stamp or mold), and many likenesses came from one likeness, as it says, ‘It is changed like clay under the hotam, and they stand as a garment.’”[1]

The human body is a reflection of the Divine image, like the image of a stamp reflected in clay. Consequently, it is imperative we treat the human body with honor and dignity, and not just the soul. The sage Hillel embodied this idea:

“‘The pious person is kind to themself; the cruel their flesh.’[2] A pious person is kind to themself – this is Hillel the Elder. When Hillel the Elder would depart from his students, he walked. His students said, ‘Rabbi, where are you going?’ He said to them, ‘To do a mitzvah.’ They said to him, ‘Which mitzvah is Hillel doing?’ He said to them, ‘To wash in the baths.’ They said to him, ‘And this is a mitzvah?’ He said to them, ‘Yes. The person who is responsible for the icons of kings that stand in their theaters and circuses – he cleanses and washes them, and they give him garments, and not only that, he is raised with the royalty; all the more so should we, who were created in the image and likeness, as it says, ‘Adam was made in the image of God.’”[3]

In the continuation of the midrash Hillel explains that respecting our bodies is like a guest showing gratitude to their host. Still, the portion quoted above focuses on the independent value of caring for our body and appearance as part of the overall care we must show for expressions of the Divine image in this world. The meaning of the imagery that likens the physical human form to the “image” of God who “has no image of a body and no body” is unclear. For now we will suffice with the understanding that this refers to the “image” God chooses to reveal to the world, like the description in the first chapter of Yechezkel.

According to one opinion in the Talmud, the idea of the human body as an expression of the Divine image appears in the Torah itself, in the verses detailing the prohibition of halanat ha-meit, leaving a hanging corpse overnight:

“If a person sins and is sentenced to execution and executed and you hung them [the body] on a stake; you shall not leave their body overnight on the stake, you must surely bury them on that day, for the curse of God is hanging, and you shall not make the land that the Eternal your God is giving you as a portion impure.”[4]

The sages bring several possible interpretations for the Torah’s explanation of the mitzvah, “ for the curse of God is hanging.” According to one opinion, the individual was executed for the crime of cursing God, and while this publicizes the punishment, it also publicizes the sin and adds to the desecration of God’s name.[5] Consequently, the Torah commands limiting the amount of time the body hangs until nightfall.[6]

Yet another explanation references the likeness between the body of the deceased and the image of God in which it was created:

“Rabbi Meir said: Why does the Torah say, ‘for the curse of God is hanging?’ [This is like] two twin brothers that look alike, one was king over the entire world and one went into banditry. After time the one that went to banditry was captured and was crucified on the cross, and all who passed by would say that it looks like the king is crucified. Therefore it says, “for the curse of God is hanging.’”[7]

Rabbi Meir explains that people will associate the corpse hanging in disgrace with the image of God, making it seem as if God is hanging in disgrace. The similarity between human and Creator may lead to confusion. Therefore, after the person is disgraced for their sin, we are commanded to lower the body and bury it respectfully. It seems that the dignity of the human body remains an important consideration, even when the soul it hosted is punished for an egregious sin.

Who is considered to be the “twin” that bears the likeness of the king?

If the mitzvah is based on the creation of the physical human form in God’s image, then this refers to all people. Still, in the past we noted that Torah commandments specifically refer to our national obligations. Does this mean that the obligation to properly bury the body of the executed (that is used as the source for the general obligation to bury the dead) is limited to other Jewish people?

The answer is unclear. In his commentary on the Torah, Rashi brings this midrash with the introduction:

“For the curse of God is hanging – this is the disgrace of the king, for humans are made in the image of God, and Israel are His children.”[8]

Rashi notes Israel’s singularity.[9] But in the gemara he brings a more inclusive explanation that encompasses all humankind: “Two twins – every human is made in the image of the Omnipresent.”[10]

The book of Samuel relates a striking case of Israelite corpses that were left hanging, when the Givonites punished King Shaul’s sons. After Shaul died, David was forced to atone for one of his predecessor’s sins – the unjust massacre of Givonites. Seven of Shaul’s sons were handed over to the Givonites for execution, and their corpses were left hanging for an extended period of time. The sages explained that the prohibition against leaving corpses hanging on display is meant to prevent a desecration of God’s name; the prohibition was permitted in this case since a public punishment was necessary to repair the damage of King Shaul’s desecration of God’s name.[11]

Conversely, the book of Yehoshua describes that six corpses were hung and then removed for burial in the evening – all Canaanite kings who fought Israel. The first is the King of Ai: “He hung the King of Ai on the tree until the evening, and when the sun set Yehoshua commanded and they brought his corpse down from the tree and cast it into the entrance gate of the city, and raised a large heap of stones over it until this day.”[12] The continuation of Yehoshua contains a similar account about the five kings of the south.[13]

Some commentators explain that there is an obligation to bury deceased non-Jews as well, which is derived from the prohibition found at the conclusion of the verses on halanat ha-meit, that warn against making the land impure.[14] Nevertheless, the specific obligation to bury corpses that are hung applies to the courts in the land of Israel.[15] Interestingly, based on the parable of the twin brothers, Ramban suggests that the Israelite courts are also responsible for burying non-Jewish corpses after they are executed and hung.[16]

These explanations reflect an approach that sees the human body as an expression of God’s image, based on the incredible idea that it bears physical similarity to God’s likeness. This likeness is found in both Jews and non-Jews, requiring us to honor and care for our bodies when we are alive, and to treat the bodies of the deceased with dignity. This requirement even extends to non-Jews who are executed by Israel for their sins.[17]

[1] Tosefta Sanhedrin 8:5

[2]  Mishlei 11:17

[3] Vayikra Rabba Behar 34:3

[4] Devarim 21:22-23. The correct term is hung not hanged, as hanging was not the form of execution, rather the corpse is hung on display after the individual is executed.

[5] Mishna Sanhedrin 6:4; TB Sanhedrin 45b.

[6] An alternative explanation applies this to the pain of the Shekhina when evildoers are punished. (ibid 5)

[7] Tosefta Sanhedrin 9:7

[8] Rashi Devarim 21:23

[9] This is supported by Rabbi Meir’s statement that the punishment of evildoers is distressing for God. This may refer to Jewish evildoers, but Siftei Chachamim teaches that this mainly refers to Israel who are called God’s “children,” but it is not exclusive to Israel.

[10] Rashi Sanhedrin 46b

[11] TB Yevamot 79a

[12] Yehoshua 8:29

[13] Yehoshua 26-27

[14] For example: Radak and Ralbag on Yehoshua 8:29; Ibn Ezra on Devarim 21:22.

[15] See Devarim 21:22

[16] Ramban Devarim 21:22

[17] It’s possible that the body is disgraced by the absence of the soul itself. (Seforno on Devarim 21:22)

Rabbanit Dr. Adina Sternberg

was in the first cohort of the Matan Kitvuni Fellowship program and her book is in the publication process. She has a B.A. in Bible from Hebrew University and a M.A. and Ph.D. in Talmud from Bar Ilan University. Adina studied in Midreshet Lindenbaum, Migdal Oz, Havruta and the Advanced Talmud Institute in Matan. She currently teaches Bible and Talmud at Matan, and at Efrata and Orot colleges. Adina lives in Adam (Geva Binyamin) with her family.