Sholom Rubashkin and the Human Element

I have been thinking a lot recently about the court proceedings against Sholom Rubashkin in Iowa. Let me preface by saying that I am deeply opposed to any and all unethical and illegal business practices. I believe that it is the lofty responsibility of every Jew to represent the paradigm of a person of profound faith in God and scrupulous commitment to Torah with the utmost commitment to ethics and good citizen behavior. The actions that Sholom Rubashkin did personally, and the actions for which as CEO he is ultimately responsible for, are inexcusable and represent a severe lapse in ethical reasoning. Sholom Rubashkin should and must face the punitive consequences for his actions.

My colleague Shmuly Yanklowitz in a column in The Jewish Week argued that the Jewish community in campaigning for a punishment other than life in prison, the punishment being asked for by the prosecution, is demonstrating a public display of our wrong priorities. What about the workers arrested in that now infamous raid? Why isn't the Jewish community collecting signatures on their behalf, Shmuly asks. ("One must consider priorities in these cases and the message sent by defending the owner's case...")

I agree with Shmuly that the case of the workers should be addressed and the workers dealt with compassionately. I commend organizations such as The Jewish Council on Urban Affairs for making immigration reform a central piece of their agenda. However, caring about the workers does not by necessity demand ignoring Sholom Rubashkin. In asking for a life sentence the prosecution is clearly interested in utilizing this case as an example to all would-be offenders. I am opposed on moral and religious grounds to the concept of excessively punishing one person to set an example for others. First, it turns a real human being into a means towards an end. Secondly, it ignores the fact that all matters of din (judgement) must be tempered by rahamim (mercy) and a court that exercises only pure din is an unjust court.

For these reasons I have decided to support the campaign to seek a sentence that both reflects the severity of his crimes and is tempered with mercy.