In the Matter of The STATE v. Isaac
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This sheet on Genesis 26 was written by Nathan Lewin for 929 and can also be found here
QUESTION PRESENTED
Whether Isaac committed the criminal offense of submitting a false statement on a government form when he falsely represented that Rivka was his sister.
ARGUMENT
His Majesty, King Avimelech, found Appellant Isaac guilty of filing a false statement in violation of Section 1001 of Plishti Code (PC 1001) for having stated on his immigration form that his wife Rivka is his sister, and not disclosing truthfully that they are married. The King held that this false statement could have misled a Gerarite into seducing Rivka in the mistaken belief that she is single. That, says His Highness, would have brought sin and disgrace on the entire community. Consequently, according to the judgment below, Isaac was guilty of a criminal offense.
The conviction must be reversed because Isaac introduced evidence that required his acquittal under the “necessity defense.” Isaac testified, with no evidence contradicting him, that reports of the immorality in the City of Gerar led him to fear for his personal safety if it were known in Gerar that he was the husband of beautiful Rivka. Locals gangs would have murdered Isaac so as to be free to dally with Rivka. Isaac’s false statement that Rivka was his sister was the only alternative available to him to prevent homicide, and murder was avoided as a “direct causal relationship” of Isaac’s misrepresentation.
The defense proffered evidence that Isaac had solid ground for believing the worst of the Gerar community. When Isaac’s parents had arrived in Gerar years ago, King Avimelech (in his youth or, according to some, the father of the current King) was smitten by the beauty of Isaac’s mother and immediately had her brought to his harem. Only because he was warned in a dream-like vision not to approach Sarah because she was married to Avram did King Avimelech liberate Isaac’s mother. In Gerar immediate gratification of one’s desires precedes deliberation of the consequences of one’s actions.
Although Rivka would not have yielded to any attempted seduction, the Gerarites would not have realized her virtue until after they did away with her husband. Hence Isaac was justified in submitting the false statement as necessary self-defense.
CONCLUSION
Isaac’s conviction must be reversed with instructions to enter a judgment of acquittal based on the “necessity defense.”
Whether Isaac committed the criminal offense of submitting a false statement on a government form when he falsely represented that Rivka was his sister.
ARGUMENT
His Majesty, King Avimelech, found Appellant Isaac guilty of filing a false statement in violation of Section 1001 of Plishti Code (PC 1001) for having stated on his immigration form that his wife Rivka is his sister, and not disclosing truthfully that they are married. The King held that this false statement could have misled a Gerarite into seducing Rivka in the mistaken belief that she is single. That, says His Highness, would have brought sin and disgrace on the entire community. Consequently, according to the judgment below, Isaac was guilty of a criminal offense.
The conviction must be reversed because Isaac introduced evidence that required his acquittal under the “necessity defense.” Isaac testified, with no evidence contradicting him, that reports of the immorality in the City of Gerar led him to fear for his personal safety if it were known in Gerar that he was the husband of beautiful Rivka. Locals gangs would have murdered Isaac so as to be free to dally with Rivka. Isaac’s false statement that Rivka was his sister was the only alternative available to him to prevent homicide, and murder was avoided as a “direct causal relationship” of Isaac’s misrepresentation.
The defense proffered evidence that Isaac had solid ground for believing the worst of the Gerar community. When Isaac’s parents had arrived in Gerar years ago, King Avimelech (in his youth or, according to some, the father of the current King) was smitten by the beauty of Isaac’s mother and immediately had her brought to his harem. Only because he was warned in a dream-like vision not to approach Sarah because she was married to Avram did King Avimelech liberate Isaac’s mother. In Gerar immediate gratification of one’s desires precedes deliberation of the consequences of one’s actions.
Although Rivka would not have yielded to any attempted seduction, the Gerarites would not have realized her virtue until after they did away with her husband. Hence Isaac was justified in submitting the false statement as necessary self-defense.
CONCLUSION
Isaac’s conviction must be reversed with instructions to enter a judgment of acquittal based on the “necessity defense.”
(ז) וַֽיִּשְׁאֲל֞וּ אַנְשֵׁ֤י הַמָּקוֹם֙ לְאִשְׁתּ֔וֹ וַיֹּ֖אמֶר אֲחֹ֣תִי הִ֑וא כִּ֤י יָרֵא֙ לֵאמֹ֣ר אִשְׁתִּ֔י פֶּן־יַֽהַרְגֻ֜נִי אַנְשֵׁ֤י הַמָּקוֹם֙ עַל־רִבְקָ֔ה כִּֽי־טוֹבַ֥ת מַרְאֶ֖ה הִֽיא׃
(7) When the men of the place asked him about his wife, he said, “She is my sister,” for he was afraid to say “my wife,” thinking, “The men of the place might kill me on account of Rebekah, for she is beautiful.”
Nathan Lewin is a Washington, DC, lawyer, engaged in the full-time practice of law with his daughter Alyza at Lewin & Lewin, LLP, and teaches Supreme Court litigation at Columbia Law School.
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