One of Rabbi Joseph Soloveitchik’s most inspirational and relevant teachings was that: “…[H]alakhah [Jewish Law] is not hermetically enclosed within the confines of cult sanctuaries but penetrates into every nook and cranny of life. The marketplace, the street, the factory, the house, the meeting place, the banquet hall, all constitute the backdrop for the religious life” (Halakhic Man, 94).
As we look upon the myriad of challenges facing society, one of the more intractable is that of justice reform. The legacy of harsh punishment, rather than rehabilitation, has created systemic problems that we as a society have to reckon with for generations to come. Therefore, now is the time that those of us committed to Jewish law and values work to transform prisons and jails in America, so that they reflect and protect inherent human dignity, even for those that may not appear to deserve it.
Indeed, maximum-security prisons in the United States are some of the most miserable places on earth. Impenetrable cement cells, feeding through a hole, and the bare minimum of exercise are the norm for those residing in their barren cells. These conditions are not only inhumane–they bring on and worsen mental illness and raise recidivism rates.
And to be sure, the inhumanity of incarceration has no place in the Jewish tradition–aside from temporary pre-trial detention (mishmar), the Torah has no model for prison as we understand it today, and only provides a number of alternatives. The only exception is a brief period when the Rabbis, under Roman influence, instituted a kipa, or temporary jail.
One important model in the Torah is eved ivri where one works to repair harm that is done. Another biblical alternative proposed is that of the “City of Refuge”—Ir Hamiklat—which provides sanctuary for the unintentional murderer a protective community operating in almost all ways like a normal city.
The Jewish commitment to human dignity even for those who have violated the norms of society can inspire us to affirm more of the alternatives to incarceration that exist in America, such as: work crews, electronic monitoring, probation, educational sentencing programs, drug rehabilitation, and house arrest. These less expensive (and more humane) options can work to address systemic problems in more sustainable and moral ways.
We must be sure to maintain adequate and effective punishments for crimes, yes, but we must also remember the nuances of societal realities and cling to our tradition’s value of compassion for the dignity of all human beings. Even criminals.

Rabbi Dr. Shmuly Yanklowitz is the President & Dean of the Valley Beit Midrash, the Founder & President of Uri L’Tzedek

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