What Torah teaches about Covid19 responses

By Teresa Konopka

SAN DIEGO — We are truly living in challenging times.  When it comes to lockdowns and masks, everyone has an opinion.  So-called experts in the media have flip-flopped on their guidance.  Even doctors seem to be at each other’s throats as those who go against popular opinion are censored.  This “expert” says masks work – this “expert” says they don’t.  This “expert” says lockdowns save lives – this “expert” says they don’t.  So what is one to believe?

“Only simpletons believe everything they’re told! The prudent carefully consider their steps” (from Proverbs 14).

In the case of morality, where does one draw the line on saving a life?  While Judaism has the notion of pikuach nefesh whereby the preservation of human life supersedes all other religious law, how far does one take it?  For this, I have decided to search out the Hebrew Scriptures.  As much as I am strongly on one side (I won’t say which), I have done my best to show both sides of the coin with my study.

If coronavirus was simply about protecting oneself, most people would go about their business as the individual would be free to make his/her own independent risk assessments.  This is why neither the media nor society at large gets riled up when someone dies of lifestyle-induced diseases.  Those who eat themselves to obesity or heart disease get to make their own choices in life without hurting others.  What makes the current situation tricky is that coronavirus is contagious.  If we were only concerned about symptomatic individuals, it would be easy enough to tell those who are sick to stay home while others go about their business.  This is in line with biblical quarantines where those who are obviously ill are separated from society.

“Those who suffer from a serious skin disease must tear their clothing and leave their hair uncombed. They must cover their mouth and call out, ‘Unclean! Unclean!’” (from Leviticus 13).

Things get tricky when there is a circulating ideology that even those who feel fine and have no symptoms can infect others.  This turns everyone into a potential threat.  Now it is not good enough to merely focus on those who are clearly sick—everyone must get involved.  This is where the widespread mask mandates and lockdowns enter the scene.  In an effort to protect all, every single citizen must make a sacrifice.  But how often do otherwise healthy people actually infect others, and would that impact pikuach nefesh?  If healthy people infecting others is indeed rare, would that impact one’s view of universal lockdowns and masking?  If the virus has a 99% survival rate, do we still impose mandates to save the 1%?  Where does one draw the line?

This has caused quite a debate amongst scholars and laypersons alike.  While medical experts argue amongst themselves, common citizens are having moral crises.  What if I am fine but unintentionally infect someone who ends up dying?  Is it my fault for unknowingly infecting someone or someone else’s fault for leaving their home when they know there is a virus going around?  If the person who dies has multiple lifestyle-related underlying conditions, is them succumbing to covid my fault for passing the virus on to them or their fault for not strengthening their immune system?  This does not even scratch the surface of the butterfly effect.  If I unknowingly pass the virus to someone who passes it to someone else, is that my fault or the next passer’s fault?  Who is to blame in the various scenarios?

In the Torah, we are encouraged to build railings around balconies to prevent others from falling to their death.  Is this law to save lives or merely absolve one of legal consequence?  The Torah does not emphasize saving life but rather alludes to avoiding blame for someone’s death.  Regardless, this is a scenario where the deceased can be traced back to a single person—the owner of the home.

“When you build a new house, you must build a railing around the edge of its flat roof. That way you will not be considered guilty of murder if someone falls from the roof” (from Deuteronomy 22).

In the railing scripture, the scenario is obvious.  One can clearly see a balcony, see the drop to the ground below, and know immediately whether or not there is a railing for fall protection.  But what about scenarios where one can not tell whether or not protection is needed?

“If an ox gores a man or woman to death, the ox must be stoned, and its flesh may not be eaten. In such a case, however, the owner will not be held liable. But suppose the ox had a reputation for goring, and the owner had been informed but failed to keep it under control. If the ox then kills someone, it must be stoned, and the owner must also be put to death. However, the dead person’s relatives may accept payment to compensate for the loss of life. The owner of the ox may redeem his life by paying whatever is demanded” (from Exodus 21).

In the above passage, the creature responsible for death must be punished.  However, the ox must only be controlled once it is known that it has a violent tendency.  The law does not say that all oxes must be controlled because they could possibly attack bystanders in the future.

On the one hand, one could say everyone must “build a fence” around themselves because others could “fall to their death” at any moment.  On the other hand, one could say that only those who are proven to be dangerous should be restrained and have their lives controlled.  It all depends on how you look at it.

While the Bible is clear on obvious situations where one is killed, what about less obvious situations?  Unlike balconies and oxen that have definite owners, if someone succumbs to Covid, they likely won’t know exactly where they got it from.  Regardless of which side one falls on when it comes to masks and lockdowns, there are some questions to ask.  How far should one go to save a life, especially when there is no guarantee that the life will be saved?  In the absence of proof of sickness, is treating every person like a walking threat a sign of an advanced medical civilization, a curse of fear, or both?

“You will live in such fear that the sound of a leaf driven by the wind will send you fleeing. You will run as though fleeing from a sword, and you will fall even when no one pursues you. Though no one is chasing you, you will stumble over each other as though fleeing from a sword” (from Leviticus 26).

*
Teresa Konopka is a freelance writer based in San Diego.