Common Decency Comes Before Religious Law (Mishpatim 5786)

Feb 13, 2026 | Blog, Rabbi Josh Feigelson, PhD, President & CEO, Institute for Jewish Spirituality | 0 comments

This week I remembered an event from many years ago when I was a young Hillel rabbi. I was in a session at the annual Hillel staff conference led by Rabbi Jim Diamond z”l, the sagely longtime Hillel director at Princeton. Jim was sharing some of his war stories, one of which went like this:

One year, the president of the student body turned out to be Jewish. Jim didn’t know this student, but he managed to get word to him that he would love to meet him. The student got word back to Jim that he had no interest in meeting. (It happens.) The student, unsurprisingly, went on to an illustrious career in state politics. But ultimately, he resigned in scandal. “And so,” Jim said, “I’ve been wondering whether history might have been different had Elliot Spitzer said yes to my offer to meet.”

I’ve been thinking about that story this week as more and more of the Epstein files are revealed to us. Not so much because I think meeting with the Hillel rabbi at Cooper Union or NYU would have changed history (Epstein attended both but didn’t graduate from either), but because I find it hard to ignore the Jews involved in the story, from Epstein himself and Ghislaine Maxwell to Howard Lutnick, Leslie Wexner, Ehud Barak, Noam Chomsky, and countless others. While Epstein and Maxwell’s crimes are horrific on their own, the presence of so many prominent Jews in the story compounds my sense of revulsion.

In the case of Wexner, I experience a deep personal sense of implication. Like over a thousand other Jewish professional leaders, it was the Wexner Graduate Fellowship that put food on my family’s table while I was in rabbinical school. The fellowship community has been an enormously important source of wisdom, companionship, and professional support throughout my career—as it has been for two generations of Jewish professional and volunteer leaders. The idea that all of that was, in significant measure, built on a core of moral rot is nauseating.

But for the moment, what most preoccupies me is this deep feeling of offense, anger, sadness, and even shame at the reality that so many Jews were, knowingly or unknowingly, part of this horrific web of rape, abuse, and dehumanization. Last fall I wrote about the culture of detachment and rootlessness described in the Epstein files. But this week I’m really feeling a sense of disgust at the idea that so many landsmen, fellow Jews, were not only part of that jet-setting culture, but seemingly turned a blind eye to profound injustice in their midst.

Because I feel like we all know we’re supposed to be better than this. “These are the laws which you shall place before them,” begins Parashat Mishpatim (Exodus 21:1). “Just as the preceding words [i.e. the Ten Commandments] were given at Sinai, so too were all of these laws given at Sinai.” So says Rashi, quoting the Mechilta. Rabbi Simcha Bunim of Peshischa adds, emphatically: “before them—the Torah teaches here that the civil laws, the commandments about how we treat fellow human beings, come before everything else, including the commandments about our relationship with God. Derekh eretz kadma latorah: Common decency comes before religious law.”

In another comment, Simcha Bunim goes further: “Mishpat tzedek, our basic sense of fairness and justice, must precede everything: every thought, every discernment.” And, he adds, this is foundational to what it means to be Jewish: “The rest of the world may teach that all law is established by human beings and thus may be changed, depending on the time and place, in response to various pressures. But we are taught, ‘Justice is the Lord’s’ (Deut. 1:17)… Just as we don’t change the Ten Commandments in response to the contingencies of our time, we also don’t change the fundamental laws of how to treat human beings.”

I hear this voice in my kishkes crying out: Even if one doesn’t know Reb Simcha Bunim or Rashi or the name of this Torah portion; even if one hasn’t been to shul in decades; even if you’ve eaten a ham sandwich on Yom Kippur every year, how is it possible that you don’t know the most fundamental elements of goodness and decency?! “You shall not oppress the stranger, as you know the heart of the stranger because you were strangers in the land of Egypt” (Ex. 23:9), or “Stay far from falsehood” (23:7), or “Do not pervert justice” (23:6), and “Don’t take bribes (23:8).” Beyond the horror of the crimes themselves, the seeming absence of these most basic elements of ethics from the hearts and minds of so many Jews in this story leaves me speechless.

Of course, these are not the first nor the last Jews to seemingly suffer from this moral malady. The violent abuse of Palestinian Arabs in the West Bank by Jewish Israelis, too often with a similar lack of disapproval or enforcement by the authorities as in the Epstein case, is yet another moral stain on our people. And again, my heart is a jumble of anger, sadness, and shame.

We can, of course add to that list. While Reb Simcha Bunim’s teachings may reflect a centrality of ethics that we like to think of as a distinguishing feature of Torah and Jewish life, our tradition is replete with counterexamples: Abraham allowing Sarah to be taken into Pharaoh’s harem; Shimon and Levi murdering the defenseless men of Shechem; King David abusing his office to bring about the death of Batsheva’s husband so he could marry her. When we recite the confessional at Yom Kippur (whether we ate that ham sandwich or not), we join a long list of Jews who have come up short—some of whom have been held to account in court, many of whom have not.

That is not an excuse, it’s an essential reminder. The emotions surrounding the Epstein case are powerful. To me, that makes it all the more important to rely on our spiritual practices grounded in mindfulness: so we can be aware of how those emotions may be activated within us; so we can look clearly at the wrongs and injustices; so we can have the clarity and courage to offer healing to the victims and rectify the harm; and so we can try to avoid falling into the same morally and spiritually vacuous pits ourselves.

For Reflection & Conversation

  • In your own life, who is a model of a person with a strong ethical core? What lessons of theirs have you tried to embody?
  • How, if at all, does your Jewish spiritual practice support your ethical life?