Windows and Doors

Windows and Doors

Justice, Compassion, Repentance and Atonement for Bernard Madoff

posted by Brad Hirschfield | 10:26am Wednesday December 24, 2008

The news keeps on coming in the Madoff Meltdown, and it’s not getting any better. But the comments to last week’s post about this mess have been great and they demand a response about the relationship between concepts like justice, compassion, t’shuvah (repentance) and kapparah (atonement). They are not mutually exclusive, even as applied to a single person and that person’s wrong-doings.
My thinking about this is still evolving and, given the scope of this, I hope that yours is too. So here goes. I start by distinguishing between compassion and forgiveness – something that many commenters seem loathe to do. I wonder why? One can have the former without granting the latter.
A good example from Rabbinic literature might be how the Sages interpret what it means to love one’s neighbor as one’s self — a reasonable way to think of compassion. Among the views offered is the notion that it means we should execute a convicted felon in a dignified manner. Hardly what most of us would call forgiving, but we might call it compassionate nonetheless. At least the Sages did.
The compassion about which I write is not squeamish about the law.


It simply realizes that we will need to go deeper than procedural justice (a rebalancing of the scales), if we want to really understand what happened here and make it less like to occur in the future.
From a philosophical standpoint, t’shuvah (repentence) is an ongoing process. It involves both the pursuit of kaparah (atonement) and the gaining of mekhilah (forgivness). And while accomplishing it vis a vis God is a purely internal issue, vis a vis our fellow human beings it is not. Those whom we have wronged need to be satisfied, which can be a lot more difficult than satisfying God.
Bernard Madoff may well never be able to accomplish full kaparah (atonement) from the standpoint of his investors because he probably cannot fully repay them. They however, could grant him mekhilah (forgiveness) independent of that fact. It’s entirely up to them if they choose to do so, but there is no undermining of justice if they do. One is a matter of satisfying the demands of the law and the other is a decision that those who have been hurt are always free to make.
We do not have the right to demand compassion from others when dealing with wrongs that were done to them. It is theirs to either share or withhold. But neither should we hide a lack of compassion behind the claim that it would be wrong to show some because doing so dilutes justice. We simply have to make a choice.
If we just want to be right, then we can keep shouting – at Bernie Madoff and at each other. But if we want to have impact, then more than shouting is needed. That’s where compassion comes in. It never subverts our commitment to justice. It does however demand that justice is done with gentleness, modesty and love.



Previous Posts

Apple's "Jew or Not Jew" App -- Should It Be Legal?
An Apple application that let users guess which French politicians or celebrities are Jewish was pulled from France's App Store. but its American equivalent is still available. French activist groups said the "Jew or Not Jew?" app violated bans on compiling information on people's religion and rev

posted 1:18:48am Sep. 18, 2011 | read full post »

Is God A Christian?
R. Kirby Godsey’s new book, Is God A Christian?, challenges what the author describes as the commonly held belief among many religious people that the God in whom they believe is “one of them”.  People, Mr. Kirby observes, too often confuse God’s religious identity with their own, leading t

posted 11:59:56am Sep. 12, 2011 | read full post »

Remembering 9/11 - Part One
The tenth anniversary of 9/11 brings up many emotions and presents some very real challenges, among them how to remember the past without being imprisoned by it.  This video, filmed at St. Paul's, the church closest to the World Trade Center site, is a wonderful example of rising to that challen

posted 2:40:58pm Sep. 08, 2011 | read full post »

Gilad Shalit, Still A Prisoner After 1,900 Days
Below is a copy of the Statement I got from the White House, and while I appreciate the words, I can't help but also ask, "Is this the best we can do?"  United States Mission to the United Nations Office of Press and Public Diplomacy 799 United Nations Plaza New York, NY 10017 (212) 41

posted 9:04:17am Sep. 08, 2011 | read full post »

Is Realty TV Really Kosher? The Ethics Of Realty TV
I know, at first it seems that ethics and reality TV are about as connected as fire and water – one being the antidote for the other.  But perhaps it’s not as simple as that, a conclusion supported by the recent spate of articles arguing that reality TV producers need to create, and commit, to

posted 6:34:55pm Sep. 07, 2011 | read full post »

Advertisement
Comments read comments(15)
post a comment
njbh

posted December 24, 2008 at 12:29 pm


It does however demand that justice is done with gentleness, modesty and love.
With all due respect, the lack of outrage at Bernie Madoff in the Jewish Community is an outrage in itself.
A confessed criminal he has siphoned off billions and billions of dollars from our community and yet the community has been relatively silent.
Witness: Elie Weisel’s Foundation wiped out.
Picower Foundation wiped out.
etc etc etc
Hard Working Jewish Americans who worked a lifetime and put money aside for their futures and their families wiped out.
If anything the Jewish Community should speak with one voice and denounce Bernie Madoff forever. Just as it denounces the Holocaust, and Hitler. Bernie Madoff has destroyed more wealth in our community than Hitler (who’s heinous crimes should never be forgotten).
Compassion, Love, Forgiveness? Not for Bernie Madoff, not ever.



report abuse
 

Rob

posted December 24, 2008 at 1:05 pm


As a non-Jew, I can see the bright side of the Madoff scandal.
It will discourage people from losing money by doing business with Jews.
Each and every time I have ever had a business transaction with a Jew, or used a Jewish agent, or a Jewish lawyer, I’ve been ripped off for every dollar in the deal. Most recently I went out to Laguna Beach to see an agent holding $350,000 I had planned to use to keep my father in a nursing home. He drives down from his $15 million house in his Jaguar with sterling silver fixtures and tells me over a $1.50 cup of coffee, “Times are tough. I’m sorry, I can’t pay you (for the last two years of your working life).”
Does my personal experience mean all Jews in all time are, have been, or will be crooks?
Of course not. But when was the last time you heard of a Rastafarian in a financial scandal.
There are those who would consider my point of view bigoted, and to you, I’d say, you are entitled to your opinion and I’m entitled to mine. I didn’t start at this place. I simply believe that people will attribute Madoff’s attitudes to Jews as a whole and this is valuable warning.



report abuse
 

Scott R.

posted December 24, 2008 at 1:26 pm


I simply believe that people will attribute Madoff’s attitudes to Jews as a whole and this is valuable warning.
Then you are beyond bigotted. You are a complete anti-Semite, and as such should be shunned from civillized society.
Rabbi,
This person is polluting quite a few of your posts. Please remove him. Thanks.



report abuse
 

Rabbi Brad

posted December 24, 2008 at 1:43 pm


Scott R.
I was going to post an open question about whether or not “Rob’s” Jew-hating comments should be taken down or not. You have started the converation for me –Thanks.
So, here is the plan: I will ask all readers to weigh in on whether or not those anti-Semitic words should come down or not, because I think that we will all learn from the responses no matter what they are. Then, before I leave the office, I will do what my head and my heart tell me is the right thing to do, at least for this moment.



report abuse
 

Cully

posted December 24, 2008 at 2:35 pm


My first reaction is, Take them down! but then I think… Leave them up so that others can see what living without G-d in your heart – living in darkness – sounds like. What Madoff has done is despicable , but it is not anything that has not been done before by any number of men and women of every race, nationality, ethnic background, or religion. Hate is what allows it to continue. Fear of not having the biggest and the best “something” rather than giving joy, and hope, and love – that’s what makes people like Madoff tick, and that’s what makes people like “Rob” pick out a person’s heritage, color, or religion as a basis for their(own) hate and fear. Leave it up, Rabbi – if people don’t know what fear and hate look or sound like then they won’t know what to look out for, and NOT be like.



report abuse
 

Rabbi Brad

posted December 24, 2008 at 3:47 pm


njbh-
Hitler? Do you really want to compare a thief, admittedly a giant one, to the architect of the destruction of global Jewry? Would you make that analogy in front of an Auschwitz survivor? Financially wiped out is different than gassed and burned, no?
Cully,
I’m not sure I agree, but you have touched my heart…and my brain. Thank you.



report abuse
 

new beginning

posted December 24, 2008 at 6:17 pm


Rob is a sad individual. Of course, if one of his fellow whatevers committed a crime of this magnitude, he would say that it’s just one individual who is responsible and cannot be cast upon his entire tribe, nationality, religion, etc. That it was a Jew makes it easy for him to blame and suspect all Jews. After all, we Christ killers are all guilty of every crime ever committed or yet to be committed. His sickness needs no justification except more news to confirm his rationale.
Can he also admit that some Jews have benefited society and the world in medicine, the arts, science, economics… (just look at the list of Jewish Nobel prize winners), or would he like to retroactively give up the health he has gained from their work?
Rabbi, you have merely reminded us that bigots and idiots continue to exist. This one is a poster child for (retroactive) pro-choice. It’s a pity his parents could neither control themselves nor their progeny.



report abuse
 

Sue

posted December 24, 2008 at 7:05 pm


Atonement? How does one atone for driving men to suicide? for depriving philanthropists of the ability to help the poor, the hungry, the sick?
He does not equate with Hitler, but he deserves a special place in history for his evil.



report abuse
 

Gail

posted December 24, 2008 at 8:18 pm


My husband and I were just discussing the Madoff scandal over dinner, and he lamented that ignorant people will take this scandal as verification of the old stereotype about Jews that they are all “money grubbers.” I then came upstairs to read my e-mail, the first of which was your blog for today. And sure enough, there was Rob’s comment about Madoff being a warning to all that Jews are crooks and will “rip you off.”
As someone who has spent much of her life running programs to help dispel stereotypes, this kind of comment really offends and saddens me. I hope Rob reads the rest of the comments on your blog and realizes that he is unfortunately being trapped by the hate that so plagues humanity. I hope others take Rob’s comments as a warning that we all still have a lot of work to do in the area of increasing respect and understanding. Of course I’m not excusing Madoff!! He is a disgusting crook. But if Madoff were Christian, would we condemn most Christians as crooks??



report abuse
 

Ruvain

posted December 25, 2008 at 1:17 pm


I request that Rob’s comment not be removed. Killing the messenger is neither wise nor moral.
When I was young (1950′s), a Black family (they were Negroes back then) wanted to move into a fancy street in our Jewish part of town. A petition arose to prevent the sale. The three leading rabbis in our mid-size town visited every Jewish family on the street and none of the Jewish families signed the petition (for some Jews “not signing” mean retracting their names.). The family moved in and their children went to our school.
I have long since departed the East for L.A., and to my dismay, the number of corrupt Jewish developers, judges and bigots is reprehensible. I have long thought that the organized community should take some action to reign in these moral degenerates, but nothing is done. We take zero responsibility as long as they are successful. We only exclude Gays.
Most recently, the stellar Jewish firm Greenberg and Glusker, who used to be a paragon of ethics, has been brought low with the machinations of attorney Bert Fields and the Pellicano scandal. Although Fields has only been named a person of interest, local attorneys realize that Fields not only knew what Pellicano was doing but that he structured the situation so that Pellicano and not Fields would take the fall.
While the California Jewish community can still kvell in its heroes of yesteryear like Stanley Mosk and Bernie Witkin, today’s Jewish judges are a shanda. Essential to L.A.’s fabled Westside Mafia were leading Jewish lawyers, judges and businessmen.
Does the Federation Council or any other Jewish organization attempt to protect us from any shanda fur die goyim? What about also protecting the general society from these crooks? There will most likely be more Bernie Madoffs and fewer Bernie Witkins.
Let’s print out Rob’s comments and post them to the right hand door posts of our houses so that when we exit our homes, we remember that we have both an individual and a collective moral duty to ourselves and to society.



report abuse
 

Alex Nodopaka

posted December 25, 2008 at 3:04 pm


Essentially, anyone that thinks larger than ordinary/customary financial returns are possible, without someone giving up something in the process is naive. Even Mother Teresa was rewarded for her good deeds… if not a palace then by her conscience. As a matter of fact the world was her palace.
In times of need I’m willing to pay back and even with something extra as a thank you. It may be the words only. In regard the Bernard Madoff affair most of the investors at the 90% bottom of the pyramid scheme didn’t even understand they were part of the plot. They only rode along the coat tails of what they thought was their successful investments.
In the short run the top instigators will have to not only live with their conscience but also with meted punishment. I suspect if shoplifting is a crime and when exceeding a certain dollar figure becomes grand theft and is punishable by years of prison time then Madoff & company should be put away for life after being legally dispossessed of all their earthly goods.



report abuse
 

Scott

posted December 25, 2008 at 3:39 pm


Both Alex and Ruvain seem to also blame the big wigs who lost billions. I think Alex is especially correct to limit the joint blame to the top 10% who had the knowledge to know better.
All the big players had to know about how the mortgage market had been turned into a Ponzi scheme like Equity Funding in 1971. Of course, it was not only us Jews who should have known better. There is Bernacke and Paulson. Having cohorts in crime, however, is not a valid defense.
Can there be crime through stupidity? I would allow the defense — for the bottom 90%. One cannot be the had of the Federal Reserve and Secretary of the Treasury can assert the defense of Stupidity.
Can Spielberg or others responsible for Jewish charities claim Stupidity? I think not. Although they will deny knowing, by the 1990′s everyone knew about Equity Funding, Lincoln Savings, Enron, etc. and everyone knew that any business which reported unbroken gains was a scam. The very financial statements, on which these guardians of Jewish charities say they relied, were shouting, “Scam, Crook, Ponzi scheme” for years.
There were Jewish millionaires and billionaires around the world who knew or should have known that Madoff was running a Ponzi scam; yet they remained silent. Collectively, they can rehabilitate themselves and remove this disgrace from the Jewish Community by gathering $50 Billion to pay back everyone who lost money to Madoff. It’s time for Spielberg, Zuckerman, etc. to assert some moral leadership and spearhead “making everyone whole.”



report abuse
 

windbender

posted December 25, 2008 at 5:10 pm


Rob’s inability (or unwillingness) to recognize that a crook is a crook quite apart from his religious views, or to take into account the fact that many of Madoff’s victims are themselves Jewish, reflects clearly upon the prejudice which is the source of such disparaging remarks.
Please allow his views to stand as the testament they are to the limited scope of understanding and insight they exibit.



report abuse
 

Stewart Perry

posted December 25, 2008 at 8:44 pm


There is a vast difference between a confidence man or a robber who knows he is victiming his target with the intent that the victim will never see that money again, as compared to a man who is confident in a Ponzi scheme that can make money for his “victims” as well as for himself, although operating illegally. With all of Mr. Madoff’s experience and visibility as an expert in the stock market, I gotta believe he KNEW this scheme WOULD WORK. From I read he would only take referred clients, and he KNEW he could make a profit for them, as well as for himself. And he did for years. I see this NOT as a crime of intent to steal, but rather as a crime by definition. His purpose was to give MUTUAL FINANCIAL REWARD to his victims and himself.
If it had not been for the economy tanking, something Madoff could never have predicted when he started the scheme years before (who could have predicted 9/11, followed by the Bush-Cheney deceit that led us into the invasion of Iraq, the military ineptness of Sec/Def Rumsfeld that followed for 5 years, resulting in incredibly huge financial costs on America and financial impact upon the world economy?) his Ponzi scheme would still be going on today with everyone happy with the income.
Today, instead of being happy with the INCOME the victims (and unknowing partners) are justifiablly very distressed with the OUTCOME.
As a lawyer (now retired) I do not see this as an
evil-intent crime. It is a crime by definition in the statutes. I see it as greed, but greed balanced by the desire to enrich those who invested, as they enrich him.
Stewart Perry



report abuse
 

Ruvain

posted December 26, 2008 at 7:27 pm


Dear Stewart Penny:
You do not understand the mechanics of a Ponzi scheme. They never work! No person with even a elementary understanding of finance or math would think a Poniz scheme would ever work. That is why they are illegal.
Ponzi schemes, like Madoff’s and Equity Funding’s, take the money of later investors to make the interest payments to the prior investors for the criminally fraudulent purpose of deceiving outsiders into thinking that the leader of the Ponzi scheme is making wise and profitable investments. By showing bogus investment returns, the Ponzier then garners more investors, and the Ponzier then uses this new money to make payments to the prior investors. Of course, the scheme is a fraudulent sham since the payments to the investors do not come from investments but from the funds of the newer scamees. Each time more investors are added to the Ponzi scheme, the need to raise more cash increases as there are more “older investors” who need to be paid high returns in order to keep the criminal illusion of success alive.
As the records reveal, Madoff was engaged in criminal fraud by telling investors that their money had been invested in certain securities when no such investments had been made. From the news reports, Madoff invented false “investment vehicles” showing a high rate of return. No one could ever believe that a non-existent investment would ever make money for any investor. Madoff knew for an absolute fact that he was involved in criminal fraud where his “investors” would end up losing billions of dollars. That is why he had a bogus CPA firm.
Next year you will also find out that during the reign of Gov. Arnie, Countrywide and other California mortgage companies were also running Ponzi schemes. They were selling non-existent mortgages to Wall Street, but due to their overwhelming greed, they were pocketing so much of the loot that 20% to 30% of Countrywide’s alleged mortgagees were missing their first payment.
After encouraging California businesses to engage in fraudulent business practices, Gov Arnie now wonders why California is bankrupt. Gov Arnie, in contrast to Madoff, appears to have actually believed that California could cheat its way to success. But that’s a story for 2009.



report abuse
 

Post a Comment

By submitting these comments, I agree to the beliefnet.com terms of service, rules of conduct and privacy policy (the "agreements"). I understand and agree that any content I post is licensed to beliefnet.com and may be used by beliefnet.com in accordance with the agreements.

Share this story


About Beliefnet

Our mission is to help people like you find, and walk, a spiritual path that will bring comfort, hope, clarity, strength, and happiness. More about Beliefnet.

Help

Media Kit

Subscribe

Legal

Copyright © Beliefnet, Inc. and/or its licensors. All rights reserved. Use of this site is subject to Terms of Service and to our Privacy Policy. Constructed by Beliefnet.

Advertisement

Report as Inappropriate

You are reporting this content because it violates the Terms of Service.

All reported content is logged for investigation.