Those who remain silent in the face of evil

But how do you know when consent occurs if it is not verbalized? In the Talmud ( Kiddushin 13a), the rabbis wrestle with cases where a man gives something to a woman with the intention of betrothing her, but she is silent. But silence in the face of injustice or impending catastrophe is a mark of complicity and cowardice-as in the book of Esther, where Mordecai reminds the queen, вЂњIf you keep silent in this crisis, relief and deliverance will come to the Jews from another quarter, while you and your fatherвЂ™s house will perishвЂќ (Esther 4:14).Дoes silence always imply consent? In matters of betrothal and divorce, a prime rabbinic principle is that women must give consent. Silence in the face of loss or great pain is frequently lauded, as when Aaron responded to the death of his two sons with silence-perhaps a form of acquiescence or consent to GodвЂ™s will.

Our tradition has an ambivalent relationship with silence. As Rabbi Abraham Joshua Heschel said, вЂњThe opposite of good is not evil the opposite of good is indifference.вЂќ Yet where there is silence, or ease, there will never be justice. Turning away from injustice and hate is always easier. And while I continue to believe that silence was the right choice in that context, I am bothered by how much easier it was than confrontation. I did not assent to the words of that racist, but he never knew that.

Jews are plenty aware of the consequences of silence while our blood was shed, and we denounce the silent as complicit, their inaction as assent. The ease with which people ignore injustice likely prompted the TorahвЂ™s admonition, вЂњDo not stand idly by while your neighborвЂ™s blood is shedвЂќ (Leviticus 19:16). In that situation, maybe it was the right choice, but it was also the easy one. I stood there for a moment, silent, and then I walked out. Lemme take you to the white manвЂ™s section.вЂќ I was shocked. The older man at the counter greeted me, glanced at some shelves of energy boosters and cigarettes, then said, вЂњNah, thatвЂ™s the stuff for the Mexicans and the blacks. While he filled the tank, I went into the shop. On a recent trip through Breezewood, PA, my husband and I stopped at a gas station. Her silence is her consent, but only because of her action, which-in this case-speaks louder than words ( Kiddushin 3b). Without her explicit acceptance, there is no marriage. And although it is the groom who declares her betrothal to him, his declaration is void until and unless the bride indicates consent by a gesture of willful receipt of the token accompanying the declaration, whether a ring or a mule. In the traditional Jewish marriage ceremony, for example, the bride is silent. Bottom line, outside the interrogation room and public demonstrations, silence should never be interpreted as consent unless accompanied by a clear gesture indicating that consent. On the third hand, silence is certainly not indicative of consent in regard to inappropriate contact or sexual advances-even with oneвЂ™s own spouse ( Eruvin 100b).

On the other hand, silence can be misconstrued as consent when we fail to speak up in protest when something harmful is being said or done ( Shabbat 33a).

This clearly applies to an instance of legal adjudication, where the silence of the accused could imply confirmation of the charges. On the one hand, we have the Talmudic legal adage: вЂњSilence is like a confessionвЂќ ( Bavli, Yevamot 87b).

Those who remain silent in the face of evil