Although certainly an archaic idea, excommunication has a very valid foundation to it. You do something that causes the community so much harm, so much disgrace, that the only choice it has is to force you to leave. They do not want to associate with you anymore, because in doing so, you bring them shame.
I bring this topic up because perhaps Bernard Madoff should be excommunicated. If you have not already heard, Bernard Madoff is accused of running the biggest financial scam in history, with the effects costing upwards of $45 billion. I don't know much about business so I cannot explain exactly how it has happened, but in essence, he has been taking money from people, putting it into a fund, and then paying people out with that money. There has been no growth, and the company is worth very little in actual dollars. Now, with the financial crisis, people have been asking for their money back and it is simply not there. He has been scamming individuals, corporations and charities out of billions of dollars.
He has known that he is doing it. It is not simply a mistake. I do not believe that you can reach the number of $45 billion and not realize what has been going on. His greed was vast and wide spread and he targeted a wide variety of people for their money, including Holocaust Survivors. When I first saw this story break on the news, and found out that, amongst other things, he sits on the Treasury Board of Yeshiva University, I felt sick. What are people going to think when one of the biggest financial scams in history is perpetrated by a Jew? Does that help our cause? As the Jerusalem Post recently said, the Jewish community is bracing for the impact that this news will have on the world.
With regard to Israel, I always say that Israel cannot act like it is just another country. Its not. Its the Jewish State. We should have higher expectations of it than of other country's, and it is a valid point that people around the world enjoy watching Israel get it wrong because then they don't feel as bad for doing things wrong either. The Western world afterall is based on Mosaic Law, with the 10 Commandments as the foundation of modern society. When the people who gave the world the 10 Commandments get it wrong, then its ok for others to do something wrong once in a while as well.
The same should be applied to Jews. We are a tiny percentage of the world's population. We have given the world so many things, and take so much pride in our vibrant history, culture and heritage. There is plenty of anti-Semitism in the world today, and it hurts us terribly when we hear stereotypes expressed, about money and banking, and things like that. So, when we are in positions like that, we as Jews much necessarily be careful about what we do. It is simply the way the world is, and if we are going to tell people to live by our example, then we must set a good example from the get go.
I just quickly looked up Excommunication on Wikipedia, the Hebrew term for which is Cherem. There is a list from Talmudic Times of what would be a good enough excuse to excommunicate someone from the community, and I found this:
#14 Causing others to profane the name of G-d
How could this apply to Mr. Madoff? He is an openly Jewish man, sits on the board of many charities and trusts, and has himself been entrusted with much money. Not all the money he has been 'taking care of' has been Jewish, and it is certain that some Jewish stereotypes will be spouted as a result of this. In a sense, this is a source of shame to the Jewish community, and although obviously very few people in our community would act like this, generalizations have swept the world in many ways, and to ressurrect old stereotypes is not difficult. It would be very easy to see this as making other profane the name of G-d. (I understand that in context in Talmudic times it was more likely that this applied to making fellow Jews profane the name of G-d, but am using it in a different context here).
The Jerusalem Post also said that the Jewish community is bracing for the impact of this story because "at least $600 million in Jewish charitable donations have been wiped out." We are a community that relies on charity and on the goodness of our fellow Jews, and for him to consciously accept donations knowing that there is no possible way for this to work out, is, in a word, disgraceful.
I am obviously angry about this, and it disappoints me as someone who has a abnormal amount of hope in mankind and especially in the Jewish community. I know that there are not many people like this, but it pains me when I see someone do something like this, that has the potential to harm our community. I know we will get through it, I know the lost money will be made up somewhere else, but when this happens, people lose a critical sense of trust. Trust is one of the most difficult things to get back once it is lost, and for this reason and others, I think that people must look at this in a serious way.
Jews should be proud not just because of our religion, but because of our history, and particularly our community. Hopefully things like this will not have any serious detrimental effect on the community, and most important, I hope people will learn from his mistakes.
In the meantime, people bringing shame like that to the community should have no part in it.
Please see http://haaretz.com/hasen/spages/1047173.html