Why does a portion overflowing with civil law stop, in the middle of everything else, to tell you how to build your roof?
When you build a new house, Torah says, put a ma’akeh, a guardrail, on the roof, so no one falls. It sits in Ki Teitzei almost an afterthought among dozens of other laws: return the lost ox, pay the worker before sundown, leave the gleanings for the poor. But ma’akeh is the right word for the whole portion. Every law here is a guardrail, a protection for those who could fall or be pushed.
We build guardrails because we don’t fully trust each other, and a society honest about that protects people exactly where power tends to slip: the wife accused without evidence, the son a father wants to disown, the worker whose wages could vanish if no one were watching. Ki Teitzei is guardrail after guardrail, each one placed where someone could fall.
Madison wrote the same instinct into the Constitution: if men were angels, no government would be necessary, and since they are not, government must be given enough power to govern and then be obliged to control itself. Checks and balances in our government are guardrails by another name, built because we know what power does when no one is watching or nothing is stopping it.
What they were built to keep out has a name: Amalek. Torah tells us exactly what he did. He attacked from the rear, cutting down the stragglers, the elderly, and the exhausted, too weak to keep pace after Egypt. The Hebrew for it is zanav, to tail. And Torah adds one line about why: he did not fear God. Fearing God, in this text, means knowing something stands above you, that your own strength is never the final word. Amalek feared nothing greater than himself, and a man who fears nothing greater than himself decides soon enough that the weak exist for his convenience.
Hubert Humphrey put it plainly, dedicating a federal building: the moral test of government is how it treats those at the dawn of life, the children; those at the twilight of life, the aged; and those in the shadows of life, the sick, the needy, and the handicapped. Society is judged by how it treats its most vulnerable. Those are exactly Amalek’s targets.
I recognize that fault line right now, and it does not belong to another country. Those same guardrails, due process, the courts, a Congress willing to check power rather than defer to it, get treated as obstacles rather than as boundaries. Immigration raids treat frightened, exhausted people the way Amalek treated the stragglers, as targets of opportunity rather than as human beings owed protection. Settlers in the West Bank, claiming to act in the name of my own tradition, terrorize Palestinian families with brutality that has everything to do with Amalek’s logic and nothing to do with Torah. When the government looks away from these or blesses them outright, I no longer consider them legitimate by the standards of our tradition.
Ki Teitzei commands us to erase Amalek’s memory precisely because that instinct never fully leaves: the appetite for treating a guardrail as an inconvenience rather than a covenant. What do we do when the stragglers being picked off are visible right now, on the news, at the border, in cities, villages, and olive groves? It is one of Moshe’s final charges to his people before he dies: make sure we are never mistaken for Amalek, or for the government, or for the neighbor who lets him operate unchecked.
I have no program to offer, no plan for how a rabbi in Philadelphia moves the world’s cruelty. But I know what my tradition asks of me before I know what to do about it: let the stragglers, wherever they are this week, be people I am responsible for, not a category I have learned to tolerate.
What would it cost you to do the same?