Book Review: Cain v. Abel: A Jewish Courtroom Drama

Cain v. Abel: a Jewish Courtroom Drama. Dan Ornstein. (Philadelphia: JPS; Lincoln: University of Nebraska, 2020), 196 + xxix pp. Reviewed by David J. Zucker.

Conceptually, Ornstein, a congregational rabbi, has come up with an intriguing way of considering what he terms “One of the World’s Oldest Crime Stories” (xv), the conflict between Cain and Abel, Abel’s death, and Cain’s punishment. Using Genesis 4:1-16 as the “crime report,” Ornstein employs “crime detective/courtroom imagery” as he places these events in “a Jewish courtroom drama. In effect, [he creates]…a modern-day version of midrash, the classical creative Jewish interpretation of the Bible” (xix). Cain Adamson is on trial, the Prosecuting Attorney is termed Truth, and the Defense Attorney, Lovingkindness. Witnesses from Genesis include God, Eve, Adam, and Abel Adamson’s Blood. Cain himself technically is a witness, but he offers no comment during his trial. In addition there are others who do have a voice in the trial. These include such classical figures as Rabbi Yonatan ben Uzziel, who is credited with translating the Prophets into Aramaic (see TB Megillah 3a) (62 ff.), Rashi (67 ff.), as well as Rabbi Stama [“Anonymous one”], Rabbi Joshua from Sikhnin, Rabbi Judah bar Ami (75 ff.), and Rabbi Tanhuma (83 ff.). All of these witnesses in some fashion have commented on the relevant passages in Genesis, whether through aggadic statements (Rabbis Joshua, Judah, et al.), via translation into Aramaic (Rabbi Yonatan ben Uzziel), or commentary, i.e. Rashi. Another figure Ornstein includes is the testimony of a 21st-century figure, Rabbi Eliezer Finkelman, who has written on the subject of Cain-Abel (86 ff.). A further witness is Sin (who was crouching by the door, Gen. 4:7; 93 ff.). Although Cain chooses not to speak during his trial, Ornstein gives him voice later in the book (151-153).

Ornstein is imaginative in his bringing the testimony of these commentators. Ornstein’s own analysis is brought following the various witnesses (God’s Deposition, 47 ff.; Rashi’s Testimony, 72 ff.; on the Testimonies of Rabbis Stama, Joshua, Judah, ben Uzziel, 82 ff.; Sin’s Testimony, 100 ff.; etc.), which allows the author to weave in his thoughts about these witnesses.

Towards the end of the trial Ornstein raises the matter of God’s responsibility in this whole matter. Part of this section makes reference to a passage in Breishit Rabbah 22:9, which suggests the image of two athletes wrestling in mortal combat before a ruler. If he had wished, the ruler could have intervened. The victim cried out just before his death, “let my cause be pleaded before the ruler” (that is, I blame him for not sparing me). As part of the fourth day of the proceedings, the “Tables [are] Turned as God is Put on Trial” (141 ff.).

One failing of the book is that it presupposes that Cain committed murder rather than manslaughter. There is no question that Cain killed Abel. Throughout the book Cain is vilified as a murderer and is portrayed unsympathetically; for example, Ornstein describes Cain as “brutally murdering his brother” (11, see also 21, 59, 60, etc.). Perhaps Abel’s death was unintentional or in self-defense, a result of kill-or-be-killed. That aspect might have been explored.

The book is enhanced by suggestions for how to get the most out of it (xxvii-xxviii), a Discussion and Activity Guide (185-196), as well as Notes and a Bibliography.