Summary of Sections (Makot 9a–b)

Title	Core Focus	Key Concepts	Primary Takeaway
Halakhic Analysis	Legal boundaries of lashes for negative prohibitions	Lashes apply only when there is a ma’aseh (physical act); speech and omissions do not qualify; protects against overreach	Halakhah prioritizes restraint, objectivity, and observable justice, even at the cost of moral completeness
Aggadic Analysis	Moral and spiritual cost of unpunished behavior	Speech, silence, and thought can harm even if they are legally exempt from lashes; aggadah challenges us to hold ourselves accountable	Torah’s silence becomes an invitation to inner teshuvah and moral consciousness, not license for inaction
Sociological Frameworks	Four sociological lenses applied to halakhic minimalism	Functionalism: law ensures stability; Conflict: halakhah may shield powerful; Symbolic: teaches what counts; Intersectionality: invisibility of harm varies by identity	Justice must be expanded through ethics, especially where law does not speak for the vulnerable
Six Thinking Hats	Multi-perspective ethical thinking via de Bono’s method	White (facts), Red (emotion), Green (creativity), Black (risks), Yellow (strengths), Blue (integration); each lens generated SMART-based ethical responses	Teshuvah becomes more powerful when emotion, law, innovation, and mercy are integrated
PEST + Porter’s Five Forces	System-level tension between halakhah and social forces	PEST: Political (restraint), Economic (non-transactional justice), Social (limited public validation), Tech (digital overexposure); Porter: halakhah vs. moral substitutes	Halakhah offers a bounded, dignified alternative to the excesses of digital and informal moral systems
Modern Ethical Dilemmas	Comparison with legal minimalism, speech harm, and digital moralism	Halakhah avoids punishing internal states; modern systems often do the opposite, risking either moral vacuity (law) or overexposure (internet)	Torah’s model allows for ethical repair without legal escalation, emphasizing conscience over control
Jungian Archetypes & Symbolic Roles	Mapping internal moral energy and communal meaning-making	Judge (limits), Shadow (unpunished harm), Orphan (invisible suffering), Trickster (minimalist self-justification), Reconciler (soul repair); symbolic roles shape norms	Teshuvah must include symbolic and psychological repair, even when law is silent

Halakhic Overview– Makot 9a–b

Overview: Malkot and Lo Ta’aseh She’ein Bo Ma’aseh

This daf clarifies when a negative commandment (lav) incurs lashes, and when it does not. It introduces a central halakhic principle:

“Lav she’ein bo ma’aseh – ein lokin alav”

A negative commandment that is not violated through an action does not incur lashes.

This becomes a foundational rule in the Torah’s penal system and determines what kind of behavior can trigger corporal punishment.

Core Halakhic Principles

1. Action vs. Inaction

• Only lavin (negative prohibitions) that involve a ma’aseh (physical act) can be punished by malkot (lashes).
• Lavin that involve speech, thought, or inaction (e.g., failing to perform a mitzvah) do not incur lashes.

Source:

• Rambam, Hilchot Sanhedrin 18:2
• Sefer HaChinuch, Mitzvah 68

2. Exceptions to the Rule

The Gemara discusses apparent exceptions to this rule, such as:

• A Nazir who shaves
• A person who swears falsely (shevuat shav)
• A person who breaks a prohibition with a result that is indirectly physical

This leads to a nuanced principle:

→ Even lavin without clear physicality might incur punishment if halakhically categorized with actionable force.

3. Hasra’ah (Warning) Revisited

For any malkot to apply, there must be prior verbal warning (hasra’ah), and the person must understand that:

• Their act is prohibited
• The specific punishment is malkot

This condition reinforces the educational and preventative function of punishment—not vengeance.

Modern Halakhic Reflections

Though malkot are no longer practiced physically, the sugya underlines enduring values:

• Accountability requires embodiment—not just thought
• Punishment must be tied to measurable acts, not vague conditions
• Halakhah resists punishing mere intent or belief, favoring observable, definable behavior

Contemporary Responsa References:

• Igrot Moshe (Orach Chaim II:103) – on whether modern forms of inaction can be rebuked halakhically
• Tzitz Eliezer 17:20 – on non-physical violations and their spiritual consequences

SWOT Analysis – Halakhic Discipline in Makot 9a–b

Strengths	Weaknesses
Limits punishment to observable, clear actions	May leave intentional or spiritual harms outside formal accountability
Preserves legal clarity and restraint	Punishment may seem arbitrary when similar “non-actions” are judged differently
Emphasizes objective criteria for discipline	Reduces moral impact of inward sins like deceit or contempt
Ensures procedural protection through requirement of hasra’ah	Can be misused to excuse harmful speech or omission if not actionable

Opportunities	Threats
Clarifies difference between spiritual failing and punishable offense	Legalism may allow moral evasion: “I didn’t do anything”
Can educate about Torah’s threshold for judgment	Could cause cynicism if inward harm isn’t addressed in communal systems
Opens path to explore non-malkot forms of consequence	Discourages response to silent forms of harm unless addressed aggadically

OFNR-Based SMART Goals – Halakhic Precision and Moral Reflection

Community-Level SMART Goal

OFNR	Application
Observation	Halakhah limits lashes to sins involving physical action—not speech or intention.
Feeling	We feel impressed by the restraint but concerned about unaddressed inner harm.
Need	We need educational tools to distinguish between halakhic punishability and moral accountability.
Request	Would the community create a study guide comparing punishable lavin with spiritually harmful but non-punishable behaviors?

SMART Goal:

Develop a Middot vs. Malkot curriculum—a side-by-side chart teaching what halakhah punishes and what Mussar addresses, with paired texts.

Individual-Level SMART Goal

OFNR	Application
Observation	I sometimes justify hurtful speech or omission because “it’s not technically forbidden.”
Feeling	I feel rationalizing or detached.
Need	I need a conscience that extends beyond formal punishment.
Request	Would I reflect weekly on one action or inaction that wasn’t punishable but may have caused harm?

SMART Goal:

Begin a Teshuvah Beyond Lashes Log: weekly, list one moment that wasn’t halakhically punishable but still requires apology, repair, or growth.

Aggadic Analysis – Makot 9a–b

1. What Is the Weight of a Thought?

In the halakhic framework, only deeds merit lashes. But aggadically, we ask:

• What is the spiritual weight of inaction?
• Can a sin of silence—like failing to comfort, or refusing to protest—go unseen in Heaven?

Midrash Tanchuma (Vayeshev 1) says:

“Kol mi she’yachol limchot ve’eino mocheh—nikrah nitfas.”

“Anyone who can protest and doesn’t is held responsible.”

The lack of ma’aseh is legally silent but morally thunderous.

2. Inaction as the Most Dangerous Form of Passivity

The aggadic tradition holds that silence can kill:

• The brothers who threw Yosef in the pit
• The Jews who did not cry out against the sin of the golden calf
• The failure to rebuild the Temple—not out of defiance, but inertia

“Not with a bang, but with a whimper” is already a midrash.

3. Why the Law Stops Where the Soul Begins

The halakhah must draw lines around observable behavior—but aggadah speaks to the soul. In Makot 9, the law declines to punish speech or inaction.

Aggadah whispers:

“But God sees the heart” (I Samuel 16:7)

Thus, the legal silence becomes an invitation for mussar, teshuvah, and internal reformation.

Aggadic SWOT Table – Makot 9a–b

Strengths	Weaknesses
Teaches that the human system should not presume divine knowledge	May be misunderstood as minimizing the danger of speech or omission
Builds humility into halakhah: we punish deeds, not thoughts	Leaves the burden of soul-work entirely to aggadah or personal conscience
Encourages the development of mussar-based frameworks beyond law	May allow individuals to spiritually stagnate if they rely only on punishability
Frames teshuvah as non-coercive—rooted in inner truth	Inward sins can go unacknowledged and fester in private

Opportunities	Threats
Create space for introspection, journaling, and character development	Can deepen the gap between legal observance and moral development
Aggadic teaching can cultivate empathy for the unseen	Risk of creating two-tier system: the judged and the self-justified
Encourages teachers and leaders to model ethical introspection	May lead to moral disengagement without communal reinforcement

OFNR-Based SMART Goals – Aggadic Depth and Ethical Expansion

Community-Level SMART Goal

OFNR	Application
Observation	Halakhah draws its lines at action—but many sins begin long before, in thought or in silence.
Feeling	We feel introspective, and responsible.
Need	We need communal space to process unpunishable harm—ethical damage that law cannot touch.
Request	Would the community institute a monthly mussar circle focused on “sins of the unspoken”—speech, thought, or omission?

SMART Goal:

Host a Mussar Be’Sheket (Quiet Ethics) Circle: once a month, study aggadic and mussar texts on ethical lapses that leave no legal trail—like judging silently, failing to speak up, or withdrawing from responsibility.

Individual-Level SMART Goal

OFNR	Application
Observation	I sometimes excuse myself from growth because my missteps “aren’t technically sins.”
Feeling	I feel defensive, but also ashamed.
Need	I need frameworks for self-accountability that go deeper than legal categories.
Request	Would I build a weekly reflection practice to name one unpunishable behavior and explore its soul-impact?

SMART Goal:

Begin a weekly “Ayin Panuy” Journal (Empty Space): each entry includes (1) something I failed to say or do, (2) the ethical need behind it, and (3) one teshuvah step—even if halakhically exempt.

PEST Analysis – Makot 9a–b

Political – Restraining Judicial Overreach

Sugya Insight:

By punishing only actionable offenses, the Torah avoids moral authoritarianism.

Political Implication:

• Legal restraint is a built-in feature, not a flaw
• Courts may not police thoughts, speech, or omission
• The structure upholds freedom of conscience while preserving judicial integrity

SMART Goals – Political

Community

OFNR	Application
Observation	Torah restrains legal power to preserve human dignity.
Feeling	We feel proud and cautious.
Need	We need communal education on why halakhah limits its own reach.
Request	Would the community create a panel on “Power With Limits: Torah and the Ethics of Restraint”?

SMART Goal:

Develop a public education event titled “Justice and Its Limits”, comparing halakhah with secular overcriminalization and mass surveillance.

Individual

OFNR	Application
Observation	I sometimes wish courts would punish intent or inner harm.
Feeling	I feel emotionally reactive.
Need	I need to understand why Torah chooses restraint.
Request	Would I study sources on divine vs. human judgment to clarify why law has boundaries?

SMART Goal:

Study Sanhedrin 6b, Avot 4:19, and Makot 9a—reflect weekly on how restraint is a form of divine imitation (mahu rachum…).

Economic – Accountability Without Exploitation

Sugya Insight:

Halakhah doesn’t monetize internal sins or punish in ways that cannot be legally measured.

Economic Implication:

• Prevents abuse of courts as tools of revenge or reputation economics
• Avoids creating a punishment economy based on emotional damage claims
• Preserves justice as spiritual service, not a transactional market

SMART Goals – Economic

Community

OFNR	Application
Observation	Modern systems often tie punishment to financial loss or gain.
Feeling	We feel alert to injustice.
Need	We need to distinguish sacred consequence from economic exploitation.
Request	Would the community host a workshop comparing Torah and tort law—what gets compensated, what doesn’t?

SMART Goal:

Host a “Value vs. Worth” seminar, examining Torah damages (nezikin) vs. spiritual consequence—what the law costs, and what the soul carries.

Individual

OFNR	Application
Observation	I often equate pain with cost, not with growth.
Feeling	I feel transactional.
Need	I need a spiritual economy for pain and repair.
Request	Would I write a teshuvah plan that doesn’t include only money or work—but heart, presence, or humility?

SMART Goal:

Build a Teshuvah Value Ledger: include emotional cost, missed presence, and internal change—not just tasks or financial restitution.

Social – Defining Sin in the Eyes of Others

Sugya Insight:

When halakhah punishes only physical acts, it teaches communities what counts.

Social Implication:

• May reinforce the idea that speech, omission, or apathy are “not serious”
• Can cause victims of emotional or relational harm to feel erased
• Public meaning is created by what is punished and what is not

SMART Goals – Social

Community

OFNR	Application
Observation	People feel unseen when their pain doesn’t match legal categories.
Feeling	We feel responsible.
Need	We need a communal language that honors harm even when law is silent.
Request	Would the community create a ritual or storytelling event for naming non-punishable pain?

SMART Goal:

Establish “Sheket v’Emet” Evenings—sacred story-sharing circles for ethical harms that halakhah cannot process formally.

Individual

OFNR	Application
Observation	I’ve ignored people’s pain because it wasn’t legally visible.
Feeling	I feel regret.
Need	I need tools to validate pain outside the legal domain.
Request	Would I call one person this month and ask if they’ve ever felt harmed by my omission or silence?

SMART Goal:

Make a “Listen Without Defense” call once a month. No rebuttal. Just presence and thank-you.

Technological – Accountability in a World Without Privacy

Sugya Insight:

Halakhah restrains its jurisdiction. Technology, by contrast, punishes without limit.

Modern Tension:

• Screenshots, recordings, and digital permanence now immortalize intent, silence, and ambiguity
• There is no analog to “ein bo ma’aseh” when everything is archived

SMART Goals – Technological

Community

OFNR	Application
Observation	In the digital world, even inaction becomes visible—and punishable.
Feeling	We feel overwhelmed.
Need	We need digital ethics grounded in Torah’s restraint.
Request	Would the community publish a covenant of restraint for online speech and silence?

SMART Goal:

Publish “Torat HaSheket Online”, a halakhically-informed guide to ethical omission, restraint, and judgment in digital life.

Individual

OFNR	Application
Observation	I replay and punish others for things they never meant to say.
Feeling	I feel harsh.
Need	I need mercy practices for digital speech.
Request	Would I pause before posting any “inaction callout” and reflect: Is this lash-worthy, or am I being reactive?

SMART Goal:

Adopt a 3-Check Digital Silence Rule: before you comment on someone’s failure to speak, ask (1) Did they know? (2) Were they safe? (3) Would silence be appropriate?

Porter’s Five Forces – Halakhic Discipline in the System of Social Power

Force	Halakhic Mapping (Makot 9a–b)	Implications
Competitive Rivalry	Torah competes with cultural norms that punish speech and thought	Halakhah appears “soft” in contrast to cancel culture or digital mobs
Threat of New Entrants	Online systems of moral judgment with no due process	Informal justice replaces halakhah when public feels formal systems are too slow or restrained
Power of Suppliers	Rabbis, judges, and moral influencers shape what is seen as “wrong”	They may stretch halakhah to meet communal expectations—or leave gaps unaddressed
Power of Buyers	Communities demand visibility and accountability for all forms of harm	Torah may disappoint when it cannot address speech, thought, or indirect harm
Threat of Substitutes	Psychology, secular law, or online shaming may replace halakhic categories of wrongdoing	Torah risks becoming morally irrelevant if it does not speak into gray zones of harm and responsibility

Sociological Analysis of Makot 9a–b

Frameworks:

1. Functionalism – How halakhah sustains social order
2. Conflict Theory – Who benefits from the exclusion of internal sins?
3. Symbolic Interactionism – How law teaches meaning through what it punishes
4. Intersectionality – Whose invisible suffering is most likely ignored?

Each includes:

• Interpretation
• Contemporary application
• Full NVC OFNR-based SMART goals for community and individual

1. Functionalism – Law Must Be Visible to Maintain Order

Sugya Lens:

Halakhah punishes only violations involving external action. Inner life, thought, and speech are legally non-punishable.

Functionalist Interpretation:

• The legal system is built on observable actions
• By drawing the line at action, halakhah:
  • Maintains objective standards
  • Promotes stability and consistency
  • Avoids suspicion and surveillance of the unseen

SMART Goals – Functionalism

Community

OFNR	Application
Observation	Halakhic systems protect order by punishing only external actions.
Feeling	We feel grounded but wary of what remains unaddressed.
Need	We need communal ethics that address the unseen without destabilizing justice.
Request	Would the community sponsor a series on Torah’s two-tier justice—halakhic for society, aggadic for the soul?

SMART Goal:

Develop a course called “Chitzoniyut v’Penimiyut: Outer Law, Inner Repair”—teaching what halakhah punishes and what ethics invites.

Individual

OFNR	Application
Observation	I trust legal fairness more than emotional complexity.
Feeling	I feel safe, but emotionally detached.
Need	I need to balance order with inner honesty.
Request	Would I reflect weekly on one behavior I know is legal but morally troubling?

SMART Goal:

Use a Two-Tier Teshuvah Chart: one column for halakhic breach, one for emotional breach—review weekly.

2. Conflict Theory – Who Benefits When Inner Harm Is Ignored?

Sugya Lens:

Lavim without action go unpunished. This includes false intentions, malicious thoughts, and passive complicity.

Conflict Interpretation:

• Powerful individuals may avoid accountability by staying within the bounds of technical legality
• Victims of speech, silence, or emotional abuse may find no recourse
• The legal silence protects the legally savvy, not the morally vulnerable

SMART Goals – Conflict Theory

Community

OFNR	Application
Observation	Technical innocence often shields real moral harm.
Feeling	We feel frustrated and protective.
Need	We need language for harm that isn’t “illegal,” but still painful.
Request	Would the community create a forum for testimony from those harmed by technically kosher but morally unjust behavior?

SMART Goal:

Establish a Seder HaNefesh Circle—a safe space for sharing stories of invisible harm, with Torah sources for response.

Individual

OFNR	Application
Observation	I use halakhah to shield myself from inner accountability.
Feeling	I feel rationalizing.
Need	I need courage to confront moral power I’ve misused.
Request	Would I ask one person if I’ve ever caused them unseen harm—and listen fully?

SMART Goal:

Each Elul, ask one trusted person: “Have I ever hurt you in a way no one saw?” Listen, write, and respond with teshuvah.

3. Symbolic Interactionism – What Law Teaches by What It Punishes

Sugya Lens:

Only outward violations are punished—inner violations go unacknowledged by Beit Din.

Symbolic Interpretation:

• Society learns from what is punished
• When speech or silence is legally ignored, people may internalize that these are not important
• Social roles (teacher, rebuker, elder) may become blind to invisible damage

SMART Goals – Symbolic Interactionism

Community

OFNR	Application
Observation	Legal systems shape public moral imagination.
Feeling	We feel concerned that silence = permission.
Need	We need symbolic forms that teach inner accountability.
Request	Would the community create a parallel ritual—public acknowledgment of non-punishable moral failings?

SMART Goal:

Introduce a Kabbalat Sheket (Receiving Silence) ritual where congregants write one unspoken hurt or lapse on slips of paper, anonymously placed into a receptacle for collective vidui.

Individual

OFNR	Application
Observation	I don’t think about harm I didn’t “do”—only what I did.
Feeling	I feel inattentive.
Need	I need reminders that omission is also part of my moral identity.
Request	Would I create a weekly practice to reflect on speech withheld or silence misused?

SMART Goal:

Create a Midweek Sheket Log: each Wednesday, record one silence that mattered—whether healing or harmful.

4. Intersectionality – Who Suffers Most from Legally Invisible Harm?

Sugya Lens:

Only physical acts trigger formal punishment. Yet many communities (especially vulnerable ones) suffer from:

• Verbal abuse
• Neglect
• Withheld support

These are often not punishable but cause real, lasting harm.

Intersectional Interpretation:

• Marginalized people are most at risk from systemic omissions
• Halakhic silence about passive harm may leave them unprotected
• The system reflects its era; the challenge is to expand spiritual protection

SMART Goals – Intersectionality

Community

OFNR	Application
Observation	Those least protected by halakhah are often those harmed in unseen ways.
Feeling	We feel ethically accountable.
Need	We need inclusive frameworks for harm that halakhah doesn’t formally address.
Request	Would the community train leaders to recognize and respond to spiritual harm in identity-specific contexts?

SMART Goal:

Launch a Teshuvah b’Tzel Training (Shadow Teshuvah): educate rabbinic and communal leaders to see harm across race, gender, disability, and speech-based pain.

Individual

OFNR	Application
Observation	I don’t always see how my omissions affect people different from me.
Feeling	I feel unconscious or embarrassed.
Need	I need to listen to how my inaction is experienced differently.
Request	Would I follow one community voice outside my norm and reflect weekly on harm I might not notice?

SMART Goal:

Subscribe to a justice-oriented Jewish platform (e.g., Svara, Jewish Multiracial Network) and journal once a week: What did I learn about my blind spots?

Six Thinking Hats – Makot 9a–b

1. White Hat – Facts and Structure

Focus: Pure information and halakhic architecture

Makot 9a–b establishes:

• Lashes are only given for Torah-level prohibitions (lavin)
• They must be violated by a physical act
• Speech, inaction, or intention do not incur lashes
• The requirement of action creates procedural protection and clarity

SMART Goals – White Hat

Community

OFNR	Application
Observation	Halakhah builds formal accountability around observable actions only.
Feeling	We feel secure in the system’s precision.
Need	We need clear learning materials about what halakhah governs—and what it leaves to the soul.
Request	Would the community produce a halakhic map of punishable vs. unpunishable behaviors to clarify accountability?

SMART Goal:

Create a “Torah Punishes / Torah Invites” chart—showing which behaviors are addressed by Beit Din and which are for personal teshuvah.

Individual

OFNR	Application
Observation	I often confuse what’s legal with what’s moral.
Feeling	I feel misaligned.
Need	I need tools to distinguish halakhic limits from ethical expectations.
Request	Would I study three examples of unpunishable but morally wrong behaviors?

SMART Goal:

Each month, pick one lav from Makot and track its halakhic vs. ethical scope—record insights in a teshuvah log.

2. Red Hat – Feelings and Intuition

Focus: Gut reactions and emotional undertones

Emotional Themes:

• Sadness that some real harms (e.g., shaming, neglect) go unpunished
• Frustration when people justify harmful speech or inaction
• Anxiety about how much we miss by focusing only on “visible sins”
• Relief that Torah doesn’t surveil thoughts

SMART Goals – Red Hat

Community

OFNR	Application
Observation	Many people feel morally unseen when inner pain isn’t acknowledged.
Feeling	We feel tender and protective.
Need	We need rituals that hold emotional truth when halakhah cannot.
Request	Would the community offer a Yom Teshuvah for the Unspoken—honoring ethical failures not formally judged?

SMART Goal:

Hold a “Vidui be’Sheket” service before Yom Kippur: congregants reflect silently on harm they caused or suffered that was never named aloud.

Individual

OFNR	Application
Observation	I carry guilt for omissions no one knows about.
Feeling	I feel quietly ashamed.
Need	I need emotional resolution beyond formal teshuvah.
Request	Would I write private vidui each week for missteps that didn’t involve action—but still impacted others?

SMART Goal:

Start a Silent Vidui Journal: write one short entry weekly—naming one silence, one feeling, one step toward closure.

3. Green Hat – Creativity and Possibilities

Focus: Ritual innovation and constructive alternatives

Opportunities:

• Create non-punitive practices to acknowledge speech and omission
• Use mussar-based tools to address what halakhah doesn’t punish
• Develop communal rituals that name harm without vengeance
• Design a structure of teshuvah for “sins of absence”

SMART Goals – Green Hat

Community

OFNR	Application
Observation	Halakhah is clear—but it leaves room for creativity where law ends.
Feeling	We feel inspired.
Need	We need new forms of ethical restoration where law cannot reach.
Request	Would the community pilot ritual prototypes for invisible sins—speech, silence, inaction?

SMART Goal:

Develop a Teshuvah Without Lashes Lab: rabbis, educators, artists co-create symbolic practices for ethical repair beyond formal malkot.

Individual

OFNR	Application
Observation	I lack personal rituals for silent or inner repair.
Feeling	I feel stuck.
Need	I need creative tools to close the loop.
Request	Would I try embodied teshuvah for a sin of omission—e.g., movement, gesture, art, offering?

SMART Goal:

Choose one symbolic act of return each month (e.g., tzedakah, physical walk, letter) for a behavior not punishable—but still regretted.

4. Black Hat – Caution and Critical Review

Focus: Risks and downsides

Dangers:

• Halakhic silence may enable passive harm
• Abusers or manipulators may weaponize legal restraint: “I didn’t do anything wrong”
• Victims of speech-based trauma may be left unprotected
• Society may ignore soul damage in favor of legal neatness

SMART Goals – Black Hat

Community

OFNR	Application
Observation	People are harmed every day by behaviors halakhah cannot punish.
Feeling	We feel urgency and moral discomfort.
Need	We need ethical systems that offer justice, not just legality.
Request	Would the community add training on harm that halakhah doesn’t punish but the heart must repair?

SMART Goal:

Create a Hidden Harms Responsa Study Series: monthly review of real-life cases of non-actionable harm, with practical teshuvah tools.

Individual

OFNR	Application
Observation	I sometimes rationalize damage I cause because it wasn’t “illegal.”
Feeling	I feel evasive or ethically fragile.
Need	I need integrity, not just compliance.
Request	Would I build an ethical mirror to test if my halakhic innocence covers real harm?

SMART Goal:

Every Friday, complete an Integrity Reflection: one behavior I rationalized this week, one harm I overlooked, one possible repair.

5. Yellow Hat – Strengths and Affirmation

Focus: Positivity and opportunity

Affirmations:

• Halakhah shows remarkable restraint in not legislating inner life
• The boundary between law and soul honors free will
• Torah teaches that conscience matters even when law is silent
• The legal system is just and measured, not omnipotent

SMART Goals – Yellow Hat

Community

OFNR	Application
Observation	Torah refuses to punish thoughts—it invites the soul to choose teshuvah.
Feeling	We feel awe and humility.
Need	We need spaces that celebrate voluntary moral repair.
Request	Would the community create liturgy that affirms ethical teshuvah done without coercion?

SMART Goal:

Compose a “Berachah Al HaLev”—a blessing said when one returns without obligation. Print it in the Yom Kippur Machzor.

Individual

OFNR	Application
Observation	I want to grow even when no one requires it.
Feeling	I feel empowered.
Need	I need ways to bless my own growth.
Request	Would I build a monthly habit of naming one inner growth no one asked for—but I chose anyway?

SMART Goal:

Start a Free Will Teshuvah Log: once a month, record a return or repair you did without halakhic force—just soul choice.

6. Blue Hat – Meta-Structure and Integration

Focus: Process integration and ethical synthesis

Insight:

• Halakhah defines the floor, not the ceiling
• Mussar and aggadah elevate us beyond law
• Six Hats together reveal the totality of Torah-based teshuvah:
  • External and internal
  • Legal and emotional
  • Ritual and practical

SMART Goals – Blue Hat

Community

OFNR	Application
Observation	We often silo law, ethics, ritual, and emotion.
Feeling	We feel fragmented.
Need	We need integrated spiritual learning.
Request	Would the community structure its teshuvah teaching around Six Hats integration?

SMART Goal:

Create a Teshuvah Chavruta Cycle: each partner studies a sugya using one hat per day, then reflects as a pair on Shabbat.

Individual

OFNR	Application
Observation	I tend to engage teshuvah only from one mode—law or feeling.
Feeling	I feel incomplete.
Need	I need total teshuvah literacy.
Request	Would I try one week of full teshuvah practice—applying each hat to a single mistake?

SMART Goal:

Each day, apply one hat to a single ethical struggle. By day 6, write a Tehillim or prayer of closure. Begin again next week.

Cross-Comparison with Modern Ethical Dilemmas, specifically how the halakhic principle:

“Lav she’ein bo ma’aseh ein lokin alav”

(No lashes for a prohibition not violated through a physical act)

Echoes or challenges contemporary justice debates. Each section includes:

1. A modern dilemma
2. A Talmudic parallel
3. Full NVC OFNR-based SMART goals for both community and individual

1. Speech Harm and the Limits of Law

Sugya Parallel:

Torah does not assign lashes for speech-based transgressions like lashon hara or verbal abuse, since they lack ma’aseh.

Modern Dilemma:

• Emotional abuse, gaslighting, cyberbullying—all cause real harm, but may not involve overt physical action
• Legal systems struggle to define and prosecute non-physical cruelty

Halakhah mirrors this tension: what cannot be measured, cannot be punished—formally.

SMART Goals – Speech Harm

Community

OFNR	Application
Observation	Halakhah is silent on many forms of verbal harm.
Feeling	We feel urgency to fill that silence.
Need	We need communal ethics for what Torah law cannot punish.
Request	Would the community adopt ethical guidelines and accountability structures for speech-related harms?

SMART Goal:

Develop a “Dibbur b’Kavod” Covenant—clear, signed standards for ethical communication, including speech, text, and public silence.

Individual

OFNR	Application
Observation	I sometimes hurt with words, then hide behind technical innocence.
Feeling	I feel rationalizing.
Need	I need accountability beyond halakhic boundaries.
Request	Would I commit to an annual cheshbon hanefesh just on speech that harmed—even if unpunished?

SMART Goal:

Each month, choose one incident of potentially harmful speech and journal: What was my need? What was theirs? What repair is possible?

2. Legal Minimalism vs. Moral Aspiration

Sugya Parallel:

Only prohibitions with physical acts are punishable. This minimalist legal frame protects from excess—but may overlook inner corruption.

Modern Dilemma:

• People ask: “Is it illegal?” rather than “Is it right?”
• Legal boundaries become ethical ceilings, not floors
• Moral decay may flourish within legal limits

SMART Goals – Legal Minimalism

Community

OFNR	Application
Observation	Communities often rely on halakhic minimalism to avoid moral growth.
Feeling	We feel concerned.
Need	We need to teach that Torah’s law is a floor—not the entirety of righteousness.
Request	Would the community build a curriculum called “Mutar Aval Lo Nachon”—what’s legal but not good?

SMART Goal:

Launch a “Beyond the Letter” series—pair each legal limit (mutar) with a mussar reflection on whether it’s truly aligned with derech eretz.

Individual

OFNR	Application
Observation	I ask “What’s permitted?” more than “What’s worthy?”
Feeling	I feel ethically passive.
Need	I need aspirational framing, not just compliance.
Request	Would I choose one permitted behavior each week and ask whether it reflects my highest values?

SMART Goal:

Keep a weekly “Lifnim Mishurat HaDin” Log: one thing I could have done better—not out of guilt, but as ethical stretching.

3. Digital Moralism and the Demand for Total Transparency

Sugya Parallel:

Torah restricts punishment to what is seen and measured—a principle of legal humility.

Modern Dilemma:

• The internet punishes intentions, inaction, and poor tone
• There is no statute of limitations, no due process
• Surveillance replaces trust; public scorn replaces reflection

SMART Goals – Digital Moralism

Community

OFNR	Application
Observation	We live in a culture of constant exposure and judgment.
Feeling	We feel overwhelmed.
Need	We need Torah-based ethics of privacy, restraint, and bounded consequence.
Request	Would the community develop a halakhically rooted covenant of digital teshuvah and humility?

SMART Goal:

Publish a “Brit Sheket Digital”—a pledge to protect others’ digital missteps, promote contextual judgment, and allow reintegration.

Individual

OFNR	Application
Observation	I have judged people online without process, often on impulse.
Feeling	I feel ashamed.
Need	I need practices of pause and mercy in my digital responses.
Request	Would I commit to waiting 24 hours before engaging in moral critique online?

SMART Goal:

Adopt a “Digital Teshuvah Timer”: install a 24-hour hold between reading and reacting to call-out content; reflect on context, teshuvah, and truth.

Jungian Archetype Mapping – Makot 9a–b

The sugya distinguishes between outer action (which can be punished) and inner intention/speech/inaction (which cannot). This creates fertile ground for archetypal mapping:

Archetype	Sugya Role / Symbol	Psycho-Spiritual Function
The Judge	Beit Din limiting punishment to action	The part of us that sets clear lines between law and soul—between observable and invisible
The Shadow	Harm caused without consequence	The unseen parts of ourselves that evade justice yet cause damage
The Orphan	The victim of speech, neglect, or omission	The wounded part that suffers silently without validation
The Trickster	One who hides behind halakhic minimalism	The ego that uses structure to dodge moral responsibility
The Sage	The Torah’s structure itself	Inner wisdom that preserves restraint and protects the boundary between judgment and mercy
The Seer	The aggadic and mussar voice that sees inner truths	Conscience that operates outside formal systems, connecting soul to accountability
The Reconciler	Teshuvah for speech or silence, even if not legally required	The part of the self that heals breaches invisible to courts but not to relationships

Symbolic Interactionism Matrix – Makot 9a–b

In symbolic interactionism, meaning arises from interaction, not just structure. The roles and omissions in Makot 9 silently instruct the community on what counts as “real sin.”

Social Symbol / Role	Halakhic Position	Symbolic Meaning Constructed
Speech / Silence	Not punished	Pain without action is invisible to legal systems
Beit Din	Limited by rule to act only on observable ma’aseh	Justice is procedural, not omniscient
Victim of Speech	No lashes for lashon hara, verbal abuse, or social exclusion	Experience is real, but unacknowledged by halakhic formalism
Teshuvah Seeker	May feel morally convicted, but legally untouched	Must self-initiate repair and reintegration
Community Witness	Sees what happens not addressed	Learns to mimic the system: “If it’s not punished, it must not matter”

OFNR-Based SMART Goals – Archetypal and Symbolic Integration

Community-Level SMART Goal

OFNR	Application
Observation	Torah punishes only the visible, yet harm often arises from what’s unspoken.
Feeling	We feel reverent toward halakhah, but concerned for moral blind spots.
Need	We need communal rituals and narratives to name harm beyond what courts can address.
Request	Would the community host a Yom HaSheket—a day of reflection, lament, and restoration for invisible harms?

SMART Goal:

Establish “Yom HaSheket” annually during Elul—a ritualized day of silence, storytelling, and non-punitive teshuvah practices for speech-based or silent wounds.

Individual-Level SMART Goal

OFNR	Application
Observation	I often judge others only when their sin is obvious—and excuse myself when mine is subtle.
Feeling	I feel conflicted and humbled.
Need	I need a practice that rebalances my ethical attention between action and omission.
Request	Would I set aside weekly time to reflect on “The Unseen”—ethical missteps that no one noticed, but I felt?

SMART Goal:

Create a weekly “Teshuvah of the Invisible” notebook: each Friday, write one harm done through silence, absence, or passive consent—and one path toward gentle repair.