Jewish Sovereignty and Its Possibilities – Chayei Sarah 5775

In 1913, Sigmund Freud, the father of Psychoanalysis, wrote a book called Totem and Taboo, exploring issues of archaeology, anthropology, and religion through the perspective of psychoanalysis.  Freud was an Austrian Jew who was totally secular.  He did not observe Jewish traditions in any significant way.  He could not read Hebrew.  Yet, he felt himself to be a Jew, and he never renounced his Jewish identity.

In 1930, Totem and Taboo was translated into Hebrew.  In the preface to this version, Freud, writing from his home in Vienna, describes how he feels about his book appearing in the revived and modernized language of his ancestors.  You’ll have to excuse him.  He writes about himself in a somewhat disjointed third person.

No reader of [the Hebrew version of] this book will find it easy to put himself in the emotional position of an author who is ignorant of the language of holy writ, who is completely estranged from the religion of his fathers—as well as from every other religion—and who cannot take a share in nationalist ideals, but who has yet never repudiated his people, who feels that he is in his essential nature a Jew and who has no desire to alter that nature. If the question were put to him: ‘Since you have abandoned all these common characteristics of your countrymen, what is there left to you that is Jewish?’ he would reply: ‘A very great deal, and probably its very essence.’ He could not now express that essence clearly in words; but some day, no doubt, it will become accessible to the scientific mind.

Thus it is an experience of a quite special kind for such an author when a book of his is translated into the Hebrew language and put into the hands of readers for whom that historic idiom is a living tongue….

Freud is so moved by the translation of his book into Hebrew, but he has no idea why.  Something about the revitalization of the ancient national language of his people in their land has awoken in him a profound sense of identity, even though his active participation in Jewish life is negligible.  How can that be?  What has been awakened in the father of psychoanalysis?

Something quite ancient.

This morning’s Torah portion, Chayei Sarah, begins with the death of our first matriarch.  Abraham, the lonely widower, must now attend to her burial.  Abraham has a problem, however.  He has no place to bury her.  Although God has promised that his descendants would inherit the land, he has yet to take possession of any property.  He is still wandering.

Abraham turns to his neighbors, the Hittites, and asks them to sell him a plot of land so that he can take proceed with his wife’s funeral.  He identifies the Cave of Machpelah, owned by Ephron son of Tzochar, as his intended property, and offers to pay full price for it.

“No, my lord…” Ephron objects, “I give you the field and I give you the cave that is in it; I give it to you in the presence of my people.  Bury your dead.”  (Genesis 23:11)

What a deal!  Abraham should take it, shouldn’t he?  No.  He should not.  Abraham can read between the lines, and he understands that if the land is merely given to him, it will not be truly his.  Ephron or his descendants could come back to Abraham or his descendants and repossess it.  Abraham knows that he must pay.  Ephron knows this too, by the way.  So they enter into a back and forth negotiation, resulting in a final purchase price of 400 shekels of silver.  Abraham pays and takes possession of the land in the presence of all the Hittites, so there is no question that he now owns it.  This is the Jewish people’s first foothold in the land of Israel, nearly four thousand years ago.

This property remains highly significant.  At the end of the Torah portion, Abraham himself dies.  Isaac and Ishmael, estranged half-brothers, return to the Cave of Machpelah to bury their father together.  Isaac, Rebecca, Jacob, and Leah would also be buried there in subsequent generations.

At the end of the book of Genesis, Abraham’s descendants are all living in the Diaspora, in Egypt.  His great grandson, Joseph, has risen to be the Viceroy, second only to Pharaoh.  At the moment, life is good for them there, but they know in their hearts that Egypt is not home.  As death approaches, Joseph calls his family to him and makes them swear an oath.  “I am about to die,” he says.  “God will surely take notice of you and bring you up from this land to the land that He promised on oath to Abraham, to Isaac, and to Jacob…  When God has taken notice of you, you shall carry up my bones from here.”  (Genesis 50:24-25)  This is Joseph’s dying request: for his bones to be returned to the land of his ancestors.

It would take many generations to fulfill Joseph’s instructions.  The family of Abraham would transform into the Israelite nation, and be enslaved by a new Pharaonic administration.  When Moses arises to lead his people to freedom, centuries later, he still remembers the oath.  On the night that they leave Egypt, Moses makes one extra stop to collect Joseph’s bones so that they can be returned to the land of the Patriarchs.

The story ends at the end of the book of Joshua, where we are told that Joseph’s bones are finally laid to rest in Shechem, on land that Jacob had purchased from the children of Hamor for one hundred kesitahs.  We see that from the very beginnings of our people, connection to the land of Israel is intimately tied up with our national identity.

Perhaps this explains why Freud is so moved when his book is translated into the language that is being spoken by his fellow Jews who are trying to reestablish Jewish sovereignty in Israel.  Freud and Joseph both feel the same sense of longing for the land of their ancestors.

In 1950, soon after the formation of the State of Israel, the Knesset passed Chok Ha-Shvut – the Law of Return, giving Jews everywhere the right to live in Israel and become citizens.  In the debate preceding its passage, Prime Minister David Ben Gurion outlined the philosophy behind the Law of Return.

The Law of Return…. comprises the central mission of our state, namely, ingathering of exiles. This law determines that it is not the state that grants the Jew from abroad the right to settle in the state. Rather, this right is inherent in him by the very fact that he is a Jew, if only he desires to join in the settlement of the land…. The right to return preceded the State of Israel and it is this right that built the state. This right originates in the unbroken historical connection between the people and the homeland, a connection which has also been acknowledged in actual practice by the tribunal of the peoples.

According to Ben Gurion, the authority to pass the Law of Return does not come from the State of Israel.  The Law of Return does not exist because the Knesset said so.  It is, in fact, the other way around.  The Knesset exists because the Jewish people have a core connection to the Land of Israel that extends back in history to the Patriarchs and Matriarchs, originating in God’s Promise to Abraham and Abraham’s purchase of the Cave of Machpelah for four hundred shekels of silver.  Israel is the homeland of the Jewish people.  This has always been an essential aspect of our national identity.  This has been true both during times of Jewish sovereignty, as well as when our people lived in exile.  The longing to return home has always been a source of hope for our people.

Why is sovereignty over our land so important to us?  Because it provides us with the opportunity to put Jewish values and principles into practice.  When we lived as an exiled people, always as a minority within a dominant culture, much of our values could only be dealt with theoretically, in the study hall or on the bookshelf.

Our tradition has a lot to say, for example, about how to conduct a criminal trial.  The Torah, and later the Rabbis, imposed a high burden of proof.  Witnesses are warned repeatedly about the importance of giving true testimony.  A verdict is thrown out as untrustworthy unless someone can make a strong case on behalf of the accused.  Our tradition has an extensive theoretical tradition about how to conduct a trial fairly.  Only in the State of Israel is it possible for our Jewish people to wrestle with how to bring principles that were once theoretical into the real world.  The result has been that, except for the solitary case of the Nazi Adolf Eichmann, Israeli courts have not executed a single criminal.

Another example is relevant right now.  This year is a shemitah year, the sabbatical year during which, according to the Torah, agricultural land in Israel must lie fallow.  Trespassing restrictions are lifted, and the poor are entitled to enter landowners’ fields to harvest whatever happens to be growing there.  Indentured slaves are released as debts are forgiven.  Shemitah, as it appears in our sources, reminds us that the land ultimately belongs to God, not ourselves.  It emphasizes the importance of social justice, and resets the economic inequities that inevitably develop so as to prevent multi-generational poverty.

There are many ways in which the laws of shemitah are incompatible with a modern, capitalist, globalized economy.  They were not practical in the ancient world either, and probably were never observed.  But with Jewish sovereignty in the Land of Israel today, we have an opportunity to bring the institution of shemita out of our books and into the marketplace.  What would it mean to create an economy that promoted the principles of social justice and ecological humility that are at the heart of shemita?  This has not yet happened in Israel, by the way, where people either ignore shemitah, or find a creative loophole by selling the land to a non-Jew so that they do not have to suffer the economic loss.

A third example has implications for health care policy.  I do not have to tell you that our Jewish tradition values children.  It is considered a mitzvah to have kids, although the reality is that this is sometimes a challenge, as expressed in numerous cases of barrenness in the Torah, including three out of the four matriarchs.  The Israeli health care system offers unlimited, free, state-funded in vitro fertilization up the age of forty five.  As a a result, Israel has the highest per capita rate of infertility therapy in the world.  This is a decision that is surely an expensive one, but one that has been deemed worthwhile by the State.  As an expression of Jewish values, this is only possible in a place in which Jews have sovereignty.

For Jews living and flourishing outside of Israel, sovereignty is also important.  It changes how we see ourselves, and challenges us to bring our expression of Jewish identity out of our homes and synagogues and into the world.  The pride and openness of being Jewish that we feel here in America is made possible, at least in part, by a flourishing Jewish community in the Land of Israel.

If this conversation interests you, I would like to encourage you to join a course that I am teaching on Thursday nights called Engaging Israel, from a course offered by the Shalom Hartman Institute in Jerusalem.  My words this morning, along with some of the sources I have used, are taken from the topic of this past week’s class.  The overall goal is to explore our people’s connection to Israel and to identify how Jewish sovereignty in our ancestral homeland opens up new possibilities for the the expression and fulfillment of core Jewish values, whether a person is religious or secular, or living in Israel or the Diaspora.

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