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January 18, 2015

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Va’era 5775 – France Without Jews is not France

We are still in shock over the murders by Islamic terrorists a week and a half ago of Yoav Hattab, Yohan Cohen, Philippe Braham and François-Michel Saada as they were doing some last-minute shopping before Shabbat. Those killings, along with the attacks at the offices of Charlie Hebdo have been a wake-up call. Much soul-searching is taking place in France, and around the world.

It seems that some people outside of the Jewish community are finally recognizing that there is a connection between antisemitic attitudes and rhetoric and terrorism – that ignoring the former will invariably lead to the latter.

French Prime Minister Manuel Valls declared last week that “France without Jews is not France.” To back up this sentiment, he announced on Monday that 10,000- military troops would be deployed to protect sensitive sites, and that 4,700 police officers would protect Jewish schools and synagogues.

At the rally in Paris last Sunday of a million and a half people, in addition to signs declaring “Je suis Charlie,” there were some that read “Je suis Juif.” I am Jewish.

I imagine it must be at least somewhat reassuring to French Jews to have both the leaders of the country as well as some of its citizens taking their safety seriously and making commitments to protect them because they recognize that French Jews are citizens of the country who make up an important and integral part of the national fabric.

Not everyone is so hopeful. On Sunday, Prime Minister Netanyahu, attending the rally in Paris, explicitly invited the Jews of France to move to Israel. “Israel is your home,” he said. This was not the first time that an Israeli leader urged French Jews to make aliyah. In 2012, at a joint press conference with President Francois Hollande, Netanyahu said: “In my role as Prime Minister of Israel, I always say to Jews, wherever they may be, I say to them: Come to Israel and make Israel your home.”

It has not only been Netanyahu. At a ceremony in 2004 welcoming new immigrants from France, Prime Minister Ariel Sharon advised French Jews to “move immediately” to Israel to escape “the wildest antisemitism” in France.

The French were not pleased then either.

There is something of a rhetorical tug of war going on here between those who say that “France without Jews is not France,” and those who claim that there is no future for Judaism there.

This is not the first time the Jewish people have faced this question. In this morning’s Torah portion, Va-era, there is also a tug of war over the future of the children of Israel. At the opening of the parashah, they are enslaved in Egypt. God has identified Moses as the prophet who will carry the message “Let my people go” to Pharaoh and lead the Israelites out of slavery and to the Promised Land.

Not everyone wants to see the Israelites leave, however. Pharaoh and his court, certainly, do not want to see their enslaved workforce disappear. The Israelites themselves are skeptical of Moses’ insistence that God is going to lead them away. They prefer an enslaved life that they know to an uncertain life of freedom.

God knows, however, that there is no future for Israel in the land of Egypt.

God hears the groaning of the Israelites and remembers the commitment made to their ancestors generations before. God promised Abraham, Isaac, and Jacob, that their offspring would be as numerous as the stars and would one day inherit the land of Israel. They would be a blessing to the world. This is a destiny that cannot be fulfilled by slaves in a foreign land.

God tells Moses:

Say… to the Israelite people… I will free you from the labors of the Egyptians and deliver you from their bondage. I will redeem you with an outstretched arm and through extraordinary chastisements. And I will take you to be My people, and I will be your God. (Exodus 6:6-7)

These four verbs – “I will free you, I will deliver you, I will redeem you, and I will take you” – are the four stages of redemption that our Passover Seder identifies as the basis of the four cups of wine.

In this redemption, freedom is only part of God’s promise. God also means to build a covenantal relationship with the Jewish people. Central to that covenant is the establishment of a Jewish society in the Promised Land. Only then can the Jewish people become what God has intended for them to become. Only then will they realize their potential and flourish.

This tug of war in the Torah between slavery and freedom, between Egypt and Israel, is black and white. In the millennia since our ancestors first became free, the question of where the Jewish people can best flourish has been more complicated. Maimonides, fleeing persecution in Spain and then Morocco, made his way to the land of Israel. There, he found a backwards Jewish community in which he did not see a future. So he kept going South and settled in the thriving Jewish community of Fustat, Egypt.

We are a people that is both rooted in our Promised Land, and capable of bringing our faith and identity with us wherever we go. We have been successful at it, developing tight-knit communities whose members support one another and are a force for good in their surrounding environments.

Part of the importance of the State of Israel today is that it truly functions as the homeland of the Jewish people. Robert Frost said “Home is the place where, if you have to go there, they have to take you in.” Israel is that home for Jews, wherever we happen to be living right now.

Since the establishment of Israel in 1948, it has opened its doors to refugees from the Holocaust, masses of Jews fleeing pogroms in North Africa and the Middle East, Jews of the Former Soviet Union and Ethiopia. “Welcome home,” Israel said.

So what of the Jews of France today?

The Jewish community in France is significant. There are an estimated 500,000 Jews living in France. The is the largest community in Europe and the third largest in the world. It is a diverse, cosmopolitan community, comprised of Jews across the religious spectrum – from secular to ultra-Orthodox, and everything in between.

The last few years have seen a rise in acts of antisemitism. This has led to increasing numbers of French Jews deciding to move to Israel. Last year, nearly 7,000 French Jews made aliyah, more than double the previous year. With continued anti-Jewish violence, that number is expected to be even higher this year, perhaps as many as 10,000.

When we consider the long history of Judaism in France, it is particularly sad that the community finds itself facing so much pressure now, because France has really come a long way.

The first Jews probably arrived about 2,000 years ago. Attracted by economic opportunities, they did well in the early middle ages. Charlemagne embraced the Jews, seeing them as a blessing to his kingdom.

The Crusades brought new attitudes across Europe. Rulers stoked antisemitism, and peasants took out their frustrations on their vulnerable Jewish neighbors.

The persecutions began around the year 1000 CE. Jewish communities were often confronted with the choice of conversion to Christianity, death, or exile. Several waves of expulsions took place in 1182, 1306, and 1394. Jews often had property and assets seized, or debt owed to them cancelled. Blood libel accusations were frequent.

Don’t think, however, that it was all bad – that the middle ages were centuries upon centuries of pure suffering. Also during this time, there were Jewish communities that thrived, enjoying prosperity and cultural flowering. Some of the most important Jewish leaders and thinkers in history came from France.

Rabbi Shlomo ben Yitzchak, more commonly known as Rashi, is the most important commentator of the Torah and Talmud in Jewish history. He lived and taught in Troyes, in Northern France in the eleventh century and gave rise to a school of innovative Jewish thinkers that flourished for several generations.

As the years passed, the Jews of France, as they were everywhere else in the world, were seen as other, and treated as second-class citizens, at best.

By the 1780’s there were approximately 40-50,000 Jews living in France. They had legal status to be there, but with extremely limited rights. They were basically restricted to the money-lending business. Things were changing in Europe, however, especially in France. The Enlightenment had taken hold, and there were finally some Christian voices that were calling for tolerance and acceptance of minorities.

The French Revolution of 1789, with its ideals of liberty, equality, and fraternity, introduced the notion that all residents of a nation could be considered citizens, regardless of their religious affiliation.

The change was sporadic and haphazard, as the chaos of the revolution proceeded and the Reign of Terror took hold, but the Jews of France recognized that something new was happening, and they were excited about the possibilities. Jewish communities helped fund the revolution, and Jewish soldiers joined the Army of the Republic in its battles against other European countries. Many Jews patriotically gave their lives for the sake of their French homeland.

When Napoleon came to power, he wanted to finally resolve the Jewish question. In 1806, he convened the Assembly of Jewish Notables, naming it the Grand Sanhedrin. Twelve questions were posed to it members, the answers to which would determine the future status of the Jews of France. Those questions included:

• May a Jewess marry a Christian, or [May] a Jew [marry] a Christian woman? or does Jewish law order that the Jews should only intermarry among themselves?

• In the eyes of Jews, are Frenchmen not of the Jewish religion considered as brethren or strangers?

• Do the Jews born in France, and treated by the law as French citizens, acknowledge France as their country? Are they bound to defend it? Are they bound to obey the laws and follow the directions of the civil code?

• What kind of police jurisdiction do the rabbis exercise over the Jews? What judicial power do they exercise over them?

The answers the Assembly gave essentially declared Jews to be French citizens first, and Jews second. Intermarriages would be considered binding. French Jews would consider non-Jews to be their brethren. Jews would consider France to be their fatherland, and would defend it when called upon, etc.

When asked if they wanted to be citizens, with all that it would entail, the Jews of France answered with a resounding “oui.”

In 1807, Napoleon added Judaism as an official religion of France. As his armies moved across Europe, Napoleon liberated Jewish communities of other lands from the ghettos to which they had been restricted.

Emancipation was not yet complete, however. In 1846, the Jews of France became fully equal when the French Supreme Court found the More Judaico, the Jewish oath, rooted in medieval antisemitism, to be unconstitutional. Legally, the Jews of France were now fully French, with rights equal to Catholics and Protestants.

The social reality, however, was quite different. Despite tremendous efforts by Jews to assimilate into French society, antisemitism was still widespread. At the end of the nineteenth century, a traditionalist faction of army officers concocted a plot to frame a young Jewish Captain named Alfred Dreyfus for treason. The subsequent trials were a major political scandal in France that lasted from 1894 – 1906 and that divided the country between the anticlerical, pro-republic Dreyfusards and the pro-army, mostly Catholic anti-Dreyfusards.

Theodore Herzl was a secular Jewish journalist who had grown up in antisemitic Austro-Hungary and moved to France due to what he perceived as its progressive, humanist values. He was a strong proponent of Jewish assimilation into European culture as the solution to the Jewish problem, which had become “an obsession for him.” (Dictionary of the Dreyfus affair, Nichol, p. 505.) Herzl’s coverage of the Dreyfus Affair in 1895, however, led him to conclude that Jews would never be accepted by the non-Jewish world. As much as Jews had given up to become citizens, they would never be seen as equals.

In his book, Der Judenstaat, Herzl writes:

If France – bastion of emancipation, progress and universal socialism – [can] get caught up in a maelstrom of antisemitism and let the Parisian crowd chant ‘Kill the Jews!’ Where can they be safe once again – if not in their own country? Assimilation does not solve the problem because the Gentile world will not allow it as the Dreyfus affair has so clearly demonstrated.

Herzl subsequently founded the First Zionist Congress in Basel, Switzerland, in 1897, creating Zionism as a political movement and laying the foundation for the reestablishment of a Jewish homeland in the land of Israel. If the Gentile world is incapable of accepting Jews as equals, Jews will have to establish a land of their own where they constitute a majority and are free to determine their own fate.

At the beginning of World War Two, there were 350,000 Jews living in France, a number of them having fled Germany in the 1930’s. During the Holocaust, one fifth of France’s Jewish population were murdered by the Nazis, often with the collaboration of French officials and citizens. There were also many enlightened French who saved Jews. France has the third highest number of people honored as Righteous Among the Nations among any country.

Between 1948 and 1967, France was a strong supporter of Israel, with close military ties. The Israeli nuclear reactor in Dimona was built with significant assistance from the French government in the 1950’s and 1960’s. Israeli Air Force pilots flew French fighter jets in the Six Day War in 1967.

By the end of the twentieth century, France’s population had among the most favorable attitudes towards Jews of any country in Europe.

The resurgence of anti-Semitism over the last fifteen years has come from a non-traditional source. While there are still antisemitic attitudes from those on the far right and the far left, the rise in anti-Jewish activity has been attributed mainly to increasing violence by people in the French Muslim community. Flare-ups have tended to occur especially when there is political tension in the Israeli-Palestinian conflict.

In addition to the terrorist attack on the Hypercacher grocery store, there have been other murders, acts of vandalism, attacks against synagogues and Jewish-owned businesses, anti-Jewish demonstrations and chants, and more.

That is why French Jews are increasingly nervous, why French emigration is up, and why real estate prices in Israel are soaring.

I am not French, but I doubt that we are going to see a mass Exodus of the entire Jewish community of France to Israel. I hope and pray that there is a thriving future for the Jews of France.

Like you, I am extremely concerned for our Jewish brothers and sisters who had to cancel Shabbat services at some synagogues last week and who require police and military presence at all of their institutions. I hope that this wake-up call to the French people will lead to action, will help them realize that the Jewish people are the proverbial canary in the coal mine, because the Prime Minister is correct when he says “France without Jews is not France.”

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Rabbi Josh Berkenwald

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January 11, 2015

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Divrei Torah (Weekly Sermons), Exodus (שמות)

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Shemot 5775 – Rebellion to Tyrants is Obedience to God

When I was in college, I had an opportunity to attend a talk by the the famous Israeli author and peacenik, Amos Oz. Something he said has stuck with me. “I have never once in my life seen a fanatic with a sense of humor, nor have I ever seen a person with a sense of humor become a fanatic, unless he or she has lost that sense of humor.”

The wisdom captured by this insight was on display in France this week. Islamic terrorists, upset about cartoons that insulted Muhammad attacked the offices of the French weekly magazine, Charlie Hebdo, murdering twelve people.

Ironically, it is the fanatic who is the funniest of all, and who most needs to be satirized. It is the fanatic who most urgently needs to understand the joke, but on whom the punchline is lost.

Charlie Hebdo is a rude, satirical magazine that is an equal-opportunity insulter. As Jews, we might get offended at how it depicts our coreligionists, but then again, when we consider that Christians and Muslims receive the same treatment, perhaps there is something going on here other than antisemitism.

As we gather together this morning to pray, to celebrate Shabbat, to be together, and in a little while, to eat, we cannot help but also reflect on the terrible events of this week in France. First, the murder of twelve souls at the offices of Charlie Hebdo. Then the shooting of a police officer. And right before Shabbat, the taking hostage and murder of Jewish shoppers in a kosher grocery store.

The sad thing is that we knew this was coming. The Editor of Charlie Hebdo even had a bodyguard, who was among the victims. The Muslim terrorists who committed these terrible acts received training by Al-Qaeda in Yemen and were heavily armed. It seems that there was really no stopping this tragedy from happening.

Consider other recent events around the world, including the beheading of Western journalists in Syria and Iraq, the killing of 132 schoolchildren in Pakistan, the murder of a Canadian soldier in Ottawa, the taking hostage of diners in a cafe in Australia – all were committed by Islamic terrorists in the name of their religion.

ISIS, Al Qaeda, Hamas, Hizbullah, Taliban, Boko Haram, and the list goes on. It is impossible to deny that we are facing a global epidemic of Islamic fundamentalists whose interpretation of religion compels them to fight anything to do with the West: democracy, women’s rights, freedom of the press, religious pluralism, the list goes on.

How is it possible that religious people could have such a perverse interpretation of what God wants from humanity? It is mind-boggling. Comical even. ISIS would make a fantastic comic book villain if it was not real.

How does religion become totalitarian? This phenomenon is so antithetical to how our Jewish tradition would have us see the world.

This morning, we begin reading the Book of Exodus. Parashat Shemot introduces us to the major characters in this drama: the Israelites, Pharaoh, Moses, Aaron, Miriam, and of course, God.

The English title of the book captures what we usually think of as its major theme: Exodus. In Hebrew, we refer to this event as Yetziat Mitzrayim, the leaving of Egypt. This is our formative story as a people. It is a story which is embedded into our consciousness individually and collectively. We were once slaves. God saved us with an outstretched arm. Now we are free, and we are in a covenantal relationship with God that, among other things, requires us to care for the downtrodden. We know this story well. We tell it in our daily prayers. We reexperience it every year during Passover.

It is not only our story. Martin Luther King, Jr. used the story of the Exodus as a biblical paradigm BFranklinSeal in the Civil Rights movement. Abraham Lincoln turned to the Exodus for inspiration in the fight to end slavery. Benjamin Franklin wanted the seal of the United States to depict the Israelites safely on the far side of the Sea of Reeds while the Egyptian army drowns in its depths. The motto surrounding the seal would have read: “Rebellion to tyrants is obedience to God.”

That is the other message of the Book of Exodus. Pharaoh is a tyrant. He is a fanatic. He has no sense of humor. Just as God brings the Israelites into freedom to convey a universal concern for human freedom, God also set out to overthrow Pharaoh as a sign to the world that despotism is never to be tolerated.

God’s problem with Pharaoh is not that he is an idolater. In fact, the Torah is ambivalent with regard to other nations’ religious beliefs and practices. The Jewish people are never commanded to rid the world of idolatry or to force the rest of humanity to worship God.

Pharaoh’s sin is that he, a human, claims to be divine. And further, he allows for no possibility of anything else.

At the beginning of Exodus, Pharaoh looks at his kingdom, sees the Israelites, and notices that they are different. He cultivates a sense of fear among the Egyptian people, convincing them that the Israelites pose a threat to Egypt. The regime of slavery begins, but Pharaoh’s paranoia only gets worse. Still fearful of a rebellion, he orders the execution of all male Israelite children.

The Torah, in its wisdom, is articulating the steps of how a totalitarian dictator consolidates power by demonizing foreign elements. It is setting the stage for God’s overthrow of a tyrant.

When Moses first comes to Pharaoh as God’s Prophet, he does not ask for freedom from slavery. He asks only for a three day break so that the Israelites can go out into the wilderness and worship God. Three days. Pharaoh cannot tolerate even that.

What is he so worried about – three days of lost work? No. Pharaoh cannot accept that these lowly people refuse to acknowledge him as divine. The worship of God is a threat to Pharaoh. How does he respond – by increasing the workload.

This guy takes himself way too seriously. Pharaoh has no sense of humor, no capacity to see things from another’s perspective. He is so stubbornly fanatic that he brings his entire nation down to hell rather than give up an inch.

God has two objectives in Exodus. One is to free the Israelites. The other is to demonstrate to Pharaoh, the Egyptians, and the other nations of the world, that Pharaoh is Pharaoh and God is God. God clearly is on the side against totalitarianism.

The Book of Exodus is about the preciousness of freedom and the evils of arrogance.

This is a message that is sorely needed today.

What we are facing today is not a war between Islam and the West. What we are facing is a totalitarian fundamentalism rooted in the Islamic religion that seeks nothing less than total domination.

To be clear, Islam is not inherently violent. There are plenty of peaceful, tolerant Muslims. But let’s not be naive and pretend that the numerous terrorist attacks all over the world committed by Muslims in the name of their faith are not part of a broader trend.

Islamic fundamentalist groups are fighting to create societies that are governed by Sharia courts. Infidels must convert, die, or in some cases live as second-class citizens. Moderate Muslims must convert to this extreme brand of Islam. It is why so much of the killing in recent years has targeted other Muslims. If this was really about a war between East and West, why is there so much Muslim on Muslim killing?

There may not be anything that we can do to change the minds of those who have already committed to Islamic fanaticism. Force may indeed be the only way to defend ourselves from people without a sense of humor. In the Book of Exodus, Pharaoh is not capable of teshuvah. The only outcome for this tyrant is total defeat.

But a ray of light emerged last week from a more contemporary Egyptian leader. Egypt’s President, Abdel Fattah al-Sisi, delivered a speech at Cairo’s al-Azhar University on January 1, which on the Muslim calendar this year coincided with the birthday of Muhammad. In the audience sat leading Egyptian Muslim clerics, as well as the Minister of Religious Appropriations. President Al-Sisi made forceful, honest comments about Islam that are the kind of words that could get him killed. Here is an excerpt from his speech:

It’s inconceivable that the thinking that we hold most sacred should cause the entire umma [Islamic world] to be a source of anxiety, danger, killing and destruction for the rest of the world. Impossible!

That thinking—I am not saying “religion” but “thinking”—that corpus of texts and ideas that we have sacralized over the centuries, to the point that departing from them has become almost impossible, is antagonizing the entire world. It’s antagonizing the entire world!

Is it possible that 1.6 billion people [Muslims] should want to kill the rest of the world’s inhabitants—that is 7 billion—so that they themselves may live? Impossible!

I am saying these words here at Al Azhar, before this assembly of scholars and ulema—Allah Almighty be witness to your truth on Judgment Day concerning that which I’m talking about now.

All this that I am telling you, you cannot feel it if you remain trapped within this mindset. You need to step outside of yourselves to be able to observe it and reflect on it from a more enlightened perspective.

I say and repeat again that we are in need of a religious revolution. You, imams, are responsible before Allah. The entire world, I say it again, the entire world is waiting for your next move… because this umma is being torn, it is being destroyed, it is being lost—and it is being lost by our own hands.

Notice a few things. Al-Sisi specifies that it is not the Islamic religion itself that is so violent, but it is the way that it has been interpreted over the centuries that has caused so much destruction.

I agree. Our Jewish texts have some brutal passages that, if taken literally, would make us fanatics as well. But we have a more than two thousand year old interpretive tradition that has found ways to address those difficult passages. Al-Sisi is calling for Islam to develop similar interpretive traditions.

Also, he does not claim that “Islam is a religion of peace,” nor does he state that the terrorists are not really Muslims. Al-Sisi does not blame the West, or point his finger at colonialism. He takes responsibility as a Muslim.

He calls for a change in the way that Islam is understood and practiced, and he acknowledges that it will not be easy. Islam has been interpreted in fundamentalist, triumphalist ways for so long that those modes of thinking have become fully embedded.

But it does not have to continue that way. Islam, he argues, is “in need of a religious revolution” that comes from within. Who has to lead it? Al-Sisi places responsibility where it belongs – on the Imams seated before him. It is they who must take the lead on changing Islamic thinking about its role in the world.

Until that happens on a widespread and sustained global level, I fear, the clash between tyranny and freedom that our world is experiencing will continue, and this week’s events will be repeated somewhere else, sometime soon.

On this Shabbat, our prayers extend to the families and communities who lost loved ones this week. We pray that more people in the world will embrace the core lessons of Exodus: that freedom is precious, and that tyranny is intolerable. We pray for all those around the world who risk their lives to protect innocent people from terror. And we pray for strength and offer solidarity to our Muslim brothers and sisters who are courageously raising their voices and calling for change from within.

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Rabbi Josh Berkenwald

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December 28, 2014

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Divrei Torah (Weekly Sermons), Genesis (בראשית)

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Why Doesn’t Christmas Violate the Separation of Church and State? – Vayiggash 5775

I hope everyone had a wonderful time on the national holiday of the Twenty-Fifth of December. I sure did. It’s one of my favorite days of the year. The shul is closed. The streets are empty. No responsibilities. I get to sleep in. We usually go on a family hike. This year, it was a beautiful crisp, sunny day.

Growing up, I was always pretty sensitive this time of year. When I was in first grade attending public school in Atlanta, our music teacher had us singing gospel songs that were certainly of a religious nature. I told my parents, and my dad was on the phone with the principal that night. The next day in music class, the gospel songs were gone, and a token Chanukah song had been added to our repertoire. So yes, I was the Jewish kid who destroyed Christmas.

I think this was a pretty common experience for Jewish kids growing up in a largely Christian society.

We are fortunate to live in a time when there is a great deal more sensitivity to these kinds of issues, and in a part of the country that is especially diverse.

But the dominance of Christmas is still inescapable. How is it possible that in a country like the United States, which prides itself on having a separation between church and state, one of our national holidays can be Christmas?

Let’s take a look at the First Amendment. It begins: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

The separation of church and state is understood to have two clauses. The first is the anti-establishment clause, which is summarized quite well by Justice Hugo Black, writing for the majority in the 1947 decision in Everson v. Board of Education.

The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another … in the words of Jefferson, the [First Amendment] clause against establishment of religion by law was intended to erect ‘a wall of separation between church and State’ … That wall must be kept high and impregnable. We could not approve the slightest breach.

Simply put, the government cannot establish or favor any particular religion, or even religion in general.

The other aspect of the First Amendment is known as the free exercise clause. The government is not allowed to curtail the beliefs of any individual or group, nor can it restrict a person’s religious actions unless those actions are “subversive of good order.”

How is it possible that Christmas could be a federal holiday? Is not this a violation of the anti-establishment clause of the First Amendment?

Probably not. But maybe.

When did Christmas become a national holiday?

In 1870, President Ulysses S. Grant signed into law a bill passed by Congress creating the first federal holidays in the United States. Most of the states had already established state holidays, but this was a first for the national government. Initially, it only applied to employees of the federal government in Washington, D. C. Several years later, it was expanded to include all federal employees. There were five days. The bill’s title was:

An Act making the first Day of January, the twenty-fifth Day of December, the fourth Day of July, and Thanksgiving Day, Holidays, within the District of Columbia.

It went like this:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the following days, to wit: The first day of January, commonly called New Year’s day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas Day, and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the District of Columbia…

Notice a couple of things. First, the title of the bill does not mention the word “Christmas.” It says “the twenty-fifth day of December.” The bill itself also uses that expression, adding, almost as a sidebar, that the day is “commonly called Christmas Day.”

In 1870, just five years after the end of the Civil War, there were still deep divisions between the North and the South. Northerners tended to get really excited about Thanksgiving, while Southerners made a big deal about Christmas. One impetus behind the federal holidays bill was to create national unity.

As you can imagine, there have been cases brought to the courts, usually regarding Christmas displays on public property. The courts have basically drawn a line between what they see as secular symbols and what they define as religious symbols. For example, a nativity scene in which an angel is holding a banner with “Glory to God in the Highest” written in Latin was seen as religious. Images like Santa Claus, reindeer, a Christmas tree, or a menorah, for that matter, are typically seen as secular. In a court case involving Jersey City’s public holiday display, the presence of symbols from different traditions like a Christmas tree, Kwanza symbols, a Menorah, Frosty the Snowman, and a sign expressing the city’s intention to “celebrate the diverse cultural and ethnic heritages of its people” was accepted by the 3rd Circuit in 1999. As long as minority traditions are also included with the majority, the courts tend to permit it.

As a people, we have had to deal with being a minority in the midst of a dominant culture for most of our existence.

In this morning’s Torah portion, Vayiggash, Joseph is finally reunited with his family. He invites them to join him in Egypt, where they will thrive under his protection and favored status, but it is clear from the beginning that they do not in. Joseph instructs his brothers to tell Pharaoh that they are breeders of livestock, because that is a profession which is abhorrent to Egyptians. By telling this to Pharaoh, Joseph’s family receives rights to settle in the fertile land of Goshen, and to receive a special commission to care for the royal flocks.

On their way down, God appears to Jacob with a message of assurance: “Fear not to go down to Egypt, for I will make you there into a great nation. I Myself will go down with you to Egypt and I Myself will also bring you back…” The commentator Ha-emek Davar explains that God is reassuring Jacob that his descendants will not forget who they are. They will maintain their distinctiveness first as a family, and eventually as a nation.

Initially at least, we see tolerance on the part of Pharaoh and the Egyptians. They permit this tribe, with its strange customs, to live in Egyptian society, and to maintain their cultural and religious practices. In next week’s Torah portion, when Jacob dies, the Egyptian dignitaries participate with Joseph and his brothers in the mourning rituals as they bring their father’s body back to the ancestral burial site in the Land of Canaan.

Unfortunately, this tolerance does not last, and a new Pharaoh arises who does not know Joseph, and who does not share his predecessor’s generosity and open-mindedness. So we understand well how important it is to protect the religious freedoms of others.

I have always felt that, as a Jew, I had a greater awareness of the experiences of minorities than those who were in the dominant culture. Being a minority prepares us to better respect religious diversity.

But what if Jews were in the majority? How would we deal with issues of religious freedom then?

In 1948, Israel was established as the nation state of the Jewish people. The Declaration of Independence, issued shortly after the United Nations Partition Plan passed, “declare[d] the establishment of a Jewish State in Eretz-Yisrael, to be known as the State of Israel.”

It went on to declare certain freedoms which should sound familiar to us: “…it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture…”

So how can Israel, on the one hand, be “the Jewish State” while also ensuring equality and freedom for all, irrespective of religion?

To be fair, many, if not most of the world’s democracies have official state religions, or offer certain favorable status to one particular religion while still protecting religious freedom. It is the United States which is unusual in not favoring any particular religion.

In building a new nation in 1948, Israel’s founders had some important decisions to make. Most of them were fiercely secular Jews, yet they looked to Jewish history, traditions, and customs to determine some of the core aspects of the State.

One basic question they had to address was: when is the weekend?

In the U.S., the weekend was originally just Sunday. The two day weekend developed over the course of the twentieth century. Would Israel follow the example of the rest of the Western world and go with Sunday, or would it copy its Muslim neighbors and choose Friday?

Of course, you know the answer. Shabbat has been the weekend of the Jewish people for thousands of years, not just in religious terms, but in national terms.

What about holidays?

Again, Israel’s founders looked to Jewish tradition and established the Yamim Tovim, the holidays on which work is religiously forbidden, as national holidays.

In the Ordinances of Law and Government, Section 18a, subsection 1, paragraph a, it states:

Shabbat and the Jewish holidays—the two days of Rosh HaShana, Yom Kippur, the first day of Succot and Shmini Atzeret, the first and seventh days of Passover and the holiday of Shavuot—are the fixed days of rest for the State of Israel.

What about non-Jews? Israel’s founders were emphatic about ensuring equality and the right to freely practice religion. This brings us to paragraph b.

For those who are not Jewish there is reserved the right to observe their days of rest in accordance with their Sabbath and holidays. These holidays will be set in accordance with each community by the government and published in the public records.

To summarize, the law states the following in subsection 2:

The laws of work hours and rest of 1951, which apply to weekly periods of rest, will apply:

a. To Jews—on their holidays

b. To non-Jews—on the Jewish holidays or on the holidays of their community, whatever is acceptable to them.

In other words, if you are Christian, you can take your weekend on Sunday, and celebrate all the Christian holidays when they occur. If you are Muslim, you can take your weekend on Friday, and celebrate all the Muslim holidays when they occur. And those are not considered to be vacation days, but rather national holidays.

While it can get kind of complicated in the workplace, and I imagine that it is a nightmare for Human Resources departments, this is practiced and taken very seriously in Israel to this day. Every religion gets its own weekends and national holidays.

We had a taste of something like this when we lived in New York. Ostensibly to keep the streets clean in the five boroughs, but really to discourage car ownership, the city imposes alternate side of the street parking rules. Pretty much every day of the work week, car owners have to get in their cars and move them to the opposite side of the street to make room for the street cleaners. Failure to do so results in a fairly hefty ticket.

But what if you are an observant Jew (and there are a few of those in New York) and it is Rosh Hashanah, when it is forbidden to drive a car? To deal with that situation, there are holiday suspensions of the alternate side parking restrictions.

“Wait,” you say. Isn’t that a violation of the anti-establishment clause of the First Amendment?

Not if you make the holiday suspensions available to everyone. Here are just a few examples of holidays on which alternate side parking restrictions are suspended: Yom Kippur, both days of Shavuot, Purim (driving is technically allowed, but you can probably guess why the city doesn’t want Jews getting in their cars on Purim), Good Friday, Holy Thursday, Ash Wednesday, the Feast of the Immaculate Conception, Eid al-Fitr, Eid al-Adha, Diwali, and the newest entry in the list, the Asian Lunar New Year.

So I guess having a national holiday on the 25th of December does not bother me as much as it once did. I can accept that for many Americans, as well as the U.S. courts, it is seen as a secular holiday.

So to all of us, Happy National Holiday of the 1st of January, coming up in just a few days.

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Rabbi Josh Berkenwald

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December 21, 2014

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Divrei Torah (Weekly Sermons), Genesis (בראשית)

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Black Lives Matter Because All Lives Matter – Miketz 5775

Recent months have seen the tragic killings by police of young African-American men: Michael Brown in Ferguson, and Eric Garner in Staten Island. The decision by Grand Juries to not indict the police officers in these cases has sparked a massive public response in our country. The expression “Black lives matter,” which first came to represent this movement after Trayvon Martin’s killer was acquitted, has been reawakened.

More recent shootings by police of African Americans Akai Gurley in Brooklyn, twelve year old Tamir Rice in Cleveland, and John Crawford III in Dayton have further exacerbated civil unrest around the country.

Discussions taking place in many communities about whether police officers should be required to wear body cameras reveals the degree of distrust that exists in our society. How sad that many feel the need to constantly watch those who are entrusted to keep us safe. How frustrating it must be for police officers, who dedicate their lives to protecting people and put themselves in harm’s way every day.

This is not a problem with the police. This is a pervasive issue across all levels of society that happened to have been sparked by the recent shootings and Grand Jury decisions. Nobody wants to not trust the police. What will it take to achieve reconciliation? This is what the Black Lives Matter movement is addressing.

This is a difficult topic for me to discuss in the format of a sermon for a few reasons:

1. I am not African American

2. I am not a police officer.

3. People in this room have vastly different opinions about this topic.

But it is undeniable that we have an issue in our country and our society. That thousands upon thousands of people of all races and backgrounds have been taking to the streets for months is a pretty good indication of that.

As a Rabbi and as the spiritual leader of this community, I struggle deeply with how to address a topic like racial inequality. I have my personal feelings, but those are just one man’s opinions.

My job is not to tell you things that you already know or take positions that you agree with. My job is also not to tell you that you are wrong.

I am not here to make statements that you could read in an Op/Ed column in the newspaper.

I am a Rabbi, and my job is to teach Torah. And hopefully, to teach Torah in a way that challenges all of us to look at ourselves, our experiences, and our values from a new perspective, regardless of where we happen to stand on the religious, political, or socioeconomic spectrum.

As you can imagine, this is a fine line to skirt, but I deeply appreciate those who offer their gentle critiques when I teach something with which they disagree. I learn from being challenged and I welcome it.

It is significant that the protests and anger have not been only by the black community. We have seen protesters from people of all racial backgrounds, including some who work in law enforcement, expressing their outrage at what they see as entrenched racism in American society.

Many people in the Jewish community have been heavily involved in this movement, marching in protests, signing on to statements of solidarity, and being arrested. There has also been a push to incorporate the message of Black Lives Matter into Chanukah observances, and thousands of Jews have responded, including special readings and activities in their nightly Menorah lightings.

We cannot deny that a large portion of the American Jewish community is deeply concerned about issues involving systemic racial inequality in our society and the distrust that exists between police and civilians.

What is motivating Jews to protest? What in our Jewish tradition has compelled so many of our brothers and sisters to get involved in this cause, and to do so explicitly as Jews?

The Torah’s expression of the golden rule appears in Leviticus, chapter 19. V’ahavta L’re-acha kamocha. Ani Adonai. “Love your neighbor as yourself. I am the Lord.” (Lev. 19:18) What does the Torah mean by “neighbor” in this verse? Is it a universal statement of how we ought to treat every human being, or is it a particular statement, to be understood as only how we treat our fellow Jews. I suspect that, despite how it is often used in contemporary times, the Torah’s original intention was the latter. It is about how we treat people who are part of our own community.

But this reading does not undermine the universal message, because it does not end there. Just sixteen verses later, in the same chapter, we read “The stranger who resides with you shall be to you as one of your citizens…” And then the Torah uses familiar language: V’ahavta lo kamocha. “You shall love him as yourself, for you were strangers in the land of Egypt…” And then it ends exactly the same, invoking God’s name to underscore the point: Ani Adonai. “I the Lord am your God.” (Lev. 19:34)

These two verses need to be read together. Not only does the Torah challenge us to treat people from our own communities as we would have ourselves be treated, it tells us that we have have to do the same thing for the stranger.

Then, a few chapters later, the Israelites who are on their way to the Promised Land where they are going to build a society, are warned that all residents must be treated equally under the law. “One law shall there be for you, for stranger and citizen alike shall it be, for I the Lord am your God.” (Lev. 24:22)

There are some core Jewish values here. We are asked to treat members of our communities, and people outside of our communities as we would want to be treated. All residents of a land must be treated equally under law. These are Jewish values.

There is one more Jewish value that was mentioned. The Torah commands us, over and over again, that we must care for the least powerful members of our society because we know what it was like to be in their position. The memory of having been slaves in Egypt obligates us to not stand idly by while others are suffering among us.

Thankfully, the vast majority of Jews in the world today, with the notable exception of many living in Europe, have basically reached a point of full acceptance in society. But one does not have to go back very far in our national past to find a time when this was not the case: when Jews were demonized, accused of being inferior, kept out of positions of authority, and denied permission to live in certain areas or enter certain professions. This has been true at various times in pretty much all of Europe, the Muslim world, and even in the United States.

We know what it is like to be denied opportunities, to have the authorities treat us differently, and to have those charged with protecting citizens turn their backs on us. At least, we should know what it is like, because it is undeniably our history.

When we were the victims of persecution, we cried out, and nobody came to our aid. Now that the roles are reversed, are we really going to be silent?

The Torah’s message of remembering the Exodus from Egypt forbids us from being indifferent.

We cannot claim to be the victims of persecution and discrimination for thousands of years, and then do nothing when our neighbors suffer a similar fate, when we have the power to do something about it.

That is why so many Jews in America have gotten involved.

The motto of this movement, “Black lives matter,” is a fitting expression. Black lives matter because every life matters.

Unless you are African- American, you cannot know what it is like to be black in this country. So when significant majorities of African Americans report feeling discriminated against when it comes to their treatment by law enforcement officials, acccess to educational opportunities, and ability to compete in the jobs markets, it is not ok for someone who is not black to deny that experience.

It is the equivalent of someone who is not Jewish denying our own historical claims to being the victims of persecution and hatred. Who are you to tell me that how I see myself is wrong?

And then there are the facts. The United States has the highest incarceration rate in the world, with nearly 1% of our population currently behind bars. This is true both in absolute terms, as well as in per capita terms.

Of those prisoners, in 2009, 39.4% were non-Hispanic blacks, even though they comprise only 13.6% of the national population.

Now there are a lot of factors that might explain why people of color are so much more likely to be incarcerated, but I think we can agree that there are systemic problems that need to be addressed if those disparities are going to be reduced. There is tremendous distrust between communities of color and those whom we entrust to keep the peace.

I don’t think anyone wants a continuation of the status quo. We have to find a way to change it, restore trust, and create better opportunities for communities that have experienced generations of poverty and discrimination to finally break the cycle.

So what can we do about it? First of all, peaceful protest has been an incredibly effective method of raising awareness.

Perhaps we can find wisdom from the reconciliation of Joseph and his brothers. This morning’s Torah portion, Parashat Miketz, opens with a famine. Jacob sends his sons down to Egypt, where careful planning has resulted in food to spare. The brothers arrive, and are taken to appear before the Vizier, who happens to be their brother Joseph, whom they had sold into slavery many years earlier.

When Joseph sees them, he recognizes them immediately, but they do not recognize him. Think of how psychologically difficult this must have been for Joseph. His brothers had nearly murdered him, instead sending him into exile as a slave. Now, when Joseph has the power to do whatever he wants, what does he do?

Maybe we should first consider what he does not do. Joseph does not immediately reveal himself and tell his brothers that all is forgiven, nor does he have them executed on the spot or arrested. Instead, Joseph pretends to be cold and cruel, accusing them of espionage. He eventually sends them home with grain, but he secretly has their money put back inside their bags as if they had stolen it.

All of this is a ruse on Joseph’s part to determine whether his brothers have changed. He knows that for real healing to occur, they must confront their past openly and honestly.

In the course of their interactions, the brothers express regret for what they did to Joseph many years earlier. They indicate their concern for their father’s well-being, and their try to protect Joseph’s younger brother Benjamin, who is now their father’s favorite.

At each expression of remorse and brotherliness, Joseph is overcome with emotion and is forced to turn away so that he can weep without revealing his identity. When he is finally convinced of his brothers’ sincerity in next week’s parashah, Joseph knows that the cycle of hatred and distrust has broken, and that the time has come when he can safely reveal his identity and reunite with his family.

This is a story of a family that is plagued by a history of discrimination that manages somehow to reconcile. To break the cycle of hatred, each side needs an opportunity to move forward. Despite all of his power, Joseph is incapable of wiping away his brothers’ guilt. Only they can do teshuvah. Similarly, Joseph begins this story as a spoiled brat, bragging of his superiority and ratting out his older brothers. He also needs time to mature.

We face a similar situation today.

The problems of racial distrust in our country today go back many generations. We have made great progress, but it seems clear, both from the statistics as well as from the real life experiences of black individuals, that we have a ways to go.

Our communities tend to be separated rather significantly along socioeconomic lines, which in many cases are also racial line. This means that we tend to interact mainly with people with whom we have a lot in common. Our society, however, involves a great deal more diversity than most of our daily experiences would indicate.

As Jews, we must consider how our own experience of persecution sensitizes us to the plight of our neighbors when they experience persecution.

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Rabbi Josh Berkenwald

Posted on

December 16, 2014

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Divrei Torah (Weekly Sermons), Genesis (בראשית)

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Torture vs. “Enhanced Interrogation” in Judaism – Vayeshev 5775

Like just about everything that takes place in Congress, Senate’s Report on Torture by the CIA that was released this week is probably partisan – at least that is what everyone who does not like it seems to be saying. It was put out by a Democratic-controlled committee on its way out of power about events that took place under policies of the previous, Republican administration.

Just consider if the roles were reversed: What if it was a report by a Republican controlled committee about policies from a prior Democratic administration? We would likely be hearing the same voices that are currently crying fair or foul on opposite sides.

Keep in mind that this does not mean that information in the report is not accurate. Just because a person has a bias does not make that person wrong. So how are we to know what to think?

Unfortunately, much, most, or perhaps even all of what we think we know about torture comes from television and movies. Jack Bauer employs torture to great success in every season of “24.” The movie Zero Dark Thirty suggests that the location of Osama Bin Laden was made possible through “enhanced interrogation techniques.” If you have seen the movie, I am not sure that you could call what it shows on screen anything but torture. Most James Bond movies involve some sort of torture scene – although 007 is usually able to keep his secrets.. And the list goes on.

We also hear politicians and talking heads disagreeing vociferously on the subject. Those who oppose it call it torture and say that it does not produce any actionable intelligence. Those who support it call it “enhanced interrogation techniques” and claim that it saves lives.

I personally do not know whether torture works. I doubt that there is anybody in this room who does. If we are honest with ourselves, we ought to admit that our opinions on the matter are influenced more by our our underlying political leanings and our consumption of entertainment than by personal experience or our familiarity with the facts.

This is a real problem.

In a democracy, we the citizens are responsible for the actions of our government. If the U.S. government is for the people, by the people, then we are complicit in what the CIA does, and we have a moral obligation to acknowledge this, and potentially to do something about it.

So how do we really feel about torture, and what are willing to have our government do in our names?

Let’s get past the political, partisan posturing. Let’s try to set aside what we think we know from television and movies.

Let us try to clarify some of the issues around torture so that we can better understand what our values truly are. Let us consider also how our Jewish tradition informs these issues in a way that enables us to take a more sophisticated and informed position.

The first question must be: what constitutes torture?

In this morning’s Torah portion, Vayeshev, the sibling rivalry between Joseph and his brothers spirals out of control. As we heard earlier, the brothers’ hatred becomes so pitched that they decide to kill him. Before they commit fratricide, they throw their annoying little brother into a pit. This is how the Torah describes it:

…they stripped Joseph of his tunic, the ornamented tunic that he was wearing, and took him and cast him into the pit. The pit was empty; there was no water in it. Then they sat down to a meal. (Genesis 37:23-25)

The medieval commentator Rashi cites a midrash that explains that not only did the pit not have any water, it was filled with snakes and scorpions.

What have they done to him? The brothers have humiliated Joseph by stripping off his coat. They have deprived him of food and water, highlighted by the Torah’s juxtaposition of the parched pit with the brothers’ picnic. And according to the midrash, they have terrorized him by putting him in with poisonous animals.

In this case, the brothers are not trying to get any intelligence out of Joseph. It is straightforward revenge. They are getting back at him because they feel he has wronged them.

But perhaps we need a more specific definition. According to a summary of Article 1 of the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment “torture is the intentional infliction of severe mental or physical pain or suffering by or with the consent of the state authorities for a specific purpose.”

I am not going to read the entire list of tactics that the Senate report contains, because some of it is pretty disturbing. But it does include things like keeping prisoners awake for 180 hours consecutively, waterboarding, threatening to harm family members, keeping prisdoners in total darkness for extended periods of time, exposure to extreme cold, withholding of medical care, and so on. “Enhanced Interrogation Techniques” or “Torture?” Do we rally need to argue about terminology? Does the name matter?

The second question is a critical one. Are there some circumstances in which torture could be permitted?

We might say, on the one hand, that torture in any circumstance is wrong and should be avoided. While the Constitution protects American citizens on American soil from cruel and unusual punishment, this is really a universal moral value that applies equally to all human beings everywhere.

On the other hand, what about the “ticking time bomb” scenario. A bomb is set to go off somewhere in the city, and we have a person in custody who knows where it is and how to disarm it. Many, if not most of us would agree that torturing that person would be acceptable if it would produce information that could potentially save hundreds of lives.

This is the fundamental question: Am I categorically opposed to torture, in which case there is no need for further discussion, or am I willing to consider the possibility that torture might be justified in certain circumstances?

Jewish law does not address this question directly, but it does deal with a related issue. According to Jewish law, self-incrimination is not permitted. Under no circumstances may a person’s own testimony be used against that person. The mid-twentieth century Rabbi and Professor Saul Lieberman, possibly the greatest Talmudist in history, taught that “the purpose of the rule [banning self-incrimination] was to eliminate the possibility of forced confessions and testimony motivated by fear…[Early Jewish law] insisted on a strict standard for the admission of evidence and eliminated the possibility of torture to compel confessions at a time when torture and other cruel practices prevailed in the Roman court.” (Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work, Jewish Theological Seminary Press, 2005, pp. 209-210.)

In other words, there was concern that a person would falsely confess after being tortured. So to prevent this from happening, confessions were ruled to be inadmissible. A conviction in Jewish law requires testimony from two valid witnesses.

Similarly, the Fifth Amendment to the U. S. Constitution grants citizens the right to not self-incriminate. This is not as strict a standard as Jewish law, mind you. We are all experts on the Fifth Amendment, by the way. Whenever the cops on a television police drama arrest a suspect, they have to read him his Miranda rights, “You have the right to remain silent. You have the right to an attorney…”

That requirement came about as the result of a 1966 Supreme Court case, Miranda v. Arizona. In it, Chief Justice Earl Warren traces the origin of the principle of non self-incrimination. “We sometimes forget how long it has taken to establish the privilege against self-incrimination, the sources from which it came and the fervor with which it was defended. Its roots go back into ancient times.” In his footnote, Chief Justice Warren cites Maimonides’ thirteenth century law code, the Mishneh Torah.

Another Supreme Court decision (Garrity v. New Jersey, 385 U.S. 493 (1967)) issued one year later elaborates on the principle.

…the Constitutional ruling on self-incrimination concerns only forced confessions, and its restricted character is a result of its historical evolution as a civilized protest against the use of torture in extorting confessions. The Halakhic ruling, however, is much broader and discards confessions in toto, and this because of its psychological insight and its concern for saving man from his own destructive inclinations.

Of course, this concern with self-incrimination and torture is only in the context of confessing one’s own guilt. What if the purpose is not to determine guilt, but rather to gain information that would save lives?

The Jewish concept of din rodef, the law of the pursuer, teaches that if a person is being pursued by another with the intent to kill, that person is permitted to use physical means to protect him or herself. Din rode also stipulates that one may use force to prevent the pursuer from harming another person. This opens up the possibility that torture could be used if it will result in saving lives from an imminent attack.

This leads to our second question. How effective does torture need to be? What percent of the time must torture yield helpful information? How many innocent people are we willing to torture to find the ones with actionable intelligence?

The problem with this question is that there is no way of knowing whether torture will be successful until after it has taken place. To make an ethically informed decision, we still have to have an idea about success rates, and we have to be prepared for the possibility that it may not produce results.

This needs numbers. If you knew that 50% of the time, torture would yield important information, and 50% of the time a tortured person would not provide any useful information, would you condone it? What if it was 20% of the time? 10%? 1%? We have got to draw the line somewhere.

What about the type of intelligence? There is a difference between information that leads to stopping an impending terror threat and information about the location of training camps. How many lives must be saved to justify torture?

Finally, we know that our justice system makes mistakes. How many innocent people are we willing to torture to get to the ones who have information?

Of the 119 tortured prisoners described in this week’s Senate report, twenty six of them are considered to have been wrongfully detained, in other words, altogether innocent. That is 22%. Is that a tolerable percentage?

We come from a religious and ethical tradition in which Abraham, our forefather, challenges God about God’s plan to destroy the cities of Sodom and Gomorrah because of their wickedness. Certain that there must be some righteous people in those societies, Abraham boldly asks: “Shall the judge of all the earth not perform justice?” He then argues that a small fraction of innocent people ought to save the lives of a thoroughly wicked populace.

The question of torture is almost the opposite of Abraham’s. How many possibly guilty people are we prepared to torture to possibly save the lives of innocents? That is what this comes down to.

Ours is a tradition that has at its core a respect for the dignity of every human being. All humans are made in the image of God.

We have explored several questions this morning that I hope will help us get past the politics, and past the television shows to the fundamental questions about what we are willing to have our government do in our names.

It is essential for us, as citizens of our country, and as Jews who have inherited a strong ethical tradition, to face difficult issues like the use of torture in the fight against terror with open eyes and with honesty.

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Rabbi Josh Berkenwald

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December 7, 2014

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Dinah, The Yatzanit – Vayishlach 5775

There is a current trend in Hollywood of making epic movies based on stories from the Torah. Earlier this year, we saw the release of Noah, by Darren Aronofsky. Ridley Scott’s Exodus: Gods and Kings opens next weekend. This Sunday night is the premier on Lifetime of a mini-series adaptation of Anita Diamant’s biblical-historical novel, The Red Tent. I can only assume that it has been timed for release with this morning’s Torah portion, Vayishlach, in which we read the story of the book and mini-series’ central character, Dinah.

I saw the trailer for the miniseries. It is what I would have expected: stunning desert scenes, dramatic music, beautiful actors, violence, and quite a bit of skin. According to the journalist Debra Nussbaum Cohen, “the miniseries provides Lifetime’s heavily female audience with gauzy love scenes that verge on soft porn.”

When the novel, The Red Tent, was first published in 1997, it had no advertising budget and did not attract much attention. Anita Diamant, however, wisely hit the synagogue lecture circuit, and by 2001, it had become a New York Times bestseller. It has since sold over 3 million copies.

It also pioneered a literary trend of Jewish female-centered novels set in times in which women’s voices have rarely been recorded. Maggie Anton wrote her Rashi’s daughters trilogy, and is now two thirds of the way through her Rav Hisda’s daughters trilogy, for example.

Anita Diamant was prompted to write The Red Tent by Dinah’s total silence in the biblical text. Dinah does not get a single word in the thirty one verses that describe her ordeal.

Many readers have described The Red Tent as a modern midrash, an effort to fill in the gaps and thereby describe what happened then in a way that also connects with our view of the world today.

Interestingly, the author disagrees. She writes the following:

The Red Tent is not a translation but a work of fiction. Its perspective and focus—by and about the female characters—distinguishes it from the biblical account, in which women are usually peripheral and often totally silent. By giving Dinah a voice and by providing texture and content to the sketchy biblical descriptions, my book is a radical departure from the historical text.

Simply put, The Red Tent is a novel based on a biblical story. But for the millions of people who have read it, especially Jewish women, it has been a powerful and religiously meaningful suggestion of what life might have been like for the women who lived in our Patriarchs’ households.

The Red Tent makes significant, and intentional, departures from the text. It describes what the Torah depicts as Shechem’s rape of Dinah instead as a consensual, loving marriage that Dinah freely enters. It presents the women of Jacob’s household as idol-worshipping pagans. And of course, it gives Dinah voice and volition, both of which are absent in the text itself.

The language in chapter 34 is extremely deliberate. Let’s focus on some of the verbs. Dinah is the subject of exactly one verb in the entire story. Ironically, her verb is the opening word of the chapter. Vatetze Dinah. “And Dinah, Leah’s daughter,whom she had borne to Jacob, went out to go seeing among the daughters of the land.” (Genesis 34:1, Translation by Robert Alter)

For all other verbs in this story, Dinah is an object to be seen, taken, slept with, abused, defiled, and given away.

The medieval commentator Rashi records a midrash (Genesis Rabbah 80:1) that asks why Dinah is described as Leah’s daughter rather than Jacob’s daughter. It is because her “going out” is similar to something her mother, Leah, had done a few chapters earlier. After making a deal with her sister and co-wife Rachel, Leah goes out into the field to inform their husband Jacob that he must sleep with her that night. Thus “going out” is associated with wantonness and promiscuity. “Like mother like daughter,” as the Prophet Ezekiel states (Ezekiel 16:44). Dinah, says Rashi, is a Yatzanit.

While there are other commentators that do not find fault with either Dinah or Leah, and indeed praise them both, we see in the midrash that Rashi chooses to cite the sexist and dangerous attitude that seeks to blame the victim. “She was asking for it.” “She should have known better than to go out looking like that.” And so on.

How sad that the one verb attributed to Dinah in the entire Torah is interpreted so horribly!

Indeed, the verbs in the rest of the story also reflect the classic misogyny in which women are not seen as agents who can determine their own fate, but rather as property to be owned and traded.

Two verbs that occur numerous times are lakach and natan – take and give. There is nothing unusual about these two words. Both are ubiquitous and among the most common words in Hebrew. In this story, these words are used almost exclusively to describe the transferring of possession of females by males.

Here are a few of the many examples: Shechem takes Dinah and rapes her after he sees her. Later, in love with Dinah, Shechem begs his father Chamor to “take for me this girl as a wife.” When Chamor speaks to Jacob about it, he asks him to “Please give her to him as a wife.” Chamor then suggests that the two tribes should intermarry with each other. “You give your daughters to us, and our daughters you shall take for yourselves.”

When they hear about it, Dinah’s brothers are unhappy. “We cannot do such a thing,” they say, “to give our sister to a man who has a foreskin…” Negotiations go back and forth. Eventually, the men of the town agree to be circumcised so that their respective daughters can be given and taken accordingly. As per the agreement, Dinah is sent to Shechem’s house. But it is all a ruse. Shimon and Levi sneak into town and slaughter all of the men. “Then they take Dinah from the house of Shechem and they leave.”

While incredibly upsetting, it should not surprise us that this ancient text presents women as passive chattel. That was the social structure in the Ancient Near East.

These texts are part of our holy Torah, however. Our tradition considers these words to be sacred, and insists that they contain ultimate Truth. As Jews, we have to find how these words speak to us today. In some cases, as in this story, there are elements both of the story itself and of how it has been traditionally understood, which many of us find deeply problematic.

That does not mean there is not a Truth that can speak to us from this text.

At this moment, a national conversation is taking place, primarily on college campuses, about what constitutes consent. The old adage was “no means no.” Now there are those who advocate a higher standard of “yes means yes.” In other words, if both parties do not verbally consent, a sexual act may be considered rape.

In the course of this national conversation, attitudes are emerging that suggest that the clothing a person chooses to wear, or the decision to attend a fraternity party, for example, makes a victim at least partly responsible for the sexual assault she suffers.

While we as a society have come far in terms of promoting gender equality, and creating equal space for women’s voices, it is clear that we still have a way to go. The way that we speak about gender and equality in religion is a central part of that progress. Religion both reflects and, in some cases, leads the progress that society makes.

Anita Diamant’s The Red Tent has been a very important step that is both symbolic of and has inspired the embrace of women’s experiences and voices in Jewish tradition.

I am not suggesting that we should all go out and watch the Lifetime miniseries. It will probably be entertaining, as well as “gauzy,” but I am not expecting any fabulous new insights. Personally, I will not be watching it because I do not subscribe to cable. I will just have to wait until it comes out on DVD.

But I see the trend of creatively considering how we might understand the voices of previously-silenced Jewish women to be an important one, whether in a miniseries, in a novel, or even more importantly, whenever we read our ancient holy texts.

Posted by

Rabbi Josh Berkenwald

Posted on

November 26, 2014

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Divrei Torah (Weekly Sermons), Genesis (בראשית)

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How to Behave as Jew in the Wider World: Toldot 5775

One of the wonderful things about Torah is that there are so many different lenses through which to read it. Tradition uses the word Pardes, meaning orchard, as an acronym of four styles of Torah interpretation. The peh is for p’shat – the plain sense meaning of the text. What did these words mean to the ancient reader who spoke the language and lived in the society that the Torah describes?

The resh is for remez – hints that are alluded to in the Biblical text.

The dalet is for d’rash, or midrash, (fancy word: exegesis). This is the attempt to explain silences, contradictions, and problems in the text in ways that are not possible from within the text itself.

And finally, the samech is for sod, secret, which refers to the hidden kabbalistic, or mystical truths which are hidden beneath the surface of the text.

All four methods of biblical interpretation are valid, and all four are Jewish. All have the capability of revealing religious truths. Whenever we study Torah, it is crucial that we understand which method of interpretation we are using.

This morning, I am going to request that we suspend our skepticism for the next few minutes and immerse ourselves fully in midrash. In the midrash, Jacob is a good, pious person. Easau is wicked. And Lavan is a liar and a cheat. For now, we need to accept that particular understanding of these characters.

Parashat Toldot introduces us to the third generation of the Patriarchs. Rebecca is pregnant with twins, and they are already struggling in her womb. It is such a difficult pregnancy that she wonders if it is even worth it to be alive. The Torah tells us that she goes to inquire of the Lord, seeking a prophecy which will explain what is going on inside her body. The nature of her sons is then revealed, with a prophecy that the older will serve the younger.

The midrash (Genesis Rabbah 63:6), as we might expect, expands the story. Whenever Rebecca would walk in front of study houses and synagogues, Jacob would struggle to get out, and whenever she would walk next to houses of idolatry, Esau would squirm to make his escape.

Another midrash (Yalkut Shimoni Toldot 110) identifies the location from which Rebecca seeks out God’s answer to her travails. She travels to the Beit Midrash, the academy, of Shem and Ever, where the answer is revealed.

Who are Shem and Ever, and why do they have an academy?

Shem is one of the three sons of Noach, who survives the flood and begins humanity’s repopulation of the earth. We do not know much about him from the Torah, only this: When Noach gets drunk and passes out naked, the middle brother Cham does something inappropriate and unforgivable. Shem, with the youngest brother Yefet, do not look at their father and respectfully bring him a cloak to cover himself. As a result, Noach curses Cham and blesses the other two children.

“Blessed be the Lord, the God of Shem… May God enlarge Japheth, and let him dwell in the tents of Shem…” (Genesis 9:26-27)

Notice that this blessing associates Shem with God. It also refers to tents, in which the younger brother seems to be finding shelter. Thus, Shem seems to have been a monotheist, and a man of some standing.

Ever, the other Head of School, is Shem‘s grandson, and we have no distinctive information about him from the Torah.

From these scant details, the Rabbis develop a sophisticated narrative about the state of monotheism before Abraham. Shem, later joined by his grandson Ever, establish a tent, understood metaphorically as a Beit Midrash. There, they teach about God and God’s commandments.

But, you say, the Torah has not been given yet, so how is it possible that there can be mitzvot? According the Rabbis, the seven mitzvot of the children of Noach have been given, and it is these which serve as the curriculum of this proto-yeshiva. Among these commandments, which our tradition understands as applying to all of humanity, is the requirement to have societies governed by laws that are administered justly and fairly. To create such laws certainly necessitates extensive learning, and that is the kind of learning taught by Shem and Ever.

So who makes up the student body?

One of the valedictorians is Abraham. It is in the Beit Midrash of Shem and Ever that he receives his introductory instructions in theology. He first learns about God from them. But was not Abraham an iconoclast, the first person to bring monotheism into the world? Not in this midrash. The difference, however, is that Abraham brings his message of monotheism out into the world. He proselytizes, so to speak, and quite effectively, whereas Shem and Ever are cloistered in their ivory tower (or tent).

In the Babylonian Talmud’s Tractate Avodah Zarah (BT Avodah Zarah 14b), which deals with Judaism’s laws against idolatry, a tradition is recorded that Abraham himself studied that same tractate. When he studied, however, it was comprised of four hundred chapters. He really had to know his stuff if he was going to go out into an idolatrous world and convince people of the existence of the One True God. In our Talmud, Tractate Avodah Zarah is only five chapters long.

A generation later, Abraham sends Isaac to the Beit Midrash of Shem and Ever after his near-sacrifice on Mount Moriah.

You can probably guess by now that Jacob will end up enrolling in his father and grandfather’s alma mater as well.

According to the midrash, Esau and Jacob spend their first years with their lives somewhat intertwined. They have yet to fully differentiate. By the time they reach their thirteenth birthday, their personalities have been revealed and they start to go their own ways. The Torah describes the respective characters of Esau and Jacob. Va-yi-h’yu Esav ish yodea tzayid ish sadeh, v’Ya-akov ish tam yoshev ohalim. “Esau was a man who knew the hunt, a man of the field, while Jacob was a simple man, a dweller of tents.” (Genesis 25:27)

The midrash (Genesis Rabbah 63:10), noting that Jacob seems to be spending a lot of time in tents, identifies them as the same tents of Shem and Ever. In other words, he enrolls in the prestigious Beit Midrash that his ancestors had established generations earlier.

He goes back later for graduate school.

This morning’s Torah portion ends with Jacob fleeing from Esau’s wrath after he steals the older twin’s blessing. Rebecca urges her favored son to travel East to her brother Lavan’s home in Haran to wait for Esau’s temper to cool. Isaac then offers Jacob a parting blessing and sends him on his way.

Rashi, based on a midrash in the Talmud (Rashi on Genesis 28:9), then performs some detailed calculations. He looks at the various ages of the characters that are described at different points in the story, and comes to the conclusion that there are fourteen missing years between the time that Jacob leaves home and when he arrives at his uncle Lavan’s household.

Where did he go in the meantime?

You can probably guess by now. What do people typically do when the economy takes a downturn? They go to graduate school.

Jacob reenrolls in the Beit Midrash of Shem and Ever. Why is it so important that he spend this time learning? Because of where he is about to go. Jacob leaves penniless, but his destiny is to become wildly successful in his time abroad. Jacob will prosper in Lavan’s house. But there is an inherent danger, as Lavan is not a good influence. He is greedy and duplicitous. There is a real risk that when Jacob is away from home, outside of his parents’ influences, he will assimilate Lavan’s value system. How can Jacob spend so much time with Lavan without becoming him?

He needs an inoculation from the influence of his no-good uncle. That is where school comes in. Education is what will enable Jacob to retain his values despite his environment. Intensive Torah study inside the academy will prepare him to live a life of Torah out in the world.

Jacob might also need some time to mature on his own. After all, the fact that he is running for his life is kind of his own fault. He has outnegotiated Esau for the birthright, stolen the blessing from him, and lied and tricked his father. Perhaps Jacob needs to go back to school for some moral reeducation as well.

As it turns out, Jacob does well in Lavan’s household. He spends twenty two years there, builds a family, and acquires great wealth. Jacob eventually must leave, however, as it is not his home. He knows that to fulfill his destiny, he must separate and go back home. One of the first things he does after returning to the Land of Israel is to force all of the members of his household to throw out any personal idols that they have brought with them. Those idolatrous values from Lavan’s home will have no place in Jacob’s household.

On one level, these midrashim about the Beit Midrash of Shem and Ever are anachronistic. They retroject the Rabbis’ values of Torah study into an ancient time which clearly had different priorities and institutions. On the other hand, by using recognizable contemporary symbols, these midrashim are able to tell us something about what was important to the Rabbis in their own time, which may help us better understand the situations we face in the present.

In sending Jacob to yeshivah, the midrash does the same thing as I did a few minutes ago when I described Jacob’s return to yeshiva as graduate school. This is one of the ways that Torah comes alive for us.

So what are the Rabbis trying to tell us in these midrashim? They are making a point about how we can best prepare ourselves and our children to deal with the world successfully without taking on the bad qualities of that world.

One lesson they may be imparting is how to best prepare oneself to maintain one’s values within a wider society that does not share them. That sounds pretty relevant to me. Judaism has always struggled with finding a healthy balance between engaging with the world, incorporating positive elements from other cultures, and resisting the negative ones.

Let me share an example. This coming Friday, the day after Thanksgiving, is known as Black Friday. Over the last several years, we have seen Black Friday pushed back earlier and earlier onto Thanksgiving, giving consumers more opportunities to buy stuff and giving retail workers less opportunities to celebrate Thanksgiving. It creates a sense of competition between stores to move up their openings times so that their competitors do not gain an advantage. And it creates competition between consumers who feel that they need to be first in line in order to get the best deals. The result is a cheapening and weakening of Thanksgiving, which in my opinion is the one national holiday that most Americans seem to take seriously.

The Canadian organization Adbusters created a campaign a few years ago called International Buy Nothing Day, on which people are urged to not spend any money on Black Friday.

As Jews, we do not really need to set aside a day for anti-consumerism. We already have Shabbat, which instead of once every 365 days, occurs once in seven. Nevertheless, every year when Black Friday roles around, I am so happy to be Jewish, and to not have that pressure to go out and get the best deals on Christmas presents. I would put Black Friday in the category of things from the dominant culture for us to avoid.

But we have assimilated much that is good into our tradition as well.

In recent decades, we have incorporated into Judaism values like feminism and social action while struggling to resist messages that promote violence and encourage immodesty. How do we inculcate the moral strength to stick by the values of our ancestors? Through learning.

The lesson here is that a deep education in Torah lays the essential moral groundwork for going out into the world and behaving as a Jew ought to behave. It was that education, at least according to the midrash, that was available to Abraham, Isaac, and Jacob. It was that education that made it possible for Jacob to go abroad, away from the protective influence of his parents, retain his values in a foreign culture, and eventually return home with those values intact.

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Rabbi Josh Berkenwald

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November 18, 2014

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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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Rabbi Josh Berkenwald

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November 1, 2014

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Divrei Torah (Weekly Sermons), Genesis (בראשית)

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Faith, Tzedakah, and Hope – Lech L’kha 5775

We take Abraham’s faith for granted. He has been described as the Lonely Man of Faith. Jewish tradition sees him as the paradigm for loving God. Although it disturbs us, the story of the Binding of Isaac is seen as a story of Abraham’s selflessness, his willingness to go all the way in serving God.

But is it helpful for us to hold up such a “perfect” model of faith. I’m not sure there are many people who can see themselves as truly following Abraham’s example.

On the other hand, maybe Abraham wasn’t the perfect man of faith that he is often presented as. Perhaps Abraham had his moments of doubts as well.

This morning’s Torah portion, Lekh L’kha, opens with Abram (his name has not yet been changed to Abraham) as a seventy five year old man. God promises him that he will be a great nation, and will inherit the Promised Land. Abram obeys, and soon arrives in the unnamed land to which God leads him. Things are going well at first, but then discord breaks out in the household. Abram’s only living relative, his nephew Lot, is also a successful shepherd. Their respective herdsman cannot seem to cooperate when it comes to pasturing the flocks, and so the two branches of the family are forced to split apart. Abram is magnanimous about it, offering his nephew the first choice about where to settle, but the end result is that Abram is separated from his only family member in a foreign land. He must be lonely.

Soon afterwards. Abram finds himself in a famine. So he uproots his household and heads down to Egypt, where food is available. There, he feels compelled to lie about Sarai his wife, passing her off as his sister rather than his wife. Apparently, he feels that it would be better for Pharaoh to bring her into the palace under the assumption that she is available rather than risk being killed as competition.

These are not the actions of a secure individual.

Nevertheless, the subterfuge works, and Abram prospers greatly in Egypt. We do not know about Sarai’s experience in the palace, however. When God strikes the Egyptians with a plague, the Abram’s deception is revealed. Needless to say, Pharaoh is not impressed, and Abram is expelled from Egypt. Back to Canaan he goes.

Meanwhile, war breaks out between several cities in the Jordan valley and an alliance of foreign kings. In the fighting, Lot is taken captive by the invading armies. Abram marshalls his household and rides off to the rescue. After restoring his nephew to safety, Abram once again returns to Canaan.

At this point, how might we imagine that Abram is feeling about his life? He has left everything – his homeland, his culture, his family, his father and brothers, to follow a voice that leads him to the West with unspecified promises of land and progeny. By now, Abram has put forth great effort. While he may be wealthy, he is still a nomad, and he is still childless. While Abram has been totally silent until now, I would think that he must be feeling his mortality. “What have I done with my life?” he must be thinking. “What is my legacy? What do I leave behind me in the world.”

Then, seemingly out of nowhere, God appears to Abram for the second time in a vision. “Fear not, Abram, I am a shield to you; Your reward shall be very great.” (Genesis 15:1)

That’s it?!

It seems to rub salt in the wound. All of Abram’s doubts and fears bubble to the surface, and he finally expresses the frustration and disappointment that has been growing in his heart.

“O Lord God, what can You give me, seeing that I shall die childless, and the one in charge of my household is Dammesek Eliezer!” He then continues, “Since You have granted me no offspring, my steward will be my heir.” (Genesis 15:2-3)

In the ancient world, if a couple was childless, their estate could be inherited by a loyal servant. (Nahum Sarna, JPS Torah Commentary, Genesis, p. 113) This is the only time in the Tanakh that Abram’s head servant is mentioned by his name, Eliezer. It suggests that Abram’s statement is not rhetorical. He truly is resigned to the fact that he and Sarai will not be having any children. What then is to become of God’s promise that he will be a great nation?

God responds by reassuring Abram. “That one shall not be your heir,” God responds, “but your very own issue shall be your heir.” (Genesis 15:4) Then God brings Abram outside and instructs him to look up. “Look toward heaven and count the stars, if you are able to count them… so shall your offspring be.” (Genesis 15:5)

Would that reassure you?

It did reassure Abram. “And because he put his trust in the Lord, He (God) reckoned it to his (Abram’s) merit.” וְהֶאֱמִן בַּה’ וַיַּחְשְׁבֶהָ לּוֹ צְדָקָה (Genesis 15:6)

Rabbi Jacob Mann Rakovski, who passed away in 2012 and served for more than 50 years as the Rabbi at Hadassah Medical Organization in Jerusalem, comments on the final word of this phrase, tzedakah. (Iturei Torah, vol. 1, p. 105) What does the Torah mean when it describes Abram continuing trust, or faith, emunah, in God to be tzedakah?

Rakovski says that by having faith at such a seemingly hopeless moment, Abram offers a tremendous gift to the world. That gift is the ability to live a life with purpose and meaning, which is only possible through faith.

When a person lives without faith, Rakovski says, that person’s life has no meaning. When such a person experience difficulties, he or she is inclined to ask, “what good is my life? Why bother?”

Abram saved the world by demonstrating that there is, indeed, something for which to live, and thus, life is immeasurably precious. That is why the Torah uses the word tzedakah to describe what Abram did. His gift is a kind of tzedakah.

Abram may be unique in his ability to maintain faith in God’s promise that he will have children when he has not managed to do for the first 80-plus years of his life. But the lesson to us is important.

Think about a time when you were disappointed. When the things you hoped for did not come to be. Perhaps it was a college program you were hoping to get into, a dream job that you could not get, a romance that did not develop the way you were hoping, not being able to have the family that you imagined.

To be human is to face disappointment. Our challenge is to keep going when things do not turn out as we are hoping. And that is where faith comes in. I found it interesting that Rakovski does not actually specify faith in God, although I imagine that he probably implied it.

But I’ll suggest that when we have faith in something, whatever that something is, we are far better suited to deal with life’s challenges when they come our way, and we experience life’s blessings as far more momentous and meaningful when they happen.

In 2004, the This I Believe project was founded. It was actually the resurrection of a radio program hosted by Edward R. Murrow in the 1950’s in which famous, and not-so-famous people were asked to speak about the guiding principles by which they lived.

At this point, more than 125,000 people have submitted essays about the values that guide their daily lives and give them a sense of meaning.

For several years, This I Believe essays would be read on NPR, and I had a chance to hear some of them during my commutes to Rabbinical School. There was one essay in particular that stuck with me. I would like to share it. It is by Harold Taw, an attorney from Seattle and the son of Burmese immigrants. He comes from a totally different tradition than that of the monotheistic religions, and yet the thing in which he believes, gives his life meaning and purpose.

I could say that I believe in America because it rewarded my family’s hard work to overcome poverty. I could say that I believe in holding on to rituals and traditions, because they helped us flourish in a new country. But these concepts are more concretely expressed this way: I believe in feeding monkeys on my birthday, something I’ve done without fail for 35 years.

When I was born, a blind Buddhist monk living alone in the Burmese jungle predicted that my birth would bring great prosperity to the family. To ensure this prosperity, I was to feed monkeys on my birthday. While this sounds superstitious, the practice makes karmic sense. On a day normally given over to narcissism, I must consider my family and give nourishment to another living creature.

The monk never meant for the ritual to be a burden. In the Burmese jungle, monkeys are as common as pigeons. He probably had to shoo them away from his sticky rice and mangoes. It was only in America that feeding monkeys meant violating the rules. As a kid, I thought that was cool. I learned English through watching bad television shows, and I felt like Caine from “Kung Fu,” except I was a chosen warrior sent to defend my family. Dad and I would go to the zoo early in the morning, just the two of us. When the coast was clear, I would throw my contraband peanuts to the monkeys.

I never had to explain myself until my 18th birthday. It was the first year I didn’t go with my father. I went with my friends and arrived 10 minutes after the zoo gates closed. `Please,’ I beseeched the zookeeper, `I feed monkeys for my family, not for me. Can’t you make an exception?’ `Go find a pet store,’ she said. If only it were so easy. That time I got lucky. I found out that a high school classmate trained the monkeys for the movie “Out of Africa,” so he allowed me to feed his monkey.

I’ve had other close calls. Once a man with a pet monkey suspected that my story was a ploy and that I was an animal rights activist out to liberate his monkey. Another time a zoo told me that outsiders could not feed their monkeys without violating the zookeepers’ collective bargaining agreement. In a pet store once, I managed to feed a marmoset being kept in a bird cage. Another time I was asked to wear a biohazard suit to feed a laboratory monkey.

It’s rarely easy, and yet somehow I’ve found a way to feed a monkey every year since I was born. Our family has prospered in America. I believe that I’ve ensured this prosperity by observing our family ritual and feeding monkeys on my birthday. Do I believe that literally? Maybe. But I have faith in our family, and I believe in honoring that faith in any way I can.

What do you believe in? Maybe it’s feeding monkeys. Or maybe it has something to do with serving humanity, or supporting the Jewish community, or following Jewish law and tradition, or raising a family. When we can articulate the values and beliefs that inspire us to live lives of immeasurable meaning. What gives your life meaning? What gives you strength when things are not going well? What inspires you to get out of bed each morning and face a new day?

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Rabbi Josh Berkenwald

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October 28, 2014

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Divrei Torah (Weekly Sermons), Genesis (בראשית)

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Let Us Make a Name for Ourselves – Noach 5775

According to the Torah, all human beings are descended from Adam and Eve. Then, after humanity is wiped out in the flood, all humans are descended from Noah and his wife. Why is it so important to specify that we all share a common ancestor? According to the Mishnah, it is so that no one can say another, my father is better than yours. We are all descended from the first Primordial Human, Adam, whom the Torah describes as created in God’s image. (Mishnah Sanhedrin 4:5) Thus, equality and freedom are central concepts in our tradition.

Soon after creation, however, humanity starts to move away from this ideal. Within ten generations, human society has become so corrupt and violent that God simply cannot take it any more. God looks at all of the wickedness and violence, sees the way that human beings have corrupted the entire planet, and becomes sad and regretful for having ever made humanity.

So God brings a flood, appointing Noah and his family to be the sole human survivors, protectors of each animal species, and progenitors of human life in the new world that will follow.

What will change this time? Presumably, things will be different in Creation 2.0. Indeed, God plans ahead for the change, giving rules to humanity this time so that they do not repeat the same mistakes.

But has anything really changed?

God knows that Noah’s offspring will be no better than their ante-diluvian ancestors.

After Noah exits the ark, he offers a sacrifice. That’s a good start. God appreciates the gesture, and declares “Never again will I doom the earth because of man…” (Genesis 8:21)

Fantastic! Is it because God is so pleased with Noah’s piety? Not exactly.

The Lord continues, “…since the devisings of man’s mind are evil from his youth.” Nature or nurture? It’s nature. Humans have the same capacity for evil that they have always had. It is part of our D.N.A. Nevertheless, God makes a commitment to let the experiment continue, acknowledging that it an occasional intervention may be warranted.

Within a few generations, humanity seems to be heading down a familiar path. The Torah introduces us to major characters in the generations following the flood and occasionally shares brief notes or stories about them. We meet Nimrod, son of Cush, son of Ham, son of Noah. Nimrod is described as “the first man of might on earth. He was a mighty hunter before the Lord.” (Genesis 10:8-9) He built a kingdom in Shinar, otherwise known as Babylonia, otherwise known as Mesopotamia, otherwise known as present-day Iraq and Syria.

Tradition identifies Nimrod as the first King. How does he ascend to that position? The medieval commentator Abravanel points to Nimrod’s hunting prowess. People see how powerful he is to be able to defeat lions and bears, and stand in awe of him. When Nimrod turns his attention towards his fellow human beings, he easily vanquishes and conquers them, thus building the world’s first empire. With empire comes progress. The development of political life, technological innovation, human wisdom – all are made possible by civilization.

But Nimrod and his generation go astray, according to commentators, pursuing progress for its own sake, rather than as a means to a greater good. Power begets power, as the saying goes. Where the violence and oppression before the flood had been chaotic and random, now it is state-sponsored.

The Torah continues with the well-known story of the Tower of Babel. At this time, we are told, everyone on earth speaks the same language and lives in the same place. Humanity has gained the ability to control the environment in which it lives. From their place in the lowlands, people figure out how to take mud, shape it, apply fire, and make bricks. They now have the ability to make life better, safer, and more meaningful. They can build structures to protect them from the elements, buildings to store food, schools to learn, libraries to store knowledge, and temples in which to worship. So what do they do with this technological innovation, this amazing new ability?

“Come, let us build us a city, and a tower with its top in the sky…” they say to one another. For what purpose? Efficient apartment dwelling? A university? A hospital? A town hall? A sanctuary? No. Those are not what the people are interested in. They are not going to use their technological abilities to serve a greater good. Their aims are more self-centered.

V’na’aseh lanu shem. “Let us build us a city, and a tower with its top in the sky to make a name for ourselves.” (Genesis 11:4)

They want to build it as a timeless monument to human progress.

A midrash teaches that the tower gets to be so high that it takes a really long time and a lot of effort to travel from the bottom to the top. Whenever a brick would fall, the workers would collapse to the ground and weep, “Woe is us. When will another brick be hauled up to take its place?” But when a person falls, nobody pays any attention. (Pirkei D’Rabbi Eliezer 24)

Why do they build the tower? Because they can. This is the end result of what Nimrod introduces to the world. It is a description of a totalitarian society in which the state is everything and the individual is nothing. There is no God in such a situation.

God looks down at this rising edifice to human power and sees that something must change. This is not what God had intended. So God babbles their tongues, and they can no longer understand one another. The building project grinds to a halt. Then God scatters the people over the face of the earth.

On one level, The Tower of Babel is an origin story that explains why the earth contains so many people with different languages, cultures, and beliefs. But it is also a story with lessons about human nature, politics, and equality.

Judaism is highly skeptical of political leaders. The idea that power corrupts seems to be ingrained in the Torah. Deuteronomy’s laws of Kings are all about limiting the powers and rights of the monarch. Kings and societies are judged not by how much land they acquire or taxes they collect, but by how the most marginal people in society are treated. Why are political leaders so suspect? Because politics inevitably leads to inequality. A subject, by definition, is not equal to the king.

In our democracy, ideally, the power of government is derived from the people, and there are checks and balances to prevent any one person or group from gaining too much power. In reality, we know that American society has gross inequalities, whether in money, political power, educational opportunities, health care access, and so on.

The Tower of Babel suggests that the solution to the problem of too much power is diversity. People and nations need to be free to pursue meaningful lives in different ways. Our tradition recognizes this as ideal.

The Messianic future envisioned by Judaism does not imagine that all nations will one day unite and become a single people. That has never been our vision. In the Messianic Age, it is simply that all peoples on earth will recognize God as the Creator and ruler. It is in this morning’s parashah that the Rabbis identify the seven Noachide commandments; seven laws given to all humanity that form the backbone of ethics. As long as a people abides by those essential norms, it should be free and encouraged to go its own way, while respecting other peoples’ rights to do the same.

A thirteenth century Spanish commentator, Menachem Meiri, in considering the Christians and Muslims of his day, declares that as long as they are gedurim b’darchei hadat, bound by the laws of morality and justice, they are to be considered as equal to Jews in all respects. That is a fairly remarkable position for that that time and place.

Elsewhere in our texts, we are taught that the righteous of all the nations earn a share in the world to come. So you see, Judaism advocates a healthy respect for diversity. There are other ways to worship God and other ways to organize societies other than the Jewish way, and that is a good thing. This is a lesson from the Tower of Babel.

It is also good from a practical perspective. A society’s embrace of diversity and pluralism serves as a check against oppression and violence. It is why a country’s freedom is typically measured by factors like religious freedom, the fairness of elections, the existence of civil liberties, freedom of the press, and the absence of corruption.

In every age, there are Nimrod’s who seek to suppress freedom and deny equality. Israel’s Defense Minister, Moshe Ya’alon, has been in Washington D.C. this week. I heard an interview in which he was asked about ISIS. He predicted that the Middle East is never going to return to what it was a few years ago. The borders of countries like Iraq, Syria, and Iran, were drawn up arbitrarily after World War One. The countries themselves were held together for almost a century by totalitarian dictators from minority tribes who forcefully imposed themselves on their populations, much like Nimrod thousands of years ago, who exercised power for the sake of power. But these artificial nations were comprised of diverse peoples with different cultures, religions, and languages. In order to maintain power, that diversity had to be suppressed. The violence and terror we are witnessing today is driven by religiously-fueled zealots who also reject the value of diversity, deny equality, and subjugate all who come under their authority.

We have been watching in horror as ISIS and other militant Islamic groups fight to create a caliphate, an empire, that would oppress anyone who does not conform to their narrow belief system. It is a scary, totalitarian ideology. How ironic that the story of the Tower of Babel took place smack dab in the middle of the war zone!

If we learn one thing from the Tower of Babel, let it be that God wants diversity. The Mishnah cited above regarding humanity’s shared common ancestor (Mishnah Sanhedrin 4:5) also teaches that when a person kills another, it is as if s/he has destroyed the entire world. It goes on to explain that when people mint coins from a coin press, every single coin comes out exactly the same. Not so with God, for God stamped each person with the seal of Adam, and yet no two people are alike. Thus each person is obligated to say, “For my sake was the world created.”

People of faith would do well to remember this.

Rebyehoshua

Sermons and Other Writings by Rabbi Josh Berkenwald

Author Archives: Rabbi Josh Berkenwald

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