Our Conveniently Dark Past – Masei 5774

Rabbi Dov Lior, Chief Rabbi of the Jewish settlement at Kiryat Arba, in Chevron in the West Bank, issued a halakhic ruling this past Sunday, July 20, with regard to the killing of civilians during war.  He was asked the following question.

…what is the halakhic position with regard to attacks against a civilian population that does not have a direct connection to the terrorists in the area?

Rabbi Lior begins his one page reponse with this:

The Torah of Israel guides us in all walks of life, private and public, on how to behave during war and also how to keep moral standards.

As a halakhic precedent, he cites the Maharal of Prague, from the 16th century.

The Maharal from Prague (Rabbi Judah Loew – A.K.), in his book Gur Arye, clearly writes that… in all wars the attacked people are allowed to attack fiercely the people from whom the attackers came from and they do not have to check if he personally belongs to the fighters.

He bases this on the story in Genesis in which Shimon and Levi massacre the entire town of Shechem, killing three hundred men, in retaliation for the rape of their sister Dinah by the chieftain’s son, Chamor.  Rabbi Lior concludes:

Therefore, during war the attacked people are allowed to punish the enemy population in any punishment it finds worthy, such as denying supplies or electricity and also to bomb the whole area according to the discretion of the army minister and not to just simply endanger soldier’s lives but to take crushing deterrence steps to exterminate the enemy.

In the case of Gaza, the Minister of Defense will be allowed to instruct even the destruction of Gaza so that the south will no longer suffer and to avoid harm to our people who have been suffering for so long from the surrounding enemies.”

Any kind of talk about humanism and consideration are moot when speaking of saving our brothers in the south and in the rest of the country and bringing back quiet to our country.

For the last several weeks, we in the American Jewish community have been praying for our brothers and sisters in Israel.  But not just in Israel.  We have seen protests in cities around the world, especially Europe, turn scarily to anti-semitism.

It has been so frustrating for us to observe media outlets that do not seem to understand or care about aspects of this war that have been so important to us.  Specifically, the great care that the Israel Defense Forces have given to minimizing civilian casualties in Gaza.

As Jews, we have been proud of the Israeli government, its soldiers, and its citizens for doing their best, amidst the chaos of war, to protect Palestinian civilians.

I have personally given several Divrei Torah and written an article adressing this over the past few weeks.  So that is not what you are going to hear from me today.

The legal ruling by Rabbi Lior points to minority attitude that exists amongst the Jewish people.  I would imagine that his endorsement for not just ignoring civilians, but even targeting them, might offend many, but he brings up somthing that we ought not ignore.

In this morning’s Torah portion, Parashat Masei, God provides some details for Moses to tell the Israelites regarding how they are to settle the Promised Land.

First, they are told to disposess all of its current inhabitants.  The Israelites must destroy every last trace of idolatry, including idols, figurines, and sacred shrines.  Then, the Israelites are to divide up the land amongst themeslves, apportioning tribal territories by lot.

God warns the Israelites that they had better clear out all of the current inhabitants, because any Canaanites who are left behind will continue to harrass them.

Next, God describes the borders of the country which the Israelites are about to invade.  The Bible has several different accounts of the boundaries of the Promised Land. Parashat Masei‘s version has the land of Israel extending south into the Negev, travelling up the entire Mediterranean coast (including Gaza, by the way) all the way through Lebanon and over to Damascus.  The Eastern border follows Lake Kineret down the Jordan River and the Dead Sea.

Imagine for a moment that you are an Israelite, hearing your aged leader Moses giving you these instructions after he has successfully led you through the wilderness for the past forty years.  What is he telling you to do?

The word used is l’horish, “to dispossess.”  The commentator Rashi explains that it means that the Israelites have to expel them from the land.

Deuteronomy is even more extreme.  It gives explicit instructions to utterly wipe out idolatrous towns, killing all of the inhabitants and burning their possessions.  The Israelites are not allowed to make peace with them or allow them to surrender.

In modern parlance, we would call this ethnic cleansing or genocide.

Does this sound like Judaism?  It certainly does not align well with the maxim of “love your neighbor as yourself” that we like to repeat so often.  But it is in the Torah, our holy book.  What are we to do with it?

When admitting out loud that our sacred scriptures advocate holy war, Jews today, myself included, typically explain why those texts do not reflect Jewish tradition.  Our Sages, even in ancient times, were uncomfortable with what the Torah seems to be saying.  It not only violates common moral sense, but it also seems to go against the spirit of so many other mitzvot mitzvot telling us to give tzedakah, to treat our employees properly, to care for the strangers living among us, to enforce the law fairly for both citizens and strangers.  When we talk about Jewish ethics, those are the kinds of ancient laws that we highlight.

So the Rabbis feel a strong obligation to do away with holy war.  It may have applied back then, when Joshua led the Israelites to conquer the land of Israel, but it is no longer relevant. Here are several justifications that are typically offered.

One.  They never actually did it.  It is apparent from later books in the Bible that the idolatrous nations of the land stayed right where they were, living side by side with the Israelites.  Of course, we did annihilate the Midianites in last week’s Torah portion.

Two.  The Torah is really concerned with the immoral influence of idolatry.  The only way to remove idolatry is to completely eliminate its practice in the land.

Three.  It is a practical warning that as long as the Canaanites remain in the land, they will continue to be a thorn in the side of the Israelites.

Four.  We have to understand the Torah in light of its historical context.  This is how war was conducted in the ancient world.  If it was written today, it would have been written differently.

For the fifth explanation, we turn to Maimonides.  He qualifies the Torah’s instructions by saying that, in fact, a pagan town must first be offered the choice of renouncing its paganism.  Only if it refuses must it then be destroyed.

Maimonides acknowledges that it is indeed obligatory to annihilate the seven Canaanite nations, and one who has an opportunity to kill a Canaanite but fails to do so has violated a commandment from the Torah.  It is a moot point, however, as Maimonides concludes, “but their memory has already been lost.”  (Mishneh Torah, Laws of Kings, 5:4)

He bases this on a passage in the Mishnah that declares that the Assyrian King Sennacherib came along at the turn of the seventh century b.c.e. and scattered all of the nations of the land of Canaan.  (Mishnah Yadayim 4:4)  Conveniently for Maimonides, and for us enlightened twenty-first century Jews, it is now impossible to fulfill the Torah’s command to commit genocide because the people we are supposed to kill on the spot do not exist any more.

The problem with all of these explanations is that none of them address the core moral issue.  We sit back, confident of our own uprightness, absolved of any responsibility for our the actions of an earlier generation.

We, in 2014, have an ancient connection to the land of Israel.  It was promised by God to Abraham four thousand years ago.  As a people, we inhabited the land autonomously for hundreds of years during the First Temple era.  In the Babylonian exile, we wept as we longed to return.  Then we built the Second Temple and inhabited the land for another five hundred years.  After it was destroyed by the Romans, we went into exile for nearly two millennia, always keeping Zion in our hearts.

But if we go back to the beginning, the entire notion of a Promised Land is founded upon a violent conquest that took place more than three thousand years ago.

Do we bear any responsibility?

What about the modern State of Israel?  In his new book My Promised Land, Israeli journalist Ari Shavit, a left wing journalist, writes with full honesty about the home that he loves.

He describes a well-known writer, Israel Zangwill, who travels to Palestine in 1897.  While most of the early Zionists see only a barren land devoid of inhabitants, Zangwill sees what is really there, and he speaks about it.  In 1905, Zangwill delivers a speech in New York City in which he reports that Palestine is populated.  Then he points out that no populated country has ever been won without the use of force.  Therefore, he tells his audience, the sons of Israel must be prepared to take action, “to drive out by sword the tribes in possession, as our forefathers did.”

Zangwill is rejected as a heretic by the Zionist establishment at the time, but his ideas persist.  A couple of decades later, he writes that “there is no particular reason for the Arabs to cling to these few kilometers. ‘To fold their tents and silently steal away’ is their proverbial habit: let them exemplify it now… We must gently persuade them to trek.”

According to Shavit, Ben Gurion and the rest of the leadership knew that for Israel to be viable, the majority of the Arab population would have to be relocated.  While there was no explicit policy of forced population transfer, there were numerous examples of Jewish forces encouraging Arab villagers to flee.

It seems that the legacy of the Torah’s commandment to our ancestors to conquer the land by force and eliminate the inhabitants is not as distant from us as we might like to think.

Let us not get embroiled in arguments about who is at fault or who has a more legitimate claim.  We all know it is complicated – and highly emotional.  I bring this up because I believe that it is important for us to be honest about our past.  We ought to at least acknowledge that the blessings we enjoy in our lives today sometimes come at a cost that was paid by innocent suffering extracted by others.

Today, we all benefit from the free, open, and prosperous society in the United States.  But how did we get here?  Our nation’s founders had to wage a brutal war of independence against Great Britain.  Before that, of course, European colonialists had dispossessed, by force, the former inhabitants of the land, killing 95% of them through war and disease, and shutting the rest up in reservations.  We must not forget that the Native Americans had come from somewhere as well, and fought their own wars againt rival nations.

As Israel Zangwill said in 1905, no populated country has ever been won without the use of force.  In a similar vein, Mao wrote in his Little Red Book that without violence, “it is impossible to accomplish any leap in social development.”  I fear that they may be right.  I challenge us to name a nation that was not formed by expelling or subjugating the local population and/or defeating the former rulers by force.

We have been doing this for hundreds of thousands of years, so it would seem to be inevitable.  If this is simply the way of the world, then what is wrong with Rabbi Dov Lior’s call to protect Jews by ending the restraint and demolishing Gaza?  After all, this is how human societies have protected themselves for hundreds of thousands of years.

The Torah challenges us to become holy by overcoming our DNA, and that is an incredibly difficult thing to do.  Our world is a messy, morally ambiguous place.  Good people are often forced into situations in which they have to make difficult decisions.

As justified as a young soldier may be in fighting to protect his family and his country, war leaves a permanent mark on a person’s soul.  I say this presumptuously, as someone who has thankfully never had to go into battle.

We are challenged in every aspect of our lives to be holy: in how we do business, in how we support members of our community, in how we eat, in how we love, and yes, in how we make war.  We honor those who have fought on our behalf in the past and who do so today when we open our eyes and admit that the things in our lives that we count as blessings sometimes have been accompanied by the suffering of innocents and the sometimes difficult moral struggles of people who tried their best to live good lives.

We must say to Rabbi Lior that what he advocates does not represent Judaism.  God asks more of us.  Although it is often not clear, may we discern the path of holiness in this difficult world, and may our striving to be holy one day soon bring us to peace.

A Covenant of Peace – We Must Not Give in to Rage – Pinchas 5774

These have been difficult days for our brothers and sisters in Israel, who as we speak, are experiencing war against Hamas in the Gaza Strip.  I have found myself this week checking the various news sources every few hours for updates on the situation.  I have also felt what I think many Jews in the Diaspora feel at times like this, a desire to be in Israel, to be with our people as they experience this terror.

Thank God that Israel has developed such effective ways of protecting its people from the indiscrimate launching of rockets at population centers, now reaching as far as Haifa.  The Iron Dome defense system has managed to successfully intercept ninety percent of the rockets it targets.  Israel’s siren warning system gives advance notice to Israelis so that they have time to reach a nearby bomb shelter.  The result has been an extremely low casualty rate thus far.  For this we must be grateful and pray that it continue.

Nevertheless, the terror and psychological trauma of living under constant threat is awful, especially for children.

The Israeli public is almost universally behind the military’s efforts to defend the population against hundreds of rockets that are being launched with the explicit goal of killing and terrorizing civilians.

The IDF has targeted Hamas’ military and command centers, taking great efforts to limit civilian casualties, including calling cell phones in advance to warn residents to evacuate.  Hamas, which deliberately locates its weapons in civilian areas, has issued calls for civilians to congregate at those sites so that they can be human shields.  That the Israeli military has destroyed more than 1,000 underground rocket launchers, smuggling tunnels, command centers, and other strategic locations with only 100 deaths is extraordinary, and suggests a concerted effort to limit harm to the Palestinian population.

Nevertheless, every life is precious.  Every human is created in the image of God, and we must never delight in the death and suffering of the innocent.  While I am glad for the low casualty rate in Israel, I find myself feeling terrible when think about what it must be like for someone trapped in Gaza.

Sadly, it feels like we have been here before.  In 2008, Israel invaded Gaza in reponse to rocket fire in Operation Cast Lead.  In 2010, Israel launched air strikes in reponse to Hamas rockets in Operation Pillar of Defense.  This track record suggests that violence might not bring about the goal that I think all reasonable people share: in the short term, the halting of rocket fire; amd in the long term, peace.

Indeed, violence so often begets more violence.  This current crisis has come about due to violent acts spiralling out of control.  First was the kidnapping and murder of the three Israeli teens: Naftali Frankel, Eyal Yifrach and Gilad Shaar, by three suspected terrorists from Hebron.  Then came the revenge murder of an Arab teenager, Mohammed Abu Khdeir, by three Jewish terrorists.  Since then, the violence has only escalated.

This morning’s Torah portion, Pinchas, shows us that there are threats that must be met with violence, but warns of the slippery slope towards which unchecked passion and vengeance can lead.

The Parashah continues a tale that began at the end of last week’s portion.

The Israelites, specifically the men, consort with Midianite (or in one reference, Moabite) women, who have been luring them to sacrifice to their foreign gods.  Predictably, this provokes God’s anger, and a plague results that indiscriminately strikes the innocent along with the guilty.

What is going on here is nothing less than an existential threat to the entire nation.  The idolatry of the Israelites threatens the moral integrity of the people, while the plague threatens their physical existence.

Something must be done to counter this threat.

Pinchas, the son of Eleazar the High Priest and Moses’ great nephew, takes immediate action.  He grabs a spear, and publicly impales an Israelite named Zimri and a Midianite named Cozbi.  This bold act stops the sinning in its tracks, calms God’s wrath, and ends the plague – but not before 24,000 Israelites have already been killed.

This morning’s Torah portion, named after Pinchas, continues the story with God’s enthusiastic approval and endorsement of the hero.  “Pinchas, son of Eleazar son of Aaron the Priest, has turned back My wrath from the Israelites by displaying among them his passion for Me…”  (Numbers 25:11)

God continues with a blessing for Pinchas and his future descendants.  “Behold I give to him b’riti shalom, ‘my covenant of peace.'” (Ibid. 25:13)

This glorification of Pinchas’ zealous actions does not sit well with our Sages.  A midrash in the Palestinian Talmud (Sanhedrin 9:7) describes how the elders of Israel disapprove of Pinchas taking matters into his own hands without first going through a judicial process.  They fear that permitting zealous actions is a recipe for disaster.  Without a trial, how can we distinguish between an impassioned believer carrying out God’s will and a fired-up individual acting out on his own whims and desires.  The purpose of a judicial system is to remove the passion and zeal which so often ends in violence and injustice.

The elders of Israel are so terrified of what Pinchas represents that they want to excommunicate him, but a heavenly spirit comes to overrule them, affirming that Pinchas’ zeal has been only for the sake of God.

Pinchas’ reward is a brit shalom, an everlasting covenant of peace.  On its surface, it is a promise that Pinchas need not fear revenge from the families of those he has just killed.  On a deeper level, God’s granting a covenant of peace is a warning.  Yes, passion for God is a good thing.  Stepping in boldly to avert a crisis or to combat evil is sometimes necessary.  But we have seen too many cases throughout history, up to and including the present time, of impassioned people acting out of their own selfish interests, claiming that it is God whom they serve.

This is the rhetoric of Hamas, and it is also the rhetoric of the three Jewish murderers of the innocent Arab teenager.

Rabbi Tzvi Yehuda Berlin, the nineteenth century principal of the Volozhin Yeshiva, explains that God’s promise to Pinchas of a brit shalom, a covenant of peace, is a blessing “that he should not be quick-tempered or angry.  Since, it was only natural that such a deed as Pinhas’ should leave in his heart an intense emotional unrest afterward, the Divine blessing was designed to cope with this situation and promised peace and tranquility of soul.”  (Rabbi Zvi Yehuda Berlin, Ha’amek Davar, in Nehama Leibowitz, Studies in Bamidbar, p. 331)

The brit shalom is a protection against the burning passion buried in each of our hearts that pushes us to violence and revenge, that causes us to gloat over the fall of our enemies, and that leads us to dehumanize the other.

At a time such as we now face, we need the blessing of a brit shalom more than ever.  As the Israel Defense Forces uses violence to legitimately combat Hamas and protect the citizens of Israel, the risk of us succumbing to our inner zeal rises.

I am heartened by the outpouring of anger and deeply-felt embarrassment by Jews across the religious and political spectrum at the evil murder of Mohammed Abu Khdeir.  In the last week, thousands of Israelis have paid condolence visits to the Abu Khdeir family.  It reassures me that we have not lost our moral compass.

Let us pray for a brit shalom, a covenenat of peace in our own hearts and the hearts of the Jewish people to always exercise restraint, to always treasure the sanctity of human life, whether a Jewish child hiding in a bomb shelter in Beer Sheva, or a Muslim child living in Gaza.  May we always have the sense to stop those among our own people who would act out on their rage and desire for vengeance.

Let us also pray for the other kind of brit shalom, a covenant of peace with human beings who today are our enemies, but who may one day, God willing may it be soon, become our friends.

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