Be An Organ Donor – Terumah 5776

This past Tuesday, I was on the panel for a program sponsored by our local Maimonides and Cardozo Societies – made up of Jewish physicians and lawyers, respectively.  I was the “Jewish Expert” on the panel.  The subject was based on a book written a few years ago called Larry’s Kidney: Being the True Story of How I Found Myself in China with My Black Sheep Cousin and His Mail-Order Bride, Skirting the Law to Get Him a Transplant–and Save His Life, by Daniel Asa Rose.  The author spoke for the first half of the program, so I was only able to touch the surface of the topic from a Jewish perspective.  It is a vitally important topic of life-and-death, and there are many misconceptions, so I would like to spend time this morning going into more depth.

In the United States, an average of 79 people receive an organ transplant every day.  Sounds good, right?  Also, on average, 22 people die every day waiting for a transplant.  That is more than 8,000 people per year whose lives could have potentially been saved if more organs had been available.  If more people in this country were registered organ donors, many more lives could be saved.

There are numerous complicated issues, both ethical and medical, when it comes to organ donation.  Let me try to summarize a few of them.

We can divide organ donation into four categories.  The first is live organ donations for which there is minimal risk to the donor.  Examples include blood, bone marrow, skin, and even kidney donations.  The second category is live organ donations for which there is risk to the donor.  Examples include liver lobe and lung lobe donations.  The third category is cadaver donations in which the organs can be harvested after the donor’s heart stops beating.  An example is a cornea.  The final category is a cadaver donation for which the cardiovascular system has to be kept working by artificial means until shortly before the organs are removed.  This is the case for heart, lung, and pancreas donations.

For each of these categories, the ethical and medical considerations are different.  How much risk is tolerable?  What is the definition of death?  At what point after the withdrawal of life support can organs be harvested?  What factors should be considered when determining which of multiple candidates should receive an organ?  Can live donors be paid for their donations?  Each of these questions is extremely complicated.  There is a vast body of writing from the perspective of medical and religious ethics that deals with every one of these issues.

Until fairly recently, Israel had an organ donation rate that was far below other developed countries.  Because there were so few Israelis willing to donate their own or their loved ones’ organs, “transplant tourism” became very popular.  Organ brokers would advertise their services on the radio and in newspapers.  Not only were there not any laws prohibiting Israelis from going abroad for organ transplants, but the national health insurance would even reimburse patients for their expenses.  So Israelis would travel to China, Brazil, and other countries to receive life-saving organ transplants.

Is there anything wrong with this?

The problem is that in many countries, there is little regulation and no transparency.  China, for example, has become a major center for organ transplants over the past twenty years, advertising their services to wealthy patients around the world.  Where do the organs come from?  China does not maintain a national organ donor database – so nobody really knows.

Over the years, there have been numerous allegations and investigations claiming that Chinese prisoners are being executed for their organs – and not just those imprisoned for violent crimes.  Also included are political prisoners, as well as tens of thousands of member of the Falun Gong religious sect.  With the vast amounts of money to be made, and the lack of oversight and transparency, it is no wonder that Chinese politicians, judges, and medical workers  up and down the system allow this to happen.

From the perspective of Judaism, this is absolutely wrong and immoral.  While I do not have to sacrifice myself to save another person, and I am permitted to protect myself if I am being attacked, under no circumstances can I kill another person to save my own life.

Which is why it is such a chilul hashem – a desecration of God’s name – that there have been numerous cases of Jews convicted for organ trafficking, in Israel and in the United States.  One of the factors contributing to this embarrassment is the low organ donor rate in Israel.

Why are so few Israelis willing to be organ donors?

There are several assumptions that people make about Jewish law.  First of all, we know that the body is considered to be sacred in Judaism.  When a person passes away, we treat the body with the utmost respect, cleaning and dressing it quickly, and returning it to the ground from which it came.  Autopsies are generally prohibited, as well as embalming.  The proper care of a body before burial is considered to be one of the greatest mitzvot that we can perform.

The removal of organs before burial, therefore, would seem to be a violation of Jewish law and custom.  Another complicating factor is the traditional belief in a future resurrection in the days of the Messiah.  If a person is buried without all of his or her organs, will he or she be resurrected whole in body?

Because of these beliefs, many Jews have been reluctant to register themselves or agree to donate their loved ones’ organs.  That is why the organ donor rates are so low in Israel.

But there is a competing principle which most halakhic authorities across denominations consider to be even more significant.  Pikuach nefesh, the saving of a life, is such an important value that it trumps even the special sanctity of the body.

The Torah states, lo ta’amod al dam re’echa.  Do not stand idly by the blood of your neighbor.  This means that if we have the ability to save the life of another person, we have an obligation to do so.  Halakhic codes stretch this concept to require us to spend our money, or even endure personal discomfort, to save the life of another person.

While organ donation was not a possibility at the time these laws developed, the principle is relevant.  So rather than ask “are Jews permitted to donate their organs?” the question really ought to be “Are there ever circumstances in which a Jew is not required to donate his or her organs?”

While some modern poskim, including Orthodox ones, today use the term mitzvah to refer to organ donation, it seems clear that they mean it not as an obligation, but rather as a midat chasidut, a particular pious act that is lifnim mishurat hadin – beyond the strict letter of the law.

So what can be done to increase organ donor rates and save more lives?

In the United States, we have an opt-in system.  Most states, including California, have recruited the DMV to register donors.  If you have a license you are probably familiar with this.  When you go to get your license, the DMV clerk asks you if you want to be an organ donor.  To be registered, you have to say yes.  An opt-out system automatically assumes that everyone is an organ donor except for those who explicitly state that they do not want to be.  Some countries have been successful with this.

While an opt-out system might seem to many Americans like a gross invasion of personal autonomy, it is defensible and maybe even preferable from a Jewish perspective.

In Judaism, there is a concept that I can perform an act or make a decision on behalf of another person without his or her knowledge, and potentially even against his or her will, if it causes that person benefit.  Some authorities apply that concept to organ donation.  Let’s say that my loved one is in a coma and is determined by doctors to be brain dead.  When I agree to donate the organs, my loved one gains the benefit of saving a life.

So a Jewish argument could definitely be made in favor of an opt-out organ donor system.

Another possibility is the solution that Israel enacted in 2008.  It made it illegal to travel abroad for an organ transplant, or to engage in organ trafficking.  It defined death as “brain death,” clarifying the circumstances under which cadaver donations can take place.  And it created an incentive system to encourage more donors.  Donors now receive reimbursement for all medical expenses related to the donation, as well as for lost work.  Live donors also receive preference if at some later time they find themselves in need of an organ.  In addition, if two people on a transplant waiting list are at the same tier of eligibility, the one who has been a registered organ donor will receive preference.  Finally, the immediate family members of a deceased person whose organs were donated will also receive preference.

The law is controversial, as it introduces non-medical factors for determining eligibility.  But it has caused organ donor rates to increase in Israel.

This morning’s Torah portion, parashat Terumah, offers us a fitting model for how we might understand organ donation.  In the opening statment, God instructs Moses:

 דַּבֵּר אֶל־בְּנֵי יִשְׂרָאֵל וְיִקְחוּ־לִי תְּרוּמָה מֵאֵת כָּל־אִישׁ אֲשֶׁר יִדְּבֶנּוּ לִבּוֹ תִּקְחוּ אֶת־תְּרוּמָתִי.

Tell the Israelite people to bring Me gifts; you shall accept gifts for Me from every person whose heart so moves him.  (Exodus 25:2)

The Hebrew word for donation is terumah.  The Israelites are being instructed to bring their donations for the construction of the mishkan, the Tabernacle.  Rashi asks, why does God specify v’yikchu li terumah.  “Take for me a donation?”  After all, God certainly does not have any physical needs.  Rashi answers with the word lishmi – for my sake.  In other words, these are to be purely selfless, altruistic donations.  There should be no personal motive.

But a passage in the Talmud states the opposite:  “If a person declares ‘this coin is for tzedakah so that my child should live, or so that I can earn a place in the world to come’ – such a person is a tzadik gamur – a totally righteous individual.”  (BT Rosh Hashanah 4a)  Commenting on this, Rashi explains im ragil b’kach – if the person is in the habit of giving tzedakah regularly.

So which is it, Rashi?  Are we supposed to give altruistically, without hope of personal benefit, or is a donor just as righteous if or she receives some advantage?

Is it the American system, which relies solely on altruistic donations, or the new Israeli system, which seeks to create positive incentives that cannot be harmfully manipulated?

Maybe the point is that it doesn’t matter.  Whatever the motivation, the end result of more organ donors is that more lives will be saved.  So if you are not already a registered organ donor, get on the list.  If, God forbid, we should ever find ourselves in the situation of having to make a decision about our own or a love one’s organs, let us please remember that Judaism has something to say about it.

And in so doing, in making the ultimate gift of saving the life of a human being made in God’s image, the terumah can surely be said to be lishmi, for God’s sake.

Feeding the Wolf – Rosh Hashanah 5776

Every year, as I prepare for the High Holidays, I struggle with how to make our experience here together transformational in some way.  Because I know that, for myself, and probably most of us, we come back year after year with mostly the same sets of issues and concerns.  So I ask myself :  What can I, as a Rabbi on Rosh Hashanah, say that will help us to become the human beings we would like to see ourselves as?

The great prayer which the Cantor chants during the repetition of the Musaf Amidah, Unetaneh Tokef, creates an impression of human powerlessness.  We appear before God on Rosh Hashanah, described as Yom Hadin, the Day of Judgment.  God is judge, prosecutor. expert, and witness.  God knows all, every forgotten thing, reading it out of the Book of Remembrance.  The imagery shifts, and now God is a shepherd, and we are sheep, passing underneath the staff.  A final shift, and God is decreeing the fates of every living thing in the coming year.

These three scenes convey an impression of our utter lack of control.  There is nothing whatsoever that we can do to determine our destiny.  Everything is in the hand of God.

As frightening as this imagery might seem to many of us, it does convey a truth of human existence.  So much of who we are, our personality and characteristics, are pre-determined.  Whether by genetics or the family and community into which we were born, i.e. nature or nurture – we do not get to decide our core personalities, our innate strengths and weaknesses.

Even the ability to make choices is something of an illusion.  Much of our mental activity takes place on a subconscious level, determined by neurohormonal loops that regulate our emotions.  While it seems to us that we have free will and are making choices for ourselves, in reality the outcome is predetermined by our biochemical makeup.

Religious language that speaks of our utter lack of control over our fate and our total dependence on God would seem to reinforce this notion.  Drawing upon biblical imagery, our machzor describes human life as insignificant, using terms like “a broken shard, withering grass, a shriveled flower, a passing shadow, a fading cloud, a fleeting breeze, scattered dust, and a vanishing dream,” in contrast to God, who is “the sovereign, living God, ever-present.”  All that we can do is appeal to God to be loving and merciful with us.

We come into the new year wrestling with ourselves.  We have spent the past month inspecting our deeds, focusing on where we have gone off course, and striving to make amends with each other, with ourselves, and with God.  And it is hard work.  To approach someone we have wronged with openness and honesty takes tremendous courage.  Our tradition provides us this annual opportunity to face our imperfections.

However, even when we have bravely performed real teshuvah, there is little we can do to change our core personalities, to affect the neuropathways in our brains that regulate all behavior.  Pathways that we have spent a lifetime establishing.  It is not a simple thing to rewire the brain.

The fact that we return annually to recite the same prayers and make the same confessions would seem to reinforce the notion that from year to year, most of us are the exact same people, struggling with the exact same character flaws.

So how can we make the celebration of the new year personally transformational?

A Cherokee legend teaches of a boy who got in a fight.  His parents send him to go speak with his grandfather.  The two of them go for a walk on a path through the forest.  The leaves of the trees and the soft breeze protect them from the heat of the noonday sun.  The two walk in silence, holding hands.

After a time the grandfather interrupts the silence.  “Grandson, there are two wolves fighting in my heart.  One wolf is good and does no harm.  He lives in harmony with all around him, and does not take offense when no offense was intended.  He will only fight when it is right to do so, and in the right way.  But the other wolf!  Ah!  He is full of anger.  The littlest thing will set him into a fit of temper.  He fights everyone, all the time, for no reason.  He cannot think because his anger and hate are so great.  It is helpless anger, for his anger will change nothing.  Sometimes, it is hard to live with these two wolves inside me, for both of them try to dominate my spirit.”

Hearing the words of his grandfather the grandson is filled with fear.  With a tremor in his voice he asks, “Grandfather, which wolf will win the battle of your heart?”

To which he quietly responded, “The one I feed.”

We have Jewish terms that mirror these two wolves: the yetzer ha-tov and the yetzer ha-ra – the good inclination and the evil inclination.

A Talmudic sage teaches a similar lesson about what happens when we continue to feed our yetzer ha-ra.

Rabbi Yochanan ben Nuri taught:  A person who tears his clothing in anger, or who breaks his utensils in anger or who throws coins in anger – consider him like someone who worships idols, for such is the art of the yetzer ha-ra.  Today it says, “Go do this.”  And tomorrow, it says “Go do that.” until finally it says “Go worship idols,”  And he goes and worships them.  (BT Shabbat 105b)

For the Rabbis, idol worship is the paradigm of evil and immorality.  It is the ultimate sin towards which the yetzer ha-ra drives us.  This midrash draws a causal connection between simple, everyday expressions of anger and the ultimate descent into depravity.

Another midrash teaches that Adam and Eve were created today, on Rosh Hashanah.  The Torah describes this moment using the verb vayyitzer ha-adam.  (Genesis 2:7) “God formed Adam.”   A Rabbi in the Talmud noticed that that the word vayyitzer is written in the Torah with two letter yud‘s.  This hints at the creation of two yetzer‘s.  Two inclinations, one for good and one for evil.  (BT Berachot 61a)

Thus the two inclinations, the two wolves, are part of us.  In both the Cherokee legend and the Jewish concept of two yetzarim, we have outsourced agency.  It is not we who personally direct our behavior.  External forces, which happen to reside within our hearts, are at fault.  But those forces cannot be eliminated, for as soon as we did so, we would cease to be human.

A another midrash teaches that after forming humanity, God looks at all creation and declares v’hinei tov me-od.  “Behold, it is very good.”  “Good” refers to the the good inclination.  “Very good” refers to the evil inclination.  “How can this be?” asks the midrash.  Because without the yetzer ha-ra a person would not build a house, get married, have children, or engage in commerce.  (Genesis Rabbah 9:7)

From a Jewish perspective, our goal must be to harness and control our inclinations, not to destroy them.  We are not expected to deny who we are, to utterly eliminate aspects of ourselves.  Neither are we allowed to complacently say, “this is just how God made me.  There is nothing I can do about it.”

Short of brain damage or a lobotomy, we cannot ever banish parts of our core personality, but we can encourage certain traits and discourage others.  As the grandfather acknowledges, while both wolves are always with us, it is we who feed them.

Let’s carry this metaphor a little further.  For each one of us, our wolves have unique appetites.  Some of our evil wolves feed on anger.  We are quick to lose our temper, to shout at family members or friends, to swear at drivers who do not signal before merging, or to judge others harshly without first pausing to consider their perspectives and motivations.

Some of our wolves feed on jealousy.  We compare our lives to others, and hold ourselves to unrealistic external standards.  We want what our neighbors have: their homes, cars, families, bodies, full heads of hair.

Some of our wolves feed on low self-esteem.  We downplay our successes and dwell on our failures.  We strive too hard to be liked.

Some of our wolves feed on lust, or addiction, or greed.

What do our good wolves like to eat?

In the middle of Unetaneh Tokef, in just seven words, the Mahzor hints that our fates may not be quite as out of our control as we thought.  Uteshuvah, utefilah, utzedakah ma-avirin et roa ha-g’zeirah.  “But repentance, prayer, and tzedakah can turn aside the severity of the decree.”

Although the decree cannot be erased, it can be redirected.  Perhaps therein lies the answer to our quandary – three actions that feed the good wolf, that can encourage our yetzer ha-tov to take control and direct our yetzer ha-ra.

First:  Teshuvah, repentance.  The path of teshuvah begins with being self-reflective, being willing to admit our weaknesses without blaming others and do the work that is necessary to repair our brokenness.  Teshuvah is ultimately an expression of hope that our loves ones can take us back, and that God will allow us to return.

Second:  Tefilah.  Prayer, but I would suggest that it is really about humility.  We are asked to recognize that there is more to existence than our own egos, to acknowledge the typically ignored blessings in our lives with a sense of gratitude, to turn to God with a sense of wonder and awe at a world that is simultaneously both accessible and unfathomable.

Third:  Tzedakah.  Translated alternately as justice, righteousness, and charity.  We act with the knowledge that what we typically consider to be our possessions do not fully belong to us.  Tzedakah asks us to be generous to others with our time and our resources, to accept that we have obligations to one another, a duty to bring justice and righteousness into the world, and ultimately, to place the needs of others ahead of our own.

Teshuvah, Tefilah, and Tzedakah:  three feasts for the good wolf.

So although our personalities and characters may be sealed, our strengths and weaknesses determined for us by some complicated mixture of nature and nurture, even our fate in the coming year out of our control, our tradition teaches us that we have a say in the outcome of the battle taking place in our hearts.

It is about conditioning.  Through the small, seemingly insignificant choices from day to day, we in fact have the ability to train our characters.  We can cultivate qualities that make us better people and redirect qualities that separate us from each other and from God.

So as we celebrate Rosh Hashanah and enter the Aseret Y’mei Teshuvah, the Ten Days of Repentance leading up to Yom Kippur, let’s each ask ourselves: What do my wolves like to eat?  How have I been feeding them?  And what can I do in the year ahead to give the good wolf the upper hand in the battle for my heart?

Finding the Factory Reset Button – Yom Kippur 5775

Yom Kippur, as the Torah describes it, is a “restore device to original factory settings” button.  It reformats the relationship between God and Israel, wipes our souls clean, and enables us to begin the new year bug free.

Unfortunately for us, the factory reset button is really hard to find, and requires a special kind of tool to reach.

It must be nice to live with the certainty of knowing exactly where we stand with our Creator, to know that, once a year, all of the bugs in the system are eliminated.

Our reality is of a world in which God is hidden.  In our day, we live with tremendous uncertainty.  It seems like we never know where we stand.

The Bible begins with God actively involved in history.  In the beginning, we find God creating the universe, walking about in the Garden of Eden, speaking to Patriarchs and Matriarchs, defeating Pharaoh and leading the Israelites into freedom.  Then God gradually steps back.  By the time we reach the Book of Esther, God is not even mentioned, and the fate of the Jewish people lies entirely in the hands of human heroes, villains, and fools.  Sound familiar?

Towards the end of the biblical era, and certainly into the Rabbinic period, our ancestors’ experience of God becomes much like our own in the present.  We, and they, pray to a God whose Presence is hidden in our world.  We follow a covenant that establishes our relationship with a God who never communicates directly with us.  We never receive clear affirmation that we are doing the right thing.  Our relationship with the Divine is intangible.

In contrast, the biblical narrative that serves as the basis for Yom Kippur presents a relationship to God that is extremely tangible.  The Torah portion we read on Yom Kippur describes it in great detail how the High Priest’s ritual maintains a healthy relationship between the Jewish people and God.

Over the course of the year, the sanctuary becomes polluted through sin, preventing God’s Presence from dwelling among the nation.  Only the High Priest has the ability to clear the sanctuary of its spiritual contamination.  The ritual involves: sacrificing goats, bulls, and incense; making formal confessions; wearing special clothes; sending a goat off into the wilderness; and entering the Holy of Holies.  When the High Priest does everything correctly, God washes the stain of impurity away from the sanctuary.  The Israelites are now pure before Adonai, so God’s Presence can return into their midst.  The relationship returns to its perfect state as if nothing has happened.  Factory reset.

From the Torah’s perspective, this is no metaphor.  It is real.  The stain of sin is tangible.  The ritual literally scrubs it away.  It really works.

How comforting it must have been to know where one stands in the universe, to know with certainty that we have done everything that God expects of us!

Yom Kippur is the one day of the year on which I feel reasonably confident that I have done everything I am supposed to do.  Pray – check.  No food – check.  No drink – check.  There is nothing in either my or God’s to-do list that I have forgotten.

Every other day of the year, I truly do not know where I stand.  It always feels as if there is so much more to do.  It seems like nothing is certain and there are no definitive answers to the questions that really matter.

Have I taken the right path?  Did I marry the right person or choose the right career?  Have I paid enough attention to the people I love?  Have I given my children enough to succeed in life?  Have I donated enough to tzedakah?  Have I worked hard enough to improve the character flaws that I see in myself?  Have I been kind enough to other people?

Have I done what God expects of me?  Has my teshuvah been accepted?  Has God forgiven me?  For that matter, does God exist, and if so, does God even care?

Today, we have no ritual to reset everything.  The “restore system to original factory settings” button is hidden where we cannot find it.  We are never fully certain about where we stand.

This creates tremendous spiritual and moral anxiety – and there are psychological implications to this.  We feel that we have never done enough.  We beat ourselves up over our flaws.  We are tormented with guilt.  And no matter how hard we try, we can never truly know if we have fixed things.

The idea of atonement, the wiping clean of our souls, allows us to move on.  But if the question of God’s forgiveness is always a mystery, how can we ever move on?

This is not a new dilemma.  It became an issue already during the time of the Second Temple.  In the Yom Kippur ritual, the High Priest would draw lots to determine the fates of two male goats that were brought before him.  One was selected to be sent off into the wilderness as the scapegoat, to carry away the sins of the people.  He would tie a red string to the horns of the fated animal.

The Talmud (BT Yoma 67a) explains that there was a matching red string that was tied to the entrance of the sanctuary.  There was a kind of wireless signal between the two strings.  If the sins of the people were forgiven by God, both strings would turn white, and everyone would rejoice.  If the strings remained red, the people would be sad and ashamed, because they knew that God had not forgiven them.

Some time later, the Talmud reports, the string was transferred to the inner part of the sanctuary, where the public could not see it.  Nevertheless, people continued to peep through.

To solve that problem, they sent the second red string out with the attendant who led the goat out into the wilderness.  There, with nobody around to watch, he would tie it to a rock before hurling the goat off a cliff.  He was the only one who knew what happened to the string.

Why did the location of the second string have to change?  People really wanted to know what happened to the string.  They wanted to know if the ritual worked.  Red or white?

But did the strings really change color?  It seems that those in charge, and we do not know who it was, wanted to protect the people from the knowledge that there were, in fact, no physical signs that atonement had taken place.  The burden then shifts to the scapegoat attendant to report on the fate of the string.  We can only imagine the pressure he must have been under to come back with a white report.

This was a paternalistic approach to the problem.  We do not know who was making the decisions to move the red string, but it seems that “they”  felt that the people needed to be protected from the despair of not knowing where they stood with God.  “Pay no attention to that man behind the curtain,” the wizard shouts desperately to Dorothy and her companions.

At some point, however, the curtain falls and we all must deal with the uncertainty of our existence.

So does that mean that we ignore what the Torah says about Yom Kippur?  Of course not.  We do with it what we have done so well with all of our holidays.  We transform it.  It is the Don Draper strategy: “If you don’t like what’s being said, change the conversation.”

A story is told of a High Priest, a direct descendant of Aaron, who came out of the Temple one year to throngs of excited people surrounding him.  But then the proto-Rabbis Shemaya and Avtalion appear, the two greatest scholars of the generation, who are said to be the descendants of pagans.  When the people see them, they abandon the High Priest to follow the Sages.  Shemaya and Avtalion eventually pay their respects, and the High Priest blesses them:  “May these descendants of heathens, who do the work of Aaron, arrive in peace, but the descendant of Aaron who does not do the work of Aaron (i.e. the priest himself), he shall not come in peace!”

It is a nice story if you are a Rabbi, to have a High Priest acknowledge that it is the study of Torah which best transmits the legacy of Aaron, the original High Priest.  More so even than the Temple ritual itself!  (BT Yoma 71b)  It establishes the primacy of Rabbinic Judaism over Temple Judaism.

Our own Yom Kippur services take the ancient ritual and reinterpret it.  During the Avodah service, which occurs during musaf [in a little while], we reenact, in moving poetry, the Temple service, with the Cantor playing the role of High Priest.  Every detail is captured.  The most uplifting part comes at the end, in a song called Mar’eh HaKohen, the Appearance of the Priest.  It describes how ecstatic, exalted, even glowing, was the High Priest when he emerged from the Holy of Holies.  He is so overjoyed and relieved to have successfully performed all of the rituals and restored the relationship between God and the Jewish people that he throws a big party for his family, friends, and everyone he knows.  It is simply glorious.

Another poem immediately follows: Ashrei Ayin – “Happy is the eye that saw all these,” it begins by listing the marvelous experience of witnessing Yom Kippur in the Temple.  But then it sounds an ominous note: “For the ear to hear of it distresses our soul.”  While it may have been incredible to have been part of the ancient drama, those days are over.  The memory of that loss brings only anguish to our souls.  Instead of partying with the High Priest, we have six more hours of fasting.

Then we turn to Eylah Ezkerah, the martyrology.  We recall ancestors who were murdered for their faith, pious individuals who died for God and Judaism.  It is almost an “in your face, God” kind of moment.  “Where were You, when those who loved You were being slaughtered?”  It starkly raises the uncertainty and injustice of our broken world.

Leviticus is now seen as a metaphor.  Maimonides, in the 12th century, goes so far as to say that God does not even want animal sacrifice.  The Torah merely grants it as a concession to human beings in the ancient world who did not know any other way.

In a world without a Temple, we have other ways to accomplish the same tasks.  Our texts credit prayer, acts of lovingkindness, tzedakah, and teshuvah as equal, if not better, than animal sacrifices.  It turns out, we have not lost our ability to restore our relationship with God after all.  In fact, our relationship with God may be even stronger.

This is what we call, “putting the nail in the coffin.”  When we start to memorialize the good old days, it means they are over and we are ready to move on.  While the rabbis speak wistfully and longingly of the days of the Temple, they much prefer their model of Torah study and a portable, community-focused Judaism that can be practiced anywhere that Jews gather together.

So how do we accomplish today what the High Priest once accomplished in the Holy of Holies?  We need a faith that enables us to live with certainty in an uncertain world.  We need to find a way to perform, if not a full factory restore, then at least a “soft reset.”

Our Jewish tradition has been struggling to find a middle path between despair and extremism for more than two thousand years.  Not surprisingly, several approaches.

Yeridat Hadorot means “the decline of the generations.”  It is the idea that the further in time we get from the revelation at Mt. Sinai, the more we decline spiritually and in our proximity to God.  The destruction of the Temple and the negation of the Temple Ritual nearly two thousand years ago, therefore, signify the growing chasm between us and God.

A Mishnah (Sotah 9:16) describes the deterioration of Judaism as various second century Sages pass from the world:

When R. Meir died, the composers of fables ceased.  When Ben Azzai died, the assiduous students [of Torah] ceased…  When Rabbi Akiva died, the glory of the Torah ceased…  When Rabbi Ishmael ben Fabi died, the luster of the priesthood ceased.  When Rabbi [Yehuda the Prince] died, humility and fear of sin ceased.

It goes on to describe how the situation falls apart after the Temple is destroyed in 70 CE.

From the day the Temple was destroyed, the Sages began to be like school teachers, school teachers like synagogue attendants, synagogue attendants like common people, and the common people became more and more debased; and there was none to ask, none to inquire.

“So upon whom is it for us to rely?” the Mishnah concludes, “Upon our Father who is in Heaven.”

The good old days are over, and our task is to maintain faith while things continue to deteriorate.  Eventually, when things cannot get any worse, the Messiah will come to redeem the world, restore everything to its proper place, and bring certainty back into our relationship with God – the ultimate factory reset, and upgrade.

It is not a particularly happy message.  Far more appealing is the narrative of “we stand on the shoulders of giants.”  Our knowledge is constantly increasing.  Our understanding of Torah continues to expand.  We are always building on the successes of our predecessors and striving for more.

Although the process had already begun, the destruction of the Second Temple forced the Rabbis to deal with the reality of a hidden God.  For Judaism to survive in a post Temple world, the conversation had to be changed.

The old narrative that relied upon the ritual of the High Priest was gone, and something new would have to replace it.  We needed a way to wipe the slate clean and start over with the certainty that we had been forgiven.  So if there is no longer a red string to turn white, no goat to throw off a cliff, and no High Priest to sacrifice a bull, who will take over the ritual?

Answer: we will.

This is what the Rabbis do.  They add the element of personal teshuvah to Yom Kippur.  Instead of relying upon a High Priest to perform the ritual for us, the burden falls to individual humans.  The Mishnah teaches the following:

If one says: I shall sin and repent, sin and repent, no opportunity will be given to that person to repent. [If one says]: I shall sin and Yom Kippur will procure atonement for me, Yom Kippur procures for him no atonement.

It may seem obvious to us that we need to be sincere about repentance, but nowhere in the Torah’s description about the Temple rite does it say anything about hypocrisy.  According to a plain reading of the Torah, atonement is automatic as long as the High Priest does his job correctly.  The Rabbis, in changing the conversation, made this part up.

They continue their reinterpretation by taking away God’s ability to forgive fully half of our sins:

For transgressions between a person and the Almighty, Yom Kippur procures atonement, but for transgressions between one person and another, Yom Kippur does not procure any atonement until one has appeased one’s friend.  (Yoma 8:9)

The Talmud expands on this idea, explaining that if one person angers another, it is not necessarily the case that he will be forgiven.  I depend upon the person I have wronged for forgiveness.  I am at her mercy.  But with God, it is another story.

… with the Holy One, if a person commits a sin in secret, God is pacified by mere words… And not only that but God even accounts it to that person as a good deed… And not only that but Scripture considers it as if that person had sacrificed a bull.  (BT Yoma 86b)

In other words, God is a sure thing.  All we have to do is ask – with sincerity of course.

When we do manage to appease one another, then God steps in to finish the process by wiping our souls clean.  That part is also automatic.  The uncertain part is each other.

Notice that the ability to grant atonement has effectively been taken away from God and granted to human beings.  It depends on us working with one another to repair our relationships.  It depends on us asking each other for forgiveness, and forgiving when we are asked.  God’s role is to affirm what we are able to accomplish with one another.  The hard work of Yom Kippur is in our interpersonal relationships.  The factory reset button is relocated into our own hearts.

So instead of trying to sneak a peak while an austere man robed in white performs the rituals, we all come together as a community of High Priests.  Success depends on whether we manage to repair our relationships with each other.

At the end of the day, during the final service of Neilah, the atmosphere in the synagogue changes.  Everything feels lighter.  An aura of glorious radiance fills the room.  Despite the chaos out there, we stand together in here, certain in this moment.

We have created that moment by coming together, and God responds by wiping our souls clean, affirming the hard work we have done.  Factory reset accomplished.