Limits on Kings and Presidents – Shoftim 5774

In Hebrew, the name of the United States is not a translation of “United States of America.”  If it were, it would be something like Medinot HaIchud shel Amerika.  Instead, our nation is described in Hebrew as Artzot HaBrit, “Lands of the Covenant.”

While not a direct translation, this name expresses an aspect of our nation that is particularly valued in our Jewish tradition.  What is the covenant of which Artzot HaBrit speaks?  It is the Constitution of the United States of America, the supreme law of the land.

This concept appeals to us because we are the first people in the history of the world to have a document that functions as the supreme law.  Of course, it is the Torah.

Having a written brit, or covenant, at center of national identity is not the only similarity between Judaism and the United States.  Both polities imagine some of the same qualities in the ideal leader.

The Declaration of Independence, after establishing the fundamental human rights of “life, liberty, and the pursuit of happiness,” along with the rights of people to reject a government that fails to ensure those rights, lists a number of grievances against the King of Great Britain.

In establishing the Republic, the Founding Fathers wanted to draw clear distinctions between the monarchy that they had rebelled against and the democracy that they were establishing.  They understood the need to have a unitary executive, but they were fearful of the abuses that could ensue if power was left unchecked.

In creating the office of President, the Founding Fathers limited his powers and ensured that he would have to serve the Constitution, rather than the other way around.  That is why, when the President is sworn into office, he promises to “Preserve, Protect, and Defend the Constitution of the United States – so help me God!”

The Federalist Papers were published in the years 1787 – 1788 under the psuedonym Publius.  They were written by Alexander Hamilton, James Madison, and John Jay to promote the ratification of the Constitution by each of the States.

In Federalist Paper number 69, Alexander Hamilton enumerates some of the differences in power between the President of the United States and the King of England.  He notes that the President is limited to a four year term, while the King serves for life.  The President can be impeached and removed from office, while the King is personally sacred and inviolable.  The President has veto power, but he can be overruled, while the King’s veto is absolute.  Both are the supreme commanders of the military, but the President cannot independently declare war, sign treaties, or raise armies, while the King can do all three.  The President does not have unlimited power to appoint officials, and the King does.  And finally, the President has “no particle of spiritual jurisdiction,” while the King is the “supreme head and governor of the national church.”

At the time, these kinds of restrictions on the power of a national leader were unique in the world.  But the idea of subjecting the leader to a written covenant, limiting his warmaking powers, and otherwise preventing him from self-aggrandizement was not unheard of.  In fact, it bears striking similarities to the Torah’s vision of the ideal king, as presented in the Book of Deuteronomy.

I do not suggest that the Founding Fathers explicitly modeled the Presidency on Deuteronomy’s laws of kings. but there certainly seem to be similarities.  How did this come to be?

In the 18th century, a complete education included learning classical languages like Latin, Greek, and Hebrew, as well as acquiring extensive knowledge and mastery of the Hebrew Bible.  Yale, Columbia, and Dartmouth have Hebrew inscriptions on their university seals, and until 1817, Harvard graduation ceremonies included a Hebrew oration.

For Puritan colonialists, what for them was the Old Testament had great significance.  I think it is safe to say that the Founding Fathers’ critiques of the overreaching of King George and their imposition of limits on the power of the President were influenced, at least in spirit, by the Torah.

This morning’s Torah portion, Parashat Shoftim, teaches us much about leadership.  It commands that judges and officials administer the law justly and impartially.  It mandates the establishment of a higher court that will issue rulings on cases that are too baffling for local leaders.  (The Rabbis understand this as the basis for the Sanhedrin, the court of 71 rabbis, judges, and priests who function as the High Court of the land, with added legislative and executive powers.)

The Torah portion also deals with kings, albeit with ambivalence.  Unlike its treatment of judges, officials, and the High Court, the Torah does not command the appointment of a King.  It is optional.  “If,” Moses tells the Israelites,

after you have entered the land that the Lord your God has assigned to you, and taken possession of it and settled in it, you decide, asima alai melekh –  “I will set a king over me, as do all the nations about me,” you shall be free to set a king over yourself… (Deuteronomy 17:14-15)

So what powers does a King have?  If we go exclusively by what is written in the Torah, absolutely none.  The King only has limitations.  Listen to these restrictions on the power of the monarchy.  Does this fit your image of a King?

• He is not allowed to accumulate too many horses, or send people down to Egypt to get more horses.

• He is not allowed to acquire too many wives.

• He is not allowed to amass too much gold and silver.

• He must have a copy of the Torah, written by the Priests, always at his side.  He must read it constantly so that he will learn to revere God and follow its laws.

• He may not act with haughtiness towards other people.

Nowhere in the Torah are the people actually commanded to follow the king and do what he says.  In the relationship between king and subjects, the responsibility is unidirectional – it is the king who serves the people.

When we think about royalty in pre-modern times, we usually think about the unlimited exercise of power.  The king’s word is law.  He rules by divine right.  The people owe him their total obedience and respect.  He can impose taxes and raise armies.  He gets to live a life of extravagance and pleasure.  As a famous monarch once said, “It’s good to be the king!”

Parashat Shoftim’s model is that of an anti-king.

Not only is he not allowed to build up the army, impose heavy taxation, and live the good life, he is also bound by a constitution – the Torah.  His job is to promote and enforce the commandments, and lead the people in observing the terms of the covenant not with a human king, but with God, the King of Kings.

It is a utopian vision of leadership not so dissimilar to other systems that place a wise, benevolent executive in charge of leading a society in accordance with principals of justice, “the good,” or philosophy.  Think Plato, Aristotle, Locke, and so on.

But is such a utopian vision realistic?  Apparently not.

After the Israelites conquer the Promised Land under the leadship of Joshua, they split up into tribes.  Various local and regional chiefs lead the people through one crisis after another.  Order gradually breaks down over the next two hundred years, and the Israelites have finally had enough.  They turn to the Prophet-Chief Samuel and ask him to appoint a King over them.  Tnah lanu melekh lshofteinu – “…appoint a king for us, to govern us…”  (I Samuel 8:6)

Samuel is disappointed, but God reassures him and tells him to ascede to the people’s request.  Samuel’s reaction is surprising, because the Torah already anticipated the Israelites’ future desire to be ruled by a human king.  Had not Samuel read Parashat Shoftim?

The nineteenth century Polish Rabbi, Yehoshua Trunk from Kutna (1821-1893), points to a subtle distinction between what Deuteronomy allows, and what the people request.  In Deuteronomy, when the people ask to set a king over them, they say asima alai melekh.  Whereas in Samuel, the people say t’nah lanu melekh, give us a king.  What is the difference between setting and giving?

Without going into the complexities, Rabbi Yehoshua from Kutna says that Deuteronomy’s vision of sima, setting a king, implies that he is going to be immersed in the people, and his job will be to guide them in the ways of God, influencing their thoughts and actions, and helping them to focus on the innermost realm of the heart.

When the Israelites in Samuel request n’tinah, to be given a king, they are asking to have a leader placed above them.  What they want are the pomp and circumstance, the external trappings of power that characterize the leaders of all the other nations of the world.

But God does not want Israel to be like the other nations of the world, and certainly does not want its king to fall to the hubris that afflicts so many human leaders.

In telling Samuel to go along with the people’s request, God knows that they are not motivated by the lofty ideals of the Torah, but as the saying goes, “people get the leaders they deserve.”

Samuel warns the people what the king is going to do them.  He will draft your sons into his army and your daughters as cooks and bakers.  He will seize farmlands, vineyards, and orchards.  He will tax you, and consign you to serfdom.  Eventually, you will regret this decision.

But the people insist that they want someone to go out in front of them and lead them to victory in battle.

Things start to unravel almost immediately.  The first king, Saul, turns out to be deeply flawed.  David brings the nation to greatness, capturing Jerusalem and expanding the borders, but not without his share of trouble.

His son Solomon builds the Temple, but violates every single  one of Deuteronomy’s laws about Kings, fulfilling Samuel’s warnings from just three generations ago.  He imposes heavy taxes and forced labor to build the Temple.  He buys horses and chariots from Egypt.  He accumulates vast riches.  Solomon marries seven hundred wives and three hundred concubines, whom he allows to introduce their idolatrous foreign practices into the Holy Land.

When Solomon dies, the united monarchy ends as the northern kingdom of Israel breaks off from the southern kingdom of Judah.  The righteous king, as described in Shoftim, is an ideal that turns out to be exceedingly difficult to implement.

The establishment of Israel in 1948 has reignited issues about Jewish power that have not been practical considerations for nearly two thousand years.  Is Israel a nation like any other, or do Jewish history and values make it different?  What should the role of Torah and Jewish law be in a country that is committed to freedom of religion and equal rights?  Who is authorized to interpret Jewish law?  How does Israel maintain itself as a Jewish state and a democracy?  What does it even mean to be a Jewish state?

You might be surprised to know that Israel does not have a constitution.  According to Israel’s Declaration of Independence of May 14, 1948, there was supposed to have been Constitution in place by October 1 of that year.  But the above questions were so difficult to resolve, the question of an Israeli constitution was placed on the back burner.

Because of the international and domestic pressure cooker that Israel always finds itself in, these questions are being dealt with and tested on a daily basis.  Israelis wrestle with the dilemma of creating a society based on the lofty ideals and values expressed in Jewish law and tradition while facing the very real and practical challenges that often are a question of survival.

One of the reasons that Israel is so important to Jews everywhere is because it creates powerful opportunities to put Jewish values into practice on a national level.  That is a possibility that did not exist for nearly two thousand years.  As we see on a daily basis, it is not easy.

We refer to the modern State of Israel in our prayers as reishit tz’michat geulateinu, the beginning of the flowering of our redemption.  The question of whether that is true or not depends on how Israel the country and Israel the people deal with these challenges.  I take it as a positive sign that Israelis, as well as Jews in the Diaspora, are actively engaged in wrestling with the question of how to exercise power in ways that embody the ethical principles of the Torah.

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.

Staying Strong in Israel’s War against Hamas

This is a speech that I delivered at the Silicon Valley Solidarity Gathering for Israel on July 22, 2014.

The Jewish State of Israel distinguishes itself among the family of nations to the extent that it is governed by middot, the positive attributes of our Jewish tradition.  When we make decisions, as individuals and as a nation, that embody the values of our ancient faith, we bring light into the world.  Unfortunately, the world is not always ready to be enlightened.

In Pirkei Avot, we read Eizehu gibbor?  Hakovesh its yitzro.  Who is strong?  One who conquers one’s inclinations.  Usually, we use this teaching to emphasize that true strength is not about physical might, but rather the ability to control our passions.  While Israel has indeed demonstrated its physical prowess in the present war, we are strong in the fullest sense when we remain focused on our goals while maintaining our values.

When we see how our brave soldiers have comported themselves these last three weeks, we can only be proud of their strength, both in their success on the battlefield, and in maintaing their humanity while pursuing the military goals.

What are those goals?  Prime Minister Benjamin Netanyahu stated it clearly in an interview this past Saturday night: “…restoring quiet to Israel’s citizens for a prolonged period while inflicting a significant blow on the infrastructures of Hamas and the other terrorist organizations in Gaza,”

Specifically, that means eliminating the thousands of rockets and other weapons and destroying the network of tunnels that Hamas uses to transport arms and personnel.

But there is an ethical principle at play as well: to minimize civilian casualties – on both sides of the border.

While voices around the world shout about the massacre of innocent civilians, pointing to the discrepancy between Israeli and Palestinian deaths like a scorecard at a sports game, the truth is quite the opposite.  In every war, sadly, civilians are killed.  Did you know that, because of the IDF’s preoccupation with protecting innocents for decades, the ratio of civilians to militants killed has been lower by far than in any other conflict around the world.

How does Israel protect civilians?  On the Israeli side of the border: by building reinforced bomb shelters, by operating an incredibly sophisticated early warning system so that Israelis have time to find cover before the rockets fall, and by developing, with the United States, the Iron Dome, which has prevented most rockets from landing in populated areas with a remarkable 90% success rate.

Because every life is treasured as an olam kattan, a small world, we are committed to doing absolutely everything to keeping our people safe.  We see this in the outpouring of heartfelt emotion and loss whenever there is a death or injury.

But what is truly remarkable is the way that Israel has gone out of its way, at the expense of military success, to protect the people of Gaza.  The IDF calls cell phones and drops leaflets to warn civilians in advance before destroying a target.  Then it launches a small projectile to “knock” the roof of a building as a warning to get out before the real missile is launched.  Did you know that Israel has been providing Gaza with humanitarian supplies while the fighting is taking place, and that the IDF has set up a field hospital on the border to care for wounded Palestinians?

These life-saving acts are unique to the IDF.  No military force in history has gone to such measures to protect the civilians of its military opponent.

Let us not be so condescending as to expect the other side to be grateful.  After all, there have been more than 600 Palestinian deaths in the last few weeks, many of whom are innocent civilians.  I would expect them to blame Israel.  How could they not?

But who is really responsible for the suffering in Gaza?

Hamas deliberately places its rocket launchers and weapons in locations like schools, hospitals, private homes, mosques, and even UN facilities.  When Israel tells civilians to flee so they will not be harmed, Hamas orders them to stay, to serve as human shields.

So far in this war, there have been two calls for temporary cease-fires for humanitarian purposes.  Israel accepted both of them right away and stopped fighting.  Hamas used those temporary lulls to immediately launch more than 70 rockets against Israeli civilians.

Hamas has used many tons of concrete that Israel has allowed into the Gaza Strip not for the construction of buildings and infrastructure that will improve lives, but for underground tunnels to carry on its relentless pursuit of death.  Hamas commanders are now using those tunnels to hide, safe from attack.  But are the underground bunkers made available to civilians?  No.  They are left above ground to fend for themselves.

What does Hamas want?  Death.  The death of Israeli civilians, and the death of Palestinian civilians.  Because they know how those images are perceived around the world.

In 1969, Golda Meir said, “When peace comes, we will perhaps in time be able to forgive the Arabs for killing our sons, but it will be harder for us to forgive them for having forced us to kill their sons.”  What a perverse reality!

This is not a war that any of us want.  But while it continues, we pray for the safety of our brothers and sisters in Israel’s Defense Forces.  We pray for the millions of Israelis living under the constant fear of terror from above.  And we pray for all those who suffer in Gaza.  We mourn the deaths of the young soldiers who have been killed defending the Jewish people.  We mourn for the civilians, Israeli and Palestinian, Jewish and Muslim, who have died.  Our hearts go out to their families.

And we pray for both kinds of strength for Israel’s leaders, its soldiers, its people, and Jews everywhere: the strength to be victorious, and the strength to maintain our humanity in the face of chaos.

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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Shelach Lekha 5774 – Making the Minyan

A man living in Jerusalem was saying the mourner’s kaddish for his mother.  That’s the prayer that Jews say for eleven months after the death of a parent.  In order to say it, however, one needs to be praying with a minyan, a quorum of ten Jewish adults over the age of Bar Mitzvah.

Every day, consistently, the man would go to a synagogue so that he could pray with a minyan, and thus be able to say the prayer.  One night, the man returns home really late, at 3 am.  He collapses into bed, exhausted.  As soon as he turns out the light, he bolts upright.  “Oh no!  I did not pray Arvit!” the evening prayer.  “I missed saying kaddish for my mother!”

With tremendous effort, he drags himself out of bed and starts to dress.

Where is he going to find a minyan at this hour?

No problem.  As anyone who lives in Jerusalem can tell you, day or night, you can always find a minyan at the Shteibelach— a building filled with a bunch of small synagogues in the Zichron Moshe neighborhood.  People gather in one of the rooms, and as soon as a minyan shows up, they start praying.  You can show up at pretty much any time of day and find a service about to begin.

But not at 3 am.  When the man gets to the shteibelach, it is empty.

He takes out his cell phone and dials the number for a taxi company.

“Hello! Can you please send six taxis to the Shteibelach in Zichron Moshe?”

Adoni (my dear sir)! It’s three o’clock in the morning! You think I have six taxis? What do you think I am, a magician? …I only have five.”

“Okay. So send five!”

He dials another number. “Hello, please send five taxis to Zichron Moshe…”

Atah meshugah! You’re crazy! I only have four!

“Fine.  I’ll take them.”

Within twenty minutes, there is a line of nine taxicabs parked neatly outside the Shteiblach.

Adoni,” says one of the drivers, “Why do you need nine taxis? There’s no wedding here, no Bar Mitzvah, nothing.”

“I want you all to turn your meters on and come inside with me. We are going to pray together the evening prayer — arvit.  I will pay each of you just as if you’re giving me a lift.”

These taxi drivers are not observant Jews.  Some of them have not been inside a synagogue since their Bar Mitzvah.  Although they are fluent in Hebrew, they have no idea how to pray: what and when to answer; when to speak aloud and when to stay quiet.

It takes them quite a while. But the kaddish man, shows them exactly what do do.  At 3:30 am in Jerusalem that night, he is able to say kaddish for his mother.

Afterwards, they all go outside to the taxis; the meters in the cars are pushing upwards of 90 shekels per car.  The man pulls out his wallet and starts to count out the approximately 800 shekels it is going to cost him.  That is more than two hundred dollars

“How much do I owe you?” he asks the first taxi driver in the line.

Adoni, what do you take me for? Do you honestly believe I would take money from you. who just gave me such an opportunity to help my fellow Jew say kaddish?”

He moves down the line to the second driver, who gives him the same answer.  “Do you know how long it is since I prayed?”

And the third and the fourth, all the way down the line to the ninth…

Not one takes a shekel.

And so they embrace and drive off to a new morning in the holy city of Jerusalem!

 

The name of the prayer the man said, the Kaddish, comes from the word Kadosh, meaning holy.  It is an ancient prayer in which we publicly proclaim the sanctity, or holiness, of God’s name.  A leader recites the words, and the congregation responds in certain places with various interjections: Amen, B’rikh Hu, or Y’hei Sh’mei Rabba m’vorach l’alam ul’almei almayah – May God’s great name be blessed throughout Eternity.  The Rabbis of the Talmud think it is so important that they declare that a person who responds to the Kaddish with enthusiasm is assured of a place in the world to come.

There are other important prayers that are also connected to this word.  The Kedushah is the special set of verses that we recite during the reader’s repetition of the Amidah.  In it, we act as if we are Divine Beings, blessing God like the angels.

In order to be able to recite both the Kaddish and the Kedushah, we are required to have a minyan.  A person praying alone, or in a group of less than ten Jewish adults, must skip over those sections of the service.

Why is that?

Our Rabbis of the Talmud teach that “Any words of holiness may not be recited with less than ten.”  (Babylonian Talmud, Megillah 23b)  In order to sanctify God’s name, that is to say, declare God’s holiness in a particularly special way, we must have a minyan.

In addition to reciting the Kaddish and the Kedushah, the Talmud identifies other religious actions which also require ten.   Chanting the Torah in public, invoking God during the introduction to the Grace After Meals, and forming a line away from a funeral to comfort the mourners are several more examples.

In ancient times, only Jewish males over the age of Bar Mitzvah were included to make up a minyan.  In recent years in the Conservative movement, we have expanded our interpretation of Jewish law to include Jewish females over the age of Bat Mitzvah as well.

Our tradition has always placed great value on communal prayer.  In Judaism, our prayers are said to reach higher into the heavenly chambers when we are together in a minyan as compared to when we pray alone.  The Talmud teaches, “Whenever ten pray together, the Shechinah (God’s Presence) is with them.”  (BT, Berachot 6a)  It seems to be taken almost as a given that minyan equals ten.

But there must be a reason.  Why ten?

Whenever I pose the question, I tend to receive several responses.

The first, and perhaps most obvious: ten fingers.

The second is from the Book of Genesis, when Abraham argues with God over the fate of wicked inhabitants of the cities of Sodom and Gomorrah.  He convinces God to save the cities if ten righteous individuals can be found.  Alas, ten cannot be found, and the cities are demolished.

But the reason that is offered by our ancient sources is different.

The Talmud identifies this morning’s Torah portion as the origin of the minyan.  It uses a particular kind of interpretational tool called a gezera shava.  A verbal analogy.  The way a gezera shava works is as follows.  We identify two completely separate biblical passages that have nothing to do with one another.  They do, however, share a word in common.  That word in common allows us to make an analogy between the two verses.  If something is true in one verse, it must also be true in the other verse.

The Tamud asks why is it the case that God’s name cannot be sanctified with less than a minyan of ten Jewish adults.  Now please bear with me for a minute.  This is kind of complicated.

Rabbenai, the brother of Rabbi Hiyya bar Abba, a Babylonian Sage from the third century, brings the answer, using a two step gezera shave.  (BT Berachot 21b)

Here is step one.  In this morning’s Torah portion, after the spies have given their report about the land of Israel and its inhabitants, sowing seeds of panic amongst the people, God becomes enraged.  Ad matai la-edah ha-ra’ah hazot asher hemah malinim alai – “How much longer shall that wicked community keep muttering against Me?”  (Numbers 14:27)  In next week’s portion, Moses and Aaron are facing a challenge from their cousin Korach and his followers.  Again, God becomes angry, and instruct Moses and Aaron to back off from the rebels so that God can cause the ground to swallow them alive.  Hibad’lu mitokh ha-edah ha-zot – “Separate yourselves from among this congregation!”  (Numbers 16:21)

Notice that the word edah, meaning “congregation,” appears in both passages.  In the first one, the story of the spies, we know exactly how many people are present.  There are twelve spies in total.  Joshua and Caleb bring a positive report.  That leaves ten remaining spies.  Therefore, we conclude, the word edah refers to a group of at least ten individuals.

Now for step two.  Back in Leviticus, God declares v’nikdashti b’tokh b’nei Yisrael – “And I will be sanctified among the children of Israel.”  (Leviticus 22:32)  Again we refer to the verse from next week’s Torah portion: hibad’lu mitokh ha-edah ha-zot – “Separate yourselves from among this congregation.”

Now we focus on the common word tokh – “among” – which appears in both passages.  If God is to be sanctified b’tokh – “among” – the children of Israel, exactly how many does that imply?  Well, since tokh and edah – “congregation” – appear together in the other verse, it must mean at least an edah‘s worth.  How many is an edah?  From the story of the spies, we know it is at least ten.

Therefore, to sanctify God’s name requires at least ten Jewish adults to come together.

Admittedly, this explanation seems convoluted, and perhaps a bit of a stretch.  It is quite possibly an after-the-fact justification of a long-accepted and widely-embraced tradition.  But there is a deeper message that goes beyond the linguistic gymnastics.

The whole concept of a minyan is quite positive.  It encourages community.  Jewish worship takes place not in a synagogue, but in any place where ten Jewish adults come together.  It is about the people, not the building.

For thousands of years, the idea of the minyan reinforced Jews’ motivation to live in close proximity to one another.  Jews needed to be able to pray together, support one another in times of loss, and celebrate holidays with community.  Even God is sanctified when Jews form a minyan. It is impossible to lead a complete Jewish existence by oneself.

But the origin of the number ten, we now learn, comes from what is perhaps the greatest sin committed by the Israelites in the entire Torah.  Believing the spies that they have no hope of defeating the Canaanites and conquering the Land of Israel is the sin that earns the Israelites forty years of wandering in the wilderness.  After all they have seen, the miracles in Egypt, the splitting of the Sea of Reeds, the Revelation at Mount Sinai, the Israelites lack the imagination and the faith to believe that God can deliver the land into their hands, as promised.

Rooting the minyan in this story of faithlessness is ironic.

Perhaps joining together in the same symbolic number gives us the opportunity to repent of our ancestors lack of faith.  Once upon a time, it was ten people who failed to sanctify God.  Now we come together as ten to sanctify God.

Perhaps another lesson is that things can go either way.  When we come together in community, things can go the way of the ten spies, in which one person’s fears spread to the entire group.  Or, we can inspire one another.  One person’s kavannah, spiritual focus, can help the other worshippers express what is in their hearts too.

In the story of the nine taxi drivers, one mourner’s kavannah to honor his mother by saying kaddish for a year inspired the rest of the minyan to connect to a ritual that they had not encountered for many years.  Surely, God’s Presence was among that edah, that holy congregation, at 3:30 am that morning in Jerusalem.

When we come together as a community, whether to worship here in the sanctuary on Shabbat, or to support someone during shiva, the week of mourning, our kavannah can be contagious.  We give each other strength: strength to connect with what is in our hearts, strength to express ourselves with honesty, strength to connect with each other, with our tradition, and with God.

In that way, God is truly sanctified amongst the People of Israel.

Why BDS is completely misguided

In the past year, the Boycott, Divestment, Sanctions movement, otherwise known as BDS, has really heated up.

The BDS movement tries to apply economic and political pressure on Israel to acheive its three goals, which are, in its words:

1.  the end of Israeli occupation and colonization of Arab land

2.  full equality for Arab-Palestinian citizens of Israel

3.  respect for the right of return for Palestinian refugees

They use three main tactics.  The first tactic is a boycott of Israeli products and companies which they claim profit from violating Palestinian rights.  There is also a cultural boycott: convincing artists and musicians to refuse to perform in Israel.  And finally. there are academic boycotts, whereby Israeli professors and academic institutions are not permitted to participate in partnerships, conferences, and academic collaborations.

The second tactic is divestment, which means convincing those who control pension funds or universities with large endowments to not hold in their portfolios any stocks of corporations which they claim are complicit in violating Palestinian rights.

The third tactic is sanctions, which means keeping Israel out of various diplomatic and economic forums.

More generally, the BDS movement tries to negatively influence public opinion about Israel.

There have been a number of prominent people who have joined in on the boycott.  Stephen Hawking boycotted the Israeli Presidential Conference last year.  Also last year, the Association for Asian American Studies announced a boycott of Israeli universities and academic institutions.  Roger Waters, former front man for Pink Floyd, has been quite vocal in his participation in the BDS movement.

You may have heard the flap around the SodaStream commercial during the Superbowl this year.   SodaStream is an Israeli company based in Ashkelon that has a factory in the West Bank.  So, it has been included in the boycott.  The actor Scarlett Johanson, in addition to being the star of the commercial, had also been an official ambassador for Oxfam for eight years.  Oxfam supports BDS.

When all of this went public, Scarlett Johanson resigned her position with Oxfam (which is a big score for the Jewish people).

The ironic thing is that the SodaStream factory is a model for economic cooperation.  It employs Israeli Jews and Arabs along with Palestinians.  The Palestinians are paid way above market rates and recieve great benefits.  They are given a lot of workplace employee protections.  The CEO of SodaStream built the factory explicitly to promote economic cooperation and further the cause of peace.

But the BDS folks went crazy over Scarlett Johanson sticking to her principles and resigning from Oxfam.

There have also been numerous attempts on universtity campuses to pass student resolutions calling for endowments to divest from Israeli corporations.  I will speak more about that later.

What is wrong with BDS?  On its surface, the idea of nonviolent protest for a political cause seems reasonable.  It’s better than suicide bombings.  But the BDS movement is deeply flawed for a number of reasons.

First of all, while the BDS movement is not explicitly anti-semitic, many of those who are involved in it are, and the rhetoric often turns nasty and personal.

The BDS movement does not actually target Israeli policies.  Rather, it aims to undermine the very legitimacy of Israel.

The idea that Israel, more than any other nation in the world, is deserving of a boycott, divestment and sanctions campaign is fundamentally ridiculous.  Israel is far from perfect.  There are many injustices in Israeli society, including in its treatment of Arab citizens in Israel and Palestinians in the territories.  The government has made a number of mistakes which have harmed the peace process.

That said, I don’t need to remind you that Israel is the only democracy in the Middle East.  It is one of the most progressive countries in the world with regard to gay rights and women’s rights.  It is the only country in the Middle East with a free press.  Arab Israelis vote, serve in government, and bring cases to the Israeli Supreme Court where they are heard by Jewish and Arab justices sitting next to each other.

The BDS movement singles out Israel for denying citizenship to Palestinians.  Let us remember that Palestinians are not Israelis.  They, in fact, vote in Palestinian elections.  Compare their enfranchisement to the rights of the vast numbers of Palestinians living in refugee camps in other Arab countries like Lebanon, Syria, and Kuwait, where they have been denied citizenship for generations and live in horrible conditions.  Why?  Because those regimes are terrified that large numbers of Palestinians might further destabilize their hold on power.  Also, because it has enabled them to keep the pressure on Israel ratched up for the past sixty years.

Where is the protest on behalf of the one hundred fifty thousand people killed and millions of displaced Syrians?  Where are the campus protests calling for an end to discrimination against women in Saudi Arabia?  Why is there no movement to eliminate honor killings, which are accepted outright in some societies, or treated in other legal systems (such as the Palestinian Authority) as a mitigating factor that carries a lighter sentence.

Not to excuse improper actions by the Israeli government, but there is at best a gross naivety when one compares the moral challenges in the Israeli-Palestinian conflict with some of the terrible atrocities that are committed in repressive societies around the world.

This is nothing new for Israel.  Israel has been held to an unequal standard for its entire existence.  Of the 1822 resolutions passed by the U.N between 1948 and 2009, 235 involved Israel, which equates to 13% of all resolutions.  Since the formation of the United Nations Human Rights Council in 2006, Israel has been condemned forty five times, which comprises 45.9% of all country-specific resolutions passed by the council.

Dealing with international condemnation is nothing new for Israel.  In fact, despite such antagonism throughout its existence, Israel has built a thriving society.  It long ago learned to ignore most of what comes out of the UN and the international community.  The following story illustrates the point.  To understand it, you will need to know that the Hebrew acronym for the U.N. is או”ם, “um.

It is 1955, and the Israeli cabinet is debating what to do about increasing cross-border fedeyeen terror attacks from Egypt.  They are considering whether to invade and capture the Gaza Strip to prevent the attacks, and are debating the international repercussions.  Prime Minister Moshe Sharett points out that if it had not been for the 1947 U.N. resolution, Israeli would not have been founded.  In response, David Ben Gurion, who was the Defense Minister at the time, snaps “Um shmum!”  And that has been a pretty good description of how Israel has felt about the United Nations ever since.

So what else it wrong with BDS?

Simply put – it will not work.

Israel has become so successful in the global economy.  Its businesses are integrated with corporations and countries around the world.  Just think about all of the connections between Silicon Valley and Israel.  National borders are becoming increasingly irrelevant when it comes to the expansion of global businesses.  I am highly doubtful that a BDS campaign could negatively impact the thriving Israeli business and academic climates in any meaningful way.  It’s just not going to work in a globalized world.

But there is another, far more important reason why the BDS movement is completely misguided.  Historically, whenever Israel has felt pressure from the outside, it has dug in with even greater stubborness.  The idea that imposing sanctions and boycotts will bring Israel to its knees and force it to give in is totally naive.  If anything, BDS will acheive the opposite result.

Those who want to promote the cause of the Palestinians, improve the chances for coexistence, and possibly even bring about a peaceful solution, ought to do the exact opposite of BDS.

Instead of pulling money out of corporations doing business in Israel, pour money in.  Invest in economic development in the West Bank.  Invest especially in joint business and research ventures between Israelis and Palestinians.  Build more SodaStream factories.  People are willing to make concessions when they feel secure and when they have hope that their lives will improve.  People will take risks for peace when they can see the realistic possibility that their children will enjoy a higher standard of living than they themselves have experienced.

That is only going to happen when there is not only dialogue on a grassroots level between Israelis and Palestinians, but when there are real economic incentives for building something together.

Unfortunately, the BDS movement is not actually interested in pursuing peace.  In calling for the right of return for all Palestinians to Israel and the granting of citizenship to all Palestinians, combined with intensive delegitimization, it seems clear that what the BDS movement is really after the dismantling of Israel as a Jewish state.

The most hurtful aspects of the BDS campaign, sadly, occur at universities.  On numerous campuses, local BDS groups bring forth resolutions calling for the university to divest from corporations that do business in Israel.  The tactics are often filled with intimidation.

There are practical reasons why divestment is a bad idea.  Harvard President Drew Faust said last year, “Significantly constraining investment options risks significantly constraining investment returns.”  In other words, artificially imposing limits on investment opportunities will result in less money available for university programs.  That is bad for students.

The other reason is ethical and political.  The Israeli-Palestinian conflict is not a one-sided issue.  The plight of the Palestinians is wrapped up in complicated international histories and relationships.  There are many parties that bear responsibility, including Arab governments, the Palestinian Authority, Hamas, and yes, Israel.  To single out one side is ignorant and irresponsible.

Plus, these kinds of movements on university campuses are often experienced by Jewish students, staff, and faculty as unfair and discriminatory.  BDS campaigns often intimidate students, stifle constructive debate, and repress free speech.

Jewish students at NYU and other universities recently had mock eviction notices placed under their doors.  Students are sometimes harrassed walking across campuses.  The tone of the rhetoric is often hateful, equating Israel with Nazi Germany or apartheid South Africa, and targeting pro-Israel students in ways that often cross the line of anti-Semitism.  Some BDS protests have turned violent.

It is happening all over the country.  Five UC campuses, including UC Santa Cruz last week, have passed BDS resolutions.

Also last week, the student Senate at the University of Washington resoundingly rejected a BDS resolution by a vote of 59 to 8, with 11 abstentions.  That is the biggest defeat of a BDS resolution so far, and that is pretty remarkable at a school like UW, which has a history of anti-Israel activity.

The reasons it failed at UW are important.  Hillel students spent a full two years preparing for a resolution that they knew would be coming.  They did so in a grassroots way that united individuals who did not agree with each other.  It brought together students on the right and the left who were affiliated with AIPAC, Stand With Us, and J Street.

As a result of their efforts, the broader student body felt that the dialogue that had taken place had been respectful and substantive.

The UW outcome is a tremendous victory that has left students feeling energized and empowered, but it comes at a cost.  For two years, Jewish students and leaders on campus devoted an enormous amount of their energies to defending Israel.  What was neglected?  After all, there is more to being Jewish than defending Israel.  Think of all of the positive Jewish programming that did not take place because of the resources devoted to defeating a BDS campaign.  University is supposed to be a time for gaining independence, being exposed to new ideas, and engaging in constructive dialogue with people of different backgrounds and opinions – not defending yourself from attack and discrimination.

In an article published after the victory, Rabbi Oren Hayon, the Executive Director at UW Hillel, describes the numerous students who came to him under tremendous stress.  He writes critically of the treatment of students by people on both sides of the issue as “‘troops’ to be mustered, ‘vessels’ to be filled, ‘fields’ to be planted, and ‘assets’ to be positioned.  Rarely, if ever,” he writes, “were they celebrated as thinkers, partners, or colleagues.”  That is a shame.

What can we do?

It seems that we may need to get more involved.  Not because BDS poses a great threat to Israel’s security, but because it places harmful pressure on Jews living in the Diaspora, especially college students.  And we cannot simply rely on campus Hillels to bear the burden.

One simple thing that is easy for all of us: Buy Israeli products.

Also, do not get into emotionally-laden shouting matches with BDS supporters.  You are not going to change their minds.  Speak about Israel with people you know: friends at work and at school.  Don’t be shy about it.  But always speak with respect, ask lots of questions, and always listen.

25th Anniversary of Women of the Wall – Toldot 5774

There are not many heroines in the Torah, so we must pay special attention to those we do have.

In Parshat Toldot, Isaac is the passive figure.  Rebecca is the one who takes charge – from the very beginning.  When her pregnancy is more than she can bear, God reveals to her that she is carrying twins, and that the older will serve the younger.

God entrusts her with the prophetic knowledge of who would recieve the blessing, placing her in a position of having to act in a bold and urgent manner

She sees what her husband does not – that Esau’s personality is not compatible with the blessing from God that Abraham has passed down to Isaac.  Esau, the hunter, is impulsive, and not much of a thinker.

It is Jacob, the thoughtful, intellectual, crafty son who will make a better person through whom to transfer the promise of blessing.

Later, after she has orchestrated Jacob’s theft of the blessing that Isaac meant from Esau, it is Rebecca who identifies the danger that her younger son now faces.  She counsels him to flee from Esau’s wrath by leaving home.  To achieve that end, she concocts a ruse to convince Isaac to send Jacob away.  She complains that there are no good women in the land of Canaan for Jacob to marry, and so Isaac sends him away to Rebecca’s family in Haran.

Once again, Rebecca’s clear perception of reality, her confident recognition of what needs to happen, and her quick response save the day, and quite possibly her son’s life.

It should not come as a surprise to us that the midrash identifies Rebecca as a Prophetess.

I have spoken about Women of the Wall before.  Last Spring, we held a Living Room Torah dedicated to learning about the history and struggles of this movement.  Rosh Chodesh Kislev, which will occur tomorrow, marks the twenty fifth anniversary of the founding of Women of the Wall, or N’shot Ha’Kotel in Hebrew.  Not only is it a significant anniversary, but it is also a time of great change and tremendous promise, not only for Women of the Wall, but for any Jew who believes that women should be able to play a public role in religiuos life.

Women of the Wall got started in 1988 during an international conference on women’s issues held in Jerusalem.  Rivka Haut, an Orthodox Jew from New York, presented an idea to borrow a Torah from a progressive synagogue and have a prayer service in the women’s section at the Western Wall.  She persuaded some of the conference participants to join her.  It was a diverse group made up of Orthodox, Conservative, Reform, and even secular Jews – mostly from America.

People at the Kotel were shocked.  Some event reacted by throwing chairs.  The police allowed the women’s service to take place for a while, then they arrested a few of the women for disturbing the peace.  In fact, what they had disturbed was the status quo.

And thus, Women of the Wall was born.

They have spent most of the past twenty five years arguing in the Israeli judicial system for access to pray at Judaism’s holiest site.  More than two decades ago, the courts issued a regulation prohibiting any prayer that is not in keeping with minhag hamakom (the custom of the place).

What is minhag hamakom?

It is difficult to say.  The Western Wall never functioned as a synagogue until after 1967.  In a de facto arrangement, Israeli secular law supported the Orthodox establishment’s total control over the site.  The ultra-Orthodox Rabbi of the Wall gets to define the minhag hamakom.

In 2003, courts designated the Robinson’s Arch area, which is in an archaeological park next to and below the Western Wall plaza, as a place where men and women could pray together with a Torah.  While egalitarian prayers could take place there, there were a lot of problems with the location.  People had to pay admission fees to get into the park.  They had to make reservations.  They didn’t get government funding.  It was not really a solution.

Plus, Women of the Wall did not want to have egalitarian services.  They wanted to have women’s only services.

Things have escalated over the past five years.  Until recently, the Israeli police followed the directives of the ultra-Orthodox Rabbi of the Wall, Shmuel Rabinowitz, an Israeli government employee.

There have been arrests nearly every month during Rosh Chodesh services.  Ultra-Orthodox Jews opposed to public women’s prayer would come out specifically to disturb them – shouting, spitting, and throwing chairs.

Women were forbidden from wearing tallitot, tefillin, reading from the Torah, and participating in public prayer in the women’s section at the kotel.  Women who violated this would often get arrested.

Over the last year, things have changed at an even more accelerated pace.  With increasing tension in Israel between ultra-Orthodox Jews and the rest of Israeli society over a host of issues, the government has begun to take on some of the sacred cows that it has left alone in the past.

For the first time, none of the ultra-Orthodox parties are in the ruling coalition in the Israeli government.  A few months ago, Prime Minister Netanyahu instructed Natan Sharansky, Chairman of the Jewish Agency, to come up with a compromise solution.  He developed a plan with three sections: men’s, women’s, and mixed.

Shortly afterwards, on April 14 this past Spring, five women were arrested for “disturbing the peace” during services for Rosh Chodesh Iyar.

The Jerusalem Magistrate Court wanted to release them immediately, but the police petitioned against it.  So it went to Judge Moshe Sobel of the Jerusalem District Court, who happens to be Orthodox.

He ruled that women wearing tallit and tefillin, and reading from Torah in the women’s section did not constitute “disturbing the peace” –  and were not breaking the law.  Women praying out loud as a minyan did not contradict what the law defines as “local custom.”  In fact, it was those who tried to stop them who were disturbing the peace.

Since then, Women of the Wall has continued to hold its monthly services, now with police protection.

There are still many ultra-Orthodox Jews who come to disturb them, including, in a recent development this summer, bussing in yeshiva girls to fill up the women’s section at the Kotel and hiss when members of Women of the Wall try to pray.

Despite Judge Sobel’s ruling, Women of the Wall is still not allowed to bring a Torah into the Women’s Section

Cabinet Secretary Avichai Mandelblit has been appointed to find a resolution – it is expected that they will adopt Natan Sharansky’s recommendations from last Spring to create a third, egalitarian section that is of equal status to the men’s and women’s sections

This solution has been very controversial for Women of the Wall.  Many members feel that they should stick to their goals of having full, equal access for women in the women’s section.

The leadership voted several weeks ago to compromise on some of their positions.  They realized that they were uniquely positioned to play a leadership role on behalf of Jewish groups and denominations that represent a majority of Jews around the world, including the Conservative and Reform movements.

Their compromise comes with conditions.  On Monday, they issued their demands.  Here are some of them:

• The new egalitarian space will need to accommodate at least 500 women and provide for direct physical contact with the Western Wall. It should be at the same level as the existing women’s prayer section and a natural extension of it.

• The new space should be open 24 hours a day, seven days a week. Entrance should be free of charge without the need to book the area in advance.

• The new space will be renamed to include the word “Kotel” in it. Instead of being called “Ezrat Yisrael,” it will be called “the Kotel – Ezrat Yisrael.”

• Half of the members of the authority administering the new space will be women, including members of Women of the Wall.

• The authority administering the new space will receive at least the same level of government funding as the Orthodox-run Western Wall Heritage Foundation, which today administers the entire area of the Kotel.

• The government will take active measures to refer visitors from abroad, school children, soldiers and visiting dignitaries to the new space. It will also hold official ceremonies there.

• Women of the Wall will participate in designing the new space to ensure that those women who wish to pray together, and not as part of a mixed service, have the means to do so, and that individuals with disabilities are provided with convenient access to the area.

• A sign will be displayed at the Western Wall commemorating its conquest by Israeli army paratroopers in 1967 (something that does not currently appear, anywhere, by the way).

• The authorities administering the different prayer spaces at the Western Wall will hold joint meetings six times a year.

• Control over the upper plaza of the Kotel (the area just above the segregated prayer spaces) be wrested from the hands of the Western Wall rabbi and be transferred to a new authority that will also administer the egalitarian space.  This would restrict the authority of the Kotel rabbi to the men’s and women’s sections only.

Until the demands are met, Women of the Wall will continue to hold their services in the women’s section, once a month on Rosh Hodesh.

They also demanded that the Mandelblit Committee address and prevent the actions of the Rabbi of the Kotel and ultra-Orthodox leaders who are organizing the monthly demonstrations against the Women of the Wall.

Women of the Wall’s plan would transform the overall Kotel area into a space that truly belongs to all of the Jewish people, giving control over the particular areas directly to the people who most need to use them.  It would give equal status and access to all expressions of Judaism: Orthodox, Conservative, Reform, and more.

As of a week ago, over 450 women had already registered to participate in Rosh Hodesh services on Monday morning at 8 am, Jerusalem time.  They will be streaming it live if anyone wants to watch from San Jose

As a Conservative Jew, I am grateful that Women of the Wall has taken the lead in the struggle for equal access to Judaism’s holiest and most symbolically significant site, even if I, as a man, cannot participate in their services.

I am reminded of Rebecca, who did not keep silent when she saw the urgent need and opportunity that was before her.

She knew, through prophetic encounter with God, and perhaps through the wisdom that only a mother can have, that blessing needed to flow to someone who would not otherwise be in a position to receive it.  And that person was Jacob.

Where would we be if Rebecca’s voice had been silenced?  Without her courage, and her unwillingness to be placed into the subservient position that she would otherwise have occupied, Jacob would never have fulfilled his destiny, and the Jewish people would never have come into being.

We are witnessing a remarkable event unfolding.  If the trajectory of the last year continues, if Women of the Wall continue to lead this struggle, and if the Netanyahu government continues to try to broker a fair compromise, we will see public recognition of feminist and egalitarian expressions of Judaism in the near future.

And that would truly be a continuation of God’s blessing.

Shut Up and Listen – Ki Tavo 5773

Ernesto Sirolli is an Italian aid worker. In a Ted talk, which is viewable online,*1* he tells the story of his first project in Africa, in the 1970’s. He was part of a group of Italians who decided to teach Zambian people how to grow food. So they went to Southern Zambia to a beautiful, fertile valley that led down into the Zambesi River, and they brought a bunch of Italian seeds, intending to teach the locals how to grow tomatoes and zucchini and so on.
The locals, of course, had absolutely no interest in doing that, so the Italians paid them to come and work. Sometimes they showed up. The Italians were amazed that, in such a fertile valley, there was no agriculture.
Instead of asking the Zambesi about it, the Italians said “Thank God we are here to save the Zambian people from starvation.”
Everything grew beautifully – better than in Italy, in fact. “Look how easy agriculture is,” they told the Zambians.
One night, when the tomatoes were big and ripe, two hundred hippos came up out of the river and ate every last vegetable that they had planted.
The Italians said to the Zambians: “My God! The hippos!”
And the Zambians said: “Yes. That’s why we have no agriculture here.”
“Why didn’t you tell us?”
“You never asked.”
Sometimes, it pays to listen.
It is the last day of Moses’ life, and he knows it. The Israelites are assembled before him in the Plains of Moab on the Eastern Side of the Jordan River. This is the next generation, the children of those who had left slavery in Egypt. They have all been born in the wilderness.
Now, they are poised to enter the land of Israel. Moses, knowing the end is near, has been giving a series of speeches to the people. He has reviewed the history of the Exodus. He has presented the laws, including those that will be applicable once they enter the Promised Land. And now, in this morning’s Parshah, he pronounces a series of blessings and curses which will befall them depending on how they uphold the terms of the covenant with God.
Moses turns to the people and says:
Hasket ush’ma yisrael
“Silence! Hear, O Israel!”*2*
This theme of listening has been a recurring one throughout the Book of Deuteronomy. Moses tells the people many to listen times. Our most famous prayer, the Shema, is from the Book of Deuteronomy. So it is not unusual that Moses tells the people to listen. What is unusual is that he tells them to shut up first. Hasket ush’ma. “Silence, and listen…” It is the only time in the entire Bible that the word hasket appears. When a word appears only once like this, scholars call it a hapax legomenon. As the medieval Rabbi and linguist Ibn Ezra comments, “its explanation is according to its context, for it has no parallels [in Scripture].”*3*
We are left with a question: If the idea of listening is so prevalent in Deuteronomy, why, on this single occasion, does Moses feel he needs to first tell the Israelites to be quiet? To answer that, let’s look at what he tells them to listen to this time:
hayom hazeh nih’yeta l’am ladonai elohekha
“Today you have become the people of the Lord your God.
Is this true? Is this day, at the end of the fortieth year of the Israelites’ wanderings, the day that they finally become God’s people? Didn’t that already happen a long time ago – at the time of the Exodus or at Mt. Sinai?
The great medieval commentator Rashi explains Moses’ instructions as follows: “You should consider every day as the day on which you entered into a covenant with [God].”*4*
Moses is not speaking just to the Israelites born in the wilderness. He speaks to all of us. He challenges all of us to treat “today” as the day on which we enter into a covenant with God.
Perhaps that explains why he tells the people to be quiet before he tells them to listen. Back at Sinai, they did not need to be told to shut up. There was a cacophonous sound and light show that overwhelmed the senses – earthquakes, thunder, lightning, fire, smoke, the sound of the shofar. Believe me, they were paying attention.
Forty years later, in Deuteronomy, there is no miraculous revelation by God. There are only words. In order to listen, to really listen, to what Moses is saying, the people must first stop talking. Only then can they, and we, open ourselves up to Torah and become the people of God.
“Shut up and listen!” he says. If we want to be a people of God, we have to stop making noise. We have to stop projecting ourselves and our egos out into the world.
In a world that is full of the noise of our own making, this is an important reminder. We tend to spend a lot more time talking than listening. When we do that, when we shut ourselves off from what the other has to say, we put up barriers. It is impossible to be in a relationship with someone to whom we do not listen.
I did a search online on the expression “Shut Up and Listen.” There were articles that advocated this approach for salespeople. We can be much more effective when we pause to listen to the customer say what the customer actually wants instead of telling the customer what he or she wants. Makes sense.
A self help column spoke about the importance of listening to criticism from other people. Rather than arguing back, it advocated simply saying “thank you,” and trying to really understand the critique. That is an important strategy that can help us learn about ourselves. Also makes sense.
And I found the story of the Italian aid worker in Zambia that I told earlier. The reason that more than one trillion dollars of Western aid money in Africa has done far more harm than good over the past fifty years is that most well-intentioned do-gooders don’t stop to ask people what they actually need. They would do well to shut up and listen.
While all of this may be true, that being quiet and listening may help us improve our sales numbers, or better ourselves, or help impoverished societies, Moses is getting at something deeper. He teaches us that the secret of being in an authentic relationship with another, whether it is a relationship with another human being, or a relationship with God, lies in our ability to shut up and listen.
Silence is more than just the absence of words. To be silent, we have to let go of our defense mechanisms. We have to stop acting as if “the world was created for me” and start acting like “I am but dust and ashes.” When we force down our ego, we create an open space that can be filled by another.
To be in a true relationship is to be in a covenantal relationship, which carries obligations.
The French Jewish philosopher Emanuel Levinas said that we encounter God when we truly look into another person’s face. Our self falls away and there is only the commanding Presence of the Other. Being in authentic relationship with another person is wrapped up with being in authentic relationship with God.
While there are many aspects of silence, it does come down to words. Words are our primary tools for projecting ourselves into the world. What if we only had a limited number of words that we could use each day?
The American poet Jeffrey McDaniel ponders this in his poem, The Quiet World.*5*

In an effort to get people to look
into each other’s eyes more,
and also to appease the mutes,
the government has decided
to allot each person exactly one hundred
and sixty-seven words, per day.

When the phone rings, I put it to my ear
without saying hello. In the restaurant
I point at chicken noodle soup.
I am adjusting well to the new way.

Late at night, I call my long distance lover,
proudly say I only used fifty-nine today.
I saved the rest for you.

When she doesn’t respond,
I know she’s used up all her words,
so I slowly whisper I love you
thirty-two and a third times.
After that, we just sit on the line
and listen to each other breathe.

Just imagine what it would be like.

*1*http://www.ted.com/talks/ernesto_sirolli_want_to_help_someone_shut_up_and_listen.html
*2*Deuteronomy 27:9
*3*Ibn Ezra on Deut. 27:9
*4*Rashi on Deut. 27:9
*5*Listen to author read the poem at: https://myspace.com/jeffreymcdaniel/music/album/the-forgiveness-parade-5886367

Blessings and Relationships – Balak 5773

We experience holiness and blessing when we truly see the other with an open heart. This is something that the Prophet Balaam is unable to do in this morning’s Torah portion.

We can understand Balaam through Martin Buber’s notion of relationships. For Buber, most of our relationships are what he calls “I-It.” We treat others as objects from whom we can get something. These are transactional encounters. What can this person do for me?

Think about the numerous interactions we have every day – at home, at school, at work. Most are transactional. This person is going to ring up my purchase, or bring me my food, fold my laundry, turn in a report, and so on.

The other type of relationship, the far more significant one, Buber calls “I-Thou.” This occurs when we encounter the other in its entirety. My whole being comes face to face with another’s whole being – and that encounter demands a response. Our relationships are only meaningful to the extent that we can truly encounter the other.

Ultimately, according to Buber, we enter into a relationship with God when we relate to the other as Thou.

Balaam treats everyone whom he encounters as an It. All of his relationships are transactional. He never really responds to Balak and his emissaries. They want to hire him to curse the Israelites, and he shrewdly leads them on: “I can’t do anything except what God tells me… but stay until tomorrow, maybe I’ll be able to come with you after all.” We get the impression that Balaam is stringing them along just to convince them to raise his pay.

Balaam treats his donkey as an It as well. The poor animal is only a mode of transportation to him. That is why Balaam does not hesitate to beat her when she stops moving. One would think that an animal that had been a faithful steed and companion all these years would deserve a bit of compassion – but Balaam considers her only for what she can do for him. He never truly sees her.

Because Balaam is treating everyone as an It, he cannot perceive the angel, who is a stand-in for God. His inability to authentically relate to the Other renders him incapable of sensing God’s Presence.

After two rounds of God placing words of blessing into Balaam’s mouth, he has at least recognized the pattern. So what does he do? Balaam looks down on the Israelites, and sees them encamped tribe by tribe. He sees something that impresses him, for this leads him to offer his own words of blessing:

Mah tovu ohalekha Ya’akov, mish-k’notekha Yisrael.

“How lovely are your tents O Jacob, your dwelling places O Israel.”

What is so “lovely” about the Israelites? That they truly relate to one another. They encounter their children, their parents, their spouses, their friends and neighbors as Thou, to use Buber’s terminology. It is this quality that makes them beloved of God and deserving of blessing.

Listen closely to how Balaam expresses the people’s loveliness. How lovely are your ohalim, “your tents,” and your mish-k’not, literally “your tabernacles,” or sanctuaries.

For a nomadic people in the wilderness, “your tents and your tabernacles” is the equivalent of saying “your homes and your synagogues.”

Balaam recognizes in our ancestors a quality that he himself lacks – that they treat one another as human beings with a divine spark. Not as an It from whom I can derive some advantage, but rather as a Thou who reflects the image of God. That is why God’s Presence resides with the people.

This quality has characterized Jewish life every since. The Torah’s commandments and our people’s traditions orient us towards living in meaningful relationships with each other – both in the home, and in community. This is how we experience holiness.

Holiness is encountered in relationships – but only when those relationships are unencumbered by greed and selfishness.

In his new book Relational Judaism, Dr. Ron Wolfson identifies the different levels of relationships that Jews encounter:

Between you and yourself; you and your family, your friends; between you and Jewish living and learning; between you and your community; Jewish Peoplehood; the State of Israel; and the whole world; and finally, between you and God.

Each of these levels of relationship can be holy, but only if we make the effort to encounter the other before us. If we want to experience holiness in our fast-paced, high tech world, we have to make an effort to encounter one another with our hearts. Our Jewish traditions in both home and community, if we would embrace them, are key.

Here are just a few examples. On Friday night, as part of the table rituals, it is customary for parents to bless their children. Granted, sometimes it can be a challenge to get them to sit still, but that moment of intimacy between parent and child, mediated through ancient words from the Torah, creates an opportunity for an I-Thou encounter.

Now shift to synagogue. At the end of Shabbat morning services, before we start eating, we recite kiddush together. Not individually, but together. Our custom is that, before reciting the final blessing over the wine, the leader chants savri, and everyone responds: l’chayim. “To life!” It is often a light-hearted moment, but think about what is taking place. We have come together from all over the place at the end of a busy week, spent time praying together, and are about to share a meal. But we don’t rush. We pause to declare the holiness of Shabbat. Not privately, but all together. And we shout out “to life!” It could be an intensely powerful moment, a joyous and holy moment, if we open our hearts.

And finally, when someone is in mourning for a loved one, the announcement goes out about shiva minyanim, services to be held in that person’s home. The community comes to them. And that includes for people we do not personally know. In a time of loss, we do not leave a person to be alone. We make sure that the mourner has a minyan, a community, to give the mourner an opportunity to recite the mourner’s kaddish – a prayer that is all about holiness.

When Balaam looked down on the Israelites, this must have been what he saw. Parents and children, friends, neighbors, and strangers, all treating one another as human beings in the image of God. People celebrating time together with joy and life. People comforting one another during periods of loss. When Balaam saw an entire nation living this way, he recognized something that had been missing in his own life. He recognized that God was with this people, and that they were truly blessed.

The Song of the Well – Chukat 5773

This morning, we read the famous story of Moses hitting the rock. But there is another brief passage in this morning’s Torah portion that also deals with water bubbling up from the rocky desert ground.

Towards the end of the parshah, the Israelites set out again on their journey, marching ever closer to the Promised Land. From Kadesh to Mount Hor, where Aaron the High Priest dies. From Mount Hor, an unsuccessful attempt to enter Canaan form the South. They turn right and head off to the East. Ovot, Iye Abarim, Wadi Zered, the River Arnon. They pass by the borders of Edom, and Moab. They are now East of the Dead Sea, in what is the modern day country of Jordan. Then, to a place called Be’er, where God suddenly instructs Moses to gather the people together.

“Assemble the people that I may give them water,”*1* God declares. Something is a little strange. Twice already in this parshah alone, the Israelites have complained about not having water to drink. The first time led to the disaster with the staff and the rock, and Moses and Aaron getting banned from the land of Israel. The second time resulted in a plague of fiery serpents.

Now, all of a sudden, God is calling the people together for a water break without any whining. Why the sudden change?

According to the Spanish commentator Abarbanel, God said “I don’t want to hear their complaints.” God is tired of the whining, and has just given in.

Perhaps.  In any event, the assembled Israelites suddenly burst into song. Az yashir yisrael et-hashirah hazot. “Then Israel sang this song.” I’m sorry, I don’t know the melody.

Spring up, O well – sing to it –

The well which the chieftains dug

which the nobles of the people started

with maces, with their own staffs.*2*

Then the Torah continues on with its story, describing the next stops in the Israelites’ journey.

This short episode is rather perplexing. According to the song, it does not seem to take a lot of effort to find these wells. The chieftains are digging them with a staff. One gets the impression that all they have to do is scratch the surface of the gravel a little bit, and water will come gushing forth.

But we know that water in the desert is no trifling thing. It is life and death. The book of Genesis contains stories of fighting over the rights to wells. Discovering a new well is momentous enough that the Torah goes out of its way to mention it. The discovery of a well is often considered to be miraculous. We know wells are important to the the Israelites, because they start complaining whenever they run out of water.

An Aramaic translation and commentary of the Torah expands on the obscure references in the song and fills in the gaps:

Then Israel sang this song of praise, when they settled and the well stayed, and when the when they moved on [so did the well] by the merit of Miriam: “Rise up, O well, rise up, O well!” They would sing and it would rise. This is the well of the forefathers, Abraham, Isaac and Jacob; the Great of the ancient past dug it; the leaders of the nation, Moses and Aaron, scribes of Israel, drew it out with their staffs.*3*

The song is not just a one time performance. For forty years, whenever Israel travels, the well travels with them. Some people are mentioned. It is on account of the merit of the Prophetess Miriam that the miraculous well stayed with them throughout their journeys. That is why, as soon as she dies in this morning’s parshah, the people are immediately without water.

But it is not only Miriam’s well. The well’s history extends back to the Patriarchs: Abraham, Isaac and Jacob.  Then Moses and Aaron are brought in to the story. They, with their staves, are able to draw water out of the ground.

But this is not just about water. Two terms in this song are metaphors that further expand the meaning.

First is the well itself. Water is understood to be a metaphor for Torah.

The second term is m’chokek. The original meaning is staff, or scepter. But already in the Bible, m’chokek takes on an sense . M’chokek also means ruler, or lawgiver. In ancient artistic depictions, rulers often hold a staff in their hands. Think of the symbolism of Moses’ staff.

And so, applying these metaphors to the song of the well, we have the following message: the chieftain who uses his staff to bring water out of the ground to quench the people’s thirst is likened to the teacher who brings out the Torah to quench the people’s spiritual thirst.

It is not only Moses, Aaron, and Miriam who draw out the water of the Patriarchs for the people. It is true of every teacher of Torah. Whoever interprets the ancient teachings of our tradition and shares that knowledge with the world is like that chieftain who can use the staff to find water in the desert.

While we, thankfully, can get water simply by turning on the tap, we do find ourselves in a different kind of wilderness. We live in a world in which it is very easy to lose our direction. We live far apart from each other. Traditional communities have broken down. We spend less time in face to face conversations and more time in front of screens. And we consume, consume, consume. Despite all of that consumption, I fear that many of us today are thirsty, whether we know it or not.

As Jews, it is the living waters of Torah that sustains us, that enables us to draw on the ancient wisdom of our tradition – a tradition that extends all the way back to Abraham, Isaac, Jacob, that nourished Miriam, Moses, Aaron, and the Israelites in the wilderness, and that continues to nourish us to this day. Maybe, like the Israelites, we should sing about it more.

 

*1*Numbers 21:16

*2*Numbers 21:17-18

*3*Targum Pseudo-Yonatan