Ki Teitzei 5779 – Don’t Promise Presents, Be In The Present

There is a common Hebrew expression: Bli neder, which means “without a vow.”  Bli Neder, I’ll pick you up tonight at 7.  Bli neder, I’ll bring the money that I owe you this Thursday.  Bli neder, I’ll have my High Holiday sermons done on time.

One of the laws in Parashat Ki Teitzei deals with nedarim, or vows.  A vow works likes this.  I’ve got something big coming up, and I feel like I am going to want God’s help.  Examples could include: the birth of a healthy child, victory in war, a successful business deal.

So I make a vow, promising to bring a specific gift to God.  It could be a sacrifice, or a donation of money, livestock, or grain to the Temple.  I might even vow to refrain from a particular activity, such as drinking wine or getting a haircut.

The Torah deals with the laws of vows in Parashat Ki Teitzei here in Deuteronomy as well as in an entire chapter at the end of the book of Numbers.  A number of Psalms express vows as well.

This morning’s parashah dedicates three verses to the topic.  The first verse warns that anyone who makes a vow had better fulfill it as quickly as possible.  No procrastinating, or else that person will incur guilt. The third verse emphasizes that any vow that crosses a person’s lips must be fulfilled.  The Torah provides no mechanism for nullifying a vow.

In between these two statements, the Torah provides a hint: “you incur no guilt if you refrain from vowing.”  Wink. Wink. Note the double negative—no guilt if you don’t vow.  If we read into it a little deeper, the Torah is saying that since there is no obligation whatsoever for a person to make a vow, why would anyone put such a burden upon themselves?

Vows were apparently quite common in ancient times. There are several famous vows in the Bible.  The Judge Samson and the Prophet Samuel are both dedicated to a lifetime of service to God in fulfillment of vows made by their respective mothers. Thanks mom.

The Patriarch Jacob makes a vow in the book of Genesis when he is about to the leave the land of Canaan with nothing but the shirt on his back.  He declares that if God is with him, protecting him and eventually returning him home, then Jacob will be faithful to God and dedicate ten percent of his future earnings.

The most notorious vow in the Bible occurs in the book of Judges.  The Chieftain Yiftach, about to lead the Israelites in battle against the Ammonites, makes the following declaration to God:

“If You deliver the Ammonites into my hands, then whatever comes out the door of my house to meet me on my safe return from the Ammonites shall be the Lord’s and shall be offered by me as a burnt offering.”

Yiftach, it can be assumed, is thinking it will be a goat or chicken.

God is with Yiftach, and he defeats his enemies.  When the warrior returns home, who should run out of the house, dancing with a timbrel in her hands to celebrate her father’s great victory but Yiftach’s daughter, his only child.  Yiftach is crushed, but his daughter understands the seriousness of the vow, and insists that her father fulfill it.

The Rabbis are aware of vows as well—and they don’t like them.  Drawing on our portion, the Rabbis invent ways to nullify vows.  They dedicate an entire Tractate of Talmud to the subject.

At one point, the Talmudic Sage Rav Dimi takes it a step further, declaring that anyone who makes a vow is a sinner, even if that person fulfills it. He proves it from Ki Teitzei.  The Torah states “you incur no guilt if you refrain from vowing.”  The Torah implies, therefore, that ‘you do incur guilt if you don’t refrain from vowing.’

Oy.  So many double negatives.

What’s the big problem with a vow?  The medieval commentator, Nachmanides, does not mince words.  God takes no pleasure in fools who make lots of vows.  The problem, he explains, is that unexpected things get in the way of us fulfilling so many of our commitments.  When it comes to something as serious as a vow, saying “I meant to do it, but circumstances made it impossible…” is not good enough.  There are no excuses.

Building on this this, the nineteenth century commentator, Samson Raphael Hirsch, says that we have enough trouble with our actions in the present.  A vow adds extra obligations for some future time, when we have no idea what unexpected events may get in our way.  “We should rest content with directing [our] actions every moment of [our] present existence, living it as it should be lived.  Whatever we will be called upon to do in the future constitutes our duty then, without undertaking it in the form of a vow.”

In just under four weeks, we will gather together for Yom Kippur.  At the very beginning, before the holiday actually begins, we will chant Kol Nidrei.  In fact, we name the entire service Kol NidreiKol Nidrei means “All vows.” It is not a prayer, but rather a legal statement.  We declare that all vows, oaths, pledges, and so on that we make from this Yom Kippur and next Yom Kippur are officially annulled.  Nidrana la nidrei.  “Our vows are not vows.”

When Kol Nidrei first appeared in the 9th century, the Rabbis didn’t like it.  But it was too popular with people.

The idea behind Kol Nidrei is that words matter.  Life is unpredictable.  I can never know for certain that I am going to be able to fulfill in the future the commitment that I make today.  But I want to be able to start the new year with a clean slate.  Kol Nidrei enables me to do that, to not be held back by all of my failures.  

Better, as Hirsch, advises, to live my life in the present as it should be lived.  With integrity and honesty.

The Beautiful Prisoner, The Great War, and the Yetzer Hara – Ki Teitzei 5778

This morning’s Torah portion, Ki Teitzei, contains more mitzvot, more commandments than any other parashah in the Torah.  Many of those mitzvot have direct applications to our lives today.  It is easy to see how these are timeless principles by which we ought to lead our lives.

Other mitzvot seem to be better suited for a different time and place.  In fact, we sometimes encounter mitzvot that seem to run counter to what we understand to be proper, moral behavior.

Before judging too harshly, we must remember to read on multiple levels.  Our first task is to try to understand what this law meant in the time and place in which it was given.  The Torah is a very old book.  Ancient social norms were vastly different.  We cannot judge ancient practices by modern sensibilities.

The second way of reading the text is to see it through the lens of Jewish tradition.  It turns out that our ancestors were also disturbed by some of the same things that disturb us, and they often came up with creative ways to interpret or allegorize difficult texts that made them meaningful and applicable to life in their own day.

Then, we can begin to consider how this difficult mitzvah might have meaning for us today.

The first mitzvah in today’s Torah portion is of this kind.  The opening verses describe the treatment of female captives by victorious Israelite warriors.  At a time when plunder and rape were standard practice in warfare, the Torah places extreme limits on the behavior of Israelites soldiers.

If a soldier takes a beautiful woman captive whom he desires, he cannot touch her.  Instead, he must bring her into his house.  She must shave her head, trim her nails, and go into mourning for thirty days.  Basically, he makes her as unappealing as possible.  Then, if the soldier still desires her, he must marry her.  If not, she goes free.

The Torah’s restriction on the behaviors of Israelite soldiers stands out in the history of human warfare until modern times.  Nowadays, the Geneva Convention includes accepted laws of ethical behavior in war which are agreed to by most nations in the world, including Israel.

The Torah’s regulations, therefore, would seem to be no longer relevant.

Rabbi Isaiah HaLevi Horovitz was a Polish Rabbi who moved to Tzfat in the Israel in 1621.  He was an important Kabbalist who had a great influence on Chasidism.   As is often the case, Rabbi Horovitz is best remembered not by his name, but by the acronym of his major literary work, the Shlah.  The Shlah, Shnei Luchot HaBrit, meaning “Two Tablets of the Covenant,” is a commentary on the Torah that was popular among Ashkenazi Jews.

In discussing the opening theme of Parashat Ki Teitzei, the Shlah acknowledges that the pshat, or plain meaning of the Torah, indeed describes laws and limitations of warfare.

But that is not what interests him.  The text hints at a more personal lesson pertaining to each individual human being.  The law about the woman captured in war is an allegory for an internal war that all of us wage.  It is the greatest war of all, the war against the yetzer hara, the evil inclination.

The Shlah tells a story:

There was once a pious man who encountered some soldiers returning from a war against their enemies.  With puffed up chests, they were carrying spoils that they had captured during the fierce battle.

He said to them: “You have just returned from the small war with your spoils.  Now prepare for the big war!”

“Big war?” they asked, looking around in surprise, as if there was an impending sneak attack.  “What are you talking about?”

To which he responded: “The war of the yetzer and his legions.”

The Shlah explains that when the Torah speaks of the soldier’s desire for the beautiful woman taken captive, it is really presenting an allegory about the pull of our urges.  Those urges are hard to resist.  They lead us down paths of self-destruction.  The Shlah equates committing a sin to losing a battle against our urges.  

In a real war, if one is victorious against one’s enemies over the course of a few battles, the enemies (usually) learn their lesson and surrender.  But the big war against the yetzer hara never ends, whether or not we are victorious in its individual battles.  That is the great war which all of us wage.

The soldier’s feelings of desire for the beautiful woman are a metaphor for our attraction to those urges that tempt us.  We desire many things: good food and drink, honor, wealth, possessions, power, recognition, sex.  The ultimate goal is not to suppress those feelings entirely, but rather to channel them appropriately.  The Shlah suggests that we do so by figuratively paring the nails and trimming the hair.  In other words, by making those desirable things less desirable.

The Torah recognizes that these urges are real, and in some senses are even good.  For without the Yetzer HaRa, the midrash teaches, nobody would ever build a house, get married, have children, or conduct business.  (Genesis Rabbah 9:7)

To this list we can add that the proper channeling of our urges leads to healthy living, meaningful friendships, supportive communities, joy.

Through this channeling of our urges, what might have been a sin is transformed into a merit.

The Talmud teaches that “in the place where those who have repented stand, those who are completely righteous cannot.”  (BT Berachot 34b)  The Shlah explains that because the penitent person has made mistakes, worked on them, and trained himself in the ability to resist temptations, he is thus better equipped to deal with new temptations when they arise.

It is the middle of the month of Elul.  We are just over two weeks from Rosh Hashanah, followed ten days later by Yom Kippur.  This is the time when we are supposed to be focused on cheshbon hanefesh, taking account of our souls.

Where am I in life right now?

Have I wronged anyone and not made amends?

Did I make promises that I have not kept?

Have I gone astray in other ways?

In some way, our yetzer hara is mixed up in every mistake or transgression we have committed.

My wrongdoing, my inability to control my desires, comes from selfishnesss and greed, from putting my own desires ahead of the needs of others.  My yetzer hara was victorious whenever I expressed my anger in ways that were hurtful to others, whenever I allowed my fear to cause inaction or laziness.

Let us use this annual time of introspection and life review to understand those moments when our urges have gotten the better of us.  What can we do to channel those desires into constructive actions that bring us closer to our loved ones, our friends, our community, and God?

Castrametation – Ki Teitzei 5777

I came across a new word just this past Thursday in a novel I am reading.  It was used as the title of one of the chapters.  “Castrametation.”  Does anyone know what it means?

Castrametation: the making or laying out of a military camp

Imagine my surprise the next day when I realized that castrametation is one of the themes in this week’s Torah portion, Parashat Ki Teitzei.

And you shall have a marker outside the camp and shall go there outside.  And you shall have a spike (tent peg) together with your battle gear, and it shall be, when you sit outside. you shall dig with it and go back and cover your excrement.  For the Lord your God walks about in the midst of your camp to rescue you and to give your enemies before you, and your camp shall be holy, that He should not see among you anything shamefully exposed and turn back from you.  (Deuteronomy 23:13-15)

On a p’shat – plain sense – level, the Torah is describing castrametation – how the military camp should be organized.  Of course, there is the obvious element of sanitation and hygiene, which are at least as significant to the end results of a war as the actual fighting itself

The Torah frames it not as an issue of health, but as an issue of Sanctity.  When Israel goes to war, God is with them.  Their victory depends on God fighting on their behalf.  For God to remain, the latrines must be dug – and used – outside of the camp.  It is not about germs.  It is about holiness.

As we might expect, Jewish tradition digs through the p’shat to find broader messages for our lives.  Several Talmudic midrashim see the various elements of this law metaphorically.

The first midrash (BT Yoma 75b)understands this message not as an instruction about how to set up a military camp, but rather an allusion to the condition of the Israelites’ digestive tracks during their time in the wilderness.  The midrash begins by quoting Psalm 78 (vss. 24-25) which, referring to the manna, states “Man did eat the bread of the mighty (abirim)”  The Gemara asks what abirim are.  Eventually, it suggests that  the word abirim should actually be read as eivarim, which means “limbs.”  The manna was completely absorbed into the Israelites bodies.  There was no waste whatsoever.  How convenient!

If that is the case, the Talmud asks, why do we have to be told to dig a latrine and bury our excrement?  After tossing a few ideas around, the answer is given:

After they sinned, [the manna was not as effective.] The Holy One, Blessed be He, said: I [initially] said [that] they would be like ministering angels [who do not produce waste]; now I will trouble them to walk three parasangs [to leave the camp in order to relieve themselves].

So this is really a story about Israel’s sinfulness.  At first, there is no need to build a latrine, and God can walk about the Israelite camp without a problem.  But when Israel sins – by complaining about the manna, says Rashi – their intestines become less efficient.  Now the Israelites have to periodically leave camp to do their business so that they can maintain it as a place in which God can continue to reside.

Midrash number two, from Tractate Sotah (BT Sotah 3b) also tells a story of sin in the wilderness.  But this time, the focus is not on the entire camp, but on individual homes.  At first, Rav Hisda teaches, the Shechinah – God’s Presence – would reside within each and every Israelite home.  After they sin, however, God turns away from them so that God does not see any unseemly matter.

The commentator Rashi explains that the types of sin in question are those pertaining to sexual immorality.  That is why the focus is on God’s Presence within the individual homes of the Israelites.

The final midrash (BT Ketubot 5a) shifts the focus to the everyday situations in which each of us finds ourselves.  Like the first one, this midrash relies upon a pun in the Hebrew.

Bar Kappara asks what the Torah means when it says “And you shall have a spike (tent peg) together with your battle gear.”  “Battle gear” in Hebrew is azeinekha.  Don’t read it as azeinekha, Bar Kappara says, but rather as oznekha, which means, “your ears.”  This means that if a person hears something unseemly, an inappropriate thing, he should place his spike, that is to say, his finger, into his years.

We are exposed to situations that we know are not good for us on a daily basis.  I’ll give just one example: gossip – the most pervasive, and potentially harmful, sin in the Torah.  Even if I am not the person spreading the gossip, even hearing it can have terrible effects.

Gossip certainly harms the person being gossiped about.  The spreader of gossip is committing a sin which Jewish tradition compares to murder.  And when I hear it, it produces negative feelings about the other person, and even harms my own sense of self.

According to this midrash, whenever I find myself in the company of people who are gossiping, I should shove my fingers in my ears – figuratively by walking away, or perhaps even literally.

These three midrashim shift the focus from castrametation to our ability to maintain a community and home in which we are grateful for the blessings around us, respectful of each other’s boundaries, and cognizant of the kinds of people and situations we should place ourselves.  God’s Presence in our midst depends on our ability to maintain proper boundaries.

A 19th century Chassidic Rabbi named Jacob Kattina wrote a book called Korban He’ani.  In it, he directs our attention to an acronym hidden in the text.

כִּי֩ יְ-הֹוָ֨ה אֱ-לֹהֶ֜יךָ מִתְהַלֵּ֣ךְ | בְּקֶ֣רֶב מַחֲנֶ֗ךָ לְהַצִּילְךָ֙ וְלָתֵ֤ת אֹיְבֶ֨יךָ֙ לְפָנֶ֔יךָ

For the Lord your God walks about in the midst of your camp to rescue you and to give your enemies before you.

The last four words of this phrase – לְהַצִּילְךָ֙ וְלָתֵ֤ת אֹיְבֶ֨יךָ֙ לְפָנֶ֔יךָ “to give your enemies before you” – begin with the letters ל ,א ,ו ,ל – which are the letters in Elul – אלול, the Hebrew month in which we currently find ourselves.

Elul is the month before Rosh Hashanah and Yom Kippur, when we are supposed to be engaged in cheshbon hanefesh, taking stock of our lives.  What sins are we carrying from the past year?  Where are the broken places in our relationships with each other?  What is keeping us from experiencing God’s Presence in our lives?

Rabbi Kattina sees in this verse a “hint that in this month, the Holy One can be found among the Jewish people.  He then cites the Rabbis’ teaching about the verse from Isaiah: “Seek the Lord while He can be found, call to Him while He is near.”  (Isaiah 55:6) The gates of repentance are open, therefore let there not be seen in you anything unseemly and let your encampment be holy.

Let us use these next few weeks take an honest look at ourselves, our homes, and our community.  God wants to walk among us, in our homes, and in our communities.  But it is up to us to make our communities, our homes, and our selves worthy of God’s Presence.

Shabbat Shalom.

You May Not Hide Yourself – Ki Teitzei 5776

Rabbi Hanina ben Dosa was known as a very pious man – so pious indeed that miracles were performed on his behalf.  He was also quite poor.

One day, his wife, let’s call her Mrs. Ben Dosa, found a a sack of chickens outside the front door of their house.  Someone had clearly bought them in the marketplace, and then misplaced them on the way home.

Looking around and seeing that there was nobody nearby, she brought the sackful of chickens inside the house and released them into the yard.  The birds started clucking away and pecking at the dirt, as chickens do.

When Rabbi Hanina found out, he instructed his wife, “don’t eat any of the chickens, they do not belong to us.  We have to wait for the owner to come back for them.”  But the owner did not come.

After a few days, the hens began laying eggs.  Mrs. Ben Dosa was overjoyed.  They could really use the extra food.  But Hanina insisted, “The eggs do not belong to us.  We must wait for the owner to return for them.”

Since the Ben Dosa’s could not eat them, the eggs eventually hatched.  Time passed, and the chicks grew into hens and roosters.  Pretty soon, the Ben Dosa home had become overrun with poultry.

Mrs. Ben Dosa was getting fed up, so she turned to her pious husband and demanded, “My darling husband, I was fine when you told me we couldn’t use the eggs.  But this is getting ridiculous.  You must do something about all of these chickens!”

So Rabbi Hanina took all of the fowl to the the marketplace, where he sold them.  With the proceeds, he bought two baby goats, which he brought back to his house.

The goats grew.  The goats begat more goats.  Eventually, the Ben Dosa house became even more crowded, smelly, and loud than ever before.  But Hanina insisted that they could not slaughter any of the goats, or drink any of the milk.

When she could not take it any more, Mrs. Ben Dosa stamped her foot and ordered her husband to do something about the goats.

So Hanina gathered up all of the animals and led them to the marketplace.  He sold them, and with the proceeds, he bought a calf.  The calf grew and grew until it had become a cow.

Some time later, there was a knock on the door.  A man asked, “Hi.  Some time back, I was coming home from the market with a sack of chickens.  I set it down somewhere, but I forgot where.  As I was passing by your home, it seemed familiar to me.  I’m curious.  Do you perhaps know what happened to the sack of chickens?”

Rabbi Hanina asked the man to describe the sack, which he did.  “Wait here one second,” Rabbi Hanina told the man, and then went inside the house.  “Here is your chicken,” Hanina declared, leading a healthy, full grown milk cow, “we tried to take care of it for you.”

“But, this is a cow!” the man declared.

Rabbi Hanina explained what happened, how the chickens became goats, which became a cow.

Overjoyed, the man exclaimed, “Rabbi Hanina, you are so kind.  I have never met someone so careful about returning lost things.  Thank you.”

When the man left, Hanina ducked his head back inside the house and shouted to his wife, “Honey, the guy came back for his chickens!”

“Thank God,” she declared, “but did he recognize them?”  (from BT Taanit 25a and The Family Book of Midrash, by Barbara Diamond Goldin)

This is a story from the Talmud about how far a person might go to fulfill the mitzvah of hashevat aveidah, returning lost objects.  The origin of this mitzvah appears in this morning’s Torah portion, Parashat Ki Teitzei.

If you see your fellow’s ox or sheep gone astray, do not ignore it; you must take it back to your fellow.  If your fellow does not live near you or you do not know who he is, you shall bring it home and it shall remain with you until your fellow claims it; then you shall give it back to him.  You shall do the same with his ass; you shall do the same with his garment; and so too shall you do with anything that your fellow loses and you find: you must not remain indifferent.  (Deut. 22:1-3)

Jewish law has a lot to say about this mitzvah.  If we find a lost object, our tradition teaches us that we are supposed to care for it, that we may not profit from  it, and that we owe any earnings that accrue to the owner once it is restored.

As we might imagine, the tradition unpacks the issue, taking into account where an object is found, what constitutes an identifying mark, the reimbursement due to the finder for expenses incurred caring for the lost item, how long the item must be cared for before the finder can claim it, and so on.

On its surface, this mitzvah is about property.  But the final phrase that the Torah uses suggests that there is something more at stake.  Lo tukhal l’hit’alem.  “You may not remain indifferent.”  Or perhaps a better translation would be, “You may not hide yourself.”

Why does the Torah, which never uses superfluous language, add this extra phrase?

Bahya ibn Paquda, a medieval Spanish philosopher, suggests that the mitzvah of returning lost objects is related to the principle v’ahavta l’re’ekha kamokha – “love your neighbor as yourself.”  (Lev. 19:18)  Property is an extension of the person.  So to care for another person’s lost possession is to care for that person.

There is a similar passage in Sefer Shemot, the Book of Exodus, but with a notable difference.  Instead of instructing us to return our “fellow’s” lost item, we are told we must return even our “enemy’s” lost item.

Perhaps this might help us understand the significant of “You may not hide yourself.”  It is so easy, when seeing another person experiencing hardship, to avert our eyes.  To not step in to help.  Getting involved takes time and effort.  It distracts us from our own interests, and keeps us away from taking care of our own needs.

For many people, the natural instinct is to turn away.  So the Torah tells us that when we find something that is lost, we can’t ignore it.  Even if it belongs to our enemy.  Keep in mind that if it is lost, the owner is not around.  It is so easy to hide ourselves, or to simply claim the item as our own.  Finders Keepers.  After all, no one will know.  But God will know.  And we, ourselves, will know.

Rabbi Aharon of Barcelona, the author of Sefer HaChinuch, says that the mitzvah of returning lost objects benefits everyone in society, and indeed the social order itself.  After all, we all lose things from time to time.  Goats, donkeys, chickens, car keys, cell phones.

Wouldn’t it be great to live in a society in which we knew that our fellows, even those whom we don’t get along so well with, took care of one another’s things, and one another, as an expression of love?