If the seventh day arrives and there is nobody there to observe it, is it holy? – Rosh Hashanah 5780

What is today’s date?

{The second of Tishrei.}

What happened on this day that we are commemorating?

{The world was created.}

It is actually a bit more nuanced than this.  For creation was not a one day event.  It took seven: six days for God to bring into existence everything that is, and a seventh day for God to cease working and rest.

As the chronology goes, this week-long creation began on the 25th day of Elul—last month.  This means that the first day of Rosh Hashanah, which we observed yesterday, corresponded to the 6th day, the day on which God created humanity. Today, then, the second day of Rosh Hashanah, is the seventh and final day of Creation, when God rested.

But is this true?

Let me get something out of the way.  The world is not 5,780 years old.  Do not look to the Torah for either a scientific or historical account of how the universe came into being.  That is not the Torah’s purpose.  Classic commentators tell us: The Torah is written in language that human beings can comprehend.  Do not think that we can understand anything about how God created the world.

In our Mahzor, we declare Hayom harat olam.  “Today the world is conceived.”  But, nowhere in the Bible is there a direct indication that today is the birthday of the world.

As late as the Talmud (BT Rosh Hashanah 10b-11a), rabbis were arguing about when the world was created.  Go figure.  Rabbi Eliezer says it was in Tishrei.  But Rabbi Yehoshua says that it was in Nisan, in the Spring.  Each of them bring biblical verses to try to prove their points, and the Talmud raises objections to both. Our observance today clearly follows the opinion of Rabbi Eliezer.  

But how can either of them know when the world was created, or when the new year should begin?  For that matter, why does the week have seven days?  Is there something inherently special about the number 7?

The ancient Romans had an 8 day week.  The Aztecs and Mayans used a 13 day week.  During the French Revolution, there was an attempt to change over to a ten day week, which was seen as more modern and scientific.  It failed after nine and a half years.

Is there something inherently special about Tishrei vs. Nisan, or about a week that lasts 7 days, as opposed to 8, 10, or 13? Are these numbers independently meaningful, or are they significant because we decided to make them so?  If the seventh day arrives and there is nobody there to observe it, is it holy?

This is the theological equivalent of asking, “If a tree falls in the forest and nobody is around, does it make a sound?”

Our sages have answers to these questions.  They draw a distinction between the counting of the days of the week and the determination of when the months and the years are supposed to begin. The responsibility and authority for setting the calendar is granted to human beings.  In ancient times, the Sanhedrin accepted testimony from witnesses who had claimed to see the new moon.

When the Sanhedrin was satisfied, they would declare: M’kudash M’kudash.  Sanctified!  Sanctified  That day was declared to be Rosh Chodesh, the first day of the new month.  The correct observance of holidays depended on the decision that the Sanhedrin made. They knew exactly when the moon was supposed to appear.  They understood the astronomy quite well, probably better than most of us in the room.

But, if it happened to be a cloudy night, or if the there was a problem with the witnesses, too bad.  The declaration would have to be put off until the next day.  This meant that the month sometimes began on the “wrong day.”  

When the Sanhedrin stopped meeting, the rabbis implemented the fixed calendar which we still use today.  They decided that Rosh Hashanah should never occur on a Sunday, Wednesday, or Friday.  Why?  To prevent Yom Kippur from falling on a Friday or a Sunday,  or Hoshanah Rabah falling on Shabbat, which would be really inconvenient.

Whenever the new moon appears on one of those days, Rosh Hashanah has to be delayed.  On particular occasions, it has to be pushed off by up to two days.

This goes against what the Torah says very plainly in today’s maftir:  “In the seventh month, on the first day of the month, you shall observe a sacred occasion.” (Numbers 29:1)  According to the Torah, our holiday should begin when the moon first appears.  Period.

This year, the new moon made its first appearance Sunday morning, at 5:50 am.  But, we cannot observe Rosh Hashanah on a Sunday, so we artificially pushed it off until the following day.

Does it seem strange that human beings would manipulate the calendar so brazenly?  What gave our ancestors the right, and why do we keep listening to them?

According to ancient teachings, in fact, permission and responsibility to set the calendar is granted to people. That is why, when we recite the kiddush for Rosh Hashanah, we say m’kadesh yisrael v’yom hazikaron.  Praised are You God, who sanctifies the people Israel and the Day of Remembrance.

Israel is mentioned first.  Why?  Because we are the ones who determine the day on which the holiday is going to be observed.  Don’t worry, everyone.  It’s all kosher.  We’ve got permission.

When it comes to Shabbat, however, there is absolutely no astronomical significance to a seven day week.  The blessing for kiddush is simply m’kadesh haShabbat.  Praise are you God, who sanctifies the Shabbat.  Human beings have no say in the matter.

How do we know that the day we think is Shabbat actually is Shabbat?  How confident are we that human beings have been counting to 7 consistently for the past 5,780 years? Is there anything special about the seventh day, or is it completely arbitrary?

An ancient midrash (Bereshit Rabbah 11:5; Pesikta Rabbati 23) poses that exact question in a conversation between Rabbi Akiva and the Roman Governor of Judea, Quintus Tineius Rufus.  The midrash names him Turnusrufus HaRasha.  Tyranus Rufus the Wicked.  He governed Judah during the 120’s and early 130’s, CE, during the beginning of the Bar Kochba revolt.

A number of legends describe the confrontations between these two figures.  Usually, Akiva comes out on top after the Roman tries to lay a rhetorical trap for him. It was Tineius Rufus who ordered the execution of Rabbi Akiva, when he refused to obey the decree banning the teaching of Torah.  But in a reversal from one particularly dramatic tale, (BT Avodah Zarah 20a) Rufus’ wife divorces him, converts to Judaism, and then marries Akiva.

In this story (Genesis Rabbah 11:5), the wicked Turnus Rufus asks Rabbi Akiva: “Why does this day differ from all other days?”  [Sound familiar?]

Akiva has a quick comeback, “Why does this man differ from all other men?”

Tinneus Rufus is already confused.  “What did I ask you and what did you answer me?’  He does not understand his own question, much less Akiva’s response.

So Akiva breaks it down for him.  “You asked me, ‘why is the Sabbath different from all other days?’ and I answered you, ‘Why is Rufus different from all other men?'”

“That’s easy,” laughs the Roman proudly.  “The emperor wanted to honor him.”

Akiva responds.  “It’s the same with Shabbat.  The Holy One wished to honor it.”

Rufus is not going to be swayed so easily.  “Prove it!” he tells Akiva.  In other words, he is asking if there is anything at all that is different about the seventh day; in the physical or even in the metaphysical world.  It’s a good question.  The rabbis often put good questions which might border on being heretical in the mouths of Romans.

“Let the River Sambatyon prove it!” Akiva declares.  The Sambatyon is a mythical river, the location of which is unknown.  He continues, “The Sambatyon flows along, carrying stones in its current for the whole week, but on the Sabbath, it stops flowing, allowing the stones to rest.”  

Rufus will have none of that.  “You are avoiding the question.”

“Fine,” Akiva says.  “Then let this necromancer prove it.  For every day, he summons the dead to rise up from Gehenna, but not on the Sabbath.  Go check it out with your father.”

So Rufus goes to test Akiva’s theory.  He has his own father summoned from the grave.  Every single day, his father comes up, but when the Sabbath arrives, he is a no-show.  Just to be sure, Rufus summons his father again on the following day, Sunday.  His father’s spirit is there, right on time.

So Rufus asks him, “Father!  Are you suddenly shomer shabbos?! Did you become Jewish after you died?  Did you convert?  Why did you come every day of the week but not on the Sabbath?” 

The father explains.  “Those who do not rest on the sabbath of their own free will while they are alive are forced to observe it here, against their will.”

“But what work is there from which you need to rest?” his son asks.

“Every day we are subjected to judgment and punishment,” Rufus’ father responds.  “But on Shabbat we get a break.”

So Rufus returns to Akiva.  “If it is as you say, that the Holy One observes the Sabbath, then then let Him not cause the winds to blow on that day, or cause the rains to fall, or make the plants grow?” 

This, of course, is the real question.  The earth keeps spinning, the plants keep growing, paying no heed to the Sabbath.  If everything happens according to God’s will, why is there no evidence of the sabbath whatsoever in the natural world?  We are asked to rest on the seventh day, just as God rested on the seventh day.  So how come nature doesn’t get a break?

Here, Akiva gets frustrated, “Let this man’s breath depart from him,” he mutters.  Then he answers with a particularly legalistic explanation.

First, let me explain.  On the Sabbath, there is a prohibition against carrying things outside of one’s private domain.  You may have heard of an eruv.  It is a technical way of combining lots of individual private domains into one giant, shared private space.  This enables observant Jews to carry things outside of their homes on the sabbath.  

So Akiva says to Rufus, “The entire world is God’s private domain, therefore it is permissible for God to cause all of these things to continue on the sabbath.”

And that is the end of the midrash.

With no disrespect to Rabbi Akiva, this is not a particularly convincing answer.  Certainly not one that Rufus would accept, or even understand.  God moving the winds and making the rain fall is the equivalent of a person carrying an object around the yard?!  Come on.  To come up with this answer, Akiva has to utilize a loophole developed by the rabbis, a legal invention that is nowhere in the Torah.

What matters to Tineius Rufus?  The power that he wields over Akiva and other men.  The honor given to him by the King.  He is a nihilist.  There is nothing more than the power and honor that a person can grab in their lifetime.

Akiva struggles to explain that there is something deeper, something that can only be appreciated by acknowledging the power of something that cannot be seen.

If the seventh day arrives and there is nobody there to observe it, is it holy?

We ask the same question about all sorts of things, not just Shabbat.  Is there any inherent meaning to the particular rituals and practices of Judaism?

All of this is really about the sacredness of time.  I would argue that there is, in fact, no inherent holiness from one moment to the next.  It takes people to make time sacred.

This requires from us a leap of faith.  To treat time as sacred is to stand in awe of Creation; to be aware simultaneously of how small and insignificant we are are and of how special and blessed we are.

We embrace a day as holy, knowing full well that the selection of this particular day is arbitrary, that the concept of holiness itself has no physical reality whatsoever.  By embracing the holiness of the day anyways, we relinquish the power to make time sacred to something greater than us.

This is the paradox inherent in ritual.  Ritual is just a series of symbolic actions.  But those rituals have the capacity to free us and make our lives infinitely meaningful.  But only if we take a leap.

What are the rituals of Rosh Hashanah?  What are the stories that we tell about this day that express its holiness and give it meaning?

Hayom.  On this day, we celebrate God’s creation of the world.  Earth is one year older.  It is a party.  A time for joy.

On this day, we sound the shofar.  It rings like a trumpet, announcing the King’s enthronement.  The blast recalls God’s mercy in accepting a ram for sacrifice instead of Isaac.  It wakens us to teshuvah.  The cry of the shofar evokes our own cries as we realize our mistakes.

On this day, God, the King, stands in Judgment.  Our deeds from the past year are weighed, and our destiny for the year ahead is determined.  But we have within us the ability to avert the severity of the decree through our actions: repentance, prayer, and tzedakah.

From this day until Yom Kippur, we can appeal the verdict.  We hope to push God up from the seat of judgment to the seat of mercy.  We know that we are imperfect, but we try our best, and we believe that we can be better, that personal transformation can and does happen.

So to all of us, on this second day of Rosh Hashanah, the day on which God rested after six days of work, the 5,780th birthday of the world, may this year be filled with blessings.  May our lives be enriched by the love of our family, friends, and community.  May this be a year of personal growth as we engage in learning and in working on our midot, our characters.  May God grant us peace: here at home, in Israel, and around the world.  May we and our loved ones be blessed with health, and with strength to face the challenges that will inevitably come.  

L’Shanah Tovah Tikateivu v’Techatemu.  May we all be written and sealed for a good year.

How to Disagree – Rosh Hashanah 5777

Resh Lakish and Rabbi Yochanan were the best of friends.  Their lives were intertwined from the Study Hall, to the home, and to their graves.  (BT Bava Metzia 84a)

Before they meet, Resh Lakish is an outlaw.  One day, as he is walking next to the Jordan River, he sees what he thinks is a beautiful woman in the water.  He enthusiastically removes his weapons and armor and jumps into the water.  To his surprise, the bathing beauty turns out, upon closer inspection, to be none other than Rabbi Yohanan.

“You are too pretty to be a man,” Resh Lakish declares.  “This beauty is wasted on you.  You should be a woman.”

With a sly look at the highwayman, Rabbi Yohanan responds, “But I have a sister.  And she is even more beautiful than I.  If you will repent of your wicked past, you can marry her.”

Reish Lakish eagerly agrees.  So Rabbi Yohanan brings him into the Beit Midrash and teaches him Torah and Mishnah, and transforms Resh Lakish into a great scholar.

They become brothers-in-law, study partners, and best friends.

One day, they are arguing a point of law in the study hall, and things get a little out of hand.   In a moment of frustration, Rabbi Yohanan brings up Resh Lakish’s past as a brigand.  The insults fly back and forth, and before they know it, they are refusing to speak with one another.  Rabbi Yohanan’s anger and hurt swirls about, invoking the spiritual realm.  As sometimes happens with holy men in Talmudic stories, this causes Resh Lakish to fall gravely ill.

Resh Lakish’s wife, Rabbi Yohanan’s sister, visits her brother in desperation, hoping his spiritual intervention might save her spouse.  “Please, my brother, pray for my husband, if only for the sake of his children, your nephews.”

Yohanan refuses.  “Your children can become orphans.  God will provide for them.”

“If not for the children’s sake, then, save him for my sake.  Don’t allow me to become a widow!”

“God takes care of widows,” he stubbornly insists.

Resh Lakish, without his friend to intercede on his behalf, dies.

Rabbi Yohanan, bereft of his friend, falls into a deep depression.  The Rabbis from the Study Hall are so concerned that they send Rabbi Elazar, a mild-mannered scholar, to console him.

Elazar sits by Yohanan’s bedside, and they begin to study together.  Every time Yohanan makes a statement, Elazar nods enthusiastically in agreement, and offers additional arguments to support him.

Yohanan is exasperated.  “Whenever I used to make a statement to Resh Lakish, he would have twenty four objections to me, to which I would have twenty four responses.  That is how we would deepen our knowledge of the law.  And you tell me, ‘Oh, here is something that supports you.’  I don’t need you to tell me that.  I already know that I am right!”

In despair, Rabbi Yohanan rends his garments in mourning and is overcome with weeping.  “Where are you, O son of Lakish?  Where are you?”  He cannot be consoled.

Seeing that there is no remedy for his heartbreak, the Rabbis of the Study Hall pray to God for mercy, and Yohanan dies.

This rich and tragic Talmudic story conveys so well, with deep emotion, Jewish values of machloket, disagreement.

We, as individuals and as a society, are in deep need of guidance when it comes to dealing with those who think differently than us.  Rosh Hashanah offers us an opportunity for taking stock of how we interact with one another in our homes and in our society.  With an election looming, it is an especially important time for us seek productive ways to address disagreement.  Perhaps our tradition can be a source of wisdom.

Let us be careful not to play the revisionist game and claim that there was a glorious time when human beings used to speak to each other with respect and honored opponents who held differing opinions.  And let us not be so naive as to suggest that Jewish culture, in contrast to all other traditions, has always tolerated other ideas.  It is simply not true.

But there is a well-developed idea within our intellectual history that portrays how human beings ought to treat those with whom we disagree.

The goal is not just the intellectual pursuit of Truth, but also the practical implementation of rules for society.  How can we live together when we disagree so fundamentally about how we should live?

The pursuit of truth and peace is best achieved through a blend of vigorous disagreement and mutual respect.  For us Jews, these are deeply held values that are the products of our own unique history.

For 2,000 years, we exercised our minds.  We perfected the art of seeking theoretical analyses of Biblical passages.  We debated the interpretations of the interpretations of the interpretations.  In great depth, we studied laws that had not been implemented for hundreds of years, and for which there was no hope of actual implementation.

As a result, we Jews got really good at reading texts and arguing about ideas.  Perhaps this was the result of our being an exiled people.  Without political autonomy, and no ability to exercise power beyond the confines of our small communities, we turned inward.  We expressed our power on the page and in the study hall.

If we could not fully implement our vision of what life ought to be in the world, we were at least free to develop a vision of the ideal in our minds.  In so doing, we held on to four primary principles of machloket, argument.

1.  Passionate argument is a good thing.  It makes us sharper, and it brings us closer to the truth.

2.  We must respect our opponents, even when we disagree with them.

3.  We can only claim to be in pursuit of truth if we are willing to be convinced by our adversaries’ arguments.

4.  Even when we cannot agree, we still need to find a way to live together.

If we could introduce these four principles into our current relationships, we would have a far more cohesive society.

The tragic story of Rabbi Yohanan and Resh Lakish introduces the issues with great humanity.  The situation begins to decline in the Study Hall.  In a moment of weakness, Rabbi Yohanan takes what, until that moment had been an intellectual disagreement, to heart.  Instead of offering a logical counterargument or accepting defeat, he insults his friend.  He knows exactly where to strike so that it will hurt the most.  He drags up Resh Lakish’s sordid past.

Never mind that Resh Lakish has done teshuvah, that he has left that world long behind.  In bringing it up, Rabbi Yohanan makes a power move, as if to say, “I may have lost this argument, but I am still more pious, holy, and wise than you.”

How often have we heard that?!  Resorting to name calling?  Dredging up personal attacks to avoid engaging with ideas?

Rabbi Yochanan holds the grudge, refusing to intervene to save his friend.  Even his sister cannot break through his stubbornness.

Only when it is too late does Rabbi Yochanan discover what he has done.  He realizes the value of argument.  With Resh Lakish as his intellectual jousting partner, Yochanan was sharpened.  He gained a deeper understanding of truth.

It is remarkable how relevant this ancient story is to our time.

At the extreme are ISIS and their ilk, who seek to create a world in which all who do not share their vision are killed or enslaved.

But there are plenty of other ways, permeating every layer of our civilization, in which we are becoming more polarized.  Our openness to even hearing the opinions of those who disagree with us seems to be waning.  This is a disturbing and dangerous trend.

The current presidential election campaign has been the most in-your-face example of this.  But then again, isn’t every election ugly?  This year is perhaps not an aberration, but a culmination of the building polarization of the past couple of decades.

We might point to the rise of certain consumer technology tools that have fed the flames of this divide.  The popularity of Twitter, with its short, truncated format, lends itself to oversimplification and name-calling.  The extreme ease of passing along internet memes through various forms of social media enables the ugliest characterizations and rumors to circumnavigate world with lightning-fast speed.

I do not mean to sound like a luddite, but there is a terribly harmful side to the miracle of instant communication.

Quite disturbing has been the trend over the past few years to suppress speech at, of all places, college campuses.  There have been numerous efforts to disinvite speakers – many of which have won.  Lecturers have been spat upon.  Speakers have been shouted down to such a degree that they could not continue.  Campus newspapers have been defunded.  Universities have drafted speech codes, the violation of which can result in professors losing jobs or students being expelled.

The evidence reveals that it is perpetrated by both the left and the right, sometimes in response to one another.  Students and professors have reported feeling that they have to self-suppress out of fear of repercussions.

These trends are creating pockets of like-minded thinkers who never have to face ideas that challenge them.  In the tragic story, it is the replacement of the feisty Resh Lakish by the “yes man,” Rabbi Elazar, that – quite literally – kills Rabbi Yochanan.  We should read it as a warning.

When we do permit ourselves to hear other perspectives, do we truly listen with open minds?

The next story is about the famous schools of Hillel and Shammai (BT Eruvin 13b).  It teaches us about the importance of respecting our opponents.

Beit Shammai and Beit Hillel once got into an impassioned argument over a matter of Jewish law.  One school says, “The law is in agreement with our view,” while the other claims, with equal certainty, “The law is in agreement with our view.”

Three years pass without any progress.  One day, a Heavenly Voice suddenly booms across the study hall: Elu v’elu divrei Elohim chayim hen.  “These and these are the words of the living God.”  V’halakhah k’veit Hillel.  “But the law is in agreement with the rulings of Beit Hillel.”

“But how can this be?” the Talmud asks.  If “both are the words of the living God,” what entitles Beit Hillel to determine the law?

The Talmud answers, “Because they were kindly and modest, they studied their own rulings and those of Beit Shammai and were even so humble as to mention the opinions of Beit Shammai before their own.”

We draw two lessons from this remarkable story.  The first, elu v’elu divrei Elohim chayim.  “These and these are the words of the living God.”  Strangely, the Talmud does not ask how it is possible that both Beit Hillel and Beit Shammai could be correct.  It is a given.

This should remind us that, as sure as we might be of our rightness, someone else is just as sure of theirs.  It’s not to say that there is no such thing as truth and everything is whatever a person says it is.  But indeed, there is often more than one solution to a problem.

I learned this lesson from my tenth grade Algebra 3/Trigonometry teacher, Mr. Evanson.  One would think that in a field like math, there is a right and a wrong answer.  But Mr. Evanson was much more concerned with how we solved a problem than in the answer we came up with.  What excited him was seeing different ways of approaching the challenge.  I learned that, even in math, there is often more than one way to arrive at the truth.

So what made the difference?  Not superior logic or better proofs.  It was intellectual openness and respect for difference.  That is why we follow Beit Hillel.  Hillel taught his students to learn from and honor their adversaries.  If I have to state my opponent’s arguments before my own, it means that I have to pay close attention and have an open mind.

Beit Hillel teaches us another lesson: we should always be willing to be proven wrong.  A Mishnah begins Elu d’varim she’chazru Beit Hillel l’horot k’divrei Beit Shammai.  “These are the matters about which Beit Hillel changed their minds and taught according to Beit Shammai.”  And then the Mishnah goes on to list a number of laws.  (Mishnah Eduyot 1:12)

The Mishnah does not need to tell us this.  It could just state the outcome.  Indeed, the Mishnah usually states the majority opinion, along with significant minority opinions.  But to cite opinions that are later abandoned is unusual.

Maimonides explains that it is to be lesson for us.  “For when these honored, pious, generous, and distinguished scholars of the School of Hillel saw that the view of those who disagreed with them was to be preferred to their own, and that others’ deliberations were more correct – they agreed with the others and retracted their view.  How much more should other people, when they see that the truth lies with their opponent, incline to the truth and not be stubborn…”

And he goes on to say that “even if you are able to use proofs to buttress your position, but if you know your friend’s position is correct and that your proofs to the contrary are only due to his weakness in argument, or because you are able to pervert the truth, accept his version and forsake further argument.”

Maimonides nails it.  How often is it that we hang on to a position out of stubbornness and ego?

Wouldn’t it be refreshing to occasionally hear a politician say, “My opponent is right.  After considering all the facts and the arguments, I have concluded that my earlier position is wrong.  And now I think differently.”  A candidate who had the humility and the courage to say that would probably earn my vote.

But what about when there is no resolution – when two sides are firmly entrenched in their positions about how society should function?

A Mishnah tells how Beit Shammai and Beit Hillel disagree about several areas of personal status law.  While it might not seem so today, in the ancient world, this was a huge deal.  It could mean the difference between a child being legitimate or illegitimate, which could have life-long implications affecting marriage and social acceptance.

The two schools disagree with one another.  Nevertheless, the Mishnah concludes, “even though the one invalidated and the other validated, Beit Shammai did not refrain from marrying women from Beit Hilllel, and Beit Hillel did not refrain from marrying women from Beit Shammai.”  (Mishnah Eduyot 4:8)

As much as each side “knew” that it was correct, they shared a higher value.  “We are one people.  Even if we can’t come to an agreement, we will still find a way to live together.”

This is such a lovely example.  Because the way the Mishnah finds to express their shared value is in the most intimate way possible.  Beit Hillel and Beit Shammai joined their houses together.  They intermarried with one another.

This would be like the Montague’s and the Capulet’s getting together to throw an engagement party for Romeo and Juliet.

While we may not be able to change the polarization that plagues our world, in this new year, we can begin to take small but significant steps in our own lives, drawing upon the ancient wisdom of our tradition.

Judaism treasures machloket.  Vigorous questioning and challenging of each other offers us the surest path to truth.

In doing so, however, we must always maintain the dignity of our opponents, honoring them even when we disagree.

We also have to be open to being convinced.  If we are not willing to change our minds, than we cannot claim to be seeking truth.

And finally, we have got to remain sincerely committed to living together in peace, despite our differences.

In this new year, may we have the courage and humility to argue, listen, and respect one another with open minds and open hearts.

Shanah Tovah.