Please Let It Not Be Another Intifada – Noach 5776

The violence in Israel right now leaves me feeling worried and confused.  Everyone seems to be throwing up their hands trying to understand what is going on.

It would be one thing if it was a terrorist organization like Hamas, Islamic Jihad or the Al Aqsa Martyrs Brigade that was planning and carrying out these attacks.  Then, we could point to a particular group with its own ideology, and hold it accountable.  But that is not what has been happening.

What we are seeing is scarier.  Jerusalem, Tel Aviv, Hebron, Afula… These attacks have not been coordinated.  They are being carried out by boys and girls, men and women with knives and meat cleavers.  People with families.  People whom we would not expect to be violent.  A young girl.  A thirteen year old boy.  A perversion is taking place that is producing a kind of collective insanity, a national blood-lust.  What else could explain why two teenage cousins would go out into the street, and randomly stab a thirteen year old on a bicycle?

When a society goes astray like this, it is the leaders of that society that must step up and take responsibility for setting it back on course.  But there have been too few voices calling for calm.

What ostensibly set off this violence were claims by some Palestinians that Israel was planning to take the Temple Mount away from Muslims.  It is not true.

When Israel captured the Old City of Jerusalem during the Six Day War in 1967, an Israeli flag was quickly installed on top of the Dome of the Rock.  As soon as he found out about it, Defense Minister Moshe Dayan immediately ordered it removed.  Soon later, he gave authority over the site to the Muslim Waqf, which is charged with maintaining Muslim holy sites.  Jews were forbidden from praying on the Temple Mount.  That has been the status quo arrangement ever since.

Recently, rumors started spreading that Israel was planning to take over the Temple Mount.  Prime Minister Netanyahu immediately denied the rumors, and affirmed that the status quo would remain as it has been for nearly fifty years.

But nobody listened.  Even those who ought to know better have been fanning the flames of violence.  As the rumors were spreading last month, Palestinian Authority President Mahmoud Abbas said: “Every drop of blood spilled in Jerusalem is pure, every martyr will reach paradise, and every injured person will be rewarded by God.”  Then he declared that Jews “have no right to desecrate the mosque with their dirty feet.”  This week he also accused Israel of “executing” Palestinian children.

What does he think he is doing?

As Jeffrey Goldberg writes in The Atlantic, this is not the first time that false rumors of an impending Jewish takeover of the Temple Mount have led to widespread violence.  In 1928, Jews brought a wooden bench up to the Western Wall for elderly worshippers to sit along with a partition to separate men and women for prayer.  Local Muslim leaders stirred up popular anger by declaring that the Jews were planning to take over the Temple Mount.  Amin al-Husseini, the Mufti of Jerusalem, used the incident – the placement of a bench – as proof of a plot against Islam.  He incited Jerusalem Arabs to riot against the Jewish community.  Doctored photographs showing a defaced Dome of the Rock were distributed in Hebron to rile up the community.  In riots the following year, 133 Jews were murdered.

In 2000, the Second Intifada was launched when Ariel Sharon went up to the Temple Mount.  Granted, he took a large military presence with him.  But he had cleared it with Palestinian security officials in advance, who assured him that the situation would remain calm.  And he certainly did not go to pray.

After the visit, Palestinians began protesting, and the leader of the Waqf, on a loudspeaker, called on Palestinians to defend the Al Aqsa Mosque, which Sharon had not even entered.  The protests became violent, and it soon grew into the Second Intifada.  It later turned out that the uprising had been planned in advance by Arafat and other Palestinian leaders, but it was Sharon’s visit to the Temple Mount which was used as the pretext to incite Muslims to defend their holy place.

Today, there are many Arab leaders who are fanning the flames of violence, many even more blatantly than Abbas, but it does not seem to be a coordinated strategy.

And to be clear, it is not everyone.  Just three days ago, the Bedouin village of Zarzir, which my children passed through every day on their way to school, organized a public rally for peace.  They called it “We refuse to be Enemies.”  Many of our friends from Kibbutz Hanaton participated.  There were signs and posters in Hebrew, Arabic, and English.  Village leaders, wearing kafiyyehs and holding Israeli flags, spoke against violence and in support of the State of Israel.  But I did not read any news reports about it except for an article by Rabbi Yoav Ende, of Kibbutz Chanaton.

I saw a news clip of Arab news reporter, Lucy Aharish, speaking about as forcefully as a person could in condemning the violence and declaring that there is no justification whatsoever for committing terror.  She blasted Arab leaders for failing to come out and strongly condemn the violence.  That is where she placed the responsibility.

I do not claim that Israel has been perfect.  As you know, I have a lot of disagreements with decisions of the Israeli government over the years.  I think that Israel’s policies have contributed in part to feelings of hopelessness within Palestinian society.

While Israelis are understandably feeling scared, I think it is awful that some have responded to the terror with their own violence and discrimination.  It is inexcusable.

But nothing justifies stabbing a random stranger with a knife, or driving a car into a crowd of people waiting at a bus stop.  There is no moral equivalency when police, soldiers, or even civilians respond with violence to defend against a terrorist who is actively trying to kill an innocent person.  There is no excuse when the leaders of a society glorify a teen-ager who has committed a terrorist act, or fail to do everything they can to stop violence.

I do not have any suggestions for how to solve the chaos that ensues when a society that is not mine has lost its way.

In this morning’s Torah portion, Noach, we read of another society that has lost its way.

“The earth became corrupt before God; the earth was filled with lawlessness (chamas).  When God saw how corrupt the earth was, for all flesh had corrupted its ways on earth (hishchit kol basar et darko), God said to Noach, “I have decided to put an end to all flesh, for the earth is filled with lawlessness (chamas) because of them: I am about to destroy them with the earth.”

Ironically, the word that the Torah uses for “lawlessness” is chamas.  It is just a coincidence, but an ironic one.  Nahum Sarna defines chamas as the “flagrant subversion of the ordered processes of law.”    (JPS Torah Commentary: Genesis, p. 51)  There was no rule of law.  No respect for communal standards.

Then the Torah says ki hishchit kol basar et darko – “for all flesh had corrupted its ways on earth.”

God’s response is not to give them a warning, or a punishment, or to send a Prophet to urge them to change their ways.  God regrets having created humanity, and decides to wipe out all life on earth, saving only representative male and female samples of each species.

After the flood, humanity is just as wicked as before.  It is the same DNA.

But God makes two significant changes.

He tells Noach and his offspring that they must punish those who murder.  “Whoever sheds the blood of man, by man shall his blood be shed.”  This is retributive justice.  According to the theory of evolution, the strongest, most violent people ought to survive.  But God introduces an element to counter the morality of “survival of the fittest.”  Simply put, whatever you do to harm the body of another shall be done to you.  This is the basic premise of retributive justice.  Human societies have to protect their members by punishing those who commit violence.

The second change is a counter to the first.  God declares:  “Never again will I doom the earth because of man, since the devisings of man’s mind are evil from his youth; nor will I ever again destroy every living being, as I have done.”

God knows that human nature has not changed.  People will continue to have an urge to cross boundaries.  But retributive justice alone is not enough.  Forgiveness is also needed.  So even though God know that yetzer lev ha-adam ra mine’urav – “the devisings of man’s mind are evil from his youth,” God promises to not wipe out all life again – even though they may deserve it.  There are times when justice must be set aside in favor of mercy.

This is the challenge that God presents to the children of Noah.  Build societies that are anchored by justice and forgiveness.

Although it seems perpetually elusive, that is my prayer for Israel and Palestine.  One day, both societies will have leaders who take responsibility for their own actions, as well as for their respective people’s actions.  Neither society will tolerate the dehumanization of the other.  Both will recognize that justice cannot be administered selectively.  The two peoples will recognize and protect each others’ sacred places without feeling threatened.  And Israelis and Palestinians will one day be able to hear one another’s stories with a sense of compassion and forgiveness.

For now, as our brothers and sisters are living under the daily threat of terror, we can turn to God in prayer.

Shomer Yisrael — Guardian of Israel,

We pray not to wipe out haters but to banish hatred.

Not to destroy sinners but to lessen sin.

Our prayers are not for a perfect world but a better one

Where parents are not bereaved by the savagery of sudden attacks

Or children orphaned by blades glinting in a noonday sun.

Help us dear God, to have the courage to remain strong, to stand fast.

Spread your light on the dark hearts of the slayers

And your comfort to the bereaved hearts of families of the slain.

Let calm return Your city Jerusalem, and to Israel, Your blessed land.

We grieve with those wounded in body and spirit,

Pray for the fortitude of our sisters and brothers,

And ask you to awaken the world to our struggle and help us bring peace.

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.