Too Much Truth, Not Enough Peace – Yom Kippur 5786

Yom Kippur is not about being right. It is about being honest — with God, with each other, and with ourselves. And one of the Talmud’s most famous, well-known, and haunting stories shows what happens when we confuse truth with righteousness.

HaTanur shel Aknai — “The Oven of Aknai,”[i] — is a story that, somehow, in more than 18 years as a Rabbi, I have never once taught, even though it is often cited as a foundational text for Conservative Judaism. 

This is not just a story about rabbis long ago. It is about how we wound one another in the name of righteousness — and Yom Kippur is the one day when we cannot hide from that truth.

The two major figures in this story are Rabbi Eliezer ben Hyrcanus and Rabbi Yehoshua. Rabbi Eliezer was the greatest of Yohanan ben Zakkai’s students. Rabbi Yehoshua was considered the second most prominent. Together, the two of them smuggled their teacher out of Jerusalem in a coffin during the Roman siege, shortly before the destruction of the Second Temple in 70 CE.

Rabbi Eliezer is married to Imma Shalom, the sister of Rabban Gamliel II, who is the Nasi, the leader of the Sanhedrin. Their son is Hyrcanus.

Rabbi Akiva, who looks to both of them as his teachers, will also enter our story.

Our tale opens with the Rabbis debating the kashrut of a particular kind of oven called an Akhnai, which means “snake.”  It is called that because it is formed by a bunch of pieces of pottery arranged in a coiling shape around an open cavity. Something impure has been found inside this oven, perhaps a dead snake. Now they have to determine the oven’s status.

The legal question is whether such an oven can become ritually impure.  If it is an oven, then it can, and it is impure. If it is a broken vessel, then it cannot, and it is pure. To be clear, there is no practical implication, as the need to maintain ritual purity was destroyed along with the Temple.

Rabbi Eliezer rules that it is a “broken vessel,” and thus, pure.  The Ḥakhamim, the Sages, take the opposite viewpoint, determining it to be an intact oven, and thus impure.

During the deliberations, Rabbi Eliezer answers every possible answer in the world (kol teshuvot she’ba’olam), but the Sages reject every single one.

Departing from logic, Eliezer turns to the supernatural. “If the law is in accordance with my opinion, let this carob tree prove it.” Suddenly, the carob tree bursts from the ground and flies hundreds of feet through the air.

“We don’t accept proof from a carob tree,” object the Sages.

“Well then,” Rabbi Eliezer exclaims, “let this stream prove it!” Suddenly, the stream reverses course and begins to run uphill. 

“We don’t accept proof from a stream,” object the Sages.

Moving further to the absurd, Rabbi Eliezer announces, “If I am right, let the walls of the study house prove it.” The walls begin to shake, about to crush the entire Sanhedrin.

Rabbi Yehoshua steps in and issues a brusque order, “If Torah scholars are contending with each other over the law, what is it to you.”

The walls stop moving, frozen in place at an angle, unwilling to fall out of deference to Rabbi Yehoshua, but unable to straighten out of deference to Rabbi Eliezer.

Finally, Rabbi Eliezer goes for broke. “If the law is according to me, Heaven will prove it.” A Divine Voice suddenly booms through the study hall: “Why do you argue with Rabbi Eliezer? The law is in accordance with him in every matter.”

Case closed, it would seem.

But Rabbi Yehoshua stands up and declares, quoting Torah itself, lo bashamayim hi — “It is not in heaven.”[ii]

Check out this musical video telling of the story of the Oven of Akhnai.

That would seem to end the debate, but the Sages are not finished. They collect every single thing that Rabbi Eliezer had declared pure and set them ablaze in a bonfire. Later that day, after he leaves, they vote to excommunicate him.

“Someone has to tell him,” they murmur among themselves. Rabbi Akiva steps forward. “I’ll go, lest someone tactless goes and says something to cause Eliezer to destroy the world.”

So Rabbi Akiva dresses himself in black, in an expression of mourning, goes to his teacher, and sits a distance of four cubits away (about 6 feet), the distance required from someone who has been excommunicated.

Looking up, Rabbi Eliezer asks, “Akiva, what is different about today from other days?”

“My teacher,” he responds, “it appears that your colleagues are distancing themselves from you.”

Understanding the euphemism, Rabbi Eliezer rends his garments, removes his shoes, and sits on the ground, mourning. As tears pour from his eyes, the Talmud relates, one third of the world’s olives, one third of its wheat, and one third of its barley are struck.  Some say that even the dough in the kneading bowls spoiled. Others relate that on that day, everywhere that Rabbi Eliezer casts his gaze burns to the ground.

At that very moment, it so happens, Rabban Gamliel is on a boat. A large wave suddenly swells up to drown him. He understands right away, “It seems that this is on account of what we did to Rabbi Eliezer ben Hyrcanus.”

He stands up and declares, “Ruler of the Universe, it is revealed and known before You that it was not for my own honor, nor for that of my father’s house that I acted. It was for Your honor, so that disputes would not proliferate in Israel.” At that, the sea calms.

Our tale returns to Rabbi Eliezer’s home, where his wife, Imma Shalom, which literally means “Mother of Peace,” places herself on watch. She does not allow her husband to lower his head to the ground in a prayer called Taḥanun, “Supplication,” out of fear that if he were to bemoan his fate, it would bring Divine punishment upon her brother. 

One day, something happens. Perhaps she miscalculated the day of the new moon, when Taḥanun is not said. Perhaps a beggar came to her door asking for bread. Whatever the cause, Imma Shalom leaves her husband alone in his prayers.

When she enters his room, she sees Eliezer with his head lowered on the ground. “Get up,” she tells him, “for you have killed my brother.” Just then, a shofar sounds from Rabban Gamliel’s home, announcing his death.

To continue the story, we must jump to another tractate of Talmud, which picks up some years later. Rabbi Eliezer has fallen ill, and so Rabbi Akiva and some of his colleagues go to visit him. It is a Friday afternoon. As they enter, they see Eliezer’s son, Hyrcanus, trying to remove the Tefillin from his father. Tefillin are not supposed to be worn on Shabbat.

Eliezer becomes angry and insults his son, who leaves the room, exasperated. As he sees Akiva and the others, Hyrcanus laments, “It appears that my father has lost his mind.”

Eliezer overhears him and shouts from the next room, “It is Hyrcanus and his mother who are crazy! How can they neglect the preparations for the Torah’s laws of Shabbat, like preparing hot food and lighting candles, which are punishable by stoning, and concern themselves with matters that are only prohibited by Rabbinic law?”

(In other words, there are more religiously important things that Hyrcanus should be worried about.)

“Yup, that sounds like Eliezer,” say Akiva and the Sages. Judging him not to be insane, they enter the room and take their seats four cubits away.

“Why are you here?” the elderly Rabbi demands.

“We have come to study Torah,” they demurred, afraid to tell him it is because he is sick.

“Why have you not come until now?”

“We did not have any spare time.”

“I would be shocked if these ones die a natural death.” Eliezer mutters, his way of predicting that they will be tortured to death by the Romans.

Then Rabbi Akiva asks, “How will I die?”

“Yours will be worse than theirs.”

Then Eliezer raises his arms and places them on his heart, crying, “Woe to you, my two arms, as they are like two Torah scrolls that are being rolled up, [never to be opened again]. I have learned much Torah, but I have not taken away from my teachers even as much as a dog lapping from the sea. I have taught much Torah, but my students have taken away from me only what a paintbrush can remove from a tube of paint.

“I can teach three hundred halakhot about a snow white leprous mark, but nobody has ever asked me about them. I can teach three hundred halakhot with regard to the planting of cucumbers, but no person has every asked me anything about them, except for Akiva ben Yosef.” Eliezer then describes the incident.

And so, chastened, the Sages ask him about the ritual purity of a number of different items that he and the Sages had once disagreed about, “What is the halakhah regarding the ritual purity of a ball of leather stuffed with rags…” and so on. They are trying to find out if he has changed his mind and is willing to defer to the majority.

“Those things can all become impure, but you can purify them by dipping them in a mikvah just as they are, without needing to unwrap them.” The Sages had held that they needed to be unwrapped. Meaning, Eliezer has not conceded. 

“Well then,” they follow up. “What about a shoe that has not yet been taken off its shoe form?  Is it a complete vessel, and therefore subject to impurity, or is it not yet complete?”

Tahor. “It is pure…” and with that final word, his soul leaves his body.

Rabbi Yehoshua stands up and declares hutar ha’neder, hutar ha’neder. “The ban is released. The ban is released.” 

After Shabbat, Rabbi Akiva comes upon the funeral procession. Striking his flesh until his blood flows to the earth, he declares, “My father, my father, the chariot of Israel and its horsemen” (II Kings 2:12). I have many coins, but I do not have a money changer to whom to give them.” In other words, “I have so many questions, but after your death, I have no one who can answer them.”

And here our tragic story ends.

Who is to blame? Let’s start with the Sages. They refuse to hear any of Eliezer’s logical proofs. Is it just that they are not convinced or that they have better arguments? Or, could it be personal? Does the mere fact that Eliezer holds a position automatically disqualify it?

The Sages rightly uphold the principle of majority rule, but then they go overboard. They humiliate their colleague in public, and then socially ostracize him for the rest of his life, this man who was the greatest scholar of the generation. They want to punish him. Rabban Gamliel justifies it in the name of order. Then they wait until it is too late to lift the ban.

What about Rabbi Eliezer? He is stubborn to the extreme. He refuses to acknowledge the authority of the democratic process, which holds that the law is determined by majority vote.

He holds on to grudges dearly. He lashes out at his colleagues, and the world in general, to express his rage and frustration. What hurts him more, that nobody will acknowledge he is right, or that his colleagues cannot stand him?

Eliezer is so committed to the truth of Torah, as only he knows it to be, that he cannot see the humanity of anyone around him. He even takes it out on his poor son, Hyrcanus, who is just trying to help. Eliezer is literally right, with Heaven on his side, all the time.  But what does that get him? 

When the Sages, including his lifelong colleague Yehoshua and beloved student Akiva, show up at the end of Eliezer’s life, they give him a chance to back down, to accept the majority ruling of the Sages on what are really a series of fairly inconsequential cases. His need to be right in all things persists to the very end.

His final word is not forgiveness, not blessing, not love — but purity. Tahor. What a devastating way for a great life to end. It begs the question: What word do I want to leave behind when my time comes

This story, set in the opening decades of the Rabbinic project, is a warning. The Rabbis, as scholars who are attempting to rebuild a Judaism that can function without a Temple and a priesthood, are a very small group. They do not have any power or authority at this point. Even the process by which they reach decisions is still up for grabs.

What do we learn from this story? Does it demand that one forego one’s personal convictions to follow the majority? Is it a warning about the potential tyranny of majority rule? Is it about inflated egos? Is it about revenge? Is this a story about broken friendships and family schisms?

Is this a story about politics, or law, or social cohesion, or visiting the sick? Is it about truth, or purity?

Many in this room are worried about the current state of the world, of the politics and social divisions that seem increasingly out of control and even violent. No doubt, we look at those on the other side and see their flaws. We see their smug certainty, their hypocrisy, their vengefulness, their stubborn refusal to compromise. 

But today is Yom Kippur. Today is not a day when we blame others. It is a day when we look inward at our own souls. It is a day not only for identifying the specific things we have done wrong, our “sins,” as it were, but also for digging deeper and probing our motivations. 

At the opening of Yom Kippur, before Kol Nidrei even, we recite a formula three times: bishivah shel ma’alah, uvishivah shel matah. “By the heavenly court, and by the earthly court. With the consent of the Almighty and the consent of the congregation, we hereby give permission to pray with the sinners.”

The Talmudic origin of this prayer[iii] insists that, on a fast day, even those who are deserving of excommunication — the Rabbi Eliezers of the world — must be present with us in worship. Because without them, our prayers cannot rise. That is a radical Yom Kippur message: we do not get to decide who is too flawed to be in this room. If they are excluded, so are we.

So I look around, “Oh that guy, he’s a big sinner. Her over there. Oh boy.” Of course, they are looking around at me too, thinking the same thing. On Yom Kippur especially, it is not our job, our task, or even our right, to list the sins that others have committed. Only God sits on the throne of judgment.

My job is to look at myself. And to do it in community, surrounded by all of the other sinners who I trust are doing the same. 

Are there people I’ve harmed, relationships I’ve damaged, feelings I’ve hurt, not out of malice, but out of righteousness? Have I cut myself off from others out of a sense of moral “purity?” Have I stood in the way of reconciliation?

On this Day of Atonement, may we not cling to being right at the expense of being kind. May our pursuit of truth never cost us compassion. And may the final word of our lives not be tahor — but shalom.


[i] BT Bava Metzia 59b and Sanhedrin 68a

[ii] At this point, the Talmud digresses into an Amoraic discussion about the significance of Rabbi Yehoshua’s citation of “It’s not in heaven.” It is not part of the story itself, and it changes its emphasis and significance, so I left it out of my telling. This is the discussion from the Steinsaltz edition of the Talmud (explanatory text in non-bold):

The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

[iii] BT Keritut 6b

The Highs and Lows of Jewish Identity – Rosh Hashanah 5786

On Sunday mornings and Tuesday afternoons the last few weeks, this place has been hopping. I am really thrilled to share that there are more children coming to learn in our religious school than ever before. It is wonderful, but it carries with it a tremendous responsibility.

I ask myself constantly, “what we are doing to build a sense of Jewish identity and peoplehood in our kids?”

These are some of the questions I have been discussing with our staff: How would someone who has just celebrated becoming B’nei Mitzvah explain what it means to be Jewish? How would they describe what belonging to the Jewish people feels like, and the responsibilities that come along with it? Could they offer a simple definition of Zionism and discuss how the existence of the State of Israel plays a role in Jewish identity?

With everything that has been happening in the world these past few years, these questions seem particularly relevant.  In this environment, what are we doing to help the next generation, our children, form strong Jewish identities?

To explore that question, we must look inward. All of us here made a choice to gather with our community to celebrate Rosh Hashanah. Many of us had to take off a day of work or school to do so.

That speaks to me of a strong commitment. Every one of us here has core memories that anchor our Jewish identities. Past moments for which the sights, sounds and emotions are most vivid. Core memories form the narratives of who we are. They define my essential self, affect how I view the world, and guide how I interpret new experiences. 

One of my core memories goes all the way back to when I was five or six years old. My family has recently joined a synagogue for the first time. We are attending Friday night services. The congregation is welcoming new members to the community, and my family is being honored.

A few details stand out. A warm light suffuses the sanctuary. The room is packed with people, and we are sitting on the right side of the room. There seems to be a lot of attention placed on a large piece of furniture up on the stage, but I don’t know why, or what is inside of it. It is mysterious.

Everyone stands up, and my parents, my baby brother, and I are invited to come to the front. There, we are presented with a basket. I think that there is probably a siddur, challah, and candles, and I know for sure that there is definitely a bottle of Manischewitz wine. That I remember distinctly. I feel really proud of my family in that moment.

When I think back, I still feel the warmth, mystery, and belonging. I suspect that the journey leading to my becoming a Rabbi began in that moment.

I invite us to take a few moments to turn to someone sitting next to, in front of, or behind us, introduce yourselves, wish them a “Shanah Tovah,” and in just one minute each, share a Jewish memory that still makes you smile. It could be something from childhood or adulthood, with family or strangers, at home, in synagogue, in Israel, or anywhere in the world. 

Let’s come back together. You’ve just named some of the moments that anchor us, the kinds of memories that remind us:  this is who I am as a Jew.” But if we are honest, not all of our core memories feel good. Some come out of pain, doubt, or disconnection, and those too shape us. 

Perhaps it was facing antisemitism or harassment. Maybe it was a feeling of exhaustion for being “different.” For some, moments of alienation come as a crisis of faith, the result of a deep personal loss or tragedy. Maybe it was the actions of other Jews, or (dare I say) the Israeli government, that led to such a moment.

For me, I stopped keeping strictly kosher for a while while I was in college. Specifically, it was the junior year that I spent in Israel studying at the Hebrew University in Jerusalem. That year, and a little bit afterwards, is the only time that I have eaten non-kosher meat since I was twelve years old.

While I had lots of wonderful, life-changing adventures that year, I was surprised to find myself feeling religiously alienated. The American Judaism that I knew was built around Jews living in a secular society actively choosing to gather together with other Jews for social and religious experiences. I had gone to day school, was active in my synagogue and USY, worked at Camp Ramah, was a leader in Hillel. When I got to Israel, I found myself disoriented. The Judaism I encountered there felt very different from the Judaism I knew in America — and in my confusion, I let go of a practice that had long anchored me.

Ironic, isn’t it? I go to Israel and stop keeping kosher. 

When Dana (my wife) and I were speaking about this last week, she shared a similar experience. She showed up at Brandeis University, ready to be immersed in Jewish life. Within a month and a half, she had disenrolled from the kosher dining plan, stopped going to Hillel, backed off on her Shabbat observance, and found herself avoiding the East coast Jews in favor of the international students.

In the course of a person’s life, it is impossible to predict those moments that are going to be significant. But it is both the high and the low points that contribute to our journeys. Each of us can point to moments when Judaism felt far away, when community or practice felt alien, when being Jewish was complicated.  In fact, it is sometimes the case that the low points create opportunities for positive transformation.

The Haftarah that we read today gives us a striking example of this dynamic in the life of Ḥannah. She is someone whose deepest religious experience begins with humiliation and rejection.

Ḥannah is one of the two wives of Elkanah.  She is the beloved, but it is the other wife, Peninah, who has children. Every year, the entire household travels to the shrine at Shiloh to offer sacrifices. Every year, Peninah goes out of her way to taunt Ḥannah, making fun of her barrenness. Ḥannah takes it to heart, weeping and refusing to eat. 

At least Elkanah notices, “Ḥannah, why are you crying and why aren’t you eating? Why are you so sad? Am I not better to you than ten sons?” The commentaries give him credit for trying, but a modern reader might see Elkanah’s attempt to tell her not to feel what she feels as gaslighting. In any event, he does not make her feel any better.

One year, during the annual pilgrimage, Ḥannah gets up to spend some time alone. She begins to pray silently, with only her lips moving. Eli,the priest in charge, sees her, and immediately jumps to conclusions. “How long will you make a drunken spectacle of yourself? Sober up!”

This surely must have been a low point in Ḥannah’s life, forming a negative core memory. Her household has rejected her, and her husband has failed to bring comfort. Now the priest, that is to say, the religious establishment, has compounded the injury. There is no safe place for Ḥannah.

To her credit, she stands up for herself against the most revered religious leader of the day. She objects that she is not drunk, but has been “pouring out her heart to the Lord” out of her “great anguish and distress.” Eli, unaware of what, specifically, Ḥannah has been praying for, wishes for God to grant her request.

The household returns home, and we are told that God remembers Ḥannah.  She conceives, a baby is born, and Ḥannah names him Shmuel, meaning “I asked the Lord for him.” In fulfillment of the vow she had made, she dedicates him to God as a Nazir. She turns Shmuel over to the very institution that had once rejected her.

He goes on to transform it, just as, in rabbinic tradition, she herself transforms prayer itself. Ḥannah’s turning to God in her lowest moment is held up as the ideal model for prayer. Out of her despair, she creates a new model for religious life: one that is intimate, vulnerable, and honest.

Ḥannah’s story of humiliation and transformation has a surprising parallel in modern times. Franz Rosenzweig was born in 1886 into a thoroughly assimilated German Jewish family. Although culturally Jewish,he was increasingly drawn to philosophy and the promise of universal redemption offered by Christianity. 

Particularist Judaism, in contrast, was like a fossil, valuable as an ethnic heritage perhaps, but not as a living faith. Rosenzweig later wrote that he saw Judaism at that time as “merely a stubborn survival, a religion without life.” In his mid-twenties, Rosenzweig decided that he would convert to Christianity. His friend, Eugen Rosenstock-Huessy, issued a challenge, if Rosenzweig was going to convert to Christianity, he should do so “as a Jew,” like the first Christians — entering the new faith through Judaism.

On September 13, 1913, Franz Rosenzweig entered a Berlin synagogue on Yom Kippur evening, intending it to be his last time as a Jew. This would be his final farewell to his ancestral faith.

Something happened to him that night, something he never described in detail. Was it the haunting melody of Kol Nidrei? The poetic beauty of the piyyutim? The experience of standing with a congregation dressed in white?

Whatever it was, he emerged transformed. Conversion to Christianity was no longer possible. He referred to that service as a wendung, a “turning point” in his life, the moment he entered “the gates” of Judaism. From then on, Judaism became a living religion to him. The Jewish people, by following their covenantal traditions, modeled for the world the ultimate redemption for humanity as a whole. 

Rosenzweig dedicated the rest of his life to Judaism. While serving on the Balkan front as a soldier in the German army during World War One, he wrote a series of postcards home to his mother that formed the outline of his grand philosophy of Judaism, the Star of Redemption, which he completed in 1919. He translated the Hebrew Bible into German with his friend, Martin Buber. He founded the Lehrhaus, a school of advanced Jewish studies for adults in Frankfurt. 

Rosenzweig died in 1929 of ALS at only 43 years of age. By the end of his life, he was unable to speak or move. He and his wife Edith developed a system whereby he would blink his eyes to indicate letters and words, which she would type. Using this technique, he composed his final communication:

“And now it comes, the point of all points, which the Lord has truly revealed to me in my sleep, the point of all points for which there—”

Just then the doctor walked in for a conversation. Rosenzweig never returned to finish his final sentence. Perhaps that is fitting. His life’s work passes the task to us: to continue the story, with our own Jewish memories, commitments, and transformations.

Like Ḥannah thousands of years earlier, Rosenzweig’s experience of alienation from Judaism led to his transformation and growth. It is the high and low points of their lives that led to such growth and bequeathed such important legacies to us.  Like Ḥannah, like Rosenzweig, we carry both joy and pain, pride and disappointment, acceptance and rejection, in our Jewish lives. The question is not whether we have these experiences, but what we do with them, how we shape them into the core memories that define who we are.

As I think about the next generation, I try to keep in mind that it is impossible to know which Jewish experiences will form core memories, positive or negative. My own children continue to surprise me. All that we can do is provide rich communal experiences in which we express our own pride and love of Judaism and the Jewish people. 

On this Rosh Hashanah, may we treasure the joyous moments, learn from the hard ones, and open ourselves to the possibility of new core memories — ones that connect us more deeply to Judaism, each other, Israel, and the world.

The Earth Doesn’t Care Whose Fault It Is – Yom Kippur 5782

Mi va’esh u’mi va’mayim.  Who by fire and who by water?

We are halfway through what is already one of the worst fire seasons around the globe. More than 2.2 million acres have burned here in California so far, exacerbated by drought. Large swaths of land around the Mediterranean burned. In July, the town of Lytton, British Columbia, in Canada, reached a record 121 degrees Fahrenheit and literally burst into flame.

Less than one month ago, Hurricane Ida wreaked devastation from Louisiana to the Northeast, leaving at least 115 people dead and causing more than fifty billion dollars in damage.

Two months ago, record rainfall in Western Europe caused massive flooding, killing at least 220 people, and washing away an entire town in Germany.

Mi va’esh u’mi va’mayim. Who by fire and who by water?

The most urgent issue facing humanity is our imbalanced relationship with the earth. It outweighs every other concern: Covid, freedom, democracy, racism, poverty, education, and Israel.

Our out of balance relationship with the earth puts our species at risk of extinction. If that happens, nothing else matters – at least from humanity’s perspective.

Every one of us must do better when it comes to the ways that we utilize the earth’s resources. And since none of us can do everything, we can direct our efforts towards those issues which seem most urgent to us and which we have the greatest capacity to influence.

There are so many ciritical issues, including for those who do not believe human beings cause climate change. Much of the western United States is in extreme drought conditions. Microplastics are everywhere, from the deepest seas to the highest mountains. Humanity’s encroachment into unoccupied areas, called WUI, the Wildland Urban Interface, puts people at greater risk from disasters like fire. The oceans are acidifying.

I plead with all of us.  Pick at least one thing that you care about and do more than you are already doing.

Who is to blame for how things have gotten to be the way they are?

You may recall a famous ad that appeared regularly on television in the 1970’s. The scene opens with a Native American man paddling down a bucolic river in a canoe. His hair is in braids and he is wearing a leather “Indian” outift. The camera turns to the water. A single piece of trash floats by.  Now we see an industrial nightmare.  Large factories, container ships, and pollution spewing smoketacks dwarf the small canoe.The Native American drags his boat to the shore, where more trash litters the ground.  As he begins walking, a voiceover proclaims:

“Some people have a deep, abiding respect for the natural beauty that was once this country.”

He is now at the side of a busy highway. As the traffic zooms past, a driver carelessly throws a bag of rubbish out the window. It lands, scattering garbage across our hero’s feet.  The voiceover continues:

“And some people don’t.”

As the camera zooms in on the Native American’s face, a single tear rolls down his cheek and we are admonished,

“People start pollution, and people can stop it.”

This ad, which came to be known as the “The Crying Indian,” is considered by the Ad Council to be one of the “50 greatest commercials of all time.”

By every measure, it was super effective. 

Part of a campaign by a nonprofit organization called Keep America Beautiful, it helped lead to the reduction of litter by 88% across 38 states. But that was not the real goal of “The Crying Indian.” As they say: follow the money.

The nonprofit Keep America Beautiful was not founded, as its name might suggest, by a bunch of do-gooder hippies. It was created in the 1950’s by the American Can Company and the Owens-Illiniois Glass Company, which were later joined by the likes of Coca-Cola and the Dixie Cup Company.

The goal of Keep America Beautiful was to oppose the influence of environmentalists.  Prior to its founding, packaging was typically reusable.  If you bought a Coke, you paid a deposit and then returned the bottle so that it could be sterilized and reused.  In the 1950’s, as the plastics industry was taking off, bottlers and container manufacturers began to aggressively – and successfully – push single use packaging.

In the 1960’s and 1970’s there were increasing moves to enact legislation to limit the production of throwaway containers.  So Keep America Beautiful began to sponsor ad campaigns like “The Crying Indian.”

The cynical strategy was based on the simple economics of supply and demand.  If we want to do something about litter, we basically have two options: focus on the people who make the stuff or focus on the people who use the stuff.  The suppliers, or the demanders.  Supply or demand.

“The Crying Indian,” with its final message, “People start pollution, and people can stop it,” places responsibility on the demand side of the equation.

The suppliers of all of this packaging would shrug their shoulders and say, “we are just giving our customers what they want. It’s not our fault.”

In fact, it was their fault.  Through a decades-long marketing strategy, they shifted public consciousness to center all of the blame and responsibility on the demand side. The result is that there were few limits placed on supply. The companies avoided having to pay the costs of pollution and disposal, and they earned billions and billions of dollars while the plastic accumulated.

I go to Costco and discover apples on my shopping list. Organic apples.  But those apples come in a plastic clamshell.  Now I, the consumer, am stuck with this piece of plastic that I do not want, but that is now my responsibility to deal with.Does it go in the trash or the recycling bin? Well, it’s got the triangle thing on it, but I recently heard that those triangle thingies are not reliable.  Plus, the third world countries to which we used to ship all of our plastic are starting to say, “no thank you. We don’t want your trash.” As it turns out, much of that plastic heading for recycling was just being dumped in open air landfills.

Who is the manufacturer of that plastic clamshell?  Who knows. What is their legal responsibility? Nothing whatsoever.

It is because Keep America Beautiful‘s ad campaign worked.  Our economy does not include the price of disposal in the cost of manufacturing. The suppliers are off the hook.

By the way, the Indian who appeared in the ad was an actor who went by the name “Iron Eyes Cody.”  His real name was Espera De Corti. He was a second generation Italian American. 

What is your personal carbon footprint? How much CO2 and methane do your actions put into the environment? This is a question many of us have asked ourselves in recent years.

I can easily go online and find a website that will ask me to estimate the number of square feet in my home, my annual vehicle mileage, the number of airplane flights I take per year, and so on.  Enter all the data, click next, and presto – my carbon footprint!

Where did the idea for the carbon footprint come from? Follow the money.

The ad agency Ogilvy started the campaign in 2005 on behalf of its client, British Petroleum. Just like “The Crying Indian,” BP wanted to keep the moral responsibility for oil production on the demand side rather than the supply side of the equation.

So BP encourages us to calculate our carbon footprint and then offers suggestions for how we can reduce it, knowing that we will not actually follow through in any economically substanative way.  Meanwhile, BP will be there for us to supply all of the oil that we demand.

For its part, BP has made no effort to reduce its own carbon footprint. Quite the opposite – it has continued to expand its oil drilling, including a current multi-billion dollar project called “Thunder Horse” to construct an oil platform 150 miles south of New Orleans in the Gulf of Mexico. When all eight wells are completed sometime this decade, it will produce 250,000 barrels of oil and 200 million cubic feet of gas per day.

But it is our responsibility.  After all, BP is just meeting our demand.

This strategy has been used over and over again – by the petroleum industry, tobacco companies, sugary beverage producers.  “It’s not our fault. We are just giving the people what they want.”

But it is their fault.

Or maybe not entirely.

One of the most prominent sections in our Mahzor is the Vidui, the confessional. We recite Ashamnu and Al Chet. For the sins we have committed, forgive us and pardon us. We strike our chests in contrition. 

Both of these prayers are alphabetical.  The Ashamnu lists a single verb for each letter. Al Chet is a double acrostic, with two sentences per letter. We recite a litany of sins. Some are specific actions, while others are general attitudes of selfishness or duplicity.

All of the verbs end with -nu, which is the 1st person plural.  We did all of these things. Surely not! I have definitiely screwed up a lot this past year, but I’m not that bad.  I didn’t commit every sin on the list. For example, I know with certainty that I did not charge interest to anyone in 5781. I categorically reject that characterization.

We Rabbis will often explain this expression of collective guilt as a way to provide cover, to help those of us who might actually be guilty of one of these sins to face up to it. 

Or maybe, in another sense, we actually are accountable for each other’s sins. These confessions are not personal admissions.  We, as a collective entity, take responsibility for all that has happened in the lives of our congregation.

Or perhaps we, as Jews, take collective responsibility before God for all that the Jewish people have done.

Or if we widen the lens further, perhaps humanity is in some sense collectively responsible for all that we do as a species.

After all, we cannot avoid the consequences of each others’ actions. This has been made devastatingly clear during the Covid pandemic. Maybe the language of guilt and innocence is not the most helpful paradigm. Maybe it would be more constructive if we framed it this way:

There are actions that individuals and groups take which impact the lives of others. That is an unavoidable fact. When that happens, like it or not, we become responsible.

Humanity is responsible for humanity’s relationship to the earth.

As much as we might like to assign blame, the fire and the flood certainly don’t care whose fault it is.

Whether from a theological, ethical, or self-interest perspective, we are responsible for treating the earth appropriately.

Unfortunately, traditional Jewish law is somewhat deficient as a source of practical guidance. The basic categories developed two thousand years ago, at a time when there was no awareness of an interdependent global environment. Human beings did not know about chemicals that could not be seen or that could dissipate into the upper atmosphere.

Also, Jewish law tends to focus on the actions and responsibilities of individuals, not governments or corporations. In other words, on the demand side of the economic equation.

Nevertheless, our present situation is not entirely without precedent. In his twelfth century law code, Maimonides includes a section called Hilkhot Sh’khenim, Laws of Neighbors. He addresses a situation in which a person wants to build a feature or conduct business on his property that produces pollution that would travel beyond its borders. 

If a person constructs a threshing floor in the midst of his (property), or builds an outhouse, or does work which raises dust, particles of earth, etc., he must move far enough away so that the pollution does not reach his neighbor and cause harm. Even if the pollution is carried by the wind, he is obligated to move far enough away…

Rambam, Laws of Neighbors 11:1

Jewish law deals with directly identifiable harm. And we can see from the examples that Maimonides gives that the pollution in question is all what we would characterize as “natural” byproducts.

But when the harm is indirect, such as plastic in the ocean or CO2 in the atmosphere, Jewish law has no explicit prohibition. And the earth itself has no standing to sue.

I wonder, if he was writing today, what other forms of pollution Maimonides would have included in the law.

The lack of specific legal precedents does not mean that Judaism is ambivalent. A famous midrash expresses humanity’s ideal relationship with the natural world.  

When God created the first human beings, God led them around the garden of Eden and said: ‘Look at my works! See how beautiful they are — how excellent! For your sake I created them all. See to it that you do not spoil and destroy My world; for if you do, there will be no one else to repair it.’

Midrash Kohelet Rabbah on Ecclesiastes 7:13

Notice a few details. Human beings are the purpose of creation, but the world still belongs to God.

Detail two – All of the beautiful and excellent things in the world can be destroyed, but the damaged world itself will continue to exist.

Detail three – there is nobody else to repair it. We are on our own here. God will not step in to save the earth from our mismanagement. 

Let’s take this a step further. In the Torah’s language, adam, humanity, is created in God’s image. That is a theological statement.

A scientist would ask if homo sapiens is fundamentally different than any other species. The answer is no and yes.

Every living thing is comprised of the same chemical materials, and is formed and behaves according to its DNA encoding.

We share the same survival instincts as all life forms, from the great whale to the spot of mold on a rock. We are drawn to that which helps our particular genetic material reproduce and repelled by that which puts it at risk. Most animals know instinctively that fire is dangerous and it is best to run away from it. We would call this “biological knowledge.”

On the other hand, homo sapiens is the only species that can understand how the combination of dry conditions, heat, heavy winds, and a lightning storm increases the chances of a forest fire. A philosopher or scientist would call this “explanatory knowledge” – the ability to tell stories or develop formulas or ideas that explain why things are the way they are.

Those explanations may or may not be true, but they do enable a human being to approach a choice and consider, for example, “What is the ethical thing to do?” Religion, science, the arts – these are all made possible by humanity’s capacity for explanatory knowledge.

This is what makes us unique among living creatures on earth, if not the universe. Shifting back to theological language, we might say that our capacity for explanatory knowledge is what it means to be made in God’s image.

That capacity has made it possible for us to develop civilization and technology, to learn how to live in environments in which our bodies could not survive with biological knowledge alone.

This quality has enabled us to spread out across the world, to reach a global population of nearly 8 billion people, to harness the natural resources of the planet such that humanity has thrived beyond what its mere biology would allow.

This quality is also what puts our continued survival on the planet at risk.  And it is the quality that makes us the only ones who can restore the balance and save ourselves.

Whether from a theological or a scientific perspective, we are the ones who must radically change directions. Can we do it?

This afternoon, we will read the story of Jonah, the most successful prophet ever. 

Although he tries to escape his mission, Jonah eventually realizes that there is no avoiding God. Reluctantly, he marches off to the giant metropolis of Nineveh, a city so large it takes three days to walk across. He climbs up on his soap box and proclaims, “Forty days more and Nineveh shall be overturned!”

The people respond immediately.  They declare a fast, and put on sackcloth and ashes. When word reaches the king, he gets off his throne and he joins them, ordering everyone to participate, humans and even animals. God sees and forgives.  Disaster is averted. 

Can you imagine?

An entire society, top to bottom: the rich, the poor, the politicians, people of all ethnicities and religions – everyone recognizes the danger, accepts responsibility, and fully commits to change – overnight.

If only.

My children are really worried about whether the planet is going to be livable when they are adults.

While it would be nice to hold the greatest polluters accountable, I am afraid that it is up to humanity collectively, and us individually.

If you are in a position to make a difference on the supply side of the equation, you are our best hope. If you can influence the decision makers in government or are in government, or if you are in a position in your company to change policies and practices to be a better environmental steward, our children and grandchildren are counting on you.

Most of us are on the demand side of the equation. Whatever you are already doing, do more. If you can, install solar panels on your roof. Get rid of your gasoline powered car. Ride your bike or take public transit more. Rip out your lawn. Buy less stuff. Eat less meat. Move into a smaller space. Protect undeveloped land from human encroachment. We each have capacity, and we know best what we are capable of. Let others know what you are doing and celebrate each other’s actions. That is how we will make a difference.

May we be worthy of the trust given us by God to take care of this beautiful world with all of its excellent creations.

G’mar Chatimah Tovah.

https://www.sinai-sj.org/rjb-sermons/the-earth-doesnt-care-whos-at-fault-yk-5782

Birthdays and Yahrzeits – Yom Kippur 5781

In 1888, Ludvig Nobel died in France from a heart attack. The story is told that a French newspaper mistakenly reported that it was, in fact, Ludvig’s brother, Alfred, who had passed away. The obituary called Alfred a “merchant of death” who had made his fortune developing new ways to “mutilate and kill.”

Alfred Nobel was indeed an arms developer and manufacturer. He invented dynamite, and over the course of his career filed 355 patents for various explosives components. Alfred owned nearly 100 munitions factories.

When he read the mistaken obituary, Alfred Nobel came face to face with his legacy. He could not bear to be remembered for causing death and destruction.

In 1895, Alfred Nobel signed his last will and testament. In it, he devoted his fortune, worth around $265 million today, to a series of annual prizes that would be awarded to individuals from around the world “who, during the preceding year, shall have conferred the greatest benefit on mankind.” The categories included physics, chemistry, medicine, literature, and peace. Economics was added in 1968.

Alfred Nobel died the following year. The first Nobel prizes were awarded in 1901, and have since been granted to more than 500 people, including Albert Einstein, Marie Curie, Winston Churchill, and Martin Luther King, Jr. When we think of Alfred Nobel today, we think of the prize that bears his name.

Did Nobel’s late-in-life awakening serve as atonement for his earlier actions?  That is for God to say, but the good that he did at the end of his life is surely meaningful in its own right. It leaves Alfred Nobel with a complicated legacy.

The Nobel prizes are announced every year on December 10, the anniversary of Alfred’s death. Interesting that his birthday was not the date selected.

In America, we tend to celebrate great people on their birthdays. Presidents Day is sandwiched between George Washington’s birthday on February 22 and Abraham Lincoln’s on February 12. Martin Luther King, Jr. Day occurs on the third Monday of January to mark his birthday on January 15. Cesar Chavez Day occurs on March 31, also his birthday.

What is the difference between the date of birth and the date of death? What is a birthday? What does it represent?

It is fundamentally arbitrary. A birthday has significance because we say so.

It marks some multiple of 365 days since the day on which a person was born. Put another way, it is when the earth is in the exact same position in its orbit relative to the sun as it was when that person entered the world. 

One week from today, on October 5, the earth and sun will be aligned exactly as when my wife was born, for the 46th time. So happy birthday Dana.

The birth of a baby is just about the happiest thing in life. But why? The kid has not done anything yet.

All of the joy that we feel is for the potential that this child embodies. At a bris, and sometimes at a Simchat Bat, the baby is placed in Elijah’s Chair as if to say, this child could potentially be the mashiach, could be the one to make the world worthy of redemption.

Birthdays are about hope. By celebrating them, we suggest that having been born was a good thing. According to “celebration industry analysts” in 2018, the Children’s Birthday Party industry in the United states was worth $38 billion. That’s a lot of hope.

On the other hand, each successive birthday celebration reminds us that the time since our birth is increasing and the corresponding time to our inevitable end is shrinking.

Perhaps that is why some people become sensitive about their birthday and their age as they get older, as in when someone, only partially in jest, announces that they are celebrating their 29th birthday for the fortieth time.

Judaism does not traditionally celebrate birthdays. Instead, we observe the yahrzeits of those who have passed.

Yahrzeit is a Yiddish word that literally means “time of year.” It is the anniversary of a person’s date of death, according to the Hebrew calendar. While there are terms that reflect similar practices for Sephardic Jews, the word yahrzeit has migrated into Ladino as well.

We mark a yahrzeit in a few significant ways. Mourners light a memorial candle to burn for the entire day. The flame is seen as a symbol for the soul, and is inspired by the verse in Proverbs (20:27): Ner Adonai nishmat adam.  “The light of Adonai is the soul of a human.”

Mourners go our of their way to find or even assemble a minyan so that they can recite the Kaddish.

In synagogue, on the preceding Shabbat, we read all the names of those whose yahrzeit will occur in the upcoming week. While this technically serves simply as a reminder to mourners to light the candle and recite the Kaddish, the recitation and hearing of the name has become a ritual in and of itself. Relatives attend services on the preceding Shabbat to hear the name of their loved one being read.

Other customs to mark a yahrzeit include giving tzedakah, studying Jewish texts, and visiting a grave. Of course, telling stories about our loved one is central.

Where the birthday marks the potential, still unrealized future actions of a person, the yahrzeit marks the impact and legacy that a person has already made. It honors a life in its entirety. Birthdays look to the future. Yahrzeits look to the past.

Judaism evaluates a life based on the sum total of a person’s accomplishments – the good and the bad. As long as I have breath, my legacy is still incomplete. It is not yet time to celebrate.

Later this afternoon, we will observe Yizkor, a service in which we remember our loved ones who are no longer with us. Yizkor is about remembering what they meant to us and how they impacted us. We recognize that, even in death, the souls of the dead are bound with the souls of the living. 

Ruth Bader Ginsburg passed away a week ago Friday, on September 18. It was the 29th of Elul, 5780, Erev Rosh Hashanah. Over the past week, the tributes have poured in as people around the nation have honored her life and legacy.

Joan Ruth Bader was born on March 15, 1933 in Brooklyn, New York. She was a pioneer and a fighter throughout her career. She was one of only a few woman in law school at Harvard. She transferred to Columbia and graduated first in her class. RBG was the second woman to serve on the Supreme Court and its sixth—and longest serving—Jewis Justice. In death, she was the first woman and the first Jew to ever lie in state at the US Capitol.

From the beginning of her career, Ginsburg fought for gender equality and women’s rights. She argued, and won, many cases before the Supreme Court. She joined the Court in 1993 as a moderate consensus builder and later became the leader of its liberal wing. Notably in the last decade, she became a defender of voting rights.

Her chambers were decorated with the passage form Deuteronomy, Tzedek, tzedek tirdof – “Justice, justice shall you pursue.” 

RBG was always outspoken. She made a point of writing and reading her dissenting opinions from the bench when she had a point to make. She gave great interviews and could sometimes be a bit hasty in her comments – a testament to her freshness.

Her best friend on the court was her ideological opposite, the late Antonin Scalia, with whom she would dine and go to the opera. They were an example to the rest of us that it should be possible to have close relationships with those with whom we disagree.

Over the past decade and a half, the Notorious RBG became a pop icon and an inspiration to younger generations – which came as a total surprise to the petite Jewish grandmother from Brooklyn.

I do not know if we will remember Ruth Bader Ginsburg’s birthday, but I am pretty sure that we will remember her yahrzeit. The date of her passing on Erev Rosh Hashanah has special significance to Jews. She got to live every day of 5780, which feels so appropriate for a woman who pursued justice every day of her life, even when she was lying in her hospital bed.

RBG was a pioneer in life. Now that she is no longer with us, she continues to inspire us as someone who made every day of her life count. Usually we say, “May her memory be a blessing.”  For her, we can say “Her memory is a blessing.”

Of course, there are few people who achieve her level of greatness. Most of us will not have such far-reaching impact. But we do not have to compare her accomplishments to our own.

That is the force of the story about Alfred Nobel. It was when confronted with his own life’s legacy that he decided to change course. 

Yom Kippur is the day on which we face our mortality. It is the day when we consider our life as if it is at the end. If The Mercury News screwed up and printed our obituary, what would it say? Would we be pleased with the report?

There are two unique parts of the Yom Kippur service that occur in every Amidah over the course of the fast: Selichot and Vidui.

Selichot are the penitential prayers. We chant the thirteeen attributes of God, emphasizing God’s forgiving, patient nature. We know we have made mistakes. We want to be better, and so we are asking for another chance.

The Vidui is the confession. This is when we collectively list all of the ways in which humans miss the mark. We pound on our chests for each of them. While none of us has violated every sin on the alphabetical lists, we know in our hearts which ones apply to us.

Selichot always precede the Vidui. We want to make sure that God hears our confessions from the side of compassion. S’lakh lanu, m’khal lanu, kaper lanu, we sing. “Forgive us, pardon us, grant us atonement.” Atonement is essentially the opportunity for a new start.

Yom Kippur includes elements of both the Yahrzeit and the birthday. When we get through the day, we experience a kind of rebirth. While nothing from our past is erased, we now have another chance to add to our story.

What a wonderful blessing and charged opportunity.

Earlier in the Covid crisis, I heard a piece of advice for high school students that stuck with me. Imagine, when all this is over, when a college admissions officer asks you the following question: “What did you do during Covid?” how will you answer?

I don’t think that is a question for just high schoolers. It is for all of us.

How have I spent this time? 

RBG, who fought cancer for the past four years, continued her life’s work of pursuing justice, issuing Supreme Court decisions from her hospital bed.

Our lives have been inhibited in so many ways. I do not need to list them. But that should not be an excuse to give up. It should be an opportunity to do something in a different way.

When we come out of Yom Kippur, the world around us will be the same. The question that we must ask ourselves is, will I?

Take a Seat on the Throne of Mercy – Yom Kippur 5780

Think about an argument that you have had with someone in the past year.  Some time when you really got angry.  Picture the scene.  What did the other person do and say?  What did you do and say?  Think back to what led up to the fight, and what happened after it was over.  Are you still angry about it?

Now I have a question: What color were the other person’s eyes?  Can you even picture their face, or is it a blur?

It is not only when we are in a fight that we don’t look at one another.  We tend to be pretty self-centered in most of our interactions.  As society becomes more fractured and people become more atomized, this is only getting worse.

Self-centeredness lends itself to being more judgmental of others.  We are less willing to see things from another person’s perspective.

And yet, that is exactly what we ask God to do for us.  We want God to take note of us, to see things from our perspective, and have mercy.

It is ironic, because the dominant depiction of God during the High Holidays is as a King.  Last week, for Rosh Hashanah, we celebrated creation.  God is a Creator King.  Today, on Yom Kippur, we stand in judgment before our creator.  God is a Judge King.  

What does every King need? A throne, of course.  The Hebrew word for throne is kisei. The image of God’s kisei appears frequently in our High Holiday prayers.

One of those thrones appears in the prayer, Unetaneh TokefV’yikon b’chesed kis’ekha — “Your throne is established in love.”  V’teshev alav be’emet — “and You sit upon it in truth.  ‘Truth’ for you are judge and prosecutor, expert and witness…” The image is of God as a King and a Judge, reviewing the deeds of all of Creation, passing judgment on us on Rosh Hashanah and sealing it on Yom Kippur.  It is a terrifying image, suggesting that our actions in the past year seal our fate in the year to come.  There is no escaping the truth of our deeds.  The best we can do is avert the severity of the decree.  It is not particularly reassuring.

Fortunately, this is not the only kind of throne that we find in the Mahzor.  Another part of our Yom Kippur service is called Selichot.  We recite the words El Melekh yoshev al kisei rachamim.  “God, King, who sits on a throne of mercy.”  That is the image of God that we want.  “acting with unbounded grace, forgiving the sin of Your people, one by one, as each comes before You, generously forgiving sinners and pardoning transgressors, acting charitably with every living thing; do not repay them for their misdeeds.” The God of Selichot is the polar opposite of the God of Unetaneh Tokef: a God of mercy rather than a God of justice.

Our goal, through the season of repentance, is to elevate the Divine King from the Throne of Judgment to the Throne of Mercy.  It is why, for example, we add an extra l’eilah to the Kaddish.  L’eilah l’eilah: Higher and higher.  Rise up, O Lord, to Your Throne of Mercy.

This tension between justice and mercy, din and rachamim; law and righteousness, mishpat and tzedek, is found throughout Jewish tradition.  

It is in the commentaries and midrash and even in the Bible itself.  It is reflected in two most commonly appearing Divine names.  Yud Hei Vav Hei is the unpronounceable name that we read as Adonai or, “The Lord.”  The other name is Elohim, which we translate simply as “God.”

Jewish tradition understands these two names as reflections of the two aspects of the Divine persona.  These attributes oppose and balance one another.  Adonai is mercy and Elohim is Judgment.

Throughout the creation story of Adam and Eve in the Garden of Eden, the Divine is repeatedly referred to by both names, together: Adonai Elohim—”The Lord, God.”  This is atypical.  Usually, the Torah uses one or the other name.  It must mean something important.  A midrash offers a parable (Genesis Rabbah 12:15).

There once was a human king who had some drinking cups.   The king said to himself, “if I put hot water in them, they will shatter, and if I put cold water in them, they will crack.  What to do?  What to do?”

So what did the king do? He mixed the hot water with the cold water and then filled up the glasses so that they would not break.  (This is not rocket science, folks.)

So too did the Blessed Holy One say: “If I create the world only with the attribute of compassion alone, I will tolerate everything and the sins will proliferate uncontrollably.  But if I create the world only with the attribute of justice alone, how would it be able to stand?”

“So,” the Lord God concludes, “I will create it with both judgment and compassion.”

So far, this is a pretty straightforward midrash.  There are several rabbinic texts that say something similar.  But the two concluding words are unique:  V’halevai ya’amod.  “Would that it stands.”

This ending is delightfully ambiguous.  God says, “I’ll give this a shot.  I hope it works.”

The resulting world, our world, is a confusing mess.  Fate is unpredictable, and may or may not reflect a fair consequence of our actions.

This tension is on display in full force in the Book of Jonah, which we will read this afternoon.  The book opens with God’s command to deliver a prophecy against the residents of the wicked city of Nineveh. Without any explanation whatsoever, Jonah runs the opposite direction, booking passage on a ship.  When the inevitable storm appears, Jonah is asleep in the cargo hold.  The other sailors are doing everything possible to survive.  They each pray to their own gods.  They throw overboard anything that is not nailed down.

Nothing works.  When the captain finds Jonah asleep, he is incredulous.  “How can you be sleeping at a time like this!  Get up and cry out to your god!  Ulai—Maybe the god will give us a thought and we will not perish!”

Jonah ignores the captain in silence.  It’s like he wants to go down with the ship.  So they cast lots to identify the person on whose account the storm has come.  Of course, the lots indicate Jonah.

“What did you do?” the sailors cry.

Again, Jonah is silent.  

“What can we do to calm the sea?” they ask.

Finally Jonah speaks, “Throw me overboard and the sea will calm down, for I am the cause.”

The sailors are heartbroken.  They do not want to perform such a terrible action.  But the storm is raging stronger by the minute, and they have no alternative.  Before they do it, they offer a prayer to Jonah’s God.  “Please, Lord, do not let us perish on account of this man’s life.  Do not hold us guilty of killing an innocent person…!” Then they toss the prophet, and the storm ceases.  In appreciation, the sailors offer sacrifices and make vows to God.  

What is up with Jonah?  Why does he run?  The text offers no explanation.  You would think that he might try to argue with God.  Perhaps he could pray when the captain approaches him.  What is going on in this guy’s head? The man has a death wish.  He is on a one-way journey of self-destruction.  If not for the piety of the sailors, he would have brought them down with him.

God will not let Jonah off so easy.  Instead of letting him drown, God sends a big fish to swallow Jonah alive and deposit him on dry land after three days.  God orders Jonah, once again, to deliver a prophecy of destruction to Nineveh.  Realizing that there is no escape, Jonah performs his task.  He walks through the streets declaring, Od arba’im yom v’Ninveh neh’pachet—”Forty days more, and Nineveh shall be overturned!”

Compelled by these five inspiring words, the entire city—from the King to the people to the livestock—puts on sackcloth and fasts in repentance.  God backs down from the evil that had been planned for them.

Jonah’s reaction is exactly the opposite.  The forgiveness of the Ninevites “was exceedingly evil to Jonah, and he was angry.”

Now, finally, at the beginning of chapter four, Jonah reveals his motivations in what the text describes as a prayer to God.  It does not sound much like a prayer, though.  “This is exactly what I said would happen.  That’s why I ran away so quickly.  I knew that You are a compassionate and gracious God, slow to anger, abounding in kindness, repenting of evil.  Now, Lord, please take my life, for I would rather die than live.”

Jonah still harbors his death wish.  Why is he so upset? In this book, God is governed exclusively by the attribute of mercy.  Jonah knows it well.  He is certain that when the Ninevites hear his prophecy of doom and destruction, they will repent.

God, who is always ready to forgive a sinner, will then have to forgive the Ninevites.  Jonah’s prophecy of devastation will never come about and he will be made to look the fool. He would rather die than be embarrassed.

If God is driven solely by mercy in this story, then Jonah is governed by strict judgment.  The world he wants to live in is a world in which the wicked are always punished. He is willing to suffer to make this happen.  Jonah would rather die than act to prevent the deaths of others he deems not worthy. He wants to invoke the God of justice, but this is not a story about the God of Justice.  In this book, it is a merciful God who saves the sailors, prevents Jonah from drowning, and forgives the Ninevites, along with their animals.

Jonah is closed off to the possibility of change.  He is closed off to considering the internal feelings, thoughts, and experiences of anyone but himself.  He will not allow himself to consider it.  Justice prevents it.

Contrast him with the ship’s captain.  The captain says Ulai—”Maybe.”  What a beautiful, hopeful word.  The captain does not know why the storm has risen.  His world, and that of the Ninevites, is one in which is mercy is possible.  He does not know if Jonah’s prayer will work.  But he is hopeful.  Ulai.  “Maybe the god will give us a thought and we will not perish,” he offers wistfully.

The captain’s ulai sounds like God’s Halevai ya’amod from the midrash of the cups.  “Would that the world stands.”  We live in a world in which justice and mercy are both present.  Harsh, unrelenting punishment, competing with forgiveness and second chances.

I have suggested before that whenever we talk about God, we are actually talking about ourselves.  The midot, God’s qualities. are what we imagine to be the best possible attributes that a human being can achieve, but better.

So when we ask God to ascend from the throne of judgment to the throne of mercy, and when we read how Jonah is unable to prevent God from acting with compassion, we are talking to ourselves. It is we who are overly judgmental, and who suppress compassion for others in our relationships and interactions.  We are the ones who need to rise to the throne of mercy.

But it is so hard.  Every day, we have to deal with people who drive us crazy.

That person who lives under the same roof, who leaves their socks out on the floor of the living room, or the family member who yells at them for it.  The child who screams at a parent to change the radio station in the car, or the parent who insists on listening to the news.  (This is all hypothetical, of course.)

At school: the disruptive student who takes up 50% of the teacher’s time.

At work: the coworker who stubbornly refuses to see that my solution to the problem at hand is clearly the best one.  The employee who arrives late and goes home early while I work hard at my desk.

In the news: the politician who is clearly driven by the pure quest for power and ego-fulfillment, and the blind, naive supporters.  Why can’t they see the facts, which are so clear and straightforward?

My knee-jerk response is always to judge others.  Like Jonah, I do not take time to consider the experiences and emotions that another person might be feeling.  Instead, I judge that person only according to the impact of their actions on me, personally.

One of my favorite lessons in Pirkei Avot is taught by Rabbi Yehoshua ben Perachya.

Hevei dan et kol ha-adam l’khaf z’khut. “Judge every person to the scale of merit.”

Pirkei Avot 1:6

Imagine scales of justice, with one side representing guilt, and the other side representing or innocence.  We are encouraged to do everything possible to load up the side of innocence. 

I am really good at this, an expert, really… for myself.  I find all sorts of ways to justify my behavior, to excuse my mistakes.  I am so good at defending myself against the critiques of my family members, friends, and coworkers.

When it comes to other people… not so good.  Giving other people the benefit of the doubt does not come easily.

Consider every confrontation with another person that you have ever had.  Estimate the percent of time that you were the side in the right.  What would the percentage be?  50/50?  I don’t think so.

Human beings are naturally biased.  We have a strong tendency to be merciful with ourselves and judgmental of others.  This is called “illusory superiority.”  It is when a person tends to overestimate his or her own qualities and abilities compared to others.

80% of all drivers think they are above average.  Look around the room.  80% of us think that we are better than half of you.  

I know what you are probably thinking, because I am thinking the same thing: “but in my case, I actually am better than average.”  Sure you are.

Mashing up the Pirkei Avot teaching with the Torah’s commandment to “love your neighbor as yourself,” the Baal Shem Tov, the 18th century founder of Hasidism, adds

Since you always find excuses for your own misdeeds, makes excuses also for your fellow.

Is that doable?  The next time someone cuts me off on the freeway without indicating their turning signal, can I make an excuse for them?  Let’s try.

  • Maybe there is a woman about to give birth in the backseat.
  • Maybe there is a toddler having a temper tantrum.
  • Maybe the driver did signal, and I just didn’t see it.
  • Maybe the driver has been on the road for three hours and really needs to find a bathroom.

Imagine the story that would explain the behavior to be perfectly reasonable, even preferable perhaps—given the circumstances.

This is easy when it comes to people we don’t know and whom we do not have to face directly.  It’s easy to make up a creative story that probably isn’t true about someone I have never met before.  What about people we do know?

I recently heard an interview of Alan Alda on the podcast, Hidden Brain.  He wrote a book called If I Understood You, Would I Have This Look on My Face? in which he draws upon his work helping engineers and scientists to become better communicators.  Effective communication all comes down to “empathy and learning to recognize what the other person is thinking.”

In the interview, Alda quips, “I’ve noticed that the more empathy I have, the less annoying other people are.”

He suggests a simple practice that can help us develop greater empathy, improve communication, and improve our relationships.  While  interacting with someone, try to name the emotion that this person is feeling.  Psychotherapists are trained to do this in clinical settings, but there is no reason why the rest of us cannot employ this practice in our everyday interactions.

Alda suggests that we don’t even need to name the emotion.  Just taking note of the color of a person’s eyes can help us become more loving in our relationships.  

I am far less likely to get mad at somebody if I have a sense of what they are feeling and thinking, or if I have taken a moment to look deeply into their eyes.  This can be an effective way to elevate ourselves from the throne of judgment to the throne of mercy.  It is a way of conveying to myself, and to the other person:  “I see you, and I am listening to you.”

Alda writes that

Real conversation can’t happen if listening is just my waiting for you to finish talking…  Unless I’m responding with my whole self—unless, in fact, I’m willing to be changed by you—I’m probably not really listening.  But if I do listen—openly, naively, and innocently—there’s a chance, possibly the only chance, that a true dialogue and real communication will take place between us.”

Alan Alda.  If I Understood You, Would I Have This Look on My Face? (New York: 2017). pp. 10-11.

What a profound statement!  In how many of my conversations can I truly say that I was willing to be changed by the other person?

That is what it means to sit on the throne of mercy.  In our prayers, this is the essence of what we ask for from God.  Take note of us.  Look at our lives.  See how much we struggle.  Look at the good things we have done.  Look at how hard we have tried to repair our mistakes, to improve?  See us.  And forgive us.

I do not know whether there is a God who is listening to all of these prayers, but I do know that I ought to be listening.  Am I able to get up from the Throne of Judgment, and take a seat on the Throne of Mercy?

What Is Life Worth? – Yom Kippur 5779

[I got the idea for this sermon from an interview of Kenneth Feinberg by Steven J. Dubner on the podcast Freakonomics (of which I am a regular listener).  You can listen to the podcast here.]

Last week, on the second day of Rosh Hashanah, we observed the seventeenth anniversary of 9/11, when 19 terrorists hijacked four airplanes and crashed them into the World Trade Center in New York City and the Pentagon in Washington, D.C.  Nearly 3000 people were killed and more than 6000 were injured.

Almost immediately after the attacks, the airline industry started lobbying Congress.  It worried that the victims would bring lawsuits that would bog them down in court for years.  Congress worried that lawsuits would cause Americans to lose faith in air transportation and stop flying, which could have devastating effects on the country.  It quickly began drafting a law to limit the airlines’ liabilities.  But that meant victims’ family members, as well as those who were injured, would be restricted in their abilities to seek compensation.

At the last minute, Congress added a provision to address this concern.  They created the September 11th Victim Compensation Fund of 2001, to which eligible persons could apply in exchange for foregoing all rights to sue.  The American people would collectively pay damages to the victims of 9/11.

On September 22, 2011, just eleven days after the towers fell, the Air Transportation Safety and System Stabilization Act passed and was signed into law by President Bush.

The Act required the Attorney General to appoint a Special Master, who would be granted sole authority over the entire program.  The Special Master would be responsible for developing procedures by which family members and injured persons could apply for compensation.  He would have to develop a formula for determining award amounts.  He would also determine the total amount of money that the fund would distribute.  No distinctions whatsoever were to be made between citizens and non-citizens, including victims who were undocumented.

In effect, Congress gave the Special Master a blank check with which to compensate the victims and family members of 9/11.  Short of being fired by the Attorney General, there would be no oversight and no review.

No program like it had ever existed.

Attorney General John Ashcroft turned to a lawyer by the name of Ken Feinberg.  Feinberg was a Democrat, having worked for Senator Ted Kennedy early in his career.  Feinberg also had prior experience serving as a mediator for victim compensation funds.

Although a Democrat. Feinberg was well-respected and liked across the aisle.  Perhaps most importantly, he could be easily jettisoned if things did not go well politically.

Feinberg turned out to have been the perfect choice to serve as Special Master.  He demonstrated wisdom and sensitivity for the victims and their families.  He took his role as fiduciary for the American people seriously, and he considered the precedent that his decisions would set.  After closing the compensation fund three years later, Ken Feinberg wrote a book called What is Life Worth? in which he describes his experiences.

Consider the difficult position into which Feinberg was placed.  In administering the 9/11 Victim Compensation Fund, he found himself in the unenviable position of having to determine how much the lives of thousands of human beings were worth—in dollars.  He would have to weigh the relative merits of competing claims and decide whose death would be compensated with more and whose would be compensated with less.

It would have been far easier to simply state: “a life is a life.  We are all equal in the eyes of God,” and allocate identical amounts for each victim. 

But, in its hastiness, Congress ruled that the awards needed to be based on economic loss, that is to say, current and future anticipated earnings.  That meant that the family of a bond trader who earned $20 million annually would receive a greater payout than a firefighter, police officer, or soldier, not to mention a busboy who earned $20 thousand per year.

So Feinberg went to his Rabbi for advice.  It was not so helpful.  His Rabbi acknowledged that 9/11 was unique.  There were no ready-made answers contained in the Torah or Jewish wisdom.  “I alone had the ultimate responsibility of determining each award,” Feinberg wrote,

based largely on a prediction of what the victim would have earned had he or she survived.  It was a job that called for the wisdom of Solomon, the technical skill of H&R Block, and the insight of a mystic with a crystal ball.  I was supposed to peer into that crystal ball, consider the ebbs and flows that made up a stranger’s life, and translate all of this into dollars and cents.  (87)

Reactions by victims’ family members were all over the place, as one might imagine.  There was tremendous distrust of the program at first, and of Feinberg in particular, who became the public face of the U.S. government’s response to the families.

This program became the primary way that the American people would acknowledge the families’ losses in the first few years after 9/11.  It was inevitable that these payouts would be perceived as determinations of the worth of a person’s life in the eyes of the public.  

But money cannot bring closure.  Feinberg tried hard to emphasize that the purpose of the fund was to meet financial need, and not to value the moral worth of the victims.  But in creating this fund, Congress set up a dynamic which encouraged people to translate the value of their loved ones in dollars.  That perception was difficult to overcome.

Feinberg knew that the families’ emotions were raw, and that they would need time and space to vent.  At the beginning of the process, he personally led public meetings, strongly encouraging all family members to attend.

He and his office personally tracked down the relatives of every single victim, in the US and abroad.  That included eleven undocumented workers, whose foreign relatives were especially difficult to locate.  He made himself available for one on one meetings with anyone who desired, at any stage in the process.  In two years, Feinberg personally met with over 900 families.

In those meetings, they told him stories about their loved ones.  They expressed anger and sadness.  They wanted to know why it happened, and why their loved ones had to die.  Some expressed faith.  Others shared their loss of faith.

Of course, every family had a story to explain why their loved one was unique, and why their death deserved greater compensation.  After all, if money is the measure of a life’s worth, I would be disrespecting my loved one’s memory if I did not argue for more.

How can the pain and suffering of two different people be compared?  Is the loss more difficult for a spouse who enjoyed thirty years with another person, or for a newlywed who had an entire lifetime taken away?

Should the family of a firefighter who died saving the lives of dozens of other people be worth more than that of a secretary, or a chef, or a lawyer?  Should age be a determining factor?  What about the more than 60 widows who were pregnant with a child who would never know their father?  Is that worth more?

In the end, Feinberg decided that he would not distinguish.  Each victim would get $250,000 for pain and suffering, and each surviving spouse or dependent would receive $100,000. 

Nevertheless, he encouraged families to talk about their loved ones, inviting them to share what was special and unique.  This program could help serve as witness to their grief.  It was an important step in reframing the program and helping families begin to move on.

Senator Kennedy advised Feinberg “to make sure that 15% of the families don’t receive 85% of the taxpayers’ money.”  While the awards could not be identical, they also did not have to be proportional to income.  Feinberg could nudge low amounts upwards, and nudge higher amounts downwards—and he did.

He developed a formula to determine awards, and further reserved the ability to make adjustments in special cases.

In the end, ninety seven percent of all eligible families entered the program.  Spouses and dependents of 2,880 victims received almost six billion dollars in tax-free compensation.  The median award was just under 1.7 million dollars, and the maximum award was 7.1 million dollars.

2,682 of those who were injured received more than one billion dollars in compensation.  

When the fund was closed at the end of 2004, it was considered to have been a tremendous success.  The families were appreciative of Ken Feinberg and his team.  The compensation they received did not bring their loved ones back, but did help them to piece their lives back together and begin to move on.  It was not so much the money that did that, but the respect and dignity that was afforded to each individual life.

Judaism has many teachings about the extraordinary worth of an individual human life.  The earliest law code, the Mishnah (Sanhedrin 4:3), imparts this lesson as early as the second century.

Therefore, Adam was created by himself, to teach us that whoever destroys a single life is considered by Scripture to have destroyed the whole world, and whoever saves a single life is considered by Scripture to have saved the whole world.

The context of this teaching is important.  It is a short speech that is delivered to witnesses in a murder trial before they present their testimony.  It is supposed to warn them of the importance of testifying truthfully, as the accused’s fate will be determined by their words.

Each human being must be considered to be like Adam, the first human, from whom all of humanity descended.  “Choose life,” the Torah instructs us.  Life is of such enormous value that, with just three exceptions, we are commanded to violate every mitzvah in the Torah to save it.  In Kabbalah, Jewish mysticism, we learn that a person is an olam katan, a small world, a microcosm of heaven and earth itself.

To quote a certain credit card company, a human life is “priceless.”

Valuing a life in dollars and cents is cold and arbitrary.  But we tend to do exactly that.  Think about the expression, “So and so is worth x amount of dollars.”  Or a company.  Apple recently became worth more than one trillion dollars.  I hope we can agree that a person’s real value, and even a corporation’s real value, should not be determined by income or wealth. 

To do so would seem to go against everything that Judaism teaches us.

But, in other contexts, Judaism does value human life in shekels.  In ancient times one of the ways in which a Jew could express gratitude or hope to God, would be to proclaim a vow.  A vow is essentially a promise to deliver something specific of value to the Temple.  

In making a vow, I might dedicate a field, a particular animal, or the income that someone will earn over a period of time.  Or, I could dedicate a person—either myself or a member of my household.

If I dedicate an animal, I am obligated to bring that specific animal to the priest.  No substitutions are permitted.  So if I offer a person, must that person be sacrificed, or sent to work in the Temple for the rest of his or her life?  How do I dedicate a person to God?  

The Torah establishes that to fulfill a vow for a human being, I must pay that person’s value, in shekels, to the Temple treasury.

The exact value is determined by the priest, and is based on the ability of the vower to pay.  But there is a minimum and a maximum.  The minimum, according to the Mishnah, is 1 shekel of silver.  That is about $9 in today’s money, at current silver rates.

The Torah lists the maximum amounts, based on age and gender.  Adult males between twenty and sixty are worth 50 shekels of silver.  Females are worth 30.  And so on for children, babies and elders.

The only factor that can be used is personal wealth.  The Mishnah specifically states that the maximum assessment of 50 selas (the replacement for the shekel) would be identical for the finest looking and the ugliest person in Israel.  (Arachin 3:1)

This formula is not so dissimilar to the formula that Ken Feinberg used.  Values based on wealth, with minimum and maximum caps.

What is a life worth?

Since none of our riches will come with us, what can serve as the true measure of a person’s value?  

The High Holidays bring the question of our life’s value to the forefront of our consciousness.  It is nowhere better expressed than in the prayer Unetaneh Tokef in our mahzor.

This prayer, which is really an allegory, takes place in a courtroom.  God is never mentioned directly by name, but presides as Judge, Prosecutor, Expert, and Witness.  Each of us is the plaintiff, with our actions serving as evidence and the fate of our lives hanging in the balance.  Every deed, public and private, remembered and forgotten, is entered into the record.

The shofar sounds, and the allegory shifts.  Now we are sheep passing before the Shepherd, one by one.  The Shepherd examines each one of us, counting and inspecting, and determining our fate for the year ahead.

Who will live, who will die.  Who by fire, who by water.  Who will be impoverished.  Who will be made rich.  Who will be brought low, and who will be raised up.

The results are not shared with us.  But that is not all.  Read the prayer closely.  There is no causal relationship between the verdict and the sentence.  We emerge from the courtroom in suspense, with our destinies hanging.

Unetaneh Tokef captures the fragility of our existence.  There is no appeal for the Judge to change the verdict, nor for the Shepherd to alter the decree.  The imperfect world we live in does not work that way.  Despite the illusion of control, we know that so much of our lives are determined by forces outside of our control.

In the year ahead, it is certain that each one of us will experience disappointment and loss, joy and success.  At some point, may it be many years from now, each of us can be certain that we will face the end of our own life.

While terrifying, this allegory invigorates.  It tells us that every action, in every moment, matters.  Every deed in the Book of Remembrance is a record of our impact on the universe.  

So what is a life worth?  From one perspective, almost nothing.  One of the prayers after Unetaneh Tokef compares a human being to: a broken shard, withering grass, a shriveled flower, a passing shadow, a fading cloud, a fleeting breeze, scattered dust, and a dream that flies away.  In the vastness of the universe, we are almost nothing.

But each of us is also an olam katan, a microcosm of that same universe, with a spark of divinity hidden inside our hearts.

The knowledge that there will be a reckoning makes life matter.

The value of the lives of the 9/11 victims could not be measured by any dollar amount.  It is measured by the deeds they performed in the time they were allotted; the love they shared; the people they helped; the mistakes they made; the husbands, wives, children, brothers, sisters, parents and friends they left behind; the communities they enriched; the traditions they passed down; the beauty they paused to acknowledge; and the growth and learning they experienced each day that they were blessed to be alive.  The lives of those who died rescuing others are valued by those whom they saved.

The same is true for all of us.  Unfortunately, that is a lesson that we too often learn at the end.

What is life worth?  It is worth what we decide to make it worth.

Rabbi Harold Kushner once told the story of a man who, at the end of a full life, dies and suddenly finds himself standing at the end of a long line that leads to two doors — and there is an usher. 

“Move along,” says the usher.  “Keep the line moving.  Choose a door and walk through.”

Looking ahead, the man sees, at the very end, one door marked “Heaven” and the other marked “Hell.”

Gradually, the man proceeds up the line.  He observes that most people, without hesitation, walk confidently to the door marked Heaven, open it, and enter.  For every person whose turn arrives, someone new joins the back of the line.

Eventually, the man finds himself up front.  This is his chance to ask the question that has been burning inside.  “Wait a minute.  Where’s the Last Judgment?  Where am I told if I was a good person or a bad person?  Where are all my deeds weighed and measured?”

The usher looks at him and says, “You know, I don’t know where that story ever got started.  We don’t do that here.  We’ve never done that here.  We don’t have the staff to do that here.  I mean, look, you’ve got ten thousand people showing up every minute.  I’m supposed to sit here with everyone and go over his whole life?  We’d never get anywhere.  Now move along.  You’re holding up the line. Choose a door and walk through.”

“You mean I really have to choose?”

“Yes.  Now pick one already.”

Heaven.  What would that mean?  All would be wiped away — the acts of cowardice, the mistakes and regrets.  But also the agonized moral choices, the moments of courage, the times he chose the more difficult path.  

Hell.  That would bring judgment and accusation.  It would mean risking punishment.  Can he face that?  Will his merits outweigh his misdeeds?

“Come on.  We don’t have all day,” complains the usher, tapping his foot.

Taking a deep breath, the man says to himself, “I want my life to have mattered,” and walks through the door marked “Hell,” ready to be judged.

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?

Cultivating the Ability to Say “I Love You” – Yom Kippur 5778

The Baal Shem Tov, the founder of Hasidism, once said:

I came into the world to show another way, to cultivate love of God, of Israel, and of the Torah, and there is no need for fasting and mortification.”

Now don’t get too excited.  I do not think he was saying we should not fast on Yom Kippur.  But he is suggesting that the cultivation of our ability to love is the most important thing we can do.  How do we cultivate love?

Today’s Torah reading does not offer much guidance.  It describes the ritual that Aaron, the High Priest, performed on behalf of the Israelites on Yom Kippur.  It goes into all of the technical details of washing, dressing, offering sacrifices, and even sending a goat off into the wilderness.  All of this so that the Tabernacle could be purified of the sins that had accumulated over the course of the year.

The High Priest had a crucial role to play, and only he could play it.  In describing the ritual, the Torah speaks matter-of-factly.  We gain no insight into the internal emotional state of the High Priest as he performs the rituals.  But it must have been a terrifying and exhilarating experience.  I imagine that many High Priests might have been motivated by their love for the Jewish people.

The single hint of what Aaron could have been feeling appears in the opening words of the reading.  “The Lord spoke to Moses after the death of the two sons of Aaron who died when they drew too close to the presence of Adonai.”  (Lev. 16:1)  The language is cold and factual, but it draws our memories back to the tragic deaths of Nadav and Avihu, six chapters earlier.

Is this a detail that we need?  After all, it does not add anything to the procedures.  Perhaps, as our Mahzor suggests, it is a warning to remind the High Priest of what is at stake if he is not careful to perform the ritual exactly as prescribed.

Or maybe the Torah is trying to remind us that the individual who performs this ritual on our behalf bears his own burdens and struggles.  “After the death of the two sons of Aaron” brings us back in time to the moment and its aftermath when Nadav and Avihu were inexplicably struck down.

Moses steps forward to take charge.  Explaining the tragedy, he comes off as something of a “know it all.”  His grieving brother’s response?  Vayidom Aharon.  “Aaron was silent.”

Moses instructs a couple of cousins to remove the bodies.  He tells Aaron and his sons that, due to their position, they are not permitted to engage in public mourning.  He instructs them to continue the sacred offerings, as if nothing has happened, reviewing in detail all of the procedures.  Then, when Moses sees Eleazar and Itamar, Aaron’s remaining sons, doing something which he thinks is improper, he scolds them.  That is a step too far.  Aaron ends his silence, pushing back against his brother’s cold, by-the-book attitude.

Moses relents.

Aaron needs something from his brother in that moment, and he does not get it.  Moses shows no compassion, no acknowledgement that Aaron has just experienced the worst loss a parent can suffer.  Surely Moses loves his brother, but he fails to look beyond the garments of the High Priest to the suffering person underneath.  What would have comforted Aaron?  What would have reassured him that his brother, his family, and indeed the Israelite nation, loved him?

We do not know.  The Torah is silent.

As human beings, we are social creatures.  Included in our basic core requirements, in addition to food, clothing, and water, is our need to be loved.  And not only romantic love, but the love between parents and children, siblings, other relatives, friends, and even God.

When a person knows that he or she is loved and accepted unconditionally, that person is better able to return love, feels more settled, and is more willing to take risks with the knowledge that love is not on the line.  And when that person suffers a loss, as Aaron did, he is able to move through the stages of grieving with more resilience.

One of the unconscious mistakes that most of us make is assuming that we know what other people need from us.  “Do unto others as you would have them do unto you” is not necessarily the best advice, as each of us wants different things.

Centuries after Aaron performed the ritual in the Tabernacle, the High Priest would conduct a similarly intricate series of rituals in the Temple in Jerusalem.  As in earlier times, the purpose was to bring about atonement on behalf of the Jewish people.  Over the course of the year, the people’s sins accumulated, polluting the sanctuary.  God’s Presence could no longer remain in a polluted sanctuary.  The atonement rituals served as a spiritual cleansing, enabling God’s Presence to return.

The Talmudic Tractate, Yoma, goes into great detail about the rituals of Yom Kippur.  In the fifth chapter, it describes the incense offering.  (Yoma 5:1)  The High Priest places the specially formulated incense on hot coals in a metal pan so that the entire chamber of the Holy of Holies fills with smoke.  He then exits the Holy of Holies, walking backwards.  When he reaches the outer chamber, the High Priest pauses to recite a short prayer.  The Mishnah emphasizes that the High Priest would not pray for too long, so as not to alarm the people who are waiting for him outside.

It is known that a priest who alters the recipe for the incense, or who is not himself fit, can be struck dead on the spot while in the Holy of Holies.  If such were to occur, the regular priests waiting outside would have a problem, as none of them are permitted to enter the sacred precincts while the High Priest is in the Holy of Holies.  Maimonides reports that many Second Temple priests perished while conducting the Yom Kippur ritual .

After completing his duties and emerging safely from the Holy of Holies, the High Priest throws a big feast for his loved ones to express his gratitude that no tragedy has befallen him.  (Yoma 7:4)

The Talmud (Yoma 53b) relates a particular incident that occurs one year.  A certain High Priest is inside the Holy of Holies, reciting his prayer after the incense offering, but he is not coming out.  His fellow priests are worried.  Maybe he needs help?  Maybe he fainted?  Maybe he has been struck dead by a bolt of lightning!?

After speculating on the increasingly gruesome possibilities, they finally agree to enter.

Just at that moment, the High Priest emerges, triumphant.

“Why did you take so long to pray?” they ask him.

“What are you so worried about?” he responds.  “After all, I was praying for you and for the Temple to not be destroyed!”

Angry, they respond, “Well, don’t make a habit out if it.  You know what the law says; ‘He would not extend his prayer, so as not to alarm the Jewish people.'”

Clearly, there is a failure of communication.  The High Priest is convinced that he is doing the right thing for the people.  He loves them.  He is praying for their survival, and for the survival of the Holy Temple.  “Everything I did, I did for you,” he seems to be saying.  What could be wrong with that?

He has miscalculated.  In fact, his prayer is somewhat self-serving.  He prays for the people, and for the temple to not be destroyed.  He, of course, has a personal interest in the continued functioning of the Temple.  He assumes that everyone else wants the same.

It turns out, the people want something different.  “But what you did for us is not what we wanted you to do for us.”

What do they want?  He is their beloved High Priest, their religious leader.  They are worried about him.  They want his presence, not his prayers.  They are looking for a more intimate relationship than what he has offered them.  He does not seem to understand their needs – much as Moses fails to understand Aaron’s needs in his moment of loss.

This is one of the major stumbling blocks in relationships.  We do not pay the right kind of attention to what the people we love need.  Different people need to be loved in different ways.

Let’s each think for a moment about someone who loves us, either now or in the past.  It could be or have been a partner, a parent or child, a relative, or a friend.  Let’s ask, “How do I know that this person loves or loved me?”

The marriage and family counselor Gary Chapman wrote a well-known book called The 5 Love Languages which he has subsequently expanded into a small empire.  (I am indebted to Rabbi Laurie Matzkin for making this connection.)  His basic premise is that there are five essential ways of communicating love of all kinds.  Every person has a primary emotional language that determines how they best receive love.

Chapman argues that by knowing which is our own primary love language, and which is the primary love language of our partner, child, parent, or friend, we will be able to both give and receive love in a fuller way, and will have deeper, more fulfilling and compatible relationships.

If we are having difficulties in a relationship, it may very well be the case that the two individuals are not speaking one another’s love language.

The five love languages are, in no particular order:  “Words of Affirmation,” “Quality Time,” “Receiving Gifts,” Acts of Service,” and “Physical Touch.”  I will briefly summarize each of them.

Someone who responds best to “Words of Affirmation” likes to receive unsolicited compliments and kind words.  Saying “I love you,” sincerely of course, leave this person feeling great.  Conversely, this person takes insults very hard.

A person whose primary language is “Quality Time” appreciates nothing more than full, undivided attention.  Put the cell phone on mute, turn off the TV and be present with this person for focused conversations or shared activities.

Some people blossom by “Receiving Gifts” that reflect care and thoughtfulness.  Don’t mistake this for greed.  A meaningful gift could be a flower plucked from the garden.  Marking birthdays and anniversaries with a gift are important for those who speak this language.

Those whose primary love language is “Acts of Service” appreciates it most when things are done for them.  Washing the dishes, performing other household chores, or relieving a burden are received as expressions of love.  On the other hand, laziness and not following through communicate to this person that he or she does not matter.

Finally, some people communicate love through “Physical Touch.”  Hugs, a pat on the back, holding hands, or simply sitting close to another person are received as acts of love.  When a child who is feeling bad comes over to sit in a parent’s lap and nuzzles their neck, it is probably a good indication that “Physical Touch” is that child’s primary love language.  When a person who speaks this language does not experience physical contact, it can be lonely and insecure.

We all speak each of these languages, but for most of us, there is one that is dominant.

So… which do you think is your primary love language?  Think back to how you answered the question about how you knew you were loved.  “Words of Affirmation,” “Quality Time,” “Receiving Gifts,” Acts of Service,” or “Physical Touch.”

Chapman identifies three questions to help us figure it out.

1.  How do I typically express my affection for other people?  Our natural inclination is to express love in the way that we hope to receive it.  That is why the High Priest expresses his love for Israel by praying that they and the Temple will not be destroyed.  In Chapman’s language, we might say that the High Priest’s language is “Acts of Service.”

2.  What do I most complain about to my loved ones?  This could indicate that I am feeling abused in my primary love language.  The people complain to the High Priest that he was not there with them.  Their primary love language is “Quality Time.”

3.  What am I most likely to ask for from my loved ones?  The thing that we most often request from our friend, partner, or family member is likely connected to the thing that would most likely make us feel loved.  A spouse who insists that her partner mark her birthday with some sort of present or special activity speaks the language of “Giving Gifts.”

Knowing this about ourselves, and about each other, can make a tremendous difference in our relationships.  I may hate to do the dishes… with a passion.  But if I know that my spouse’s love language is “Acts of Service,” then by doing the dishes, I am actually saying “I love you” to her.  It even makes me feel differently about doing the dishes.  And my partner feels loved.

When we love another person, we want to make that person happy.  We want that person to feel secure, and to know that our love for them is unconditional.  Knowing which language to speak is key.

Can we apply this paradigm to God?  What is God’s primary love language?

Ahavah, the Hebrew word for love, means something different in the Torah than the word love means to us today.  The concept of ahavah is wrapped up in covenant.  In the Shema, we recite V’ahavta et Adonai Elohekha b’khol levavekha uv’khol nafshekha uv’khol me’odekha.  “You shall love the Lord your God with all of your heart, with all of your soul, and with all of your might.”

The Torah is not talking about an emotional feeling.  It is talking about actions.  How do we express our love for God?  Through actions.  By teaching our children, reciting words of Torah at home and on the road, at night and by day.  By putting up mezuzot on our doorposts and wrapping tefillin on our arms and our heads.  These are concrete deeds which express our relationship as individuals and as a people to God.

So we might say that God speaks the language of “Acts of Service.”  Through our actions, through performance of mitzvot, we express our love for God.

God has a different way of expressing love for us.  The language is all over our prayers.  How do we know that God loves us?  “Gift Giving.”  In the morning service, we recite Ahavah rabah ahavtanu.  “You loved us with a tremendous love.”  How?  Through the gift of Torah.

In the Torah’s covenantal language, God gives us the Promised Land, along with peace, security, and prosperity.  But is this all we want?  After all, the rabbis insist that we should strive to serve God not for a reward, but for God’s own sake.

In a more spiritual sense, what we long for is “Quality Time.”  In today’s Amidah, we say vatiten lanu Adonai Eloheinu b’ahavah… “You have given us in love, Adonai our God, this Shabbat day for holiness and rest, and this Yom Kippur for pardon, forgiveness and atonement…”  The ability to experience a sense of holiness in time comes through the weekly gift of Shabbat, as well as the annual cycle of holidays, each of which offers a unique opportunity to relate to God.

In Biblical and Temple times, the Yom Kippur ritual is what enabled God’s Presence to remain or return into the people’s midst.  With the knowledge that God was with them, the nation felt safe and protected.

The rituals of the Temple have been replaced by synagogue worship and personal teshuvah.  It is now we, individually, who long to feel the Presence of God in our lives.

As the 20th century theologian Martin Buber describes using the language of I-Thou, it is when we can fully encounter another person with our entire being that we experience God.  I would suggest that this can only happen when we are feeling loved, and are able to express love to someone else in the language that they understand.

In this new year, to experience God more fully, let’s strive to experience each other more fully.

Let’s figure out our own love language.  And them, let’s pay attention to our partners, parents, children, and friends to learn how to better express our feelings to them in the language that they will understand.

May we be sealed in the book of life for a year filled with the cultivation of love, both expressed and received, for God, for Torah, and for each other.

The Day Of Forgotten Things – Rosh Hashanah 5778 (second day)

A Hasid once complained to the Gerer Rebbe that he was always forgetting his lessons.

“When you are eating soup, do you ever forget to place the spoon into your mouth?” the Rebbe asked.

“No, of course not,” was the student’s puzzled reply.

“Why not?” asked the Rebbe.

“Because I cannot live without food,” said the student.

“Neither can you live without learning,” responded the Rebbe.  “Remember this and you will not forget.”

The Jewish people is a people of memory.  Over the millennia, we have gotten pretty good at it.  Maybe the best.  This talent of ours is rooted in the Torah.  The Torah opens with the Creation of the world in six days.  On the seventh day, God ceases laboring.  It is this ceasing which completes the act of creation.  Later, God instructs the Jewish people to replicate God’s act of Creation by laboring for six days and then resting on every seventh.  Shabbat, the anchor of Jewish life, is an act of memory.

This weekly cycle of work and rest creates, as Heschel describes it, a Palace in Time.  Every Shabbat becomes a memorial for what we are marking today – the Creation of the universe.

And it is does not end there.  The entire Jewish calendar is built around memory.  All of our holidays memorialize formative events of Jewish history.  Exodus from Egypt.  Dwelling in booths in the wilderness.  Overcoming destruction in ancient Persia.  Even in recent times, we memorialize our people’s suffering in the Holocaust, and celebrate the establishment of the State of Israel.  Wherever we are in the physical world, our Jewish calendar emphasizes that sacredness is experienced not in space, but in time.

We do not encounter God by walking into particular locations.  We encounter God by being present in discrete moments of time.

As America struggle with how to remember difficult parts of its past, it would seem that our Jewish expertise may be able to offer some guidance.

And yet, we are no different than anyone else when it comes to forgetfulness.  Especially when it comes to our own lives.  What have we forgotten?

At forty one years old, I have forgotten many things.

Sometimes I forget where I put my keys.

I have forgotten the wonder of childhood, the belief that anything was possible, that there was no barrier between what is real and what is magical.  At a certain point, cynicism and skepticism intruded and shackled wonder.  (For a reminder of what it used to be like, just talk to a four year old.)

I have forgotten the dreams and imagination of youth, when I longed to be an astronaut, a Jedi knight, and a baseball player.

I have forgotten what it feels like to fall in love, to feel unquenchable passion and longing.

I have forgotten what it feels like to be present when a new life comes into the world, or when my child takes her first steps.

The idealism of youth has been replaced by a realism forced upon me by responsibilities and disappointment.  The excitement of unlimited possibility has been stifled by the realities of bills and deadlines.

Even more numerous are those things that I cannot even remember forgetting.

We could fill books with everything we have forgotten.

Indeed, we do.

We call Rosh Hashanah Yom Hazikaron, the Day of Remembrance.

But perhaps that is not the best name.  Maybe it should be Yom Hanishkachot.  The Day of Forgotten Things.

In the prayer Unetaneh Tokef, our Mahzor paints a vivid picture of the Heavenly Courtroom.  God is the Judge, Prosecutor, Expert, and Witness.  Vatizkor kol-hanishkachot.  God remembers all of the forgotten things.  The Book of Remembrance is opened, but God does not read it.  Ume’elav yikarei.  It reads itself, for the hand-imprinted seal of every human being is upon it.

The image of a courtroom, with the evidence comprised of all of the things we have forgotten, is powerful and scary.  But why is the emphasis on the forgotten things?

The nineteenth century Hassidic Rebbe, Yisrael Rizhiner, teaches that God remembers everything we forget, and forgets everything we remember.

We read in the Rosh Hashanah Prayer: “For You remember all forgotten things,” and “there is no forgetfulness before Your Holy Throne.”  This means that when a person performs a mitzvah, but then forgets it and demands no reward, then the Lord remembers it; but if the person keeps it in his memory and expects a reward for it, then the Lord forgets.

Also, when someone transgresses and remembers it, and repents of it, the Lord forgets about the sin; but when the a person pays no heed and forgets his sin, the Lord remembers.  (Louis I Newman, Hasidic Anthology, p. 400)

According to the Rizhiner, the sins we remembered and corrected.  And the mitzvot that we performed for their own sake, the good deeds that we did not allow to go our heads and inflate our hearts, these count as merits on our behalf.

But I suspect that many of us tend to do the opposite.  We act as if we are entitled to be rewarded for our actions.  We behave greedily, without taking responsibility for our mistakes, and yet we expect everyone else to pay for theirs.

And today, on the day of Judgment, it is the forgotten things recorded in the Book of Remembrance that determines our fate.

One of the three special sections of musaf is Zikhronot, remembrances.  Let’s recall some of its opening words:

Before You stands revealed all that is hidden, and every mystery from the moment of creation.

Nothing is forgotten in Your awe-inspiring presence, nothing concealed from Your gaze…

We cite ten verses from the Bible extolling Divine memory.  God remembered Noah and all of the animals on the ark, and caused the waters of the flood to subside.  God heard the cries of our ancestors in Egypt, and remembered the Covenant with Abraham, Isaac, and Jacob.  As destruction threatened Jerusalem, God remembered the idyllic time during the Exodus when God and Israel were like newlyweds.

We bring up these memories to remind God of moments when compassion overcame the demands of strict justice.

Remembrance is more than just awareness.  It is attentiveness.  God does not just remember Noah, God saves him.  God redeems our enslaved ancestors and restores an exiled people to its home.

Why have we placed these verses in our Machzor?  Could it be that we are pleading with God to remember because we feel that we have been forgotten?

We are surrounded by so much suffering.  Recent hurricanes and earthquakes remind us that, for all of our civilization and technology, we are helpless before the power of nature.  As we have just seen, God does not seem inclined to hold nature back.

Despite our immense privilege, living in the wealthiest country at the wealthiest time in history, so many of us feel that we do not have control over our own lives.  Housing is insecure, employment is shaky, relations are frayed.  Has God forgotten us?

Maybe we pray so fervently to God, the Rememberer of Lost Things, because we feel lost and abandoned.  Or maybe, on this New Year, we are reflexively pleading with ourselves to remember.  Perhaps it is we who have forgotten.

We have forgotten to be attentive to the needs of our neighbors.  We have forgotten to look at the world with awe and wonder.  We have forgotten to open our hearts in prayer and gratitude for all of the blessings that we take for granted.

Perhaps we need to add an “al cheit,” to the list of confessions that we recite on Yom Kippur.  Al cheit she-chatanu lefanekha be-hese’ach ha-da’at – “For the sin that we have committed before You of neglect and lack of conscious attention.”

Rebbe Nachman of Breslov was a gifted storyteller and a vivid dreamer.  His tales are imaginative, mystical, and deeply symbolic.  He tells a story of an angel named Yode’a, which means, “he knows.”

There is an angel who watches over people, even in the dark.  This is Yode’a, the Angel of Losses.  He watches lives unfold, recording every detail before it fades.

This angel has servants, and his servants have servants.  Each servant carries a shovel, and they spend all their time digging, searching for losses.  For a great deal is lost in our lives.

Even we, who are ourselves lost, search in the dark, aiding Yode’a.

And with what do we search?  With the light of the soul.  For the soul is a light planted in us to seek after what has been lost.

What kind of light is it?  Not a torch, but a small candle.  With it we can search inside deep wells, where darkness is unbroken, peering into every corner and crevice.  (Howard Schwartz, Leaves from the Garden of Eden, p. 21.)

How much have we forgotten!  How lost we are!  But we are searching.  The way to search, the way of the tzaddik, is to use the light emanating from our souls to illumine the darkness.  How can we use our souls to remember forgotten things?

Let’s begin remembering right now.  Turn to the person sitting to your right.  Tell that person one thing that you appreciate about them.  It has to be something you have never told them before.

I bet it feels pretty good to be acknowledged, to be remembered.  I bet it also feels pretty good to acknowledge someone else.  That is the feeling of our souls illuminating something that has been forgotten.

Let’s each commit to doing this at least once more today.

We can make the angel Yode’a‘s job a little easier and help ourselves and each other regain a little bit of what we have lost on this Day of Forgotten Things.

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.