Category Archives: Shabbat

in defense of jewish universalism and liberalism – a rampage

This past week I was assaulted twice by attacks on Jewish Utopianism.  I am not blameless.  I choose to expose myself to briefings and podcasts that run the gamut of Jewish and political thought, but I was nonetheless taken aback by a similar message from disparate sources all on the same day.

Daniel Gordis, during an AIPAC briefing and latter in a Jerusalem Post Op-Ed [i] argued that the problem with Europe, the EU, The Left, our college youth and/or Conservative and Reform Rabbinic students (pick any or all of the above) is that they have missed or forgotten the core message of Judaism, Zionism and the State of Israel.  Gordis is actually coming out with a book in August; The Promise of Israel (I have not read but see pre-publication review here). According to Gordis, these misguided leftists believe in a utopian universalism best optimized by John Lennon in his anthem “Imagine”.

Imagine there’s no countries
It isn’t hard to do
Nothing to kill or die for
And no religion, too
Imagine all the people
Living life in peace

Gordis is not original in his distaste for this, one of my favorite songs. His colleague at the Shalom Center, Ze’ev Maghen wrote a whole book, or in his words; rampage on it. (see: Imagine John Lennon and the Jews: A Philosophical Rampage)

I have also heard Michael Oren make this argument and Lennon reference. The water at the Shalem Center might be a tad bitter. [ii]

Gordis sets up a false dilemma by arguing that the opposite of Universalism is Nationalism.  He and those making the argument are either ignorant or disingenuous in suggesting that Judaism and Zionism, at their core are Nationalistic to the exclusion of Universalistic.

In a wonderful example of reduction ad absurdum, Gordis argues that any movement, political or cultural uprising which rejects any form of universalism (such as the EU, the UN, NATO etc.) is a de facto vote for Israel.  Ergo…. the vote for Brexit and the popularity of Trump …. is good for the Jews.

An understandable reaction to Gordis’s remarks would be to sit our college kids down, pull our Rabbinic students out of class and explain (with pained sensitivity) that their problem is that they are too idealistic.  Given the holocaust and continued enmity faced by our people, not to mention, a careful re-reading of Judaism and Zionism, Gordis would have us instruct our youth to spend more time defending the nation-state and less time imagining.

After listening to Gordis I drove home only to listen to the next podcast in my que from the Tikvah Fund: Norman Podhoretz on Jerusalem and Jewish Particularity .  Podhoretz, the editor of Commentary Magazine discusses what he calls the “scandal” of Jewish particularity.  Podhoretz argues that the Western Liberal world is scandalized by the Jewish idea of particularism. One would be excused if one left this interview believing that the Jews introduced the world to excessive paternalism, tribal pride and nationalism.

Hasn’t Podhoretz seen My Favorite Greek Wedding I and II?  The truth as Gordis and Podhotetz well know and as is easily demonstrated by the exploits of the Egyptian, Babylonian, Greek, Roman, Byzantine, Crusader, Muslim, Nazi and Soviet empires… nationalism was alive and well before and without the Jews.  To the contrary…. with their eschatology and non-cyclical concept of history the Jews may have actually introduced Utopianism and Universalism to the world (for better or worse…. mostly worse).

That the Hebrew Bible talks about a nation state, boundaries, military conquest and defense is hardly exceptional…. That it talks about a day when man will learn war no more, where boundaries and languages will disappear and all mankind will worship one God in peace… that was a novel idea.  And yes… where in addition to a physical Jerusalem there was and will be an ideal Jerusalem and an idealized temple (see Ezekiel 40 – 44 especially 43:11) and where the commandments of the Lord will be written not on tablets but on the heart of all man… That all predated Christianity and came from the Hebrew Bible and that was the scandal of Judaism . [iii]

I am not a big fan of eschatology and messianism but I am not guilty of the intellectual dishonesty required to proclaim that these utopian and universalistic ideas did not originate and grow in Judaism.

As to Zionism, for anyone to argue, as does Gordis, that for the majority of the secular Zionists (and the overwhelming majority of Zionist thinkers were secular if not downright anti-religious) the Jewish State was not some version of a utopia… is crazy. [iv]

Gordis and anyone who argues for Jewish particularism over Jewish universalism are misreading the real innovation of Judaism and setting up a false binary and a straw dummy.

The opposite of universalism is not nationalism. Nationalism is only the flip side of the coin… the opposite of both of these isms is realism, rationalism, compromise, nuance, common sense, critical thinking and in all other ways an appreciation of the crooked timber of humanity.  The opposite of Universalism is liberalism.

This middle way had no better spokesman than Isaiah Berlin who argued in the “steadfast defense of liberal values against their rivals both on the Left and on the Right.” Illiberals like Podhoretz critique Berlin’s Liberalism for authenticating relativism [v] and who am I to defend Berlin, but I do believe that if Nationalism can be critiqued for being tribal and Universalism can be critiqued for being naïve then Liberalism should have a place at the table. If we are to see a brighter future and connect with our youth (and the youth within us) then surely more focus and critical thinking need be brought to bear on Liberalism… with all its potential detours and warts.

I would prefer to engage our college age youth and young rabbinic students with respect for their idealism and to challenge them to subject their universalistic aspirations to the rubber of reality.  To follow Berlin in recognizing nationalism “with the insight that belonging, and the sense of self-expression that membership bestows, are basic human needs” and as Jews we/they more than anyone should appreciate these needs by our own people and by others. [vi]

There is a ten-year-old institute in Israel The Jewish Statesmanship Center which is systematically revising Jewish and Zionist thought in line with the Nationalism and particularism reflected in Gordis and Podhoretz… and successfully educating a new generation of leaders.  Those of us who have a more nuanced understanding of Jewish and Zionist thought need to support those who wish to establish a similar institute to educate and spread the best of liberal thought where universalism and nationalism, chauvinism and multiculturalism, heaven and earth       שָּׁמַיִם עַל-הָאָרֶץ are given equal weight and permitted, nay encouraged to dialectically advanced as the Jewish State prospers. (stay tuned).

One of the lectures that institute might offer could be on the utopian vision in Judaism and Zionism of a world without religion too… The lecturer might review the majority of Zionist thinkers who thought that religion was an archaic tool, the outgrowth of an unnatural life of a people deprived of country and language to be tossed once we have our state.  She might guide us through Talmudic texts that claim in the end-of-days there will be no mitzot (religion).

The commandments will be abolished in the future world (Babylonian Talmud Niddah 61b)

מצוות בטלות לעתיד לבוא – במסכת נדה דף ס”א ע”ב

We might even learn that the reason a pig is called a Hazir is because in the utopia of the future it will again be permitted (hozer) to the Jewish people….

“למה נקרא שמו חזיר שעתיד הקב”ה להחזירו לישראל” [vii]

Ahh … but I digress…

All I know is that on Shabbat I sing of Shabbat being a little taste of Imagine

Like the World to Come, the restful day of Shabbat (Mah Yedidut, Shabbat Zemirot)

מֵעֵין עוֹלָם הַבָּא, יוֹם שַׁבָּת מְנוּחָה,

And let myself indulge momentarily in an Imagine day that never ends…

May it be Your will that we merit a day when it is always a restful Shabbat – (Birkat Hamazon, Shabbat)

הרחמן הוא ינחילנו יום שכולו שבת ומנוחה –  ברכת המזון של שבת

And that I would feel very comfortable singing Imagine at my Shalosh Suedot…

Getting back to my week in podcasts…. Fortunately, the next podcast in my que was from Machon Hadar on a prayer that even Daniel Gordis says every Shabbat and at the apex of his celebration of our particular national deliverance from Egypt during the seder. [viii]

Nishmat Kol Chai, The breath of every living thing …. A prayer that while leaning universal, nonetheless seamlessly integrates the particularism of the Jewish people into a utopian and universal vision of the future….

The soul of every living being shall bless Your Name, Lord our God, the spirit of all flesh shall always glorify and exalt Your remembrance, our King. From this world to the World to Come, You are God, and other than You we have no king, redeemer, or savior. He who liberates, rescues and sustains, answers and is merciful in every time of distress and anguish, we have no king, helper or supporter but You!

God of the first and the last, God of all creatures, Master of all Generations, Who is extolled through a multitude of praises, Who guides His world with kindness and His creatures with mercy. Hashem is truth; He neither slumbers nor sleeps. He Who rouses the sleepers and awakens the slumberers. Who raises the dead and heals the sick, causes the blind to see and straightens the bent. Who makes the mute speak and reveals what is hidden. To You alone we give thanks!

Were our mouth as full of song as the sea, and our tongue as full of joyous song as its multitude of waves, and our lips as full of praise as the breadth of the heavens, and our eyes as brilliant as the sun and the moon, and our hands as outspread as the eagles of the sky and our feet as swift as hinds — we still could not thank You sufficiently, Lord our God and God of our forefathers, and to bless Your Name for even one of the thousand thousand, thousands of thousands and myriad myriads of favors, miracles and wonders that you performed for our ancestors and for us. At first You redeemed us from Egypt, Hashem our God, and liberated us from the house of bondage. In famine You nourished us, and in plenty you sustained us. From sword you saved us; from plague you let us escape; and from severe and enduring diseases you spared us. Until now Your mercy has helped us, and Your kindness has not forsaken us. Do not abandon us, Lord our God, forever. Therefore the organs that you set within us and the spirit and soul that you breathed into our nostrils, and the tongue that you placed in our mouth – all of them shall thank and bless and praise and glorify, exalt and revere, be devoted, sanctify and declare the sovereignty of Your Name, our King. For every mouth shall offer thanks to You; every tongue shall vow allegiance to You; every knee shall bend to You; every erect spine shall prostrate itself before You; all hearts shall fear You; and all innermost feelings and thoughts shall sing praises to Your name, as it is written: “All my bones shall say, Hashem who is like You? You save the poor man from one who is stronger than he, the poor and destitute from the one who would rob him.”

The outcry of the poor You hear, the screams of the destitute You listen to, and You save. And it is written: “Sing joyfully, O righteous, before Hashem; for the upright praise is fitting.”

By the mouth of the upright You shall be exalted;

By the lips of the righteous shall You be blessed;

By the tongue of the devout shall You be sanctified;

And amid the holy shall You be lauded.

And in the assemblies of the myriads of Your people, the House of Israel, it is the duty of all creatures, before you O Hashem, our God and God of our forefathers to thank, laud, praise, glorify, exalt, adore, render triumphant, bless, raise high, and sing praises – even beyond all expressions of the songs and praises of David, the son of Jesse, Your servant, Your anointed.

And thus may Your name be praised forever- our King, the God, the Great and holy King – in heaven and on earth. Because for you it is fitting – O Hashem our God and God of our forefathers – song and praise, lauding and hymns, power and dominion, triumph, greatness and strength, praise and splendor, holiness and sovereignty, blessings and thanksgivings to Your Great and Holy Name; from this world to the World to Come You are God. Blessed are You Lord, God, King exalted through praises, God of thanksgivings, Master of Wonders, Creator of all souls, Master of all deeds, Who chooses the musical songs of praise – King, Unique One, God, Life-Giver of the world [universe הָעוֹלָמִים  ed].

נִשְמַת כָּל חַי תְּבָרֵך אֶת שִׁמְךָ ה’ אֱ-לֹהֵינוּ וְרוּחַ כָּל בָּשָׂר תְּפָאֵר וּתְרוֹמֵם זִכְרְךָ מַלְכֵּנוּ תָּמִיד. מִן הָעוֹלָם וְעַד הָעוֹלָם אַתָּה אֵ-ל. וּמִבַּלְעֲדֶיךָ אֵין לָנוּ (מֶלֶךְ) גּוֹאֵל וּמוֹשִׂיעַ. פּוֹדֶה וּמַצִּיל. וְעוֹנֶה וּמְרַחֵם. בְּכָל עֵת צָרָה וְצוּקָה. אֵין לָנוּ מֶלֶךְ עוֹזֵר וְסוֹמֵךְ אֶלָּא אָתָּה: אֱ-לֹהֵי הָרִאשׁוֹנִים וְהָאַחֲרוֹנִים. אֱ-לוֹהַּ כָּל בְּרִיּוֹת. אֲדוֹן כָּל תּוֹלָדוֹת. הַמְּהֻלָּל בְּכָל הַתִּשְׁבָּחוֹת. הַמְּנַהֵג עוֹלָמוֹ בְּחֶסֶד וּבְרִיּוֹתָיו בְּרַחֲמִים. וַה’ אֱ-לֹהִים אֱמֶת. לֹא יָנוּם וְלֹא יִישָׁן. הַמְעוֹרֵר יְשֵׁנִים וְהַמֵּקִיץ נִרְדָּמִים. מְחַיֶּה מֵתִים. וְרוֹפֵא חוֹלִים. פּוֹקֵחַ עִוְרִים. וְזוֹקֵף כְּפוּפִים. הַמֵּשִׂיחַ אִלְּמִים. וְהַמְפַעֲנֵחַ נֶעֱלָמִים. וּלְךָ לְבַדְּךָ אֲנַחְנוּ מוֹדִים: וְאִלּוּ פִינוּ מָלֵא שִׁירָה כַיָּם. וּלְשׁוֹנֵנוּ רִנָּה כַּהֲמוֹן גַּלָּיו. וְשִׂפְתוֹתֵינוּ שְׁבַח כְּמֶרְחֲבֵי רָקִיעַ. וְעֵינֵינוּ מְאִירוֹת כַּשֶׁמֶשׂ וְכַיָּרֵחַ. וְיָדֵינוּ פְרוּשׂוֹת כְּנִשְׁרֵי שָׁמָיִם. וְרַגְלֵינוּ קַלּוֹת כָּאַיָּלוֹת. אֵין אֲנַחְנוּ מַסְפִּיקִין לְהוֹדוֹת לְךָ ה’ אֱ-לֹהֵינוּ. וּלְבָרֵךְ אֶת שִׁמְךָ מַלְכֵּנוּ. עַל אַחַת מֵאֶלֶף אַלְפֵי אֲלָפִים וְרוֹב רִבֵּי רְבָבוֹת פְּעָמִים. הַטּוֹבוֹת נִסִּים וְנִפְלָאוֹת שֶׁעָשִׂיתָ עִמָּנוּ וְעִם אֲבוֹתֵינוּ

מִלְּפָנִים מִמִּצְרַיִם גְּאַלְתָּנוּ ה’ אֱ-לֹהֵינוּ. מִבֵּית עֲבָדִים פְּדִיתָנוּ. בְּרָעָב זַנְתָּנוּ. וּבְשָׂבָע כִּלְכַּלְתָּנוּ. מֵחֶרֶב הִצַּלְתָּנוּ. מִדֶּבֶר מִלַּטְתָּנוּ. וּמֵחֳלָאִים רָעִים וְרַבִּים דִּלִּיתָנוּ. עַד הֵנָּה עֲזָרוּנוּ רַחֲמֶיךָ וְלֹא עֲזָבוּנוּ חֲסָדֶיךָ. עַל כֵּן אֵבָרִים שֶׁפִּלַּגְתָּ בָּנוּ. וְרוּחַ וּנְשָׁמָה שֶׁנָּפַחְתָּ בְּאַפֵּינוּ. וְלָשׁוֹן אֲשֶׂר שַׂמְתָּ בְּפִינוּ.הֵן הֵם. יוֹדוּ וִיבָרְכוּ. וִישַׁבְּחוּ. וִיפָאֲרוּ. אֶת שִׁמְךָ מַלְכֵּנוּ תָמִיד.כִּי כָל פֶּה לְךָ יוֹדֶה. וְכָל לָשׁוֹן לְךָ תְשַׁבֵּחַ. וְכָל עַיִן לְךָ תְצַפֶּה. וְכָל בֶּרֶךְ לְךָ תִכְרַע. וְכָל קוֹמָה לְפָנֶיךָ תִשְׁתַּחֲוֶה. וְהַלְּבָבוֹת יִירָאוּךָ וְהַקֶּרֶב וְהַכְּלָיוֹת יְזַמְּרוּ לִשְׁמֶךָ. כַּדָּבָר שֶׁנֶּאֱמַר כָּל עַצְמֹתַי תֹּאמַרְנָה ה’ מִי כָמוֹךָ מַצִּיל עָנִי מֵחָזָק מִמֶּנּוּ. וְעָנִי וְאֶבְיוֹן מִגֹּזְלוֹ: שַׁוְעַת עֲנִיִּים אַתָּה תִּשְׁמַע. צַעֲקַת הַדַּל תַּקְשִׁיב וְתוֹשִׁיעַ. וְכָתוּב רַנְּנוּ צַדִּיקִים בַּה’ לַיְשָׁרִים נָאוָה תְהִלָּה: בְּפִי יְשָׁרִים תִּתְרוֹמָם: וּבְשִׂפְתֵי צַדִּיקִים תִּתְבָּרַךְ: וּבִלְשׁוֹן חֲסִידִים תִּתְקַדָּשׁ: וּבְקֶרֶב קְדוֹשִׁים תִּתְהַלָּל: בְּמִקְהֲלוֹת רִבְבוֹת עַמְּךָ בֵּית יִשְׂרָאֵל. שֶׁכֵּן חוֹבַת כָּל הַיְצוּרִים, לְפָנֶיךָ ה’ אֱ-לֹהֵינוּ וֵא-לֹהֵי אֲבוֹתֵינוּ לְהוֹדוֹת. לְהַלֵּל. לְשַׂבֵּחַ. לְפָאֵר. לְרוֹמֵם. לְהַדֵּר. וּלְנַצֵּחַ. עַל כָּל דִּבְרֵי שִׁירוֹת וְתִשְׁבָּחוֹת דָּוִד בֶּן יִשַׁי עַבְדְּךָ מְשִׁיחֶךָ:

וּבְכֵן, יִשְׁתַּבַּח שִׁמְךָ לָעַד מַלְכֵּנוּ הָאֵ-ל הַמֶּלֶךְ הַגָּדוֹל וְהַקָּדוֹשׁ בַּשָּׁמַיִם וּבָאָרֶץ כִּי לְךָ נָאֶה ה’ אֱ-לֹהֵינוּ וֵא-לֹהֵי אֲבוֹתֵינוּ לְעוֹלָם וָעֶד  שִׁיר  וּשְׁבָחָה. הַלֵּל  וְזִמְרָה עֹז. וּמֶמְשָׁלָה. נֶצַח. גְּדוּלָה. גְּבוּרָה. תְּהִלָּה וְתִפְאֶרֶת. קְדֻשָׁה. וּמַלְכוּת. בְּרָכוֹת וְהוֹדָאוֹת לְשִׁמְךָ הַגָּדוֹל וְהַקָּדוֹשׁ. וּמֵעוֹלָם וְעַד עוֹלָם אַתָּה אֵ-ל. בָּרוּךְ אַתָּה מֶלֶךְ גָּדוֹל וּמְהֻלָּל בַּתִּשׁבָּחוֹת. אֵ-ל הַהוֹדָאוֹת. אֲדוֹן הַנִּפְלָאוֹת. בּוֹרֵא כָּל הַנְּשָׁמוֹת. רִבּוֹן כָּל הַמַּעֲשִׂים. הַבּוֹחֵר בְּשִׁירֵי זִמְרָה מֶלֶךְ אֵל חַי הָעוֹלָמִים.

Shabbat Shalom

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[i] See: A Dose of Nuance: Brexit and the validation of Zionism, By DANIEL GORDIS  07/02/2016 see also The Spirit of Jewish Conservatism by ERIC COHEN APRIL 6 2015 Mosaic.

[ii] especially when drunk by 60-something expat American immigrants to Israel… for more on this see Alan Argush’s fine analysis here.

 

[iii] And it shall come to pass in the end of days, that the mountain of the LORD’S house shall be established as the top of the mountains, and shall be exalted above the hills; and all nations shall flow unto it. And many peoples shall go and say: ‘Come ye, and let us go up to the mountain of the LORD, to the house of the God of Jacob; and He will teach us of His ways, and we will walk in His paths.’ For out of Zion shall go forth the law, and the word of the LORD from Jerusalem. And He shall judge between the nations, and shall decide for many peoples; and they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more. Isaiah 2: 2-4

וְהָיָה בְּאַחֲרִית הַיָּמִים, נָכוֹן יִהְיֶה הַר בֵּית-יְהוָה בְּרֹאשׁ הֶהָרִים, וְנִשָּׂא, מִגְּבָעוֹת; וְנָהֲרוּ אֵלָיו, כָּל-הַגּוֹיִם

 וְהָלְכוּ עַמִּים רַבִּים, וְאָמְרוּ לְכוּ וְנַעֲלֶה אֶל-הַר-יְהוָה אֶל-בֵּית אֱלֹהֵי יַעֲקֹב, וְיֹרֵנוּ מִדְּרָכָיו, וְנֵלְכָה בְּאֹרְחֹתָיו:  כִּי מִצִּיּוֹן תֵּצֵא תוֹרָה, וּדְבַר-יְהוָה מִירוּשָׁלִָם

וְשָׁפַט בֵּין הַגּוֹיִם, וְהוֹכִיחַ לְעַמִּים רַבִּים; וְכִתְּתוּ חַרְבוֹתָם לְאִתִּים, וַחֲנִיתוֹתֵיהֶם לְמַזְמֵרוֹת–לֹא-יִשָּׂא גוֹי אֶל-גּוֹי חֶרֶב, וְלֹא-יִלְמְדוּ עוֹד מִלְחָמָה

Behold, the days come, saith the LORD, that I will make a new covenant with the house of Israel, and with the house of Judah; not according to the covenant that I made with their fathers in the day that I took them by the hand to bring them out of the land of Egypt; forasmuch as they broke My covenant, although I was a lord over them, saith the LORD.  But this is the covenant that I will make with the house of Israel after those days, saith the LORD, I will put My law in their inward parts, and in their heart will I write it; and I will be their God, and they shall be My people; and they shall teach no more every man his neighbour, and every man his brother, saying: ‘Know the LORD’; for they shall all know Me, from the least of them unto the greatest of them, saith the LORD; for I will forgive their iniquity, and their sin will I remember no more. (Jerimiah 31: 30-33)

 

[iv] Gordis, in a verbal response to my point that most of the Zionist thinkers were socialists was that he had said universalists and not socialists which is mute… all of these political movements called for a disruption in the existing capitalist and political structures in order to herald in a new age based on communal ownership and governance.  According to Gordis the only universalist Zionists were Buber, Einstein and the early Ahad HaAm (??)

[v]https://www.commentarymagazine.com/articles/a-dissent-on-isaiah-berlin/

[vi]  See http://plato.stanford.edu/entries/berlin/#5.5

[vii] See footnote 30 http://www.aharit.com/A-12.php

[viii]https://www.mechonhadar.org/torah-resource/nishmat

imagine_peace_by_mcullenhightopp-d4fnfxf

 

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Filed under Bible, haggadah, Israel, Judaism, Martin Buber, Passover, prayer, Sabbath, Shabbat, social commentary, Torah, tribalism, Zionism

prove it

The problem with proofs is that they convince only the believer. The upside, is that proofs can provide an innovative out-of-the-box way of thinking. I will get to Yehuda Halevi’s proof for the authenticity of the giving of the Torah at Mt. Sinai…. But first my favorite example of an unconvincing proof which gave birth to innovative, nay, paradigm-shifting thought.

Saint Anselm (1033 – 1109) proved God’s existence in the “ontological proof” as follows:

Agreed that God is a being of which nothing is greater. So …. since to exist is profoundly greater than not to exist…. [Think 1 million imaginary dollars as compared to 1 million real dollars] …  It follows that … God must exist.

Not convinced?  Want to construct a similar argument for unicorns or based on a crazy person’s imagination? It’s all in St. Anselm’s mind, you say? Well, according to the history of ideas, there’s a direct link between St. Anselm’s proof and the birth of the modern Cartesian philosophy of René Descartes who famously opined “I think therefore I am” …. All we can know is that we know….. Which gave birth to Phenomenology and Existentialism where all we can intelligently talk about is not any “real” world, but only experiences and phenomena as we perceive them, and on a higher level, patterns, perceived conflicts within the structure of our own thought. Ontological thinking gave birth to Emanuel Kant’s Categorical Imperative and to logical positivism where the only thing that is necessarily true, moral or intelligible is what our minds can conjure up themselves as not dependent on experience or can articulate in a language the mind can produce.

St. Anselm – Not bad for a Medieval Saint!

So, here is Yehudah Halevi’s (1075 – 1141) paradigm shifting proof (also referred to as The Kuzari Principle[i]):

The proof that the Torah was given at Sinai and that Judaism is superior to all other Abrahamic faiths is that you can’t bullshit 1.5 million people. [ii]

That’s it. If 600,000 men plus an equal number of women plus some precocious kids don’t disagree with a text which says they heard thunder and saw lightning from the Mt. and received the Torah, then it must be true. If the Torah, which these million-plus parents are willing to pass down to the next generation, contains prohibitions which make life difficult and opinions which are not popular, all the more reason not to question the veracity of the event that occurred at Sinai and the authenticity of the text in question.  [iii]

Halevi is convinced and his literary or actual King of the Khazars is convinced as well.  The public nature of the event at Sinai witnessed by a multitude is contrasted to the establishment myths concerning Jesus and Mohamed which were experienced, witnessed and documented by a select few.

Similar to Saint Anselm’s proof this proof is problematic and wouldn’t convert any non-believer.  We live in a world where conspiracy theories arise simultaneously with historic events, even if witnessed by billions of humans…. Think of the moon landing, or better yet, 911.  Humanity witnessed these events together, but there are millions of us who claim the events never happened, happened differently than meets the eye or that they were entirely fabricated.

Parents don’t pass on to children difficult or destructive character traits, beliefs or practices you say? Try that on any abuser, child of an abuser or anyone caught up in the cycle of generation’s old ethnic conflict perpetuated by hate and bias feeding on hate and bias.

So what’s the Paradigm shift hidden in Halevi’s argument? It is nothing less than a radical new understanding of “tradition” מסורה

If from Anselm we intuit that the individual and his interior mental perceptions are all that we can really know, from Halevy we are lead to conclude that as a social entity, a community, as a people, maybe even as a species, all we really know is our narrative of history, our story, our Tradition (מסורה).  As social animals all we really know is what has been passed down to us and which we pass on to our children…. not that it is true mind you… but that it is ours.  “we transmit therefore we are”. The activist corollary is that while we cannot create change by changing the “facts” we can own and create change by changing our interaction to those “facts” and to our history. Ultimately, receiving the Torah (קבלת התורה) means taking ownership of what, how and to whom our narrative is transferred.  By truly accepting the that which was given at Sinai we become בעל מסורה  Masters of Tradition.

The most forceful modern-day thinker to articulate this conception of Jewish faith as reaction and action triggered by communal experience is Emil Fackenheim who wrote God’s Presence in History: Jewish Affirmations and Philosophical Reflections 1970.  Fackenheim is most famously known for his 614th commandment which exhorts us to continue Jewish life and deny Hitler a posthumous victory.  But what lies behind this one-liner is a complex and multidimensional philosophy of God as or in History מסורה

For Descartes and Kant, the surest belief is not what we experience or perceive but that we experience.  If for the phenomenologists and existentialists the only certain process that we can discern is the dialectical processes of the mind as filtered through the categories of our mind.  For Fackenheim the faith that constitutes and energizes us as social beings is not based on any historical event per se, but rather on the reaction to that event in the past, present and future and the action caused by that reaction.[iv]

Fackenhiem bases his thesis on a Mekilta de-Rabbi Ishmael on Exodus 15:2 “this is my God, and I will glorify Him” זֶה אֵלִי וְאַנְוֵהוּ

In a well—known Midrash it is asserted that what Ezekiel once saw in heaven was far less than what all of Israel once saw on earth. Ezekiel, and indeed all the other prophets, did not see God but only visions and similes of God; they were like men who perceive a king of flesh and blood surrounded by servants of flesh and blood, and who are forced to ask, “which one is the king?” In the sharpest possible contrast, the Israelites at the Red Sea had no need to ask which one was the King: “As soon as they saw Him, they recognized Him, and they all opened their mouths and said, “This is my God, and I will glorify Him’ “

Fackenheim coins a term he calls a root experience which he attributes to Martin Buber.  For the Jewish people, root experiences include the Exodus from Egypt, the giving of the Torah at Sinai and the holocaust.

Buber writes:

What is decisive with respect to the inner history of Mankind . . . is that the children of Israel understood this as an act of their God, as a “miracle”; which does not mean that they interpreted it as a miracle, but that they experienced it as such, that as such they perceived ” it.. . .

The concept of miracle which is permissible from the historical approach can be defined at its starting point as an abiding astonishment.  The . . . religious person . . . abides in that wonder; no knowledge, no cognition, can weaken his astonishment. Any causal explanation only deepens the wonder for him. The great turning-points in religious history are based on the fact that again and ever again an individual and a group attached to him wonder and keep on wondering; at a natural phenomenon, at an historical event, or at both together; always at something which intervenes fatefully in the life of this individual and this group. They sense and experience it as a wonder. This, to be sure, is only the starting—point of the historical concept of wonder, but it cannot be explained away. Miracle is not something “supernatural” or “super historical,” but an incident, an event which can be fully included in the objective, scientific nexus of nature and history; the vital meaning of which, however, for the person to whom it occurs, destroys the security of the whole nexus of knowledge for him, and explodes the fixity of the fields of experience named “Nature” and “History.” . . . [Highlighting here and throughout by ed]

Fackenheim elaborates:

The divine Presence thus far considered is a saving Presence. Salvation is not here, however, what it might be in a different religious context. It occurs within history, not in an Eternity beyond it, nor for a soul divorced from it, nor as an apocalyptic or Messianic event which consummates history. … At the same time, the divine presence requires the self and its freedom in the very moment of its presence.  There is no abiding astonishment unless we exist who can be astonished; moreover, the divine Presence – saving as well as commanding – remains incomplete unless human astonishment terminates in action.

Like Halevi (who surprisingly along with Saadia Gaon is never cited) Fackenheim requires the public nature of a root experience.  He writes:

At the Red Sea, however, the whole people saw, the lowly maidservants included, and what occurred before their eyes was not an opening of heaven but a transformation of earth – an historical event affecting decisively all future generations. … Moreover, as regards private, authoritative experiences, no Jewish believer could ever stake much on these.  Ezekiel’s vision may have been an experience of this kind.  What happened at the Red Sea and Sinai, in contrast, were public events, accessible even to the maidservants to the extent they were accessible to all. (pp 10 and 42)

Where Fankenheim goes beyond The Kuzari Principle is with regard to authentication and validation.  Fackenheim and Buber imply an open invitation for nondoctrinaire and heterodox reactions to the root experience.  For Fackenheim the root experience implies a challenge to participate and includes a risk of commitment. Fackenheim compares the multiplicity of reactions to the root event to the multiplicity of reasons a hypothetical Jew might participate in a Passover Seder:

… whereas as a historian he may and must suspend judgment, he cannot do likewise as a man and Jew, if only because every Passover Seder constitutes a challenge to participation. How can he participate? No longer in a religious immediacy which has never thought of stepping outside the Midrashic framework. Not at all in a stance of critical reflection which stands outside only and merely looks on. Nothing is possible except an immediacy after reflection which is and remains self-exposed to the possibility of a total dissipation of every divine Presence, and yet confronts this possibility with a forever reenacted risk of commitment.

Fackenheim’s essay is primarily focused on the Holocaust and the possibility or impossibility of God in history after that root event… hopefully my extensive quotations of his poetic and profound writing will entice you to read the original.  But the final element that Fackenheim introduces to Halevy’s “proof” paradigm is the fragmentary nature of any root experience, least of which being the experience at Sinai.

For Halevy the proof of Sinai is in the fact that everyone at Sinai not only shared an experience, but that they shared the same experience.  For Fackenheim the greatest threat to the root experience is reflective philosophical thought which would have us believe that the experience is uniform; general, unchanging and abstractable from history. (p16).   In contrast God’s presence in History requires Midrashic thinking which reflects upon root experiences but (i) is not confined to their immediate reenactment, (ii) becomes aware of the contradictions in these experiences, (iii) refuse to destroy the immediacy of these experiences even as it stands outside and reflects upon them, (iv) is conscious of the contradictions and fragmentary nature of these experiences and (iv) these experiences can only be expressed in story, parable and metaphor. For Fackenheim we must retell the old Midrash  – or create a new. (pp 20-21).

A contemporary scholar at Machon Hadar; Rabbi Jason Rubenstein has recorded a wonderful 3-part lecture on Revelation with the third and final part titled: Between “Mosaic Authorship” and “mosaic composition”: Hearing Conflict in Revelation and Revelation in Conflict (see here).  What Rubenstein argues, quite compellingly is that while in prior generations, the concept of truth and value was inherently connected to the concept of uniformity, consistency and harmony.  With the emergence of science and the internet of ideas, our concept of truth and value is rather associated with dissonance, multiplicity and a cacophony of ideas, images and sounds.  When describing what could be described as Yehudah Halevi’s concept of 1 million plus people all hearing the same message a Sinai, one of Rubentstein’s students exclaimed… if it were so “it would become flat, it would become dull ”

 

The truth is that pre Internet-of-ideas, this same confluence of passionately argued and differing opinions and visions was always present in the Midrash and Talmud and I would argue…. also at Sinai.

 

When all is said and done, our reading of Halevi through the lens of Fackenheim produces a radical new conception of what happened at Sinai (Mesorah) and for that matter our concept of God… which it turns out is God in, through, and by, human history.

“ ‘Ye are My witnesses, saith the Lord, and I am God’ (Isa. 43:12).   וְאַתֶּם עֵדַי נְאֻם-ה’, וַאֲנִי-א-ֵל That is, when ye are My witnesses, I am God, and when ye are not My witnesses, I am, as it were, not God?“  (p23)

The concept of God in and as history is ultimately that we need to live a life… as individuals but more so as a society… where we are and become the Proof itself.  What lies implicit in the giving of the Torah is an imperative on the part of the recipient to receive and transfer.  Implicit in the giving of the commandments is the underlying command to become the proof of the giving and transmission itself.  … to prove it….

—————–

[i] For the Kuzari Principle see here and for critiques see here, here , here  and here….

[ii] Kuzari Book 1:9

 

  1. The Doctor: Is not our Book full of the stories of Moses and the Children of Israel? No one can deny what He did to Pharaoh, how He divided the sea, saved those who enjoyed His favour, but drowned those who had aroused His wrath. Then came the manna and the quails during forty years, His speaking to Moses on the mount, making the sun stand still for Joshua, and assisting him against the mighty. [Add to this] what happened previously, viz. the Flood, the destruction of the people of Lot; is this not so well known that no suspicion of deceit and imagination is possible?

 

  1. Al Khazari: Indeed, I see myself compelled to ask the Jews, because they are the relic of the Children of Israel. For I see that they constitute in themselves the evidence for the divine law on earth.

 

  1. The Rabbi replied: I believe in the God of Abraham, Isaac and Israel, who led the children of Israel out of Egypt with signs and miracles; who fed them in the desert and gave them the land, after having made them traverse the sea and the Jordan in a miraculous way; who sent Moses with His law, and subsequently thousands of prophets, who confirmed His law by promises to the observant. and threats to the disobedient. Our belief is comprised in the Torah — a very large domain.

 

  1. The Rabbi: Surely the beginning of my speech was just the proof, and so evident that it requires no other argument.

 

  1. The Rabbi: In this way I answered thy first question. In the same strain spoke Moses to Pharaoh, when he told him:’The God of the Hebrews sent me to thee,’ viz. the God of Abraham, Isaac and Jacob. For Abraham was well known to the nations, who also knew that the divine spirit was in contact with the patriarchs, cared for them, and performed miracles for them. He did not say: ‘The God of heaven and earth,’ nor ‘my Creator and thine sent me.’ In the same way God commenced His speech to the assembled people of Israel: ‘I am the God whom you worship, who has led you out of the land of Egypt,’ but He did not say: ‘I am the Creator of the world and your Creator. Now in the same style I spoke to thee, a Prince of the Khazars, when thou didst ask me about my creed. I answered thee as was fitting, and is fitting for the whole of Israel who knew these, things. first from personal experience, and afterwards through uninterrupted tradition, which is equal to the former.

 

  1. The chronology was established through the medium of those sainted persons who were only single individuals, and not a crowd, until Jacob begat the Twelve Tribes, who were ail under this divine influence. Thus the divine element reached a multitude of persons who carried the records further. The chronology of those who lived before these has been handed down to us by Moses.

 

  1. Al Khazari: An arrangement of this kind removes any suspicion of untruth or common plot. Not ten people could discuss such a thing without disagreeing, and disclosing their secret understanding; nor could they refute anyone who tried to establish the truth of a matter like this. How is it possible where such a mass of people is concerned? Finally, the period involved is not large enough to admit untruth and fiction.

 

  1. Al Khazari: Let us now return to our subject, and explain to me how your belief grew, how it spread and became general, how opinions became united after having differed, and how long it took for the faith to lay its foundation, and to be built up into a strong and complete structure. The first element of religion appeared, no doubt, among single individuals, who supported one another in upholding the faith which it pleased God should be promulgated. Their number increases continually, they grow more powerful, or a king arises and assists them, also compels his subjects to adopt the same creed.

 

  1. The Rabbi: In this way only rational religions, of human origin, can arise. When a man succeeds and attains an exalted position, it is said that he is supported by God, who inspired him, etc. A religion of divine origin arises suddenly. It is bidden to arise, and it is there, like the creation of the world.

 

  1. …. they came to the desert, which was not sown, he sent them food which, with the exception of Sabbath, was crested daily for them, and they ate it for forty years.

 

  1. Al Khazari: This also is irrefutable, viz. a thing which occurred to six hundred thousand people for forty years. Six days in the week the Manna came down, but on the Sabbath it stopped. This makes the observance of the Sabbath obligatory, since divine ordination is visible in it.

 

  1. The Rabbi: I do not maintain that this is exactly how these things occurred; the problem is no doubt too deep for me to fathom. But the result was that everyone who was present at the time became convinced that the matter proceeded from God direct. It is to be compared to the first act of creation. The belief in the law connected with those scenes is as firmly established in the mind as the belief in the creation of the world, and that He created it in the same manner in which He–as is known–created the two tablets, the manna, and other things. Thus disappear from the soul of the believer the doubts of philosophers and materialists.

 

  1. … The prerogative of Isaac descended on Jacob, whilst Esau was sent from the land which belonged to Jacob. The sons of the latter were all worthy of the divine influence, as well as of the country distinguished by the divine spirit. This is the first instance of the divine influence descending on a number of people, whereas it had previously only been vouchsafed to isolated individuals.

 

See: http://www.jewishvirtuallibrary.org/jsource/Judaism/kuzari.html

 

[iii] See: Saadia Gaon: The Book of Beliefs and Opinions  Introduction, part VI pp 29-30.  Both Yehuda Halevi and Saadia Gaon cite the Manna as a proof to the existence and requirement of observing the Shabbat… and as the best example of a miracle, viewed by many, occurring multiple times and over time whose acceptance by subsequent generations is proof to its veracity.

 

When, furthermore, He says: And ye are My witnesses (Isa. 44:8), [Fear ye not, neither be afraid; have I not announced unto thee of old, and declared it? And ye are My witnesses. – הֲלֹא מֵאָז הִשְׁמַעְתִּיךָ וְהִגַּדְתִּי, וְאַתֶּם עֵדָי   ] He alludes to the marvelous signs and the manifest proofs witnessed by the [Jewish] people. These [were revealed] in many forms, such as the visitation of the ten plagues and the cleaving of the [Red] Sea and the assemblage at Sinai. Personally, however, I consider the case of the miracle of the manna as the most amazing of all miracles, because a phenomenon of an enduring nature excites greater wonderment than one of a passing character. Aye it is hard for the mind to conceive of a scheme whereby a people numbering something like two million souls could be nourished for forty years with nothing else than food produced for them in the air by the Creator. For had there been any possibility of thinking up a scheme for achieving something of this nature, the philosophers of old would have been the first to resort to it. They would have maintained their disciples therewith, taught them wisdom, and enabled them to dispense with working for a livelihood or asking for help.

 

Now it is not likely that the forbears of the children of Israel should have been in agreement upon this matter if they had considered it a lie. Such [proof] suffices, then, as the requisite of every authentic tradition. Besides, if they had told their children: “We lived in the wilderness for forty years eating naught except manna,” and there had been no basis for that in fact, their children would have answered them: “Now you are telling us a lie. Thou,

so and so, is not this thy field, and thou, so and so, is not this thy garden from which you have always derived your sustenance?” This is, then, something that the children would not have accepted by any manner of means.

[iv] See also: Fackenheim’s Jewish Philosophy: An Introduction Michael L. Morgan, and review by Michael Zank here especially:

 

According to Morgan, the early Fackenheim’s conception of the manner in which human agency is transformed into a religious response to revelation is reminiscent of the neo-Kantian conception of “self-fashioning.” It is within human consciousness that the contents of Jewish history, literature, folklore, and custom are elevated to the level of absolutely binding commandments. This transformation of the products of human inventiveness into the contents of revelation is also similar to what we might find in other mid-twentieth century hermeneutical theologians, especially Paul Tillich. But there is also a Barthian (or Rosenzweigian) element entailed in it, namely, when the condition of the possibility of any human response to revelation is seen as implicit in revelation itself. Without the “event” of revelation, no answer to revelation would be possible. Revelation remains initiated by God (though possibly eclipsed by the acute absence of God in the face of human suffering), which may be another way of saying that we are conditioned and embedded beings rather than absolute selves.

proof

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the chosen blessing

parshat Vayechi

Given the choice between an heir and a spare, God will always pick the spare.  If the theme of the first book of the Hebrew Bible is the election of the twelve tribes of Israel then the sub-plot is the rejection of the first-born.  Unlike Greek mythology and its oedipal complex, the story of the choosing the tribes of Israel revolves around sibling rivalry more than parental passion/aggression.

God chooses Abel’s sacrifice over Cain’s, Isaac over Ishmael[i] and Jacob over Esau.  Going forward, Moses is selected over Aaron and David over a bunch of older siblings. To paraphrase Adam Sandler: “all spares”.

The first choice of Abel over Cain ends in the first genocide, the last choice of Joseph’s second born is  recounted at the end of Genesis and provides a welcome conflict resolution and a valuable lesson.

The lesson is clear.  The opposite of chosen is not rejected.  The opposite of Chosen is Entitled.  If the Jews were singled out as a Chosen People, it is not because they were exceptional; it was because they lacked all class title or land title, all prior rights or natural rights.  The Chosen People are the personification of the unentitled and dispossessed.

In our liturgy, we recite many blessings, but besides the Priestly Blessing, there is only one blessing that is of biblical origin.  It is the blessing which parents bless their children on a weekly basis and it makes no sense unless one understands it within the context of entitlement reform.  It is a blessing that contains within it the simple message to every child (and therefore, I suggest, appropriate for daughters too).

“Child, nothing in this wonderful world is yours by right or by privilege.  You must earn your blessings and learn to respect those who earn their blessings, even if they outperform you”  “God make thee as Ephraim and as Manasseh”

Here’s the back story of this simple blessing in Genesis 48

1 And it came to pass after these things that someone said to Joseph: ‘Behold, thy father is sick.’ And he took with him his two sons, Manasseh and Ephraim. [in that order]
5 And now thy two sons, who were born unto thee in the land of Egypt before I came unto thee into Egypt, are mine; Ephraim and Manasseh, even as Reuben and Simeon, shall be mine.
10 Now the eyes of Israel [Jacob] were dim for age, so that he could not see. And he brought them near unto him; and he kissed them, and embraced them.
13 And Joseph took them both, Ephraim in his right hand toward Israel’s left hand, and Manasseh in his left hand toward Israel’s right hand, and brought them near unto him.
14 And Israel stretched out his right hand, and laid it upon Ephraim’s head, who was the younger, and his left hand upon Manasseh’s head, guiding his hands wittingly (literally; with Sechel – common sense); for Manasseh was the first-born.
15 And he blessed Joseph, and said: ‘The God before whom my fathers Abraham and Isaac did walk, the God who hath been my shepherd all my life long unto this day,
16 the angel who hath redeemed me from all evil, bless the lads; and let my name be named in them, and the name of my fathers Abraham and Isaac; and let them grow into a multitude in the midst of the earth.’
17 And when Joseph [Firstborn of Rachel and apple of his father’s eye] saw that his father was laying his right hand upon the head of Ephraim, it was evil in his eyes, and he held up his father’s hand, to remove it from Ephraim’s head unto Manasseh’s head.
18 And Joseph said unto his father: ‘Not so, my father, for this is the first-born; put thy right hand upon his head.’
19 And his father refused, and said: ‘I know it, my son, I know it; he also shall become a people, and he also shall be great; howbeit his younger brother shall be greater than he, and his seed shall become a multitude of nations.’
20 And he blessed them that day, saying: ‘By thee shall Israel bless, saying: God make thee as Ephraim and as Manasseh.’ And he set Ephraim before Manasseh.

וַיְהִי, אַחֲרֵי הַדְּבָרִים הָאֵלֶּה, וַיֹּאמֶר לְיוֹסֵף, הִנֵּה אָבִיךָ חֹלֶה; וַיִּקַּח אֶת-שְׁנֵי בָנָיו, עִמּוֹ–אֶת-מְנַשֶּׁה, וְאֶת-אֶפְרָיִם

וְעַתָּה שְׁנֵי-בָנֶיךָ הַנּוֹלָדִים לְךָ בְּאֶרֶץ מִצְרַיִם, עַד-בֹּאִי אֵלֶיךָ מִצְרַיְמָה–לִי-הֵם:  אֶפְרַיִם, וּמְנַשֶּׁה–כִּרְאוּבֵן וְשִׁמְעוֹן, יִהְיוּ-לִי

  וְעֵינֵי יִשְׂרָאֵל כָּבְדוּ מִזֹּקֶן, לֹא יוּכַל לִרְאוֹת; וַיַּגֵּשׁ אֹתָם אֵלָיו, וַיִּשַּׁק לָהֶם וַיְחַבֵּק לָהֶם

וַיִּקַּח יוֹסֵף, אֶת-שְׁנֵיהֶם–אֶת-אֶפְרַיִם בִּימִינוֹ מִשְּׂמֹאל יִשְׂרָאֵל, וְאֶת-מְנַשֶּׁה בִשְׂמֹאלוֹ מִימִין יִשְׂרָאֵל; וַיַּגֵּשׁ, אֵלָיו

וַיִּשְׁלַח יִשְׂרָאֵל אֶת-יְמִינוֹ וַיָּשֶׁת עַל-רֹאשׁ אֶפְרַיִם, וְהוּא הַצָּעִיר, וְאֶת-שְׂמֹאלוֹ, עַל-רֹאשׁ מְנַשֶּׁה:  שִׂכֵּל, אֶת-יָדָיו, כִּי מְנַשֶּׁה, הַבְּכוֹר

וַיְבָרֶךְ אֶת-יוֹסֵף, וַיֹּאמַר:  הָאֱ-לֹהִים אֲשֶׁר הִתְהַלְּכוּ אֲבֹתַי לְפָנָיו, אַבְרָהָם וְיִצְחָק–הָאֱ-לֹהִים הָרֹעֶה אֹתִי, מֵעוֹדִי עַד-הַיּוֹם הַזֶּה

הַמַּלְאָךְ הַגֹּאֵל אֹתִי מִכָּל-רָע, יְבָרֵךְ אֶת-הַנְּעָרִים, וְיִקָּרֵא בָהֶם שְׁמִי, וְשֵׁם אֲבֹתַי אַבְרָהָם וְיִצְחָק; וְיִדְגּוּ לָרֹב, בְּקֶרֶב הָאָרֶץ

וַיַּרְא יוֹסֵף, כִּי-יָשִׁית אָבִיו יַד-יְמִינוֹ עַל-רֹאשׁ אֶפְרַיִם–וַיֵּרַע בְּעֵינָיו; וַיִּתְמֹךְ יַד-אָבִיו, לְהָסִיר אֹתָהּ מֵעַל רֹאשׁ-אֶפְרַיִם–עַל-רֹאשׁ מְנַשֶּׁה

וַיֹּאמֶר יוֹסֵף אֶל-אָבִיו, לֹא-כֵן אָבִי:  כִּי-זֶה הַבְּכֹר, שִׂים יְמִינְךָ עַל-רֹאשׁוֹ

וַיְמָאֵן אָבִיו, וַיֹּאמֶר יָדַעְתִּי בְנִי יָדַעְתִּי–גַּם-הוּא יִהְיֶה-לְּעָם, וְגַם-הוּא יִגְדָּל; וְאוּלָם, אָחִיו הַקָּטֹן יִגְדַּל מִמֶּנּוּ, וְזַרְעוֹ, יִהְיֶה מְלֹא-הַגּוֹיִם

יְבָרְכֵם בַּיּוֹם הַהוּא, לֵאמוֹר, בְּךָ יְבָרֵךְ יִשְׂרָאֵל לֵאמֹר, יְשִׂמְךָ אֱ-לֹהִים כְּאֶפְרַיִם וְכִמְנַשֶּׁה; וַיָּשֶׂם אֶת-אֶפְרַיִם, לִפְנֵי מְנַשֶּׁה

The truth is that the blessing: “God make thee as Ephraim and as Manasseh” is a culmination of all the blessings of the Book of Genesis.  Ephraim and Menashe were two nondescript kids who are never mentioned again in the Holy Text but who are linked together more than any siblings in the Bible.  Unlike their predecessor siblings there is no record of a rivalry.  While their father Joseph[ii] complains, they do not.  I suggest that their mutual respect elevated the simple mention of their names into a blessing.  In a meritocracy, titles are awarded to those like Ephraim who are deserving, by a society which rewards achievement and whose members each individually., like Menasheh, share an aspiration to achieve.  A Start-Up Nation is powered by audacious and rogue entrepreneurs who are rewarded and funded by the landed gentry of the day.  Everyone benefits. Ephraim and Manasseh is a win win… it’s a blessing.

Rashi, the great Medieval commentator in his first comment to the Bible asks why this Code of Law (Torah means Way or instruction) begins with the narrative of Genesis and not with the first commandment given to the generation of the Exodus in the book of that name?

He answers, that unlike every other nation which lays claim to its homeland because of prior and uninterrupted title, the Jews unabashedly admit that they have no entitled claim to their Promised Land.  Abraham came from the other side of the “tracks” or in his case “river” and was the personification of the “other”.  Abraham was the first Hebrew which means Other. (Ivri – Hebrew as in Me’ever HaNehar ).

It is God, as introduced in Genesis, who provides the even playing field.  Just as the opposite of Chosen is entitled, so the opposite of the Promised Land is a Land with a Title.

Since God created the Universe, it is God, not nature, not title, not bloodline and not incumbency which awards the Promised Land.

Here’s the text of that first Rashi:

In the beginning: Said Rabbi Isaac: It was not necessary to begin the Torah except from “This month is to you,” (Exod. 12:2) which is the first commandment that the Israelites were commanded. Now for what reason did He commence with “In the beginning?” Because of [the verse] “The strength of His works He related to His people, to give them the inheritance of the nations” (Ps. 111:6). For if the nations of the world should say to Israel, “You are robbers, for you conquered by force the lands of the seven nations [of Canaan],” they will reply, “The entire earth belongs to the Holy One, blessed be He; He created it (this we learn from the story of the Creation) and gave it to whomever He deemed proper When He wished, He gave it to them, and when He wished, He took it away from them and gave it to us.

אמר רבי יצחק לא היה צריך להתחיל [את] התורה אלא (שמות יב ב) מהחודש הזה לכם, שהיא מצוה ראשונה שנצטוו [בה] ישראל, ומה טעם פתח בבראשית, משום (תהלים קיא ו) כח מעשיו הגיד לעמו לתת להם נחלת גוים, שאם יאמרו אומות העולם לישראל לסטים אתם, שכבשתם ארצות שבעה גוים, הם אומרים להם כל הארץ של הקב”ה היא, הוא בראה ונתנה לאשר ישר בעיניו, ברצונו נתנה להם וברצונו נטלה מהם ונתנה לנו

Ironically, if the Jews as the Chosen People and the Land as the Promised Land, have a message to mankind, it is not that one people has inalienable privileges and natural rights to a piece of real estate but to the contrary. The election of a chosen people for a promised land is a declaration that “The earth is the Lord’s” and no man, woman or child has a claim or right to any land or social title.  (The flip side for the Jews, as the Hebrew Prophets never tire of repeating, is that if they forget that the Earth is the Lord’s they will be spit out to wander the world dispossessed and stateless).

It was in Jewish Learning, scholarship and intellectual inquiry that this rejection of entitlement and genetic patrimony paid its biggest dividends.

The story of a young Akiva as an ignorant  laborer (am haAretz) who works his way up to lead the academy is legend.  Other stories of Talmudic scholars who started out dirt poor, as converts or as petty criminals are common.  There are no glass ceilings in the pursuit of knowledge and it is this chosenness that we celebrate when we bless Torah Study.

In their reading, the First Century Rabbis insinuate that what set apart the second-born of our patriarchs wasn’t their birth-order but their dedication to learning.  According to Babylonian Talmud Yoma 28b Abraham, Isaac and Jacob all were part of a certain Scholar’s Council.

According to Genesis 25: 27 “Esau was a cunning hunter, a man of the field; and Jacob was a quiet man, dwelling in tents.”

וַיְהִי עֵשָׂו אִישׁ יֹדֵעַ צַיִד, אִישׁ שָׂדֶה; וְיַעֲקֹב אִישׁ תָּם, יֹשֵׁב אֹהָלִים

For the Rabbis, the tents in which Jacob sat (ישב) were the academies (ישיבות) of Shem [Noah’s son] and Eber [Noah’s grandson]. Genesis Rabbah 63:10 b. Yoma 28b)

Similarly in Genesis 47:1 (above) when it says that [someone] said to Joseph that Jacob was ill Rashi comments: Some say, however, that Ephraim was accustomed to study with Jacob, and when Jacob became ill in the land of Goshen, Ephraim went to his father to Egypt to tell him.

ויש אומרים אפרים היה רגיל לפני יעקב בתלמוד, וכשחלה יעקב בארץ גושן, הלך אפרים אצל אביו למצרים והגיד לו

For the Rabbis, the selection of Israel and a dedication to unconstrained study were one and the same.

The Rabbis elevated study to a religious obsession.

There are five separate blessings said over the public reading and study of Torah.

The first three are for the study of Torah and found in the introductory portion of the daily prayer service and the second two are recited before and after the public reading of the Torah on Sabbaths, Holidays and market days (Mondays and Thursdays).

Uncharacteristically, the Talmud does not pick and choose between blessings offered by different sages but includes them all… “Let us recite them all” [Bab Talmud Berakhot 11b] When it comes to study, the more blessings the better….

לימרינו לכולהו

See Daily Torah Blessings in Sim Shalom pp 6-8

Blessed are You Lord God King of the world Who has commanded us to engage (לעסוק) in the words of Torah.

And make sweet Lord God your words of Torah in our mouth and in the mouths of your nation the House of Israel and let us and our children all know your name and learn your Torah for its name sake (לשמה).  Blessed are You our God Who teaches Torah to his people Israel.

Blessed are You Lord God King of the world Who has chosen us from amongst all the nations and given us His Torah.  Blessed are You of God Who gives the Torah.

ברוך אתה ה’ א-לוהינו מלך העולם אשר קדשנו במצוותיו וציוונו לעסוק בדברי [על דברי]  תורה

והערב נא ה’ א-לוהינו את דברי תורתך בפינו ובפיות עמך בית ישראל, ונהיה אנחנו וצאצאנו כולנו יודעי שמך ולומדי תורתך לשמה, ברוך אתה ה’ המלמד תורה לעמו ישראל

ברוך אתה ה’ א-לוהינו מלך העולם אשר בחר בנו מכל העמים ונתן לנו את תורתו, ברוך אתה ה’ נותן התורה

As is the custom with any blessing, the blessing must be followed immediately by the action which it sanctifies, so these blessings are followed by a short passage from the Torah, Mishneh and the Gemara (Bab Talmud Shabbat 127a) ending with:

And the study of Torah is equal[iii] to them all

וְתַלְמוּד תּוֹרָה כְּנֶגֶד כֻּלָּם

And the study of Torah is equal to them all

The word לעסוק is translated by Sim Shalom as “study” but this robs it of all meaning.  The word “asok” means to work.  In Modern Hebrew the word means “business” so it contains also the sense of struggle (for one’s daily living) as well as barter and the give and take of the marketplace of things and ideas.

There is something revolutionary going on here in the daily prayers. Not only does the blessing celebrate the competitive exchange of ideas and opinions so characteristic of Jewish Learning but also insures that every peddler, baker, banker and blowhard had to study a text every morning or be guilty of reciting a blessing in vain.  In Judaism study has never been limited to the academy or to the scholars.[iv]

The word לשמה is translated “on its own merit” but is alternatively translated “for its own sake” or literally “for its name” and traditionally has been understood to mean to do something without looking for a reward, or in the case of scholarship, pure research without any intended outcome or obvious practical application.  All characteristics of inquiry that lead to paradigm shifting discovery.

Here too.. the revolutionary element of Jewish learning is in view, where no opinions or conclusions are out of bounds… as radical, unforeseen or even unorthodox (or should we say heterodox) that they might be.

And finally we have mention of the election of Israel, both in this daily blessing and the blessings before and after the public reading of the Torah.

The only other blessings to include mention of Israel’s selection is the blessing relating to Israelite national holidays which is to be expected.  But the mention of Israel’s choseness with regard to Torah study and public reading is less obvious… unless one appreciates the connection the Rabbis made between the entitlement reform inherent in choseness and the entitlement reforming potential of unfettered intellectual inquiry.

The Talmud asks the standard “who do you save first” question normally prefaced by “a boat-is-sinking” or “a house-is-burning” but in a nod to Jewish history is rephrased:  Hostages-have-been-taken, who do you save first?”

To release from capture, a Cohen (priest) comes before a Levi, a Levi before a Yisroel and a Yisroel before a Mamzer (bastard).  When?  When they are equal.  But if the Mamzer is a Talmud Hacham and the [even] a High Priest is an ignoramus… the Mamzer (bastard) Scholar takes precedence over a High Priest ignoramus.

Mishneh Horiot, 3, 8

ולהוציא מבית השבי

… כוהן קודם ללוי, לוי לישראל, ישראל לממזר … אימתיי, בזמן שכולן שווין

 אבל אם היה ממזר תלמיד חכמים, וכוהן גדול עם הארץ–ממזר תלמיד חכמים קודם לכוהן גדול עם הארץ

מסכת הוריות פרק ג, ח

Judaism recognized and celebrated the power of scholarship, learning and critical thinking to break all social strata, caste systems and tribal barriers.  Learning was the ultimate equalizer, the ultimate title reformer.

One final phrase of interest found in the blessings of the Torah is included in the blessing after the public reading of the Torah.

Where we bless God who has “given us the Torah of Truth, planting within us life eternal.

חיי עולם נטע בתוכנו

There is something adversarial and combative about Torah learning.  The Rabbis are always counterpointing it to something else.  Above, against (כנגד) all the commandments and here, against prayer…. The Rabbis associate “temporal life” (חיי שעה) with prayer and eternal life (חיי עולם) with study.

Raba saw R. Hamnuna prolonging his prayers. Said he, They forsake eternal life and occupy themselves with temporal life. But he [R. Hamnuna] held, The times for prayer and [study of the] Torah are distinct from each other. R. Jeremiah was sitting before R. Zera engaged in study; as it was growing late for the service, R. Jeremiah was making haste [to adjourn]. Thereupon R. Zera applied to him [the verse], He that turneth away from hearing the law, even his prayer is an abomination. [Bab Talmud Sabbath 10a]

This is a variation on the famous line attributed to Louis Finkelstein: “When I pray I speak to God; when I study, God speaks to me.”

Study is our link with eternity because knowledge is truly the only thing that we pass on to future generations.  This is the true eternal life (חיי עולם).

Maybe that explains why the blessing that parents give their children every week is actually not a parental blessing at all…. It’s a grandparental blessing originally given by Jacob/Israel to his grandchildren Ephraim and Menasha! The blessing celebrates multigenerational aspect of living a life not based on a static patrimony but on an active and chosen engagement.

And maybe that’s why, of all the Rabbis and Midrashim that Rashi quotes in his commentary, scholars have been unable to find the source of this first midrash, nor have they been able to identify this certain Rabbi Yitzchak to whom Rashi refers.  Could it be that this Rabbi Yitzchak was not a Rabbi of Midrashic times, but was actually Rashi’s own father?[v]  “Rashi” is an acronym for Rabbi Shlomo ben Itzchaki and after all it is only in learning that we honor and preserve the memory of our parents, grandparents and teachers…

[adopted from a kavanah study session at The Conservative Synagogue of Westport, CT]

——————-

[i] Abraham is an interesting possible exception. See Genesis 10: 27

[ii] The truth is, that the resolution of the birthright/chosen conflict at the end of Genesis includes not only Ephraim and Menasha, but Joseph as well.  Joseph, who as the first-born of Rachel, Jacob’s chosen first-born wife gets the double portion due a first-born by receiving two tribal portions (Ephraim and Menashe) in the promised land.

[iii] נגד as in a scale where all the commandments are on one side of the scale and the study of Torah is on the other.  Compare also נגד as in the exchange of opposite or differing opinions אזר כנגו, כנגד ההר, כנגד ארבה בנים

[iv] As Nahum Sarna writes: “the conventional treaty provision requiring periodic public reading of the treaty’s stipulations was expanded in Israel and transformed into a wholly new category: the obligation, oft repeated, to disseminate the law among the masses; that is, the universal duty of continuous self-education.” [Exploring Exodus: The Origins of Biblical Israel, Nahum M. Sarna, Knopf Doubleday Publishing Group, Aug 10, 2011 p. 143

[v] “His impressive commentary of the Bible starts with a question asked by a Rabbi Yitzhak: ….. for some exegetes, this Rabbi Yitzhak is none other than the author’s father. If this assumption is correct, it would mean that we know at least one thing about Rashi’s father: he was himself a rabbi who posed questions worthy of contemplation. But beyond the fact that he was the father of one the greatest scholars of the biblical and Talmudic literature, we know very little.”

Wiesel, Elie (2009-08-06). Rashi (Jewish Encounters) (p. 11). Knopf Doubleday Publishing Group. Kindle Edition.

blessing-ephraim and Menasha

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Filed under Bible, Chosen People, divine right, Hebrew, Israel, Judaism, prayer, Religion, Shabbat, Torah, tribalism

of noah’s ark, cathedrals in time and jewish ships – parshat noach

Shabbat is a “cathedral in time” suggested AJ Heschel by which he meant that Judaism emphasizes the sanctity of time over space.  In making a distinction between the Sabbath and the cathedral, the iconic edifice of institutional religion Heschel was following a time-honored Jewish tradition.

The Torah follows the laws regarding the building of the Tent of Meeting (Mishkan) with an admonition to keep the Sabbath (Exodus 31: 12-17) from which the rabbis learnt that any of the 39 tasks used to build the Mishkan, were forbidden as work (melacha) on the Shabbat. The lesson is clear: The Mishkan and later the Temple were built as an accommodation to our need for edifice and to accessorize… or as Mel Brooks would say: merchandising.  The Sabbath – a sanctuary in time – with its aspiration to sanctify time, activity and state of mind supersedes any temporal temple.

The Mishkan was not the first biblical construction commanded by God. Moses & Bezalel were not the first master builders.  Biblical scholars have noted the parallels of the divine architectural specifications to build the Mishkan to similar specs provided to Noah to build an ark.

See: R. Jonathan Sacks: The Architecture of Holiness and a Mormon scholar who recently wrote an extended article on the subject: The Ark and the Tent: Temple Symbolism in the Story of Noah [especially notes 134-]

If Noah’s ark is the first biblical temple then as such it represents our tradition’s first clear compromise and recalibration to the shortcomings of humanity and our need for building campaigns, clergy, chapel and sacrifices to the Gods (see previous blog post honor thy sources and Genesis 8:20 ; the first biblical sacrifice burnt by Noah).  Noah was the first religious leader who had to quantify the message … (see: Bill Cosby’s “What’s a Cubic”)

But if Noah’s Ark was the first cathedral, where is the offsetting “Cathedral in time”?  Where is Shabbat and it alternative and aspirational message of the sanctity of time over thing?

Here at the emergence of organized religion where one man; Noah, was chosen from amongst others to lead, where sacrifices were brought and institutional religion and government, with corrupt (or at least, drunk) leaders were born… Where was the reminder that these were all accommodations, that the real ideal, the real prize … was the Shabbat?

Fortunately, there are those like me, who have Shabbat on the mind and who read the story of Noah’s Ark (Genesis 8) and found Shabbat:

ח  וַיְשַׁלַּח אֶת-הַיּוֹנָה, מֵאִתּוֹ–לִרְאוֹת הֲקַלּוּ הַמַּיִם, מֵעַל פְּנֵי הָאֲדָמָה.

8 And he sent forth a dove from him, to see if the waters were abated from off the face of the ground.

ט  וְלֹא-מָצְאָה הַיּוֹנָה מָנוֹחַ לְכַף-רַגְלָהּ, וַתָּשָׁב אֵלָיו אֶל-הַתֵּבָה–כִּי-מַיִם, עַל-פְּנֵי כָל-הָאָרֶץ; וַיִּשְׁלַח יָדוֹ וַיִּקָּחֶהָ, וַיָּבֵא אֹתָהּ אֵלָיו אֶל-הַתֵּבָה.

9 But the dove found no rest for the sole of her foot, and she returned unto him to the ark, for the waters were on the face of the whole earth; and he put forth his hand, and took her, and brought her in unto him into the ark.

י  וַיָּחֶל עוֹד, שִׁבְעַת יָמִים אֲחֵרִים; וַיֹּסֶף שַׁלַּח אֶת-הַיּוֹנָה, מִן-הַתֵּבָה.

10 And he stayed yet other seven days; and again he sent forth the dove out of the ark.

יא  וַתָּבֹא אֵלָיו הַיּוֹנָה לְעֵת עֶרֶב, וְהִנֵּה עֲלֵה-זַיִת טָרָף בְּפִיהָ; וַיֵּדַע נֹחַ, כִּי-קַלּוּ הַמַּיִם מֵעַל הָאָרֶץ.

11 And the dove came in to him at eventide; and lo in her mouth an olive-leaf freshly plucked; so Noah knew that the waters were abated from off the earth.

יב  וַיִּיָּחֶל עוֹד, שִׁבְעַת יָמִים אֲחֵרִים; וַיְשַׁלַּח, אֶת-הַיּוֹנָה, וְלֹא-יָסְפָה שׁוּב-אֵלָיו, עוֹד.

12 And he stayed yet other seven days; and sent forth the dove; and she returned not again unto him any more.

As if the reference to the dove not finding Menucha “rest”, the fact that the name Noach is a cognate of the word rest-menucha and the repeated seven day intervals were not enough, the Rabbis calculated that by the calendar the dove actually landed on Shabbat.

Based on this tradition, we sing a song  called Yom Shabbaton attributed to Yehuda Halevi  on shabbat afternoon (see verse 11 above “eventide”) which celebrates the magnificence of the Shabbat with a refrain that connects Shabbat to Noah’s Ark:

The day of rest should not be forgotten: On it the dove found rest, there shall rest exhausted​​ ones.

For Halevi, the Shabbat was not only a sanctuary in time; it was also a refuge in time that transcended the daily humiliations and exhaustion of his particular time and space.  Shabbat was a weekly refuge from the Inquisition and the indignities of the exile from his beloved land of Zion. (press to hear my favorite melody for this zemer).

For Halevi and for generations of our people, the Shabbat was a life raft…. The Shabbat provided relief not only from a misreading or compromise of the world of the spirit, but more critically, it provided a refuge from physical persecution, poverty, hunger and pain suffered by a people. It was a Jewish boat.

The father of my VERY good friend Eileen Posnik was a Yiddish writer named Usher Penn who lived in Cuba and in 1943 wrote the following poem called Di yiddishe shif.  It is about a ship that was not built in time to save the six million, but is a ship… a fleet of ships, that represents the power of an ideal… the ideal of the weekly Shabbat and the ideal of the return to the Jewish homeland.  Heschel’s Sanctuary in time, Halevi’s ark of refuge and Penn’s Jewish boats represent that which transcends time and space, institutions and edifices, persecution and insult.  In them lies the secret of our survival.  After all the necessary accommodations, humiliations and physical and moral exhaustion of the work week and the construction of institutions, structures and states (and associated compromises and accommodations) we need to refresh ourselves with Shabbat menucha …Shabbat rest

The Jewish Boat – Usher Penn 1943

I have learned to design ships

Pleasure ships and warships

Now, after thousands of years, the time has come

To build a ship for the wandering Jews

A wondrous ship, a new design

With all the latest modern techniques

A ship that can swim deep under water

And soar over the stars

A new ship for a very old people

Whom the sea has swallowed more than once,

Hounded from shore to shore

And drowned like disease-ridden rats.

I will build you a ship, my brothers,

Refugees from the Shturme and the St Louis

You, upon whose heads has fallen the rage

Of all the vampires and wild beasts

I will build you a ship,

An entire fleet,

And I will hide it deep it the depths of the sea;

It will come to save you,

When it hears the cry of the ancient wandering Jews.

Di yiddishe shif

Ich hob gelerent tzu shifn, tsu tsaich’nen

Shifn far kreig un far frid’n.

Di tzeit iz shoyn raif

Efshr toizenter yor’n

Tzu boyen a shif

Far farvoglte idin.

A shif gor bazunder

A plan gor a nayer

Loit der letzter technik un modern,

A shif, vos zol shvimen tif unter’n vaser

Un zol kenen oich fliyen

Heit iber di shter’n

A shif gor a naiye

Far a folk gor an alten

Vos hot shoyn nit einmol

In yam zich getrinken,

Getrib’n gevor’n fun alerlay breg’n

Vi kretzike shtoshures

Gevor’n gezinken

A shif vel ich boyen

Far eich, meine brider

Ir vogler fun  “shturme” un fun “st louis”.

Vos oif ayere kep

Iz gefal’n der tzor’n

Fun alle vampir’n

Un chayus royus.

A shif vel ich shaf’n

A flot gor a gantz’n,

Tif oif dem opgrunt

Vel ich im bahalt’n

Er vet kum’n aich dinen

Ven er vet derher’n

Dem ruf fun dem idish’n vogler

Der alten.

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Filed under Bible, Israel, Judaism, Religion, Sabbath, Shabbat, Torah

as good as it gets

hanukah

Confronting the December Dilemma I have always felt that Hanukah never had a chance.  Christmas is an “Imagine” holiday where we are invited to aspire to a world of Peace-on-Earth and Goodwill-to-Man.  Hanukah is a (nother) Jewish survival holiday… They tried to kill us, we survived, now let’s eat.

In my first post on this blog Imagining Shabbat, I argued that to have a winning horse in the “Imagine” race, I would suggest Shabbat; a Jewish holiday that actually comes 52 times a year and aspires to Peace-on-Earth and Goodwill-to-Man as well, if not better, than any holiday I know.

That being said, conflicting feelings about the Hanukah remain.

Certainly the Maccabees serve as a wonderful model of Jews standing up for their rights and fighting…. literally fighting, for their independence. I also admire Judah the Maccabee’s pragmatism for establishing the precedent that Jews can defend themselves on the Shabbat.  But certainly tolerance and pluralism is not a word associated with the Maccabees and later generations of Maccabee priests/rulers were known for their corruption. The Hasmonean dynasty was a precursor for King Herod and the Herodian dynasty.  The Maccabees thrived on power and we all know the power of power to corrupt.

I have always figured that it was a pacifistic strain in Rabbinic Judaism that was responsible for emasculating the Maccabees and modulating the militaristic nature of their victory by providing a cute story of miraculously energy efficient oil.  I attributed this pacifism with the Rabbi’s decision not to include the Book of the Maccabees in the Canon of the Hebrew Bible.

It turns out that the Rabbinic ambivalence to the Maccabees was for another reason… a reason that actually makes me a fan of the Maccabees and gives me added reason to celebrate Hanukah.

Since I love going to the sources, I bought myself a copy of the Anchor Bible‘s Book of First Maccabees and it turns out that this book which we now have only in Greek, but which was originally written in Hebrew may have included a heresy that the Rabbis wished to hide.  It turns our that “First Maccabees, rejects Daniel 7-12 [1] and the belief in the resurrection and suggests that martyrdom can be in vain”. It turns out that Judah the Maccabee’s real ideological polemic was not with the Jewish Hellenists,  but rather with compatriot Jews who wished to conquer the Greek Hellenists and curry God’s favor (and redemption) by way of martyrdom.  (see Jonathan A. Goldstein, I Maccabees, a new translation with introduction and commentary, The Anchor Bible 1976, p 56)

First Maccabees is actually a first class work.  “The author is generally well informed on Seleucid institutions.  He probably intended to add his work to the sacred scriptures of the Jews.  However, it was destined to be rejected. The later history of the Hasmonaeean dynasty proved false our author’s claim that God had chosen mattathias’ line to be both high priests and kings.  Belief in the resurrection, denied by our author, became a fundamental of Judaism. Already Josephus was amending the text of First Maccabees and departing from its narrative as he would never have done with sacred scripture.  In the times of Origen and Jerome, when the Hebrew was still being read by Jews, First Maccabees was clearly outside the canon of the Jewish scriptures.  The book is never mentioned or quoted by the tannaim and the amoraim.  Medieval Jews begin to know its contents from the Latin and Greek versions and from Josephus.” [Goldstein ibid. p 26)

According to Goldstein, what is blatantly missing from I Maccabees I 50 -64 is any glorification of the death of the Jewish protagonists:

50 Whoever refused to act according to the command of the king was to be put to death.
57 Whoever was found with a scroll of the covenant, and whoever observed the law, was condemned to death by royal decree.
60 In keeping with the decree, they put to death women who had their children circumcised,
61 and they hung their babies from their necks; their families also and those who had circumcised them were killed.
62 But many in Israel were determined and resolved in their hearts not to eat anything unclean;
63 they preferred to die rather than to be defiled with food or to profane the holy covenant; and they did die.
64 And very great wrath came upon Israel. (see)

Writes Goldstein: “Pietists before had tried to rouse God’s vengeance against the persecuting gentiles by displaying helpless martyrdom, …. Martyrdom was unnecessary, they held; display of mere helplessness by the pious would rouse God to act… (Goldstein ibid p. 262)

Compare also I Maccabees 2: 29 – 41

29 At that time many who sought righteousness and justice went out into the wilderness to settle there,
30 they and their children, their wives and their animals, because misfortunes pressed so hard on them.
31 It was reported to the officers and soldiers of the king who were in the City of David, in Jerusalem, that those who had flouted the king’s order had gone out to secret refuges in the wilderness.
32 Many hurried out after them, and having caught up with them, camped opposite and prepared to attack them on the sabbath.
33 The pursuers said to them, “Enough of this! Come out and obey the king’s command, and you will live.”
34 But they replied, “We will not come out, nor will we obey the king’s command to profane the sabbath.”
35 Then the enemy attacked them at once.
36 But they did not retaliate; they neither threw stones, nor blocked up their secret refuges.
37 They said, “Let us all die in innocence; heaven and earth are our witnesses that you destroy us unjustly.”
38 So the officers and soldiers attacked them on the sabbath, and they died with their wives, their children and their animals, to the number of a thousand persons.

39 When Mattathias and his friends heard of it, they mourned deeply for them.
40 They said to one another, “If we all do as our kindred have done, and do not fight against the Gentiles for our lives and our laws, they will soon destroy us from the earth.”
41 So on that day they came to this decision: “Let us fight against anyone who attacks us on the sabbath, so that we may not all die as our kindred died in their secret refuges.” (see)

To appreciate how Mattathias and his friends disparage the martyrdom of these pietists we need to contrast this account in I Maccabees with the (originally) Greek II Maccabees 2: 6: 18 -31 (Martyrdom of Eleazar)

18 Eleazar, one of the foremost scribes, a man advanced in age and of noble appearance, was being forced to open his mouth to eat pork.
19 But preferring a glorious death to a life of defilement, he went forward of his own accord to the instrument of torture,
20 spitting out the meat as they should do who have the courage to reject food unlawful to taste even for love of life.
21 Those in charge of that unlawful sacrifice took the man aside, because of their long acquaintance with him, and privately urged him to bring his own provisions that he could legitimately eat, and only to pretend to eat the sacrificial meat prescribed by the king.
22 Thus he would escape death, and be treated kindly because of his old friendship with them.
23 But he made up his mind in a noble manner, worthy of his years, the dignity of his advanced age, the merited distinction of his gray hair, and of the admirable life he had lived from childhood. Above all loyal to the holy laws given by God, he swiftly declared, “Send me to Hades!
24 “At our age it would be unbecoming to make such a pretense; many of the young would think the ninety-year-old Eleazar had gone over to an alien religion.
25 If I dissemble to gain a brief moment of life, they would be led astray by me, while I would bring defilement and dishonor on my old age.
26 Even if, for the time being, I avoid human punishment, I shall never, whether alive or dead, escape the hand of the Almighty.
27 Therefore, by bravely giving up life now, I will prove myself worthy of my old age,
28 and I will leave to the young a noble example of how to die willingly and nobly for the revered and holy laws.” He spoke thus, and went immediately to the instrument of torture.
29 Those who shortly before had been kindly disposed, now became hostile toward him because what he had said seemed to them utter madness.
30 When he was about to die under the blows, he groaned, saying: “The Lord in his holy knowledge knows full well that, although I could have escaped death, I am not only enduring terrible pain in my body from this scourging, but also suffering it with joy in my soul because of my devotion to him.”
31 This is how he died, leaving in his death a model of nobility and an unforgettable example of virtue not only for the young but for the whole nation. (see)

And II Maccabees chapter 7  Martyrdom of a Mother and Her Seven Sons

1 It also happened that seven brothers with their mother were arrested and tortured with whips and scourges by the king to force them to eat pork in violation of God’s law.
2 One of the brothers, speaking for the others, said: “What do you expect to learn by questioning us? We are ready to die rather than transgress the laws of our ancestors.”
3 At that the king, in a fury, gave orders to have pans and caldrons heated.
4 These were quickly heated, and he gave the order to cut out the tongue of the one who had spoken for the others, to scalp him and cut off his hands and feet, while the rest of his brothers and his mother looked on.
5 When he was completely maimed but still breathing, the king ordered them to carry him to the fire and fry him. As a cloud of smoke spread from the pan, the brothers and their mother encouraged one another to die nobly, with these words:
6 “The Lord God is looking on and truly has compassion on us, as Moses declared in his song, when he openly bore witness, saying, ‘And God will have compassion on his servants.’”
7 After the first brother had died in this manner, they brought the second to be made sport of. After tearing off the skin and hair of his head, they asked him, “Will you eat the pork rather than have your body tortured limb by limb?”
8 Answering in the language of his ancestors, he said, “Never!” So he in turn suffered the same tortures as the first.
9 With his last breath he said: “You accursed fiend, you are depriving us of this present life, but the King of the universe will raise us up* to live again forever, because we are dying for his laws.”
10 After him the third suffered their cruel sport. He put forth his tongue at once when told to do so, and bravely stretched out his hands,11as he spoke these noble words: “It was from Heaven that I received these; for the sake of his laws I disregard them; from him I hope to receive them again.”
12 Even the king and his attendants marveled at the young man’s spirit, because he regarded his sufferings as nothing.
13 After he had died, they tortured and maltreated the fourth brother in the same way.
14 When he was near death, he said, “It is my choice to die at the hands of mortals with the hope that God will restore me to life; but for you, there will be no resurrection to life.”
15 They next brought forward the fifth brother and maltreated him.
16 Looking at the king, he said: “Mortal though you are, you have power over human beings, so you do what you please. But do not think that our nation is forsaken by God.
17 Only wait, and you will see how his great power will torment you and your descendants.”
18 After him they brought the sixth brother. When he was about to die, he said: “Have no vain illusions. We suffer these things on our own account, because we have sinned against our God; that is why such shocking things have happened.
19 Do not think, then, that you will go unpunished for having dared to fight against God.”
20 Most admirable and worthy of everlasting remembrance was the mother who, seeing her seven sons perish in a single day, bore it courageously because of her hope in the Lord.21Filled with a noble spirit that stirred her womanly reason with manly emotion, she exhorted each of them in the language of their ancestors with these words:22e “I do not know how you came to be in my womb; it was not I who gave you breath and life, nor was it I who arranged the elements you are made of.
23 Therefore, since it is the Creator of the universe who shaped the beginning of humankind and brought about the origin of everything, he, in his mercy, will give you back both breath and life, because you now disregard yourselves for the sake of his law.”
24 Antiochus, suspecting insult in her words, thought he was being ridiculed. As the youngest brother was still alive, the king appealed to him, not with mere words, but with promises on oath, to make him rich and happy if he would abandon his ancestral customs: he would make him his Friend and entrust him with high office.
25 When the youth paid no attention to him at all, the king appealed to the mother, urging her to advise her boy to save his life.
26 After he had urged her for a long time, she agreed to persuade her son.
27 She leaned over close to him and, in derision of the cruel tyrant, said in their native language: “Son, have pity on me, who carried you in my womb for nine months, nursed you for three years, brought you up, educated and supported you to your present age.
28 I beg you, child, to look at the heavens and the earth and see all that is in them; then you will know that God did not make them out of existing things. In the same way humankind came into existence.
29 Do not be afraid of this executioner, but be worthy of your brothers and accept death, so that in the time of mercy I may receive you again with your brothers.”
30 She had scarcely finished speaking when the youth said: “What is the delay? I will not obey the king’s command. I obey the command of the law given to our ancestors through Moses.
31 But you, who have contrived every kind of evil for the Hebrews, will not escape the hands of God.
32 We, indeed, are suffering because of our sins.
33 Though for a little while our living Lord has been angry, correcting and chastising us, he will again be reconciled with his servants.
34 But you, wretch, most vile of mortals, do not, in your insolence, buoy yourself up with unfounded hopes, as you raise your hand against the children of heaven.
35 You have not yet escaped the judgment of the almighty and all-seeing God.
36 Our brothers, after enduring brief pain, have drunk of never-failing life, under God’s covenant. But you, by the judgment of God, shall receive just punishments for your arrogance.
37 Like my brothers, I offer up my body and my life for our ancestral laws, imploring God to show mercy soon to our nation, and by afflictions and blows to make you confess that he alone is God.
38 Through me and my brothers, may there be an end to the wrath of the Almighty that has justly fallen on our whole nation.”
39 At that, the king became enraged and treated him even worse than the others, since he bitterly resented the boy’s contempt.
40 Thus he too died undefiled, putting all his trust in the Lord.
41 Last of all, after her sons, the mother was put to death.
42 Enough has been said about the sacrificial meals and the excessive cruelties. (see)

If Goldstein is correct and the Hebrew original of First Maccabees was sentenced to the dust heap because it failed to show any enthusiasm for martyrdom, an eternal life or resurrection of the dead then our celebration of the Maccabees becomes a celebration of a Judaism free of the eschatology of end-of-day Armageddons and Messiahs, both real and false.

As troubling to our modern ears as the violence and intolerance of Judah and his band may be, at least it was not informed by a desire for a New Jerusalem or a Greater Israel.  Theirs was a battle for cultural, religious and physical independence, and nothing more.

In the final analysis, it may be that Hanukah is actually the perfect antidote for a messianic Christmas.

If the Peace-on-Earth and Goodwill-to-Man of Christmas is of the Second Coming variety, then the Hanukah of the Maccabees can be taken as a rejection of such change of world orders through martyrdom (whether of a god or a foot soldier) ideologies.

If so much vitriol and violence in our world is the result of this insane desire to harken a savior, messiah, hidden Mahdi or second coming, then the Maccabees that I celebrate, for all their faults, at least believed that independence is as good as it gets and that, my friends, is worth its weight in hanukah gelt.

————-

 

[1] Especially Daniel 12: 2 “And many of them that sleep in the dust of the earth shall awake, some to everlasting life, and some to reproaches and everlasting abhorrence.” and further discussion in II Maccabees, Anchor Bible pp 63.. and see full discussion pp 293 .. and pp 303

 

 

 

 

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Filed under Bible, Jewish jesus, Judaism, miracle, Shabbat, Torah

holy crap

Ashar Yatzar

To the best of my knowledge, there is no other religion that has a blessing upon taking care of one’s business.  Washing hands after relieving oneself is just good hygiene and probably prescribed by many religious orders, but saying a blessing prior to and after a visit to the loo is, to my mind, unique to Judaism.  [students of comparative religion and anthropologists: please correct if you know differently].

For better or worse, we no longer recite the prayer before entering a bathroom (in Hebrew בית הכסא lit. house of the chair) [1], but the prayer prescribed after-the-fact is not only still recited by the faithful, but preserved in the standard prayer book and part of the daily morning prayers.  It is called Ashar Yatzar (אשׁר יצר ) Here is the text of the prayer:

Blessed are You, Hashem our God, King of the universe, Who formed man with wisdom and created within him many openings and many hollows. It is obvious and known before Your Throne of Glory that if even one of them ruptures, or if even one of them becomes blocked, it would be impossible to survive and to stand before You (even for one hour). Blessed are You, Hashem, Who heals all flesh and acts wondrously.

ברוך אתה ה’ א-להינו מלך העולם אשר יצר את האדם בחכמה וברא בו נקבים נקבים חלולים חלולים גלוי וידוע לפני כסא כבודך שאם יפתח אחד מהם או יסתם אחד מהם אי אפשר להתקיים ולעמוד לפניך  (אפילו שעה אחת ***)  ברוך אתה ה’ רופא כל בשר ומפליא לעשות

All bathroom humor aside… the blessing is actually quite beautiful and the English does not do it justice.  “many openings and many hollows” actually echoes the biblical method of emphasis by repeating a word (Epizeuxis) such as “Justice Justice shall you [certainly] pursue of Deut. 16:20.   Or more appropriately, think of Carl Sagan’s “billions and billions”  Here it is “openings and [more] openings, hollows and [more] hollows… it is a paean of awe to the workings of the human body, in all it’s incomprehensible and unquantifiable complexity.  No wonder so many Jews became doctors! [2] From the most humble and humbling activity comes a prayer of radical wonder.

The Talmud records the discussion regarding the exact text of the closing benediction.

How does the blessing conclude? Rab said: ‘[Blessed art Thou] that healest the sick’ (רופא חולים). Said Samuel: Abba has turned the whole world into invalids! No; what he says is, ‘That healest all flesh’. R. Shesheth said: ‘Who doest wonderfully’. R. Papa said: Therefore let us say both, ‘Who healest all flesh and doest wonderfully’.

אמר רב רופא חולים אמר שמואל קא שוינהו אבא לכולי עלמא קצירי אלא רופא כל בשר רב ששת אמר מפליא לעשות א”ר פפא הלכך נמרינהו לתרוייהו רופא כל בשר ומפליא לעשות

According to Rab, this could have been our blessing for the healing of the sick..  The final form of the blessing relates to healing and wonder, in equal measure.

According to Maimonides [3], we recite the Ashar Yatzar in conjunction with the other blessings upon rising and dressing, but according to our prayer book, the Ashar Yatzar is placed right before the prayer for learning Torah.  The irony is not missed by Ellen Frankel, a commentator in the My Peoples Prayer Book series, who also brings a feminist perspective to her comments.  She writes:

“what a strange juxtaposition it is – thanking God simultaneously for teaching us Torah and for giving us internal plumbing that works!  Could any two spheres be further apart?  And yet in this odd pairing we find the genius of Jewish prayer: on the one hand, if our tubes and valves fail to function, how difficult it is to focus our minds on study!  But on the other, how healing it can be for us to “make the words of Your Torah sweet to us and to the house of Israel, your people,” despite physical distress.

Frankel continues: For women, whose anatomical system is far more complex than men’s, this blessing is especially meaningful.  The very word for duct “n’kavim (נקבים), shares its root with n’kevah (נְקֵבָה), the Hebrew word for “female.”

Frankel  goes on to point out, that while, by tradition, every human is a vessel and a void created to hold holiness and life, yet it is a woman whose spaces and hollows permits the birth and wonder of new life.    For those of you who are students of Jewish mysticism, you certainly appreciate the meaning of a void and how mankind redeems the world through filling the void… מלא את החלל‎ל.. this sense of “hollows and hollows” חלולים חלולים was certainly not lost on the author of this prayer.

If I am even partially correct that this prayer does not exist or at least feature in other religions and cultures then I  wunder … Did it come out of a vacuum, what were its author’s intentions?  Were the original authors aware of it’s radical nature and potential for derision?

I first came across a derogatory reference to this prayer as an undergraduate student while reading… of all people, Karl Marx. It’s possible that this unique prayer was part of a long list, compiled by anti-Semites to demonstrate Judaism’s embrace of the physical, mundane and crass.  It may be that it was his own innovation, due to a rabbinic background or a fixation on feces [4], but in one of his earliest works written in 1843 called: On the Jewish Question Karl Marx writes:

The monotheism of the Jew, therefore, is in reality the polytheism of the many needs, a polytheism which makes even the lavatory an object of divine law. Practical need, egoism, is the principle of civil society, and as such appears in pure form as soon as civil society has fully given birth to the political state. The god of practical need and self-interest is money. (see )

I would argue that it was Judaism’s embrace of the physical and material which made Marx possible.  Afterall, it was Marx who championed Historical Materialism with its focus on material modes of production.  Marx would not be the first thinker to distance himself and rebuke his mentors and those antecedent thinkers who influenced his thought.  In fact the “Jewish Question” was itself a diatribe against his mentor Bruno Bauer.  In any case, the uniqueness of Jewish law’s attention to the lavatory and the Asher yatzer and it’s materialism was noted in 19th century thought.

In a Pulitzer Prize (1974) work named The Denial of Death, Ernest Becker dedicates a complete chapter to the bathroom (The meaning of anlality).  I quote this student of 19th century psychoanalysis at length because it seems to me, more than any contemporary thinker, Becker appreciates the significance of literature and, in our case, a prayer relating to the movement of the bowels.  He writes:

The tragedy of man’s dualism, his ludicrous situation, become too real… We now understand that what psychoanalysts have called “anality” or anal character traits are really forms of the universal protest against accident and death. …  To say that someone is “anal” meant that someone is trying extra-hard to protect himself against the accidents of life and danger of death, trying to use the symbols of culture as a sure means of triumph over natural mystery, trying to pass himself off as anything but an animal.  … We read that men of the Chagga tribe wear an anal plug all their lives, pretending to have sealed up their anus and not to need to defecate.  An obvious triumph over mere physicalness. Or take the widespread practice of segregating women in special huts during menstruation and all the various taboos surrounding menstruation….

Anality explains why men yearn for freedom from contradictions and ambiguities, why they like their symbols pure, their Truth with a capital “T”. …. The upsetting thing about anality is that it reveals that all culture, all man’s creative life-ways, are in some basic part of them a fabricated protest against natural reality, a denial of the truth of the human condition, and an attempt to forget the pathetic creature that man is.  …

Excreting is the curse that threatens madness because it shows man his abject finitude, his physicalness, the likely unreality of his hopes and dreams.

But even more immediately, it represents man’s utter bafflement at the sheer non-sense of creation; to fashion the sublime miracle of the human face, the mysterium tremendum of radiant feminine beauty, the veritable goddesses that beautiful women are; to bring this out of nothing, out of the void, and make it shine noonday; to take such a miracle and put miracles again within it, deep in the mystery of eyes that peer out – the eye that gave even the dry Darwin a chill: to do all this, and combine it with an anus that shits! It is too much. Nature mocks us, and poets live to torture.  pp 55 – 58

In my reading, the Ashar Yatzar prayer, by itself, embraces physicality and implicitly rejects a worldview that claims that the spirit, the intellect and beauty are all mocked by our finite, putrid and decaying nature.  Combined with the prayer for Torah learning, the Ashar Yatzar is a radical rejection of any attempt to insert a wedge between body and soul.

But is my read, also the rabbi’s read?  Did the authors of the Ashar Yatzar prayer recognize, nay, intend it to be such a rejection?

As they say in the Talmud…. Come and listen.

God instructs Moses to meet with Pharoah, in the morning at the Nile (Exodus 7:15)

Go to Pharaoh in the morning; behold, he is going forth to the water, and you shall stand opposite him on the bank of the Nile, and the staff that was turned into a serpent you shall take in your hand.

Rashi comments:

behold, he is going forth to the water: to relieve himself, for he had deified himself and said that he did not need to relieve himself; so, early in the morning he went out to the Nile and there he would perform his needs. — [from Mid. Tanchuma, Va’era 14; Exod. Rabbah 9:8]

הנה יצא המימה – לנקביו, שהיה עושה עצמו אלוה ואומר שאינו צריך לנקביו ומשכים ויוצא לנילוס ועושה שם צרכיו

Like Becker’s Chagga tribe, Pharaoh knew that gods don’t shit.  If he wanted to be taken as a god, he needed to hide this aspect of his being.  More importantly, for our purposes, the Rabbis who composed the Ashar Yatzar were aware of the conflict between the most basic bodily movement and any aspirations to godliness.

I will argue below, that for the authors of the Ashar Yatzar the emphasis on the wonder of man’s physicality not being at the expense of his spirituality differentiated Judaism from paganism but also differentiated Rabbinic Judaism from some emerging ascetic sects; namely the Essenes who are considered by many to be precursors of the early Christians.

It is only when we visit the “latrines of the Essenes” that we understand that the Ashar Yatzar was not simply an embrace of physicality.. it was a polemic against those that would have us deny our physical nature and aspire to be angels.

In The Jewish War, Josephus writes of Jewish sects in the First Century AD including the Essenes who, he explains, had a year-long trial before joining the sect in which they:

 “Observe the same rule of life as the members, receiving from them a hatchet, the loin-cloth mentioned above and white garments.”..  He goes on to explain that “they abstain from seventh-day work more rigidly than any other Jews; for not only do they prepare their meals the previous day so as to avoid lighting fire on the Sabbath, but they do not venture to remove any utensil or to go and ease themselves.  On other days they dig a hole a foot deep with their trenching-tool (for such is the hatchet they give to the novices) and draping their cloak round them so as not to affront the rays of the god, they squat over it; then they put the excavate soil back in the hole.  On these occasions they choose the more secluded spots; and through emptying the bowels is quite natural they are taught to wash after it, as if it defiled them.”  (See The War of the Jews, Excursus I – Jewish Sects)

To be sure, the Bible includes provisions to take care of one’s needs outside of the camp:

And thou shalt have a paddle among thy weapons; and it shall be, when thou sittest down abroad, thou shalt dig therewith, and shalt turn back and cover that which cometh from thee. (Deuteronomy 23: 14)

 וְיָתֵד תִּהְיֶה לְךָ, עַל-אֲזֵנֶךָ; וְהָיָה, בְּשִׁבְתְּךָ חוּץ, וְחָפַרְתָּה בָהּ, וְשַׁבְתָּ וְכִסִּיתָ אֶת-צֵאָתֶךָ

But this provision is only for an individual who becomes impure and in order to purify himself must leave the camp. (Deuteronomy 23:11)

It was the Essenes who universalized the shameful nature of the most basic bodily function to the extent that moving one’s bowels on the Sabbath became prohibited!

Josephus is no longer our only source for this animus to the anus… The Dead Sea scrolls provide additional support.  Temple Scroll prohibits the act of defecating in the city of Jerusalem.

Note: While the rabbis refer to the bathroom as a “house of the chair” בית הכסא in the Dead Sea scrolls it is referred to as “place of the hand” מקום היד …

(11Q19 46.13-16a)

Temple Scroll

 

 

 

13 And you will make for them a place of the hand outside of the city where they shall go;

14 outside to the northwest of the city – houses with beams and pits in their midst

15 into which excrement shall drop and shall not be visible to anyone at a distance

16a from the city of three thousand cubits vacat

Similarly, the Qumran community built latrines to the northwest of Khirbet Qumran in the War Scroll:

(1QM 7.6b-7)

War ScrollTemple Scroll

 

 

 

 

6b And there shall be a distance

7 between all of their camps and the place of the hand two thousand cubits. And any immodest nakedness shall be seen around any of their camps.

(see A SCROLL IN ONE HAND AND A MATTOCK IN THE OTHER: LATRINES, ESSENES, AND KHIRBET QUMRAN by Ian Werrett, Saint Martin’s University for a review of the current literature/controversy over the Dead Sea Scrolls and this issue).

I believe that the Rabbis who wrote the Ashar Yatzar were profoundly aware of the asceticism, escapism and rejection of the physical that characterized the Essenes and the author’s of the Dead Sea scrolls, living in the desert.  Which brings us to our closing text and the rejection of the Jewish version of the Greek’s nectar of the gods.

The Rabbis record a tradition whereby the manna contained nutritious matter only, without any waste products, so that during the whole time the Israelites lived upon it the grossest office of the body remained unexercised. The Israelites, nevertheless, complained of it [seemingly anticipating Modern medical science which suggests that the lack of microbes associated with feces would cause severe bowel problems]

but now our soul is dried away; there is nothing at all; we have nought save this manna to look to.’—(Numbers 11: 6)

 וְעַתָּה נַפְשֵׁנוּ יְבֵשָׁה, אֵין כֹּל–בִּלְתִּי, אֶל-הַמָּן עֵינֵינוּ

 

“Shall a human being not discharge of what he eats? our bowels will surely be swollen” (Yoma l.c.; Sifre, Num. 87-89; Tan., l.c.). see and  see

שהיה המן נבלע באברים ולא היו צריכים לנקבים, והתאוננו שמכיון שאין מוציאים מה שמכניסים הלא עתיד המן לתפח כריסים, כי כלום יש ילוד אשה שמכנים ואינו מוציא.

According to the Rabbis of the Talmud, the Jews of the Exodus rejected the godliness of the manna for continence …which confirms the punch line of most Jewish bathroom humor and also confirms the intention of the Ashar Yatzar.

Ultimately, the Ashar Yatzar is a radical rejection of those who would have us be angels, of those who would have us live our lives devoted to a future life not confined to the physical and the material.  To paraphrase the famous Midrash [5] … The angels want God to give them the Torah and not Moses.  According to the Midrash, God asks the angels, do you earn a living that you need a commandment not to steal, do you eat that you need commandments on being kosher… to which I would add: do you crap that you need to elevate the mundane and spend a moment every morning in contemplation of holy crap?

latrines of the essenes

 

 

 

 

 

 

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[1] see BT Berachot 60b

On entering a privy one should say: ‘Be honored, ye honored and holy ones (angels) that minister to the Most High. Give honor to the God of Israel. Wait for me till I enter and do my needs, and return to you’. Abaye said: A man should not speak thus, lest they (the angels) should leave him and go. What he should say is: ‘Preserve me, preserve me, help me, help me, support me, support me, till I have entered and come forth, for this is the way of human beings’.

הנכנס לבית הכסא אומר התכבדו מכובדים קדושים משרתי עליון תנו כבוד לאלהי ישראל הרפו ממני עד שאכנס ואעשה רצוני ואבא אליכם אמר אביי לא לימא אינש הכי דלמא שבקי ליה ואזלי אלא לימא שמרוני שמרוני עזרוני עזרוני סמכוני סמכוני המתינו לי המתינו לי עד שאכנס ואצא שכן דרכן של בני אדם  [ברכות ס ב]

Shulhan Arukh (Orach Chaim 3) Misha Brura (Chovetz Chaim) writes that this is a prayer to God that the angels who accompany a person should wait until he returns from the bathroom. We no longer say it since people are no longer presumed to be God fearing people who have angels accompanying them. The Sharay Teshuva writes that many authorities disagree and say one should say this.  (see note 1)

[2] Not surprisingly, on the previous folio of Talmud that establishes this blessing is a discussion which records rav Aha who takes the position (similar to the Christian Scientists) that people should not practice medicine and that healing should be left to God  שאין דרכן של בני אדם לרפאות אלא שנהגו to which Abbai responds:

Abaye said: A man should not speak thus, since it was taught in the school of R. Ishmael: [It is written], He shall cause him to be thoroughly healed. (Exodus 21: 19)  From this we learn that permission has been given to the physician to heal.

אמר אביי לא לימא אינש הכי דתני דבי רבי ישמעאל (שמות כא, יט) ורפא ירפא מכאן שניתנה רשות לרופא לרפאות

[3]

Mishneh Torah: Ahava: Tefilah and Birkat Kohanim – Chapter Seven Halacha 4

When one hears the crow of a rooster, he recites: Blessed are You, God, our Lord, King of the universe, who gives the rooster understanding to distinguish between day and night.

When he puts on his clothes, he recites: Blessed are You, God, our Lord, King of the universe, who clothes the naked.

When he puts his cloth on his head, he recites: Blessed are You, God, our Lord, King of the universe, who crowns Israel in glory.

When he passes his hands over his eyes, he recites: [Blessed…] who opens the eyes of the blind.

When he sits up in his bed, he recites: [Blessed…] who unties those bound.

When he lowers his feet from the bed and rests them on the ground, he recites: [Blessed…] who spreads the earth over the waters.

When he stands up, he recites: [Blessed…] who straightens the bowed.

When he washes his hands, he recites: [Blessed…] who has sanctified us with His commandments and commanded us regarding the washing of hands.

When he washes his face, he recites: Blessed are You, God, our Lord, King of the universe, who removes the bonds of sleep from my eyes and slumber from my eyelids. May it be Your will, God, my Lord and Lord of my fathers, that You accustom me to the performance of [Your] commandments and do not accustom me to sins or transgressions. Cause the positive inclination to rule over me and not the evil inclination. Strengthen me in Your commandments and grant my portion in Your Torah. Allow me to find favor, lovingkindness, and mercy in Your eyes and the eyes of all who see me and bestow upon me benevolent kindnesses. Blessed are You, God, who bestows benevolent kindnesses.

Halacha 5

Whenever one enters the toilet, before entering, he says:

Be honored, holy honorable ones, servants of the Most High. Help me. Help me. Guard me. Guard me. Wait for me until I enter and come out, as this is the way of humans.

After he comes out, he recites:

Blessed are You, God, our Lord, King of the universe, who formed man in wisdom and created within him many openings and cavities. It is revealed and known before the throne of Your glory that if one of them were to be blocked or if one of them were to be opened, it would be impossible to exist for even one moment. Blessed are You, God, who heals all flesh and works wonders.

Halacha 6

When one fastens his belt, he recites: [Blessed…universe,] who girds Israel with strength.

When he puts on his shoes, he recites: [Blessed…universe,] for You have provided me with all my needs.

When he walks to depart on his way, he recites: [Blessed… universe,] who prepares the steps of man.

[Also,] every day, a person should recite:

Blessed are You, God, our Lord, King of the universe, who has not made me a non-Jew.

Blessed are You, God, our Lord, King of the universe, who has not made me a woman.

Blessed are You, God, our Lord, King of the universe, who has not made me a servant.

Halacha 7

These eighteen blessings do not have a particular order. Rather, one recites each of them in response to the condition for which the blessing was instituted, at the appropriate time.

What is implied? One who fastens his belt while still in his bed recites [the blessing] “who girds Israel with strength.” One who hears the voice of the rooster recites [the blessing] “who gives understanding to the rooster.”

Any blessing in which one is not obligated should not be recited.

 

[4] see

An insight into Marx’s psychology may be garnered by examining his attitudes towards bodily functions. According to Weyl “his favorite expression in his correspondence with Engels is “shit”. In his attack on the Jewish editor of the Daily Telegraph Marx wrote that just as “all the lavatories of London spew their physical filth into the Thames” so too did all the “social filth” pour into the “central sewer called the Daily Telegraph.” He suggested that, as Levy was the presiding alchemist of this sewer system, he should have a plaque on his office building inscribed “Wayfarer, stop and piss”. In attacks on everyone, Marx would call them “that shit”. Even when he was tired of writing his own books, he would describe his work as “this shit”. When an infant daughter died, Marx wrote Engels that “this time the whole shit has affected me deeply”. After his death, Marx’s youngest daughter made a diligent effort to piece together scraps of information about her late father’s childhood in Trier. Although she “idolized her father and made up the most beautiful legends” there is a ring of truth to this vignette of his childhood:

“I have heard my aunts say that as little boy, he was a terrible tyrant to his sisters whom he would ‘drive’ down the Markusberg in Trier at full speed. And worse, he would insist on their eating the ‘cakes’ he made with dirty dough and dirtier hands. But they stood the ‘driving’ and the ‘cakes’ without a murmur for the sake of the stories Karl would tell them as a reward for their virtue.”

Two familiar Marxian characteristics emerge from this story. First, Marx’s passionate need to dominate others; and second, his almost obsessional preoccupation with dirt and excrement, or as he would put it in his correspondence with Engels, crap (“Dreck“) and shit (“Scheiss“).

[5] Devarim Rabba, Parasha 2, Section 37

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the next aliyah

parshat Hayei Sarah

In a previous post (Divine Birthers II) I continue to explore the child of God in the Hebrew tradition, but since I am currently in Israel and spending most of my time meeting with Israelis and traveling the land… a welcome opportunity to revisit the notion of the “people of the Land”….  עַם הָאָרֶץ

And Abraham bowed down before the people of the land. And he spoke unto Ephron in the hearing of the people of the land, saying: ‘But if thou wilt, I pray thee, hear me: I will give the price of the field; take it of me, and I will bury my dead there.’ (Genesis 23: 12-13)

וַיִּשְׁתַּחוּ, אַבְרָהָם, לִפְנֵי, עַם הָאָרֶץ

וַיְדַבֵּר אֶל-עֶפְרוֹן בְּאָזְנֵי עַם-הָאָרֶץ, לֵאמֹר, אַךְ אִם-אַתָּה לוּ, שְׁמָעֵנִי:  נָתַתִּי כֶּסֶף הַשָּׂדֶה, קַח מִמֶּנִּי, וְאֶקְבְּרָה אֶת-מֵתִי, שָׁמָּה

I had dinner with a long-time friend of my family; a card-carrying member of the Labour Party who at 95 has participated, one way or the other, in every war and served his country in the ministry of defense for many years.  When discussing the current difficult situation, he said with a twinkle in his eye… the Problem with the Jewish State is the Jews..  I had heard the comment before and it follows a long tradition of blaming the problems in the Holy Land on those who come before or after the blamer…..

In Abraham’s case, the “people of the land” are the Hittites who preceded the Hebrew in the land of Canaan.  Abraham wants to buy his first plot of land and the Hittites would prefer that he just visit and bury his wife on land that is charitably provided to him with limited recourse. Somehow, the concept of the People of the Land always means the people that immigrated to the land before me.  Somehow these previous immigrants are always a thorn in the butt and the source of problems inherited by those that follow.

Many years latter, in Talmudic times, the term Am Ha-Aretz” was used to refer to an ignorant Jew, but the source of this pejorative which became popular with the rise of the Pharisees and Rabbinic Judaism was actually with the return of the exiled Jews from Babylonia.  Writes Aharon Oppenheimer in his classic: The Am Ha-Aretz: A Study in the Social History of the Jewish People in the Hellenistic-Roman Period, 1997 (note to page83):

AmHaaretz

The Jews in Babylonia, led by Ezra and Nechemia had changed the face of Judaism.  When the first temple was standing, washing and purification before eating food was relegated to the priests and Levites and to eating temple sanctified food.  The returning Babylonian Jews had extended this requirement to every Jew and for all foodstuff.  Similarly tithing was continued by the Babylonian Jews, even though the priests, who benefited from such tithing, no longer had a Temple to work in.  The Jews who had remained in Israel, known as the Amei Ha-aretz had not gotten this memo and probably thought that the Babylonian Jews were living in denial… there was no longer any reason to ritually wash nor tithe.  Similarly, the Jews in Babylonia had come up with this idea of the resurrection of the dead and possibly other such elements of eschatology such as belief in the world-to-come and a messianic age…. here too the Am Ha’aretz did not get the memo.  The Am Ha’aretz, were for the Pharasees an annoying reminder that they had, in fact, re-invented Judaism… not rediscovered it.

In current parlance, Am ha’aretz (or AMHA) refers to a movement arising from the early pioneers in Israel and their love of the land. Members of AMHA in Israel tend to be in elite military units and kibbutzim and reflect the traditional values of the secular Israeli pioneers. The leaders of AMHA are called Shoftim, and are elected by the membership. AMHA has also spread to the USA in recent years, where the first Shofet outside of Israel now resides. (see: Wikipedia: Am ha’aretz).

There is a profound irony about this too holy land that brings immigrants based on their love and connection to it’s history but who at the same time deride and blame the achievements of the immigrants who preceded them… the am ha’aretz.

The late Arik Einstein and Uri Zohar, in a wonderful comic skit, portray the common social phenomenon where every immigrant group is disparaged by the group that precedes it and likewise disparages the one to follow.  The skit, which I am happy to provide below,  pokes fun at the deep cultural rifts in Israel till today.  It would have been equally entertaining and relevant to make a skit about how, only in the land of Israel, each subsequent immigration disparages and undermines the contributions of those who preceded it… the am ha’aretz.

Maybe for the rifts to heal, we need a new aliya… a new immigration where we all accept our immigrant status at the same time as accepting our being people of the land… maybe we all need to live more in the moment of aliya and less in the various strata of the land.  Maybe that’s the message of the current seventh Shemita/Sabbatical year where we need to separate from the land, in order to live in it.  Shemita Shalom.

Arik

 

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[1] For more recent scholarship on this subject see Daniel Boyarin , Border Lines: The Partition of Judaeo-Christianity p. 251 note 122

AmHaaretz boylerin

 

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the jewish cathedral

Shabbat Sukkot

There’s a story of two Hasidic rebbes sitting in a sukkah.  In answer to the question of “what’s your favorite mitzvah?”, one rebbe replied that the Sukkah was his favorite commandment, because when you sit in a sukkah, you are surrounded on all sides by the holiness of the commandment.  The other rebbe preferred the Sabbath.  “You can walk out of a sukkah, but you can’t walk out of the holiness of the Shabbat.” said he.

When hearing this story, I am reminded of Abraham Joshua Heschel ‘s insight that Shabbat is a “cathedral in time”.

The Sabbaths are our great cathedrals; and our Holy of Holies is a shrine that neither the Romans nor the Germans were able to burn, a shrine that even apostasy cannot easily obliterate: the Day of Atonement. According to the ancient rabbis, it is not the observance of the Day of Atonement, but the Day itself, the “essence of the Day,” which, with man’s repentance, atones for the sins of man.

Now what was the first holy object in the history of the world? … “And God blessed the seventh day and made it holy.” There is no reference in the record of creation to any object in space that would be endowed with the quality of holiness.  …. it seems as if to the Bible it is holiness in time, the Sabbath, which comes first.

But here’s my question… what was the response of the first rebbe?  Did he fold his hands and agree that the holiness of time trumps the holiness of things?  And what about our cathedrals, our homes, our homelands and our things… can their holiness transcend or at least engage the holiness of time?

It seems to me that while you can’t walk out of the Sabbath, it’s holiness cannot be sustained indefinitely…. When the stars come out, the sabbath is over.  You can walk out of the sukkah, but it embodies a holiness that can be sustained.. at least through the complete cycle of a week.

During Sukkot, we add a prayer: “May the All Merciful establish (raise) for us the fallen Sukkah of David”

הרחמן הוא יקים לנו את סוכת דוד הנופלת

The notion of the “fallen Sukkah” come from the prophet Amos (9:11)

In that day will I raise up the tabernacle of David that is fallen, and close up the breaches thereof, and I will raise up his ruins, and I will build it as in the days of old;

 בַּיּוֹם הַהוּא, אָקִים אֶת-סֻכַּת דָּוִיד הַנֹּפֶלֶת; וְגָדַרְתִּי אֶת-פִּרְצֵיהֶן, וַהֲרִסֹתָיו אָקִים, וּבְנִיתִיהָ, כִּימֵי עוֹלָם

And I wonder whether “the Sukkah that has fallen  סֻכַּת הַנֹּפֶלֶת is best translated as the tabernacle that has fallen, or whether it is the Fallingsukkah.  (compare Frank Loyd Wright’s Fallingwater).  It seems to me that David’s Fallingsukkah is always in flux and engaged in a permanent dialectic between continuity and renewal, sustainability and disruption.  The Jewish Cathedral is a temporary structure, which by definition, can never be permanently destroyed nor can it achieve the stasis of permanence.  The Fallingsukkah informs the way we relate with the world of the physical.  The Fallingsukkah and it’s notion of holiness of things, continues the discussion begun by the notion of the holiness of time that Heschel began.

Ultimately, it is the Fallingsukkah which represents to culmination of theJwish New Year’s penitential season.

From the first day of Ellul until the last day of Sukkot we read Psalm 27 every day.

One thing have I asked of the LORD, that will I seek after:
that I may dwell in the house of the LORD all the days of my life,
to behold the graciousness of the LORD, and to visit early in His temple.  or He concealeth me in His pavilion (lit. Sukkah) in the day of evil;
He hideth me in the covert of His tent; He lifteth me up upon a rock.

אַחַת, שָׁאַלְתִּי מֵאֵת-ה’–    אוֹתָהּ אֲבַקֵּשׁ
שִׁבְתִּי בְּבֵית-ה’,    כָּל-יְמֵי חַיַּי;
לַחֲזוֹת בְּנֹעַם-ה’,    וּלְבַקֵּר בְּהֵיכָלו

כִּי יִצְפְּנֵנִי, בְּסֻכֹּה–    בְּיוֹם רָעָה:
יַסְתִּרֵנִי, בְּסֵתֶר אָהֳלוֹ;    בְּצוּר, יְרוֹמְמֵנִי

It would seem that the choice of this Psalmֹ  of David addresses the tension between permanently dwelling in the house of God and being just a transient visitor, the dichotomy of taking refuge upon a rock or in a tent.

Fortunately, one day every sukkot, we get to enjoy both the wonder of the temple built in time and in space… Shabbat Sukkat Shalom

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judaism as a language

Ki Teitzei

It should come as no surprise that a significant number of jews do not observe, or even strive to observe all the commandments. The truth is, that this lack of homogeneous observance is not new.  There was probably never a period when the body of card carrying jews kept all the commandments.  And I’m not talking about minor commandments like putting on tephilin or wearing fringes.  I’m talking about the big ones, like the Sabbath and the Passover.

We know that when the book of Deuteronomy was “found” in the middle of the reign of King Josiah (ruled 640 – 608 BCE) the Passover was no longer observed.  2 Kings Chapter 23: 21-22

And the king commanded all the people, saying: ‘Keep the passover unto the LORD your God, as it is written in this book of the covenant.’
For there was not kept such a passover from the days of the judges that judged Israel, nor in all the days of the kings of Israel, nor of the kings of Judah;

We know that the Prophets castigated the Jews for not observing the Sabbath and the fact that in the early Rabbinic period the Rabbis would promise that that the Messiah will come if every Jew properly observes two consecutive Sabbaths.  [1] It would seem that strict Sabbath observance was a challenge not unique to the post Enlightment.

So there was always a significant portion of the Jewish people whose observance of the commandments was less than perfect.  What is more intriguing is the notion that it may never have been the intent or objective that the laws all be observed… all the time.

If one reads the Hebrew Bible it is full of crimes punishable by death, but the Talmud basically neuters the death penalty by suggesting that: “A Sanhedrin that puts a man to death once in seven years is called a murderous one. R. Eleazar ben Azariah says ‘Or even once in 70 years.” Mishneh Makkot 1:10

There are those who believe that the 49 year cycle Jubilee where loans were forgiven and property returned to its original owner… was purely utopian and never put into practice.  Could it be that not all of the laws and rituals in the Torah were actually meant to be kept or if kept… kept without exception.

Which brings us to the law of the rebellious son:

If a man have a stubborn and rebellious son, that will not hearken to the voice of his father, or the voice of his mother, and though they chasten him, will not hearken unto them;
then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;
and they shall say unto the elders of his city: ‘This our son is stubborn and rebellious, he doth not hearken to our voice; he is a glutton, and a drunkard.’

And all the men of his city shall stone him with stones, that he die; so shalt thou put away the evil from the midst of thee; and all Israel shall hear, and fear.  (Deuteronomy 21:18-21)

כִּי-יִהְיֶה לְאִישׁ, בֵּן סוֹרֵר וּמוֹרֶה–אֵינֶנּוּ שֹׁמֵעַ, בְּקוֹל אָבִיו וּבְקוֹל אִמּוֹ; וְיִסְּרוּ אֹתוֹ, וְלֹא יִשְׁמַע אֲלֵיהֶם

 וְתָפְשׂוּ בוֹ, אָבִיו וְאִמּוֹ; וְהוֹצִיאוּ אֹתוֹ אֶל-זִקְנֵי עִירוֹ, וְאֶל-שַׁעַר מְקֹמוֹ

 וְאָמְרוּ אֶל-זִקְנֵי עִירוֹ, בְּנֵנוּ זֶה סוֹרֵר וּמֹרֶה–אֵינֶנּוּ שֹׁמֵעַ, בְּקֹלֵנוּ; זוֹלֵל, וְסֹבֵא

וּרְגָמֻהוּ כָּל-אַנְשֵׁי עִירוֹ בָאֲבָנִים, וָמֵת, וּבִעַרְתָּ הָרָע, מִקִּרְבֶּךָ; וְכָל-יִשְׂרָאֵל, יִשְׁמְעוּ וְיִרָאוּ

Says the Talmud: “There never has been a ‘stubborn and rebellious son’, and never will be. Why then was the law written? That you may study it and receive reward.” Tosef. Sanh. 11:6 Babylonian Talmud Sanhedrin 71a).

Here we have an outright example of one of the so numbered 613 commandments which is a fiction and whose purpose is to create a learning moment.

It seems to me that the above examples, and many more that I could mention, give us a license to take off the legalistic glasses of Halacha and look at the statutes and rituals of the Torah in a different way.

The way that appeals most to me is that we look at the corpus of Jewish law and ritual more as a language than as an instruction manual.

As we say in the Sabbath morning prayers in the piut Ezrat Avotecha:

אשרי איש שישמע למצותיך

Happy is the person who can listen to your commandments.

It may not be the only way we wish to look at the corpus of Jewish Law, but certainly it is a lense worth looking through from time to time.  Judaism as a language.  For some it is a mother tongue, for others a second language.  For some it is their primary form of communication, for others, not so much.  It is a language that expresses certain emotions and ethical standards in a unique and powerful way. Some words lose their meaning, go out of fashion or become socially incorrect. Some words take on new meaning or have different meanings when used in different contexts or situations.  Some words are reinvented or take on a meaning diametrically different than their origin.  Judaism as a language is no less serious of an endeavor or subject of study or commitment, but besides its many other benefits, it does not have the same artificial line of demarcation between those who observe and those who don’t. The tent that holds those who listen and speak the language of the commandments is large.

When I was studying philosophy, back in the day, the philosophy of language was a primary area of interest.   Philosophers such as Noam Chomsky argued that the structure o language was built into our DNA.  Not everyone agrees with Chomsky’s linguistic philosophy and fewer still with his political views, but this son of Hebrew teachers understood that a language reflects the DNA of the speaker.  In that regard, Judaism as a language becomes an act of discovery of who we are and who we can be.

————-

[1] R. Johanan said in the name of R. Simeon b. Yohai: If Israel were to keep two Sabbaths according to the laws thereof, they would be redeemed immediately, for it is said, Thus saith the Lord of the eunuch that keep my Sabbaths,( Isa. LVI, 4.)  which is followed by, even them will I bring to my holy mountain, etc.(verse 7)  (Babylonian Talmud Shabbat 118b)

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sustainable kashrut

parshat re’eh

Recently Italian archeologists dug 50 meters down and discovered small pieces of copper. After studying these pieces for a long time, Italy announced that the ancient Romans had a nation-wide telephone system. The Greek government was not that easily impressed. They ordered their own archeologists to dig even deeper. 100 meters down they found small pieces of glass and they soon announced that the ancient Greeks already had a nation-wide fiber network. Israeli scientists, not to be outdone dug 200 meters down & found absolutely nothing. They happily concluded that the ancient Israelites had a cellular network.

I was reminded of this joke when reviewing the source of kosher meat in Deuteronomy 12:20-21:

When the LORD thy God shall enlarge thy border, as He hath promised thee, and thou shalt say: ‘I will eat flesh’, because thy soul desireth to eat flesh; thou mayest eat flesh, after all the desire of thy soul.
If the place which the LORD thy God shall choose to put His name there be too far from thee, then thou shalt kill of thy herd and of thy flock, which the LORD hath given thee, as I have commanded thee, and thou shalt eat within thy gates, after all the desire of thy soul.

 כִּי-יַרְחִיב ה’ אֱ-לֹהֶיךָ אֶת-גְּבֻלְךָ, כַּאֲשֶׁר דִּבֶּר-לָךְ, וְאָמַרְתָּ אֹכְלָה בָשָׂר, כִּי-תְאַוֶּה נַפְשְׁךָ לֶאֱכֹל בָּשָׂר–בְּכָל-אַוַּת נַפְשְׁךָ, תֹּאכַל בָּשָׂר

 כִּי-יִרְחַק מִמְּךָ הַמָּקוֹם, אֲשֶׁר יִבְחַר ה’ אֱ-לֹהֶיךָ לָשׂוּם שְׁמוֹ שָׁם, וְזָבַחְתָּ מִבְּקָרְךָ וּמִצֹּאנְךָ אֲשֶׁר נָתַן ה’ לְךָ, כַּאֲשֶׁר צִוִּיתִךָ–וְאָכַלְתָּ, בִּשְׁעָרֶיךָ, בְּכֹל, אַוַּת נַפְשֶׁךָ

Comments Rashi:

you may slaughter… as I have commanded you: We learn [from here] that there is a commandment regarding slaughtering, how one must slaughter. [Since this commandment is not written in the Torah we deduce that] these are the laws of ritual slaughtering given orally to Moses on [Mount] Sinai. — [Sifrei ; Chullin. 28a [1] ]

וזבחת וגו’ כאשר צויתך למדנו שיש צווי בזביחה היאך ישחוט, והן הלכות שחיטה שנאמרו למשה בסיני

This is how The Stone Artscroll Chumash translates Rashi:

As I have commanded you. “Since we find no explicit teaching in the Torah regarding kosher slaughter, this verse alludes to the existence of the Oral Law that was communicated to Moses at Sinai.  Obviously, therefore, God must have taught Moses at Sinai laws that are not in the Written Torah (Rashi)”

I will explore in a future blog the concept of a “Law given to Moses at Sinai”, but for now I marvel at the honesty of our texts and commentators.  It is clear that all the laws of ritual slaughter are nowhere mentioned in the Torah or in Biblical law.  Saying that the details were given to Moses is an elegant way of saying that the details were left to us, the people to figure out.  Most probably, the traditional practices used by the people and in the Temple were codified into law for consumer meat. At the time, they were undoubtedly cutting edge…..

The Sifrei that Rashi quotes goes further. The category of meat broached here in Deuteronomy (circa 8 – 6th century BC) is meat, not eaten in the temple for the purposes of sacrifice, but  ordinary meat for consumption  בָשָׂר תְאַוֶּה    (literally: “Meat of desire”).

As Dayan Dr, I Grunfeld writes in The Jewish Dietary Laws (pp52-53)

“Through permission was given man to take animal life for human food it was only done by a process of very gradual education and adapation.  According to Rabbi Ishmael (and most authorities agree with him cf. Babylonian Talmud Hullin 16b, 17 [2]) the killing of oxen, sheep or goats for ordinary meat consumption – Basar Ta’avah – was forbidden during the whole period of Israel’s sojourn in the wilderness, unless they had been consecrated as peace offerings – Shelamim…”

Dayan Grunfeld - concession

(see Hulin 84a and Samson Raphael Hirsch Deut. 12:20)

What IS written in the Torah and what does come out clearly in the texts is an ambivalence if not distaste to the consumption of meat and the slaughter of animals.

The Talmud remarks: “The Torah here teaches a rule of conduct that a person should not eat meat unless he has a special appetite for it” (Hullin 84a [3])

One of the seven commandments traditionally given to Noah and therefore for all of mankind is the prohibition of eating a limb torn off of a living animal (Ever Min HaChai אֵבָר מִן הֶחָי) as it is written (Genesis 9; 3-4)

Every moving thing that liveth shall be for food for you; as the green herb have I given you all.
Only flesh with the life thereof, which is the blood thereof, shall ye not eat.

כָּל-רֶמֶשׂ אֲשֶׁר הוּא-חַי, לָכֶם ה’ לְאָכְלָה:  כְּיֶרֶק עֵשֶׂב, נָתַתִּי לָכֶם אֶת-כֹּל

אַךְ-בָּשָׂר, בְּנַפְשׁוֹ דָמוֹ לֹא תֹאכֵלוּ

Says Rashi:

shall be yours to eat: (Sanhedrin 59b) For I did not permit the first man [Adam] to eat meat, but only vegetation but for you (mankind after Noah), just as the green vegetation which I permitted for the first man, I have given you everything.

לכם יהיה לאכלה  שלא הרשיתי לאדם הראשון לאכול בשר אלא ירק עשב, ולכם כירק עשב שהפקרתי לאדם הראשון, נתתי לכם את כל

flesh with its soul: He prohibited them [to eat] a limb [cut off from] a living creature; i.e., as long as its soul is in it, you shall not eat the flesh. — [from Sanh. ad loc.] [i.e., if the limb is cut from the animal while it is alive, it is forbidden to be eaten even after the animal expires.]

בשר בנפשו  אסר להם אבר מן החי, כלומר כל זמן שנפשו בו לא תאכלו הבשר

It was only after Noah, allegedly saved all the animals in the Ark, that man was given the right to slaughter the animals that he saved…

What’s our take away from the clear biblical bias towards vegetarianism, aversion for animal slaughter and prohibition against unnecessary suffering of animals (Tza’ar Ba’alei Hayim).  What is our take away from the fact that the Torah leaves the details up to us?

My take away is that what is extraordinary about Jewish Law is that it not only exhibits a profound concern for animal suffering, but creates a link between that concern and the permission to eat animals.  The laws of Kashrut are, to my knowledge, the first legislation that links ethics with consumption.  If it’s not kosher, you can’t consume it.

This past week Nestlé announced animal welfare standards that will affect 7,300 of its suppliers around the globe, and their suppliers… [5] which is unprecedented accept for the fact that Jewish law has been sanctioning such certification and labeling for over two thousand years.

Does this mean that we should be satisfied with the current state of Kashrut or rest on our laurels?  Hardly… what I would love would be to have Rabbis (and here is a grand opportunity for non-orthodox Rabbis) to have the courage to review more humane methods of slaughter than those of traditional shechita.. such as stunning the animal.  We should accept any technology that minimizes the suffering of animals… (initially in conjunction with the traditional method of shechita, but eventually, whether it includes a traditional knife or not…).. this is in accordance with the spirit of “as I have commanded thee”  ַּאֲשֶׁר צִוִּיתִךָ   this open ended admonition, that we supply the details.

Other areas where Kashrut has an opportunity to live up to it’s first-mover advantage is in the area of fair labor laws and sustainable farming and herding practices.

Following the raiding by Federal Agents of the Agriprocessors kosher food plant, the Conservative Movement’s Hekhsher Tzedek Commission Announced the Creation of Magen Tzedek and Orthodoxy suggested a Yashrut standard… I’m not sure what has become of either of these initiatives.  It seems to me that the biggest barrier to increasing the social component of Kashrut is cost… Kosher meat is already prohibitively priced. This does not have to be the case.  Grow and Behold Foods brings delicious OU Glatt Kosher pastured meats raised on small family farms. They adhere to the strictest standards of kashrut, animal welfare, worker treatment, and sustainable agriculture.

There’s something special about a Kosher Home.  Those of us who grew up in one and continue this tradition know how it, along with Friday night Shabbat dinners profoundly impacts our life, family and the continuation of the best in Jewish tradition.  We need to continue to explore ways to reinvent the kosher paradigm to permit it to continue to serve our people and the world at large.  Kashrut might well be an invisible cellular network that connects us with our past and with a growing commitment by our youth to social responsibility and sustainable living.

———————

[1]

Rabbi says. The verse: And thou shalt slaughter . . . as I have commanded thee, teaches us that Moses was instructed concerning the gullet and the windpipe; concerning the greater part of one of these organs [that must be cut] in the case of a bird, and the greater part of each in the case of cattle.

[2]

AT ALL TIMES ONE MAY SLAUGHTER. Who is the Tanna who holds this view? Rabbah replied: It is R. Ishmael. For it has been taught: [It is written] When the Lord thy God shall enlarge thy border, as He hath promised thee, and thou shalt say: ‘I will eat flesh’ . . . (Deut. 12, 20) This verse, says R. Ishmael, is stated specially in order to permit the Israelites to eat flesh at will.( Lit., ‘of desire’. I.e., on entering the Holy Land the Israelites would be permitted to slaughter animals at will and eat the flesh without having recourse to sacrifices.) For in the beginning they were forbidden to eat flesh at will, (When the Israelites were in the wilderness they were not permitted to slaughter and eat flesh at will. The animal had first to be offered up as a sacrifice, v. Lev. XVII, 3 and 4.) but on entering the land of Israel they were permitted. But, now they are exiled, it might be said that they should revert to the former restriction; the Mishnah therefore teaches us: AT ALL TIMES ONE MAY SLAUGHTER. Babylonian Talmud Hullin 16b

[3]

Our Rabbis taught: When the Lord thy God shall enlarge thy border, as He hath promised thee, and thou shalt say: I will eat flesh. The Torah here teaches a rule of conduct, that a person should not eat meat unless he has a special appetite for it. I might think that this means that a person should buy [meat] in the market and eat it, the text therefore states: Then thou shalt kill of thy herd and of thy flock. I might then think that this means that he should kill all his herd and eat and all his flock and eat, the text therefore states: ‘Of thy herd’, and not all thy herd; ‘of thy flock’ and not all thy flock. Hence R. Eleazar b. ‘Azariah said: A man who has a maneh may buy for his stew a litra of vegetables; if he has ten maneh he may buy for his stew a litra of fish; if he has fifty maneh he may buy for his stew a litra of meat; if he has a hundred maneh he may have a pot set on for him every day. And [how often for] the others? From Sabbath eve to Sabbath eve.

Of a more contemporary nature… according to the findings of a Weizmann Institute of Science research team headed by Prof. Ron Milo — in collaboration with Israeli ex-pat Prof. Gidon Eshel from Bard College in New York — beef is measurably the most environmentally draining livestock on the market. ( see )

[4]

Maimonides. Guide for the Perpexed III, 26

Thus killing animals for the purpose of obtaining good food is certainly useful, as we intend to show (below, ch. xlviii.); that, however, the killing should not be performed by neḥirah (poleaxing – hitting the animal), but by sheḥitah (cutting the neck), and by dividing the œsophagus and the windpipe in a certain place; these regulations and the like are nothing but tests for man’s obedience. In this sense you will understand the example quoted by our Sages [that there is no difference] between killing the animal by cutting its neck in front and cutting it in the back. I give this instance only because it has been mentioned by our Sages; but in reality [there is some reason for these regulations]. For as it has become necessary to eat the flesh of animals, it was intended by the above regulations to ensure an easy death and to effect it by suitable means; whilst decapitation requires a sword or a similar instrument, the sheḥitah can be performed with any instrument; and in order to ensure an easy death our Sages insisted that the knife should be well sharpened.

[5]

“In the digital world, everyone has a smartphone and they want to know where things come from and share that information,” said Kevin Petrie, chief procurement officer for Nestlé in North America. “Is it good for me? Is the quality good? Has it been responsibly sourced?” The new policy, he said, was another step in Nestlé’s efforts to address risks in its supply chains like child labor and palm oil, the production of which is damaging to forests. Consumers today know far more about how components in their food are made — and they are far more willing to share that knowledge to stir up a fuss on social media, he said.

Before Social Media, Judaism had a complete oversight of the supply chain from farm to table… (ed)

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