Introduced in this sidra, and threaded through the rest of the biblical text is a commandment so contemporary and relevant it is as if we can still hear the air vibrate with the divine voice. Here in parashat Mishpatim we are reminded not once, but twice, not to oppress or wrong the stranger:
וְגֵ֥ר לֹֽא־תוֹנֶ֖ה וְלֹ֣א תִלְחָצֶ֑נּוּ כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם: כא כָּל־אַלְמָנָ֥ה וְיָת֖וֹם לֹ֥א תְעַנּֽוּן: כב אִם־עַנֵּ֥ה תְעַנֶּ֖ה אֹת֑וֹ כִּ֣י אִם־צָעֹ֤ק יִצְעַק֙ אֵלַ֔י שָׁמֹ֥עַ אֶשְׁמַ֖ע צַֽעֲקָתֽוֹ:
“And a stranger you will not wrong, neither shall you oppress them; for you were strangers in the land of Egypt. You shall not afflict any widow, or fatherless child.If you afflict them in any way–for if they cry at all to Me, I will surely hear their cry” (Exodus 22:20-22)
וְגֵ֖ר לֹ֣א תִלְחָ֑ץ וְאַתֶּ֗ם יְדַעְתֶּם֙ אֶת־נֶ֣פֶשׁ הַגֵּ֔ר כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם:
“And a stranger you shall not oppress; for you know the heart of a stranger, seeing that you were strangers in the land of Egypt. (23:9)
This commandment is the subject of much commentary – not least the number of times it appears in the biblical text.
In the Babylonian Talmud we are told:
“It has been taught: Rabbi Eliezer the Great said: Why did the Torah warn against [wrongdoing] the proselyte in thirty-six, or as others say, in forty-six, places? Because he has a strong inclination to evil. What is the meaning of the verse, You shall neither wrong a stranger, nor oppress him; for you were strangers in the land of Egypt?
It has been taught: Rabbi Nathan said: Do not taunt your neighbour with the blemish you yourself have (Babylonian Talmud, Baba Metzia 59b)
Thirty six or forty six repetitions of the warning against wronging a stranger – it is an extraordinary marker of something the biblical tradition holds dear – and a reminder of course that wronging strangers must be something easy to do in any society or the bible and later traditions would not feel the need to hammer home the point.
The reasons given in bible are generally either that having been oppressed ourselves we should take care not to put others into that position because we know the pain of it (remember that you were slaves in Egypt), or that God cares in particular for the vulnerable – and the stranger is repeatedly part of a list that includes the widowed and the orphaned, those with no family or economic security to support them. And both of these are powerful aspirations – that we, who know the pain of being an outsider should not make others outsiders, and that our society must be structured to ensure that the most vulnerable are protected and supported, that we should not expect God to do what is our obligation. We see ourselves as doing God’s work when we treat other human beings with dignity and respect, seeing God in them as our shared Creator, and it is telling that there is no blessing formula for our doing this kind of holy work – no beracha thanking God for the commandment, it is meant to be so ingrained in us that it has shaped our very identity.
Post biblical commentators explain this imperative to not wrong a stranger, to care for the vulnerable who are living amongst us, in a number of ways commensurate with their own context. Rabbi Eliezer ben Hurcanus, living in oppressive times under Roman rule while the second temple was destroyed and society was fractured and fractious, was concerned that should we treat the strangers amongst us badly they would turn on us and damage us – hence the “strong inclination to evil”. For Rabbi Nathan of Babylon, who live a generation or so later, the issue was more that the Jewish people were likely to see in strangers things they recognised – and disliked – in themselves and would therefore externalise and reject their own attributes.
Rashi in eleventh century France, seeing the early crusaders sweep through in order the cleanse their society of others, suggests to us that the verse “for you were strangers” is there to remind us that if we hurt the strangers living amongst us they may also denounce and hurt us by reminding ourselves and others that we too are descended from strangers – a “blemish” we share with more modern immigrants by being foreign in the land we are living in.
And the Ramban (Nachmanides) who lived in 13th century Spain, a gentle character most of whose life was untroubled by political upheaval – at least until the disputation of Barcelona when he was already in his seventies – focuses differently on this commandment, saying “Do not oppress the stranger because you think he has no one to defend him; remember how Pharaoh learned that God defends the stranger. God is the shield of the oppressed, the one who sees the tears of those who have no one else to give them comfort. God will save every person from the hands of those stronger than he. God will always hear the cries of the widow and the orphan, the pleas of those who have no one upon whom to rely except their Father in Heaven”
Each of us reads bible in the context of our own experiences, but each of us must take note that there is a particular obligation on us to care for the vulnerable amongst us, be they our own people who have fallen on hard times and who need our support (the widowed and the orphaned) or be they strangers who have come to live alongside us in the land: (The ger). We may tell ourselves different narratives about this obligation, but we must honour it in action. We might remember that Abraham was an Ivri – from across the river – who introduced himself to the people of Het as a resident alien among them, we might see the pain of Moses who called one of his sons Gershon (ger-sham) because he was a stranger among the people he was living with and found it most painful when he had a child away from his own people. We might recognise that we are like the stranger, even if we are settled and they are not. We might recognise the spark of the divine in every human being. We might respond to the ethics of caring for the vulnerable, the orphan, widow and foreigner, or feel the gaze of God on us asking us to do what we know to be the right thing
We might notice that each of these are somehow cut off from their roots, less supported by family than the rest of us, with less available family around them for whatever reason. Indeed Ibn Ezra, himself forced to leave Spain and wander for much of his later life when the incoming Almohad regime began to persecute the Jews, commented on our verse that “The reason for the prohibition ‘You shall not wrong a stranger’ (Exodus 22:20)…is that he has no family roots”
All of which is to say that the normal human desire to create a group of like-people around oneself, to isolate oneself from strangers and to ignore them, to build a society which excludes them, is known to bible and is firmly disapproved of. Time and again we are warned, reminded, instructed – care for the vulnerable, in particular those who need help, in particular those without a structure to support them, in particular the widow, orphan and foreigner who are trying to survive right by you.
So it is possibly not surprising when one reads that most of Europe is doing all it can to keep the great wave of migration away, to turn its back on the frightened, the poor, the victims of warring groups, the homeless, the desperate. Not surprising, but not acceptable either. And when Israel, a land created by Jews whose historical narrative has been the despised outsider since the fall of the second temple – when Israel behaves without the Derech Eretz, without the ethical and judicial imperatives to look after strangers, it is time for Jews all over the world to step up and remind our people of the most common commandment in Bible, and the obligation to obey it.
Israel was one of the first signatories of the UN convention on Refugees in 1951 and committed herself to making the asylum process and painfree and humane as possible.
Today there are about thirty eight thousand Africans seeking refuge in Israel, who have come mainly from the war torn areas of Sudan and Eritrea. They live mainly in South Tel Aviv. About five thousand children are in this group, and about seven thousand women. The conditions are not good, they are crowded and the local population is also economically and socially vulnerable. The situation has been allowed to spiral so that competition between the different populations means that there is less work, higher rents, little sense of community and enormous pressure on all the people.
Because of a Supreme Court judgment that Israel, which recognises it cannot send the people back to certain danger, can instead send them to a ‘neutral’ third country (understood to be Rwanda or possibly Uganda), the pressure to deport the refugees with their ‘consent’ is growing with a financial incentive to get them to leave or the threat of jail if they refuse.
Asylum applications are complicated and often the paperwork gets lost in the system, so of the approximately fourteen thousand applications filed, only eleven Sudanese and Eritrean refugees have been accepted, with about six thousand refused and the rest lost in the system.
Israel takes pride in being a Jewish state, which means it should be based on Jewish values. The present government is simply ignoring these values. But the Jewish people are not ignoring these values and many groups are doing their best to change the policy of Government to better align with the most frequent exhortation in bible – love your neighbour as yourself, care for the vulnerable, treat the stranger with the same law as the home born – however you frame it, wherever you delve into the biblical text, this is our core religious activity.
Jews outside of Israel are protesting to the Government in many ways. Haaretz just reported https://www.haaretz.com/us-news/protests-against-israel-s-deportation-plan-gather-worldwide-1.5804320 After thousands of demonstrators gathered in front of the Rwandan embassy in Herzliya to protest the deportation of asylum seekers from Israel to the African country, thousands more joined them in protest outside Rwandan missions around the world in over a dozen cities….Michael Sfard, a Tel Aviv–based human rights lawyer who represents victims of civil rights violations, told the crowd he is ashamed that his own government “does not live up to the lessons that should have been learned from our own history, from our own collective biography.”
Rabbis for Human Rights are educating and among the activists – see http://rhr.org.il/eng/2018/02/parashat-mishpatim-gerim-midst/
Rabbi Susan Silverman is leading a call to hide asylum seekers facing forced deportation, http://www.huffingtonpost.co.uk/entry/rabbis-pledge-to-protect-african-asylum-seekers-facing-deportation-from-israel_us_5a60f743e4b05085db6096a3
Other Jewish and Israeli human rights organisations are focussing on helping – such as
The Hotline for Migrants and Refugees http://hotline.org.il/en/main/ protects the rights of refugees, migrant workers and victims of human trafficking
CIMI https://www.cimi.org.il/ the Centre for International Migration and Integration, has been leading a campaign to adopt and advocate young people who first arrived in Israel as unaccompanied minors, among other work to help integrate migrants.
The Anne Frank Home Sanctuary Movement (Miklat Israel), is an initiative to hide asylum seekers slated for deportation in private homes. Rabbis and holocaust survivors are among the people providing such sanctuary
עוצרים את הגירוש a grassroots effort to stop the impending deportations through disseminating information, protests, and social media campaigns.
http://www.asylumseekers.org/ Right Now! Advocates for for Asylum Seekers in Israel and is running an advocacy campaign abroad.
“You shall not turn over a slave who seeks refuge with you. He shall live with you in any place he may choose, within one of your gates. You must not mistreat him” – Deuteronomy 23:16-17.
Let me finish with a text from Sefer haChinuch, an anthology of the mitzvot from 13th century Spain:
“It is for us to learn from this precious commandment to take pity on any man who is in a town or city that is not his native ground and site of the family of his fathers. Let us not maltreat him in any way, finding him alone, with those who would aid him quite far from him – just as we see that the Torah adjures us to have compassion on anyone who needs help. With these qualities we will merit to be treated with compassion by the Eternal God Be He blessed”
photo taken from internet Jewish Chronicle page reporting the story Students and teachers protest against the deportation of African asylum seekers, Tel Aviv, January 24, 2018 Photo: Flash 90