following the majority for wrongdoing – plus ca change…

The bible says “don’t side with the majority to do wrong”

The chapters following the giving of the Ten Commandments at  Sinai are filled with a variety of do’s and don’ts covering debt slavery, treatment of servants, murder, manslaughter, legal compensations etc. and after the injunction against repeating false rumours and being a malicious witness to protect the guilty, comes this statement– “don’t follow the majority for evil”. As a verse it has an interesting life. Talmud uses it to infer the principle of majority in decision making “Do follow the majority for good”, from which comes the idea of majority verdicts in legal trials.

But Rashi argues differently, reading within the textual context he argues that it really means that if one sees many people perverting justice, you shouldn’t just blindly follow them, even if they are the majority actors.

In the febrile atmosphere of Tory elections, Brexit, unbalanced relationships with other countries etc, we have seen the limitations of following a majority decision thoughtlessly, and seen that this can be not just wrong but devastating to our well-being. Friendships have strained beyond repair, family relationships grown tense; trust in our political leadership is low and hostility has grown where we believed there was acceptance of the other in our society.

Bible already knows of fake news: “Shema Shav”, it knows about defending the guilty with malicious testimony, deflection, or supporting them publicly and daring others to continue their quest for honesty or justice. It know that a crowd isn’t always right, that it’s easy to be swept along with the prevailing opinions or find one’s critical voice silenced. Don’t follow the majority to do wrong, don’t side with the largest group simply because they’re larger and louder if their values are not good and their behaviour inappropriate or worse. The bible knows, and shouts out its warning.

Kedoshim Tihyu: Holiness lies in the interconnected world, in our relationships and our responsibilities

Parashat Kedoshim takes its name from the phrase it begins with: “Kedoshim tihyu, ki Kadosh Ani Adonai Eloheichem” – You will be Kadosh, as I the Eternal your God Am Kadosh.  (Leviticus 19:2)

The root K.D.Sh appears 152 times in the Book of Leviticus, and while usually translated as “separate/distinct” or “holy”, it has a richer and more complex life within Jewish thought than to be boundaried in such a way. It is difficult to fully explicate this word, in part because Kedushah is an attribute of the essence of God, and something we human beings are to pursue in our behaviour and being, the result of such pursuit is attachment to the Divine, understood in mystical tradition as the ultimate goal of all our spiritual strivings.

The 16th century kabbalist Rabbi Eliyahu deVidas explains in his mystical and meditative work (Reishit Chochma) that fleeing evil and doing good creates within us the ability to receive holiness from God. Holiness is a Divine response to our actions, and inhabits and shapes our soul, creating the possibility for communion with God.

Holiness exists in two different frameworks in bible: one is the sanctity of the priesthood and temple rituals which is the focus of much of this book of Leviticus; the second is the sanctity of peoplehood, of the whole community, as is underscored with the first verse of this sidra – “Speak to the whole Israelite community and say to them: You (voi) shall be holy, for I, YHVH your God, am holy (Lev. 19:2).”. It is this second framework that speaks to us. Holiness is an aspiration for a community much more than a state for priest and temple. The focus moves a little away from the ritual rooted in the sacrificial system and more towards the ethical rooted in community living.

Avoiding evil and doing good seems to the main thrust of much of what is contained in the apex of the holiness school of guidance, found in Leviticus chapter 19.(Full holiness Code found Leviticus 17-26) According to Sefer haChinuch, there are 13 positive and 38 negative mitzvot in sidra kedoshim, guiding us towards doing good things, and away from improper behaviour.

We are used to categorising these mitzvot (commandments) in Kedoshim as either Ritual ones or Ethical ones, but there is another way to see these imperatives that does not divide them into different and separate types, but functioning instead together, as part of a whole and complex system.

The commandments that guide us towards holiness can be understood as being ecological in structure –together they are a description of the web of relationships that unite the people, the land, the environment including both flora and fauna, and God.  Together they both set the balance that allows each component to flourish, each constituent to be in harmonious relationship.

There are curious parallels that signal the interconnectedness if one looks – for example the law of pe’ah forbids us to cut the edges of the land (19:9) and the edges of the human head and beard (19:27). People and land are treated in the same way, albeit for different motivations.

The section of bible known to us as “holiness code” (Leviticus 17-26) can be understood as a coherent and unified corpus, which aims to bring together –  through varied and diverse subject matter, terminology and historical perspective – the connection of people and land. Specifically here people and land which each have a distinct relationship with God. The people are to aspire towards ideal behaviour; the land is to embody the sacred.  Each generation is to learn and understand the principles that underlie this text, to draw out and fulfil those principles in their own time and their own context. The texts play with time. This is the generation of the desert being told how to behave in the land they have settled. We are simultaneously at Sinai shortly after the exodus from Egypt, in the desert as a travelling and unrooted people, and in the Land of Israel as the people who are responsible for the welfare of both land and society.

The effect of these time distortions within the text is to reinforce the timelessness of the message and of those to whom the message is addressed – to remind us that each generation of the people Israel is to understand that we too are part of the web of relationship. Just as the Pesach Haggadah reminds us that each of us is to consider ourselves part of the generation that was freed from Egyptian slavery, so here we are reminded that the relationship between people, land and God is one we are firmly held within.

This year the message of the ecology, the web of the relationships and the connections between plants, animals, people, and the environment, has never been so powerful to me, and the balances and imbalances between these relationships cry out for our attention.

We are living in a time of climate change happening with unprecedented speed. Everything is being affected and generally not for the good of the world. Be it the insect populations diminishing or disappearing due to insecticides, or else the changes in weather which have disrupted their breeding; or the crops blighted by drought or to-heavy rains; be it the animals whose habitats are changing around them, leaving them ill equipped to survive, or the people who face tsunami or cyclones, or drought or blistering heat – we are once again forced to pay attention to the interdependability of our world, and to note how our behaviour is unbalancing not only our own context but the future world of our children.

When one reads this section of Leviticus not to tease out the ritual or ethical behaviours we feel ourselves commanded to follow, but to become more fully conscious of what it means to hear the imperative to holiness that we must pursue in order to come closer to God, it is impossible to ignore how the impetus to Kedushah is situated within the web of relationships between people, animals and land. The book of Genesis (2:15) tells us we have a responsibility to steward the land, to keep it in good order and fully functioning, we have to work it responsibly and mindfully. The book of Deuteronomy reminds us that should we not care properly for the land and for the people we will be expelled from living in the land, reminds us too that God is watching how people treat the land that is so special to God (Deut 11:12) And all the books of bible repeatedly remind us that we are not inheritors of this world by right, but that we are privileged to live here and have a role we must play, relationships we must nurture, transmission we must be part of. How we live our lives matters not just to us or our close family or generation, how we live our lives is part of the ecology of the world and how it will thrive – or not

Imitatio Dei, the imitation of the attributes of God, holds a central place in Jewish thinking, right from the creation of people b’tzelem Elohim – in the image of God. We cannot absorb God nor become God, we cannot understand or encompass God, but we still have the obligation to come closer to Kedushah. The Talmud phrases it best, I think, like this:  “Rabbi Hama the son of Rabbi Hanina said: (Deuteronomy 13:5) “After God you shall walk.” And is it possible for a person to walk after the Presence of God? And doesn’t it already say (Deuteronomy 4:24) “Because God is a consuming flame”? Rather, [it means] to walk after the characteristics of God. Just as God clothed the naked [in the case of Adam and Chava]… so, too, should you clothe the naked. Just as the Holy One Blessed be God visited the sick [in the case of Avraham after his brit milah]…so, too, should you visit the sick. Just as the Holy One Blessed be God comforted the mourners [in the case of Yitzhak after Avraham’s passing]…so, too, should you comfort the mourners. Just as the Holy One Blessed be God buried the dead [in the case of Moshe]…so, too, should you bury the dead” (Sotah 14a:3-4)

It is a lovely description of how to imitate God to make the world a better place. But as our liturgy reminds us three times a day in the Aleinu prayer, it is our duty “letaken olam b’malchut Shaddai” To repair and maintain the world with the sovereignty of God. This is bigger than the cases suggested by Rav Hama – for the sovereignty of God is more than the relationships between people, important as they are. Instead I think the phrase is referring to the Kedushah we find in the Holiness Section of Leviticus – we must maintain and repair the relationships not simply bein Adam v’Chavero (between people) but bein Adam v’Olam – between people and the living beings – animal and vegetable – on this earth.

How we treat the earth – the rainforests with its trees often logged mercilessly and the environment of the animals who live there decimated and unsustainable; the rivers we clog with chemicals or detritus, the seas filled with plastic and becoming toxic to so many who swim in them, be they small turtles or huge orcas; the air in cities that are filled with pollutants, the fields we drench with fertilizers or insecticides, the animals and birds we so carelessly damage, the environment we so thoughtlessly injure, the casual littering and the mindless consumption of limited resources – all of this is in direct contradiction to what we are told about Kedushah, the holiness we should be striving to attain.

In London this week a 16 year old Swedish girl, Greta Thunberg, came to speak to Parliament and also to the many protestors of Climate Change who brought our cities to a standstill as they sought to persuade the government, by non-violent action, to reduce the UK’s carbon emissions to zero. The group “Extinction Rebellion” which has a Jewish section also held a Seder outside the Parliament buildings, linking the traditional ten plagues to the many threats to the earth if greenhouse gas emissions are not massively reduced, and global warming brought below two degrees.  They linked too to the damage to seas and air and land we are increasingly seeing happen. (The group is also protesting in Milan, Rome and Torino and in other countries too).

Reactions were mixed to the protests – in part because of the inconvenience caused to daily living, in part to vested interests, in part to political games-playing. But what became clearer to me was not just the science the protesters were drawing our attention to, but the religious values we have been ignoring for so long.

For when we categorise mitzvot into ethical or ritual, meaningful or opaque, spiritual or mundane, we mask over something else – the inter-relatedness of our world, which the mitzvot are designed to help  us to understand if only we would pay attention, the web of relationships between us and our environment, between animals and plants and humans and land and God.

When God tells the people that we must strive for Kedushah, an essential attribute of the divine, we often put this into the domain of the heavens, and forget that we live on the earth. We forget that the web of relationships is planet wide, that it involves trees and plants and soil and animals and insects….   Holiness demands from us the awareness of these relationships, and a response that values them.  “Le’taken olam b’malchut Shaddai” – to maintain and repair the world with divine ruling” – that is out task, and it is not in the heavens or far from us, but in our everyday interactions with the created world.

(sermon given 2019)

 

 

Rescuing the children of the shoah, one small community at a time

Shortly before Kristallnacht, Ossie Stroud, son of the first rabbi of Bradford Synagogue, and wealthy mill owner, called together the Reform and Orthodox communities telling them in no uncertain terms, they must provide refuge for Jews from Germany.  “We must put aside our differences and act as one community”. Money was raised; a building bought, furnishings collected, and 26 Kindertransport boys between 12 and 14 arrived at the hostel in December 1938, along with their houseparents. The community continued to look after the “boys” for many years – for of course the temporary refuge turned permanent as it became clear that the families left behind had been murdered, and they were alone in the world.

It was a remarkable story, repeated in communities across England. Ossie organised, pleaded, berated, collected small amounts of money from people with little to give, larger amounts from others. Jews and non-Jews joined the endeavour, helping in whichever way they could. The project was a mundane miracle.

I grew up knowing many of the “boys” and their story. The community absorbed them and in turn they invigorated the community. They were rescued because they were children in danger in their homelands, before anyone understood the enormity of what would become the Shoah,.

I learned about religion in action and what people could do if they worked together.

As we mark the 80th anniversaries of Kristallnacht and Kindertransport, the lesson has never been more important.

Alf Dubs was a Kindertransport child determined that today’s child refugees should have the same opportunity to grow up in safety that he was given. Supported by the charity “Citizens UK”, Lord Dubs has launched the “Our Turn” campaign, calling on Government to resettle 10,000 child refugees over ten years, the same number Kindertransport brought in ten months. Helping 10,000 children over 10 years would mean each local authority taking in an extra 3 children a year.

The Kindertransport was a private initiative, using no public funds – indeed posting bonds of £50 for each child. Faith groups, communities and individuals made it possible, because they decided they had a responsibility to assist children facing persecution across Europe. The Bradford initiative was repeated across the UK. Today, in camps across Europe, vulnerable children require safe passage. To honour those who helped our community, we must pass on the lesson, and give security to other vulnerable children.

To know more about the Bradford hostel https://www.youtube.com/watch?v=mVOLq_OZi7Q

 

written for London Jewish News page November 2018

Parashat Noach: when we don’t confront catastrophe we enable it; or -we have to stop taking the world for granted if we want it to survive

The stories within parashat Noach are among the most frightening – and the most relevant – ones we could be reading right now.

While the narratives of the Flood and of the Tower of Babel are well known to us, there is another thread we tend to overlook. It is the story of how, when returned to dry land, Noah built a vineyard, made wine and stupefied himself with it so that he exposed himself in his tent, causing one son to see and tell, the other two to carefully cover him without themselves looking at their father in such a humiliating and vulnerable state.

There is a Midrash that is telling about this post diluvian Noah.

“When Noah came out of the ark, he opened his eyes and saw the whole world completely destroyed. He began crying for the world and said, God, how could you have done this? … God replied, Oh Noah, how different you are from the way Abraham … will be. He will argue with me on behalf of Sodom and Gomorrah when I tell him that I plan their destruction… But you, Noah, when I told you I would destroy the entire world, I lingered and delayed, so that you would speak on behalf of the world. But when you knew you would be safe in the ark, the evil of the world did not touch you. You thought of no one but your family. And now you complain? Then Noah knew that he had sinned” (Midrash Tanchuma, Parashat Noach).

Noah is introduced to us right at the beginning of the story as “a righteous man in his generation”, and quite rightly the rabbis do not see this as a great compliment. The qualifying phrase “in his generation” makes it clear that his righteousness is relative rather than absolute. So this just about good-enough man is enabled to survive in order to begin the world afresh. But as starts to face the future, he realises all that he had not done, that his selfishness and narrow vision had allowed the great destruction to happen, that it didn’t have to be like this.

Noah, facing the new world, cannot actually face the past and his part in it, nor really can he move on into the future. He just gets stupefyingly, paralytically drunk, and his sons are forced to deal with the consequences. The younger one does not know what to do – Midrash suggests that he actually assaults his naked father as he lies dead to the world – but at the very least he does nothing;  the older ones treat him with more respect, but reading the text one has the feeling that they simply cannot bear to see their father lying there, seeing what he has become. By covering him they are also trying to cover up everything that Noah has symbolises – his passivity, his refusal to engage with the situation God tells him of, his lack of compassion for other living beings, his lack of any timely compassion at all and his inability to deal with the consequences of his own inaction.

Upon waking, Noah curses Canaan, the child of his younger son, and blesses God on behalf of the other two, giving them an approximation of a blessing.

Why? Why curse Canaan, the child of Ham who saw him naked? Why not Ham himself? Noah is passing the pain down the generations, to those who are neither present nor responsible for the destruction. His own drunken misery becomes a curse for some of his descendants.

The truth that Noah doesn’t want to face is that he is in a new world now. A world washed clean of the violence and horror of the past, but also washed away – its resources, its people, and its structures all gone. This is no longer the world of miraculous creation, when God walked among the people in the Garden, and oversaw the perfection of the world. We are now in a world that Nechama Leibowitz described as ‘post miraculous’ a world where suddenly there are obligations – the seven mitzvot of the b’nei Noah are given here, … “It was in this renewed world — the world destined to be our world and not in the earlier, miraculous world — that saw the opening of the gate to the conflict between the values of  tikkun olam (perfection of the world) and Humanity .Avraham, who appears at the end of Parashat Noach is the person who takes upon himself the mission of perfecting the world as Kingdom of God, rather than taking the world for granted as Noach had done”

Noach took the world for granted. When warned by God of what was to happen, he took that for granted too. And when the worst had happened and the world was washed away leaving Noah and his family to begin it once again, he failed to do what was necessary, and it took another ten generations – till that of Abraham, for the relationship between God and human beings to flower once more.

It is interesting to me that this parashah began with the phrase, “These are the descendants of Noah,” yet does not go on to list any people, but rather begins a discussion of Noah’s attributes. One commentator suggests that this teaches us that what a person “leaves behind” in the world is not only children, but also the effects of their deeds.

Noah left behind both of course – everyone in the world is a descendant of this man if the flood story is to be believed, and so everyone is obligated to the mitzvot of b’nei Noach. But he also left behind the effect of his behaviours, deeds both committed and omitted.

Noah did not help to perfect the world. He allowed it to be washed away.  He didn’t appreciate the value of the world at all, focussing only on his own family and his own needs. Only after it was gone was he able to understand what was lost, and even then he was not able to deal with this loss. He curses a part of his family into perpetuity, his descendants go on to build the Tower of Babel in order to in some way find a purpose and meaning in their continued existence, and maybe also to challenge the divine using their newly created technology. So they too are forced to confront catastrophe as they are scattered across the world and left unable to communicate with each other. It takes ten generations, with the emergence of Avraham, for the world to begin to heal itself.

Like Noah we too are facing a time when the world seems to be set on a pathway to destruction: climate change, global heating, over fishing, the rainforest which once covered 14% of the earth’s surface now covers less than 8%, with all the consequences of loss of species that involves, years long droughts and famines.  We can see the warnings of destruction, we know the consequences of what is happening now, yet somehow we walk about in a dream, neither warning each other nor challenging what is happening. We spend our time trying to ensure only that we and our families can be safe, that our houses are weatherproofed, that our pantries are stocked. We are behaving no differently than Noah. And if we give it some thought and project our ideas into the near future, we can see than those who survive this environmental tumult will not have the resources to cope.

It is our job to take the story of Noah seriously – not as a good enough man who was saved from cataclysm because he did what God said without question, but as a man who was at least righteous in his generation, someone who hadn’t completely surrendered to the corruption and destructive activities around him. And we should see the consequences of his inactions too – that the world he allowed his children to inherit was damaged and fragile and took generations to heal.

Pirkei Avot reminds us that Rabbi Tarphon said “We are not obligated to complete the task; neither are we free to abstain from it” (2:21). So how do we begin to address the problem? The answer comes from a number of sources – the most clear being that every small step matters. As Maimonides wrote about Teshuvah, “one should consider the entire world as if it were exactly balanced between acts of righteousness and evil. The very next action you take, therefore, can save or condemn the world

Sukkot: the people, the land, the relationships that connect us

Sukkot is one of the three pilgrimage festivals mandated in Bible, forming a particular cycle of harvest celebrations with Pesach and Shavuot, yet unlike them in the passage in Leviticus which details the festivals, Sukkot is given an extra dimension – it is not only an agricultural celebration but also one that reminds us of the foundational story of our people.  “The fifteenth day of this seventh month, when you have gathered in the fruits of the land, you will keep the feast of the Eternal seven days …And you shall take for yourselves on the first day the fruit of the tree (hadar), branches of palm trees, and the boughs of thick leaved trees, and willows of the brook and rejoice before the Eternal .. You shall dwell in booths seven days…that your generations may know that I made the children of Israel to dwell in booths when I brought them out of the land of Egypt…”  Lev 23:34-43

This explicit link to the exodus, to the people’s vulnerability and dependence on God, brings a powerful richness to our celebration. Unlike the Spring/Summer celebrations of Pesach and Shavuot, with hope and new life bursting forth, the autumnal setting of Sukkot brings intimations of the dark, hard winter days ahead, the leafless trees, the sleeping earth, a quasi-death experience. Sukkot comes six months after Pesach, and it builds and develops the themes of that festival. Unlike the intense dramatic ‘high’ of the plagues and our leaving slavery in Egypt that Pesach provides, Sukkot marks the “ordinary and everyday” struggle to stay alive and safe. It reminds us that our freedoms are fragile, that even basic necessities are not automatically given to us, that life is made up of routine hard graft and of effortful striving. And in this quotidian mundane activity, God is also present, even if less obvious to us.

Sukkot is a festival of autumnal abundance in preparation for months of wintertime scarcity. But at the same time it draws our attention to our two most basic frailties, our need for water (for ourselves and our crops) and for shelter.  The sukkah itself represents the fragility of our homes, with the “s’chach” open to the skies even as the abundant fruit is hanging from it, and the arba’a minim shaken as an almost magical ceremonial to bring rain in the right season.

The four components, held together as they are shaken, are a fascinating concatenation of concepts. Biblically mandated, the palm, myrtle, willow and etrog can represent such a complexity of characteristics. One midrash suggests that together they represent the whole community, all of whom have value and are included in the ritual – the hadar fruit, the etrog, has taste (Torah) and aroma (Mitzvot); the palm has tasty fruit but no smell, (ie represents those who have torah but no good deeds); the myrtle leaves smell wonderful but it has no fruit (mitzvot but no torah), and the willow has neither taste nor smell (no torah and no mitzvot). Every community has people with each of these categories. When we pray before God, each person is important.

Another view is that each one represents a different part of the land of Israel- so the palm tree which loves a hot dry climate grows well in desert areas, the myrtle thrives in the cooler mountains regions, the willows grow only near the streams and waterways that flow all year, and the etrog is most comfortable in the lower coastal areas and the valleys. Israel has a series of microclimates, each represented here.

Or one can understand the arba minim to represent our history from Egypt to settlement: so the lulav would represent wandering in the desert, the willow- crossing the Jordan, the myrtle our settling in the mountains and the etrog the establishment of orchards.

And there is also a midrash that the arba’a minim represents each human being – the palm being the spine, the myrtle the eyes, the willow the lips and the etrog the heart, and we come in supplication to God because we understand how fragile our existence truly is.

Whichever symbolism resonates, the core truth is the same. We are in this world together, our survival is not guaranteed, we need to work together and support each other even as we celebrate a plentiful harvest.  We need to be aware of scarcity, that we can all be affected, that only by sharing and by working together can we create a more harmonious world.

Sukkot is given four names in bible: “Chag ha’Asif”[i] – the festival of ingathering; “Chag ha’Sukkot”[ii] – the Festival of Booths; He’Chag[iii] – THE festival; and “Chag l’Adonai”[iv] the Festival of the Eternal. Of these, the third name – the festival par excellence – gives us most pause for thought, for it reminds us that Sukkot is the most important festival.

Why is this? The symbols of the festival remind us that EVERY person in our society is important; each one needs the dignity of their own home and the security of knowing that basic needs will be met; (Talmud Berachot 57b tells us a home of one’s own increases self-esteem and dignity). They remind us that we are all journeying, that while we may have the illusion of a stable rooted existence, the world turns and our fortunes can turn with it. They remind us that we all have responsibility for the environment and for how we treat our world, that damage to our environment and changes to our climate affects us all. They remind us that we are dependent on factors that are beyond our control. Yet with all of this unsettling symbolism, the rabbis call this festival “z’man simchateinu”, the time of our rejoicing, based upon the verses in Leviticus.  Why does Sukkot make us so happy, this festival of wandering and of fragility? I think because it reminds us of our human commonality and the power of human community. We are connected to God and we are connected to our land, we are connected to our foundational stories and to our historic experiences, but for any of this to truly matter, we must be connected to each other.

[i] Exodus 23:16; exodus 34:22

[ii] Leviticus 23.34; Deuteronomy 16:13,16

[iii] Ezekiel 45, 25, 1 Kings 8, 2, Ezekiel 45, 25 and 2 Chronicles 7, 8

[iv] Leviticus 23:39

(written for the “Judaism in 1000 words” section of Movement for Reform Judaism website)

Ki Tavo:

Parashat Ki Tavo opens with two commandments which are connected to the land.  Bringing the First Fruits (known as Bikkurim) (1-11) and the Elimination of Tithes (Biur Ma’asrot) (v12-15).

As one would expect, both of these commandments require action – the first fruits of the ground are to be taken in a basket to God’s designated place, and handed over to the priest there. In the third year the owner of the property must give a proportion of the produce as a tithe that will go to the Levite, the stranger, the orphan and the widow.  So far so normal.  But the bible goes on to require speeches to be made while these two  commandments are to be carried out, and, unusually for Torah, it gives the actual texts to be said.  Biblical prayer is usually spontaneous, rising out of the immediate needs of the moment, and rarely recorded in any detail at all, yet here we have two separate declarations given verbatim, and the recital of these two passages have become counted in rabbinic tradition as positive commandments in their own right.

‘Mikkra Bikkurim’, the recital of the declaration of the first fruits, contains within it phrases that eventually were imported wholesale to become part of the Pesach Haggadah, going over the history of the exodus and the terrible painful situation that had preceded it, and personalising that history.  Vidui Ma’asrot, the Confession of Tithes, focuses on the completed observance of the mitzvah of giving tithes, but goes on to ask God ‘s help for the future. These two declarations begin with simple statements of action, but then move way beyond the actual observation of the commandments in the present moment to add meaning and weight.  They don’t stop with acknowledgement, but instead push the speaker and the hearer forward, beyond thanksgiving and into a place of deepened understanding.   Bikkurim takes the speaker into the past, the ancient ancestral past of a time when the land was not so settled and fruitful, of the time of Jewish suffering and slavery in Egypt, and of the redemption from that position.  It roots the speaker in history, and deliberately contrasts the situation of the speaker – their security in their own land, their economic and agricultural prosperity – with the insecurity, poverty and misery of the people in earlier times.

This then is followed by the Vidui Ma’asrot, which ends with the words “look down from your holy habitation, from heaven, and bless your people Israel and the land which you have given us, as you swore to our ancestors, a land flowing with milk and honey”

It is a prayer which notes the history – but only in terms of a passing nod to the ancestral promise that God would deliver to them a land fertile and prosperous. More than anything this is a petition for the future, a request for God to pay attention to the land and the people, a wish for a bright and untrammelled destiny.

Four mitzvot are contained in this section.  Two of them require the physical transference of the wealth of agricultural prosperity from their owner to others less economically secure – first the sacrifice of the first fruits of the ground, which is to be given to God via the priesthood of that time; secondly the giving of tithes to those who have no means of supporting themselves – the landless stranger, the ones who have no economic supporter to care for their produce, the Levites.  The food is to be shared out, no-one is to be hungry or uncared for in this system, and no one is to believe that they have absolute rights of ownership just because they are working this land at this time.

But the other two mitzvot are speeches, and they have become far more prominent in the text somehow than the actions to which they refer at the beginning.  The speeches provide a continuum of historical experience; they locate the actions of giving in a system of time and give meaning to the present in a religious dimension as well as a chronological one.  They provide a worship experience almost unprecedented in Torah. But they also provide a context and a philosophical understanding we can learn from today.

Taken together the two speeches trace time and interleave the lonely and painfilled vulnerability of the ‘arami oved avimy father was a wandering Aramean’ – into a world where God can be asked to look after, bless and care for Israel, both people and land.  Simultaneously wealth can be acknowledged and rejoiced over while the reminder of the fragility of any economic security is overtly stated.  A dialectic is set up between the history of Israel and the role of God.  It becomes clear that without full awareness of the history leading up to this moment there can be no understanding of the present, and certainly no awareness of what the future might hold.  Our history impacts upon us and informs our present.  Any awareness of future must be rooted in past as well as current experience.

At its most simple, the thanksgiving and joy for any prosperity of today can only be properly achieved when accompanied by an understanding of past sadness and pain; only by awareness of the depths of depression can one understand the heights of exaltation.  But there is much more to the two declarations than this.  They cry out for us to examine our lives and our history before beginning to draw conclusions about our present existence; to understand where we and others are rooted before making plans for the future.

We are approaching the last week of the month of Ellul, traditionally a time for examining our lives, for considering our situations and for trying to make changes for the better in our existence.  We cannot do this in a vacuum.  We have to take into account our history, all the experiences that have fed into who we are today, the sad as well as the happy, those that cause us pain as well as those of which we feel proud.  We have to accept the reality of what has been our own story, before we can begin to see where we might journey on towards. And like those who declared the Mikra Bikkurim and the Vidui Ma’asrot we have to see the place of other people in our story, and to look for the presence of God in it too, even if only to ask God to notice and pay some attention to our lives.

Looking at the texts of the two prayers, maybe we also have to be able to say that we have taken some action already, have recognised our responsibility to act in our world to make it a better place.  These prayers remind us that while we examine our lives, we must see ourselves as part of a whole greater than ourselves. What we do in the world out there has impact, how we behave towards others matters – and maybe most importantly how we see ourselves in relation to others – and them in relation to us – be it in an historical or a geographical perspective, in a theological or political or even a societal dimension, that is the essence of our understanding.  Our lives cannot be limited to here and now. Our existence cannot be so narrow as only to focus on those we know, or those we care about personally.  Judaism has always taught us to operate in the broader world and at this time, when we are liable to focus down into ourselves religiously we should remember the imperative built into the two declarations which begin the sidra of ki Tavo.

 

 

Shofetim: We all have a role to play in the ongoing deliverance of Justice

In his last days, Moses is deeply concerned with the future good governance of the people.  Today’s sidra begins with his instructing the people: “shoftim v’shotrim titein lecha b’chol sh’areicha asher Adonai eloheicha notein lecha lishvatecha, v’shaftu et ha’am, mishpat tzedek”

Judges and officers you will give for yourselves in all your gates, which the Eternal your God gives you, lishvatecha (either in every town and settlement or else each tribe would have its own access to the judiciary); and they shall judge the people with righteous judgment.

Justice is clearly to be for everyone, in every place, the same. The legal system must not be open to undue influence, it must strain to judge each person with “mishpat tzedek”, righteous justice, and indeed Moses goes on to require “tzedek tzekek tirdof” – that the people must actively pursue this righteous behaviour, not be passive consumers of the justice or expect someone else to make it happen.

Moses goes on to detail what will become the different strands of leadership within the Jewish world of the time – first the monarchy, then the priesthood, then the prophets.  And there is much to be said about the way power is organised in this model: there will be a monarchy only if the people want this, and the instructions about this role are curiously more about what the king could NOT have and do, rather than what the king must do for the people: So there is to be no foreign power or return to Egypt, no building up of horses or wives or personal wealth, and the  honourable positive exception is that the king must write for himself a “mishneh haTorah hazot al sefer mi’lifnei ha’cohanim ha’levi’im” And it shall be, when he sits upon the throne of his kingdom, that he shall write for himself a copy of this law [Torah] in a book, out of that which is before the priests the Levites” and the king must read this book regularly in order not to separate himself from the people and to ensure that the king (and also the people) continue to follow the Torah of God.

There is to be the hereditary priesthood from the tribe of Levi, who will own no land but “Adonai hu nachalato” God is their inheritance and so they will eat from the offerings brought to God and they will control the ritual and the religious life of the people.  The prophets will come later, each one is to be a mouthpiece for God and will speak what God commands them, and the people are warned how to detect a true prophet from a false one.

Powerful and separate roles – that of judge, of sovereign, of priesthood, and of prophet – each holds a different power and each has a different job to do. The separation of powers is critical in the good governance of the people and has already evolved in Moses’ lifetime. But there is one role that is not spelled out yet is critical for the others to function.

The sidra begins “shoftim v’shotrim” and while it reminds us first that the shoftim, the judges will judge each person with “Mishpat tzedek – righteous Justice”, it seems to take for granted the role of the shotrim. Variously translated as “officers”, “bailiffs” these are the people who ensure that the judgments are carried out, that justice is done.

Rashi explains that the Shoftim are the judges who consider the cases and who render decisions. The Shotrim are the executive officers who translate the law into reality. In our world the Shoftim are both the legislature and the judiciary who must be independent and who must have the public good of a just society at the forefront of all they do, while the Shotrim would be the carriers out, the branch who must execute and implement, and if necessary enforce the laws decided by the shoftim.

Bring that forward into today’s world and we can understand just how critical a role the shotrim play.  There is, of course, some overlap and some dual-role activity. Our Parliamentarians are both the legislature in that they write and decide the laws, but they also have a responsibility to their constituency to ensure that justice will be pursued. Our Judges both interpret the law as it is written and create it case by case “on the ground”, and they must ensure that not just the law as it is codified shall be enacted, but that justice should be done – even if that means straining the legal language on occasion. Law as an ideal construct will of necessity not always speak to the situations of real human beings, and in such cases the shotrim must ensure that justice will be actively pursued.

Bible reminds us that for good governance there must be several different and separated roles so that power can be spread among them and not concentrated in too few hands. But this sidra is particularly interested in justice as part of that governance, and provides not only for the law-makers the shoftim, but for the justice enablers, the shotrim. Sometimes there may be a dissonance between the two, sometimes they will work well. Rashi suggests that the shotrim were there to ensure that the words of the shoftim are carried out, even going so far as to suggest chastising those who were not doing so.  But in the context of the separation of powers in this sidra, as well as the overarching theme of justice, I wonder if this can be right, whether their role is not to chastise the people but to ensure that justice matches the law.

As we sit in late preBrexit Britain, watching our legislature hide behind legal loopholes such as that the result of the advisory referendum cannot be challenged precisely because it was advisory, or that the findings of fraud and cheating are not reasons to legally annul the resultant vote;  when we see Jeremy Corbyn and the current leadership of the Labour Party tie itself into knots about the antiSemitism in the party, finding all kinds of jargon and spurious disciplinary or investigative processes to distance themselves from responsibility for their own behaviour; When we watch Boris Johnson cynically using dog whistle racism to shore up his own position in a party that is so afraid of the far right fringe that it has lost any sense of its own purpose; Then more than ever we cry out for the shotrim, the people who are not the leadership but whose purpose is to ensure that the leadership promotes justice rather than legalistic nuances.

Who are the shotrim? Well they are not defined in the text. They must clearly be people who have the ability to act as officers of governance. They must clearly be people for whom justice is the overriding value. They are, I think, people like you and me, who step up and speak up for justice.  For me the shotrim are embodied in people such as Carole Cadwalladr, who campaigns for transparency in the murky political world of Brexit, or the pro-bono lawyers who are challenging government at every turn. They are the leaders of civic society working for and demanding a safe haven for refugees, the boats of MSF literally fishing bodies out of the water of the Mediterranean.

But we don’t all have to be quite so all-consumed or so dedicated to do our bit towards being shotrim. We simply have to keep our focus on ensuring that justice is delivered equally for everyone, remind out government of this requirement, volunteer or write letters, become activists for a cause. It is our role to be human beings who care for the rights of other human beings. Put like that, it shouldn’t be too onerous a task. And it is a task we must accept for justice to thrive.