Chukkat – how fear can curdle the humanity of societies; or: we won’t forget the heartless Edomites and our heartlessness won’t be forgotten either

It is Refugee Week, the week that takes place across the world around World Refugee Day on 20th June. And while we are horrified by the stories coming from the Mediterranean, with the Aquarius and her sister ships picking up frantic and vulnerable refugees floating on leaky and overcrowded boats in their attempts to seek safety and then desperately looking for a country who will offer them refuge, while we are shocked and appalled by the photos coming from the USA of traumatised and desperate children who have been separated from their parents and caged up in warehouses, while we watch people become dehumanised on our screens or in our newspapers, the bible quietly and insistently sends us a message. Tucked into the more dramatic events in parashat Chukkat come these seven verses:  And Moses sent messengers from Kadesh to the king of Edom: ‘Thus says your brother Israel: You know all the travail that has befallen us; how our ancestors went down into Egypt, and we dwelt in Egypt a long time; and the Egyptians dealt ill with us, and our ancestors; and when we cried to the Eternal, God heard our voice, and sent an angel, and brought us forth out of Egypt; and, behold, we are in Kadesh, a city in the uttermost of your border. Let us pass, I pray you, through your land; we will not pass through field or through vineyard, neither will we drink of the water of the wells; we will go along the king’s highway, we will not turn aside to the right hand nor to the left, until we have passed your border.’  And Edom said to him: ‘You shalt not pass through me, lest I come out with the sword against you.’ And the children of Israel said to him: ‘We will go up by the highway; and if we drink of thy water, I and my cattle, then will I give the price thereof; let me only pass through on my feet; there is no hurt.’ And he said: ‘You shalt not pass through.’ And Edom came out against him with much people, and with a strong hand. Thus Edom refused to give Israel passage through his border; wherefore Israel turned away from him (Numbers 20:14-21

A frightened people want to pass near the borders of Edom on their way from misery and torment in one country as they journey to find safety. And they are refused. They try to be diplomatic, they offer to pay for any damage or any resource used, they are desperate to come through this land to get to safety, but not only does Edom refuse to let them do so, they come out with an army to prevent them from coming anywhere near.

What are Edom so afraid of? Why do they chase this group away in such a hostile manner? In what way does it benefit them? In what way might they honestly be threatened?

Edom is understood to be the city of Esau – a close relative, the brother of Jacob. But there is no warmth to be found in this story. The people move to Mt Hor and back towards the sea of reeds, in order to travel around Edom but quickly find themselves in the same position with Sihon, the king of the Amorites.  The story is retold in Deuteronomy, when nearly forty years after the first attempt God reminds the people not to provoke Edom, who have been given this land by God, and this time they are allowed to go through.  But should we expect today’s refugees to wait for nearly forty years to find some peace, put down some roots, get on with their lives?

In today’s world we find that we are living in one of the largest forced displacement crises ever recorded. Over 65 million people are on the move, force to flee their homes and look for safety elsewhere.   Last year, 362,376 people arrived in Europe via sea. Just under half were women and children. About a million people from outside Europe claimed refugee status in the twelve months just gone.. But contrary to the narratives so many media offer, most refugees are actually taken in and cared for by poorer countries than those of Europe. The UN’s Refugee Agency estimates that nearly nine in ten of the world’s refugees are sheltered by developing countries. Take a moment for that to sink in.  Ninety percent of the world’s refugees are taken care of by countries that can themselves barely afford to do so. And yet they do. And meanwhile the richer countries act like the Edomites and refuse even the polite and diplomatic requests to travel through, the offer to pay for resources, to desperate need to be safe – preferring to show force and to send the refugees away to try to find another way to safety

The name Edom is used as rabbinic code for Rome. Rome, the powerful and wealthy head of the huge and spreading Empire which did not care for the vulnerable or the stranger but only for its own status and power. Our tradition speaks of Edom with disdain, it is the model of behaviour that is unacceptable, it is the model we do not wish to be like. Bible reminds us repeatedly to care for the stranger, the vulnerable in society, the ones who have fallen to the bottom of the societal pile.  And yet here we are, watching an American administration quote biblical verses as ‘proof’ of the right to separate children from their parents and lock them up without comfort or care. The Independent Newspaper has reported that up to 2,000 children migrant children have been separated from their families in just six weeks in the USA. We are watching an Italian government minister try to take a census of the Roma community, in order to expel those who do not have Italian citizenship. We know that here in the UK there is still indefinite detention for people whose paperwork is not completely full and in order, we see a terrible rise in xenophobia and people being attacked in public spaces for being foreign. We have a Home Office who is proud of operating a “hostile environment”, and a Prime Minister who was the architect of the policy and remains proud of it, even as we see the how the Windrush Generation were treated with disdain and with no respect, as we hear the stories of families split apart, of people’s live shattered at the whim of some ill though out and  bureaucratic policy. As we mark refugee week, as we read Chukkat with its focus on death and purity, with its narratives of the deaths of both Miriam and Aaron, with its record of the actions of Edom to the vulnerable migrants known as the children of Israel, we weep.

If we had to write a history of the world right now, if we had to write of the 65 million people fleeing violence or war in their own homes, of the talk of locking up people and indefinite detention for those without the right papers, if we had to record the stories of the people picked up on the Mediterranean Sea, in fear of drowning but prepared to take the risk as being less awful than staying put, if we had to record the fear of travelling communities, of people who have been uprooted from their homes – what would the people reading our history say? How would they look on an administration quoting Bible to justify their abuses of power to the most vulnerable? How would they look at a Europe which takes a tiny percentage of the mass of rootless and fearful people, and which squabbles over who is taking enough of the “burden”?

In Chukkat we read of the red heifer, the ashes of which will purify the impure and make impure the pure. It is a chok, a law without reason, done only on the grounds of faith. In refugee week 2018 as we read the parasha we see that there is no reason, only the belief that we must keep people out at all costs – even at the cost of their lives, as we increase the impurity in our world by denying the most vulnerable their dignity.

The antidote to causeless hatred is causeless love. We are a long way from it right now, but we can hope that the outrage will finally be enough to make the necessary changes, that the political will to care for people because they are people will be found, that refugees may soon find places to call home.

Parashat Chukkat reminds us that the world is a scary place, that resources are finite and that death will come to us all. But it reminds us too of the dignity of refugees, of the humanity of the people travelling to find safety, of their connection to us, and that history will record and we will be judged. May that be enough to bring change and rest for those who so sorely need it.

 

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Rescued from the water – from Moses to SOS Méditerranée. A Jewish response to the refugees fleeing to Europe across the Mediterranean Sea

Recently I attended a lecture by Jean-Marc Liling at the conference of the European Union for Progressive Judaism. One of his statements really struck home. Referring to the many migrants rescued from the waters of the Mediterranean Sea, he reminded us of how the greatest leader of Judaism found safety having been first hidden in a basket in the reeds on the Nile and then rescued by a woman in the Pharaonic household. She is the one who gives him his name when she adopts him, She calls him Moses/Moshe, because ““I have drawn him from the water – min ha mayim m’shitihu”

Day after day and year after year we hear of the stories of people who are fleeing their homes because of warfare and violence, and who are looking for safety across the Mediterranean sea. Earlier this week the humanitarian group SOS Méditerranée wrote on twitter that its rescue boat Aquarius had taken in 629 migrants, including 123 unaccompanied minors, 11 other children and seven pregnant women. They would take them to a safe port as usual – but the Italian government refused to allow the ship to dock. Even though the mayors of the port cities such as Palermo, Naples, Messina and Reggio Calabria, said they were ready to disobey Salvini’s order and allow Aquarius to dock and disembark in their seaports, the lack of coastguard meant they could not do so. The ship eventually ended up able to disembark its frightened, exhausted and distressed passengers in Spain, after an agonisingly protracted negotiation and a further period of enduring the stormy seas.

Today The Coast Guard ship Diciotti, arrived in the port of Catania, with 932 migrants on board. They were rescued during 7 rescue operations off Libya, and I read that five of the refugees, four pregnant women and a minor, have already been transferred to Sicilian hospitals. On board the ship there are also two corpses, recovered during the rescue interventions.

As a Jew, as a person born with the privilege of a western passport and life, as a human being, I read the stories of these refugees with pity, compassion and some horror.  I am only one generation away from refugee status. My father came as an unaccompanied minor to the UK leaving behind his family in Germany. His father survived Dachau but died stateless –sans papiers – in Switzerland, days after the Swiss Government saw fit to refuse him leave to stay in their country because he was a refugee. My mother was born to parents who fled the anti-Semitic constraints of living as Jews in Eastern Europe. They had arrived there, so family tradition relates, from Spain – when Jews were forcibly converted or killed or fled from the Inquisition.  I am not remotely unusual in the Jewish world. Scratch most Jews and you will quickly find the story of a refugee.

What does Judaism say to us to help us understand?  Right at the beginning of bible Cain asks the question “Am I my brother’s keeper?” He appears to think that he should not have to be responsible for any other human being, but the answer from God is clear and unequivocal. Yes, we are responsible for each other. We are each other’s brothers and sisters,  we have a human link with each other which cannot be dissolved.

Abraham in Hebron, describes himself as a stranger and sojourner (ger v’toshav Anochi) (Gen 23:3-4) and asks to be allowed to bury his wife.

The most frequent mitzvah in bible is to care for the stranger, the refugee and the vulnerable who live among us – for example- “And if a stranger (Ger) sojourn with you in your land, you shall not do them wrong.  The stranger that sojourns with you shall be to you as the home born among you, and you shall love them as yourself; for you were strangers in the land of Egypt.  I am the Eternal your God. (Lev. 19:33-34)

And Moses, the one who reminds us again and again to care for the stranger and those who live amongst us and need our help – Moses was drawn from the water having been put there to flee a death sentence which had been decreed by a violent political power determined to ethnically cleanse his country.

In the Yizkor section of the British Reform Machzor is a prayer that speaks of the many lives lost in pogroms and in Shoah. It speaks of the laughter that was lost, the poetry never written, the science never developed, the music never composed. It lists all the things that died when the people who should have done them died. Not just the descendants who never got born, but the ideas, the humanity, the connections and the learning of the people, which never had chance to form.  When I think about Moses being rescued from certain death in the water, whose life hung on a thread after the political powers determined to play out their own warped agenda, I cannot now forget the question asked at that lecture. What have we lost as we allow the migrants to die in the Mediterranean Sea? The United Nations estimates that at least 500 people have already died in 2018 trying to cross the central Mediterranean, following some 2,853 fatalities last year.

What have we lost by not caring enough to help these people? Not just lives, though that would be bad enough but all the things that would have come from those lives.

The bible tells us that God says to Cain, who had killed his brother ‘The bloods of your brother cry out to Me’ (Genesis 4:10) — and rabbinic tradition, noting the plural that the sentence is cast in, read  that it is not only  his blood but also the blood of his potential descendants….The Mishnah (Sanhedrin 4:5) continues:  Therefore was the first human being, Adam, created alone, to teach us that whoever destroys a single life, the Bible considers it as if he destroyed an entire world. And whoever saves a single life, the Bible considers it as if they saved an entire world. Furthermore, only one human being, Adam, was created for the sake of peace among people, so that no one should say to their fellow, ‘My father was greater than yours….

We are a people whose national and foundational stories are of being refugees. We are a people whose great figures – Abraham and Moses, are themselves refugees, Ivri’im, people who cross over from one place to another, in search of a safe place to be themselves. When, as Jews, we read the stories coming out of the desperate people crossing the sea in leaky overcrowded boats in order to escape a terrible existence – or even death – in their own country, our response has to be practical and immediate. We cannot turn away. We cannot parrot the lines about people being economic migrants or ”just” looking for a better life and absolve ourselves of responsibility.

The boat that docked today in Catania is called Diciotti. It is connected to the word 18. 18 is, in Hebrew, Het Yod – Hai –Life. It seems to me a call to remind us to choose life, not only for ourselves and our families, but for all who need our help for them to also choose life.

Rabbi Sylvia Rothschild 13th June 2018

Korach: reading the Bad Boys of the Exodus can help with the Bad Boys of Brexit

Reading Bible reminds us again and again that people are the same, whatever age they live in, and that politics is also essentially unchanged over the centuries. Some people have principles, others appear to have only causes, and one repeatedly seen cause is sadly that of increasing their own power and status.

Yes, they will dress it up – in a tub-thumping speech to the leader they may say “you are taking too much on yourself, all the people are holy” or they may use the language of the demagogue explicitly reminding others that only they are following “the will of the people” and everyone else is betraying them. Often the speaker is privileged and wealthy, yet somehow acts as if they are one of the less advantaged, and speak against some notionally distant and uncaring governing elite.

So Korach, cousin of Aaron and Moses, was a member of the tribe of Levi, singled out for special status. The midrash tells us that he was very wealthy (indeed the phrase “as rich as Korach” in Hebrew equates with the modern slang “filthy rich” and Bemidbar Rabba 18:15 tells us that Korach was the comptroller in Pharaoh’s palace and was in charge of the keys of his treasuries, and later on is clear that he was not the most disinterested or honest supervisor, but took many of the riches for himself (Bemidbar Rabba 22:7)   And yet his language implies that he is simply the spokesperson for the downtrodden and ignored, as he whips up a populist movement to his own agenda.

There can be no doubt that Korach is one of the “Bad Boys of the Exodus”. And of course he gets his comeuppance, as the duel of the firepans of incense leads the rebels to their unnatural deaths while Aaron and his family are confirmed in the priesthood and the copper from the firepans is to be used to plate the altar to remind everyone that the priesthood is of the family of Aaron (See Numbers 17)

God, having taken out the leadership of the rebellion, is keen to finish the job, sending a plague upon the whole community, and Aaron and Moses have to rush to help save them from the consequences of this rebellion.

Sometimes bible has a way of speaking to the current moment in an eerie and extraordinary way. Here in the UK we have our demagogues, almost to a man wealthy and privileged and with a deep urge to seize power. The leadership of the Brexit project – the “Bad Boys of Brexit” are generally personally wealthy, have a background of privilege in terms of education and family connections, and have manipulated people who have been ignored or suppressed into somehow believing that they are just like them. The newspapers they write for or control drip poisonous xenophobic tropes, see the European Union as other, indeed as enemy. They deliberately whip up the ideas of treason, seeing enemies and betrayal everywhere. For years stories about “the other” have published which show the poor patriotic English person being cheated, lied to, ignored in favour of foreigners.  Forget the ideology of working for European peace, if you read these papers you would believe that laws are imposed on us by foreigners who don’t consult, don’t expect us to have a voice, don’t care about us, only about our money which they want from us. These years have done their work, the mob are roused, with threats of violence against anyone with a different narrative, from Members of Parliament down. And real violence against anyone perceived as “other”. For me the nadir was the headline “enemies of the people” in the Daily Mail (4.11.17), with photos of three High Court Judges who “defied {the} Brexit voters” and who could trigger a constitutional crisis. What had the Judges done? They had ruled that Parliament must be consulted before the Government could trigger Article 50 of the Lisbon Treaty, which would start the UK’s formal process of EU withdrawal.

In the story of Korach, the rebels are spectacularly –and unnaturally – dealt with, going down into the bowels of the earth which then closed over them. But the continued effect of their poison and lies meant that God was prepared to continue cleansing the people – by plague. It took the desperate interventions of Moses and Aaron to change that terrible outcome, and to get the people once more back on track to achieve their goal, of entry into the Promised Land.  We learn from this that the power of the rabble rouser and demogague continues long after they have stopped. It takes courage and thoughtful intervention, facing the problem and the poison and combatting it with a different narrative, to slowly root out the worst of it.

But the human desire for grabbing power and for seeing others as foreign or other does not go away. It must be recognised and it must be contained, for it will never leave us. There will always be those who rise up in every generation to pervert justice and kindness for their own benefit and we need to be aware of this and on our guard, fighting and fighting for the values of understanding our shared humanity, of having compassion for the other  rather than fear or hatred.  It is interesting to see that some psalms are written by the bnei Korach – the sons or descendants of Korach. Korach does not go away, but becomes part of the community – and we have to be aware that the tropes of Korach’s rebellion are still entwined within our groups.

How our current situation, of growing populist movements and politicians will end, we don’t yet know.  We see that the language of snide demagoguery continues, we see that wealth has been acquired through odd and secretive ways from outside the community (just as Korach had appropriated his wealth immorally from Egyptian stores). We see parties or individuals gaining power by whipping up xenophobia and hatred while implying that they are on the side of the poor and dispossessed.  No God is going to come and cause the earth to open – we are on our own with this one. But we should take heart from the biblical text. Ultimately Korach loses, the people are back on track and the violence and plague abates. It takes work and pain and fear and tears. But ultimately Korach will lose again.

 

 

Shelach Lecha: holding onto our values while the world looks in another direction: or How to combat populism

“And Joshua bin Nun and Caleb ben Jephunneh, who were of those who spied out the land, tore their clothes. And they spoke to all the congregation of the children of Israel, saying: ‘The land, which we passed through to spy it out, is an exceeding good land.  If the Eternal delight in us, then God will bring us into this land, and give it to us–a land which flows with milk and honey.  Only rebel not against the Eternal, do not fear the people of the land; for they are bread for us; their defence is removed from over them, and the Eternal is with us; fear them not.’  But all the congregation bade stone them with stones, when the glory of the Eternal appeared in the tent of meeting to all the children of Israel.” (Num 14:6-10)

Twelve men, representative from each tribe, have been sent to reconnoitre the land of Israel, and they come back with the same report but with two different conclusions. The land is very good and fertile, but the inhabitants are strong. Ten believe that it would be impossible to take the land and it is better not to try, two insist that trusting in God and refusal to be afraid will mean that they will indeed succeed.

What makes Joshua and Caleb so different from the others? Why are they able to hold onto their vision when the others are overcome with fear?  And why are they prepared to go against the popular narrative of the majority?

These are questions that have never lost their relevance. We are in a world of growing political populism where minorities and a supportive legal framework are both under attack as a large portion of the population are manipulated to support something that is not to their benefit.

To stand up against the narrative of a vocal and fearful majority requires one to be both principled and courageous.  To put ones hope in a better future, to take the risk and make the leap of faith, to not be seduced by an immediate gratification or intimidated by the actions of others requires a strength of mind and soul that may seem superhuman – except that history is littered with such examples. The survival of Judaism and of Jews is a direct result of generations of people holding onto their principles with courage, teaching their children to be Jews even in a frightening and dangerous world. I pay tribute to my father, Edgar Rothschild, whose faith and determination never wavered, even though as a refugee child separated from his beloved parents, his younger life was miserable and lonely. His activism in our local synagogue – itself with its share of people whose arms bore tattooed identification numbers – was extraordinary and life affirming, and his determination to pass on a warm and loving and practical Judaism was so powerful. I pay tribute to my brother, Rabbi Dr Walter Rothschild, whose work in post war Europe has been an uphill struggle to reintroduce authentic Reform Jewish life where none exists and some would prefer it to stay that way. I pay tribute to Rabbi Dr Leo Baeck who worked to create the rabbinic college in London that bears his name. I could list and list the people who held to their principles, who screwed up their courage and continued in the face of a majority who would rather have an easier life.

 

The dying Moses said to the people as well as to Joshua –“Chazak ve’Emat…lo tirah v’lo techat” “Be strong and of good courage…. do not be afraid, do not be dismayed” (Deuteronomy 31:7-8). It is hard to do, yet we have many examples before us. It is, I think, a quintessentially Jewish way to stand up and to be counted, to continue to hope in the face of despair, to knowingly take the risk of the leap of faith because we have a vision of something larger and more important than ourselves. Yet the bible story reminds us that it is also a human characteristic to avoid difficulty – for every Abraham there is a Jonah, for the two spies who were brave enough to stand up, there were ten who played to the fears of the crowd.

 

Progressive Judaism sees itself as a descendant of Prophetic Judaism – precisely the quality of courage and vision prepared to confront the comfortable views around. We are Jewish not simply as an accident of birth, but as an active choice in how we live in the world. In the words of Edmund Fleg: “I am a Jew because the faith of Israel demands no abdication of my mind. I am a Jew because the faith of Israel asks every possible sacrifice of my soul. I am a Jew because in all places where there are tears and suffering the Jew weeps. I am a Jew because in every age when the cry of despair is heard the Jew hopes…I am a Jew because for Israel the world is not finished; people will complete it….I am a Jew because Israel places Humanity and his Unity above nations and above Israel itself. I am a Jew because above Humanity, image of the Divine Unity, Israel places the unity which is divine. (Pourquoi je suis juif.1928)

 

So as we read the story of the spies this week, let’s think of those who doggedly hold on to Jewish values while the world looks in the other direction. Let’s take on the mantle of holding onto the vision of a good land, while political leaders whip up racist and xenophobic mobs. Let’s stand up against a narrative that others people who are not like us – be it in the UK, in Europe, in the USA, in Israel, and remember that we must hold onto our courage and our good faith, not let fear or dismay overtake us, but hold on to hope. Joshua and Caleb were the only two of the whole population who eventually entered the land. Their hope and their faith in a better world kept them going. Let’s hope that our hope and faith in a better world will do the same for us.

 

(written for EUPJ parashat hashavua page 2018 and first published there)

Mishpatim: speaking to us today to remind us to take care of the strangers who live amongst us

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

Chayei Sarah: how Sarah’s legacy got lost or “undermining the pillars of the women’s gallery”

As we read about the death of the first matriarch, the woman chosen to transmit the promise through her son with Abraham, the woman who “made souls” along with her husband, the woman who laughed at God, it seemed a good time to post an article I wrote in the 1980’s for the first book by women rabbis in the UK – “Hear Our Voice”.  The article was entitled “Undermining the pillars that support the women’s gallery: an examination of the foundations of the custom of segregated seating” and examines and lays bare the paucity of reasoning and of sources for this custom that keeps so many of Sarah’s daughters out of public space and public dialogue.

“As women slowly gain an increased profile and greater power in the management of synagogues, they find themselves disadvantaged within its religious expression. In some cases they are literally hidden from view, their presence screened over and muted.

The reasons given for this are fourfold:

  1. That it is a biblical/rabbinic prohibition for men and women to sit together in worship
  2. That in Temple times there was a separate women’s courtyard (Ezrat Nashim) and a synagogue by Talmudic principle is a sanctuary in miniature (mikdash me ‘at)
  3.  That male worshipers would become distracted from fulfilling their obligations to pray, if they had to do so in mixed company
  4.  That it is the long established custom and practice for Jews to worship in this way, and to change it would be to “Christianize” the synagogue

Tracing the phenomenon of separate seating – and in particular of Mechitza, (the separating screen) – what emerges is that the historical, legal and theological case for such behaviour is not at all substantial. This is surprising, given the vigour with which it is promulgated and defended.

What is the legal source for the prohibition?

In the responsa literature there is some debate as to whether the separation of the sexes (and how it is to be done) is a biblical prohibition or a rabbinic one (and therefore less authoritative).

The few responsa that argue for a biblical prohibition find themselves unable to provide any verse whatever from Torah to underwrite the claim. The single biblical verse quoted to back up the claim for separation of the sexes being a biblical command in Zechariah (12:12)

“And the land shall mourn, every family apart.

The family of the House of David apart, and their wives apart.

The family of the House of Nathan apart, and their wives apart.”

The plain reading of the verse is that it is set within an oracle in which Zechariah describes the future Jerusalem. The city will be besieged by many nations, but God will strike them with madness and confusion. God will protect Jerusalem, destroying all who make war on her, and the inhabitants of Jerusalem will mourn the nations they have “thrust through”. The mourning will be done family by family alone, and Zechariah goes on to name a number of households separately, and to state “and their women [will mourn] alone”

How can this be read as a biblical injunction not only for separate seating but for segregated seating – Mechitza? The logic would seem to be that if, in this quasi-messianic period, men and women were to be separated, and if they were specifically segregated during a period of terrible mourning, how much more should the separation be enforced in our corrupt times, and how much more so when the spirit is not depressed by sadness. For who knows what frivolity might be encouraged if men and women are allowed to be together?

As Moshe Feinstein wrote

“Nowhere do we find that this instance of future mourning was to be in the sanctuary….it therefore indicates that wherever men and women must gather, they are forbidden to be without a dividing Mechitza between them, so that they cannot reach a state of levity…..And so in our synagogues too….”[i]

Clearly this understanding is not the plain meaning of the passage in Zechariah, and clearly too Feinstein’s is a partial reading, as the issue of each family mourning separately is not developed into their behaviour at worship. More important however, is the fact that this source – the ONLY biblical text used to support segregation, comes not from Torah but from Nevi’im – the prophetic books. Feinstein deals &with this by writing:

“And even though its source in the Bible is a verse from the Prophets, in which the rule is that it cannot establish any biblical prohibition, here a biblical law can be derived from it, for it does not seek to originate any prohibition, but merely requires that mourning be observed in accordance with the [apparently pre-existing] scriptural law – men separate and women separate. We learn similarly of many biblical laws from the actions of the Prophets, Judges and Kings, out of verses quoted in passages of Oral Tradition” [ii]

In other words, Feinstein views this as coming under the category of received wisdom – i.e. that we can infer from the narrative the existence of an older law which is then assumed to be a biblical law. So had the text in Zechariah overtly prohibited men and women from mourning together it would not have been a biblical prohibition, but since it does not say that, then we can legitimately infer such a prohibition (!)

Leaving aside such convoluted processes, the main objections, that nowhere in the Bible is the separation of men and women in public worship or assemblies commanded,(and indeed we find many examples where men and women clearly do worship together, see below) and that the one verse that is even remotely applicable is in the Prophets, are not addressed.

So it would seem that the prohibition must be, in fact, a rabbinic one.    Many responsa, including those of Rav Kook, take this view.

If we look to the Talmud we find that it addresses the separation of men and women only in terms of the Ezrat Nashim (the women’s courtyard in the Second Temple), and of the great amendment made to the Tempe to accommodate the celebration of Simchat Beit HaSho’eva, the water libation ceremony which took place during Sukkot.

In the Second Temple there was a system of courtyards of increasing holiness, culminating in the Holy of Holies. One outer courtyard was ‘the Courtyard of the Women – Ezrat Nashim’, beyond which it is thought that women did not normally go.  Likewise there was a ‘Courtyard of the Israelites – Ezrat Yisrael’, beyond which men who were not of priestly descent did not normally pass.

The Ezrat Nashim, however, was certainly not a secluded and enclosed place designed only for the women, as a synagogue gallery is meant to be. It was a large outer courtyard where both sexes could mingle freely. It could not have been an area where women could go to pray quietly and separately, because the men had to pass through it to get to the courtyard of the Israelites and beyond.

Therefore we cannot deduce from the Temple architecture that the sexes were separated for the purpose of worship or assembly. Ezrat Nashim here means not a place reserved for the women, but the furthest point that the women generally went into the Temple (unless of course they were bringing a sacrifice to the priest)

Furthermore we know that the Ezrat Nashim was a busy place. Mishna Middot tells us:

“The Ezrat Nashim was 135 [cubits] in length by 135 [cubits] in width. And there were four chambers at its four corners each forty cubits square; they were not roofed over….And what purpose did they serve? The south-eastern one was the Chamber of the Nazirites, because there the Nazirites cooked their peace offerings, and cut their hair, and cast it beneath the pot; the north-eastern one was the Chamber of the Woodstore, and there the priests that were blemished searched the wood for worms, for any wood wherein a worm was found was invalid [for burring] upon the altar. The north-western one was the Chamber of the Lepers; the south-western one – Rabbi Eliezer ben Jacob said “I have forgotten what it was used for”, but Abba Saul says “there they stored the wine and the oil and it was called the Chamber of the House of Oil” [iii]

The place described scarcely sounds like the paradigm for separated and segregated seating, such as that above the main body of the synagogue in a balcony, or behind a mechitza. We come a little closer to such a possibility further on in the same mishnah:

“Originally [the Ezrat Nashim] was not built over, and[later] they surrounded it with a balcony so that the woman should look on from above and the men were down below in order that they should not intermingle. And fifteen steps went up from within it to the Ezrat Yisrael, corresponding to the fifteen degrees in the Book of Psalms, and upon them the Levites used to sing” [iv]

So a women’s gallery did exist for part of the time the Second Temple stood, and it was added after the Temple was built.    To find out why this structure was built we need to look at the mishnah and gemara in the Babylonian Talmud tractate Sukkah.

The mishnah reads:

“One who has not seen the rejoicing at the place of the water drawing (Simchat beit HaSho’eva) has never seen rejoicing in their life. At the conclusion of the first festival day of Tabernacles, they (the priests and the Levites) descended to the court of the women (Ezrat Nashim) where they had made a great enactment”

The gemara asks:

“What was the great enactment? R.Eleazar replied ‘As that of which we have learned. Originally [the walls of the court of the women] were smooth, but [later the court] was surrounded with a gallery, and it was enacted that the women should sit above and the men below.” Our Rabbis have taught. “Originally the women used to sit within [the Court of the Women] while the men were without, but as this caused levity it was instituted that the women should sit without and the men within. As this however still led to levity, it was instituted that the women should sit above and the men below”[v]

Note that the men and women swapped their quarters for the celebration, the men in the Court of the Women and the women in the smaller, inner Court of the Israelites.

So we have found the very first enclosure or gallery for women, but are left with two problems if we want this to be the source for the phenomenon either of separate seating or of mechitza.

First, the gallery spoken of in tractate Sukkah is of a temporary nature, erected only for this festival of Simchat Beit HaSho’eva (a festival which has not been observed for centuries).

Secondly, there are always problems in drawing a parallel between the Temple and the synagogue. While a synagogue may be a miniature sanctuary[vi],many activities particular to the Temple are not transferred to the synagogue (for example, the use of musical instruments is not acceptable in an Orthodox synagogue).

There is no reason why this once-a-year change in seating so as to prevent an over-enthusiastic celebration should transfer to the synagogue as a permanent relegation of women to a gallery or separated enclosure.  As Steinsaltz wrote:

“Simchat Beit HaSho’eva; as well as it being a religious commandment to be joyful every festival it is a particular commandment to rejoice on the days of the festival of Sukkot and thus they used to do in the Temple. On the eve of the first day of the festival they would prepare a gezuztra (enclosure or balcony whose finished side faced upwards) in the Court of the Women, so that the men and women would not mingle, and would begin festivities at the end of the first day. And so it would be for each of the intervening days of the festival. From the time that the evening sacrifice was offered, they would rejoice and dance the rest of the day and all of the night”[vii]

This is scarcely the practice today.

If the Talmud only mentions separated and segregated seating in the setting of the annual erection of the gezuztra in the Court of the Women (from which we can also infer that the gezuztra was taken down for the rest of the year), where does the practice begin?

The Codes do not specifically discuss the special women’s galleries in synagogues. Neither the Mishneh Torah of Maimonides (1135-1204) nor the Shulchan Aruch of Joseph Caro (1488-1575) refer to such a thing. This could be for one of two reasons:

It could mean that the law referring to mechitza and the separation and segregation of women was so well known that it was pointless to codify it, or else it could signify that the law was not known at all.

Certainly there are many instances in the Bible where the women are involved in public worship. The earliest example is in Exodus 38:8 when we are told about the serving women who did service at the door of the tent of meeting. Other references can be found in Leviticus 12:16, the Prayer of Hannah in 1 Samuel 1:12, the Shunammite woman in 2Kings 4:23 and there are many more.

The book of Nehemiah contains a specific reference to Ezra the priest reading the Book of the Law “before the congregation, both men and women, and all that could hear with understanding…in the presence of the men and the women” (8:2-3) and in 2 Chronicles we are told:

“And all Judah and Jerusalem mourned for Josiah. And Jeremiah lamented for Josiah, and all the singing men and singing women spoke of Josiah in their lamentations unto this day” (35:24-25)

Interestingly here we have a text which speaks of joint mourning, both men and women public lamenting, as distinct from the verse from Zechariah, used as a prop for the custom of separated worship.

We know too that the early Christians – who modelled themselves on contemporary Jewish observance – did not have separation of the sexes in worship. We read in Acts (1:13-14)

“These [male disciples] all continued with one accord in prayer and supplication, with the women, and Mary the mother of Jesus, and his brothers”  Further sources are Galations 3:28, Romans 16:12 etc.

Professor Shmuel Safrai of the Hebrew University is clear “from numerous sources” that women attended synagogue in antiquity, but that “there were no women’s galleries or any other known form of sex separation in synagogues”. He acknowledges that there might have been some internal division of sexes (for example women seated to the side or to the back), but if there were “there are no contemporaneous sources to describe them”[viii]

The exhaustive survey of the remains of ancient synagogues by Bernadette Brooten[ix] backs up Safrai’s claim. Having examined synagogue remains from the ruin of Masada (first century) onwards, her conclusion is unequivocal. There is absolutely no archaeological evidence for a women’s gallery or a separate women’s section in ancient synagogues. Instead she found much evidence of the prior assumptions held by the archaeologists who investigated this subject. She writes:

In a lecture on the Galilean Synagogue ruins held on 16 December 1911 in Berlin, Samuel Krauss said to his audience: “Now that we are inside the synagogue, let us first of all – as politeness demands – looks for the rows of the seats of our dear wives, non the supposition that something will be found which could be viewed as the remains of a ‘Weibershul’ in the synagogue ruins”

Following the demands of politeness, Mr Krauss did look for, and did find, the remains of what he called the women’s gallery in the ancient Galilean synagogues. The majority of modern Judaica scholars and archaeologists follow Krauss in both method and result – i.e. they look for a women’s gallery and they find one.

An example: In Gamla (destroyed 67CE) the synagogue is approached in its southeast corner by stairs coming up the side of the hill. An article in the Biblical Archaeological Review states that these stairs ostensibly led to an upper [women’s] gallery….. Further excavation in 1979 revealed that these steps are a continuation of a road leading up the side of a hill to the synagogue, and are thus leading to the synagogue itself, rather than a gallery”

Bluntly stated, Brooten’s conclusion is that a number of Palestinian synagogues clearly never had a gallery, and of the few where a case was made for a gallery by the archaeologists, the evidence examined did not support such a hypothesis. In the case of side rooms in the excavated sites, the general rule seemed to be that if a gallery could not be imaginatively reconstructed, then the side room was perceived as the women’s area. Otherwise it was assumed to be storage or a school room.

So, given that there is no strong biblical, Talmudic or archaeological case for a women’s gallery or a separate women’s section, we are left with a mystery. Where does such a fixture (and custom) come from?

The earliest written source is from the thirteenth century. Mordechai ben Hillel haKohen (1240? – 1298), a German rabbi and author, who wrote a commentary on the Talmud. On a discussion about permitted and prohibited actions on the Sabbath he noted:

“It is forbidden to set up any screen whatever on the Sabbath, unless it is for chasteness in general…. But a screen for general chasteness is permitted. For example, we are permitted to erect on the Sabbath the partition curtain between men and women, which is set up during the time of the rabbi’s sermon”[x]

Mordechai is using an existing practice to illustrate his point about work on the Sabbath. This is the first we know of such a practice, and it clearly shows that normally the women were not segregated within the synagogue, and that the segregation of men and women was done only to prevent impropriety during a sermon when the synagogue building was full.  By the time of R. Jacob ben Moses Moelin(Cremona 1565) the curtain is said to have been made from prayer shawls, strung across the room to form a divide[xi]

Other responsa on the subject of the separation and segregation of women in the synagogue all stem from the mediaeval period or later. For example Rashi (1040 -1105), commenting on a Talmudic passage which is dealing with men and women being alone together, says, “Where men and women come together either for the sermon or for a wedding, he should arrange earthenware jugs between them so that if they approach each other these would make a noise”[xii]

The Yalkut Shimoni (a midrashic work dating from the first half of the thirteenth century) cites the Tanna d’bei Eliyahu Rabba (a midrashic work composed in the second half of the tenth century, probably in Southern Italy) as follows:

“A man should not stand among women and pray, because he is likely to be distracted by the presence of women”[xiii]

It would seem that at some point in mediaeval times the notion of men being distracted from their obligatory prayer by the presence of women (also praying?) took hold. What was a problem in Second Temple times only during one very energetically celebrated festival became a problem for the Jewish community permanently. What remains unclear is – why?”

Several theories have been advanced. The dispersing of the Jewish population in Europe as the Crusades swept through Europe in the eleventh, twelfth and thirteenth centuries may have forced a hardening of attitudes towards the women, in common with the non-Jewish world outside. Some scholars believe that it is the influence of Islam on Judaism, which has encouraged it to hide its women away [xiv]

Possibly the separation and segregation was done to protect the women in some way. Certainly the separated and segregated seating is required only when there is an halachic obligation to gather, and so for weddings for example there is no need for such a partition. In the same way as the Talmudic law works on the principle that women do not need to put themselves in danger by exposing themselves to a dangerous situation in order to fulfil a religious commandment, the separating and segregating may have been a technique to protect those who were seen as the vulnerable sex.

Israel Abrahams wrote:    In the separation of the sexes the synagogue only reflected their isolation in the social life outside. The sexes were separated at Jewish banquets and home feasts no less than in the synagogue. If they did not pray together, neither did they play together. The rigid separation of the sexes in prayer seems not to have been earlier however, than the thirteenth century. The women had their own court in the temple but it is not impossible that they prayed together with the men in Talmudic times. Possibly the rigid separation grew out of the mediaeval custom- more common as the thirteenth century advances – which induced men and women to spend the eve of the Great Fast (Yom Kippur) n the synagogue. By the end of the thirteenth century, and perhaps earlier, Jewish women had their own prayer meetings in rooms at the side of, and a little above, the men’s synagogue. With which the rooms communicated by a small window or balcony. Or if they had no separated apartments, they sat at the back of the men’s synagogue in reserved places, screened by curtains [xv]

The idea that the separation and partition came about to protect chastity during Yom Kippur (and which then took on a life of its own) makes the most sense in terms of the innovation which was brought into the Temple on Simchat Beit HaSho’eva, and of the first textual reference by Mordechai ben Hillel haKohen

The Synagogue is seen as a place of reverence, and levity would be out of place. Thus, when the opportunity arose- a rowdy minor festival, a sermon in crowded building, a night when both sexes would be sleeping in the same large room – the erection of a separate screen would seem logical and desirable. The only problem is the ex post facto legitimization of this screen into a biblical command, building into it the devaluing and disappearance of the women. One must also question whether it is the right way to combat levity in the synagogue today, or whether it actually induces people to ignore the service in favour of elaborate signalling communication with each other

This would lead us into the question of where it is possible to change an age-old custom, and whether this would ‘Christianize’ the synagogue. To take the latter first. The early Christians copied the Jews in matters of ritual. They had men and women praying together because that was the age-old Jewish way. Add to that the fact that the gallery was taken into synagogue architecture from outside the Jewish tradition (it certainly did not feature in the ohel moed, the tent of meeting in the desert – nor the Temple as described in the Book of Chronicles, and one could ask whether removing the mechitza and the galleries from our synagogues might not in fact be bringing us closer to our architectural roots.

Krauss believed that the gallery was adopted by the Jews from the Greek style, and later copied by the Christians. Certainly many Christian chapels have very similar architecture.

Regarding the changing of a time honoured custom (and as this is the true source for the mechitza this is the crux of the matter) there is, as ever, more than one opinion.

One view would be that this is a relatively new custom which was made to prevent the reverence of the synagogue from being tainted by levity and unchastity. Since it now has the effect of alienating women from the service, and in their alienation causing them to chatter and laugh and try to catch the eye of others, tis innovation no longer serves its purpose and should be allowed to lapse, as so many customs have done throughout Jewish history.

The stringent view would be that in effect custom takes on the force of law. In the Jerusalem Talmud the response of the Sages to a request to change an ancestral custom was “do not deviate from the customary practices of your fathers whose souls rest in peace”. Thus it is inferred that to disregard customs instituted by earlier generations to safeguard religious practice is to dishonour those dead earlier generations. The proof text for this desire not to amend or to innovate within Jewish practice is taken from the Book of Proverb (1:8).  “Forsake not the teaching of your mother”. Somehow, when applied to the segregating of women behind thick curtains, or up into galleries away from the heart of the synagogue service, that is the biggest irony of all.

[i] Responsum by Rabbi Moshe Feinstein “On the law of Mechitza” reprinted in B.Litvin, “the sanctity of the synagogue” KTAV, New York 1987, 124

[ii] Ibid 120

[iii] Mishna middot 2:5

[iv] Ibid

[v] Babylonian Talmud tractate Sukkah 51a

[vi]Babylonian Talmud tractate Megillah 291

[vii] Rabbi Adin Steinsaltz, Orach ha Halachah, ad loc

[viii] Professor Shmuel Safrai, Tarbiz 32, 1963

[ix] Bernadette Brooten “women leaders in the ancient synagogue” Brown Judaic Studies 36, Scholars Press, California 1982

[x] Mordechai on Mishnah Shabbat 3 (n.311)

[xi] Sefer Maharil 38a

[xii][xii] 12Rashi on Babylonian Talmud tractate Kiddushin 81a

[xiii] Yalkut Shimoni 1, 934, cited in Litvin, The Sanctity of the Synagogue (note 1)

[xiv] Professor Shmuel Safrai interviewed in the Jerusalem Post 8th August 1986

[xv] Israel Abrahams “Jewish Life in the Middle Ages” 1896 Athenaeum, New York 1985

 

Parashat Noach and Rosh Chodesh MarCheshvan: – time to break the silence and speak out #metoo

Rosh Chodesh Marcheshvan is a special day for me – specifically it is the date on our Ketubah recording our chuppah (Jewish wedding)– and in my eagerness to be observant on that day and  I remember being slightly disappointed that the traditional wedding day fast in order to be cleansed of all ‘sin’ was overridden by the nature of the day.

I remember too the debate about the name of the month – would one write Cheshvan or Marcheshvan on the wedding document? The month may be free from festivals, but it was the beginning of our marriage – surely we couldn’t call the month “bitter Cheshvan” on that basis?

The eighth month in our calendar,  it may have come to us through the Akkadian/Babylonian language, and simply be a description of its place in the year, with  m’rach sh’van corresponding to “eighth month”.  Certainly the longer name of Marcheshvan is the one used in the Mishnah and in Talmudic texts, and the great rabbinic commentators Rashi, Ibn Ezra and Maimonides all give it this name, rather than the shorter Cheshvan.  And yet somewhere we lost that certainty and all sorts of traditions have grown up to explain why the month Cheshvan apparently has the prefix Mar. As I referred to earlier, the word can mean ‘bitter’ – leading to the idea that since this is a month with no celebrations at all, it is a bitter month. Others take the idea that Mar means a drop of water, and so see it as the word reminding us that in Cheshvan the rains must fall if we are to have good harvests and fill the aquifers, rivers and lakes in Israel. Yet others see it as a prefix denoting respect – we respect the beginning of our new lives post the festival marathon of Rosh Hashanah – Yom Kippur –Sukkot – Shemini Atzeret –Simchat Torah. Just as we want to live lives where we gain respect from others for our good actions, so we respect the month where we begin in earnest to live our ordinary lives as best we can.  There are many midrashim on the subject of MarCheshvan, and also about its other biblical name ‘Bul’, but this year something else struck me. The name Cheshvan written

חשון

Could come from the Hebrew root  חוש meaning “to make haste” or more likely from    חשה meaning “to be silent, or inactive”.

I have been thinking a lot about prayer recently, and about how we speak prayer and how we listen, how we actively seek connection with God and how we sometimes allow ourselves just to be, waiting through all the busyness and distractions of our lives for what in the First Book of Kings (19:12) is called  ק֖וֹל דְּמָמָ֥ה דַקָּֽה:

“The still small voice” or rather better – “the voice of slender silence”

Silence and contemplation can give great rewards in a prayer life. Time to reflect, to quieten the activity in our minds, to let go of all the “shoulds” and “musts” and imperatives of getting things done fast, no time wasted, hurry hurry hurry…..

The naming of Cheshvan seems to be a dissonance – the haste implied in one possible verbal root, the quietness and inaction in the other.

Add to that the water – bitter or otherwise – drip drip dripping into our consciousness, both life giving and life destroying – particularly when read in conjunction with parashat Noach, and Chesvan seems to be a deliberate puzzle. Are we to be still and hear the voice of God, are we to be active in God’s work? Are we to make haste or to make space and time?

Noah himself is a puzzle – he never speaks to God, he never speaks to the population whom he knows will be destroyed. He never argues for the living, nor warns them, nor engages with them in any way. Instead he makes haste to do what God has asked him. He is both silent and hasty, actively  creating the Ark, but entirely passive in the ethical or societal aspects of the narrative.

I have never felt comfortable with Noah. Even though this was my batmitzvah portion, I found the man himself unpleasant, I could not bring myself to identify with his story and this used to bother me a great deal.

Until this year when, like many other women across the world I found myself writing #metoo on my social media.

The idea was that “If everyone who has been sexually harassed or assaulted wrote “Me too.” as a status, we might give people a sense of the magnitude of the problem. Please copy/paste. #metoo”

The idea came about after the Harvey Weinstein exposure, to help provide support for victims, so they would know that they were not suffering alone in this, to try to prevent the backlash of victim blaming that rapidly appeared.

#metoo appeared all over the timelines of me and my friends and of men and women all over the world, and indeed the magnitude of the problem became clear for all to see. Many debates began – what counts as sexual assault? What counts as harassment? Were women being hypersensitive? Where were the men who didn’t seem to notice what was the everyday experience of so many women? Who were the men who were harassing women? How come the women had not spoken out before? What was the conspiracy of silence that allowed men to abuse their power over women, the open secrets that were simply not discussed?

And it hit me – the silence, the inactivity, which I often experience as a positive in my spiritual life suddenly had a different force – it became the silencing of the voices of victims, the inactivity surrounding the open secrets, the weapon of choice to enable the rich, powerful and protected to continue in their self-serving behaviour. It is the silence surrounding modern slavery and human trafficking when we buy clothes unrealistically cheaply, the real price paid by the factory workers who toil for long hours for very little reward. It is the silence surrounding the lack of a living wage for many people in this country, the silence surrounding the need for food banks and people who have to choose to be warm or to be fed – or even more stark choices around keeping a roof over their heads. It is the silence around domestic abuse and the routine and everyday harassment of women.  I could go on and on about what we keep silent about, not because we don’t know but because we don’t want to know and talking about it will make it more real to us.

Cheshvan is the eighth month of the year – symbolically seven plus one, completion plus one – it is the beginning again. In so many ways we are at the start of something where we can change the world if only we stopped our silence and made haste for justice. Noah is a salutary example – he kept his silence and the world drowned. Yes there was a new beginning, but that beginning was steeped in regret for a past that had not been resolved, merely suppressed and hidden in the depths.

Our voices do not have to be loud but they have to be heard. We need to speak out and we need to listen to the voices of those who have hidden their voices or whose voices have been suppressed by people more powerful than them.

Cheshvan is the time for us to challenge ourselves on when we are silent positively in order to hear the voice of God in the world, and when we stop being silent in order for God’s voice to speak out in the world. It is, we discover, the same voice. Beginning again doesn’t have to mean washing away the past as if it never existed; it means acknowledging the faults of the past and confronting them, working for change, creating a world which is better for our living in it. Last week we read of God asking Cain “where is your brother” and saying “the bloods of your brother are crying out to me from the ground”. Now as we reach Cheshvan and read the story of the generation of Noah it is time to hear the cries of those unjustly paying the price for the corruption of others more powerful than they, time to give the answer to Cain’s disingenuous response “am I my brother’s keeper?”

We are human beings, responsible for each other, responsible to care for each other, responsible for whistle-blowing improper behaviour, for calling out the power plays that make so many miserable.

As #metoo swept across social media, many protested that they did not know. We know now. And it is time to make haste, time  break the silence. A new beginning as we read about a new creation after the cleansing out of the corruption and abuses of power that had been tolerated for far too long.