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.

 

 

 

Balak: the lies of leaders are a danger to us all; or “the tendency to fake news is all ours”

 

לֹ֣א אִ֥ישׁ אֵל֙ וִֽיכַזֵּ֔ב וּבֶן־אָדָ֖ם וְיִתְנֶחָ֑ם הַה֤וּא אָמַר֙ וְלֹ֣א יַֽעֲשֶׂ֔ה וְדִבֶּ֖ר וְלֹ֥א יְקִימֶֽנָּה:

God is not a man, that He should lie; neither the son of man, that He should repent [the agreement]: when God has said, will God not do it? Or when God has spoken, will God not make it good?

Balaam is speaking to Balak, explaining why he cannot perform the cursing of the people of Israel. He has tried, even though he knew from the outset that this was a professional job that was doomed to failure, but whether it was vanity or a belief he could change God’s mind, or simply the money was so good he thought it worth the shot – in this final exchange between Balak the King of Moab and the well-respected gentile prophet whose relationship with God is documented in bible, Balaam has to tell Balak that however many bulls are sacrificed on however many mountain tops, the cursing of the people of Israel is not going to happen. Indeed, after one final attempt following this exchange, Balaam will open his mouth and declare the words “Mah tovu ochalecha Ya’akov” – (how good are your tents” and the blessing of the Israelites that follow them.

It is a well-known story, beautifully crafted with humour and some mystery and growing tension, and a crowning blessing. But it is the phrase that Balaam tells Balak that stuck out for me this year – God is not a human being who would tell lies, not a human being who goes back on their word, but God speaks and it will happen, God says and it will be established.

Lo Ish El, vi’chazeiv – “God is not a man, a teller of lies. God is not Someone who says they will do something and then go back on their word”. And it struck me just how powerful these words are, when spoken to a political leader.  For by implication at least, Balaam is speaking truth to power and pointing out to Balak that he, the King of Moab, is someone who might lie, offering one thing and doing another.

We are living in a world where our leaders and those in power are doing just that too. Every news broadcast seems to bring yet another story of people who lied in order to manipulate a vote – famously at the referendum for Brexit when many were swayed by the words on a bus chartered by the official campaign to leave: “We send the EU £350 million a week let’s fund our NHS instead” because they understood it to mean that  a vote for Brexit would mean the money sent to the EU would be given to the NHS instead, only to be told later “let’s give” is not a promise, and any monies that MIGHT be given to the NHS would not have to even approximate £350 million. Chris Grayling said that the promised £350 million per week was ‘an aspiration’, not a promise, Nigel Farage also immediately backtracked saying it was “a mistake”. Iain Duncan Smith also backtracked, denying promising the money would be spent on the NHS, saying ‘It is not a promise broken, I never said that through the course of the election, what I said was we will be able to spend the lion’s share of that money’.

Lies are told about migrants – while we know that immigration brings with it the forces that will help an economy thrive, the narrative of the right wing politicians is of displacing native workers, using resources that were not created by them, both taking jobs AND claiming benefits etc. By whipping up fear of “the other”, politicians are able to displace the blame for previous poor decisions on funding hospitals and schools, investing in the future etc. and by such misdirection and distraction keep themselves in power and keep the populace obedient.

Lying is part of the political discourse – the famous saying by the 17th century diplomat and politician Sir Henry Wotton “An ambassador is an honest gentleman sent to lie abroad for the good of his country” has aged well. We know that many public servants have learned to cherry pick information to give to their leaders so as not to incur their fury, or ministers hiding difficult decisions by releasing them when people might easily miss them. Famously as the twin towers burned on September 11th, British politicians and their spokespersons thought it a good day to “bury bad news”

We can watch the White House press conferences open-mouthed in horror as obvious and easily checkable lies are promulgated as truths. Just yesterday, Trump announced to a rally “We love the countries of the European Union. But the European Union, of course, was set up to take advantage of the United States.”  Note that “of course”.  He was not challenged; suddenly it appears that the European Union, the project set up after the war to build relationships within Europe, was designed to be an enemy of America.

The examples go on and on sadly. Misinformation, Fake News, Lies, or as the British MP Alan Clark called it “Being economical with the actualite” (when giving evidence in a trial about what he had told Parliament about what was happening) – we are sadly used to those in power having little regard for honesty, truthfulness, or the integrity of doing what they say and saying what they do. While it is not in fact an essential prerequisite for holding power, it has become an ingrained habit in many. Balak too no doubt, whose name means “to lay waste”, whose fear of the Israelites, their large number and what they had done to the Amorites, first consults with the elders and then calls on Balaam to curse the people who are coming towards his land. He will not take no for an answer. He offers wealth and honours, and curiously “v’chol asher tomar elai, e’esse” whatever you say to me [to do] I will do  – something that Balaam will later throw back at him in his words about God quoted at the beginning of this piece.

What can we make of this? Balaam is telling Balak that God does not lead by lying to the people, by misinformation or going back on promises. On the one hand this is a statement of faith in the faithfulness of God – the people and God have a covenant, it is unbreakable and it will continue.

But it is also saying something about people – in particular but not exclusively about leaders. We are so used to being lied to, misinformed or not informed, promised things before an election that mysteriously vanish once the election has been held, told that information in “sensitive” or “confidential” and therefore must be kept from public view; we are becoming used to social media platforms churning out partial truths and television presenters allowing their interviewees to speak unchallenged and unexamined.

Yet the model for leadership is presented here by Balaam is a good one. Not to lie. Not to renege on an agreement.  To do what one has said one will do. To speak and to follow through about what was said.

Jewish tradition has always recognised that for some, leadership is an aspiration in order to enhance the self – to gain wealth or respect or status. It has also always recognised that leadership concentrated in the hands of too few is dangerous – hence the biblical model of the monarchy, the priesthood and the third office- prophet or judge or elder. None has all the power; there are checks and balances built into the system

The Talmud reminds us that “One who is appointed over a community becomes the servant of the community,” (Horayot 10b), the (12th century) tosafot on Mishnah Sanhedrin (7:2) comments “One who is wise, humble and fearful of sin may be made a community leader. There are many such statements in our texts.

Leadership is a position requiring less ego and more humility – look at Moses, leader par excellence, whose leadership alongside that of Aaron and Miriam was marked by doubt and by questioning. Leadership involves not only holding the vision of which direction to go, but building the consensus among the community in order to bring them with.

We have forgotten – or maybe simply let go of – the importance of the qualities of service to the community of those in a leadership role and allowed it to become inflated and self-important, laying waste to communities as it does so. We have too many “Balaks” in positions of power and we are allowing them to increase fake news and lies in the public discourse and destroy the communities so carefully and painstakingly built up over the years. Talmud Yerushalmi has a sobering reminder for us ““As the leader, so the generation; as the generation, so the leader.” (Talmud Yer. Arachin 17a)

 

 

 

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.

 

 

Korach:the Brexit challenge of its day

Sometimes the concatenation of torah portion and world events is simply eerie.  In the UK we are dealing with the fallout of a leadership bid that spectacularly exploded outside of the narrow boundaries of party politic where it should have remained, and in bible we are dealing with the fallout of a leadership bid where the ambition of the leaders of the revolt harnessed popular opinion from those who felt marginalised and deserted by the ruling elite leading to a spectacular implosion of those ambitious challengers.

Korach, a Levite and cousin of Moses and Aaron (his father Izhar and their father Amram were brothers) felt that Moses and Aaron had taken too much power, and that others in the community were equally competent to lead and were dissatisfied at being treated as being less than the ruling group. Along with Datan and Abiram and On ben Pelet and two hundred and fifty men of standing in the community he came to challenge the right of the leadership to continue.

רַב־לָכֶם֒ כִּ֤י כָל־הָֽעֵדָה֙ כֻּלָּ֣ם קְדֹשִׁ֔ים וּבְתוֹכָ֖ם יְהוָֹ֑ה וּמַדּ֥וּעַ תִּֽתְנַשְּׂא֖וּ עַל־קְהַ֥ל יְהוָֹֽה:

You take too much upon you, seeing all the congregation are holy, every one of them, and the Eternal is among them; why then do you raise up yourselves above the assembly of the Eternal?’ (16:3)

Moses’ response was to fall on his face. He did not argue back, nor justify his leadership at this time, but seems to have been paralysed for a moment, and then he puts the onus for supporting his status on to God. A charitable reading would be that Moses was prostrated in prayer, to ask for divine guidance, but this is not recorded in the text, so what happens next seems to have come more from Moses’ mind than from God.

He spoke to Korach and all his company, saying: ‘In the morning the Eternal will show who are God’s, and who is holy, and will cause them to come near to God; (16:5) and then told Korach and his followers to take their firepans the next day and put fire and incense in them, and God would show who would be chosen, who was holy. He challenges the Levites in Korach’s group – they already have a role and status in supporting the worship ritual, are they trying to take on the role of the Cohen, the priest, as well as that of Levite, the enablers of the priests?

Then follows a strange hole in the narrative – Moses says:

לָכֵ֗ן אַתָּה֙ וְכָל־עֲדָ֣תְךָ֔ הַנֹּֽעָדִ֖ים עַל־יְהוָֹ֑ה וְאַֽהֲרֹ֣ן מַה־ה֔וּא כִּ֥י תַלִּ֖ונוּ [תַלִּ֖ינוּ] עָלָֽיו

Therefore you and all your company that are gathered together against the Eternal–; and as to Aaron, what is he that you murmur against him?’

What is the ‘therefore’ referring to? What causes the leap from accusing the rebels of challenging for the priesthood to accusing them as rebelling against God? Why does he appear to break off from this startling reframing of the rebellion and ask about Aaron specifically?  The rebellion is against both Moses and Aaron, but Moses seems to be taking himself out of the equation, viewing the – quite legitimate – complaints as being about the priesthood, and not about his own style of leadership.

Having categorised the rebellion as being about something rather different than what it really was about, he turns to the sons of Reuben, the descendants of the first born of Jacob, the tribe who might really have had a claim to leadership on the grounds of primogeniture and the inheritance hierarchy of the biblical world.

But Datan and Abiram are not cowed and they are not willing to come to him on his call, interestingly saying   לֹ֥א נַֽעֲלֶֽה we will not come up. Not that they will not come to him, but that they will not ascend/rise up. There are two very different understandings of this odd verb – one, that even while professing that they have an equal right to leadership their language betrays them – they see Moses as having a rightful higher status than them; or that while challenging Moses’ right to hold leadership, they refuse themselves to step up to the role, preferring to complain and challenge from the sidelines but without any intention of taking responsibility for the consequences of what they are doing.

Yet they are certainly prepared to complain and to paint a picture of failure and fault.

“Is it a small thing that you have brought us up out of a land flowing with milk and honey, to kill us in the wilderness, but you must also make yourself also a prince over us?  Moreover you have not brought us into a land flowing with milk and honey, nor given us inheritance of fields and vineyards; will you put out the eyes of these men? We will not come up.'(16:13-14)

Fabricated nostalgia paints a false picture of the past which is the set against the present situation. One might paraphrase it as “We came from milk and honey and we are not now given milk and honey, nor the other benefits you told us we would acquire on leaving Egypt and going to the Promised Land. And you are creating a climate of fear here where people who dissent fear for their health and wellbeing, so we will not do as you ask”  The Reubenite challengers are constructing an alternate reality in public view in order to bolster their position without in any way arguing their case or indeed using factually correct information. Egypt was most certainly NOT a land of milk and honey for the Israelites, the people are not yet arrived at the destination they are travelling towards and therefore the inheritance is not yet possible, and nowhere has the putting out of eyes of the men been mooted. But now this view is in the public domain, put forward by men of standing in the community, and there will be those who will believe it to be true, whose anxiety and disaffection can be harnessed, and the pressure is on Moses and Aaron to disprove it.

Datan and Abiram are gifted demagogues, agitating the people with manipulative appeals to popular prejudice and unfulfilled wishes. This is a dangerous moment for the people of Israel, with discontented murmurings and denigrations of the leaders’ activities and plans. They have used the language of future prosperity against current reality and against a rose tinted past that had never existed. Should they take over the leadership, what would have happened? God had not chosen them, did not seem to speak to them nor, from what the text tells us, had any relationship with them. The tribe of Reuben, who should have ordinarily have had access to leadership had lost it through the selfish and transgressive act of Reuben himself, who slept with Bilhah, mother of some of his brothers.

As Jacob lay on his deathbed, he addressed parting words to his sons, and spoke of Reuben like this:

Reuben, you are my first-born, my might and first fruit of my vigour, Exceeding in rank and exceeding in honour.Unstable as water, you shall excel no longer; For when you mounted your father’s bed, you brought disgrace-my couch he mounted! ((Gen. 49:3-4)

And yet Datan and Abiram chose to ignore the shame that lost them their tribal dominance, and stand against Moses and Aaron, presumably in the hope of restoring that advantage for themselves again.

The rest of the story is simply awful. God enters the narrative, telling Moses and Aaron to “separate yourselves from this congregation, that I may consume them in a moment” and they respond by asking God “Shall one man sin and you be angry with the whole community?”  Should the whole community pay the price of the arrogance of the group who challenged?

The test of the firepans leads to the public and horrible spectacle of the rebels and their families swallowed alive when the ground beneath them opened up momentarily, so that they fell into a pit which closed over them.  The two hundred and fifty men of renown who had supported the rebels and who had brought their fire pans and incense were destroyed by a fire that came ‘from the Eternal’ and the rest of the Israelites fled in panic and disarray, terrified by what had been unleashed, terrified for their futures.

So what do we learn? We learn that rebellion against leadership that comes from thwarted ambition is a dangerous event, all the more so when those who lead the rebellion are skilled demagogues who manipulate the language and the reality so that the majority of the people are left confused and unclear.  We learn that leadership needs to be firm and fairly applied, that leaders should not distance themselves from the people and their concerns, take them seriously rather than see them as distractions to the long term plan and irrelevant. We learn that ALL the people have value, all of us matter, and to discount us or ignore us is a strategy that will backfire in time as enough frustration and anger builds for someone to come and use it for their own purposes. We learn not to trust thoughtlessly, but to research and learn for ourselves, to see the world around us through our own eyes and not through the filter of those with an agenda of their own.

Sometimes the Torah portion speaks to the moment in a particularly powerful way. Korach and his fellow leaders were not ab initio coming from a false position, all the people ARE holy, Moses and Aaron’s style of leadership WAS autocratic and did not take account of the feelings of the people enough. But from a platform of rational and defendable positions they shifted to irrational and indefensible actions and a terrible scenario was let loose which had implications for the entry into the land for a generation.