Shofetim: authority cannot be taken it must be given, so stop the bullies and stand up for diversity in the Jewish world and beyond

“This parashah, more than any other in Deuteronomy, is concerned with what we would call authority: rightful action in a world full of wrongdoing; power that is right and not merely effective; rule by those who have a right to rule. A parade of authorities is delineated, starting with the word that opens the parashah and gives it its name—magistrates—and followed by officials, judges, priests, prophets, elders, kings, and, of course, the immediate and ultimate authors of the book who are the sources of its authority: Moses and God. We need authority desperately, the Torah teaches, because our very lives depend upon doing what is right—and that is difficult for us.” (Professor Arnold Eisen, chancellor, JTS. 2011)

I have been thinking about the whole idea of authority recently. Defined in dictionaries as being the ability to make decisions, to have power and control politically or administratively, to give orders and to enforce obedience, authority has a different meaning in Judaism – or at least it used to have.

Authority was always multifaceted – there were different groups who could wield only one part of the whole – the monarchy, the priesthood and the prophets all held authority, and in biblical times they kept each other in check.   The most dangerous of these was generally held to be the monarchy, God had not wanted the Jewish people to have a monarch at all, but acceded to the request in the book of Samuel after Samuel had warned the Israelites of how a king would exploit them if they insisted on having one but “Nevertheless the people refused to obey the voice of Samuel; and they said, ‘No, but we will have a king over us; that we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles’. (I Sam. 8:11-21).. and so began the unhappy monarchy of King Saul.

In Judges 9:7-21 we have the mashal of Jotam, a story that is sometimes told on Tu B’Shevat and reads a bit like a fairy story, but is in reality a biting allegory against monarchy:
Jotham, the youngest son of Gideon is the only one left alive after his older brother Abimelech has murdered all the other brothers and anointed himself as king. He escapes to Mount Gerizim, near Shechem and recounts the story of “the trees who went forth to anoint a king over them.”

The trees first ask the olive tree to be their king, but it refuses. “Should I give up my oil which honours God and people, in order to have power over trees?” The trees then ask the fig, and then the vine, both of which turn down the offer of sovereignty over the trees because they are already producing good fruits which honour God and people and each tree repeats the idea that they cannot do the good work they already do in producing fruits/oils/wines which benefit society at the same time as holding the monarchy.

Finally the trees ask the Atad – a bramble or thorn bush – to be their monarch  and this plant which produces nothing and has nothing to offer society except some shade, agrees to reign – and at the same time it issues a threat: ‘If you really want to anoint me sovereign over you, come and take refuge in my shade; but if not, then let fire come out of the Atad and consume the cedars of Lebanon!’ (Judges 9:15).

The Atad is a thorny tree, its shade is patchy, it has a wide ranging root system which drains the water and nourishment from the soil around it. It produces no fruits and has no benefits whatsoever to anyone else, though it is well adapted to survival in difficult terrain.

The allegory is clear in its context – the good people either do not want to be sovereign because they are already contributing greatly to society and this would suffer, or they see no point in acquiring a pointless status. The thorny unpleasant and selfish person/plant not only accepts the power with alacrity, but begins its reign with bullying and threats in order to keep the power.  Abimelech is the thorn in the context of the parable, but we see so many who take over power undeservedly or with bullying in our own world.

Leaving aside the current world political situation where leaders who are Atadim are grabbing power and manipulating and bullying others, I was thinking of our own Jewish world, where the mansplaining, the power grabbing over women’s bodies and voices, the conferences on women’s health or activities which are led by men, the advertising or even news stories where pictures of women have been edited out or the women completely disappeared – these are the Atadim grabbing power they should not have, and certainly there needs to be other power bases who can challenge and contain them, as in the biblical model of the three separate strands of authority.

Who will challenge them? There is “Flatbush Girl” who photoshops pictures from the frum community, there is the hashtag #frumwomenhavefaces ; there are Women of the Wall at the Kotel and there is attorney Batya Kahana-Dror—who petitioned the high court and is currently vying for the position of Rabbinical Courts director, and these all do good work. But where are the voices from the rest of the Jewish world? Where are the people challenging the Israeli Government demanding equality for all the citizens, male and female, Jewish and non-Jewish, as the declaration of Independence proclaims. Where are those people who can promote and defend a halachic system that is multifaceted and diverse?

The problem is with the word “authority” which has come to mean a singular, all powerful monopoly that cannot be challenged and that does not need to explain itself.

This is a modern phenomenon. Heck, even I am older than it, I can still remember the norm of rabbis being independent thinkers, of different regions having different and equally valid customs and practises, of vibrancy and creativity and innovation in the responsa literature. Now I meet people whose only approach is that that someone else told them the line they are taking and it cannot possibly be challenged.

Authority ultimately is seen as coming from God. We have in Talmud a series of blessings upon seeing leaders – In Berachot 58a we read :

The Rabbis taught: ‘On seeing sages of Israel one should say: “Blessed be the one who has imparted  wisdom to them that have awe of God.”

‘[On seeing] sages of other nations, one says: “Blessed be the one who has given wisdom to flesh and blood.”

‘On seeing kings of Israel, one says: “Blessed be the one who has imparted  glory to them that have awe of God.”

‘[On seeing] kings of other nations, one says: “Blessed be the one who has given glory to flesh and blood.”‘

It is clear from this that the wisdom and the glory that leaders have are divinely given, and in the context of Jewish leadership there is a relationship of awe and perspective between the human beings and God.   It is also clear that leadership exists in a number of different contexts and that different populations have different and valid leaderships. And it is abundantly clear that each leader must make of their leadership what they can, from their own skills, creativity and perceptions and that each is only a Jewish leader if they are not out for themselves but out to increase God in the world.

Sadly we seem increasingly in the orthodox world to have leaders who are more thorn bush than cedars, whose fruits are only about increasing their power and control over others and not about honouring God and people or about developing a thriving society where everyone can take part. Whether it be newspapers editing women’s faces (or whole selves) out of photographs, so that even Angela Merkel or Hillary Clinton have disappeared from recorded images, or adverts where apparently men only households eat the cereal or whatever is being advertised, or women being refused access to work positions, or women not being allowed to sing…… this is getting more and more ridiculous and the parable of Jotam increasingly relevant. We don’t need a centralised leadership in Judaism and up till now we have never had one. We don’t need the people who want to be powerful to take power over us – indeed we want them NOT to have access to the levers of power. And if we are stuck in a position like Yotam where it is happening anyway, then we must protest, we must raise our voices and say “not in my name” and most of all we must mistrust anyone who claims to have this authority and be clear that we are not about to cede it to them.

Authority ultimately must be consensus driven and agreed or it is bullying and oppression. And any threats from the Atad claiming their power or else there will be trouble must be faced and faced down.  We have history and authenticity on our side, let’s take our own authority too

#frumwomenhave faces #allwomenhavefaces #maleandfemalecreatedequal #halachahisdiverse

 

 

 

Bilhah and the man who mistook his wife for his bed

The last sidra in Genesis brings the denouement of the narratives of the rivalries in the founding family down the generations.  Many of the themes we have seen in earlier texts return to be developed or reworked so that a number of outstanding threads can be tied off. Both Jacob and Joseph will die in this sidra, the deaths and burials of the patriarchs and matriarchs will be recalled as Jacob requests he be buried not in Egypt but in the Cave of Machpela where all but Rachel have been laid to rest. There is a deathbed blessing where the two sons of Joseph, Ephraim and Manasseh, are blessed in a scene resonant of the blessings of Jacob and Esau by their father Isaac.  Except here the process of the blessing is explicit, both boys are present together, as is their father who tries to correct Jacob when he offers the ‘senior’ blessing to the younger boy. Jacob, whose eyes are now as dim as his own father’s had been, knows exactly what he is doing and refuses to be corrected, instead offering a blessing that harks back to the words given to his own mother when she enquired of God why she was in such pain – “[the older] also shall become a people, and shall be great; howbeit his younger brother shall be greater than he, and his seed shall become a multitude of nations.”

Reference is made to the dream Jacob had as a young man leaving Canaan where he encountered God and received the covenantal blessing, and the struggle at the Ford of Jabok when he received the name “Israel”. And then he calls his other sons to his bedside to offer them words of – well, words that are described traditionally as blessing, but seem to me to be words of challenge and bluntly painful truth. In the text, only Joseph and his two sons are the recipients of a beracha, the verbal root is not used for any of Jacobs other sons.

I had set myself the task of writing about the women who often hide in plain sight in the weekly sidra. Sadly in Vayechi, the matriarchs are all mentioned, but only in terms of their burials. There are two other women alluded to in the text –the mother of Ephraim and Manasseh,  Osnat/Asenath the daughter of Potiphera, the priest of On (see https://rabbisylviarothschild.com/2016/12/30/miketz-the-strange-case-of-the-disappearing-women-2/ to read about her) and Bilhah, the maid of Rachel who also bears sons with Jacob on behalf of Rachel and whose status seems to move around in the texts . While she is not named here, the event between Reuben and her years earlier are recalled to devastating effect on Reuben, the eldest son of Jacob, who should have been taking his place as the next link in the generational chain, but who is set aside instead, leaving the field clear for Joseph instead.

When we first meet Bilhah in Paddan Aram she is a servant maid: shifcha   השִׁפְחָ  belonging  to Laban and given by him to his younger daughter Rachel on her marriage, just as Zilpah had been given to Leah. (Gen 29:29)

When Rachel fears she will not be able to conceive a child, she gives Bilhah her שִׁפְחָה to Jacob as a wife – isha  הלְאִשָּׁ (Gen 30:3ff), and Bilhah has again been described in this passage as her maid, while  using a different word אֲמָתִי – a servant even less respected in the household than a shifcha.  The word shifcha is used again when Jacob divides his family across the ford of Jabok while fearing what Esau might do to them and her status with Zilpah and their sons is defined when they are put at the head of the procession, in the most danger. After Rachel’s death the narrative refers to her as פִּילֶגֶשׁ – pilegesh, often translated as concubine, but having real legal and social status, and therefore more correctly seen as a kind of secondary wife.

Bilhah herself never speaks. Yet as the mother of Dan and Naftali – albeit as a surrogate for Rachel – she is an ancestress. Even with the surrogacy/adoption process of her children, she and Zilpah (Leah’s maid) are still described as wives of Jacob (for eg Gen 37:2) but they are essentially only seen in relationship to their children. Her relationship with Rachel is coldly transactional from Rachel’s viewpoint. We don’t of course have any record of Bilhah’s feelings. So when Leah names the sons born to Zilpah there is at least some joy in the names and rationales she chooses (Gad= Fortune has come; Asher = happiness) but when Rachel names the sons born to Bilhah there is no such pleasure (Dan=God has judged me; Naftali=I have wrestled with my sister and won) so it seems that poor Bilhah really is only an object to those around her, her body to be used by both Jacob and by Rachel.

Bilhah is surely a candidate for being one of the saddest women in bible. And things only get worse for her after Rachel’s death. She now belongs to Jacob (she is his pilegesh) and in an almost entirely animal dynamic, Reuben his oldest son decides to stage a challenge to the older man by having sex with her.

The text in Genesis 35 is brief, but we can read into it if we look carefully:

 וַיְהִ֗י בִּשְׁכֹּ֤ן יִשְׂרָאֵל֙ בָּאָ֣רֶץ הַהִ֔וא וַיֵּ֣לֶךְ רְאוּבֵ֔ן וַיִּשְׁכַּ֕ב֙ אֶת־בִּלְהָ֖ה֙ פִּילֶ֣גֶשׁ אָבִ֑֔יו וַיִּשְׁמַ֖ע יִשְׂרָאֵֽ֑ל   פ

  וַיִּהְי֥וּ בְנֵי־יַֽעֲקֹ֖ב שְׁנֵ֥ים עָשָֽׂר:

“And Israel dwelt in that land, and Reuven went, and he bedded Bilhah the pilegesh/secondary wife of his father, and Israel heard      [break in the text but not in the sentence]

and the sons of Jacob were twelve.”

Why is there a physical break in the written text? What is it telling us is missing in the story?

What does Israel hear – can it be the screams of pain and distress by the woman Bilhah who has been so victimised by his arrogant eldest son? There is no story of kindness between them as in the story of Dinah and Shechem that is often called rape – so just how terrible must this abuse of power been that poor Bilhah had to endure? And why is her protest erased?

Nothing is said at the time, at least insofar as the text reveals, but Jacob clearly does not forget, and so in our portion this week reference is made in his deathbed words to Reuben.

 רְאוּבֵן֙ בְּכֹ֣רִי אַ֔תָּה כֹּחִ֖י וְרֵאשִׁ֣ית אוֹנִ֑י יֶ֥תֶר שְׂאֵ֖ת וְיֶ֥תֶר עָֽז: פַּ֤חַז כַּמַּ֨יִם֙ אַל־תּוֹתַ֔ר כִּ֥י עָלִ֖יתָ מִשְׁכְּבֵ֣י אָבִ֑יךָ אָ֥ז חִלַּ֖לְתָּ יְצוּעִ֥י עָלָֽה:

“Reuben, you are my first-born, my might, and the first-fruits of my strength; the excellency of dignity, and the excellency of power. Unstable as water, you have not the excellency; because you went up to your father’s bed; then you defiled it–he went up to my couch!”

I don’t know what I find more appalling. The act of Reuben who mindlessly slept with/raped a woman because he wanted to challenge his father and lay claim to his wife, or the ultimate response (after a long silence) by Jacob, who does not even name the woman, but refers to her as “my couch” יצוע, . To these men she is not a person, not a human being at all, but a possession akin to a beautiful piece of furniture whose only function is to show the status of its owner.  When Jacob tells Reuben that he no longer has the status and promise of the eldest son because of this action, it is because ‘hilalta’ – you have profaned/defiled – not the woman but his bed.  And the fact that he repeats the image of his bed being misused, (almost in a staged aside of disbelief at the actions of his son), only makes it clearer to us just how they ignore and erase the act done to this woman – she is either ‘mishk’vei avicha’ the beds of your father (the place where he has sex) or y’tzui – my couch.        Again contrast with the story of Dinah when Shimon and Levi justify their own horrific violence against Shechem with the question that hangs at the end “shall they treat our sister like a prostitute?” Yet here, there is no avenging the act done to Bilhah – she may be the mother to two of their brothers, yet she is less than nothing to them.

Bad as this text is in its erasure of Bilhah and her pain and outrage, sadly there is a tradition which goes on to blame her for Reuben’s act.

In the pseudopigrapha – specifically the text “the Testament of Reuben” we find the need to besmirch and defame Bilhah is given free rein. Written possibly in the second Temple period it follows the literary conceit of a farewell address written by the sons of Jacob. The words ascribed to Reuben tell his descendants not to be sexually profligate in youth as he had been when he slept with his father’s wife, as he had been struck by an illness and only the prayers of his father had saved him. He continues:

Pay no heed to the face of a woman, nor associate with another man’s wife, nor meddle with affairs of womankind. For if I had not seen Bilhah bathing in a covered place, I would not have fallen into this great iniquity. For my mind taking in the thought of the woman’s nakedness, suffered me not to sleep until I had wrought the abominable thing. For while Jacob our father had gone to Isaac his father, when we were in Eder, near to Ephrat in Bethlehem, Bilhah became drunk and was asleep uncovered in her chamber. Having therefore gone in and beheld nakedness, I wrought the impiety without her perceiving it, and leaving her sleeping I departed.”

There are echoes here of Noah, of Lot and his daughters, of David and Batsheva. But whereas they were not held responsible for their actions, here Bilhah bathed where she could be seen, got drunk, slept in a lewd position and was not even aware of the rape – shades of what used to be called “contributory negligence”.

Rabbinic literature does not only not help Bilhah, but it seems more concerned with protecting the reputation of Reuben, even while explaining why the status that should have been his went to Judah. The Mishnah (Megillah 4:10) suggest that the verse should not be translated when read out in the synagogue, so that the people who did not know Hebrew would not learn about it.  Talmud (BT Shabbat 55b) has R.Shmuel bar Nachman quoting R. Jonathan and saying “Anyone who says that Reuben sinned is wrong, for it is said “now the sons of Jacob were twelve” so all were equal [in sin]..and when bible says he slept with Bilhah the concubine of his father, it means only that he moved his father’s bed without permission and scripture ascribes blame AS IF he had slept with her.” The rabbis are falling over themselves to find Reuben innocent of the terrible act that bible records quite bluntly. They are unaware of either the person or of the plight of Bilhah. How true it is that we don’t notice what is not important to us, but make our world only out of what we see and care about.

Bilhah is the ultimate victim – only her name and those of her two sons are known and recorded. Her life of service begins with being owned by Laban, then Rachel, then Jacob, then Reuben. What else happens to her? Who knows – no one seems to have cared.

Occasionally there is a move towards adding Bilhah and Zilpah to the matriarchs in our prayers. I have always been ambivalent about this, as neither of the women has any relationship with God or prayer that might add to ours. But I am pressingly aware that Bilhah and Zilpah bore and mothered sons to Jacob, they are the ur-ancestors of the twelve tribes just as the ancestors we name. And their story is as much part of our history. A real violence has been done to them – and in particular to Bilhah who is objectified beyond any awareness of her humanity. Her story must once again be told and the gross act of abuse condemned. It is said that the Shechinah weeps over the exile of the children of Israel. The weeping of Bilhah abused at the hands of those same children must also be heard and acknowledged.

The work of the yamim noraim – our teshuvah and the teshuvah of God

The ten days between Rosh Hashanah and Yom Kippur always have such a strange quality about them.  On the one hand there is the imperative for active introspection – to search, to think, to pray, to critically examine our behaviour over the past year. There is the knowledge that we should be going out of our way to make things better – and at the same time the slight embarrassment about our trying to do exactly that.  Then there is the  awareness that whatever is going on in our heads and our private worlds,  out there in the world people are continuing exactly as normal, indulging in office politics say, or scheming and manoeuvring to be the first or get the most. Salesmen still offer their inflated claims for their products, school bullies continue to rule the playground – whatever our good intentions, the world isn’t going to change because of what we Jews are doing.

We even know that – after all, what is the kol nidrei prayer except an exercise in apologetics, in effect we are saying – “dear God, we are only frail human beings, please don’t hold us to all those good intentions, those promises that we were really going to change this year.”

It is such disjointed time, during which our minds are holding such incongruous ideas, that it is a wonder we don’t simply explode with the effort required to make sense of things; that or give up. Each of us has had our own pain over the past year – whether it was the fracturing of our lives through the deaths of family or friends, illness or lost relationships or work – our worlds can change abruptly and apparently randomly and it surely makes us question the whole point of what we are doing, this uniquely Jewish process of setting aside time for spiritual catharsis and divine forgiveness.   What is the point if we can’t change much, if we can’t protect our loved ones from a seemingly capricious power, if we can’t persuade God that we deserve a measure of guardianship from suffering, if we can’t see a reward for all our hard work?  What kind of God are we returning to when we make Teshuvah? What kind of religion are we affirming as we join together and recite texts which include the apparent attempted murder of a son by a father desperate to show loyalty to God, which include the images of the book of life and the book of death, which include a graphic martyrology section.

We may be uncomfortable with the welter of different ideas all living and growing in our minds.  We may be questioning our reason for being here today, drawn by an atavistic need to be with Jews as the dread day of Yom Kippur begins.  We may be confused or angry with God, we might even be embarrassed by our presence here today, viewing it as a superstitious ritual with no real relevance to our own lives, yet here we all are, and it is our very presence together that matters – it means that we haven’t quite given up, whatever the pressures and the temptations to do so.

Ever since I was quite small I used to wonder, what does God do on Yom Kippur? I used to try to imagine for myself – ‘Is God sitting like some ancient law lord, presiding over the panelled celestial courtroom as each life is weighed in the balance?  Is God enthroned in majestic glory, watching the sad grey souls parade in front of him like sheep?  Will God really know what I am thinking, will God know all the little cheats and lies that I have been party to, and if so what will happen to me?’

It took me years to move behind some of the imagery of the machzor, to stop focussing exclusively on my own petty guilts and to dare to attempt a little dialogue.  But when I did that I began to understand something different about this day, began to forgive a little more.

What does God do on Yom Kippur?

The clue to answering this question is found in the timing of the festival, and is also reflected in the choice of our Torah reading which includes some verses which echo through and through the liturgy.  Yom Kippur is biblically given as a date, the tenth of Tishri, described as a time designated as a day for atonement, for afflicting our souls.  In Temple times it became the focus of a major priestly ritual connecting the people of Israel with their creator.  Since rabbinic times we have used it more personally as a time for reflecting with humility on our lives, upon the fractured nature of our relationship with God – broken, we begin to understand, because of our own behaviour, our own pride and refusal to engage with God.  But this practise of introspection and of trying to make good isn’t an explicitly biblical command – in fact it isn’t all that clear in the bible what Yom Kippur is really for.  Unlike the other biblical festivals it isn’t an agricultural date celebrating the safe ingathering of a harvest, nor does it commemorate an historical or even an obvious theological event.  But there is one tradition – a very early one, (Seder Olam Rabba – 2nd century),  which tells us that the tenth day of Tishri  is the date on which Moses brought down from Sinai the second set of the tablets of the law.

This then is understood to be the date when, after the Children of Israel had sinned with the Golden Calf having feared that Moses had died, and after Moses had returned and angrily thrown down and destroyed the first set of the Ten Commandments, God gave us another chance – and we gave God another chance too.

So what does God do on Yom Kippur? Just like us, God makes Teshuvah – God forgives us for the mistakes we have made, and God creates the opportunity for us to add our pardon to that of the divine creator.

God making Teshuvah – it is a strange, almost frightening concept, yet it is also a vital one if we are to maintain a relationship with God. We do not live in the cosy world of childhood which tells us that if we are good nothing bad can happen to us, that if our parents are present no evil thing can frighten us.  We live in an imperfect world, where disease and accidents can happen, where we do our best to make sense and order but still have to live with the nonsense and disorder that are part of real life.  We live in a world of imperfectly understood mechanisms, of sudden floods or terrible droughts, of bad things happening to good people, of innocent people caught up in situations not of their own making.  We live in such a world because it is an inevitable concomitant of our functioning as full human beings.  If we did not, we would still be in the Garden of Eden and God would still be protecting us by not allowing us to experience our world fully, or take decisions, or be responsible or adult.

In the tradition of the mystic literature, the analogy is made that God has withdrawn or shrunk Godself from our world to make space for us to be in it without being overwhelmed by and subsumed into the presence of God.  And with that lessening of the total presence of God there come the inevitable consequences.

But while it might be said that God is slightly apart from our world, we also know that God has given us abilities and understanding – texts which teach us how to increase the presence of God in the world through our own efforts, souls which contain the spark of God within them, the ability to communicate, to feel, to make relationships with each other, to support and comfort each other, self awareness, moral discrimination, the ability to choose how we are in the world – all these things are gifts from God, and all of them are double edged – we can choose not to use our gifts, or we can choose to distort them or be distorted by them.

We live in an imperfect world because we live in a human one, and that is painful for us as I believe it is for God.  God, having created us and having given us independence of spirit waits for us to seek God.  And at Yom Kippur as we feel the urge to somehow come back, to make Teshuvah, to understand a little of our what our lives  may be about, God too feels the need to turn to us, to help us as we go through the process of self examination, to make the journey that is too hard for us, to make Teshuvah as well.

God forgives us for the mistakes we have made in the past year, allows us the opportunity to acknowledge them, to make amends, to put them behind us. Our scripture tells us about what happened immediately after the episode of the Golden Calf. It would have been so easy for God to give up on us then, to start again with another group, to allow the pain and anger and frustration to dictate the end of the relationship, but that is not what God did.  And it is not something that we can do either.  Confused or angry,  doubtful or deeply hurt – Yom Kippur calls us back to God and demands that whatever our feelings we must engage, must enter the dialogue, must enter the presence of God and struggle with what that means.  As we begin the 25 hours of Yom Kippur, acknowledging that all of us have failed, acknowledging too that we will make mistakes again in the future, wondering what the point might therefore be, it is important for us to simply take the time to consider that the point might reside simply in our actively being here, might be found in our refusal to accept all that the machzor sets out for us, might inhabit our doubts and our negative feelings as much as any sense of spiritual satisfaction.  On this day we turn to God and find that God is already turned towards us, waiting for our engagement with the fundamental issues of our identity, willing us to forgive and to be forgiven, comforting us as well as challenging us, demanding that we live our lives the best way we can, reflecting our creator and bringing about much needed repairs to ourselves and to our fundamentally damaged world.