Tu b’Shevat – make us more tree

Mishnah Rosh Hashanah begins with two different set of four dates – the first mishnah speaks of the four new years for taxation/institutional official purposes-

אַרְבָּעָה רָאשֵׁי שָׁנִים הֵם. בְּאֶחָד בְּנִיסָן רֹאשׁ הַשָּׁנָה לַמְּלָכִים וְלָרְגָלִים. בְּאֶחָד בֶּאֱלוּל רֹאשׁ הַשָּׁנָה לְמַעְשַׂר בְּהֵמָה. רַבִּי אֶלְעָזָר וְרַבִּי שִׁמְעוֹן אוֹמְרִים, בְּאֶחָד בְּתִשְׁרֵי. בְּאֶחָד בְּתִשְׁרֵי רֹאשׁ הַשָּׁנָה לַשָּׁנִים וְלַשְּׁמִטִּין וְלַיּוֹבְלוֹת, לַנְּטִיעָה וְלַיְרָקוֹת. בְּאֶחָד בִּשְׁבָט, רֹאשׁ הַשָּׁנָה לָאִילָן, כְּדִבְרֵי בֵית שַׁמַּאי. בֵּית הִלֵּל אוֹמְרִים, בַּחֲמִשָּׁה עָשָׂר בּוֹ:

They are four New Years: On the first of Nisan is the New Year for kings; And for (the order of) the Festivals, On the first of Elul is the New Year for animal tithes; Rabbi Elazar and Rabbi Shimon say: on the first of Tishrei. On the first of Tishrei is the New Year for years, (including for counting)Sabbatical Years and Jubilee Years, for planting young trees , and for (tithing) vegetables, On the first of Shevat is the New Year for the tree in accordance with the statement of Beit Shammai. But Beit Hillel say: The New Year for trees is on the fifteenth of Shevat.

The second Mishnah tells us about the four days of judgement:

בְּאַרְבָּעָה פְרָקִים הָעוֹלָם נִדּוֹן, בְּפֶסַח עַל הַתְּבוּאָה, בַּעֲצֶרֶת עַל פֵּרוֹת הָאִילָן, בְּרֹאשׁ הַשָּׁנָה כָּל בָּאֵי הָעוֹלָם עוֹבְרִין לְפָנָיו כִּבְנֵי מָרוֹן, שֶׁנֶּאֱמַר (תהלים לג) הַיּוֹצֵר יַחַד לִבָּם, הַמֵּבִין אֶל כָּל מַעֲשֵׂיהֶם. וּבֶחָג נִדּוֹנִין עַל הַמָּיִם:

At four times of the year the world is judged: On Passover judgment is passed concerning grain; on Shavuot concerning fruits that grow on a tree; on Rosh HaShana, all creatures pass before Him like sheep [benei maron], as it is stated: “He Who fashions their hearts alike, Who considers all their deeds” (Psalms 33:15); and on the festival of Sukkot they are judged concerning water, i.e., the rainfall of the coming year.

At first sight, the connection between the two seems to be simply that the author of the Mishnah is grouping sets of four. But look a little closer and we see some quirks within the texts that draw attention – specifically I’m interested in the preponderance of trees – three of the eight special days mention them, and that in fact each time rather than mentioning trees (plural), the mishnah speaks of “tree” (singular) – even though the mishnaic word for tree – Ilan – has a regular plural.

The word for tree in bible is עץ  (eitz) whereas the rabbinic literature tends to use the word  ָאִילָן ilan”, influenced by the Aramaic, and also probably in order to distinguish more between different species of tree. 

Curiously in Biblical Hebrew, the word עץ seems to mean either ‘a’ tree (singular) or trees (plural), and when found in the plural form עצים (eitzim), the meaning is never “trees”, but “wood”.

It is likely to be a two letter root, though it may be derived from יעץ ya’atz – meaning to advise or to counsel, or the verb עצם atzam – to be strong or mighty, from which we get the noun  עצם etzem, meaning bones.  Or it could be connected to עצה meaning to bind or to attach.

What does this tell us about ancient Judaism’s view of trees?  Trees appear frequently in our texts and at critically important junctures in the narratives.. In the first story of Creation, on the third day God separated the sea from the dry land and then created the very first living things – trees.

וַיֹּ֣אמֶר אֱלֹהִ֗ים תַּֽדְשֵׁ֤א הָאָ֙רֶץ֙ דֶּ֗שֶׁא עֵ֚שֶׂב מַזְרִ֣יעַ זֶ֔רַע עֵ֣ץ פְּרִ֞י עֹ֤שֶׂה פְּרִי֙ לְמִינ֔וֹ אֲשֶׁ֥ר זַרְעוֹ־ב֖וֹ עַל־הָאָ֑רֶץ וַֽיְהִי־כֵֽן׃

And God said, “Let the earth sprout vegetation: seed-bearing plants, fruit trees of every kind on earth that bear fruit with the seed in it.” And it was so. (Genesis 1:11-12)

In the second creation story we read וַיִּטַּ֞ע יְהֹוָ֧ה אֱלֹהִ֛ים גַּן־בְּעֵ֖דֶן מִקֶּ֑דֶם וַיָּ֣שֶׂם שָׁ֔ם אֶת־הָֽאָדָ֖ם אֲשֶׁ֥ר יָצָֽר׃

The ETERNAL God planted a garden in Eden, in the east, and placed there the Human who had been fashioned.

וַיַּצְמַ֞ח יְהֹוָ֤ה אֱלֹהִים֙ מִן־הָ֣אֲדָמָ֔ה כׇּל־עֵ֛ץ נֶחְמָ֥ד לְמַרְאֶ֖ה וְט֣וֹב לְמַאֲכָ֑ל וְעֵ֤ץ הַֽחַיִּים֙ בְּת֣וֹךְ הַגָּ֔ן וְעֵ֕ץ הַדַּ֖עַת ט֥וֹב וָרָֽע׃

And from the ground the ETERNAL God caused to grow every tree that was pleasing to the sight and good for food, with the tree of life in the middle of the garden, and the tree of knowledge of good and bad.  (Genesis 2:8-9)

It seems as if the creation of trees and the creation of human beings are intimately connected. Each are at the pinnacle of their category of creation.

The midrash (Kohelet Rabbah 7:13) tells the following story ““When God created the first human being he took him and showed him all the trees  of the Garden of Eden and said to him, ‘See my works, how beautiful and praiseworthy they are. And everything that I created, I created it for you. Be careful not to spoil or destroy my world–for if you do, there will be nobody after you to repair it.’”

God tells Adam that the trees were created for human beings, and warns him that any damage to them will be irreparable – beautiful trees created for humanity must be cared for scrupulously. The lives – and potentially the deaths – of trees and humanity are intertwined.

This is, I think beautifully embedded in the idea of our bones being connected to the word for tree. Beyond the idea of a human skeletal frame mirroring a tree, beyond the idea of bones being strong and supportive and connected, the bone is the innermost and most enduring part of the body and so the word comes also to express the core of a person, their essence or substance or ultimately, themselves.

Louis Ginzberg in his “Legends of the Jews” – a compendium of stories and midrashim in Jewish text, tells us

The  main  creation  of  the  third  day  was  the  realm  of  plants,  the  terrestrial  plants  as  well  as  the  plants  of  Paradise. First  of  all  the  cedars  of  Lebanon  and  the  other  great trees  were  made.  In  their  pride  at  having  been  put  first, they  shot  up  high  in  the  air.  They  considered  themselves the  favoured  among  plants.    Then  God  spoke,  ”  I  hate  arrogance  and  pride,  for  I  alone  am  exalted,  and  none  beside,” and  He  created  the  iron  on  the  same  day,  the  substance  with which  trees  are  felled  down.  The  trees  began  to  weep,  and when  God  asked  the  reason  of  their  tears,  they  said :  ”  We cry  because  You have created  the  iron  to  uproot  us  therewith. All  the  while  we  had  thought  ourselves  the  highest  of the  earth,  and  now  the  iron,  our  destroyer,  has  been  called into  existence.”  God  replied :  ”  You  yourselves  will  furnish

the  axe  with  a  handle.  Without  your  assistance  the  iron will  not  be  able  to  do  aught  against  you.”  ”  (Ginzburg legends of the Jews Creation of the World 19)

Deuteronomy 20:19 speaks of behaviour in war,

כִּֽי־תָצ֣וּר אֶל־עִיר֩ יָמִ֨ים רַבִּ֜ים לְֽהִלָּחֵ֧ם עָלֶ֣יהָ לְתׇפְשָׂ֗הּ לֹֽא־תַשְׁחִ֤ית אֶת־עֵצָהּ֙ לִנְדֹּ֤חַ עָלָיו֙ גַּרְזֶ֔ן כִּ֚י מִמֶּ֣נּוּ תֹאכֵ֔ל וְאֹת֖וֹ לֹ֣א תִכְרֹ֑ת כִּ֤י הָֽאָדָם֙ עֵ֣ץ הַשָּׂדֶ֔ה לָבֹ֥א מִפָּנֶ֖יךָ בַּמָּצֽוֹר׃

“When in your war against a city you have to besiege it a long time in order to capture it, you must not destroy its trees, wielding the axe against them. You may eat of them, but you must not cut them down. Are trees of the field human to withdraw before you into the besieged city? “

While we traditionally read the last part of the verse as if it is a question, many commentators note that the literal meaning is not interrogative, but instead translates as “for a human is a tree of the field” (see for example BT Ta’anit 7a, or the comment of Ibn Ezra (ad loc) man is a tree of the field… In my opinion…The meaning is as follows: You may eat of them, but do not cut them down, for man is a tree of the field (i.e., the life of man depends on the trees of the field).

The interconnectedness of human beings and trees can be found all over our texts – from the trees in the Garden of Eden whose forbidden fruit is the catalyst to humans leaving that place, to the Proverb (3:18) that Torah is “Etz Chaim” a tree of life to all who grasp it עֵץ־חַיִּים הִיא לַמַּחֲזִיקִים בָּהּ וְתֹמְכֶיהָ מְאֻשָּׁר׃.  Trees provide shade and security in multiple narratives, most notably when Abraham sits under the oak trees of Mamre when he is visited by the angels who will announce the birth of Isaac, gopher wood  is used in the building of Noah’s ark, olive branches signpost the existence of dry land at the end of the great flood, Deborah sits under a palm tree to act as Judge. Bezalel makes the ark of the covenant from acacia wood, Aaron’s rod blossoms into an almond tree, and of course there is reference to cedars and cypress and olives and figs throughout the text. Trees accompany us through life, and even mark our graves (for example Deborah the nurse of Rebecca is buried under an oak and the place named “alon bacut – a tree of weeping). They are with us in the desert, in the mountains, on the plains – and in exile.  They act as sentry and as shade, signal the presence of water in dry lands and produce essential foods – olives, figs, pomegranates and dates….

So it is possibly not surprising that we have a particular blessing for seeing fruit trees in blossom. However this blessing is unusual, indeed it is unique, for in no other blessing do we refer to any natural being or event as being “of benefit to human beings”. We don’t bless the rain like this, nor crops, nor sunshine nor animals nor food nor wine –it is only when we see more than one flowering fruit tree together that this blessing is invoked.

בָּרוּךְ אַתָּה
יהוה אֱלֹהֵֽינוּ
מֶֽלֶךְ הָעוֹלָם
שֶׁלֹּא חִסֵּר בְּעוֹלָמוֹ כְּלוּם
וּבָרָא בּוֹ בְּרִיּוֹת טוֹבוֹת
וְאִילָנוֹת טוֹבוֹת
לְהִתְנָאוֹת בָּהֶן בְּנֵי אָדָם׃

Blessed are you, Adonai our God, ruler of the universe
who has made nothing lacking in the world at all, 
but Who created a good creation and good trees
for the children of Adam to benefit from them

To return to the midrash: in Bereishit Rabbah we read that as a response to the arrogance of the trees, God is said to have created iron on the same day. The trees cried out in fear – God had created the very material that would be used to destroy them. God’s response is telling – indeed there is the possibility of an axe being used to fell trees, but for such a destruction the trees would have to play a part – the handle of any axe would of necessity be made from wood.

I think of this story every time Tu b’Shevat comes around, and we focus on environmental ethics and ecological need. We often remind ourselves with the midrash from Kohelet that the world was created for human beings, but that if we damage it there is no one who will be able to put it right afterwards. This  is a frightening thought – there are long term and unmitigable consequences to our behaviour towards our world. But I think we should also remind ourselves that when great damage is done, it requires our participation or at the very least our assent. Environmental damage is done not by “others” with no connection to ourselves, but we have to admit that we too are part of the process.  Whether it is the clearing of rain forests for planting crops or palm trees for their oil. Whether it is the plague of plastic pollution in the oceans as well as on land, or the greenhouse gasses, emissions from transport vehicles of all kinds, food waste and food miles…. – we all partake of the creation of the damage. We are the wooden handle holding the iron blade, we are complicit.

I think it is almost impossible not to be party to the damage, though it is good for us to educate ourselves to mitigate our contribution. And trees also teach us that there can be growth and regeneration if the destruction is halted. The very word means has meanings of connection, of strength and wise counsel. And how often have we seen a tree stump regrow – be it the very real sycamore gap tree by Hadrian’s wall (https://www.npr.org/2024/08/01/nx-s1-5060047/sycamore-gap-tree-regrowth-go-tree-go) or the messianic metaphor in the prophesy of Isaiah (11:1-3) that A shoot will come up from the stump of Jesse; from his roots a Branch will bear fruit. /The Spirit of the Eternal will rest on him— the Spirit of wisdom and of understanding, the Spirit of counsel and of might, the Spirit of the knowledge and fear of the Lord—and he will delight in the fear of the Lord”.    Trees can, and do, regenerate.

We should maybe be “more tree”. Planted firmly on the earth and reaching up into the sky, Generous with our offerings to the world – the fruit and flowers of trees sustain not only human beings but many wild animals and birds. Bringing beauty and stability and strength and comfort to the world -trees provide shade and security and homes for many insects and birds.

Even to begin to understand our connectedness to nature,  to begin to mitigate our actions and our assent to the damage being done in our world, so that with small changes in behaviour we can make a difference, that I think is what these texts are telling us.

Tu biShvat is a date to focus our attention. And I think the date – even the disagreement about the date – is an important signal to us. It is the only  “new year” not to fall on the first of the month, but instead on the new moon. Discussion around the chosen date recognises that it fits no obvious good time for planting, or for the blossom to be open and seen – instead the traditional commentators make rather random claims that the rain is “mostly fallen” – it is still within the rainy season in Israel, a terrible time to plant as any gardener will advise.  So why claim a date that cannot be said to be seasonal for the calculation of tax of the fruit of trees? I think because tradition wants us to look further than the dry calculation of tithing and accountancy, to think about the importance of trees in our world, and to remind us of their deep connection to us.

In the poem by Max Halperin

Aseini K’Ilan: Make Me Like A Tree, Max Halperin
Make me like a tree rooted on the water, with fruit to give in its time.
Make me like lightning descending from the sky, illuminating the earth for a moment.
Make me like rain, light or heavy, that gives strength to a tired world.
Make me like wheat, simple and common, that brings forth our bread from the earth.
Make me like myrtle aside the lulav, that gives its color to joy.
Make me like a red rose with thorns, beautiful and strong in its way.
Make me like an olive with pure oil, a symbol of serenity and our dedication.
Make me like the sun that rises with us, which colors the sky with its light.
Make me like the dew on the grass, making the land glimmer at each dawn.
Make me like the sea, vast and unified, which renews the shore and itself.
Make me like a windflower, little and tall, a dot of color in the winter fields.
Make me like the moon alight in the darkness, smiling from among the stars.
Make me like the desert, open on all sides, strengthening all who trust it.
Make me like a river on the forest floor, rushing to enliven its world.
Make me like a bush with colorful flowers, beautifying its surroundings with its presence.
Make me like a cloud in a blue expanse, and its community that dances with the spirit.
Make me like an unripe fruit on its branch, constantly growing and sweetening.
Make me like nectar within a flower, feeding the smallest animals.
Make me like a rainbow against the gray, a promise of improving times.
Make me like a pomegranate with many seeds, a symbol of new beginnings.
Make me like a lily resting on the water, reaching up from the depths.
Make me like an apple waiting on its tree, prepared to ripen at its time.

עֲשֵׁנִי כְּאִילָן שָׁתוּל עַל הַמַּיִם, עִם פֵּרוֹת לָתֵת בִּזְמַנּוֹ

.עֲשֵׁנִי כְּבָרָק יוֹרֵד מִן שָׁמַיִם, שֶׁמֵּאִיר אֶת הָעוֹלָם לִשְׁנִיָּה

.עֲשֵׁנִי כְּגֶשֶׁם קַל אוֹ כָּבֵד, שֶׁנּוֹתֵן כֹּחַ לְעוֹלָם עָיֵף

.עֲשֵׁנִי כְּדָגָן פָּשׁוּט וְרָגִיל, שֶׁמּוֹצִיא לַחְמֵנוּ מִן הָאָרֶץ

.עֲשֵׁנִי כַּהֲדַס עַל יַד הַלּוּלָב, שֶׁנּוֹתֵן רֵיחוֹ לְשִׂמְחָה

.עֲשֵׁנִי כַּוֶּרֶד אָדֹם עִם קוֹצִים, יָפֶה וְחָזָק בְּדַרְכּוֹ

.עֲשֵׁנִי כַּזַּיִת עִם שֶׁמֶן זַךְ, סֵמֶל שֶׁל שַׁלְוָה וְשֶׁל חֲנֻכָּתֵנוּ

.עֲשֵׁנִי כְּחַמָּה עוֹלָה אִתָּנוּ, שֶׁצּוֹבַעַת הַשָּׁמַיִם עִם אוֹרָה

.עֲשֵׁנִי כִּטְלָלִים עַל הַדֶּשֶׁא, הַמְּנַצְנְצִים עַל הָאָרֶץ בְּכָל זְרִיחָה

.עֲשֵׁנִי כַּיָּם גָּדוֹל וּמְאַחֵד, שֶׁמְּחַדֵּשׁ אֶת הַחוֹף וְאֶת עַצְמוֹ

 .עֲשֵׁנִי כְּכַלָּנִית קְטַנָּה וּגְבוֹהָה, נְקֻדָּה שֶׁל צֶבַע בִּשְׂדוֹת הַחֹרֶף

.עֲשֵׁנִי כַּלְּבָנָה נָגַהּ בַּחֹשֶׁךְ, הַמְּחַיֶּכֶת מִתּוֹךְ הַכּוֹכָבִים

.עֲשֵׁנִי כַּמִּדְבָּר פָּתוּחַ בְּכָל צַד, שֶׁהֶחֱזִיק אֶת כָּל שֶׁהֶאֱמִין בּוֹ

.עֲשֵׁנִי כְּנָהָר עַל רִצְפַּת הַיַּעַר, שֶׁרָץ לִחְיוֹת עוֹלָמוֹ

.עֲשֵׁנִי כִּסְנֶה עִם פְּרָחִים צִבְעוֹנִים, יָפֶה סְבִיבָתוֹ עִם נוֹכְחוּתוֹ

.עֲשֵׁנִי כְּעָנָן בָּרָקִיעַ כָּחֹל, וּקְהִלָּתוֹ שֶׁרוֹקֶדֶת עִם הָרוּחַ

.עֲשֵׁנִי כְּפָגָה עַל עֲנָפָהּ, גְּדֵלָה וּמוֹתֶקֶת תָּמִיד

.עֲשֵׁנִי כְּצוּף בְּתוֹךְ הַפֶּרַח, מַאֲכִיל לְהַחֲיוֹת הַהֲכִי קִתְנוֹת

.עֲשֵׁנִי כְּקֶשֶׁת כְּנֶגֶד הָאָפֹר, הַבְטָחָה לִזְמַנִּים מְשֻׁפָּרִים

.עֲשֵׁנִי כְּרִמּוֹן עִם גַּרְעִינִים רַבִּים, הַמְּבַשֵּׂר לְהַתְחָלוֹת חֲדָשׁוֹת

.עֲשֵׁנִי כְּשׁוֹשָׁן נָח עַל הַמַּיִם, שֶׁהוֹשִׁיט כִּתְרוֹ לְמַעְלָה מֵהָעֵמֶק

.עֲשֵׁנִי כְּתַפּוּחַ מְחַכֶּה עַל עָצוּ, נָכוֹן לְבַשֵּׁל בְּעִתּוֹ

Mishpatim: The Code of Law that structures Human Rights in its very bones, or Justice and Judges must uphold the moral imperative.

Mishpatim 2022

Parashat Mishpatim continues the process begun at Sinai, explicating and evolving the laws that will govern this nascent Israelite society. It begins with the laws that govern the indentured Israelite servants, and then moves on to the laws of damages- beginning with the person who either intentionally or unintenionally causes damage, and then dealing with the damage that is caused indirectly or by the property of people. The parasha then continues into other areas.

On first reading, it seems as if the laws contain a jumble of different areas and contexts with little logical order. Rabbi Elchanan Samet however has a different view: “Our question about the organization of the parasha of damages is based on the assumption that the order should follow the categories of the agents which CAUSE damage. Such a categorization is appropriate from a legal perspective, since one’s level of responsibility for the damage determines whether and how much restitution he much pay.  Our questions, however, disappear when we realize that the Torah orders this section based on the categories of those who are DAMAGED, not those who CAUSE damage”.

(https://etzion.org.il/en/tanakh/torah/sefer-shemot/parashat-mishpatim/mishpatim-laws-damages-declaration-human-rights)

In other words, the Torah has an organising principle here not just of legal categories, but of societal values. It begins with the value of human and then animal life, moves onto plant life and the sustaining ability of agriculture for society, and only then moves to general property or to money.  By using this principle, we are reminded powerfully that all human life and wellbeing, )closely followed by animal life and well being) is de facto more important to sustain and to protect than property or wealth.

On this organising principle, Judaism builds an edifice of understanding and provides a moral compass for us and for all of society. One cannot claim for example that the poor deserve less than the rich, that refugees have fewer rights to security than those comfortably living in the land, or that the rights of animals to life and welfare can be negotiated (or worse) for monetary profit.

Mishpatim has often been described as a foundational text for our society, a text which creates an environment built on laws that are applicable to everyone, that have authority, that addresses a broad variety of human experiences. The view that the organising principle is not only the legal sysem regulating human action but actually the moral imperative to be particularly concerned about supporting the wronged person and getting justice for them is mind blowing.  We generally focus on the idea that it is clearly built on earlier codes, such as that of Hammurabi, and examine the differences between the two codes of law, but to change focus and look at how the code is structured to prioritise people’s humanity and well being, the care for all living creatures and for nature BEFORE considering the care for material wealth and possessions is to understand the biblical imperative to care for the world and its inhabitants even at the cost of any accumulation of wealth or other material power.

We cannot of course ignore the fact that the legal code is critical to keeping the moral code properly focused and working. It is law – good law that is made to help people rather than to oppress or constrain people – that keeps society safe. The very word “mishpatim” means “laws”, and it requires people who apply wisdom and compassion to interpret and wield these laws.

I have been thinking a great deal recently about my grandfather, Walter Fritz Louis Rothschild, whose career as a judge faltered and ultimately came to an end with the rise of the Nazis in Germany. We have a newspaper where the following is reported on 21st January 1933 under the heading “A Public Scandal” :

“Offener Brief an den Reichsjustizminister.

Wir berichteten bereits in unsere gestrigen Ausgabe über den öffentlichen Skandal am hiesigen Amtsgericht.  Der Führer der SA-Obergruppe 2, Lutze, hat jetzt folgenden offenen Brief an den Reichsjustizminister gerichtet:

Ein Einzelfall, der in der Bevölkerung Hannovers berechtigte Entrüstung und Empörung ausgelöst hat, gibt mir Veranlassung, mich an Sie zu wenden und ein Problem zur Sprache zu bringen, das dringend und umgehend der Bereinigung bedarf.

               Der Vorgang ist folgender:           Das Amtsgericht Hannover hat es für zweckmäßig befunden, in einer politischen Strafsache, die am Mittwoch, dem 18. Januar 1933 vor dem hiesigen Amtsgericht anstand, in einem Verfahren gegen 2 SA-Männer den jüdischen Amtsgerichtsrat Dr. Rothschild als Vorsitzenden herauszustellen.

               Die Vernehmung der Beklagten erfolgte von Seiten des Dr. Rothschilds in überaus provokatorischer und unsachlicher Form.

   Der Verteidiger der Angeklagten bezweifelte daraufhin die Unbefangenheit des jüdischen Vorsitzenden und wird von diesem in einer Art und Weise behandelt, die weit über das Maß des Erträglichen und Erlaubten hinausgeht. Das Gericht zieht sich zur Beratung zurück und erklärt dann den Antrag des Verteidigers als gegenstandslos.

               Herr Reichsjustizminister! Es dürfte auch Ihnen nicht entgangen sein, daß das deutsche Volk, soweit es die nat.-soz. Weltanschauung vertritt – und das sind rund 40 Prozent der Gesamtbevölkerung Deutschlands – die jüdischen Fesseln abzustreifen sich anschickt.

               Wir verbitten es uns, daß man Vollblut- und Halbblutjuden als Richter über deutsche Menschen einsetzt. Wir fordern, daß der verantwortliche Amtsgerichtsdirektor, der für den obengenannten Vorgang  die Verantwortung trägt, zur Rechenschaft gezogen wird.

               Ich hoffe, daß Sie diesem Appell in letzter Stunde die gebührende Beachtung schenken, ehe es an den Gerichten zu Auftritten kommt, die eine autoritäre Rechtspflege überhaupt in Frage stellen.

               Zu Ihrer Orientierung diene Ihnen, daß sich die hannoverschen Gerichte durch Herausstellung jüdischen Justizpersonals besonders hervortun. Ich nenne u.a. :

               1. den ersten Staatsanwalt Wolfssohn,

               2. die Richterin Alice Rosenfeld,

               3. den Amtsgerichtsrat Rothschild,

und empfehle Ihnen, die Genannten schnellstens in der Versenkung verschwinden zu lassen.

Der Führer der SA-Obergruppe II, gez. Lutze, M.d..R.”  [i.e. Mitglied des Reichstages.]

“Open letter to the Reich Minister of Justice.

We already reported in yesterday’s issue about the public scandal at the local district court.   The leader of SA-Obergruppe 2, Lutze, has now addressed the following open letter to the Reich Minister of Justice:

An individual case which has caused justified indignation and outrage among the people of Hanover has given me cause to address you and to raise a problem which urgently and immediately needs clearing up.

               The process is as follows:

               The District Court of Hanover has found it expedient to single out the Jewish District Court Councillor Dr. Rothschild as the presiding judge in a political criminal case which was pending before the District Court here on Wednesday, January 18, 1933, in proceedings against 2 SA men.

               The questioning of the defendants was carried out by Dr. Rothschild in an extremely provocative and unobjective manner.

   The defendants’ defence counsel then doubted the impartiality of the Jewish chairman and was treated by him in a manner that went far beyond what was tolerable and permissible. The court retires for deliberation and then declares the motion of the defence counsel to be without object.

               Mr. Minister of Justice! It should not have escaped your notice that the German people, in so far as they represent the National-Socialist worldview – and that is about 40 percent of the total population of Germany – are preparing to throw off the Jewish shackles.

               We forbid the use of full-blooded and half-blooded Jews as judges over German people. We demand that the director of the district court, who is responsible for the above-mentioned incident, be brought to justice.

               I hope that you will give this appeal the attention it deserves at the last hour, before there are any appearances in the courts that call the authoritarian administration of justice into question at all.

               For your orientation, please note that the Hanoverian courts are particularly prominent in singling out Jewish judicial personnel. I mention, among others:

               1. the first public prosecutor Wolfssohn,

               2. Judge Alice Rosenfeld,

               3. the district court judge Rothschild,

and I recommend that you let the aforementioned disappear as quickly as possible.

The leader of SA-Obergruppe II,

signed. Lutze, M.d..R.”     [i.e. member of the Reichstag.]

One can only imagine the arrogant confidence of the writers of the letter, who, unhappy that an incident where up to 30 SA (Sturmabteilung – Nazi paramilitary wing “Storm Detachment) men had set upon a man wearing a Reichsbanner badge in his hat (anti fascist/ liberal organisation of the Weimar republic) and beaten him up, were questioned robustly by a Jewish court judge and found to have a case to answer – felt able to demand that Jewish judges be removed from office.

One can only imagine the feelings of that judge  – my grandfather- writing his carefully worded and thoughtful 5 page response to the accusation, only to be removed from his role within a week of his rebuttal as the Nazis came to power and removed all Jews from their public roles.

My grandfather died as a result of the physical ill- treatment he received in Dachau shortly after the war. But my grandmother survived and on occasion she would reminisce with me. One day she told me of her overwhelming fear in the early thirties – I think it must have been around the time of this court case – as she tried to persuade her husband to leave the country. He told her “I can’t. If the judges leave then there will be no justice”.

By the time he realised that there would be no judges and no justice it was too late to leave. Countries had closed their borders to Jews, they and extended family were trapped.

Last week I lit a yahrzeit candle for him. This week we are mark the European Holocaust Memorial Day and we repeat the words “never again” and “Zachor – Remember” hopefully and desperately in the knowledge that since the Shoah we have seen people dehumanised because of their ethnicity or religion, we have seen people attempt to erase any memory and any learning from memory.

And this week we read parashat Mishpatim. We read a parasha where a society is created by laws. A parasha structured to remind us that every single human being is of value, every single human being is of equal value, and that value is paramount in how we organise our society.

If only our society followed the structure set out in parashat mishpatim. To value human life, animal life, the natural world. To care for them, to protect them, to nourish and sustain and honour them. And only after that to consider material wealth, profit, gains.  If only we had a system where the person damaged was the most important to consider, not the damage to property or wealth.

We are witnessing an assault by government on our codes of justice. We are witnessing legislation whereby if the government does not agree with the judiciary, they will overrule the judgments. We are witnessing long term underfunding of our system which is causing it to break down. We are witnessing a government that thinks the law is not for them to follow. We are living in dangerous times.

And I think of my brave and lonely grandfather saying to my fearful and anxious grandmother. “If the judges leave there will be no justice.”

Hannover Judges. My grandfather Landgerichtsrat Dr Walter Fritz Louis Rothschild third row from the front, fourth from the right

Internet trolls trying to feel better by abusing others -Jewish teaching is for them too. The world is created and can be destroyed with words.

In the uncharted territory of social media we find a variety of inhabitants. Bloggers, tweeters, virtual lifers … and of course trolls. The troll’s sole purpose on the net is to abuse and argue with others, and to cause emotional upset wherever they can.  Many celebrities have their own personal trolls, and wherever women’s issues are mentioned, or politics or race or religion or human rights or refugees – there too trolls convene. The perceived anonymity of the online world means verbal bullying and cruelty seem to them to be acceptable, even justifiable.

Judaism is deeply aware of the power of words, teaching that the world is created by speech.

There is a Chassidic story about a man who gossips about his rabbi, who, realising the wickedness of this behaviour goes to the rabbi to apologise, offering to make amends for the rumours he has spread. The rabbi instructs him to take a feather bolster, cut it open and scatter the contents to the winds, and so he does. When he returned, the rabbi said “now, go and gather up all the feathers”. The man protested that this was impossible, and the rabbi told him, “like the feathers you cast to the winds, the words you spoke can never be recalled, and the damage done can never be undone”.

Like this man, the internet trolls surely cannot imagine the damage that they do, and even deleting the posts will not remove the pain they inflicted.

God said to the tongue “you are kept guarded inside the body, and not only that but I surrounded you with two walls, one of bone (the teeth) and one of flesh (the lips)”

Speaking negatively of others is easily done, and may give us a momentary sense of self esteem. But the cost to our souls is real and the cost to others – both the individual who is demeaned or trolled in social media posts and to civic society and civil discourse – that is real too.

In mythology light destroys trolls, and in Judaism there is an awareness that the light shines on us wherever we are, even in the anonymous depths of the internet. The Rabbis tell us if we remember three things we won’t come into the power of sin: That there is an eye that sees, an ear that hears, and that everything is recorded in a book.