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

Introduced in this sidra, and threaded through the rest of the biblical text is a commandment so contemporary and relevant it is as if we can still hear the air vibrate with the divine voice. Here in parashat Mishpatim we are reminded not once, but twice, not to oppress or wrong the stranger:

וְגֵ֥ר לֹֽא־תוֹנֶ֖ה וְלֹ֣א תִלְחָצֶ֑נּוּ כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם: כא כָּל־אַלְמָנָ֥ה וְיָת֖וֹם לֹ֥א תְעַנּֽוּן: כב אִם־עַנֵּ֥ה תְעַנֶּ֖ה אֹת֑וֹ כִּ֣י אִם־צָעֹ֤ק יִצְעַק֙ אֵלַ֔י שָׁמֹ֥עַ אֶשְׁמַ֖ע צַֽעֲקָתֽוֹ:

And a stranger you will not wrong, neither shall you oppress them; for you  were strangers in the land of Egypt. You shall not afflict any widow, or fatherless child.If you afflict them in any way–for if they cry at all to Me, I will surely hear their cry” (Exodus 22:20-22)

 וְגֵ֖ר לֹ֣א תִלְחָ֑ץ וְאַתֶּ֗ם יְדַעְתֶּם֙ אֶת־נֶ֣פֶשׁ הַגֵּ֔ר כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם:

“And a stranger you shall not oppress; for you know the heart of a stranger, seeing that you were strangers in the land of Egypt. (23:9)

This commandment is the subject of much commentary – not least the number of times it appears in the biblical text.

In the Babylonian Talmud we are told:

“It has been taught: Rabbi Eliezer the Great said: Why did the Torah warn against [wrongdoing] the proselyte in thirty-six, or as others say, in forty-six, places?  Because he has a strong inclination to evil. What is the meaning of the verse, You shall neither wrong a stranger, nor oppress him; for you were strangers in the land of Egypt?

It has been taught: Rabbi Nathan said: Do not taunt your neighbour with the blemish you yourself have (Babylonian Talmud, Baba Metzia 59b)

Thirty six or forty six repetitions of the warning against wronging a stranger – it is an extraordinary marker of something the biblical tradition holds dear – and a reminder of course that wronging strangers must be something easy to do in any society or the bible and later traditions would not feel the need to hammer home the point.

The reasons given in bible are generally either that having been oppressed ourselves we should take care not to put others into that position because we know the pain of it (remember that you were slaves in Egypt), or that God cares in particular for the vulnerable – and the stranger is repeatedly part of a list that includes the widowed and the orphaned, those with no family or economic security to support them. And both of these are powerful aspirations – that we, who know the pain of being an outsider should not make others outsiders, and that our society must be structured to ensure that the most vulnerable are protected and supported, that we should not expect God to do what is our obligation. We see ourselves as doing God’s work when we treat other human beings with dignity and respect, seeing God in them as our shared Creator, and it is telling that there is no blessing formula for our doing this kind of holy work – no beracha thanking God for the commandment, it is meant to be so ingrained in us that it has shaped our very identity.

Post biblical commentators explain this imperative to not wrong a stranger, to care for the vulnerable who are living amongst us, in a number of ways commensurate with their own context. Rabbi Eliezer ben Hurcanus, living in oppressive times under Roman rule while the second temple was destroyed and society was fractured and fractious, was concerned that should we treat the strangers amongst us badly they would turn on us and damage us – hence the “strong inclination to evil”.  For Rabbi Nathan of Babylon, who live a generation or so later, the issue was more that the Jewish people were likely to see in strangers things they recognised – and disliked – in themselves and would therefore externalise and reject their own attributes.

Rashi in eleventh century France, seeing the early crusaders sweep through in order the cleanse their society of others, suggests to us that the verse “for you were strangers” is there to remind us that if we hurt the strangers living amongst us they may also denounce and hurt us by reminding ourselves and others that we too are descended from strangers – a “blemish” we share with more modern immigrants by being foreign in the land we are living in.

And the Ramban (Nachmanides) who lived in 13th century Spain, a gentle character most of whose life was untroubled by political upheaval – at least until the disputation of Barcelona when he was already in his seventies – focuses differently on this commandment, saying “Do not oppress the stranger because you think he has no one to defend him; remember how Pharaoh learned that God defends the stranger. God is the shield of the oppressed, the one who sees the tears of those who have no one else to give them comfort. God will save every person from the hands of those stronger than he. God will always hear the cries of the widow and the orphan, the pleas of those who have no one upon whom to rely except their Father in Heaven”

Each of us reads bible in the context of our own experiences, but each of us must take note that there is a particular obligation on us to care for the vulnerable amongst us, be they our own people who have fallen on hard times and who need our support (the widowed and the orphaned) or be they strangers who have come to live alongside us in the land: (The ger). We may tell ourselves different narratives about this obligation, but we must honour it in action. We might remember that Abraham was an Ivri – from across the river – who introduced himself to the people of Het as a resident alien among them, we might see the pain of Moses who called one of his sons Gershon (ger-sham) because he was a stranger among the people he was living with and found it most painful when he had a child away from his own people. We might recognise that we are like the stranger, even if we are settled and they are not. We might recognise the spark of the divine in every human being. We might respond to the ethics of caring for the vulnerable, the orphan, widow and foreigner, or feel the gaze of God on us asking us to do what we know to be the right thing

We might notice that each of these are somehow cut off from their roots, less supported by family than the rest of us, with less available family around them for whatever reason. Indeed Ibn Ezra, himself forced to leave Spain and wander for much of his later life when the incoming Almohad regime began to persecute the Jews, commented on our verse that “The reason for the prohibition ‘You shall not wrong a stranger’ (Exodus 22:20)…is that he has no family roots”

All of which is to say that the normal human desire to create a group of like-people around oneself, to isolate oneself from strangers and  to ignore them, to build a society which excludes them, is known to bible and is firmly disapproved of. Time and again we are warned, reminded, instructed – care for the vulnerable, in particular those who need help, in particular those without a structure to support them, in particular the widow, orphan and foreigner who are trying to survive right by you.

So it is possibly not surprising when one reads that most of Europe is doing all it can to keep the great wave of migration away, to turn its back on the frightened, the poor, the victims of warring groups, the homeless, the desperate. Not surprising, but not acceptable either. And when Israel, a land created by Jews whose historical narrative has been the despised outsider since the fall of the second temple – when Israel behaves without the Derech Eretz, without the ethical and judicial imperatives to look after strangers, it is time for Jews all over the world to step up and remind our people of the most common commandment in Bible, and the obligation to obey it.

Israel was one of the first signatories of the UN convention on Refugees in 1951 and committed herself to making the asylum process and painfree and humane as possible.

Today there are about thirty eight thousand Africans seeking refuge in Israel, who have come mainly from the war torn areas of Sudan and Eritrea. They live mainly in South Tel Aviv. About five thousand children are in this group, and about seven thousand women. The conditions are not good, they are crowded and the local population is also economically and socially vulnerable. The situation has been allowed to spiral so that competition between the different populations means that there is less work, higher rents, little sense of community and enormous pressure on all the people.

Because of a Supreme Court judgment that Israel, which recognises it cannot send the people back to certain danger, can instead send them to a ‘neutral’ third country (understood to be Rwanda or possibly Uganda), the pressure to deport the refugees with their ‘consent’ is growing with a financial incentive to get them to leave or the threat of jail if they refuse.

Asylum applications are complicated and often the paperwork gets lost in the system, so of the approximately fourteen thousand applications filed, only eleven Sudanese and Eritrean refugees have been accepted, with about six thousand refused and the rest lost in the system.

Israel takes pride in being a Jewish state, which means it should be based on Jewish values. The present government is simply ignoring these values. But  the Jewish people are not ignoring these values and many groups are doing their best to change the policy of Government to better align with the most frequent exhortation in bible – love your neighbour as yourself, care for the vulnerable, treat the stranger with the same law as the home born – however you frame it, wherever you delve into the biblical text,  this is our core religious activity.

Jews outside of Israel are protesting to the Government in many ways. Haaretz just reported https://www.haaretz.com/us-news/protests-against-israel-s-deportation-plan-gather-worldwide-1.5804320   After thousands of demonstrators gathered in front of the Rwandan embassy in Herzliya to protest the deportation of asylum seekers from Israel to the African country, thousands more joined them in protest outside Rwandan missions around the world in over a dozen cities….Michael Sfard, a Tel Aviv–based human rights lawyer who represents victims of civil rights violations, told the crowd he is ashamed that his own government “does not live up to the lessons that should have been learned from our own history, from our own collective biography.”

Rabbis for Human Rights are educating and among the activists – see http://rhr.org.il/eng/2018/02/parashat-mishpatim-gerim-midst/

Rabbi Susan Silverman is leading a call to hide asylum seekers facing forced deportation, http://www.huffingtonpost.co.uk/entry/rabbis-pledge-to-protect-african-asylum-seekers-facing-deportation-from-israel_us_5a60f743e4b05085db6096a3

Other Jewish and Israeli human rights organisations are focussing on helping – such as

The Hotline for Migrants and Refugees http://hotline.org.il/en/main/   protects the rights of refugees, migrant workers and victims of human trafficking

CIMI  https://www.cimi.org.il/      the Centre for International Migration and Integration, has been leading a campaign to adopt and advocate young people who first arrived in Israel as unaccompanied minors, among other work to help integrate migrants.

The Anne Frank Home Sanctuary Movement (Miklat Israel),  is an initiative to hide asylum seekers slated for deportation in private homes. Rabbis and holocaust survivors are among the people providing such sanctuary

עוצרים את הגירוש a grassroots effort to stop the impending deportations through disseminating information, protests, and social media campaigns.

http://www.asylumseekers.org/  Right Now! Advocates for  for Asylum Seekers in Israel and is running an advocacy campaign abroad.

“You shall not turn over a slave who seeks refuge with you. He shall live with you in any place he may choose, within one of your gates. You must not mistreat him” – Deuteronomy 23:16-17.

Let me finish with a text from Sefer haChinuch, an anthology of the mitzvot from 13th century Spain:

“It is for us to learn from this precious commandment to take pity on any man who is in a town or city that is not his native ground and site of the family of his fathers.  Let us not maltreat him in any way, finding him alone, with those who would aid him quite far from him – just as we see that the Torah adjures us to have compassion on anyone who needs help.  With these qualities we will merit to be treated with compassion by the Eternal God Be He blessed”

 

 

photo taken from internet Jewish Chronicle page reporting the story Students and teachers protest against the deportation of African asylum seekers, Tel Aviv, January 24, 2018 Photo: Flash 90

Vayeshev: the crime of selling a person

“Behold, a caravan of Ishmaelites came from Gilead, with their camels bearing spicery and balm and ladanum, going to carry it down to Egypt. And Judah said to his brothers, “what profit is it if we slay our brother and conceal his blood? Come, and let us sell him to the Ishmaelites, and let not our hand be upon him; for he is our brother, our flesh.’ And his brothers listened to him.
And there passed by Midianites, merchantmen; and they drew and lifted up Joseph out of the pit, and sold Joseph to the Ishmaelites for twenty shekels of silver. And they brought Joseph into Egypt. And Reuben returned unto the pit; and, behold, Joseph was not in the pit; and he rent his clothes. And he returned unto his brethren, and said: ‘The child is not; and as for me, whither shall I go?’ (Gen 37:25-30)… And Joseph was brought down to Egypt; and Potiphar, an officer of Pharaoh’s, the captain of the guard, an Egyptian, bought him of the hand of the Ishmaelites, that had brought him down thither. (39:1)…[And Joseph said] For indeed I was stolen away out of the land of the Hebrews; and here also have I done nothing that they should put me into the dungeon.’ (40:15)

The first story of human trafficking is told here in sidra vayeshev, and sadly it is a story that resonates to this day in the lived experience of the six to eight hundred thousand people estimated to be trafficked across international boundaries each year, and the 20 – 30 million people who are currently estimated to be living in slavery.
Like many who are trafficked today, Joseph is young and vulnerable, he is (to be) sold off by family members, and while presumably sold for labour it is not impossible he could have been sold for sex (certainly Potiphar’s wife has expectations in this area). He finds himself at the mercy of a well organised people trafficking structure, sold through the agency of the Midianites to the Ishmaelites who go on to sell him in Egypt along with their other products. Today human trafficking is the third largest international crime industry (behind illegal drugs and arms trafficking). It reportedly generates a profit of over £21 billion every year of which £10 billion is made in industrialized countries. Human trafficking is big business. And it causes enormous suffering.
Bible begins by telling us that human beings are created in the image of the Divine, from which we understand the basic and absolute value of human beings. Just as God is indivisible and of infinite worth, so is humanity indivisible and of infinite worth. We might construct all kinds of models in our heads about class, ethnicity, gender, power, social status, geographical cultural and historical connections, but bible keeps reminding us of the one basic truth: human beings are one group, connected ultimately to the earth on which we live, connected deeply and irrevocably to each other.
The bible as a document is powerfully engaged with this idea, and with how it plays out in the power relationships that humans participate in, that shape our society. It knows how easy it is to abuse power, how simple to turn a blind eye to it happening in both the intimate details of our lives and in the macro environment in which we are live. It knows about the human tendency to construct realities that favour ourselves over others, to neglect or ignore what does not speak to our own self-interest or conform to our idea of reality. Bible provides the nudge, the spur to remind us that not only is there more to the world than our own experience, it repeatedly teaches us that there is an obligation on us to pay attention outside of our comfort zone, a requirement to see the world as God sees it – a fragile and beautiful place filled with fragile and beautiful creatures engaged in a process of improvement but simultaneously undermining and subverting that process out of ignorance or selfishness or thoughtlessness or greed.
We see ourselves in the texts; we recognise the themes and the motifs that play through the stories and we know that we are being prompted to respond.
So when we read the story of Joseph, defenceless in the pit after his brothers’ intervention, saved from being murdered but arguably paying the even greater price of being traded from group to group with no protection and no idea of what the end of his journey may be, powerless and frightened, a product not a person, about whom no one will care what happens – we have to pay attention and we have to respond. There are estimated to be between six and eight hundred thousand people having a similar experience ever year in our world. And we should care.
In the book of Exodus, in the legal code following the giving of the ten commandments and the covenant made between God and Israel, comes the instruction “And one who steals a person and sells them, or if a person be found in their possession (as merchandise), they shall surely be put to death. (Exodus 21:16). Deuteronomy repeats the command: “If a person be found stealing any of his brethren of the children of Israel, and he deal with him as a slave, and sell him; then that thief shall die; so shall you put away the evil from your midst.” (Deuteronomy 24:7). In the biblical world clearly people were bought and sold, seen as chattels to be profited from, and already the voice of the text is outlawing the behaviour. By the time of the Mishnah (2nd Century CE) (for e.g. Sanhedrin11:1) the death penalty for human trafficking is discussed and accepted – a mark of how seriously the crime is taken to be and this is continued in the Gemara (5th Century CE) (e.g. Sanhedrin 86a)
In the medieval period there are responsa again underlining the importance of challenging the prevalence of abducting and selling human beings – for example Maimonides (12th C) tells us that Torah views the kidnap of a person as the most serious form of theft that is strictly prohibited on pain of death under the Noachide code and in the eighth of the Ten Commandments, ( Laws of Theft 9:1-6) and also teaches that redeeming captives is more important than supporting the poor, because captives are in danger of their lives (Mishneh Torah, Hilchot Matanot Aniyyim 8:10). Rabbi Joseph Colon (1420-1480) warns that a person who has the ability to save a trafficked person yet delays doing so is “like one who sheds blood.”… the responsa can be found in every century, in every place, demonstrating that the crime of trafficking human beings can equally be found in every century and in every place – including, sadly, our own.
So what should we do? Firstly, we should not ignore the issue, not assume that it is not happening because we have not noticed it, nor that it “wouldn’t happen” in our bit of the world. Secondly we should educate ourselves on the signs, so that we are alert to the possibility of trafficking. These can be found here: http://www.stopthetraffik.org/uk/page/spot-the-signs
Community_Signs_2

And we can also think through the ways we live and the choices we make – are the clothes or food we want to buy surprisingly cheap indicating that the makers/pickers are on low wages? Is there an ethical policy in place in the financial transactions we make? Are we sufficiently educated about the real cost, the real chain by which products come to us, the reality faced by people who find themselves in economic bondage to others?
The tragedy of human trafficking is that it hides in plain sight. Bible knew that and tried to give us the tools to see. We are in need of such tools even today. Let the words of Joseph speak to us again “For indeed I was stolen away out of the land of the Hebrews; and here also have I done nothing that they should put me into the dungeon.’ And remind us that the lack of freedom for those who are trafficked is real, a dungeon from which they cannot escape and a place where no meaning can be gleaned.

Anti Slavery Day – the trading and trafficking of people is flourishing in 2015

This coming Sunday sees Anti-Slavery Day, a reminder that slavery is alive and well, a major global business exploiting vulnerable people and causing untold misery. Whether for sexual exploitation, forced labour, or people trafficking, it’s estimated that 800,000 people are traded annually.

In the ancient world slavery was unremarkable, and Hebrew bible is concerned only to regulate fair treatment of slaves, a view further developed in the rabbinic codes and responsa. While one cannot say bible condemns slavery, it does not condone the abuse of power by one person over another, and in Exodus we read “one who steals a person and sells them… shall surely be put to death. (Exodus 21:16) Modern day slavery steals people and traffics them for profit.   Globally there are estimated to be 27 million people treated in this way. What are we doing to address the abuse of so many people?

Heschel wrote that “Judaism is forever engaged in a bitter battle against a deeply rooted belief in fatalism” and suggested that our natural human state is of inertia, rather than of actively confronting social, moral and spiritual wrongs. He taught Judaism wants us to emulate Abraham, not in terms of faith, but in terms of his not conforming when something was wrong, but instead to “keep the way of God by doing righteousness and justice” and possibly even more importantly, to instruct his household and his descendants to do the same (Genesis 18:19)

I recognise the inertia; when we see such a complex and horrible problem as modern slavery we simply cannot begin to comprehend it, relying on our politicians or various institutions to deal with it on our behalf. And I see that those to whom we have delegated responsibility are also overwhelmed, and so slavery and trafficking and exploitation of vulnerable people far from home is able to flourish. Even here, in the UK; even now in 2015.

STT_HAND_super_low_res

The biblical “people stealer” is still with us.  Why are we, the Jewish community, whose foundational texts these are, not doing more to stop people trafficking, forced labour, and the sexual exploitation of vulnerable people? We are commanded to protect the powerless. So let’s fight the inertia and act!

image from http://www.stopthetraffik.org/uk