Twice in this sidra, Jacob issues instructions about his burial.  The first time he speaks to Joseph alone, and the conversation is brief –“Don’t bury me in Egypt, bury me in the family tomb”

“And the time drew near that Israel must die; and he called his son Joseph, and said to him: ‘If now I have found favour in thy sight, put, I pray thee, your hand under my thigh, and deal kindly and truly with me; bury me not, I pray thee, in Egypt.  But when I sleep with my fathers, carry me out of Egypt, and bury me in their burying-place.’ And he said: ‘I will do as you ask.’  And he said: ‘Swear to me.’ And he swore it. And Israel bowed down upon the bed’s head. (Genesis 47:29-31)

But when the instruction is repeated shortly before his death, it is done in front of the whole family, and is much more detailed. Nothing is superfluous in biblical text, so what can we learn from this comprehensive deathbed request? Firstly, this final instruction is given to all of his sons, rather than just to Joseph. The language used with Joseph is framed as a request “If I have found favour with you, then please…..” and he then makes a formal ceremony of Joseph’s agreement with the swearing of an oath. With the other sons we have the firmer language of instruction that will – must – be obeyed. But possibly the most important difference is the framing of the two countries, Egypt and Canaan.  When Jacob requests Joseph it is to ensure he will not be left in Egypt. When Jacob instructs the brothers about his final journey it is to describe the place in Canaan where he will be brought – given in greater detail than when Abraham bought the land – not only the location of Machpela near Mamre, bought from Ephron the Hittite – but also the clarity of who is buried there – Abraham and Sarah his wife, Isaac and Rebekah his wife. Leah (sadly not described as a wife).

“And he commanded them, and said to them: ‘I am to be gathered to my people; bury me with my fathers in the cave that is in the field of Ephron the Hittite, in the cave that is in the field of Machpela, which is before Mamre, in the land of Canaan, which Abraham bought with the field from Ephron the Hittite for a possession of a burying-place.  There they buried Abraham and Sarah his wife; there they buried Isaac and Rebekah his wife; and there I buried Leah. The field and the cave that is therein, which was purchased from the children of Heth.’  And when Jacob made an end of charging his sons, he gathered up his feet into the bed, and expired, and was gathered unto his people.” (Genesis 49:29-33)

When talking with Joseph, his father treats him carefully – the burial in Canaan is requested briefly, the desire not to be buried in Egypt rather more forceful, but even so the language is that of asking for a kindness from someone who may or may not grant it. What stands out however is the swearing of the oath and the choreography of this event – the placing of the hand under the thigh, the act of swearing that he would fulfil the request. It is reminiscent of the conversation between Abraham and the unnamed elder servant of his household who ruled over his estate: “Abraham was old, advanced in years … and Abraham said to the senior servant of his household, who had charge of his entire estate, ‘Put your hand under my thigh and I will make you swear by the Lord … that you will not take a wife for my son from the daughters of the Canaanites amongst who I live..” (24:1-4)

The two oaths – one to ensure that Isaac did not marry a local Canaanite girl nor leave the land himself, the other to ensure that Jacob would not be buried in the local Egyptian way, but would be returned to the land of his ancestors, resonate with each other. They build into the narrative the primacy of the land that has been promised, the land that will become known as Israel. And at the same time they reject the “other” culture, the local culture of Canaanites or of Egyptians, in favour of the covenantal culture being formed between the people of Israel and God.

Isaac is perceived as being too easily swayed – either by the local pagan tribes should he marry one of their daughters, or that in leaving the land he might never return. Jacob now is concerned that his own children should not themselves be swayed – either into adopting Egyptian traditions or to remain in exile from the land of their ancestors. Joseph, who had left the land as a very young lad, has already married an Egyptian, taken an Egyptian name, and brought two children into the world who might easily become fully identified with Egyptian peoplehood and lose their patrimony. Jacob deals with that by blessing and essentially adopting the boys as his own. The other brothers are in a way more complex – their identity may flow in any direction – and Jacob is determined they will retain their Hebrew identity and connection to the land of Israel. So he describes in detail not only the place for his burial, but echoes the narrative of who bought it and why, who of their forebears is buried there, pressing home the reality that this is their real place, the place to which they must return, and the covenant with God that they must retain.

As Rabbi Samson Raphael Hirsch comments: (on Genesis 47: 27-29)

“Jacob who had lived seventeen years in Egypt, must have noticed what a powerful influence the “being gripped by the land” (47:27) was beginning to have on his descendants. How they had already begun to see the Jordan in the Nile, and to find in their stay in Egypt no sad exile. This must have made him decide with such ceremonious solemnity the command that they should not bury him in Egypt, but that they should carry him to the land of their old true homeland. It was motive enough for him to say to them: You hope and wish to live in Egypt. I do not wish even to be buried there. This is also why he did not express this wish as Jacob, from his individual personal standpoint, but as “Israel” as bearer of the national mission, as a warning of the national future of his children.”  

The metanarrative here is about the identity of the descendants of Jacob – the “Children of Israel”. We take our patronymic not from Abraham or from Isaac, but from this flawed patriarch who struggled with God and with humanity and who prevails. Indeed the very first time the phrase “Children of Israel” is used in bible is within this very narrative at the Ford of Jabok – (Genesis 32:33) explaining the origin of not eating the sinew of the thigh vein because it was there that Jacob was wounded in his night-time struggle.

On his deathbed, Jacob is quite clearly doing all he can to infuse his sons with what we might now call a Jewish identity, to mitigate their Egyptian experience. He both refuses the siren call of Egypt and causes them to look towards the Land of Israel – specifically that land bought by Abraham to bury his wife, land to be part of the family holding in perpetuity. At this point the “Jewish identity” is a national identity – the earliest and deepest forms of our collective identity are not “religious” per se, but connected to land and to peoplehood. We are first and foremost a tribe and have tribal identity and behaviours. A tribe bound together in covenantal relationship with each other and with God, in shared stories and myths, in kinship with a sense of a shared lineage.

It is no accident that the children of Jacob become the exemplar for the twelve tribes of Israel. The first usage where the tribe is named as a tribe is in this sidra, (Genesis 49:16) when Jacob blesses Dan with the words

Dan shall judge his people, as one of the tribes of Israel.

 דָּ֖ן יָדִ֣ין עַמּ֑וֹ כְּאַחַ֖ד שִׁבְטֵ֥י יִשְׂרָאֵֽל:

With the death of Jacob we come to a pivot in history. The covenant between the patriarchs and God must now be reframed into that between the people and God. The endpoint of the process will be at Sinai, when the formal relationship is sealed with the giving of Torah. And with the last demands of the dying Jacob, the process is set in motion.

The sons of Jacob are a complicated bunch. Born of four different mothers – two full wives whose own sibling rivalry echoes in the text, one deeply loved, the other merely tolerated; and two lesser wives, the servants and surrogates for the sisters. It is a recipe for jealous competition among the offspring of Jacob, who are quarrelsome, violent and antagonistic men. It is clear from the story of the only daughter, Dina, that Jacob has no control over his sons, whose pride and anger are barely contained.  

Now here they are in Egypt – having stayed for seventeen years already – dependent on the goodwill of Joseph, the brother so hated that they had plotted fratricide. Yet for all the imbalance of power among the brothers, life was clearly good in a material sense, and there was a clear danger that the brothers were accommodated to the situation and would forget their homeland, and the destiny of the covenantal promise Jacob had betrayed both his own father and twin brother to attain.

The tradition of a deathbed blessing is a powerful one. It is less an act of blessing than a statement of searing honesty, intended to hold the “blessed” to account and to shape their future in the light of their past. As Jacob says “gather yourselves together, that I may tell you what will happen to you in the later days….hear sons of Jacob, listen to Israel your father”

Jacob is manipulating time. He is holding both the past and the future together, setting his sons in both past behaviour and future destiny. He calls them the children of Jacob, and himself Israel their father. As time becomes increasingly fluid and unstructured, what becomes clear is that these men are to be the bridge between what was and what will be, they become less individuals and more exemplars, the covenant will not be passed to a single person but be shared and embodied in the peoplehood, divided into families, households and tribes. Whatever it was he did, it worked. As the book of Exodus opens some four hundred years later, we will find that the Jewish people identify themselves by their tribe as well as by their family name.

Jacob will bequeath the certainty that the people and the land have an indissoluble bond. By rejecting Egyptian burial in favour of being buried with his forebears, he recalibrates the mindset not only of his sons, but of the generations who will follow. They will never forget throughout centuries of slavery that they have a land to which they must return. They will never forget the names of their Hebrew tribe; they will not allow their identities to dissolve or to assimilate into the people among whom they live. Identity politics has been created and sustained. Joseph too will ask for his bones to be taken back home, and hundreds of years later those who rebelled against their slavery in the name of a never forgotten God and with the aim of return to a never forgotten land, will take his remains home with them.

We Jews have retained not only our tribal habits but also our attachment – often without being able to convey exactly why this attachment – to the land of Israel.  Sometimes that attachment is expressed in life, sometimes in death. The Talmud already records the traffic in dead bodies being brought for burial in Israel, noting with some irritation that it is better late than never. Religious Judaism as we understand it is a post-biblical phenomenon. The deeper identity we share is a tribal one – we are a people with a shared story that is formed in us and accepted without conscious activity. And our identity shapes how we see the world and how we behave within it.

The deaths of Jacob and Joseph bring to an end the narratives of sibling rivalry that has plagued us since the fratricide of the children of Adam and Eve. And it sets up a different model – not individuals but tribes, no longer patriarchs but people.

The identity politics begun at Jacob’s deathbed are with us still, as are the internal rivalries that fracture but never break the collective. Jacob reminds his sons, and us too, that wherever life takes us and however we live there is an older and deeper identity that is rooted in us and that we must pass on down the generations.

We read in Talmud (Shevuot 39a) “Shekol Yisrael areivim zeh ba’zeh” – the whole Jewish people are considered responsible for each other”. This principle is actually found in two different forms, one “zeh ba’zeh” and one “zeh la’zeh”, leading to interpretations about what else may be understood. We generally accept the rabbinic idea that every individual Jew has responsibility for the moral behaviour of others, but there is another perspective open to us – areivim can mean “to be responsible for” but it also mean “to mix together”. The Jewish people, kol or Klal Yisrael, is a diverse and heterogeneous tribe, with different customs and differing appearances, organised in different families and groupings, the sub-groups mixed sometimes uneasily together. But in spite of our disparate and varied ways we all remain authentic members of the tribe “b’nei Yisrael” – and this is the legacy of Jacob, to whose tribe we all belong.