Ekev: justice and mercy, individual and society, unity and interdependence from the Shema to the Days of Awe

Ask most Jews to explain the Shema and chances are they will think only of the first paragraph. They will speak of the Affirmation of the unity of God, the centrality of that belief to Judaism. Many Jewish commentators wax lyrical about the Shema as confession of faith through the ages. There are stories of those who die “al Kiddush HaShem”, prolonging the words of the Shema until they expire, leaving this world with the proclamation of their belief in the one God. Others speak of  the duty to love God that is spoken of in the prayer, the requirement to keep Gods commandments and to teach our children to do so. They remind us of the awareness of God that is to be present at all times and in everything we do – whatever we look towards, whatever our hands are busy with.

So central to Jewish theology is this prayer, that the early leaders of the Reform Movement made a deliberate policy to highlight it during the services, and hence many progressive congregations would stand whilst the first paragraph is being recited, and some even open the ark so as to further underline the point.

But the Shema itself is actually comprised of three paragraphs, and in our zeal to highlight the first we have cast the other two into shadow. We are aided and abetted in this by our own siddur which offers other passages for reading in silence as well as the full text of the shema.

It is not surprising that the reformers were less keen to proclaim the sentiments of the second paragraph, for whilst the first has an underlying principle of Loving God, this one had as its essence the principle of Fearing God.

Here we have the God of Righteous Retribution. The powerful God of Justice whose requirement and commandments must be fulfilled on pain of death. No room for negotiation here, only unswerving dedication and acceptance of the mitzvot will do. This time God is perceived as rewarding the good and punishing the wicked. There is no middle way and there is no way out. If you truly listen go God, love and obey completely, the rains will come at the right time and the land will be fertile and productive.

If however your heart strays to other gods, then there will be no rain, the land will not produce and disaster will come

The equation is simple and horribly clear. Obeying God means remaining in the land which is lush and fertile; disobeying means the likelihood of a horrible death from famine.  Jeremiah, describing one such drought wrote: “Judah is in mourning, her settlements languish. Men are bowed to the ground and the outcry of Jerusalem rises. Their nobles sent their servants for water; they came to the cisterns they found no water. They returned their vessels empty. They are shamed and humiliated, they cover their heads. Because of the ground there is dismay, for there has been no rain on the earth. The ploughmen are shamed they cover their heads. Even the hind in the field forsakes her new-born fawn because there is no grass. And the wild asses stand on the bare heights, snuffling the air like jackals. Their eyes pine because there is no herbage”( Jer 14:1-6)

Rain in its due season, life giving water, is a gift from God. God may choose to withhold it and so cause wholesale death as punishment. This is the theology of the fundamentalist  who blames the difficulties we experience as punishment for someone’s (usually someone else’s) sin . It is a perception of God that is both childlike and horrific, a god without mercy who dispenses reward and punishment with machine like efficiency and no extenuating circumstances to be taken into account.

Small wonder the Reform Movement had no desire to weight this paragraph with the same glory as its predecessor. Small wonder the MRJ siddur took to printing it out only once, and in other places laconically writes “during the silence the second and third paragraphs of the Shema may be read, or the following” and then gives us uplifting selections from Isaiah, Proverbs or the Holiness Code in Leviticus.

Traditionally the three paragraphs are printed in full whenever the Shema is to be read, and the rabbis of old had other way of dealing with this rather frightening aspect of the almighty. Prayers for rain in their due season are recited in services, the principle prayer being recited during Musaf on the last day of Sukkot and from then until Pesach the sentence “mashiv ha ruach umoreed ha geshem” is inserted into the Amidah (who causes the wind to blow and the rain to fall). After Pesach another prayer for dew is recited and there are several other petitionary prayers recited at the appropriate times of the year.

The prayers for rain are amongst the earliest of all the liturgical texts and are clearly a response to the fear of divine threat that would withhold rain as punishment. If these prayers do not work, then the Mishnah lays down another response – that of fasting. The structures become greater the longer the period without rain, from people of merit fasting during daylight hours for three days to eventually the whole community fasting a total of thirteen days, with no washing, little business transacted and so on. The bible may describe certain punishment, but the rabbis modified it to take account of repentance.

Other responses take account of the fact that we do not often see the righteous rewarded nor the wicked punished in everyday life, though the development of the idea of an afterlife is later than the text here in Deuteronomy but once it appears in our philosophy, it means that punishment need not be tied into the agricultural year.

The book of Job was written as a response to the convention wisdom that all who are afflicted in life have in some way deserved it. Maimonides coped with this threat of divine retribution by writing that people should first serve God for a reward in order to learn to serve God without any motive – he took the view here (as with the sacrificial system) that ideal worship has to be learned and will not come without a process of weaning away from other forms. Hence this was a necessary stage in the history of the development of the relationship of the Jewish with God.

A more modern attempt to cope with this difficult second paragraph is to look at it in context with the first. In the first paragraph the underlying principle is love and the wording is in the singular – you will love God and do God’s commandments.  In the second paragraph the underlying principle is that of fear, and through the fear will come the acceptance of the yoke of the commandments – most of which cannot be done without other people.

The wording is in the plural precisely for that reason. One can fulfil the first paragraph alone, but for the second paragraph to be valid, other people are vital. The shema moves from the relationship of the individual with God to relationships within society. For these relationships to work there must be rules and sanctions, boundaries must be set in place for the security of all concerned. Love alone will not enable a society to function smoothly – courts of laws are needed to.

We are moving towards a time of the year when the image of God as Judge is becoming stronger. Soon we shall be entering the moth of Elul with its lead up to Rosh Hashanah and Yom Kippur. Nachmanides wrote that Rosh Hashanah is a day of judgement with mercy and Yom Kippur is a day of mercy with judgement. Either way both mercy and judgement are part of the unity of God, interdependent and of equal importance just as we see in the full shema.

There is a Midrash that before God made our world God first made and destroyed other worlds. Some were made only with justice but no one could survive. Some God made only with mercy and love but the inhabitants were anarchic and constantly destroyed each other. Finally God made a world with a blend of the two, an imperfect but pragmatic world that worked. And that was when God knew that it was good.

Kedoshim: increasing kiddush hashem and diminishing hillul hashem.

It has long been the habit to refer to all the Jews who historically were killed for adhering to their faith in times of persecution as having died “al Kiddush Hashem” and this idea has also become attached to the six million Jews murdered in the Shoah – they have become kedoshim through their deaths and are  elevated to the status of martyrdom.  I understand the comfort that may be derived by those who mourn their murdered family and friends to see their status as that of kedoshim, but I have always found this slide of the terminology to be problematic. To me martyrdom should be a conscious choice. To me their murder is a Hillul Hashem, and no holiness can be found within it, only in the responses both at the time and afterwards to protest, to remember, to mourn, to live on.

I am uncomfortable also in the loss of the full name of Yom haShoah, which is actually “Yom Hashoah Ve-Hagevurah”— literally the “Day of (remembrance of) the Holocaust and the Heroism.” All choice has been removed from our remembering – both the lack of choice of those who were rounded up and unable to protest, and the powerful choices made by those who did protest, or who were partisans or who hid themselves or others from the evil around them.  By diminishing the heroism, by diminishing the choices people made from their own humanity and their ethical imperatives, it seems to be we lose out on Kiddush Hashem as people are able to bring it about. Instead we focus on the Hillul Hashem of those who mindlessly or not destroyed the hopes and lives of so many and we coat the victims in martyrdom as if to bring honour to their destinies.

Yom HaShoah was created to remember those we have defined as kedoshim either through martyrdom or through protecting God’s creation when others were trying to destroy it, and the date was chosen by the Government of Israel to remember them. It is no coincidence that the date chosen by the politicians was out of sync from the date that would have been chosen by rabbinic tradition, and instead of being placed on a traditional day of mourning such as tenth Tevet or Tisha b’Av it was placed a week before the celebration of the Israel Independence Day – Yom ha’Atzma’ut. This placing has led to a connection in the minds of many, that the outcome of the murder of the 6 million is the creation of the modern State of Israel.

For me this is deeply problematic. Not only does it submerge the many prior years of political Zionism that worked to create a Jewish state, but it builds the state on the martyrdom of the ‘kedoshim’, many of whom were not natural Zionists in life.  In so doing, it changes the nature of the contract with the land we have had since this Torah text was given – that we have the land of Israel because God has given it to us, and we have a responsibility to live on it in a way that promotes Kiddush Hashem. Sidra Kedoshim makes clear that our continued living on the land of Israel depends on our living lives of kedoshim, ethical lives where the vulnerable are protected, the land is cared for, and where a lived awareness of the focussed attention of God and the desire to behave as God would wish us to do should always be part of our daily routines. By making the idea of ‘kedoshim’ the historical foundation of the State rather than the aspiration of the contemporary society we reduce the imperative to behave in holiness. And that is dangerous, for if we are not acting to promote Kiddush Hashem we run the risk of sliding into its shadow, of Hillul Hashem. If we believe we have an entitlement not given to us by Torah but by the deaths of innocents then we can easily act from that sense of entitlement, and we forget the conditions given here in Leviticus that the land will not tolerate our bad behaviour.

The rabbis of the Talmud spoke of being kedoshim as living in such a way as to imitate the divine qualities of mercy and kindness.  They specifically ruled out imitating the parallel divine attribute of strict justice often seen as working in balance with divine mercy and which may impose conditions for the way the mercy might be applied. They are advocating undiscriminating kindness to others in order both to achieve kedoshim and to increase the presence of God in the world. I am reminded of Rabbi Abraham Joshua Heschel who wrote “when I was young I used to admire clever people, now I am older I admire kind people” and I hope that beyond admiration, we remember the vulnerable and the powerless and those who sought to help and protect them, and in remembering our own experience of helplessness and oppression we too strive to increase kindness in our world.