Tag Archives: mishpat

Vayelech: the time for us to grow up and take responsibility for our choices is upon us. or: the bnei mitzvah of the people of Israel

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Eight years ago one of my dearest friends was about to be seventy years old, and she decided to celebrate this momentous and biblical age by having her batmitzvah. I had tried to persuade her to do this for years and she had brushed me off; it is typical of her that she made her choice by herself on a date that had such resonance, and then throw herself into study and thinking for herself.  We talked a little about the date and the sidra, and then she chose to direct her own study and do her own research. Luckily she sent me a near final draft. I say luckily because she never read this drasha or celebrated that long awaited day, for with everything planned and organised and ready to go, she suffered a cataclysmic and sudden bereavement and the weekend was taken over instead with grief and shock and the arrangements to honour the dead.

We spoke a while afterwards about her celebrating her batmitzvah on a different date but we both knew that was not really going to happen. The anticipated joy would never be the same, the shadow of grief never quite left her, and she too would depart this world suddenly and unexpectedly and quite dramatically, leaving the rest of us a small flavour of the shock she had experienced on the day of her birthday batmitzvah, to grieve and to question, and to process the reality of what happens when a life is torn from the world without warning.

Checking my computer recently, and thinking also of her as I do at this time of year, I came across an email where she had sent me this draft of the drasha she was to give to the community she had been at the heart of for so many years. With the permission of her children, I want to share it here.

“Vayelech is the shortest parsha in the Torah. It is 30 verses long, and I don’t recall ever hearing it read. In non-leap years like this one it is linked with Nitzavim. When I read Nitzavim-Vayelech they held together. They are followed next week by Ha’azinu which, when I looked it up I discovered is one the 10 Shirot [songs] conceived or written as part of the Almighty’s pre-Creation preparations. The only one still to be written is the song we will sing when the Messiah comes. 

We are coming to the end of the Torah. This name, given to the first of the three sections of the Hebrew Bible, is better translated as Teaching. We are coming to the end of the month of Elul the month in which we begin to prepare for the approaching High Holy Days, and in the coming week we will celebrate Rosh Hashanah which in turn is followed by the 10 days of penitence and Yom Kippur. Then in roughly a month’s time on Simchat Torah we will finish reading the Teaching, the end of Deuteronomy, and seamlessly begin Bereishit – Genesis – again. 

Vayelech must contain the most important rite of passage in the whole history of our planet. But we will come to that.  

Israel is camped in its tribal groups on the banks of the Jordan, waiting to cross. The preceding parsha, Nitzavim, tells of Moses addressing the whole of Israel, in preparation for entering the land God has promised them. He reminds them they are standing before God, and is clear that every person is included in this relationship.

 [my son] tells me I can tell one joke… a clear example of don’t do as I do, do as I say …but I have two, and we will come to the second soon. A very good friend sent me a card, writing in it “I saw this, and thought of you.” The cartoon was a line drawing of 2 dogs, the larger one saying: “I understand more commands than I obey.” I hope you agree with me, that this is arguable!

Moses and God know from experience that the Children of Israel will fail to follow God’s Teaching. 

Moses warns those listening to him that the consequences of disobedience will be that the land will become desolate, but mitigates this by prophesying they will make t’shuvah, return to the right way, and God will reconcile with them and bring them back.

 And he says something that has always troubled me:  that the commandment he is giving to them and so to us “is not beyond you, or too remote. Not in Heaven, or across the sea. It is very close to you… in your mouth and in your heart, so you can do it.”

 What I have never been sure of is what this is, what it is that is in my heart, and in my mouth?  Not the 10 Commandments – too many!    And not the 613 mitzvot buried in the text. And then the man who is not my chief rabbi, Jonathan Sacks said quite plainly on radio 4, no less, what it is, even quoting where I should find it. It is found in Genesis chapter 18, vv 17 – 19, where God is choosing Abraham because he deals with his household with Tzedakah and Mishpat:  two words which together give the meaning of justice tempered with mercy. This is how we hope God will deal with us on Yom Hakippurim.

 And finally Moses said that we have a choice, God has given us the choice of life and death – blessing and curse. We should choose to love God and walk in God’s path and keep God’s commandments. And just as the penalties for not doing so have been listed, the rewards of obeying are explained. 

What we have been told is that all Israel is equally bound by this covenant, regardless of social position or occupation. And that even if we disobey God’s Laws there can be future redemption.

Further, we know that obedience to God’s Laws is within our scope. 

And also that we are to have that freedom to choose that sets us apart from the animals.

 And then we come to today’s portion, .Vayelech “And he went” which is the beginning of the rite of passage for the Children of Israel.

 There is to be a change of “Top Management”. This is the day of Moses’s 120th birthday, and Moses has finally accepted that it is also his death day. It’s been hard for Moses to come to terms with his mortality, and he has behaved a little like a child trying to justify not going to bed, not just yet. There’s no time to discuss this today, try reading Louis Ginsberg’s Legends of the Jews. God has been forbearing with this servant with whom God has been in conversation for the last 40 years.

 In this time the generations born into slavery have died, and the people who are born into freedom have known no other Leader. Moses has taught them, settled disputes, referred knotty halachic problems directly to God, and brought back the answers. It is explained that God will go with them, and lead them across the Jordan. Further, that although Moses may not go, they will have Joshua.

 Moses has been frightened of dying, and the Almighty has shown him Aaron’s painless death. God is giving him the signal honour of dying on the anniversary of his birthday, and although Moses is not to be allowed to cross the Jordan God has taken him to look down upon the land.

 Moses is kept busy on this day – there are the tribes to address, and writing enough copies of the Teaching to give one to each tribe, and lodge one in the Ark of the Covenant. This is talked of as a witness against the people, but I suppose it’s the master copy, and proof of God’s promises and provisions. Moses writes The Scroll to the very end, until it is finished, which is taken to mean that it is prophetic, containing as it does an account of his death. Further, the Almighty gives him a message to deliver, and a song of 43 verses, one of the 10 Shirot, to teach to the people.

  How many people do you think there were, camped by the river? How many going into the Promised Land?

 Jacob went to Egypt with 72 souls in his household. A rabble of 600,000 freed slaves left Egypt – and these were the men of fighting age. Add their relatives – minimally a wife each, one child. – Not parents and siblings – this could cause doubtful accounting – a conservative estimate would be 1,800,000 people. No wonder manna was needed!

Nor was it just Jews who escaped Egypt, plenty of escapee opportunists would have taken the chance, and been the “strangers within your gates” who are to have equality under the covenant with Jacob’s descendants.

 The instruction was given for this to be read every seven years in the shemittah year. All Israel is commanded to gather at Succot in the place God has appointed (eventually the Temple in Jerusalem) and the King read to the people from the Scroll.

 And the chapter ends with the prediction that Israel with turn away from God, and that God’s reaction would be to turn God’s face away from them – but also with the promise that their descendants will not forget the words which will remain in their mouths.

 So what is happening?

 It seems that with the completion of the Torah and our entry into the Promised Land, our Creator considers we are grown up. We have the Torah; we have the record in it of discussions and decisions. We are aware that we can judge matters between human beings – but not matters between human beings and God. We cannot deal with these because it is not our business to govern or over-rule another’s conscience.

 God will not appoint another Moses – there is to be no dynastical continuity. No further theophanies. Israel has become a nation of priests with everyone having access to the Almighty and to God’s mercy.

 And when we begin Genesis all over again, we go back to Creation and the dysfunctional families of Adam and Noah. When we come to Abraham, look out for the Teaching and how it is built on chapter by chapter.

 And where’s the second joke? – listen to the translation.”

Sadly, we never heard the second joke. And the poignancy of some of the comments in the drasha make for difficult reading for those who knew her and knew her later story, though the mischief of her personality comes through this text for me, as does her clear and certain faith in God. This was a woman who, as administrator in the synagogue, would regularly leave open the door to the sanctuary in her office hours “because God likes to go for a walk”, but actually so that visitors would feel able to enter and sit and offer their prayers or order their thoughts. She would tidy up the siddurim and make sure they were properly shelved, saying that upside down books “gave God a headache”, to cover her need to honour God by keeping the synagogue neat. She spent hundreds of hours talking to the lonely, reassuring the frightened, supporting the vulnerable. She spent hundreds of hours creating the databases and systems to ensure that the synagogue ran as effectively as it could. And the roots of all this voluntary caring for the synagogue community was her own life’s struggles and her awareness that if God considers we are grown up now, with equal access to the Almighty and no “top management” to direct us, then we had better get on with it, with the work of creating and sustaining the world with tzedakah and mishpat, with righteousness and justice.

In this period of the Ten Days, as we reflect on the lives we are leading, the choices we are making, and the mortality that will come for us all, either with or without warning, I read her drasha as a modern ”unetaneh tokef”, and, as I was for so many years when I was her rabbi and she my congregant, I am grateful for the learning I had from her.

 

In memoriam Jackie Alfred. September 1940 – January 2017

 

 

 

 

Shofetim: We all have a role to play in the ongoing deliverance of Justice

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In his last days, Moses is deeply concerned with the future good governance of the people.  Today’s sidra begins with his instructing the people: “shoftim v’shotrim titein lecha b’chol sh’areicha asher Adonai eloheicha notein lecha lishvatecha, v’shaftu et ha’am, mishpat tzedek”

Judges and officers you will give for yourselves in all your gates, which the Eternal your God gives you, lishvatecha (either in every town and settlement or else each tribe would have its own access to the judiciary); and they shall judge the people with righteous judgment.

Justice is clearly to be for everyone, in every place, the same. The legal system must not be open to undue influence, it must strain to judge each person with “mishpat tzedek”, righteous justice, and indeed Moses goes on to require “tzedek tzekek tirdof” – that the people must actively pursue this righteous behaviour, not be passive consumers of the justice or expect someone else to make it happen.

Moses goes on to detail what will become the different strands of leadership within the Jewish world of the time – first the monarchy, then the priesthood, then the prophets.  And there is much to be said about the way power is organised in this model: there will be a monarchy only if the people want this, and the instructions about this role are curiously more about what the king could NOT have and do, rather than what the king must do for the people: So there is to be no foreign power or return to Egypt, no building up of horses or wives or personal wealth, and the  honourable positive exception is that the king must write for himself a “mishneh haTorah hazot al sefer mi’lifnei ha’cohanim ha’levi’im” And it shall be, when he sits upon the throne of his kingdom, that he shall write for himself a copy of this law [Torah] in a book, out of that which is before the priests the Levites” and the king must read this book regularly in order not to separate himself from the people and to ensure that the king (and also the people) continue to follow the Torah of God.

There is to be the hereditary priesthood from the tribe of Levi, who will own no land but “Adonai hu nachalato” God is their inheritance and so they will eat from the offerings brought to God and they will control the ritual and the religious life of the people.  The prophets will come later, each one is to be a mouthpiece for God and will speak what God commands them, and the people are warned how to detect a true prophet from a false one.

Powerful and separate roles – that of judge, of sovereign, of priesthood, and of prophet – each holds a different power and each has a different job to do. The separation of powers is critical in the good governance of the people and has already evolved in Moses’ lifetime. But there is one role that is not spelled out yet is critical for the others to function.

The sidra begins “shoftim v’shotrim” and while it reminds us first that the shoftim, the judges will judge each person with “Mishpat tzedek – righteous Justice”, it seems to take for granted the role of the shotrim. Variously translated as “officers”, “bailiffs” these are the people who ensure that the judgments are carried out, that justice is done.

Rashi explains that the Shoftim are the judges who consider the cases and who render decisions. The Shotrim are the executive officers who translate the law into reality. In our world the Shoftim are both the legislature and the judiciary who must be independent and who must have the public good of a just society at the forefront of all they do, while the Shotrim would be the carriers out, the branch who must execute and implement, and if necessary enforce the laws decided by the shoftim.

Bring that forward into today’s world and we can understand just how critical a role the shotrim play.  There is, of course, some overlap and some dual-role activity. Our Parliamentarians are both the legislature in that they write and decide the laws, but they also have a responsibility to their constituency to ensure that justice will be pursued. Our Judges both interpret the law as it is written and create it case by case “on the ground”, and they must ensure that not just the law as it is codified shall be enacted, but that justice should be done – even if that means straining the legal language on occasion. Law as an ideal construct will of necessity not always speak to the situations of real human beings, and in such cases the shotrim must ensure that justice will be actively pursued.

Bible reminds us that for good governance there must be several different and separated roles so that power can be spread among them and not concentrated in too few hands. But this sidra is particularly interested in justice as part of that governance, and provides not only for the law-makers the shoftim, but for the justice enablers, the shotrim. Sometimes there may be a dissonance between the two, sometimes they will work well. Rashi suggests that the shotrim were there to ensure that the words of the shoftim are carried out, even going so far as to suggest chastising those who were not doing so.  But in the context of the separation of powers in this sidra, as well as the overarching theme of justice, I wonder if this can be right, whether their role is not to chastise the people but to ensure that justice matches the law.

As we sit in late preBrexit Britain, watching our legislature hide behind legal loopholes such as that the result of the advisory referendum cannot be challenged precisely because it was advisory, or that the findings of fraud and cheating are not reasons to legally annul the resultant vote;  when we see Jeremy Corbyn and the current leadership of the Labour Party tie itself into knots about the antiSemitism in the party, finding all kinds of jargon and spurious disciplinary or investigative processes to distance themselves from responsibility for their own behaviour; When we watch Boris Johnson cynically using dog whistle racism to shore up his own position in a party that is so afraid of the far right fringe that it has lost any sense of its own purpose; Then more than ever we cry out for the shotrim, the people who are not the leadership but whose purpose is to ensure that the leadership promotes justice rather than legalistic nuances.

Who are the shotrim? Well they are not defined in the text. They must clearly be people who have the ability to act as officers of governance. They must clearly be people for whom justice is the overriding value. They are, I think, people like you and me, who step up and speak up for justice.  For me the shotrim are embodied in people such as Carole Cadwalladr, who campaigns for transparency in the murky political world of Brexit, or the pro-bono lawyers who are challenging government at every turn. They are the leaders of civic society working for and demanding a safe haven for refugees, the boats of MSF literally fishing bodies out of the water of the Mediterranean.

But we don’t all have to be quite so all-consumed or so dedicated to do our bit towards being shotrim. We simply have to keep our focus on ensuring that justice is delivered equally for everyone, remind out government of this requirement, volunteer or write letters, become activists for a cause. It is our role to be human beings who care for the rights of other human beings. Put like that, it shouldn’t be too onerous a task. And it is a task we must accept for justice to thrive.