Shavuot: A new model of relationship where women are (also) in the narrative

We first find the festival in the book of Exodus where it is called called הקציר חג hag ha-katzir “the  festival of harvest” later clarified with the information that the harvest is of “the first-fruits of your labours” (Exodus 23:16). When we meet it in Leviticus (ch23) it has no name but we are told to count seven complete weeks plus one day -fifty days- and then bring a new meal offering and other sacrifices – the first fruits – to God. In the book of Numbers (28:26) we are told it is  “the day of the first-fruits, הבכורים יום when you bring a new meal-offering to the Eternal in your feast of weeks” and in Deuteronomy it is called the festival of Shavuot because of the counting of seven weeks from having put the sickle to the standing grain.

There is nothing in bible about this being the festival of the giving of Torah, the name we use now in our liturgical marking of the festival. Shavuot as we know it is a construction that builds on the ritual of bringing first fruits as sacrifices to the Temple to acknowledge God’s presence in our lives, and replaces this with the covenantal relationship we have as a people with God, a relationship which is documented and defined by the giving and receiving of Torah.

So how amazing it is then that this festival which is the bridge par excellence between Temple and Rabbinic Judaism has as one of its major texts the story told in the book of Ruth, one of only two books named for a woman in the whole of Torah, a book which places women and women’s relationships right at the centre of the narrative, as one of them freely accepts all the obligations of Torah to join the Jewish people, and the other acts as her guide and support.

Other women also feature in the book, with strong supporting roles. Orpah, the other sister in law, who chooses to go back to her own people rather than go forward with Ruth and Naomi to an unknown future. The women of Bethlehem who act like a chorus and comment on the situation of Naomi. Even the matriarchs Rachel and Leah and the brave and resourceful Tamar make an extraordinary appearance, when the elders tell Boaz: ‘We are witnesses. The Eternal make the woman that is come into your house like Rachel and like Leah, which two did build the house of Israel….and let your house be like the house of Perez, whom Tamar bore to Judah, of the seed which the Eternal shall give thee of this young woman.’ (Ruth 4:11-12)

As we are modelling a new relationship with God that has moved from the cult of sacrificial worship to a Judaism based on words and actions that aspire to bring us closer to God, the leading figures are the women, and we have two pairs of women – Naomi and Ruth, Rachel and Leah, who have modelled for us an extraordinary generous and compassionate relationship. The sisters had had the misfortune to marry the same man, and therefore be thrown into competition with each other, something that is not referred to in the text before Jacob came along, and we know that Rachel took pity on her older – and less loved -sister Leah by giving her tokens to seduce Jacob. Naomi and Ruth had the misfortune to be widowed and left without masculine support in a patriarchal world, but Ruth’s determination to stay with Naomi and Naomi’s supportive matriarchal abilities meant that all ended well for them both – indeed it is in this book that we find the only time a woman is described as loving another woman – right at the end of the book the women of Bethlehem say that Ruth loves (a.ha.v) Naomi, and Naomi nurses Ruth’s child, an act of extraordinary love and unity. Their relationship is the exact opposite of the parody of mother-in-law / daughter-in-law. It’s true there is no husband/son to fight over but they do not fight over the child/grandchild but instead are both functioning as its mother – indeed the women of Bethlehem say “a child is born to Naomi” rather than to Ruth – the mothering is from both women without problem.

The blessing given when Boaz is to marry Ruth is another extraordinary piece of text. “The Eternal make the woman that is come into your house like Rachel and like Leah, which two did build the house of Israel”. There is a clear resonance with the blessing by Jacob of his two grandsons by Joseph (Genesis 48:20) “By you will Israel bless, saying: God make thee as Ephraim and as Manasseh” – itself a blessing of harmonisation, given that Ephraim (the younger) is placed above Manasseh, with no complaint or jealousy shown by the boys, a first in the blessing of sons in the book of Genesis. So again this is a blessing of resolution of any rivalries, a bringing together of two who might fight against each other but instead choose to work together without hostility. Then comes the naming of Rachel and Leah, sisters whose relationship may have been poisoned by the actions of Jacob, each wanting what the other had from him – one wanting love, the other wanting children. Apart from the disruption in their lives caused by Jacob, there is no textual reference to any hostility between them. And here they are credited as being the two who built the house of Israel.  Sarah and Rebecca here are less important as matriarchs – it is the mothers of the twelve tribes who take centre stage as with the tribal configuration Israel becomes less one family and more one people. I am aware that Bilhah and Zilpah are also the mothers of sons of Jacob and are not credited with this – I think because legally they are surrogates, the children not belonging to them, and this is a subject that will be given space in the future.

So here as the denouement of the text, the marriage of the foreign woman Ruth to Boaz a descendant of Tamar and Judah, and the bringing into the house of Naomi (who midrash gives a genealogy that will also lead to Judah and Tamar) means that the house of Boaz will be built like the house of Israel – the Jewish people will grow in numbers and in strength, but also be ready to receive Torah in its life, as Ruth has demonstrated her willing acceptance out in the wilds Moab just as the Israelites demonstrated their acceptance in the wilds of Sinai. There is a harmonisation, a sense of bringing together loose ends and readying for the next stage, and it is all done through the relationship of women with each other, choosing not to try to best each other or outdo each other, but to work together to build for the future.

And what an edifice was built on the foundations of these women. Of Tamar who boldly waylaid Judah in order to have the child that was rightfully hers and that would liberate her from yevamah. Of Rachel and Leah who became the matriarchs of tribal Judaism. Of Naomi who survived the deaths of her husband and sons, who ‘came back empty’ in her own words but who found the way to replenish and rebuild, based on her relationship of love and dvekut with her foreign daughter in law. Of Ruth, whose behaviour would not now pass the test of tzniut in many communities, but who also found a way to replenish and rebuild a life that may otherwise have dwindled into nothing.

The edifice built was ultimately the Davidic line of monarchy as the genealogy at the end of the book tells us.  And this is another ‘wild card’ in the patriarchal narrative we are so used to. For David is the grandchild of a Moabite woman and a descendant of more than one woman who used their bodies and their sexuality to gain what they needed. He is the descendant of men who left Beit Lechem to go to the hated Moab in time of famine and paid for it with their lives. He is the scion of a family with more skeletons in their wardrobe than one can imagine, and at the same time he is the descendant of women who broke the mould of sibling rivalries and patriarchal power plays, who chose to work together, to love each other in the most unlikely circumstances, to help each other unselfishly.

Torah was given to a people who were afraid and trembling, in a desert where they were insecure by a God who was so terrifying that they begged Moses to act as intermediary and agent for them. Sinai is a powerful piece of theatre with smoke and mountains that shook and the sound of a shofar piercing the air. At Shavuot we get a different model – a young woman who willingly and with love stays with an older woman and helps her return to her home, an older woman who willingly and with love guides the younger towards a future that will be blessed with security and warmth. No great theatre, no powerful revelation, just the day to day living of two people helping each other out.

I think the rabbis chose well when this book became the story read to parallel the theophany at Sinai. Here are the women, who were so hidden from view in the Exodus telling of the story. Here are the ordinary and quotidian activities of people caring for each other. Here is a true story of love and of people helping each other to what they need – no fireworks, no drama – just the reality of covenantal relationship in its quiet and extraordinary glory.

 

Devarim: Shabbat Chazon:- Both Vision and Words to understand how we got to this position and how we stand with God.

On the Shabbat before Tisha b’Av the liturgical calendar demands that we begin to read the book of Deuteronomy – Devarim, and for the haftarah we read the vision of Isaiah, the reading which unusually gives the Shabbat its special name – Chazon, vision. This haftarah is the third of a set of three haftarot that do not match up with the torah reading, but rather with the three weeks before the ninth of Av, and are called the haftarot of rebuke.  (In this case while today is the 9th of Av, it serves as the Shabbat before as we do not fast on Shabbat, and Tisha b’Av observance will begin tonight)

All sorts of cycles of Jewish history and philosophy come together in the readings for this week, focussing us for the task ahead as we become aware of the nearness of Ellul, and the need for serious introspection.  And the words, the language of the readings, give us a number of hints, guiding our thought patterns gently but certainly, as we enter this time.

On Tisha b’Av by tradition we read the Megillah of Lamentations, known by its first exclamation of desperation and sorrow – Eicha. The word, meaning “How can this be?” or simply “Alas” is not particularly common in bible, yet it appears in both the torah reading and the haftarah today.  It is as if the exclamation is being used as a prompt to our subconscious –“How can we have arrived at this state once more after all our good intentions last year?”

The word is uncommon.  It is used only by three prophets – Moses, Isaiah and Jeremiah (here in Lamentations).  But there is another word which looks exactly the same in the unpointed torah text and the Midrash notes this with interest:  After Adam and Eve had eaten of the tree of knowledge of good and evil they hid themselves away from God when God came looking for them in the garden.  And God called out to them “Ayeka” – Where are you?

The words Eicha? And Ayeka? look the same in the unvowelled text.

The Midrash suggest that in that call God was showing all the despair that would later be the Jewish experience at the destruction of Jerusalem – “How lonely sits the city once great with people”. (Lam1:1)

The link is obvious – that it is the choices we make that bring about ill fortune, it is our own behaviour that is the progenitor of our despair.

But there is another way to look at this similarity of consonants – in the passage in Genesis God calls out to human beings “Where are you”, but we might as easily call out to God the same question.  As we survey the destruction of our worlds again and again, we must ask of God – “where are You?”

Some years ago I had a long conversation with a woman congregant who had been brought out of Germany as a child in the kinderstransport, but who had then had to live with the terrible pain of knowing that her family had not survived the camps, had written letters to her begging her to help them out of that hell, had died wondering if she would be able to save them.  She told me that she was not going to fast on Yom Kippur any more.  I said I thought that was reasonable – she was ill and on a great deal of medication, but that wasn’t her point.  “No” she said, “it isn’t the medication, it is just that for nearly 80 years I have been saying sorry to God every Yom Kippur, and now I feel I have done it.  Now it is time for God to begin to say sorry to me”.

Her life had been long and filled with all sorts of pain, emotional, spiritual and physical.  But she had come to the last stretch and she had a problem for God.  It was both the exclamation “Eicha” and the question “Ayeka” – “How could this happen? Where were You?”

The list of the calamities that are said to have occurred on Tisha b’Av is extensive.  The day that the spies reported back that the land was wonderful but would not be easy to take – and the people rejected Moses and Joshua’s urging to go into battle for it – was said to have been Tisha b’Av for example.  And as we consider the violent history of the Jewish people, surviving terrible destructions again and again, we are left with the questions – “How could it have happened again?  Eicha?  And: Where were You? Ayeka?”

As the pain of the Jewish people reverberates down the centuries, so do those two words.

Which brings us to Devarim – and Chazon.

God creates the world in the very beginning of Torah with words – God speaks and the world as we know it emerges.  The huge bulk of Torah takes place in the midbar, the place where the action of speech and the words spoken create a space in which God can be encountered.  Wilderness, unstructured and unowned land – the dimension where ideas can be embodied not only in our usual use of language but in our very existence.  And at the end of the book of Numbers, known as Bemidbar, the narration leaves us poised on the edge of the land, with Moses about to die and told to anoint Joshua, the only other survivor of the midbar experience, as his successor.  Moses passes on his authority of leadership, he climbs a mountain so as to see the midbar where he has spent most of his life, and the land of Canaan which he will never enter, and then he begins to speak. Devarim. Words pour from him in a torrent. His memories, his meaning, his purpose – his very soul. Facing his end he chooses to mirror the actions of God at the creation of the world – he uses words to bring into being the most important things he knows.  He answers the questions “Eicha” – how can these situations happen?”  And “Ayeka – where are You?”

The situations happen because we contribute again and again to them happening.  Where is God?– God is right here.  Moses wants us to know these answers. He puts an enormous amount of energy into reminding us, calling heaven and earth as witness. He rehearses our history – and our complicity in it.  He offers blessings and curses and repeats the simple rule – what we choose to do always has consequences.  And he tells us again and again how God is waiting for us, is close to us, is never far away and only waiting for our call.  Poor Moses – it is learning he can never quite pass on to us, for each of us has to learn it for ourselves.

Today is Shabbat Devarim. It marks the beginning of the book of Moses’ final and more distilled teachings to go with us into the future when Moses cannot.  It is the Shabbat before Tisha b’Av, a day of almost resigned and patient waiting for the worst after almost three weeks of semi mourning.  Words seem to be useless now. They cannot change the future.  We arealmost weighed down by the number of them being prayed and read, exclaimed or muttered.

Words are everywhere – we cannot get away from them. And they begin to lose their power to reach us, so many words surround us.

And so Isaiah brings us something else along to help us with all these words – he brings a vision, a different sense of how to interpret and understand the world.

The vision of Isaiah son of Amotz….  Isaiah’s vision projects onto the harsh reality around him and establishes a different kind of perspective. Isaiah reminds us that at the Creation God spoke, and God saw.  Sometimes, when the words aren’t enough any more, it is important to draw back and to see. To notice, to observe and perceive, to witness.

We Jews are a people of words, and we can use words in so many clever ways. We are sometimes able to block out our reality for a time with a judicious use of language.  We are sometimes able to confuse ourselves or others about the truth of our lives.  We can construct so many different worlds, from the minutiae of our legal system to the legends chronicled in our midrashim.  By declaring time sacred, we can make it so for the period of Shabbat.  By asserting our scriptural narrative we can make order in the universe.  But sometimes we need not to declare or proclaim, but to look, and to really see.  We may have a prayer called “Shema” – Listen!  which we expect others as well as ourselves to hear as we recite it, but we also have a torah reading “Re’eh” – see!

Moses, our greatest prophet, said of himself that he was not so good with words.  He had instead the experience, the encounter, the vision, to take him and our people through the wilderness and to the edge of the promised land. Our prophets were also men – and women – of vision, something we occasionally choose to forget.

But this Shabbat we are reminded – Chazon as well as Devarim – Vision as well as words, to look as well as to speak and listen.

As we enter Tisha b’Av we will need both of these senses fully honed.  And in the run up to Rosh Hashanah and Yom Kippur which these liturgical events signal to us, we are reminded- use words to understand the world and explain it to ourselves and to God, use words to pray, to ask, to meet each other – but never forget the other sense – stand back and really take a long hard look at our world and our place in it.  Watch ourselves and perceive our own contribution to where we now are.  Forget our clever use of words just for once, and instead, use our sight our foresight, our imagination, our revelation – get in touch once more with our own vision.

Shavuot: the voice of God is heard in the voices of ALL the people. (Or women were at Sinai too, and at the kotel)

In a very few days we will be celebrating Shavuot, a festival of biblical origin which can lay claim to being  one of the most mysterious of our holy days. To begin with, it has no fixed date but instead we have to count towards it from the first day of the Omer, the bringing of a sheaf of the new barley harvest which must be offered in thanksgiving before the harvest can be used. In Leviticus 23 we read “And the Eternal said to Moses, Speak to the Children of Israel and tell them, ‘When you are come into the land which I am giving you, and you reap its harvest, then you will bring the first omer of your harvest to the priest, and he will wave the omer before the Eternal for you to be accepted, on the morrow after the Sabbath, the priest will wave it…and you will not eat bread nor parched corn nor fresh corn until this day, until you have brought the offering of God, it is a statute forever…and you will count from the morrow after the Sabbath from the day that you brought the omer of waving, seven weeks shall be complete, until the morning after the seventh week you shall count fifty days, and you shall present a new meal offering to the Eternal” (9-16)

In this opaque text a few things stand out: That we must bring from the new harvest in thanksgiving to the Creator of all before we can eat from it. That we must count a period of fifty days from the bringing of one harvest (barley) till the next harvest (wheat), and that the fiftieth day is also to be a festival with full ritual panoply.

It is a feast of harvest, a festival of first fruits – but so are other festivals. It feels like there is something missing in the text, some other layer that was either so well known as to be pointless to explain, or something so deeply mysterious as to be impossible to explain.  Its name is also problematic – in the same chapter we are told of the festival of matza called Pesach and of the festival of booths called Succot but Shavuot – it just means weeks.

The lacunae were noticed very early on and if nature abhors a vacuum, rabbinic tradition refuses to allow one too, rushing to fill any apparent jump or void in text with explanation and midrash. So to begin – what is the date of Shavuot? Should it always be a Sunday, as it would be if we really counted seven weeks from the ‘morrow after the shabbat’    הַשַּׁבָּת  מִמָּחֳרַת

The Second Temple period was one of great disruption and great creativity. Two powerful groups – the Pharisees (forerunners of the Rabbinic tradition) and the Sadducees (political and priestly elite) differed as to the date of Shavuot. The Sadducees read the text literally – the counting began the day after the Shabbat, while the Pharisees interpreted it, specifically that the word “Sabbath” was a word meaning not just the seventh day, but also “festival”, specifically in is case the festival just described before the text quoted, and therefore the omer counting would begin the day after the first day of Pesach.  At a stroke Shavuot was linked to Pesach and with a little creative accounting with the days of the journey towards Mt Sinai the Rabbis could attach the events at Sinai, the giving of the Ten Commandments and the creation of peoplehood with Torah as its powerful identifier to this date. So Exodus linked to Revelation, Freedom to Responsibility, and Shavuot stopped being simply an agricultural festival on a date that could vary and became a fixed point – a high point – in our journey to Judaism.  Shavuot became zeman matan torahteinu – the time of the giving of our Torah – the oral as well as the written – and more than that became the date of the unbreakable covenant made between God and the Jewish people.

So by extension, Shavuot became understood to be the date that we became not just a people, but God’s people. God descended far enough from the heavens to build a different kind of relationship with us, offered us a gift in order to delineate that relationship. And the language of marriage came into play – God wooed us in the desert and brought us to Sinai where the ‘wedding’ took place. God plays the part of the groom, Israel of the bride, and the words of Hosea are used “I will betroth you to me for ever, I will betroth you in righteousness and justice, In love and compassion, I will betroth you in faithfulness and you will know the Eternal (Hosea 2:2.1-2.). The mystical tradition went so far as to create a wedding liturgy within the Shavuot service, and famously Israel Najara, the poet and mystic of Sfat, created a ketubah to be read before the Torah reading in which God as bridegroom and Israel as bride are symbolically betrothed.

Some texts see the marriage as between God (groom) and Israel (bride) with the Torah as the binding contract; others see it as between Israel as groom and Torah as bride, with God as witness and the Oral Torah with Shabbat as dowry. Whichever role the participants took, the imagery of the marriage relationship is one of the most potent of the festival, and it points to the power that the rabbinic tradition saw in the marriage relationship.

The people of Israel as the bride of God, the covenant of marriage being marked with Torah, with Shabbat, with gifts that bring us closer to God – it is extraordinary in so many ways.  The position of the woman in this image – that she is Israel, that Israel is fundamentally feminine, and that the relationship is one of real love and partnership between both parties to the agreement -this is the ideal of marriage. Right from the creation stories in Genesis, where God created men and women at the same time, or where God created woman to be ezer k’negdo, a partner and help who was equal and in dynamic tension to the man, the relationship of marriage between two companions in bible and in the early rabbinic world was real partnership and both parties had their own agency and autonomy which contributed to a strong and confident enterprise.

Quite how we got to the position today from this ideal and idealised partnership to women being marginalised and disempowered in many areas of ‘traditional’ Judaism is a long and painful journey.  How has Israel, the bride of God, relegated its own women to behind a mechitza, distanced us from prayer and from learning, spun stories of idealisation that turn the Shavuot ideas on their head, (for example those about the special spirituality of women which means they don’t need to perform mitzvot). Over time there has been a persistent and incremental and continuing removal of women from the discourse of partnership, from the public space and from the partnership which is developed and rooted in the Shavuot mythology of the marriage between God and Israel.  At Sinai the mountain trembled and the people trembled and all the people stood together at the foot of the mountain and all the people answered together saying “everything that God has spoken we will do” as the voice of the shofar was heard and God answered Moses with a voice.  Voices mingling and speaking and answering – God’s voice, Moses’ voice, the voice of all the people, the voice of the shofar. But now it seems that some voices have precedence and other voices must be stilled. After generations of lying fallow and unused in Talmud the dictum of kol isha has surfaced in rabbinic thinking as a prop to their wish to remove women’s voices from their hearing.

Yesterday on Rosh Chodesh Sivan, the women of the wall (WOW)  in Jerusalem held their service for the new month early in the morning. 80 women and more prayed together from their hearts, welcoming the new month and the upcoming festival where Torah was given to ALL the people at Sinai. The prayer was respectful and peaceful and yet – Lesley Sachs, the Director of WOW was detained with the Torah scroll immediately following RH Sivan prayers. Despite a quiet prayer, Sachs was held by police for “disturbing the public order”.  The man who oversees the administration of the wall Rabbi Rabinowitz told journalists that she had smuggled the Torah scroll in under her skirt. An extraordinarily offensive accusation that was provably untrue – she was wearing trousers. But this insight into the mind of the ‘traditional’ rabbi tells us a lot as to why women’s voices are being silenced – what exists under a woman’s skirt is somehow terrifying, our sexuality must be controlled and restrained, a woman’s voice is her nakedness/lewdness in the minds of those who distort the biblical quotation (from a woman’s voice is her sweetness)

We are approaching the anniversary of what happened at Sinai when ALL the people witnessed the divine theophany and ALL the people accepted Torah.  This Shavuot it is even more important that we make sure that ALL the voices can be heard in our public spaces and places, in teaching and learning, in work and in play.  For if God chose to do to Israel what some in Israel choose to do to women, then the marriage must surely be voided on grounds of complete deviation from the agreement.  The countdown is nearly over, the last days of the omer are here. It has been a period of reflection and quietness, readying ourselves for the revelation. Let’s hope the revelation takes us back to our roots, and that the voice of women in prayer and learning will once again be heard with the voice of men doing the same.

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Mishpatim: Torah MiSinai is only one half of the conversation

In parashat Yitro is the climactic coming together of God and the Israelite people as three months after the dramatic exodus from Egypt following signs and wonders, the people are encamped at the foot of Mt Sinai and Moses and God encounter each other once more in order to create the agreement that as long as the people will obey God’s voice and keep the covenant, then they will be God’s special treasure among all the peoples of the earth, and shall become a kingdom of priests to God, and a holy nation. (Exodus 19:5,6). A period of purification is followed by the majesty of the presence of God, and the words of God are declaimed amid black smoke, thunder and lightning, terrifying the people who declare their willingness to accept the covenant but ask for Moses to be their representative and for them to keep well away from whatever is going on.

The relationship is consummated with words, called in Hebrew the Asseret haDibrot, the Ten Statements, which function essentially as the paragraph headings that prescribe the boundaries and the requirements of the relationship.

Like any new relationship, each side views the other as pretty wonderful, there is no need immediately to get into the gritty details of the red lines and the expectations that will make living together successful or not. But soon of course those realities set in and the couple have to ‘talk tachlis’. Hence the detailed miscellany of laws in the following chapters, including a whole sidra named ‘mishpatim’: the laws and rules of the relationship.

This year, I was especially drawn to thinking about the authority of the rules – who gets to decide what they are, who gets to change them, and to ask – how does the relationship evolve?

In Exodus 24 we have insight into the beginning of the ‘tachlis period’. Moses is to come alone to God. There has been some etiquette about introducing the leaders of the people further up the Mountain, but now Moses tells the people all God’s words and the people answer in unified response “all the words which the Eternal spoke we will do”. Then Moses writes down all the words of God (it is not clear where he does this), after which he builds an altar representing the entire people and there is a sacrificial rite, followed by this information “And Moses took the book of the covenant, and read in the hearing of the people; and they said: ‘All that the Eternal has spoken will we do, and we will understand.’ (24:7)

What is this Book of the Covenant? Why does Moses follow his reading – and the people’s oddly worded response – with a ritual where he takes the blood of the previous sacrifice, sprinkles it on the people and tells them ‘Behold the blood of the covenant, which the Eternal has made with you in agreement with all these words.’ We now have a Book of the Covenant (Sefer ha brit) and Blood of the Covenant (dam ha brit) and then suddenly we are in a vision, as the 70 plus elders of Israel find themselves at a feast where they see God standing on a clear sapphire pavement.

Just as suddenly we are out. God tells Moses ‘Come up to Me into the mount and be there; and I will give you the tablets of stone, and the Torah (teaching) and the commandment (mitzvah)(, which I have written, that you may teach them.’ (v12)

What are these tablets of stone, the Torah and the Mitzvah that Moses is to teach? How do they fit into the covenant? Why then does Moses stay on the mountain after this for forty days and nights, hidden in cloud, leaving his people leaderless and frightened and alone?

The text, like the top of the mountain, is opaque. We cannot understand the encounter, only know that there was indeed such a moment that cemented the relationship between God and Israel, a relationship that might go through many rocky patches and many silences, but which will never actually break. We have a brit, a covenant, and we are tied to each other for eternity.

But what are the parameters of the covenant? What do we have to do? What will we come to understand? And while the existence of the covenant is unchanging, the conditions have clearly developed and altered.

The Talmud sets out the traditional position of the verse asking: What is the meaning of “And I will give you the tablets of stone and the law and the commandment, which I have written so that you can teach them”? “Tablets of stone”-these are the Ten Commandments, “the law” -this is the Torah, “the commandment”- this is the Mishnah,” which I have written”- these are the Prophets and the Writings, “that you may teach them”- this is the Gemara. And it teaches that they were all given to Moses on Sinai (TB Berachot 5a).

This passage is frequently cited as the proof text of Torah miSinai – that God gave to Moses everything that would become Rabbinic Judaism in later years. Either it was given at Sinai or it has no authenticity runs the argument. But surely this cannot be a literal reading of the biblical text, nor a complete reading of the Talmudic one.

The phrase Torah mi Sinai is found only once in Talmudic texts – in the introduction to the Mishnah of Pirkei Avot, where we are told “Moses received the Torah from Sinai and transmitted it Joshua. Joshua transmitted it to the Elders, the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly. They [the Men of the Great Assembly] said three things: Be deliberate in judgment, raise many students, and make a protective fence for the Torah.”

It is found not at all in Bible, and indeed while the seeds of the idea of divine revelation encompassing the whole of what became Rabbinic/Halachic Judaism can be discerned, they are only in the later books of Chronicles and of Ezra and Nehemiah, books which are generally seen as being written only in the 5th/4th Century BCE. These books use the words haTorah / Torah while earlier books refer always to Torot, a plurality of teachings. The Book of Nehemiah even refers to Ezra reading In the book, in the Law of God, (BaSefer, b’torat Elohim) distinctly; and they gave the sense, and caused them to understand the reading. (8:8,18), and also” Ezra the scribe [was asked] to bring the book of the Law of Moses, which the Eternal had commanded to Israel”, and so clearly by the early Second Temple period there was a tradition of a Mosaic/divine book of Torah, which is variously described as being the Torah of God or the Torah of Moses, something unknown in earlier biblical texts.

This idea is seized upon by the Rabbis who took for themselves the right to decide not only what the texts would mean, but also used it to assert their authority and control over the people. Hence we have the midrashic text in Leviticus Rabbah (5th Century) ““everything an experienced pupil might ever say to his teacher was revealed to Moses at Sinai.”, and the more worrying Mishnah Sanhedrin (10:1) “…These have no share in the World to Come: One who says that [the belief of] resurrection of the dead is not from the Torah, [one who says that] that the Torah is not from Heaven, and one who denigrates the Torah..”

Why did they do this? Was it in order to emphasise the authenticity of their authority post Temple, against the Karaites and the Sadducees and those who wished to continue Priestly authority? This would certainly make sense as they were reinventing what it meant to be Jewish after the central worship authority had disappeared, and a multiplicity of rival claims may have spread the Jewish people too thinly to survive.

But we are in a different world, where literary criticism and scholarship that takes into account the context of a text mean that we can see that Torah miSinai cannot be a literal description of our foundational texts. Even Maimonides, who famously enshrined Torah miSinai into his thirteen principles of faith, would surely have framed those principles differently in modern times, (And one must also take into account the context of those principles that became Yigdal – he was responding to Islamic claims about the superiority of its revelatory texts).

Whatever the Torah of Moses /the Torah of God means, for which the shorthand remains “Torah miSinai”, it has become a barrier for the Jewish people rather than an enabler. People who have good academic understanding in the secular world find the notion of one book literally given at one time on a desert mountain to be improbable, which means that the world of scriptural literalists tries to keep modernity away from ‘their’ Jews, with terrible consequences often. People who seek to understand the text differently are shunned or worse, treated as if they are no longer Jews. And then there is the halachic process, which from being a dynamic and responsive practice has become solidified and deeply unhelpful often, simply because there is nothing ‘miSinai’ that pushes for change.

I love the idea of God speaking with Moses in the presence of the entire people, and that being an inspirational and creative moment that energised the ongoing relationship of God and the Jews. But I hate the idea that the route to the relationship is held in the hands of people with little understanding of modernity or the modern Jewish people and State, who try to excommunicate anyone who challenges or brings in modern ideas from the Covenant and the peoplehood.

It is time to reclaim Torah MiSinai, to go back to that moment where the whole people heard and said, we will do and we will understand, and while they may have deputed Moses to negotiate the contract on their behalf, did not abdicate their own responsibility for being part of the development of what the contract would mean over time.

_Moses_on_Mount_Sinai_Jean-Léon_Gérôme_-1895-1900

Devarim: religious reform has a long and honourable history, even Moses did it.

deuteronomy scroll qumran2

The book of Deuteronomy is quite different in style, language and focus from the earlier books of Torah.  It is much more concerned with the practicalities of living in the land of Israel, and it focuses on opposing the idolatry of the surrounding cultures and peoples,  It has been posited that this is the book that was found in the Temple in the time of King Josiah, and which enabled him to create the major religious reforms in 622 BCE, reminding the people of the covenant they had with the one God, and emphasising the importance of a centralized Temple in Jerusalem, rather than the use of many local hilltop shrines.

 Rabbi Yehudah Shaviv calls this book “the book of second chances”. He writes :”If we seek some unique feature of this Sefer we shall discover that one of its characteristics – if not the crux of its whole message – is the concept of a “second chance”. In other words, even if one has failed and sinned, there is always an opening for repair and improvement, for change and renewal.” Thus, for Shaviv, the book of Deuteronomy is primarily a book about Teshuvah, about repentance and  about return to relationship with God, to do what God really wants us to doing.  The calendar of Readings is always arranged for this portion to be read on the Shabbat before Tisha b’Av, as if in reminder that even though cataclysm faces the Jewish people and their land, there will always be a way back to God.

I like the idea of there being a book of second chances. A mechanism to wipe away all the distracting accretions and false starts of living and get us back to the real purpose of our lives. Judaism has a whole series of such mechanisms – from the Teshuvah process that begins in a few weeks in Ellul and takes us to Yom Kippur, or the cyclical reading of Torah so we come back to the same texts every year and are able to understand them afresh. And one of the most powerful mechanisms is the way that Judaism continues to reinvent itself, so we are no longer like any of the various expressions of religion of the extended biblical period, nor that of Temple times; nor of the Mishnaic or later Talmudic period, nor Pale of Settlement. Judaism has always accepted the past but framed it into an understanding suitable for the present. Be it the Mishneh Torah of Maimonides (for which he was nearly put under a ban) or the Shulchan Aruch of Joseph Caro, Jews have clarified Judaism for their own times. This process begins right in the sidra of Devarim: in verse 5 of chapter one we are told “ho’eel Moshe bay’air et hatorah hazot – Moses began to clarify this Torah.

 The midrash (Tanchuma) says that it is “inconceivable that Moses would have allowed the Torah to remain unclear to the Israelites” and Rashi suggests that the phrase teaches that Moses translated the Torah into the seventy languages of the world in order to allow the Jewish people to always have access to it. Whatever was the intention of the text, what it gives us is a proof text that Torah is to be clarified and understood by the Jewish people in their own times. 

 This weekend (2010) we are celebrating the 200th Anniversary of the service in Seesen, Germany, which marks the beginning of Reform Judaism. It was a service deliberately created to be accessible to the Jewish community of the time, with some of the (shortened) service and the sermon in the vernacular. The Judaism of Israel Jacobson who created the Seesen Temple and this dedication service was greatly influenced by the ideas of the Enlightenment, with reason and rational scientific principles applied to both Jewish texts and their  interpretation  and understanding. The old system of believing ideas unconditionally and reading the commentators uncritically no longer worked in the face of academic freedom in other areas. Judaism could be held up to rational systems of thought and its riches presented in a modern way.

 Reform Judaism is one more punctuation in the journey of Judaism from biblical times until now. Just as in the midrash which tells the story of Moses sitting in the study house of Rabbi Akiva and finding his teaching unfamiliar and even incomprehensible, but he is reassured when Akiva speaks of the roots of his teaching in the chain of tradition that goes all the way back to Moses, so too does our understanding sometimes look distant from the context of the biblical or Talmudic world, yet it is rooted in the principles of Judaism – the principles of covenant relationship with God, our shared task with God to complete and perfect the world, in the relationship we have with the Land of Israel, and the close and binding relationship we have with Torah.

 Since Moses began to clarify Torah for the benefit of the people who would go into the land without him, the tradition of clarifying and making sense of Torah for each generation and its needs has continued. This too is part of our tradition, and we fail to follow it at our peril, creating Judaism  as a fixed and immutable thing to conserve a past that is no longer with us. In 200 years Reform Judaism has moved a long way, and it continues to change with each generation. We follow the model of Moses, never completing the journey but never letting go of what is important.

(First written 2010 on the 200th anniversary of Reform Judaism with the service in Seesen. Picture of the Deuteronomy Scroll found in Qumran)