לא תסגיר עבד אל אדניו ומבקשי המקלט מאריתריאה Eritrean asylum seekers and Torah

This blog is almost exclusively written in English, but in this post I compiled Torah sources that relate to the plight of Eritrean Asylum Seekers. For English content scroll down.

לא-תסגיר עבד אל-אדניו ומבקשי המקלט מאריתריאה

יש לחקור אם נכון לפי התורה ליַשֵיב פליטי\מבקשי המקלט ממדינת אריתריאה בינינו בא"י, מפוזרים ברחבי הארץ, במקומות שיש סיכוים לפרנסה. אע"פ שלכאורה שלאו דוקא יש חיוב הלכתי ברור כלפי הפלטים מאריתריאה, מ"מ י"ל שיש הוראה מוסרי.

בפרשת כי תצא כתוב "לא תסגיר עבד אל-אדניו אשר ינצל אליך מעם אדניו. עמך ישב בקרבך במקום אשר יבחר באחד שעריך בטוב לו לא תוננו" (דברים כג:טז-יז).

לפי האירגון המוקד לפליטים ולמהגרים, המצב באריתריאה היא שחובת הגיוס חלה על גברים ונשים, לכאורה ל-18 חודשים אבל בפועל ללא הגבלת זמן, עד גיל 40-55. השירות הלאומי באריתריאה שונה במהותו מזה שבמדינות אחרות. המלחמה האחרונה בה אריתריאה הייתה מעורבת הסתיימה 2001 ומרבית המשרתים אינם מבצעים תפקיד מלחמתי כלשהו. רובם המכריע של המשרתים עובדים בעבודות כפייה למען המשטר – הם עובדים במכרות, סוללים כבישים, בונים גשרים ובניינים, עובדים במפעלים ובחקלאות. תמורת עבודות אלו המשרתים מקבלים שכר כה זעום שהם זקוקים לתמיכה של המשפחות שלהם כדי לא למות מרעב. ועדת חקירה של האו"ם קבעה כי מדובר במערכת של עבודות כפייה ולא שירות צבאי או לאומי לגיטימי.

בגמרא גיטין דף מה ע"א יש מחלוקת אודות איזה עבד מדובר בכתוב. לפי רבי יאשיה "במוכר עבדו לחוצה לארץ הכתוב מדבר" ולפי רבי אחי בר' יאשיה "בעבד שברח מחו"ל לארץ הכתוב מדבר".דעה שלישית  של רבי: "בלוקח עבד ע"מ לשחררו הכתוב מדבר".

הרמב"ם (הלכות עבדים ח י)  מביא שיטת רבי אחי בר' יאשיה: " עבד שברח מחוצה לארץ לארץ ישראל אין מחזירין אותו לעבדות, ועליו נאמר בתורה " לא תסגיר עבד, אל אדוניו ". ואומרין לרבו שיכתוב לו גט שיחרור, ויכתוב עליו שטר חוב בדמיו, עד שתשיג ידו, וייתן לו.  ואם לא רצה האדון לשחררו מפקיעין בית דין את שיעבודו מעליו, וילך לו".  אבל בהלכה י"א כתב הרמב"ם ש"עבד זה שברח לארץ, הרי הוא גר צדק".

בשו"ע י"ד רס"ז:פה מביא פסק הרמב"ם שהעבד ילך לו  לחירות ואינו מזכיר שהוא גר צדק. אבל בבית יוסף י"ד  סוף רס"ז  משמע שסבר שהעבדים שמדובר בהם הם "אלו שנמולו וטבלו לשם עבדות שכך הם סתם עבדים שבתלמוד".

האים מצוה זו נוהגת בזמן הזה כתוב בספר החינוך מצוה תקס"ח ש"נוהגת אפילו בזמן הזה בזכרים ובנקבות שהכל מוזהרים שלא להשיבו אל אדוניו אחר שהוא בורח אל הארץ הנבחרת". לפי האבן עזרא (דברים כג:טז-יז) "אם יסגירנו אל אדוניו הנה זה חילול השם".

ברש"י מביא ב' פירושים מי הם העבדים שבהכתוב.לפי הד"א  מדובר "אפילו בעבד כנעני של ישראל".  הפירוש הראשון של רש"י, "כתרגומו"; (עבד עממין) אינו ברור אם מדובר בישראל שנשתעבד לנכרי או בעבד שהוא עצמו נכרי.  הרא"ם הבין ש"הוא ישראל הנמכר לכותים". הנחלת יעקב פירש להתרגום היינו דוקא עבד גוי שברח מגוי לישראל לקבל עליו שלא לעבוד לע"ז. לפי הפירוש משכיל לדוד קשה לרש"י אם העבד הוא ישראל "מאי שייך דכתיב בתר הכי עמך ישב בקרבך? הא ודאי ישוב אל אחוזתו?!"

לפי האבן עזרא והחזקוני ברור שהעבד "איננו ישראלי" וכן משמע מלשון הגמרא גיטין דף מה "דתניא  לא ישבו בארצך פן יחטיאו אותך לי וגו' יכול בעובד כוכבים שקיבל עליו שלא לעבוד עבודת כוכבים הכתוב מדבר ת"ל לא תסגיר עבד אל אדוניו אשר ינצל אליך מעם אדוניו מאי תקנתו עמך ישב בקרבך וגו''.

אם נניח שנכון לקבל מבקשי המקלט ממדינת אריתריאה בינינו בא"י יש ליתן להם רשות לעבוד ולפזרם ברחבי הארץ במקום להושיב כולם ביחד בשכונה אחת . לפי הספרי הפירוש של "במקום אשר יבחר" "הוא במקום אשר פרנסתו מצוי' ". אברבנאל מדייק בפירושו של "עמך ישב בקרבך" "להודיע שאין ראוי שיהי' לעבדים עיר בעצמם פן ירבו וירמדו שמה, אבל ישבו בקרב ישראל".

Shame: Personal and Regarding People Seeking Asylum - Ki Teitzei

Shame is sometimes a wonderful thing but, when inappropriate, can be very destructive to human dignity, 1 spirit and motivation. 2 This may explain the tendency to regard shame as something to be avoided. Despite the problems with shame, we are rightly indignant about people who are “shameless”. In an “aha!” moment this week I realised that I may feel angry with someone because I feel some shame that I am not doing the right thing by them. If I am able to embrace shame as a gift and use it as an (imperfect) “values violation detector”, I can respond to it either by making a choice to do better or by clarifying for myself that I am satisfied with the choices I have been making.

There are different types of shame. The Torah discusses a woman who intervenes when her husband is fighting with another man, and uses the word “shameful parts” when it refers to her grabbing his genitals. 3 When Adam and Eve were in the Garden of Eden “they were naked and they were not ashamed”.4 It is only after eating from the tree of knowledge of good and evil that they feel shame, perhaps because they then recognise their vulnerability to inconsiderately selfish and even exploitative sexuality. There is something healthy about Adam and Eve initially not being ashamed of their bodies. Shame is more appropriate in respect of moral failure, with reference to actions, words or attitudes, than in respect of natural imperfection. Shame is often unhelpfully felt, e.g. for being “fat”, or disorganised. Inappropriate or excessive feelings of shame have made some people reluctant to embrace shame where it is useful and needed.  

I wonder if shame avoidance is part of the explanation for the way people seeking asylum are being treated. Perhaps there is an underlying sense of shame, which is covered up by denigrating those whom we know deep down deserve our compassion. 5

It is tempting when refusing to assist vulnerable people to portray them as undeserving. The Torah states: “Beware, lest… your eyes will look in an evil way on your needy brother and not give him”. 6 This is interpreted to mean that, in our reluctance to help a needy person, we must not ascribe evil characteristics to the person seeking our help to justify our refusal. An example of this is the inhabitants of the wealthy city of Sodom; they were concerned about diluting their wealth if they accepted outsiders, so instead they denigrated the visitors as evil, 7 not unlike governments in Australia and Israel that use words like “Illegals” or “infiltrators” in relation to people lawfully seeking asylum. 8

In a discussion in a Sydney synagogue last week, one man asserted that not one of the Africans seeking asylum in Israel was a genuine refugee. He also expressed anger about criminal acts that have been perpetrated by African asylum seekers in South Tel Aviv. He can’t possibly know what the circumstances of the asylum seekers were in their home countries and surely he must know that blaming all members of a group for the acts of some is wrong. Could it be that his assertion that the asylum seekers are not genuine is covering up his discomfort with holding a prejudiced position?

The Torah calls for justice for the stranger 9 and particularly for a compassionate response to and protection of people fleeing oppression. “You shall not deliver a slave to his master if he seeks refuge with you from his master. He shall reside among you, wherever he chooses within any of your cities, where it is good for him. You shall not oppress him”. 10 Many of the refugees who have reached Israel are from Eritrea, where they were slaves in all but name before their escape. According to Israeli NGO, The Hotline for Refugees and Migrants, “citizens of Eritrea flee a country with no civilian judiciary… and whose citizens are obligated to perform endless ‘national service’. This service is unlike the service performed in other armies and includes performing various forms of hard labour for the benefit of the regime, including: mining, paving roads and agricultural work. Eritreans who defect from national service are considered traitors and if they are caught, they are tortured and sometimes executed or tortured to death”. 11

In Australia and Israel, there are restrictions preventing asylum seekers from enjoying the benefits and dignity of work. Their conditions do not justify the choice to commit criminal acts; however we should not sit in judgement of those whose circumstances 12 are conducive to increasing crime. Instead, we should work at changing the situation. The verse mentioned above commands that former slaves should be housed “among you”. This is interpreted as cautioning against creating a separate city for the former slaves as this might lead to social unrest or “rebellion”. Instead, the former slaves should be integrated among the people. 13

It is a shame that people who have suffered so much are having doors slammed in their faces by governments. We should not accept this. We are not shameless.

Notes
1.    Dignity is regarded as so important that, in our Torah reading, there is a requirement to ensure that, if someone is hanged for a capital offence, the corpse does not remain hanging overnight. Deuteronomy 21:22-23. Dignity in punishment is also emphasised in relating to flogging, where the Torah warns that excess lashes might lead to your brother becoming cheapened in your eyes. Deuteronomy 25:1-3
Dignity is also hinted at when the Torah states: “You shall not see your brother's ox or sheep straying, and you would ignore them. [Rather,] you shall return them to your brother”. The words:  וְהִתְעַלַּמְתָּ מֵהֶם “you would ignore them” are creatively interpreted in the Talmud as referring to an elder who is unaccustomed to carrying large parcels in public so it would not be dignified for him to do so. In this case the words “you shall ignore them” are taken to mean the exact opposite of the plain in the meaning in the text: he should in fact ignore the lost object, rather than compromise his dignity. Talmud Bava Metzia 30. It comes up again in the command that Israelite soldiers have a designated place outside their camp to relieve themselves and that they carry a spike to dig a hole to cover up their excrement. Deuteronomy 23:13-14 , see Targum Unkelus to 13.
In the case of a debtor, the lender is forbidden from entering the home of the borrower to take a security, but must stand outside. If the borrower is poor and gives his night garments as security, the lender must return the night clothes every evening at sunset so that the poor person can sleep in his garments in dignity. This would be an act of kindness that the Torah predicts would lead the poor borrower to bless the lender. Deuteronomy 24:10-13. 
2.    Tanya Chapter 1 alludes to the problem of being depressed if one sees oneself as wicked
3.    Deuteronomy 25:11
4.    Genesis 2:25
5.    This principle is articulated strongly in our reading this week relating to an escaped slave, discussed in the next paragraph. It is also reflected in the criticism of Amon and Moab whose male members are never to be allowed to join the Jewish people, even to the tenth generation, because they did not welcome the Israelites with bread and water on the road when we left Egypt. Instead they related to us as a threat.  Deuteronomy 23:4-5, compassion for the stranger is also the subject of several commandments relating to sharing one’s crops such as not gleaning and leaving a forgotten sheaf of wheat etc. Deuteronomy 24:19-22
6.    Deuteronomy 15:9
7.    R. Shmelkeh of Nikolsburg. A variation of this in Yalkut Hagershuni creatively reinterprets the last words of the following verse in Genesis 18:20 about the city of Sodom: “Since the cry of Sodom and Gomorrah has become great, and since their sin has become very grave,”. Literally, the verse is understood as the words of G-d about the inhabitants of Sodom. But it could also be interpreted as the words the Sodomites themselves used about poor visitors to their city, to justify their inhospitable practices - “their sin” – like the sin of the “illegals” , the “economic migrants”, “queue jumpers” or “infiltrators” is very great and this alleged sin is seen as justifying their cruel treatment. Both cited in Nachshoni, Y., (1989) Studies in the Weekly Parshah, Mesorah Publications, Brooklyn New York,  p.1280. This citation is from my previous article relating to these themes: http://torahforsociallyawarehasid.blogspot.com.au/2012/08/curbing-compassion-for-asylum-seekers.html August 2012
8.    My friend, KL, insists that the term “asylum seekers” is unhelpful and that we should speak instead of “people seeking asylum”.
9.    Deuteronomy 24:17
10.    Deuteronomy 23:16-17
11.    http://hotline.org.il/en/about-us/
12.    Tanya, Chapter 30
13.    Abarbanel and Ralbag on these verses

Letting the guard down? On fears and policing

Part of my mind acts as a policeman watching me. Did I do this right? Am I good enough? This self-vigilance and fear is draining.  This week, while I was walking on a nature trail in Ryde, I noticed a sign for walkers that reminded them to “control your dog”. I creatively interpreted it as the need for people to control the ”barking” in the form of repetitive and harsh self-criticism.

I deliberately suggest we “control” the critical voice in our minds, rather than eliminate it, because I think it plays a role in protecting us from wrongdoing. I have been confronted this week with some of the darker sides of humans. I was disturbed to hear about cruelty to men, women and their children who have escaped horrific oppression, because they dared to seek a better life and perhaps because of cultural differences that are seen as a threat (1). In this case, fear of people who are seen as different, is the motivator for cruelty. However, here the critical voice expressing fear of wrongdoing could have motivated these people to do the right thing. Every weekday morning during the current Hebrew month of Elul, Jews sound a ram’s horn called a Shofar, to instil “a sense of trepidation and fear” (2), even “trembling” (3), in order to lead us to repentance and introspection.

Some religious people fear the physical world - its sensual pleasures and material offerings. In a crowded Sydney Mosque, I heard a very young Imam warn against the evils of the “dunya”, the physical world, with great intensity. This week’s Torah reading tells us to appoint police officers at “all our gates” (4). In a metaphoric sense, this is interpreted to mean that we must appoint an internal ”policeman” to monitor our contact with the world that comes through our five senses (5). Societies look eagerly to police to protect them from the vices of their fellow citizens. In the US, this approach has not worked out well, in recent months, for some African Americans. 

Instead of allowing fear to justify excessive policing, we must embrace a healthier kind of fear - not of the common man but of the corruption of those in positions of power. The Torah warns of the bias that can arise from judges accepting bribes (6), which can ultimately cause even an initially righteous judge to lose his mind (7). The Torah insists that a king must be vigilant to ensure that “his heart does not become elevated above his brothers and that he does not stray from God’s commandments” (8). 

One scholar expresses deep distrust of those in power. He suggests that it would be better for those with power to be appointed for fixed terms of three years or less so that their successors could hold them to account and “investigate them to see whether they breached their trusted role”, in the way that Australian Governments often do with their predecessors.  He also insists that, when there is a dispute between one (a ruler) and many (the citizens), we should follow the view of the many. He argues that the risk of “an individual doing wrong out of foolishness, desire or anger, is greater than that happening with the many” (9). Similar sentiments were expressed last week by an eleven-year-old student from a migrant family in Western Sydney. She thought ”the Australian way was right”, because of our system of government that requires, at least in its design, that the will of the people be implemented rather than that of one despotic ruler.

In terms of the sensual temptations themselves, the Torah does not see them as simply bad. On the contrary, we are cautioned against rejecting the pleasures of this world. A person who vows not to drink wine temporarily (10), is seen as having sinned in a sense. Sheikh Soner Coruhlu has a different view of the material/physical world from the one expressed by the young Imam above. He wrote that “The ’Dunya', from my understanding of our tradition, is an opportunity…to draw nearer unto to the Creator by proving one's self worthy of drawing near. The manner in which one draws near to their Lord is … moral excellence while believing in the Most High. The “Dunya” therefore is an opportunity when one is morally and ethically inclined but a threat if one is miserly, oppressive, immoral, unethical etc.” (11).

Fear of our own human vulnerability to do wrong is a necessity and a blessing when it is used wisely and proportionately. Fear of people who appear different from us, is simply bigotry. Being wary of those in positions of power or even of our own internal policeman getting out of control, is vital. 

1)    http://hotline.org.il/en/main/
2)    Sadia Gaon, cited in http://www.chabad.org/holidays/JewishNewYear/template_cdo/aid/4392/jewish/Sounding-of-the-Shofar.htm
3)    Amos 3:6 “If the shofar is sounded in the city, will people not tremble?”
4)    Deuteronomy 16:18
5)    Attributed to Rav Chaim Vital on http://www.shortvort.com/shoftim-parasha/11901-parashas-shoftim-guard-your-senses
6)    Deuteronomy 16:19
7)    Talmud Ketubot, 105a, referring to the taking of bribes
8)    Deuteronomy 17:20
9)    Abarbanel on Shoftim. On the other hand, the commentator Klei Yakar, seems more concerned about the independence of judges. He emphasises the need to protect judges from the potentially corrupting influences of those who install the judges, if they were to retain an influence after they complete the task of installing someone as a judge. The change in form from the beginning to the end of the verse in the Torah that calls for the appointment of judges, is instructive. “Judges and police officers shall you put in all your gates...and they shall judge the people a just justice”. We start with an imperative instruction to the people to תתן appoint judges. This refers to people who are in a position of influence who can help select and appoint the judges. Then the language shifts to talk about what will happen: “they will judge justly”, as if by themselves, with the ‘appointers’ out of the picture. This hints at the need for complete independence of the judiciary from those who appoint them because, if they remain dependent on those people, there will never be justice. There is no naïve assumption of religious leaders retaining purity just by virtue of their office and past righteousness. The political influences on secular judges in Australia and Israel, as it relates to asylum seeker judgements, can also be considered in this light.
10)    A Nazirite who vows not to drink wine among other vows, must bring a sacrifice to atone for rejecting some of God’s gifts, even temporarily
11)    Facebook post, 18.08.2015, https://www.facebook.com/zalman.kastel/posts/10153457332070470?comment_id=10153457499415470&notif_t=like his post continues with the following. “The human being is distinct from the rest of Creation in that it has the capacity to morally judge the outcome of any action or statement it may partake in. Where most of creation will simply follow the whims of their desires, the human being will first analyse what the consequence of following one's desires may be. Will this act harm another person, another animal, the environment, me and so forth. Those who do not use this God given capacity to make such judgements and simply follow their base desires, even when it harms others, behaves in a way that is not unlike the animals”.

Extremism: Sacred and Secular Approaches to Prevention

This post argues for both religious and secular approaches to preventing extremism. I am writing this against the backdrop of two incidents of Jewish violent extremism. In recent days a Palestinian home was firebombed: an 18-month-old Palestinian baby Ali Dawabsheh and his father were killed. Shira Banki, a 16 year old girl, who attended a gay pride parade in Jerusalem in support of social justice was stabbed and murdered by a man clearly identifiable as a devout religious Jew.

One response to this is that we need face up to “the contradiction of trying to live in the progressive modern world with a set of rules created by religious-political leaders thousands of years ago… we see rabbis trying to make the Torah fit a modern world. It just doesn't. It can't (1)” In this week’s Torah reading we have references to the Jewish people being the “chosen ones…out of all the nations that are upon the earth (2)”, disobedience of God’s law is equated with “the curse (3)”, and a command to “utterly destroy all the places where the nations, that you shall possess, worshipped their gods (4)”. 

Yesterday I spoke about Torah and tolerance to a group of teachers at my children’s school. I noted that the same religious books that the extremists use to justify their deplorable views and evil actions are read by many other people who reach completely different conclusions. 

Why do so many people reject the hateful conclusions that these texts in Judaism or in other faiths ostensibly call for? As I listened to prominent counter terrorism scholar, Boaz Ganor, at the 2015 Shalom College Graf Oration recently, it occurred to me that this question might not be a focus for leaders who ponder extremism.  In an Op-Ed in the Australian Jewish News (5) I quoted Professor Ganor assertion that counter-terrorism is essentially about ensuring that people who might commit a terrorist act, have neither the capability nor the motivation to do so. Yet, in an hour's presentation, Ganor, offered little more than one sentence on how to prevent the motivation for extremist violence.

I argued in my Op-Ed, that the absence of a clear direction to prevent this motivation for extremism, in Ganor’s talk confirms what I have learned working in this field. Ghaith Krayem, the current president of the Islamic Council of Victoria, was in the process of preparing a strategic plan for countering violent extremism when he confided in me that his discussions with academics had turned up little empirical data to guide communities in this task.

My conversations with Muslim religious leaders and youth, and my grappling with my own faith, suggest to me that there are religious solutions to the multi-faceted problem of extremism (which is not to suggest that extremism is simply a religious problem, it is not).

One approach is to examine texts that some claim legitimises violent extremism and consider the (multiple (6) ways that these have been understood traditionally. What are traditional approaches to interpretation of text and law? Ignorance of methodology of interpretation makes a person, with other social factors at play, vulnerable to being easily led (7).

A second approach is not just to look at one verse whose interpretation is being argued about but to consider it in the context of other relevant texts.  Discrimination in Judaism cannot be considered without the emphatic and repetitive calls not to mistreat the stranger (8).  

A third is to look at the motivations to do the right thing. One surprising motivation I heard from Muslim teenage boys was their fear of their mothers. Muslim leader Maha Abdo, told me that “there are only two factors these boys fear, God and their mothers (9)”. Judaism also demands fear of one’s mother, but western influences or ego seems to have dulled this for many young Jews, but it is apparently less so for the young Muslim I spoke to. Is the influence of mothers being considered by policy makers? My conversation with the NSW attorney general in Bondi last night confirmed that she was a surprised as I was about this phenomenon. 

In a Jewish context, I argued to the teachers at my children’s school I spoke to, for a role for secular knowledge and mores. I told them that this does not contradict the Torah. In fact the opposite is true. One verse in our reading calls the Jew to do “what is good and proper in the eyes of the Lord, your God (10)”. “Good” is interpreted as that which is objectively (11) good in the eyes of God, while “Proper” is defined subjectively, by the “eyes of man (12)”. This surprising traditional interpretation suggests that what is good in the “eyes of God”, (the words at the end of our verse), must include accountability to human (13) notions of ethics. If humans deem bigotry against Palestinians or gays as repugnant then God doesn’t approve of it either. 

A synthesis of religious and secular wisdom might be the best protection against hate and extremism.

1)    Facebook post by David Langsam, on 5/8/2015 https://www.facebook.com/zalman.kastel/posts/10153416053210470?comment_id=10153449411440470&notif_t=feed_comment
2)    Deuteronomy 14:2
3)    Deuteronomy 11:28
4)    Deuteronomy 12:2
5)    Australian Jewish News 07.08.2015
6)    I use the word multiple to refer to the diversity of interpretations within Jewish tradition which states that there are 70 faces in the Torah, I cannot speak for other faiths
7)    Conversation with Sheikh Ahmed Abdo at Sydney University 5.08.2015
8)    Exodus 22:20, and Exodus 23:9, this translation is from chabad.org. There are traditional sources that interpret the Hebrew word Ger,  גרwhich literally means stranger, as convert and focus their commentary on the particular situation of a convert, the commentary cited above relates as much to a newcomer to a religious community as it would to any marginalised person.  One beautiful thing I learned from my son’s teacher Rabbi Benji Simons after my talk, is the etymological roots of the word Ger גר , is גור, “Gur” which means fear. This is an allusion to the fear the stranger might experience without their previous networks that now make them more vulnerable in their new country. Alternatively the fear is xenophobia on the part of the locals.
9)    Conversation with Mrs. Maha Abdo at Bass Hill, 12.08.2015
10)    Deuteronomy 12:28
11)    Gur Arye, super-commentary on Rashi on Deuteronomy 12:28, explaining why Good is related to God’s perspective while straight or proper is linked to human perspectives
12)    Sifre, quoted in Rashi on Deuteronomy 12:28
13)    Yeriot Shlomo, super-commentary on Rashi on Deuteronomy 12:28, citing Pesikta for this parsha (Reay), Sifri and Yalkut