Shades of Contrition Regarding Betrayal of Young People Miketz

“But we are guilty regarding our brother, that we saw his distress when he pleaded with us but we didn't listen…” (1). These words were read in Australian synagogues last Saturday, just one day after the release of a report - from the Royal Commission into Institutional Responses to Child Sexual Abuse - about the betrayal of children (2). These words of contrition were spoken by the brothers of a defenceless young person who had been cruelly betrayed by them. The brothers of the Biblical Joseph had stripped him of his striped tunic, violently thrown him into a pit with snakes and scorpions (3), and then sold him into slavery (4). Both - the Biblical brothers of Joseph and religious leaders in our time - have offered apologies. However, contrition can be tricky to get right. In this post I explore the remorse of Joseph’s brothers and the implications for today.

As I read the Torah reading last week, I was struck by an apparent reversal of the brothers’ admission of guilt. Only seven verses after they accepted responsibility and linked their troubles with their crime, they seem to abdicate responsibility (5). The brothers found money in the bags of grain that they had bought from Egypt and assumed the money was planted there as part of a plot to accuse them of theft. They cry out “what has God done to us?!” This phrase is interpreted as them asking why God is punishing them “for no fault of their own” (6).  

   

The stark contrast between the contrition the brothers expressed and their complaint is discussed by various commentators (7). Some of these offer some technical, “very labored” (8) answers, giving reasons why the brothers felt they did not deserve any further punishment  after their ordeal in Egypt (9). Alternatively, the brothers thought that the main blame lay with the two key perpetrators, rather than those who had supported their deeds (10). For me, there are also simpler, more obvious implications of their cry, which relate to the difficulty of sincere and sustained contrition.  

A clear critique of the brothers’ complaint, quoted in the Talmud (11), was articulated by a young boy. He was an orphan and a nephew of the leading sage of that period, Rabbi Yochanan.“[The boy’s uncle] Rabbi Yocḥanan found the young son of [his brother in law] Reish Lakish, when he was sitting and reciting the verse: “The foolishness of Man perverts his way, and his heart frets against the Lord” (12).  The child told his uncle that the complaint of Joseph’s brothers when they asked “...What is this that God has done to us?” exemplifies the proverb that when one sins and encounters troubles, they often foolishly question why it is happening to them - despite their obvious guilt (13).  

It's hard for religious leaders to acknowledge the failures of our heroes. One of the men I most admired since I came to Australia, a leading Rabbi, was implicated in the royal Commission process as having failed to protect children. Similarly, in the Talmudic story, the senior religious leader appeared displeased with his young nephew’s critique of the iconic sons of Jacob. In contrast to the sages who praised the brother's contrition (14), this child drew attention to the weakness of their repentance. The senior sage Rabbi Yochanan “raised his eyes and stared at the boy. At this point, the boy’s mother came and took him away” to protect him from his uncle's “gaze”.

Some earlier attempts at apology (by representatives of the institutions where sexual abuse occurred) were described by Mr Manny Waks - a survivor of sexual abuse and campaigner on this issue - as “so qualified in its terms that he found it to be insulting” (15). Rabbi Moshe Gutnick was also less than impressed, making the comment that it was an “apology perfectly timed only a few days before the Royal Commission in order to maximise the PR effect”. He added, “and how did that make victims feel? They knew it was empty, they knew it wasn’t real…” (16).  

Last week the representative body of Orthodox Jewish clergy in Australia and New Zealand (RCANZ) issued an emphatic expression of contrition for the way we - collectively - responded to the betrayal of children and youth in terms of sexual abuse. It stated that “ The findings [of the royal commission] ... in relation to the failures of the rabbinic leadership of Yeshiva Sydney and Melbourne, must shake us to the core… We can make no excuses and any apology we may make at this time must not be mere platitude.  ...We must truly absorb the horror, that the Royal Commission has found, that instead of being protectors of the weak and innocent, Rabbis were directly responsible for the sexual abuse that occurred to children. There can be no greater shame, and no greater admonition to all of us, than that failure…. We of the RCANZ have resolved to do everything we can so that the light we generate dispels once and for all, the darkness that is the abuse of children and the abuse of survivors” (17).   I pray that this time the contrition is deep and enduring, and results in ensuring no child is ever betrayed by Jewish Australian religious institutions again.

We dare not backpedal on our confession, that indeed ‘we are guilty regarding our brothers [and sisters], that we saw their distress when they pleaded with us but we didn't listen…’

Notes:

1. Genesis 42:21
2. Royal Commission into Institutional Responses to Child Sexual Abuse https://www.childabuseroyalcommission.gov.au/final-report
3. Talmud Shabbat 22a, cited in Rashi on Genesis 37:24
4. Genesis 37:23-28
5. Genesis 42:28
6. Targum Yonasan Ben Uziel on Genesis 42:28,
    “וּנְפַק מַנְדַע לִבְּהוֹן וְתַוְהוּ גְבַר לְאָחוּהִי לְמֵימַר מַה דָא עָבַד יְיָ וְלָא בְּחוֹבָא דִילָנָא:”
7. Maharsha, on Talmud Taanis 9a, Maharshal in Yeriot Shlomo and Tzeda Lderech on 42:28
8. Torah Temima on 42:28 writes about the Maharsha טרח מאד
9. Maharshah on Taanit 9a, Seforno and Tzeda Lderech on 42:28
10. Maharshal/Yeriot Shlomo on 42:28
11. Talmud Taanit 9a
12. Proverbs 19:3
13. Maharshah on Taanit 9a,
14. Midrash Hagadol on 42:21 cited in Torah Shlaima, p. 1583, 77, Rabbenu Bchaya p. 341, Mosad Rav Kook Edition.
15. https://www.childabuseroyalcommission.gov.au/sites/default/files/final_report_-_volume_16_religious_institutions_book_3_0.pdf, p 195 (in the printed version, p. 205 in the online pdf version).
16. https://www.childabuseroyalcommission.gov.au/sites/default/files/final_report_-_volume_16_religious_institutions_book_3_0.pdf, p 195
17. Statement of the Rabbinical Council of Australia and New Zealand

http://www.jwire.com.au/royal-commission-report-shaking-us-to-the-core/

Masculinity and Faith. Sara Denounced to Abraham for laughing in Vayera

Toxic masculinity is on our radar, manifesting in sexual harassment, rape, aggression and chauvinism. I wonder about the nature of non-toxic masculinity. What is it exactly? Is it realistic to have faith that men will express their masculinity in healthy ways? I don’t know how to answer my first question. The answer to my second question is to suggest that the question itself is flawed, because realism is not very useful in deciding whether to have faith in men. Faith in men requires a positive choice to believe we can get it right, despite some of the evidence.

The Torah’s teachings about the role of men often seem at odds with modern perspectives about gender roles. Perhaps the most controversial concept is the idea of a man as the “head of the household”. God declared to Eve representing all women, that “he will rule you” (1). Perhaps that was a prediction of how men would wrongly fully dominate women rather than a prescription of how things ought to be. Yet, there is some evidence that God seemed to think that men are rightfully in charge of women. When the barren Sarah laughed about a divine promise that she would bear a child at an advanced age, God complained to Abraham about his wife’s laughter (2). Is this not an expression of Abraham’s “headship” of his household?!

The passage in which God appears to speak to a husband about his wife’s alleged misbehaviour has been on my mind this whole week. It linked in my mind to the image, circulated on social media, of actor Adam Sandler putting his hand on the leg of Clare Foy, an actress sitting next to him during an interview. In the widely circulated image, Foy looks uncomfortable. (I must mention that I had not seen the rest of the tape until later, nor was I aware that Foy released a statement that: “We don’t believe anything was intended by Adam’s gesture and it has caused no offence to Claire.” Regardless of the facts in the Sandler-Foy case too many men behave in entitled ways toward women. Does this verse not imply that God regarded Abraham as Sara’s boss and therefore complained about his wife to him?!

Perhaps not. Both Abraham and Sarah both responded with laughter to God’s promise that Sarah, aged 90, and Abraham aged 100, would have a child together (4). Both of them were deserving of reprimand (5) because they doubted God’s promise based on the available evidence, of their advanced age and the impossibility that a birth could occur. God chose not to reprimand Abraham at that time because to do would detract from the celebration of a significant history altering act that Abraham was engaged in at that time. Circumcising himself which symbolised that men can constrain their sexual drive and commit to doing so as part of an overall covenant with God (6). There is a precedent that proves the principle that God would not distract from celebration of a great moment with punishment when a sin occurred around the time the Ten Commandments were given, but there was no punishment or reprimand (7).

Abraham had ample justification to be sceptical about a miraculous birth, and a covenant to transcend human frailties. This is expressed in him falling on his face (8). God hints at a reprimand by telling him “but indeed Sarah will give birth!” Have faith! (9)

Sara is keen on evidence based approach. According to one interpretation her laughter was not about God’s impossible promise, but in surprise to her body changing suddenly into a younger version of herself, losing her wrinkles and suddenly having her period. This is what upset God. This looking for evidence and only when it is presented belief follows (10). If we want our society to work, we need to believe despite some evidence to the contrary that we can make it work.

When God reprimanded Sarah, through Abraham, it was intended for both of them. For Abraham indirectly and for Sarah directly (11). In this interpretation the question about Sarah’s laughter is not about male position, but about a delicately delivered lesson about faith at a particularly tricky time. This removes one more Biblical excuse for male chauvinism. Based on available evidence, many men will continue to relate to women appallingly. However I choose to put aside that evidence and keep my faith that men can and will learn to relate to women as equals, with care and respect.

1. Genesis 3:16
2. Genesis 18:9-14
3. http://www.huffingtonpost.com.au/2017/10/30/claire-foy-responds-to-adam-sandler-s-constant-knee-touching_a_23260633/
4. Genesis 17:15-17
5. Midrash Hagadol, cited in Osnayim Latorah, p. 121, (thanks to Chayim Lando for drawing this to my attention) and Akedat Yitzchak 18:1
6. Akedat Yitzchak 18:1
7. Exodus 24, as explained in Vayikra Rabbah 20, cited in Akedat Yitzchak 18:1
8. Genesis 17:17 as interpreted in Akedat Yitzchak 18:1
9. Genesis 17:18-19 as interpreted in Akedat Yitzchak 18:1
10. Ohr Hachayim on Genesis 18:12-13, drawing on Midrash, Talmud, Bava Metzia, cited in Torah Shlaima p.761, 154.

Seeing and not seeing - Reflections on my trip to family in New York - Noach

I'm sitting on a flight back home from New York with my young son. Last night both of us danced the night away at the wedding of my niece. I am still savouring the joy of being with family, and observing the delight of my young child. Yet, my tradition, turns our attention to sadness amid joy. A glass is broken during the Jewish marriage ceremony to remind us of loss 1).  Oddly, this sombre gesture is not honoured by a reflective silence, on the contrary, immediately after the crashing noise everyone erupts into joyous exclamations of Mazal Tov! Shifting our awareness away from and almost subverting the touch of sadness. This blog is a reflection on choices relating to seeing and “embracing all that is” 2).

My time in New York has been both happy and sad. I've spent time with my parents and siblings and my oldest three sons who are studying away from home. I feel unsatisfied with the short time we had. Our ten days together were cluttered with tasks and competing priorities. In the story of Noah’s ark, a family is in close proximity but they are so busy feeding the animals, including the nocturnal animals that the husbands and wives don't manage to organise to leave the ark together 3). Yet, it is in the mundane physical domain that love is often expressed, in a meal baked or bought, dishes cooked or cleared.

I was confronted by the importance of the physical dimension of love at a memorial service I attended in New York for Mendel Brickman, a friend and a father who died one year ago in his mid-forties. His spirit was felt strongly in the room in the words of his children and widow, and in a talk by a hospital roommate who was touched by his energetic kindness, and care. His spirit fought courageously against his loss of breath and health. He was always focused on the positive. In a sense, Mendel beat mortality by sheer force of will and his living on in the lives of his family. Still, they miss his physical presence, and so do I and so many others.

In acknowledging our physical humanity, we are confronted by the human imperfections we all have. In the first instance it's about averting our eyes from the embarrassing aspects of the other person. Two of Noah's sons covered their father's nakedness when he was drunk as they chose not to see his disgrace 4). A selective view of others is often appropriate.

However, sometimes we must choose to see and acknowledge disgrace and act. While in the US I learned of the revelations about the abuses of power by a movie mogul that were allowed to go on for too long. Powerful men feeling entitled to women's bodies is referenced in the Bible as a reason for Noah’s flood. “The sons of the Gods saw the daughters of men, that they were good [looking], so they took any women they chose” 5) even without consent 6). The Torah could not be more emphatic in its condemnation of this behaviour.

In summation. There is merit in an approach that generally emphasises the positive and overlooks some faults and sad parts of life. On the other hand, there are challenges relating to human frailties that need to be noticed and talked about in workplaces, communities or families. Ideally, talk would resolve matters in accordance with the teaching that ‘to be reconciled over a glass of wine is to have an aspect of the mind of God’ 7). In other cases people can show support in a range of ways from taking action to simply being there for each other with care.

Back in my seat on this plane I can see daybreak over the Pacific and I can see my content little son sitting beside me. I feel grateful.

Notes

1. The breaking of the glass is symbolic, particularly of the destroyed temple in Jerusalem, but it represents broader loss.
2. Bennett, P. In the Cranky Guru
3. Talmud Sanhedrin 108b Comment on Genesis 8:19 and as explained by Torah Temimah on this verse.
4. Genesis 9:23, see Rashi commentary
5. Genesis 6:2
6. Ramban, Ibn Ezra on Genesis 6:2
7. Talmud Eruvin 65b

“Goyim” A Sukkot Reflection: Attitudes to People Who Are Not Jewish (Vzot Habracha)

“Goyim”

A Sukkot Reflection:

Proper Jewish Attitudes to People Who Are Not Jewish

Tuesday, Chol Hamoed Succot. A white bearded Rabbi walking with his student, told me that I was saved. He saw me stop on Kingston Avenue, Brooklyn, to consider giving a bill to a woman begging. He was relieved to hear that I had not given her money because he told me that she is a Gypsy, she is not Jewish. I was feeling bad that the Australian currency in my wallet was of no use to her so I told her I was sorry. Now, I was being told it was good I didn’t give her anything. I didn’t argue with the Rabbi that our law requires us to sustain the poor of the nations along those of Jews (1). Sadly, I did not think the argument would go anywhere. I grew up here and I know that the old Rabbi was reflecting an insular culture that is considered normal here.  

Sunday, Chol Hamoed Succot. I am sitting on an aeroplane during the Jewish Festival of Sukkot, with my seven year old son. For all I know, he and I might be the only Jewish people on this fight. It doesn't matter at all. Except for the fact that most of the passengers got a hot meal, while we got an apology for our absent Kosher meal. Nothing unusual about this, except that this is very different to how I would have experienced such a flight when I was a seven year old. I would have been acutely aware that I was surrounded by “Goyim”, a noun used in certain insular Jewish communities (such as my own) to refer to people who are not Jewish.

Jewish holy days are generally focused on Jewish stories and history. In the case of Passover, which commemorates the Jewish exodus from Egypt, the Torah explicitly forbids “any foreigner” from partaking of the Paschal lamb (2). An exception to this is the Sukkot festival that Jews are celebrating this week. The tradition for this festival not only permits involvement by non Jewish people, it adamantly insists on it (3). In addition,  concern for their welfare was a focus of the festival sacrifice schedule.

“The total number of oxen offered as sacrifices during the festival was 70. These seventy oxen correspond to the original seventy nations of the world [representing all of humanity]...Israel brought these sacrifices... in prayer for their well-being” (4).

In the Torah reading relevant to the week of Sukkot we read a poetic phrase: “Also, You cherish nations; all his holy ones are in Your hand” (5). One authoritative commentator, Rabbi Ovadia Seforno, (1475-1550) explains the verse to mean that “even though you [God], cherish all nations and with [this love] you have made known that the entire human species is a treasure for You. For our sages have stated “humans are beloved as they have been created in the image [of God]”, (6) however in addition to the love God has for all people, Moses asserts a special relationship between God and the Jews who follow the Torah (7).

On the other hand, it is significant that nine other prominent commentators choose to stretch the meaning of the “nations”, who are beloved, as referring to the twelve Jewish tribes (8), or to converts to Judaism from other nations (9), rather than simply referring to the non-Jewish nations. One explanation of the reluctance to acknowledge the love G-d feels toward all people in these interpretations, is based on the context of this verse, which is focused on the Jews receiving the Torah from God at Mount Sinai. In addition the first word of the verse, “also”, indicates that this verse is a continuation of the topic in the previous verse (10).

The contrast between the one commentator, known as Seforno, who reads our verse as affirming the love God has for all of humanity, and the views of the other nine commentators, raises two questions. A. How did Seforno come to dissent from the other scholars? And B. Why would we take any notice of the lone voice rather than follow the majority?

In reflection on this question, I think of the transformational impact positive contact has had on my own way of relating to people who are not Jewish, changing it from one of distance to to one of deep friendship and appreciation. I suggest that perhaps the Seforno also had a unique perspective on his non-Jewish neighbours, based on his regular positive experiences of dialogue with them. We know that he had meaningful discussions with learned non-Jewish people. This involved him teaching Judaism or Jewish knowledge to certain non Jewish scholars, as a means of earning his livelihood. There is a record of Johann Reuchlin paying Rabbi Seforno the sum of one Ducat per lesson. (11).

Seforno was not unique in interacting with people outside his faith, but it can be argued that the quality of the contact experienced by many of his colleagues were often either adversarial or transactional rather personal. Two examples are that of Ramban/Nachmanides, who was forced to participate in a staged debate, and later exiled. Another example is the case of Abarbanel, who developed a very dim view of the monarchy (12), while serving in the royal courts of 15th century Spain, in what can only be assumed to be treacherous and uninspiring circumstances.

This brings us to the question about who is right in interpreting the verse above, the one scholar or the nine? One could argue that the Seforno cited a proof text so that makes him right. However, the truth is that this is the wrong question when studying these kinds of texts. In contrast to texts dealing with the law- Halacha, where one opinion is generally deemed valid, this discussion comes under the category of Aggadah, inspirational stories and teachings in which everyone is right, all have meaning. In fact, the Torah is said to have seventy faces (13).

This dual nature of the Torah is hinted at in the words Esh-Dat (14) which can be translated as fiery law. This phrase is cryptically linked to a teaching that the Torah was black fire written on white fire before it was given to the Jews (15). These two colors of fire symbolize the two defining characteristics of the Torah: Kindness and Truth.The color white represents light and pleasantness which is an essential element of the Torah. Black represents clarity and truth (16). Together, black and white, kindness and truth constitute the Torah.

This post is not an argument against the importance of truth, nor do I seek to deny that there are distinctions between adherents of a faith and those who think and live differently to them. My son and I had cucumbers and potato chips for lunch on our flight, and I had instant rice noodles (not as bad as it sounds, by the way). This is an argument to live the kindness of the Torah in our thoughts, speech and action toward God's beloved children who happen not to be Jewish.

Notes:

1. Talmud, Gittin 61a, Rambam Laws of gifts to the poor, 7:7
2. Exodus 12:43
3. Zechariah 14.
4. Bamidbar Rabba 1, explained by Rabbi Yirmiyahu Ulman, https://ohr.edu/2349 accessed 10.02.2017.
5. Deutronomy 33:3.
6. Pirkey Avot, 3:14?.
7. Seforno on Deutronomy 33:3 the text of his interpretation is:

אף חובב עמים. ואע''פ שאתה חובב עמים ובזה הודעת שכל המין האנושי סגולה אצלך. כאמרם ז''ל (אבות) חביב אדם שנברא בצלם. מ''מ כל קדושיו בידך. הנה אמרת שכל קדושיו של קודש של אש דת הם בידך כצרור הכסף:

8. Unkelus, Rashi’s first interpretation, Ibn Ezra, Ramban, Abarbanel, R. Bchaya (second explanation) on Deutronomy 33:3.
9. Baal Haturim and Rashbam, on Deutronomy 33:3, a similar approach is taken by Bchor Shor that the divine cherishing that relates to the rest of the nations is to be applied only to those of them that are converts.    
10. Sifsei Chachomim supra-commentary on Rashi Deutronomy 33:3.
11. See introduction to Seforno, Mosad Harav Kook edition.
12. Abarbanel commentary to the Torah, exact citation needed.
13. Bamidbar Rabbah 13:15
14. Deutronomy 33:2
15. Cited in Rashi on Deutronomy 33:2
16. Gur Aryeh on Deutronomy 33:2

My “Jewish God”?

In 2012, the last time I wrote about this topic, I began with the following disclaimer: “This is a critical reflection on certain aspects of my tradition. It has been suggested to me that, in highlighting these elements, I am reinforcing a misconception of Judaism as overly harsh. A balanced study of Judaism and the Yom Kippur service will show concepts of God as both compassionate alongside themes of judgement”. This disclaimer is still relevant.

On Saturday 23rd September this year, I will have the solemn Jewish New Year Holy Day prayers echoing in my mind. Many of these will reflect the idea of God as a judge. God’s verdicts will determine ‘Who will live and who will die? Who at their pre-destined time and who before their time?’ (1). One week later, Jewish people observe the Day of Atonement, where the theme of God as judge comes up again, along with language referring to God as father and king. It leads me to consider what the traditional Jewish concept of God is (This is what my topic means, not that there is a God that belongs to Jews or a God who is Jewish somehow.)  

In our highly poetic Torah reading this week, we are told that “all of God’s ways are ’judgement’” (2). The Talmud takes this verse as a warning against daring to say that God is clement (e.g. one whose nature it is to let people get away with sins) or indulgent (3). This teaching is puzzling because God is praised in the Torah as forbearing of sin (4). An implausible resolution of this contradiction is that God is forgiving of one or two sins, but not with repeat offenders (5).

A far more compelling teaching encourages us to have faith and confidence in God’s forgiveness. God is described as “generously forgiving the instant one pleads for forgiveness…” (6). This teaching refers to the daily prayer that praises God for being abundant in forgiveness (7).  “It is characteristic of people, that if one injures another and asks his pardon which is granted, and then repeats the misdeed, it becomes more difficult to grant pardon again, and certainly a third and fourth time. But, by the standard of God, there is no difference between once and a thousand times. Pardon is a manifestation of [God’s] ...mercy. Divine [mercy is] not bounded and finite; they are infinite.” (8). .."For His mercies have not ended" (9).

Recently, I have been learning a little about assertiveness and management  from a wise woman, Michelle Brenner, and the impressive business coach Wade Ebrahimi. (10) (Yes, this is a plug.) A key lesson for me is about the importance of being clear in my communication as a “boss”. I don’t like the idea of being a “boss”. I would rather just be a colleague and still get everything magically done as I think it should. I am learning that I can continue to be collegial with those who report to me. However, I must also give them clear direction. I must differentiate between suggestions, requests and, if need be, orders. Similarly, God relates to humans in multiple ways - in mercy mode as well as holding us accountable. The former should not be taken to override the latter, particularly in a moment of decision making about whether or not to do the right thing (11).  

If I was seeking a neat resolution, I would end this discussion with the abundant forgiveness teaching above. One Jewish man I met the other day, thought of God as predominantly forgiving. That works for him. For me, I am caught between the different characterizations of God in both Torah and prayers.

I was struck by an anecdote that included an apparently tactless statement made to a grieving father mourning the death of his young son. The father was told that the death of young children is a Divine punishment of parents for the parents’ sins (12). The basis for this troubling idea is the verse “God saw and became angry, from the anger of his sons and daughters” (13). This is interpreted as parents provoking God, causing Him to punish the parents through their children (14). The modern reader can either howl in protest or respond with silence.

These teachings, somehow, sit side by side with parental concepts of God.  We read of God carrying the Jew like an eagle carries its young on its wings, (15) “nursing him with honey from bedrock” (16).

Despite the contradictions, I take some comfort from the fact that, whenever the Torah calls us to imitate God, there are always references to God as caring and compassionate, never cruel and harsh. “Just as G‑d is called merciful, so too, you must be merciful. Just as G‑d is called kind, so too, you must be kind...” (17). Similarly, we are taught:  "Just as God clothes the naked, ... so too, you must clothe the naked. Just as God visits the sick, ... so too, you must visit the sick. Just as God comforts mourners, ... so too, you must comfort mourners" (18).

I end, as I began, without a clear Jewish concept of God. I don't speak for all Jews, but I think it is fair to say that it is not a simple question to answer for those of us who seek guidance from traditional texts. This time of the year, with the days of judgement, repentance and atonement, is a time for re-engagement between the Jew and his God. I suggest that the repeated references, in our liturgy, to God as both father and king, is a useful indication of a complex Jewish understanding of God.  

1.     Reflection on who will live and who will die is prominent in the Unesaneh Tokef prayer, which is a key part of the Rosh Hashanah prayers.

2.     Deuteronomy 32:4: Surprisingly, Ramban suggests that Mishpat here relates to mercy.

3. Talmud Bava Kama 3a: The context of this teaching is a story about a righteous man who dug wells for the community, whose daughter fell into a well but was saved from drowning in the merit of her father’s good deeds. Yet, her brother died of thirst, despite his father’s merit in supplying people with drinking water, because God is very demanding of the righteous and even small sins can result in harsh punishment.
4. Exodus 34:7
5. Torah Temima on Deuteronomy 32:4
6. Tanya, Igeret Hateshuva 11
7. The Amida, חנון המרבה לסלוח
8. Tanya, Ibid
9. Lamentations 3:22
10. http://www.triserv.com.au/
11. Torah Temima
12. Talmud Kesubot 8b
13. Deuteronomy 32:19
14. Rashi on Talmud Kesubot 8b, also in Maharsha commentary
15. Deuteronomy 32:11
16. Deuteronomy 32:13
17. Sifrei Parshat Eikev., cited in Maimonides’ Sefer Hamitzvot, Mitzvah 8, based on Deuteronomy. 28:9, 11:22, and 13:5
18. Talmud, Sotah 14a

Deluge of Doubt Torah & "Natural" Ethics (Ki Teitzei),

Indecisive. Weak. Not good enough. Am I doing the right thing? Accusations and self doubt are part of the semi-conscious soundtrack of my mind and I am not alone. These thoughts can be distortions of reality and unreasonable. However, living with uncertainty is also a strength.

The verbal onslaught is not just internal. There is a constant stream of emotive arguments for one course of action or its opposite. For example, on Sunday night I listened to Michael Kirby. A dignified, and distinguished former judge of the High Court of Australia. He observed, how despite the fact that people praise him for his various accomplishments because he is gay he is treated like a second class citizen in his own country. In a telling reflection of the ferocity of the current public debate, he insisted that ‘he was not bullying anyone in putting forward his view’.     

Some people seek refuge from uncertainty in religious absolutes. However this depends on the question of whether the Torah claims to have all the answers and therefore ethical ideas from sources outside the Torah are not deemed valid? Or does Torah recognise ‘natural ethics’?

In the Torah reading this week we are confronted by the treatment of a captive “woman of beautiful appearance” (1) during a war in ancient times. In one interpretation (2) of this passage, it is about managing a man’s lust and seeking the lesser of two evils. The woman goes through a process that is designed to make her less attractive to this man in an effort to dissuade him from marrying her. It seems to be all about his needs, not hers.

The woman’s consent for having sexual relations with this man is required (3). However commentary tells us that as prerequisite for the marriage she was to be converted to Judaism and according to one view this could involve coercion (4). Even the marriage itself does not seem to depend on the full agreement of the captive woman/new wife (5).  

This law is only confronting if there is a standard of ethics that we measure the Torah against. If we assume that G-d’s law defines morality then it is not good by definition? Perhaps. However, I think that Torah does recognise the validity of natural ethics.

The Torah calls us to to do that which is good and proper in the eyes of God (6). However our tradition teaches that the word “proper” refers to faithful conduct in matters of trade and dealing with others in a way that is pleasing to people (7). Human concepts of ethics are clearly valid.  

Proper human conduct preceded the revelation of God’s law by twenty six generations (8). People conducted themselves “according to proper logic and faith without the Torah” (9). In fact if the Torah had not been revealed we could have learned modesty from a cat, to avoid theft from ants etc (10). The tradition that we could learn how to behave from observing the behaviour of animals and insects demonstrates that a) there are virtuous character traits that can be learned outside of religious law and b) that it would be proper to learn this from observing natural phenomena (11).

Judaism teaches that natural notions of ethics and religious revelation are interdependent, neither of these really works without the other (12). There are many nations of the world that have not followed the Torah yet, they are ethical (13). Torah, religious revelation and teachings,  can play a key role in setting a person on the right path, but there is also that which comes to a person from within himself and his natural conduct...And if a person does not have this natural preparation the commandments of the Torah will not be enough. Because commandments can straighten a person generally but it is impossible for them to address fine details that are constantly arising anew. [for this] one needs morals and natural ethics…(14).

Returning to the  law of the beautiful woman, there are alternative commentaries of some aspects of this that are somewhat less in conflict with natural justice. The required process of her crying for a month long is designed for her benefit, the mourning process being cathartic (15) and about honoring her parents. Shaving her hair, and cutting her nails are part of her spiritual transformation (16). Still challenging, but the woman is seen as person, not an object.

The question about the place of natural ethics, is also reflected in an astonishing teaching relating to the commandment to send away a mother bird before taking her chicks or eggs (17). If someone recites a prayer that attributes this commandment to God’s mercy that person is silenced (18). One explanation (19) for this is that the commandments are not to be understood as expressing mercy but as God’s decrees!”.This seems to be a dismissal of the merits of the natural ethical value of mercy as being unimportant, with the prefered emphasis placed on obedience.

Again, other commentary offers an alternative view. The restriction on attributing the commandments to mercy is technical not theological. It applies [only] to mitzvot whose reasons have not been specified, therefore in it is not for us to decide what the motivation is. Furthermore, the required “silencing” is only after the prayer was recited with a caution to avoid saying it another time rather than being so terribly heretical that it needs to be corrected immediately (20). Another commentary states that to take the mother bird along with her young is “a way of cruelty” (21), implying that this commandment is indeed motivated by mercy.  

A final example from our reading is the insistence of the Torah that we show compassion for someone who escaped an oppressive situation and seeks refuge with us (22). Commentary about this law equates human concepts of what is to be regarded as cruel or merciful with what is pleasing to God and imitates God’s ways (23).  

Once we accept the importance of a human element in discerning proper conduct we are in the messy ambiguous space of subjective value judgements about specific situations. Of course we can bring religious wisdom to decisions, but we will still often need to grapple with the questions of what is right or wrong. It is not easy but would we really want it any other way? I think not.

Notes

1. Deuteronomy 21:10
2. Rashi on Deuteronomy 21:10
3. Yeraim, cited in Ritva,cited in Yalkut Meam Loez states “It has not been permitted, only by her consent, he is not allowed to have intercourse with her against her will. Ramban on 21:11, states “it is not proper to sleep with her, in a situation in which she being “forced” [into conversion] as she mourning her family and faith and screaming in her heart to her god to save her and return her to her people and her god/s.”
4. Ramban on 21:11, states that her conversion is by compulsion, however Ramban sees a process in which she is comforted and encouraged to accept her new reality, that she will never see her people again and therefore she will adjust to the point that her idol worship will be removed a little from her heart and she will cleave to this man. To what extent such resignation and acquiescence should be  considered consent is a tough question.  According to Rabbi Yonason in Sifrei and Sifrei Dbei Rav cited in Yalkud Me’am Loez she is not to be converted against her will, also according to the Rambam,  cited in Yalkud Me’am Loez p. 795, the conversion is voluntary.
5. we are told in the Torah that if the Jewish man does not want to marry her that she goes free (Deuteronomy 21:14). According to Ibn Ezra’s commentary on the words “she goes free”, the assumption is that the man “should do her will”, which implies that we assume that she did not want the marriage.
6. Deuteronomy 12:25 & 12:28
7. Mechilta
8. Vayikra Rabba 9:3, Tana Dbei Eliyahu Rabba 1
9. Etz Yosef commentary on Vayikra Rabba 9:3
10. Talmud, Eruvin 100b
11. Lichtenstein, A. in Hebrew translation http://www.daat.ac.il/daat/kitveyet/deot/lichtenshten-4.htm https://www.scribd.com/doc/16263866/Does-Judaism-Recognize-an-Ethic-Independent-of-Halakhah-by-Rav-Aharon-Lichtenstein
12. Ethics of the Fathers 3:17
13. Yachin, Tiferet Yisrael commentary on the Mishna.
14. Meiri on Avot 3:20 in Beit Habechira p.56, Vagshal publication 1971, based on Mekitzei Nirdamim, 5696
15. Maimonides in the Moreh Nevuchim, cited in Ramban on 21:11, also in Chizkuni
16. Chizkuni, he argues that it is similar to rituals performed as part of the transformation of the Levites when they were appointed to their roles in the desert temple (Numbers 8:7).
17. Deuteronomy 22:6–7
18. Mishna in Talmud, Berachot 33b, translation from Sefaria.org
19. Rashi on Talmud, Berachot 33b
20. Maharsha, on Talmud, Berachot 33b
21. Chizkuni
22. Deuteronomy 23:16-17
23. Ramad Vali, Mishneh Torah, Devarim.

רמ"ד וואלי - משנה תורה - דברים (דף 242-243) מפרש המצוה לא תסגיר בקשר לחילול השם וקידוש השם. אלו דבריו: " כי כבר ידוע שהוא בורח מפני אכזריות אדוניו שרדהו בפרך ואינו יכול לסבול את רשעתו. ואם ישראל ימסרנו ביד אדוניו יהיה חילול השם גדול, כי יאמרו הגוים שבני ישראל אכזריים יותר מהם, מאחר דניחא להו להחזיר העבד העלוב מוכה ומעונה בידו של אכזר. ואדרבה ניחא ליה לקב"ה שיהיו ישראל בחזקת רחמנים בעיני האומות... עמך ישב בקרבך. דהיינו במקום המוצנע, שלא ימצאנו אדוניו ולא יחזירנו לשעבודם.
במקום אשר יבחר. הוא ולא אתה. כי בחירת אחרים מצערת את האדם כשהיא כנגד בחירתו.
באחד שעריך. דהיינו בעיר ולא בכפר, כדי שתהיה הצלתו בטוחה ולא מתרופפת.
וגם בעיר עצמו. בטוב לו. ולא בטוב לך, שאם ירצה ידור בבית זה ואם ירצה ידור בבית אחר ולא תכריחנו לדור בפי רצונך. שאם תעשה כך, זהו חסד שלם המשתוה אל הנהגת אדון הכל, ואתה עושה נחת רוח ליוצרך, וקידוש השם לעיני העמים."