COVID Tensions Prejudice and Tisha B'Av

"Where is the Aussie spirit?" Aren't we all Aussies?! the man with the long orange beard asked a group of police officers. I was very moved when I watched this highly charged exchange that began over allegations about masks. It got me thinking about maintaining solidarity in general, and especially during COVID. 

I write from two perspectives: as the National Director of Together For Humanity, my work is focused on fostering interfaith and intercultural understanding. I also write as a Jewish person sharing my experiences with you, dear reader, as another way of fostering understanding.

The bearded man at the beginning of this article is Rami Ykmour, an Australian of Lebanese heritage and co-founder of popular restaurant chain Rashays. On the afternoon of 8 July 2021, police entered his Chester Hill office over allegations that some of his staff were breaching face mask orders.  

After some disagreement about how to proceed, the situation escalated. Rami made his appeal to the police, whose patience with him was quickly wearing thin. In the days since the incident, Rami has expressed regret for how things unfolded and support for the police for doing their jobs. He rightly observed that many people are very stressed and stretched at this time.

The exchange happened at a crucial moment during the intensifying current Sydney lockdown. There have been anguished assertions of unequal and harsh treatment of Western Sydney residents from non-English speaking backgrounds, compared with residents in other parts of Sydney. One Western Sydney man from an Arab background told me he was reluctant to leave his home to go to the shops for food he needed because he just was not up for “dealing with all this.” No doubt there are reasons for specific police decisions relating to facts about the virus – rather than ethnicity – that I do not fully understand, so I don’t feel equipped to comment on the actions of the police.

However, what is happening in Sydney now brings to mind long-standing experiences of prejudice experienced by many people from migrant backgrounds, and this worries me greatly.

Rami’s question about us all being Aussies reminds me of the plea of the Jewish character Shylock in the Merchant of Venice: “Doesn’t a Jew… warm up in summer and cool off in winter just like a Christian? If you prick us, don’t we bleed?”

We discussed this among the Together For Humanity team. One of our teachers, Kate Xavier, herself a South-Western Sydney resident of Croatian Catholic heritage shared the following sentiment: “the danger for us living out West is real. Not only a sense that we don’t belong or are inferior, but a sense of feeling that any minute we fall into that trap of believing the media narrative and forgetting the humanity of our neighbours and ourselves.”

As a Jewish person, I feel called to counter any form of prejudice. It is for this reason that I feel so strongly about everyone feeling that they belong. The most repeated commandment in the Hebrew Bible concerns the treatment of the “stranger”– the minority member – the less powerful, less established “stranger.” Jews are called to remember that the Jewish people were once “strangers” in Egypt.

I write these lines on the saddest day of the Jewish calendar, Tisha B’Av. This year, I joined other members of my community to recite Lamentations in the traditional mournful tune via Zoom under lockdown. On this day we mourn destruction, division and loss of dignity. One legend of this day involves a man, Bar Kamtza, who - like Rami - pleaded for dignity. Solidarity means that every Australian, regardless of background, never needs to question if they are as Aussie as anyone else. 

Driven and Depleted, Reflections on Orientations to Work

“And the fish in the river died, and the river stank” (1). This is a description of a plague upon the Nile river, at a time that the Hebrews were dehumanised and driven to perform hard labour. In our own time, the depletion of the Darling river system and the death of over a million fish at Menindee is devastating for the people who live near and depend on the river. While this blog post is about depleted human beings, rather than rivers I see a parallel between the ways in which we are taking too much out of rivers and humans. In this blog post I argue that the stresses of modern life can be reduced by de-emphasising materialistic striving and replacing it with a more spiritual and accepting worldview.

I was moved by an article by Dr. Anne Helen Petersen on How Millennials Became The Burnout Generation (2). She describes depleted people. Simple tasks can make millennials feel overwhelmed. “I was deep in a cycle of “errand paralysis.” I’d put something on my weekly to-do list, and it’d roll over, one week to the next, haunting me for months. None of these tasks were that hard: getting knives sharpened, or vacuuming my car. A handful of emails — one from a dear friend, one from a former student asking how my life was going — festered in my personal inbox,... to the point that I started calling it the “inbox of shame.” 

Petersen argues that: “Burnout and the behaviors and weight that accompany it aren’t, in fact, something we can cure by going on vacation. ...it’s not a temporary affliction: It’s the millennial condition. It’s our background music. It’s the way things are. It’s our lives.”

What is going on? Some of the elements in the article by Petersen are the following: 

Purpose: This generation has been “trained, tailored, primed, and optimized for the workplace — first in school...— starting as very young children”. (3)

Expectations: Millenials have great expectations that emphasise individual fulfillment and success: A students told Professor Petersen: “I want a cool job I’m passionate about!” For millenials the job needed to tick 3 boxes; “employment that reflects well on their parents (steady, decently paying...) that’s also impressive to their peers (at a “cool” company) and “doing work that you’re passionate about”. More broadly, there were expectations that the current generation would be better off than their parents’ generation in terms of health and finances. Many millennials have realised that this expectation is not being met. “One thing that makes that realization sting even more is watching others live their seemingly cool, passionate, worthwhile lives online”.  

Work Conditions and rewards: Apart from the distortions created on social media, there are real injustices in the ways that many modern workers are rewarded for their hard work. The nature of the work itself is exhausting for many people. There is a tendency to work 24/7, replying to emails in bed, is one example of this. “The exhaustion experienced in burnout combines an intense yearning for this state of completion with the tormenting sense that it cannot be attained, that there is always some demand or anxiety or distraction which can’t be silenced”. 

How does one respond to this situation from a Jewish perspective? 

Judaism insists that beyond values like progress, and success in the “market”, lies a higher spiritual purpose to life. To protect the earth (4) in addition to working it (5), “The doing of justice, the love of kindness, and to walk discreetly with your God” (6); It is about righteousness (7), and holiness (8) and behaving in way that contributes to the “glory of God” (9). Of course, one does not need to be religious to live for a higher purpose. 

Like life in general, education must also be oriented toward a higher purpose, preparing children for this purpose rather than for work. The Lubavitcher Rebbe taught that education focused on work-readiness was spiritually similar to what the Egyptians tried to do when they threw Hebrew boys into the Nile. The Nile was an Egyptian God and the source of their livelihood. The Rebbe railed against those he believed were “throwing Jewish children in to the river of the customs and mannerisms of the land, ...which to their mind gives them “Parnasa”, their livelihood” (10). 

The disregard for secular knowledge can certainly go too far. Good Jewish schools combine Torah education and excellent secular education. Their students learn; how to be good, well functioning people, good Jews, as well as the skills and knowledge required for the workplace. 

The virtue of diligent work in highly prized in Judaism (11). However, let us not deceive ourselves that preparation and hard work always deliver wealth. Expectation is a great source of misery. It is utter rubbish to believe that if you expect something “the universe will give it to you”. In fact the evidence proves that exclusively positive thinking can reduce your successes  (12). Instead we are encouraged to aspire to equanimity- the ultimate virtue (13), happily accepting whatever outcome we get (14). Not easy, but worth aspiring to. 

Freed of expectations we can try to ‘go with the flow’ rather than be driven at work. We are instructed to rest on the Sabbath but in six days we should do “all our work” (15). This means that on Friday when we finish work, we regard it as complete and avoid thinking about on the Sabbath (16). Any work not done in the previous week is irrelevant to the week that passed. It is next week’s work! The psalms said it best “It is a falsehood for you, early risers, delayers of sleep, eaters of bread of tension! Indeed He [God] will give sleep to those he loves” (17). 

To change our individual thinking and habits is not enough. Pederson reflects on the fact that despite seeing injustices in the workplace, “we didn’t try to break the system, since that’s not how we’d been raised. We tried to win it”. The Torah demands that “justice, justice you shall pursue” (17). Perhaps we can start with replenishing ourselves by orienting ourselves to a more spiritual sense of purpose and a balanced pace of work and life. The next step is to engage with our communities and politics to ensure that people, the rivers and natural environments that nurture us are all cared for effectively. 

Notes

1. Exodus 7:21
2. https://www.buzzfeednews.com/article/annehelenpetersen/millennials-burnout-generation-debt-work
3. Malcolm Harris cited in Petersen 
4. Genesis 2:15
5. Ibid and Job 5:7
6. Micah 6:8
7. Genesis 18:19
8. Leviticus 19:2
9. Pirkey Avot, 6:11
10. Likutei Sichos Vol 1, p. 111-112
11. Genesis 29:7, and 31:39-40 and many other sources in the oral law
12. Kappes, H. and Oettingen, in Lomas, T. (2016) The Positive Power of Negative Emotions, Piatkus, p. 48
13. R. Bachya ibn Pakuda (Chovot Halevovot, Sha’ar Yichud Hama'aseh, ch. 5), p. 44 in Feldheim edition,  The Baal Shem Tov, https://www.chabad.org/library/article_cdo/aid/145431/jewish/Tzavaat-Harivash-2-3.htm 
14. Pirkey Avot,4:1
15. Exodus 20:9 
16. Mechilta cited in Rashi
17. Psalm 127:2
18. Deuteronomy 16:20

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

My Slavery Sermon: “Fat", Privileged & Uncaring

People just don’t care - I often find that infuriating!

But, the reality is that I don’t care enough about some things either, like modern day slavery for example. This sad fact came to my attention as I prepared to deliver last Saturday’s sermon as part of an interfaith initiative to combat modern day slavery.

I had prepared this sermon long in advance in collaboration with Rabbi Shoshana Kaminsky (1) for the organisation, “Stop the Traffik”. So I began with the staggering figure from the 2016 Global Slavery Index which reported that nearly 46 million human beings are currently trapped in slavery.  This is the highest number of slaves in human history. I then shared the following anecdote.

Ashani’s (not her real name) father was sick, but the family had no money to pay for needed treatment. Ashani accepted a loan that she believed she would repay by working in a Mumbai factory, but when she reached Mumbai she discovered that her job would not be in a factory but in a brothel.

Trapped, powerless and penniless, she suffered in this place until finally she worked up the courage to escape. She returned home and soon married. However the brothel sent men to find her and force her back. They beat her up. When her husband tried to protect her, he was beaten too. She found herself not only back in the Mumbai brothel – but also pregnant. When her son was born, she was fortunate to get him back to his father.

Ashani owed 20,000 rupees, or around AU$400 but she was earning only a few dollars each day, and she was forced to pay rental for her cubicle in the brothel and for her room, board and clothing. She would realistically never be able to pay off the debt. She was enslaved. Ten women from Stop the Traffik readily agreed to pitch in $40 each to buy Ashani’s freedom.

I am ashamed to admit that Ashani’s story speaks to my mind but not to my heart. Perhaps this is related to what social scientists have discovered about the nature of empathy. Research has revealed a clear ‘empathy gap’ whereby our empathy is essentially geared primarily toward people we identify with, eg. neighbours or others who seem to be ‘like ourselves’ (2). This quirk of nature means it is harder for me as a white middle class Jewish Hasidic man to connect with the experience of an impoverished, brown skinned, non-Jewish, woman forced to work as a prostitute.

The challenge of the empathy gap must be met with a principled engagement with causes such as modern slavery. I look for inspiration from the prophets. Only a few days ago on Yom Kippur we read from Isaiah (3) about a person who cried out to God, "I have fasted but you have not seen!” God replied, “You fast but with a clenched fist!”  This is not the fast God desires. Instead, God demands that we “Loose the chains of wickedness...to let the oppressed go free and to break every yoke.”  The highest form of charity is not to share more crumbs from our tables but to ensure that more people have a seat at our tables of plenty.

My faith does condemn or shame me for having abundant material possessions. On the contrary, commentary tells us that God made the Israelites “ride on the high places” (4) (plural), giving them both material and spiritual blessings (5). Privilege, like power is an opportunity that can be harnessed for doing good but which also carries risk and responsibility. The Torah phrases the danger as the Israelites having become “fat and kicked” (6) also becoming “thick”, losing capacity to understand “fine truths” (7). Equally, privilege can dull people’s capacity to connect with the  brutal reality of the 46 million slaves who are, of course, really people just like me.    

The products of modern day slavery are found in the homes of ordinary citizens in every western city and town. They are present in our shops and supermarkets. Some years ago I was inspired by a teacher  who told me how her students learned to look for a Fair Trade label (8) on a soccer ball, so that when they play sport they are part of the solution rather than part of the problem.  

The Torah calls us to “cry freedom in the land for all its inhabitants!” (9). This phrase is surprising because the context is freeing slaves rather than everyone. However, a 17th century scholar explained that “in any country where freedom is incomplete even if only a few are slaves, all the people are slaves. Slavery is an affliction which afflicts both slave and master” (10).

Having focused on these traditions, I have jumped the empathy gap and now care more about my fellow humans who deserve freedom as much as I do. I commit to doing what I can to advance this cause.   

1. http://stopthetraffik.com.au/freedomsunday/ for another version of this sermon that was prepared in collaboration with Shoshana, the version on my blog is closer to the sermon I actually delivered.  
2. Prinz, J, Is Empathy Necessary For Morality, http://subcortex.com/IsEmpathyNecessaryForMoralityPrinz.pdf accessed 14.04.2015
3. Isaiah 58:3-7
4. Deuteronomy 32:13
5. Samson Raphael Hirsch on Deuteronomy 32:13
6. Deuteronomy 32:15
7. Seforno on Deuteronomy 32:15
8. Stop the Traffik http://stopthetraffik.com.au/  is a rich source of information for us when we shop for clothing and for foods that are sadly connected with slavery, including fish, coffee, and chocolate.
9. Leviticus 25:10
10. Pnei Yehoshua, Joshua son of Joseph Falk, 1593-1648,

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

Good Intentions Good Works

Yesterday I heard a simply dressed woman stand up in the audience of a large room describe the way she and others in Tamworth help refugees and new arrivals in Tamworth, a country town. There is no money, no grants, no questions of accountability, just people simply working together to help newcomers, driving them in their own vehicle to inspect an apartment, helping with needed furniture and other practical needs. There was something really wholesome and inspiring in this great example where pure intention meets good works, with no other motives. Unfortunately, this is not always practical, for example in my case I do good work, based on positive intentions, but we have chosen to professionalise the work, which means I am paid for the work and there are questions of interests, power and authority over people that report to me.

Other-Focused

Monday: My step is light. My mood is upbeat. I’m walking down quiet tree lined streets to a trail that takes me into a little forest. The leaves are so many shades of red, brown and green. I’m not happy because I am noticing the trees. The opposite is true. I’m noticing the trees because of an inner joy.  It’s the joy of freeing myself from stress about funding for the organisation I lead by moving my focus to the people I have the privilege to serve.  This morning, I turned my attention back to lobbying the government for funding but my intention is not to keep afloat but on maximizing the benefit to children across this country. Thinking about how to ensure the impact is greater. I am experiencing the joy of being focused on my intentions to help others.

I feel inspired by Martin Luther King jnr’s “mountain top speech” and its focus away from self to the needs of the people he was committed to help. I used to read Moses’ speech about not getting to the Promised Land as a lament. “I pleaded with God at that time, saying. Lord, God, you have begun to show your servant your greatness…please let me pass (over the river) and see the good land…[i]”. Alas Moses’ plea is refused and he is merely allowed to see the Promised Land from the top of a mountain. In King’s speech shortly before he is assassinated he sees it differently. King tells his audience that “It doesn’t matter about me now”, he is not afraid to die because he has “been to the mountain top, and seen the Promised Land” he can see the realisation of his dream of an equal society. This is the head space I think we need to operate in, if we can. Thinking not about our own wishes or needs but of those we serve.

Intentions

Wednesday: I hear a speech by Mrs. Maha Abdo, a leader of the Muslim Women’s association. I am sitting next to her on the panel at a diversity conference. She begins by asking us to close our eyes and focus on our intention for being in that room at that moment. I close my eyes and think about the networking I came to do, promoting my organisation and decide that a better intention would be to focus on really hearing what others are saying and being here for the people in this room in the discussion. Maha says that in her recent trip to a village in Yemen the normal practice before doing anything is to stop and think about intention. I love it.

Impact

Alongside good intentions is the obligation to judge whether our efforts are having an impact, sometimes using “hard” instruments, such as demands for data, accountability and giving harsh criticism to ensure this is being achieved. This is particularly true when public or charitable funds are being used.

The Torah commands the people to put judges and “police” (Shortim שוטרים) in all their gates[ii]. This has been interpreted metaphorically as a requirement for making judgements about the words that come out of our mouths as well as what and how we choose to see things with our eyes and hear with our ears. I suggest that the priority be placed on wise judgement with any harshness being carefully employed only in accordance with this wisdom.

 The Hebrew word shoter שוטר , that I translated as police, has more than one interpretation. One scholar translated it as “rulers[iii]”. In his model there is a separation of powers,  there is the judiciary who make judgements and the rulers who ensure that the ruling of the judges is imposed. In this model there appears to be no ambivalence about the combination of coercive power and authority. An alternative and more prevalent view is that the “Shoter” has no authority of his own and refers to “the lads” who are given very specific instructions by the judges to enforce their judgements[iv]. In the second model, force or harshness is rightfully positioned in its proper subservient role.

I hope in my life I get it right, at the level of motives, intentions and impact on others. More broadly, the Australian government’s harsh treatment of asylum seekers, and the policies advocated by both major parties during our current election campaign needs to be challenged both at the level of intention and impact. May compassion prevail and all force and harshness humbly serve justice as determined by wise judgment.

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[i] Deuteronomy 3:24-26

[ii] Deuteronomy 16:18

[iii] Ibn Ezra

[iv] Mizrahi based on Rashi commentary on Deuteronomy 16:18 and Rambam Sefer Hamitzvos. In one version of Rashi he used the word “Gularion” which Marcus Jastrow explains to be a “soldiers boy”, or the most junior soldiers who typically are sent ahead in harm’s way but the credit it given to the more senior soldiers.  

Outcast Offenders – Understanding and High Expectations

From The Age newspaper

A white newspaper columnist called it “a Textbook case of society’s failure to save a child[1]”.  “Diane[2]” is a 15 year old Aboriginal girl who will be sentenced by an Australian court next Monday, 14 May 2012. She has repeatedly brutally attacked girls and women, stomping on one girl’s face before robbing her. She is illiterate, has trouble hearing and has an IQ score in the lowest 1 per cent. She is a regular drug user suffering unresolved grief who had thought of killing herself. The Columnist suggests that this case points to “a deeper failure to resolve the legacy of indigenous dispossession and alienation”.

This is not about what the courts should decide in these cases. It is about the broader moral question of how we think about alienated offenders with difficult circumstances be they black, brown or white. I think there is a lot of merit to the understanding approach that takes into account the horrific things done to Aboriginal people, the impact of the collective memory and ongoing issues and the individual hardship that people like Dianne experience. Still, I also worry about communicating a message to people of her situation that society is prepared to accept violence and robbery from them, because we think they cannot help themselves. What is the right response?

Death of the Blasphemer-Outcast-half-Breed-“Bastard”

There was a man of mixed heritage, son of Egyptian father and an Israelite mother named Shelomit of the tribe of Dan who quarrelled with an Israelite man[3]”. The Torah does not tell us the name of either of the flawed men who were quick to fight[4], but as a device let us call our Protagonist by the name Ben.

I feel for Ben, a half-Egyptian among the recently liberated Israelite former slaves. His mother Shelomit is described as a flawless beauty[5] that was a bit of a flirt, happily chatting with anyone[6]. Ben’s Egyptian father was an Egyptian task master who came to see his mother’s husband Dathan[7]. When the Egyptian official came into their tent Shelomit, flirted with him. The Egyptian hid behind a ladder[8] and when the husband went out he raped her[9]. Ben was the result of their encounter and according to one view his status was like that of a “Bastard[10]”. The Egyptian realised that the husband, Dathan, knew what happened, so the Egyptian beat him and tried to kill him. Moses appears on the scene at that moment and miraculously kills the Egyptian by pronouncing God’s name[11].  Dathan survives and divorces Shelomit. Shelomit’s brothers are furious and seek to kill Dathan[12]. What a load of baggage for a young man trying to find his place in the world.

Ben first identified with his absent Egyptian father but then decide to convert[13] and join his mother’s family[14]. The Israelites camped according to their tribes and Ben approaches the Dan camp[15] to join his mother’s tribe.  He receives a hostile reception, a Dan man fights with him, he degrades Ben’s mother[16], he tells Ben “you are a Bastard and the son an Egyptian[17]!” Ben asks the Israelite man, “where is my Egyptian father?” He is told that his father was killed by Moses by use of God’s name. Ben has been deeply humiliated by this stage, contrary to the idea “don’t rush out to fight[18]” he hurries[19] to the court of the great prophet Moses, his father’s extra-judicial killer[20], to resolve the issue but he loses the case[21].  Utterly rejected and furious, Ben pronounced the same Divine Name used by Moses to kill his father and blasphemes. He is promptly imprisoned and obeying divine guidance, he is executed, the whole camp stoning him.

How serious is Blasphemy?

The first objection the modern reader would raise is about Blasphemy being punished by death. I must be honest that I am glad that the laws relating to Blasphemy and punishments are not in force today. To try to imagine how seriously Blasphemy was taken it useful to read a description of the procedures of a Blasphemy. “The whole day [of the trial] the witnesses are examined by means of a euphemism for the divine name, ‘may Yose smite Yose.”  When the trial was finished, the accused was not executed on this evidence, but all persons were removed [from court], and the chief witness was told, ‘State literally what you heard.’ Thereupon he did so, [using the divine name]. The judges then arose and tore their garments (a sign of mourning), which were not to be resewn….[22]”. For the purpose of this discussion, it is useful to put to one side, the question of the harshness of the punishment or even the question about whether Blasphemy should be a crime. Instead let us focus on the moral question about how someone like Ben is to be approached can be considered in the light of this story and its commentaries.

Difficult Circumstances Defence

I would think Ben would be entitled to some understanding for his situation. We find that Job is not judged for his complaints against God[23], because, “Job, not with knowledge does he speak[24]”. Out of the difficulty of his pain, he is considered to not be of sound mind[25]. Based on this, our sages have concluded that a person is not punished for what s/he says in a situation of pain[26]. I wonder why Ben, is not let off the hook?

The bigotry/personal animosity motive?

Traditional commentary rejects the idea that the killing of the “son of the Egyptian” was motivated by hatred in the heart related to the fight with the “Israelite man[27]”. The Torah repeatedly emphasises equal treatment between the stranger and the long-standing “citizen”. It raises this point again twice! along with a few other laws in middle of the story of the Blasphemer[28]. We are then told, “the Israelites took the blasphemer outside the camp and stoned him…just as the Lord had commanded Moses[29]”.  The motive was solely to obey God’s command.

Combination of Understanding with high standards 

One approach to this issue combines genuine humility and understanding with high expectations. “One should not judge his fellow until being in their place[30]”. For it is literally his “place” i.e., his physical environment that causes him to sin, since his livelihood requires him to go about the market-place all day…(or) he is of those who sit at the street-corners. Thus his eyes see all sorts of temptation; and “‘what the eyes see, the heart desires….”. In addition a person who had the benefit of religious knowledge is encouraged to consider him/herself “lowly[31]” in comparison with an uneducated sinner. One must also avoid judgement based on other factors including individual temperaments. Alongside these teachings sits the following statement: In truth, even he who is extremely passionate by nature, and whose livelihood obliges him to sit all day at the street-corners, has no excuse whatsoever for his sins…For he should have controlled himself and restrained the feeling of desire in his heart….[32]”.  

Conclusion

I still have trouble with the whole sad episode of Ben, from his rejection by the tribe of Dan to the confirmation of that rejection by the court of Moses and Torah law, through to his execution. How do we reconcile this story with teachings about the importance of caring for the vulnerable and human dignity? Returning to the original question about the offender-victim, I will not make any attempt at offering solutions to the problems that led up to Dianne’s scheduled court appearance. But I will repeat what an Aboriginal community worker I have great respect for told me in another context, that it is vital that young people in her community learn that they have choices about their future.

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[1] Horin, A, When all else fails, society can too. Sydney Morning Herald, Weekend Edition, 5-6 May 2012

[2] Not her real name

[3] Leviticus 24:10

[4] Klei Yakar

[5] Shemot Rabba 1:32

[6] Vayikra Rabba 32:5, Midrash Hagadol, also cited in Rashi, Her name is taken as a clue that she was a loose woman, “Shelomit” which is related to the word Shalom/peace and this is interpreted as asking everyone how they are, the name Dibri is closely related to the word for talking Daber and is also taken as reflecting her chattiness.

[7] Shemot Rabba 1:32

[8] Vayikra Rabba

[9] Midrash Hagadol

[10] Torat Cohanim, Vayikra Rabba 32:4

[11] Shemot Rabba 1:34

[12] Sefer Hayashar, and Midrash Divrei Hayamim L’Moshe cited in Torah Shelaima vol 8, p.77

[13] Torat Cohanim

[14] Hizkuni

[15] Torat Cohanim

[16] Zohar Vayikra, 106a, cited in http://www.aish.com/tp/i/moha/92077274.html

[17] Hizkuni

[18] Proverbs 25:8

[19] Yelamdenu

[20] There is an implied criticism of this killing in Midrash Petirat Moshe in which God asks Moses “did I tell you to kill the Egyptian?” Moses counters by pointing out God’s killing of the first born Egyptians, to which God retorts, “are you like me, to make die and make live, can you give life like I do? Cited in Torah Shelaima vol 8, p.81

[21] Torat Cohanim

[22] Mishna Sanhedrin, 7:5

[23] Job 9:24 “The earth has been given into the hands of a wicked one; he covers the faces of its judges. If not, then who is he?”

[24] Job 34:35

[25] Metzudat David

[26] Talmud Bava Basra 16b

[27] Ohr Hachayim, Ramban and Seforno on Leviticus 24: 23

[28] Leviticus 24: 16 & 22

[29] Leviticus 24: 23

[30] Pirkey Avod 2:4

[31] Pirkey Avot 4:10 combined with Talmud Bava Metzia 33b as explained in Tanya 30

[32] Tanya 30, translation text taken from Lessons in Tanya http://www.chabad.org/library/tanya/tanya_cdo/aid/7909/jewish/Chapter-30.htm