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The First Rashi

23 Thursday Oct 2014

Posted by ndanzig in Parsha

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Genesis, Jews and Gentiles, parsha, Rashi, torah

Rashi [Bereshit 1:1] notes — in the name of ‘Rabbi Yitzchak’ — that it would have been logical for the Torah to begin with the first Commandment “This month for you is the beginning of months” [Shmot 12:2]. Why then does the Torah begin with the story of Creation?

The Torah began with the story of Creation because it wished to convey the message of the verse “The power of His acts He told to His people, in order to give them the estate of nations” [Tehillim 111:6]. If the nations of the world will say to Israel ‘You are bandits for you conquered the lands of the seven nations who inhabited Canaan’, Israel will respond that the whole world belongs to G-d. He created it and He gave it to whoever was proper in his eyes. By His wish He gave it to them and by His wish He took it from them and gave it to us. These are the words of Rashi.

Rashi’s first point is that since the Torah is meant primarily to teach laws, it should have started with the first law in the Torah.  But why doesn’t Rashi propose that it start with the more central laws of the Torah, like for example the ten commandments?  One answer would be that Rashi is simply choosing the place where a law first appears in the Torah, and that law happens to be the law prescribing the sanctification of the new moon, kiddush hahodesh. Or perhaps this law is chosen because it shows the central place of the Jew in the law, for it is the Jew, the Sanhedrin that proclaims the new month and hence the calendar. There cannot be a calendar without the Jews creating it and therefore all the holidays are dependent on man. Man and God are partners in Torah.  But there is a still deeper connection to the law of Kiddush HaHodesh.

In the story of the creation of the moon it is written: There shall be lights in the heavenly sky to divide between day and night. They shall serve as signs [to define] festivals, days and years. (1:14) So we see that particularly, the moon and the sun were destined from inception to be observed and used as holiday markers by the Jews.  Creation itself was built for the halachic use of the Jew. Rashi’s thought is that the Torah should start with the application of halachic to creation. But this would imply that creation’s only value is for the use of man.  But creation has an intrinsic value for God. And so Rashi explains that creation is a manifestation of God’s strength (Psalms 111:6). And that is independent of the Jews particular needs. Furthermore, God gave the Land of Israel to another nation before he gave it to Jews. Jews are not the sole focus of creation.

God’s world is a fact.  It is the choice of the Jews and the Gentiles whether they will participate in God’s plan.  There are no guarantees for us. But the world is constant. To quote George Carlin, “The world doesn’t need saving, we need saving.”

One Judge is Better than Three – Talmud Sanhedrin 5a

22 Wednesday Oct 2014

Posted by ndanzig in Uncategorized

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TB Sanhedrin 5a brings that one expert can be a judge in monetary cases and that he is equivalent to a normal court of 3.  The Talmud then questions whether the expert also needs to be authorized by the rabbinical establishment for his decisions to be considered final. (The gemara assumes that de facto anyone can deliver a judgement, but if he was not allowed to, de jure, then if he errs, the decision can be cancelled.)  It is proven that his decisions are final even where he has not be granted authority, assuming he is an expert, from the case where a expert who erred was told to personally pay the defendant back his money.  Since the decision was not simply cancelled and the plaintiff not made to return the money, we learn that an expert’s decisions are in fact final, even where he has no official authority.  Were he to have authority, he would also not be required to personally pay the defendant.

Tosfot  (ד”ה מומחה) compare our sugia to a passage on page 23a which starts off by rebuffing Rabbi Meir, and telling him that a litigant cannot reject a judge that is an expert, implying that Rabbi Meir believes you can reject such an expert judge. The Gemara then corrects the statement to be merely telling Rabbi Meir that you cannot reject a judge who was given the status of expert without being an expert.  Rabbi Meir then only differs in holding that such a non-expert expert can be rejected, but all agree that a true expert cannot be rejected.   Tosfot point out that the sugia there (23a) does not mean to imply you must have experts on every court.  This seems obvious to me.  Then Tosfot say that in fact, even average people, once they are composing a court of 3, will, for the purposes of that court, be considered experts, even without being extremely learned. We might object to Tosfot, if every court is considered to be composed of experts, as Tosfot say, then how can the gemara on 23a state that expert judges cannot be rejected? They are all always experts!  Rather, when they are still being appointed to the court, they are not yet experts and so can be rejected, but not after they are sitting. Tosfot are bolstering the court and denying the possibility of invalidating judges once they have been composed into a sitting court, Aside from reconciling the sugia on 23a, we can say that tosfot have broaden the definition of expert so that all courts will have the same validity and cannot be invalidated after the fact.

Tosfot (ד”ה דן אפילו יחידי) demonstrate that the discussion of what or who makes a court is really a question of making a court that can force people to appear before it (and presumably, force them to comply with its decisions). For if the litigants all consent to be judged by a man, even an average man, then his decision is binding on them (assuming the judge pronounces a correct judgement). Tosfot therefore conclude that a single expert or a court of 3 average people can force litigants to court. Interestingly, the court of 3 average people is compare to a single expert, not the reverse, thereby implying that a single expert as judge is the primary law (an interesting inversion). Shmuel’s case of a court of 2 (non experts) that are called “presumptuous” can likewise force litigants.  And the case of זבל”א on 23a is where 2 judges exist and the third one is voluntarily chosen by (in one opinion) the litigants. If the litigant can choose judges, doesn’t that mean the litigant must be there voluntarily? Couldn’t he choose not to be there just the same? To this Tosfot answer that he can choose only who will judge him, but he cannot choose to no come to any court.

Pirke Avot advises not to judge alone because you might err.  So how could Rav Nachman and Rav Hiya say they judge alone?  Tosfot (כגון אנא) answer, they are only saying they are capable of judging, but don’t actually judge alone.  Alternatively, they do judge alone, but because they are constantly involved in judgments, they won’t err.  This gives us a new category, a well practiced expert.

Rashi holds that an expert דלא נקיט רשותא who errs must pay if the litigants asked him to judge them “according to the Torah law” if they didn’t accept upon themselves possible errors in judgment. Tosfot (ואי לא) argue from the gemara דן את הדין on 6a that this law would apply even to one who is not an expert (even according to rashi there). Tosfot say that the teaching here is that since this is a case of an expert judge, even where the litigants did not agree to the judge at all, if he errs, the judge must pay the defendant and his judgement cannot be reversed.  Were the judge also to have נקיט רשותא it would have saved him from having to pay. Rashi was only able to explain the necessity for the judge to repay by the litigants’ request for the judge to apply correct Torah law which the judge failed to do. If they had not accepted the judge at all, where an error has occurred, the judgment would be nullified. Tosfot instead have granted even a non-authorized expert the ability to force the litigants to court and therefore they do not need this to be a case of acceptance (based on Tosfot ד”ה דן אפילו יחידי ). What prevents Rashi from accepting tosfot’s explanation? Does Rashi hold that an expert can force, but only if he produces the correct judgment?  Otherwise an expert’s forcing does not count? It is a strange mix for rashi to agree to the forcing (assuming he does) yet invalidate the din when the judge erred. But we find a precedent for this kind of rule in the law that a man can execute his own judgment if he knows he is right (עביד איניש דינא לנפשיה) BT BK 27b

יש לאדם לעשות דין לעצמו אם יש בידו כח, הואיל וכדת וכהלכה הוא עושה – אינו חייב לטרוח ולבוא לבית דין, אף על פי שלא היה שם הפסד בנכסיו אילו נתאחר ובא לבית דין, לפיכך אם קבל עליו בעל דינו והביאו לבית דין ודרשו ומצאו שעשה כהלכה ודין אמת דן לעצמו – אין סותרין את דינו

(משנה תורה, הלכות סנהדרין, פרק ב’, י”ב)

Tosfot ask if Bavel rabbinic authorization is valid in Israel, but not the reverse, implying Bavel is more authoritative, doesn’t that contradict Pesachim 51a that Bavel is said to be subsidiary to Israel regarding customs?  See also 24a here. Tosfot answer that although the Rabbis of Israel are more learned and they are to be followed in some matters, regarding money matters, Bavel has more authority, because Bavel’s authority derives from the sons of David, not the daughters.  Other Rishonim say the authority is from the the secular powers that grant more power in Bavel.  The gemara in Pesachim is convoluted, for it allows Bavel to have a different custom from Israel because Bavel is subsidiary to Israel.  But if that is the case, then Bavel should change to be in accord with Israel.  Why doesn’t it. Apparently they are independent of each other.

Tosfot (נקיטנא) explain that there are two systems of authority: regular authorization from the leaders of Bavel or E. Israel and personal smicha from a rabbi who himself has received smicha. Tosfot then propose that possibly where there is a chief rabbi of a city, only he is allowed to give smicha.

Yitz Greenburg on Sukkot and Covenantial Responsibility

06 Monday Oct 2014

Posted by ndanzig in Holidays

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bible, covenant, Maimonides, sukkot, yitz greenburg

Here is what I heard from Rabbi Yitz Greenburg today:

In the Guide for the Perplexed III 32 (see also III 24) Maimonides discusses Exodus 13:17. There God says he will take the Jewish people to Israel in an indirect route. Maimonides says this is to improve the nation and transform them from a slaves into brave soldiers capable of conquering the Philistines.

Rabbi Greenburg asks, God could have changed the nature of Jews or He could have changed the Philistines to be weaker.  In short, He could have achieved the goal of getting the Jewish people into the Land of Israel through miraculous means.

But God’s way is to give people what they need now, not coercing them but having them grow and internalize values.

This is central model of Judaism.  It carries over not just from desert to Israel but from Egypt to Israel. Coming to Israel the Jews faced the challenge of creating a society based on common values, justice, equality, and of covenantial responsibility. This is the journey we are on: to evolve toward this society through our own action and through our self-transformation.  That went on for a 1000 years, then they were exiled, then again they came back.  And is some way the they succeeded in that they survived, but they didn’t transform the world.  And this journey continues from ancient times to medieval times, to modern, to post modern times. And at each step in this journey we need to refine our society and bring it closer to that ideal state we seek.  And now we again have challenge of power.

Journey requires maturation.  And it must be over the course of generations.  One generation change leads to Stalinism, a non multi-party system, coercion, violence. And you get a society that is supposedly living by this ideal standard, but it is full of coercion and injustice.  So too today where people try to create an ideal Jihad based society overnight. You end up with a not perfect society, but one with a lot of killing and oppression. The price we need to pay for the slow transformation is to give legitimacy to the opposition.  So the journey is to deal with reality and to transform over time.  This is what the halacha is doing, the next best thing to the ideal, not total equality, but using taxes and tzadakka and shmitah to bring society closer to equality.

The Torah ideal is veganism. I Gan Eden (Gen. 1:29) even the animals are vegetarian, there is no predation. But we are not in that ideal state today, we need to compromise with real world, so the halacha allows only certain animals, a very limited number of species, killing is swift, can’t eat blood, i.e. I acknowledge that I don’t own the animal’s life, its blood,. No milk with meat to recognize that life and death is are in opposition, there is a penalty of eating meat, you must wait 6 hours to have milk.

In the real world, women are bought and sold.  There is a covenantial change. Look at Exodus 21.  It limits slavery:  6 year limit, and six day limit (on the sabbath slave are freed from work). Regarding women, only a father can sell his daughter, a stranger cannot, this prevents trafficking in women.  If the buyer doesn’t marry her, she is free, again this prevents trafficking.  But another covenantial step was taken regarding slavery, the Rabbis added restriction of hours, and comforts. They removed economic incentives.  The Rabbinic ketubah guarantees money in case of divorce. How does married life look if woman is afraid to be kicked out and destitute? The ketubah creates and equal relationship in the marriage.  This is the rabbinic role. Tikkun Olam

Best guarantee for a good loving marriage is a communal property law! So the rabbis pushed things toward a more ideal state.

But, if you can’t get there, so what to do? You have children, or teach other people’s children.  You pass on the covenantial responsibility. You convince the next generation to take on the task.

Devarim 29:  Losing Moses is a crisis. Nitzavim lists from the elite to the marginal member of the nation. They are entering the covenant. Covenant is not a one time event. “But with those who are not with us here this day.”  i.e. us! Not that our souls were really there back then but that we need to make the covenant now again in this generation. The verse is not saying that we were actually there, but that we can be there again now by reaffirming this covenant in this, the next generation. And by passing it on.

Kaddish, God’s kingdom will be established, that is universal equality.  So kaddish is a summery of all Judaism. The journey toward the ideal society. But why is it a prayer for the dead.  In my life I expected to complete the task.  But I didn’t. My life was a failure.  It was all useless.  But the answer is, no, it was not a failure if first of all I did as much as I could to move us toward goal, but also if I found someone to continue the task.  The one saying the kaddish is my continuation. He has taken up the mantle of covenantial responsibility. That my be my son or my student. Believing that I have to complete the journey means I am saying those others out there are jerks and won’t do it.  Have some trust in others, you are not the only one who has a vision of a better world. Depend on them, even on the future people you have never met. Respect other people’s capacities.  Covenant, the task, is open to future generations.

Joshua 24: My neighbors are saying that the only way to get a good crop is the worship Baal.  Maybe they do get better crops, I am tempted.  So Joshua recounts Jewish history. This is the journey. Verse 13: You inherited towns, you relied on the previous generation.  Now you must chose to take on the covenant.  Make a choice. Continue work of your predecessors.

Skip 800 years forward.  Coming back from the Exile in Babylon, the nation celebrated sukkot, Nehemia 9:6. Why does Nehemia open with ‘God created all’? To embrace the entire story, not just the Jewish people, but all of creation. The human being is seen as a partner with God.  We will complete the ideal started in create.  We are part of humanities journey, and we have our own journey as well.

Nehemia 10:32, God never gave up on us, now write down covenant.  And all signed it.  Sense the journey journey. I as a Jew experience that I am carrying on a journey, the rituals are not the goal, but are signs of a covenantial life.  I am doing my stretch of the journey. I am carrying on, doing my part.

Covenant respects people and helps them grow   This covenant is not static. It is attuned to the capacities of the people (ref. Guide of the Perplexed 3:32).  When the people’s capacity changes, the rule, the roles of the covenant change. After 1800 years, the people are a capable of higher level of participation.  For example, the Biblical God who intervenes , send miracles is no more. There is no longer a open God. God becomes more hidden.  A self limited God, referred to as the shchina, can be closer to the individual. The term shchina is not found in the Tanach. It is more feminine, mothering.  Now you can meet God in your home. Any meal can bring the shchina to you.  When you visit the sick, the shchina is there at the head of the bed. When making love, when feeding the poor, praying, shchina is there.  There is no more prophecy, but we can speak to God now. He is closer to us.

How can we know what God wants from us? Study, use our minds. We can look at the past record of God’s communication and interpret. That means it has many levels of meaning,  we can uncover meanings that are uniquely for us.  How else can we use are minds? We can use past advice from the Bible and apply it differently. The ketuba of old was meant to ensure women’s dignity in marriage by putting them on a firm financial standing. How can we ensure women’s dignity right now? How can we draw an analogy?  Maybe a halachic prenuptial.  Maybe with greater equality in communal decision making, leadership roles. We can study God directly, but we can also study the past behavior of covenantial community, look to the goals they sought and apply their thinking to our times.

Blu says equality does not mean identical function.

We are now in another zimzum. God is completely hidden. We are completely responsible.  There are dangers and opportunities in this.

The journey is an unfinished journey.  Celebrate not just that journey, but that it continues and that I am taking responsibility to be a part of it. This is sobering, but the consolation is that just as there are setbacks there are gains. Sukkot is the holiday of happiness.  This is not a simple-minded glee, but happiness that comes from the fulfillment I get out of being a part of this journey and task.

The Exodus pattern: the 10 commandments are the basis of our relationship.  “I am the Lord, God who took you out of Egypt.”  Exodus is a core teaching.  What us the historicity of the Exodus?  If believe it never happened, how can I live through it, by it? We cannot predicate the Torah’s authority on its historicity. Creation too is not scientific. But the story is shaped by our capacity to hear.  Moses at Rabbi Akiva’s beit medrash.  It is a paradox. The revelation was there all the time.  R. Akiva created a receiver that could capture it. So the story is not a story of history, but a story of narrative. Existence is bigger than we are.  We are the latest show on that stage.  But we can join in and use our godlike capacities. Do it because you understand why God wants this, not because simply because God’s will in absolute morality. If we keep the Torah because God says to, you remove your personal responsibility. This is the danger of appeal to Torah on the grounds of absolute morality.

(This a very soft sell of halacha, merely as a sign of covenant. A Reform Jew can also be part of this kind of covenant.  This is unlike a hard sell that ethics can only be based on an absolute, the will of God.  That is an all or nothing approach.)

Yom Kippur: In Mathematics We Find Forgiveness

02 Thursday Oct 2014

Posted by ndanzig in Holidays

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Jewish Holidays, Maimonides, tshuva, yom kippur

There are no guilty men in prison. So it is said. No person considers himself to be a bad person. He thinks, ‘Even if I did something wrong once, I am still basically a good person.  And when you look at all the circumstances, you will see that I had no choice, so I am not to blame.’  This feeling is, fundamentally, essential for self-preservation. No one can last long thinking he is a downright evil guy. But a person’s healthy positive self-image should not blind him to his own wrong doings. But it does tend to, so it is necessary to investigate deeply and find one’s wrong doings.

But this investigation is only useful if it helps you to change. If you won’t change anyway, then better not to bother.  And so, in Maimonides’ description of repentance along with recounting one’s sins goes the resolve to change, tshuva. In fact, there are 4 elements, remorse for the past errors, restitution where needed, commitment not to repeat them in the future, and the verbalization of all them. In other words, you must list, out loud, all your past wrong doings and you must state your commitment not to do the anymore. Verbalizing your commitment makes it more real and more binding. And by repeating this often, you reinforce your commitment.  So like an AA member, a Jew should recommit himself to his new path, yearly, monthly, even daily. He should go over his past sins, remind himself of the harm he caused, remorse and resolve again never to repeat them.  This is called Cheshbon HaNefesh, literally, the mathematics of the soul, or to give a more useful translation, an accounting of the soul.

People often think of big sins and small sins.  I may do some things wrong, but the big stuff, the Ten Commandments, that stuff I do keep.  This is another way of feeling good about yourself.  You turn all your sins into trivial matters but the elusive, illusionary big stuff you keep.  What that big stuff really is, your are not sure.  But you keep it, or at least you think you keep it.  Maimonides provides a method for determining what the Torah considers to be something big or something little (or in between), and he describes how each is forgiven.  And so we reach some more soul math:

  1. If a person violates a positive command which is not punishable by premature death, he is forgiven at the moment he repents.
  2. If a person violates a prohibition which is not punishable by death, he is forgiven on the Yom Kippur following his repentance.
  3. If a person violates a law which is punishable by death, he must repent, live through a Yom Kippur, and endure suffering in this world to be forgiven.
  4. If a person sinned and desecrated Gods name in so doing, he must do the above, but he is not forgiven until he dies.

Always in this list, there must be repentance, whether big sin or little.  And so nothing can be left out of the Cheshbon HaNefesh, nothing can be trivialized.  But why exactly is Yom Kippur pushed into the equation? What does Yom Kippur do for us?  Is it just an arbitrary time frame to see if the person does not go back to his wrong ways? Perhaps.  Or maybe it just an appendix left over from a time when it was really used.

Let’s ask, ‘Can a person ever be forgiven without repenting?’  Yes …kind of.  The scapegoat, sent to the desert on Yom Kippur would atone for case 2 above without the person having to repent.  But that is because the High Priest in the Temple repented the sins of all the Jews before he took the goat out to the desert.  So the individual didn’t need to repent, but there did need to be a kind of surrogate repentance. Today without a Temple, the Jew must verbally repent his sins to be forgiven, and by doing this on Yom Kippur he gains atonement for case 2 and possible case 3 sins (what Jew hasn’t suffered a little?)  Let’s not think about case 4. In the past, Yom Kippur served an essential role for atonement.  Today, without a high priest, we must take a more active role in our own gaining forgiveness. As the mussaf prayer recounts the procedures the High Priest followed, we should put ourselves in his shoes, or rather, his bare feet.

It is worth noting that the High Priest could not possible have listed every particular sin each Jew committed.  He must have only listed general categories of sins, and this too worked.  This is the source for the current practice in the Yom Kippur prayer of confessing the acrostic list of categories of sin, Al Chet.  Like the High Priest, we can minimally fulfill our obligation to recount our particular sins by stating all their categories.

Math has its beginnings in counting. What role does counting, enumerating, recounting our sins have?  I once showed my resume to a friend.  He pointed out that I need to give numbers to things.  How many people did I mange, how many servers did I administer. Giving numbers gives a clearer idea of what is going on.  People might think they did nothing wrong, or worse they might think they did innumerable things wrong.  By counting our deeds, and putting a number on them, it brings us down to Earth. We see that the wrong things are not innumerable.  And suddenly we can fix them.  When we have a vague feeling of some things out there that we did, we can’t assess them and they start to seem larger than they are.  Counting makes our mission doable.

Repentance: The 614th Commandment

21 Sunday Sep 2014

Posted by ndanzig in Holidays

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Maimonides, Mishne Torah, Rambam, repentance, Rosh HaShana, tshuva

It always bothers me when I read the first sentence of the Laws of Repentance from Maimonides’ Mishne Torah. He writes there the following (my translation):

Regarding all the mitzvoth of the Torah, whether positive or negative, if someone violates any one of them, whether intentionally or accidentally, when he repents and ceases sinning, he must confess his sins before God … this confessing is a positive commandment.

What is strange about his description is that we would expect Maimonides to write that repenting itself is a mitzvah. But by writing “when he repents” Maimonides seems to be saying that if a person should happen to repent then he gets to do the mitzvah of confession. So is a person required to repent in the first place?

Maimonides uses the word “when” not “if” so that seems to imply a person is expected, even required to repent from his sins. Still this is a pretty vague way of commanding people to repent. And when it comes to counting mitzvoth, Maimonides only considers the act of confession to be a mitzvah, not the actual repentance. He titles this section of his book, Laws of Repentance, but does not consider repentance to be a law!

So if there is no commandment to repent but there is nevertheless a requirement to repent, what is the source of this requirement? Usually when a person has a job, his employer has certain expectation of his employee that may be communicated orally or in writing. For example, Come on time, Don’t use social media on work time, Work on your assignments. If the employee comes late or does not do his assignments, the employer should not have to tell the worker to to stop coming late or stop neglecting his work. The expectation to cease breaking the rules is subsumed within each
work rule. The employer does not say, And if you break any of these rules, stop breaking them! That is the meaning of the rules themselves.

Similarly each Torah laws contains within it the obligation to stop violating it, that is what a law is. If the Torah says eat kosher food, then the Torah is saying to stop eating that cheese burger. So the concept of repentance, tshuva , is concomitant to any law system and there cannot be a separate law prohibiting the violation the law. So too, there cannot be a mitzvah that we must keep the Torah. It is a logical redundancy.

That is the reason Maimonides does not count tshuva as a commandment but nevertheless assumes there is a requirement to do tshuva. The only mitzvah left to actually count is the act of confession. Maimonides considers this act to be crucial. Without expressing one’s commitment in words, a person will begin to view his commitment as ephemeral and will begin to create excuses for his laxity. Tshuva itself is part of every law of the Torah.

Nitzavim Kids – Stand Tall

18 Thursday Sep 2014

Posted by ndanzig in Parsha for Kids

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bible, chumash, nitzavim

Do you ever stand together with your class in school?  Or maybe at assemblies? How do you feel at those times? When I am standing together with a group doing something or saying something together I feel very connected to everyone in the group. I feel like they are all my friends. Maybe I feel connected because there are no desks and chairs separating us. Connected because I can move around and be near someone I am not normally near. In this weeks parsha, Moshe had all the Jewish people stand together. We can only imagine how they must of felt in that huge group standing together.

And what were they doing? They were all promising to Moshe that they would keep the Torah.  Moshe wanted everyone to stand together and shout out all at once that they promised to always keep the Torah.  He wanted them to stand so that they would feel like one nation and one person. They should feel connected to each other.  And that is also why he brought together not just the adults but also the children. All Jewish people no matter their age are part of the Jewish nation.  Moshe wanted the whole nation with one heart like one person to promise to keep God’s Torah because he knew that he was going to die soon and would not be there anymore to remind the people to keep the Torah. Only their promise would be left to remind them.

Has someone ever promised you something or told you that if you do something he will do something for you – and then he did not do what he said he would?  A person can feel pretty angry and frustrated when that happens. Your brother promised to play Legos with you if you would play checkers with him first.  And then after the game, he decided not to play Legos with you.  You were excited to play Legos with your brother and now you feel cheated.  It is not fair. Promises must be kept.  So you get angry and tell him you are never going to play with him again.  And you are still sad. So it did not really help. But since we know how bad we feel when people break promises to us, we should always keep our promises to others.

I bless you and me that we should always keep our promises – our promises to each other, our promises to God –  our promises to ourselves.

Shabbat Shalom

-Nachum

Nitzavim – I Swear!

16 Tuesday Sep 2014

Posted by ndanzig in Parsha

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bible, chumash, Deuteronomy, nitzavim, oaths, parsha, parshat shavua, shem mishmuel, torah

The Land of Israel is in sight and the nation is about to enter and conquer it.  Moses and the people know this mean that Moses must die very soon. And so Moses is giving his last speech to the nation to encourage them to keep the commandments when he will no longer be around. The speech begins with Moses saying, “Today you are all standing before God your Lord… You are thus being brought into the covenant of God your Lord, and [accepting] the dread oath that he is making with you today.”(D 29:9-11)  The word used to mean “standing” is nitzavim.  This is not the normal way to say standing.  The normal word would be omdim.  And in fact, this word is use later, in verse 14 . So why does Moses use this unusual word here to tell the people they are standing before him?

And there is even a more essential question that needs to be answered, there have been several previous events where a covenant was made between God and the Jewish people (not counting the pacts between God and the forefathers), why the need to do this again?  There was the communal pact of the Pascal Lamb in which blood was use as a sign of the pact. There was the pact at mount Sinai.  And now there is this pact which is referred to as brit arvot moav. What is it’s purpose? It cannot be a pact to keep the commandments, that was already done at mount Sinai. And our being His people was already established with the Pascal Lamb. Commenting on verse 12, Rashi offers an answer to this question:

‘He will be your God’: He spoke with you and swore to your forefathers that He would not exchange their progeny with another nation, therefore He makes you take these oaths so that you do not provoke Him to anger [knowing] that He is not able to abandon you. This is the literal explanation. In the Midrash it is asked, why is this section subsequent to the curses? Because the Israelites heard 98 curses (not counting the 49 in Leviticus)  they turned pale, saying ‘who can withstand these [curses]?’ So Moses began to comfort them:  You are standing today even though many times you have angered Him. He has not destroyed you. You still exist before Him. [So too in the future if you anger him, you will survive.] – Rashi

The Jews’ covenant with God that has now gone through 3 phases and intensifications is an unusual pact.  Even if the Jews break their side, God will never leave them for another nation.  They might take advantage of this situation and ignore their side of the agreement knowing full well they will face no consequences.  Hence the preceding curses and blessing are integrally tied into to this pact. Since God cannot throw them out, and He is stuck with them, He makes the Jewish people swear not to violate his covenant.

But what use is an oath? The Jewish people already agreed to the covenant. What extra purpose does the oath to keep the covenant serve? Why should  a person obey his own oath more than the original agreement to the covenant? And what is the meaning of the Midrash that Rashi also mentions? If Moses is pronouncing all these curses to scare the Jewish people into keeping the covenant, why after achieving the intended emotional  reaction would he comfort them and tell them they will survive?  He wants to frighten them into keeping the laws.  Leave them scared!

The intent of the curses was not to scare the people but was an expression of their own commitment to the laws. Rabbi Shmuel Bornsztain in his book Shem MiShmuel explains what is the purpose and meaning of an oath. When a person experiences an extraordinary event he can gain new clarity about his life and his behavior. For example a smoker may visit the cancer ward of a hospital and see the patients dying from lung cancer and suffering terribly.  He then resolves to never smoke again.  He throws away his cigarettes.  He rushes home and throws away all his packs of cigarettes.  He tells his neighbors to never give him a cigarette.  He calls all the shops in town and tells them not to sell him any more cigarettes again. But several hours pass and the shock of the experience begins to wear off and his desire for a cigarette increases until at last he goes to his neighbor and ask for a cigarette.  The neighbor says, I can’t give you a cigarette, you yourself told me not to.  The smoker responds, Yes, that was 5 hours ago and now I am telling you to give me a cigarette! Do my previous words have any more weight than my current words?  Rabbi Bornsztain says Yes, they do!

The smoker had clarity of the truth and knew that some time later this clarity would wear off.  He took every precaution to ensure he would keep his commitment. In the Torah this is done by swearing an oath. In so doing, one creates a certain level of commitment that can outweigh future views and opinions. Rabbi Bornsztain compares this to the oath of marriage. You are dating someone and at a certain point you realize all your thoughts are only about them and you want to be with them always – you are in love.  So you commit yourself to this person through marriage.  Much later an outside viewer might not see any signs of love. But you know that there is a deeper you, from an earlier time that was truly committed. So even now you are love.  If you could penetrate to that previous level, you would see it. Your oath of marriage is the reminder of your true feeling even if they are not visible now.

The law in the Torah of nazir, neder and shavua are legal structures which are founded on this principle. Why is there an oath at all? If I feel strongly now I will probably feel strongly next year too. And if I don’t feel strongly next year, why should I commit myself now? Because you know that now you have a special insight that might not last till next year.  You use the oath to tell your future self that your past level of commitment outweighs any future opinions.  This same concept can be applied to a nation and its future generations.

As long as Moses was alive, the Jewish people had a high level of clarity of God and their responsibilities to Him. They knew that with Moses’ death their clarity would fade. Therefore they took these oaths to create a level of commitment that would stand for them in all future times, even when that clarity fades.  This it the reason for the use of the word nitzavim instead of omdim. Nitzavim is related to the word matzeiva,  monument.  The monument is a constant reminder of some great event or person from the past.  Even if today we don’t remember how great that event or person was, when we see the monument we realize that it must have been very significant if they built this monument.  The standing of the Jewish people here was to create a similar monument by means of taking an oath. In this way, future generations should know that at one time the presence of God was clear and that the nation’s level of commitment to Him was without fault.  Even if today we do not readily see this commitment the oaths remind us that on a very basic level we are committed to God.

The people’s fear of the oaths was a fear that perhaps future generations would be so far removed from the events that the oath would not serve its purpose and the curses would crush the people.  To this Moses comforted them and responded that the current generation is just as much lower than the preceding generation as any future generation will be lower than they are. Just as the current generation is far removed from the actual generation that left Egypt and experienced that high level of awareness of God that was a result of being involved in the great miracles first hand and yet, they are still here and committed to God, so will any future generation be committed to God.


A similar clarity and oath followed the Flood.  After such a great event, Noah committed himself to keep for himself and all future generations the 7 Noahide Laws.  The monument to remind us of that commitment from a state of intense clarity is the rainbow.

 

Nachum Danzig

BeHa’alotcha – The Secret of the Manna

14 Sunday Sep 2014

Posted by ndanzig in Parsha

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Rambam tells us (1) of three approaches to understanding the Midrashim of the Rabbis. The first approach is to take them as literally true, believing them fully even in spite of any incongruence or impossibilities. The second approach, too, takes them literally, but rejects them when they contradict reason or science. The first approach is common among the religiously faithful community, while the second typifies the non-believing public. But Rambam favors a third approach. Realizing that the Rabbis were very wise, he says one should not take their words literally; but instead one should interpret any incongruence or scientific impossibilities found in their word as metaphors for deeper, more abstract concepts.

A classic example of this may be found in the description of the manna. The Sages describe the manna as a miraculous food. (2) It had any taste its consumer wished. It came from heaven to each man’s door, or further away if he sinned. It was exactly the right amount for each person, and it left no residue in the body such that there was no need to expel waste. Observant Jews take this in its literal sense. Alternatively, there have been various attempts by modern scientists to try to identify a plant in the desert fitting these descriptions. This endeavor may be of some interest, but we must ask ourselves, how would Rambam want us to read these explanations? Surely, we are meant to find a deeper meaning.

The latter half of parshat beha’aholtekha provides some clues to this deeper meaning of the manna.

In verse 11:4 the marginal element among the Jews “lusted a lust” and began to complain. Rabbi Meir Simcha of Dvinsk in his classic text, Meshech Chochmah (3) asks what does it mean to “lust a lust”? Before we answer this let us look at verse 11:5. Here the Israelites go on to complain that they remember the free fish they enjoyed in Egypt. Yet as Rashi points out, nothing in Egypt was free. So what did the Jews mean? Rashi states that they really meant they wanted to be free from mitzvot. Rabbi Meir Simcha explains that since fish needs no special laws to eat it, such as shechitah, it was unencumbered, “free” food. So their lust for meat was a desire to eat meat like they used to eat fish – easily, with no mitzvah or spiritual element. In their complaint against the manna, the Israelites say, (verse 11:6) “ein kol”, there is nothing there. Meaning, this food doesn’t go through the ordinary digestive process – it has no residue. (4) And this is precisely what they disliked; they wanted to eat normally. The Torah then in verse 11:7-8 explains how great manna was, tasting like “leshad hashemen,” a fried sweet dough (Rashi).

But this physical description is countered by the Talmud’s metaphysical description of the taste of the manna. The Talmud points out that for evil people the manna was troublesome. The taste is dependent on ones spiritual level. How could this be? Rabbi Meir Simcha explains that although we may try to describe the manna, we cannot succeed. It is similar to Rambam’s explanation regarding the impossibility of understanding heaven, which is non-physical, as long as we live steeped in a physical world; this being like trying to explain colors to a person blind from birth. The manna having a taste dependent on your spiritual level is a metaphor meaning that eating the manna was a spiritual experience of pleasure, not a normal taste. It is as though the soul’s taste buds tasted it. But it was not a physical food as we understand food. In the same way that with a number of people listening to the same music, some may like it and others won’t. The music is the same; one just has to develop sensitivity to it. By complaining that they didn’t like the taste of the manna, the Israelites were in fact complaining that they were not spiritually ready for it and wanted to be left at a lower spiritual plane.

Just as learning Torah is pleasurable only if you are ready for it, so too the manna needed spiritual readiness to be enjoyed. And in fact, those who appreciated Torah appreciated manna. Let us elaborate on this comparison. In whose merit did the Israelites receive the manna? Aaron brought protective clouds, Miriam brought water, and Moshe brought the manna. He also brought the Torah. Eating and loving manna shows ones love of Moshe’s teaching. Rejecting manna is a rejection of his teaching. Rabbi Meir Simcha goes on to explain that normally eating meat develops all types of physical desires, but eating manna, causes the reverse, as one eats it, ones physical desires dissipate. By eating the manna, the Israelites had lost their physical, sensual, desires. It follows then that the Israelites should have lost their desire for meat. Why then did they ask for meat? We must realize that the Israelites did not like this state of affairs. They wanted to redevelop their physical desires. Thus it says they lusted the lust. They wanted to attain once again the lust for physical pleasures. They lusted to have the lust again. They had lost their enjoyment for life and they were not on a high enough spiritual level to find life’s pleasure in Torah. Their request for meat symbolizes their desire to reenter the world of sensual pleasures.

Now we can understand Moshe’s harsh reaction starting at verse 11, where he says: “Did I give birth to these people so that I have to support them physically? Where should I get enough meat?” We might ask, what kind of a question is this? Of course G-d can provide Moshe with meat. But we must realize that Moshe is expressing the difference between being rabbenu (teacher) and not being avinu (father). Avinu is an eternal relationship – your child is always yours. But this is not so with a teacher. Moshe is the nation’s teacher, and the moment the gap is too great, the people can no longer be his disciples, and Moshe ceases to be their leader. Rejecting the manna and opting for a more physical existence is rejecting Moshe.

This explains G-d’s reply to Moshe’s complaint. G-d tells Moshe he must choose a Sanhedrin of 70 elders (verses 11:16-18). On first sight this makes no sense. Will the elders be in charge of acquiring, collecting and distributing meat? It doesn’t seem so. Once we realize that the real issue is not manna, but Moshe as leader we can understand it. The gap between Moshe’s high level and the nation’s low level is filled by the Sanhedrin. By Moshe saying, I cannot give them meat, he means I am not a physical leader, I cannot provide physical food. I can only be a spiritual leader.

Now, when the Sanhedrin was chosen, they received a prophetic experience – just like Moshe. But two people, who despite their prophetic state, would not join the Sanhedrin. They were Eldad and Medad. But they did reveal their prophecy to Joshua. Moshe will die and Joshua will bring people into land. Moshe is not bothered by this prophecy, but Joshua is. What is the meaning of the timing of this prophecy here? Moshe can no longer be their leader. His inability to take them into Eretz Yisrael is further proof of that. The gap between leader and nation is too wide. The gap was caused by many failings of the people, such as their complaint, after leaving the sea of reeds, that they want water; their sigh of relief after revelation at Mount Sinai; their worshiping the golden calf; and finally their request for meat. At the moment of Matan Torah there was the closeness of teacher and student, and, had it lasted, Moshe would have been able to lead the people into the land. Thus, even the prophecy relates to the issue of Moshe as leader, and the inability of the nation to be at the level of the manna which represents a spiritual existence.

Chapter 12 may at first seem unrelated to the preceding chapter. Miriam and Aaron criticize Moshe for not having normal marital relations with his wife. All the other prophets need not separate from their wives, but Moshe does. Normal prophets are attached to their bodies; their bodies are not prophetic bodies, so they can have relations. But Moshe was in a constant state of prophecy and marital relations would disturb that state. Miriam’s critique was not simply aimed at Moshe’s behavior with his wife. She was telling him that while it is true that there must be a gap between teacher and disciple, or else there can be no real education, the gap cannot be too wide.

There are two ways to close a gap – either to raise up the nation, or to lower Moshe. Miriam’s advice was essentially that Moshe should talk down on the level of the nation. She wanted Moshe to remain leader even if it meant he would have to come down from his level. This is the meaning of Miriam’s advice that Moshe be with his wife; he should become a physical leader. The only problem with this is that G-d says that Moshe was in such a high state that it was impossible for him to lower himself. Either the nation must elevate itself or an intermediary must be found: the Sanhedrin.

Thus we see a common thread unifying the parshah: the rejection of the manna, the establishment of the Sanhedrin, and the prophecy that Moshe won’t bring the Jewish people into the Land, all point to the people’s inability to be the disciples of Moshe. The manna is the symbol of Moshe’s Torah teachings and a metaphor for the spiritual life. In this light we can understand the seemingly bizarre statements in Midrash Rabba. When it says that the manna has any taste its consumer wishes, it may mean that Torah needs to be adjusted to the needs of the student, and that each student will discover something uniquely his own in the Torah. That the manna comes from heaven to each man’s door, or further away if he sins indicates that the Torah, like the manna, is a Divine gift, which is difficult to obtain without spiritual purity and readiness and Divine help. Using Rambam’s principle of searching out the hidden meaning of obscure rabbinic statements, we have hopefully uncovered gems of wisdom hidden in the Torah.

Rabbi Nachum Danzig, JCT alumnus, teaches in the Overseas Student Division.
SOURCES

(1) Rambam, Commentary to the Mishnah, Sanhedrin 10, Introduction .
(2) Yoma 75a.
(3) Meshekh Chokhmah Numbers 11:4 (Vol.2 p.80-81in Copperman Ed.)
(4) Yoma 75b.

 

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