Recovering Jewish Spirituality in Our Synagogues

When one takes a gaze at the Jewish horizon, one gets the distinct impression that many synagogues find themselves confronted by a spiritual problem they can scarcely understand—much less articulate: Irrelevance. Judaism may someday die—not by genocides—but by apathy. Yes, as rabbis we love to sermonize about Israel, political concerns, and a host of other miscellaneous topics ad nauseam, but we feel too embarrassed to talk, or engage one another about one of the most important issues of our time: recovering Jewish spirituality.

The obstacles are daunting.

For one thing, talking about God exposes our prepubescence. Can a sophisticated and educated person who is schooled in science still believe in God? Some of us also feel awkward about our ambivalence. Didn’t Feuerbach, Freud, and Marx convince us that God is nothing more but a human projection? Didn’t Rabbi Mordechai Kaplan tell us that God is anything but “personal”? Yes, history also gives us pause to wonder. God poses a mighty problem for those of us who remember Auschwitz and Rwanda, or the legion of Jihadists, who delight in destroying innocent lives in the name of Allah. Although we speak about the great miracles of the biblical past, e.g., the splitting of the Red Sea, we find ourselves cynically asking, “What have you done for us lately, God?” Maybe as a result of our collective suffering as a people, it is too hard for us to imagine God as “personal.”

Any close brush with evil makes it exceedingly difficult to talk about faith. Martin Buber asked poignantly:

  • In this our time, one asks again and again: how is a Jewish life still possible after Auschwitz? I would like to frame this question more correctly: how is a life with God still possible in a time in which there is an Auschwitz? The estrangement has become too cruel, the hiddenness too deep. One can still “believe” in a God who allowed those things to happen, but how can one still speak to Him? Can one still hear His word? Can one still, as an individual and a people, enter at all in a dialogical relationship with Him? Can one still call on Him? Dare we recommend to the survivors of Auschwitz, the Jobs of the gas chambers: “Call on Him, for He is kind, for His mercy endureth forever?”[1]

Jewish tradition teaches us that anyone who lives in a cemetery could be considered insane according to mishnaic law.[2] I often wonder whether we have lost our sanity since Auschwitz. Nevertheless, the rabbinic proscription against sleeping in a cemetery ought to make us wonder: Is it possible that our concepts of God and the Bible might have been flawed to begin with? A friend of mine who is a large publisher of Jewish books confided with me, “Michael Leo, I cannot believe in a rabbi who does not believe in miracles.” In my usual Socratic style, I asked him, “Will you define for me, what you mean by ‘miracle’?”

We are so used to Hollywood defining what “miracles” are supposed to be–supernatural violations of natural law; as a result, we fail to consider the obvious. Miracle comes from the Latin miraculum “object of wonder,” and when we see something that awakens within us a sense of wonder, we experience the miraculous. From the religious perspective, the continuous survival of the Jewish people continues to surprise the world. When you consider the enemies that we have faced and out-survived, that too is a miracle. When one considers that the Jewish people bear witness to the reality of ethical monotheism despite the countless attempts of our enemies to destroy us, I am dwarfed by miracles.

There are no easy answers as to why bad things happen to good people, yet the continued existence of the Jewish people seems to point to something very majestic and profound—the God of history. Miracles are subtle. If a miracle can be subtle, I believe God is also subtle. Our childish images of Big Daddy God doing it all for us helpless fools, is passé—God is, for me, the Power that is giving shape to a good world. However, we are also God’s co-partners in Creation. Human generated evil would never be possible if we didn’t allow it to happen.  In my opinion, before we start pointing fingers at God, we need to start taking a sober look at our abdication as God’s shepherds and rescuers.

Lastly, when discussing spirituality, it is important to understand its Hebraic usage in the Torah and Tanakh. To be begin with, the “Spirit of God” רוּחַ אֱלֹהִים  (rûah ´élöhîm) mentioned in Genesis 1:2 describes  רוּחַ as the life-breath and life-principle that transforms the chaos of creation into a cosmos. In theological terms, רוּחַ alludes to the most profound dimension that converts, liberates, and sublimates human existence. In practical terms, when we embrace this aspect of spirit within our being—we can transform even the darkest forces of chaos into an orderly cosmos that exist in our world. This has been our task as God’s witness in history. Isn’t about time we start learning to get in touch with this profound dimension of our life that can improve and transform our earthly and spiritual existence?

** Continue Reading

In Praise of Brit Milah (Ritual Circumcision)

For over the last 2300 years, the subject of circumcision has always been controversial. When one considers the latest attempts to ban circumcision, one can see the subject will continue to awaken strong emotions in people—Jews and non-Jews alike.

Freudian analysis would probably suggest that the fear of circumcision stems from what Freud dubbed as “the castration complex.” The fear of castration is primal for many men in all cultures; for this reason, the men in primitive societies wear loincloths because this part of the male anatomy leaves the male exposed and vulnerable. Since the beginning of human history, men have focused upon the symbol of their virility—the phallus. Even today, the pharmaceutical industry has invested billions of dollars in creating new drugs designed to enhance male virility. When seen from this perspective, the anti-circumcision crowd’s neurotic behavior is quite understandable.

Anthropologists and historians of religion refer to this obsession with the penis as “phallic worship” and it seems to me that the worship of this male organ of potency is still very much alive in liberal cities around the globe.

After Alexander conquered the Western world, one of the new innovations he introduced to his conquered peoples was the gymnasium, which derives from the Greek word γυμνάζω gumnázō, “to train naked.” Greek athletes extolled the beauty of the male body, and when young Jewish men became interested in the gymnasium, they suddenly felt very uneasy and embarrassed about being circumcised.

Josephus records how two assimilated Jews, Menelaus and the sons of Tobias, went to King Antiochus and informed him of their desire to embrace Hellenism and wanted to build a gymnasium in Jerusalem, “And when he had given them leave they also hid the circumcision of their genitals, that even when they were naked they might appear to be Greeks.

Accordingly, they left off all the customs that belonged to their own country, and imitated the practices of the other nations” (Antiquities, 12:239-241). Another ancient text adds that Antiochus criminalized the act of circumcision and remained determined to prohibit its practice for good (1 Macc. 1:48, 60, 2:46). Note also that the worst enemies of the Jews have almost invariably been Jews who have utilized gentiles to combat Jewish tradition and continuity.

Evidently, the ancient Jews did not completely remove their foreskin, for it was possible to cut and pull forward the loose skin of the penis (a,k.a., “epispasm”), which in turned gave an artificial appearance of being a partial foreskin. Eventually, rabbinic tradition insisted that more of the foreskin be completely removed so that the Jewish young men would never be able to surgically create the appearance of having a foreskin.

When I pointed this out to some of my congregants and students, they were surprised to hear that the circumcision ritual had changed.

A Rational for Circumcision

Among the explanations given for circumcision, the first century Jewish philosopher explains that there are health benefits to being circumcised; it prevents a bacterial disease known as “carbuncle” and that this disease was much more common among uncircumcised males than those who have gone through the rite of circumcision.

In philosophical terms, Philo then argues that circumcision befits a body that befits a priestly people. Among the Egyptian priests, they too practiced circumcision. The circumcised phallus resembles the human heart—the seat of passions “for the breath contained within the heart is generative of thought processes, and the generative organ itself is productive of living beings.” By the same token, Philo asserts that the foreskin serves as a metaphor for arrogance—the kind of which causes a person to forget about God.[1]

Most importantly, the act of circumcising represents a spiritual act in that it is a visible reminder that a man must learn to keep is libido in check—especially since when human sexuality when left unbridled, it is capable of causing terrible harm in the world. Maimonides too, concurs that circumcision is meant to help curtail the human appetite for sex, since the foreskin is said to add some degree of extra pleasure in the act of coitus. Whether Maimonides’ view is correct is debatable—at least from a medical perspective. Some studies show that the data can support an opposite view, but ultimately sexual satisfaction has a profound psychological dimension and besides, most of my Jewish friends can honestly say the impact is nil.

Numerous medical studies have demonstrated that male circumcision has played a dramatic role in decreasing the risk for HIV transmission. Without going into too much detail, I will mention some of the salient details found in this valuable medical report:

Research proves: Circumcision reduces risk of AIDS

One study conducted in Africa and published more than a year ago has shown that the chances of men who have been circumcised to be infected with HIV during sexual intercourse with a woman carrying the virus are 70 percent lower than that of men who have not been circumcised. A different study held in Uganda revealed that circumcision also protects women from being infected with AIDS. According to the research findings, the chances of partners of men who have been circumcised and infected with the HIV virus to be infected are 30 percent lower than the chances of partners of men who have not been circumcised.

It hardly gets the news it deserves, but the world owes Israel a debt of gratitude. In the hills of Swaziland’s capital, you will find Israeli physicians teaching African doctors how to perform adult circumcision. Israel is doing amazing work in combating AIDS.

The United Nations announced last year that the procedure could reduce the rate of HIV transmission by up to 60 percent. It was in Israel, with its experience performing adult male circumcision on a wide scale, that the international medical community found an unlikely partner in the global fight against AIDS.

Israelis have started similar training program in Uganda, Lesotho, Namibia, Kenya and South Africa. Their work is sponsored by the Jerusalem AIDS project and the Hadassah Medical Center, and they hope to recruit surgeons from abroad. The articles reads:

  • · Meanwhile in San Francisco, Don Abramson, a former chairman of American Jewish World Service who has been advocating for the project, said he hopes it will help galvanize Diaspora Jewry to fight one of the world’s biggest problems. One of his ideas is to encourage Jews around the world to donate money to Operation Abraham whenever they attend a bris. “My message to Jewish families is that a bris affirms the Divine covenant relationship with the child, but also demonstrates that their friends and family who care about the child celebrate that the child is healthy enough to have a bris,”[2]

Amen!
[1] Philo, Spec. Laws I 6.

[2] http://nocamels.com/2011/02/israeli-doctors-teach-african-doctors-adult-circumcision-to-reduce-hiv/ See also, http://www.cdc.gov/hiv/resources/factsheets/circumcision.htm#ref8., Ed Schoen, MD on Circumcision (Berkeley, CA: Starbooks Distribution; 2002), 66.


Music & The Jewish Funeral

Picture: Rabbi  Yona Metzger

A question came up recently in my congregation regarding the use of music at a Jewish funeral. The Reform Movement has long permitted the use of music at a Jewish funeral—provided the music does not derive from the Christian liturgy, e.g., Amazing Grace. Most Conservative and all Orthodox synagogues frown upon the use of music at a funeral because they feel it distracts the mourners from mourning. R. Isaac Klein’s book on A Guide to Jewish Practices, says nothing about it, one way or other. However, an argument ex silencio suggests that Rabbi Klein frowned upon this particular practice.

The question is not by any means a new Halachic issue.

About a year ago the Israeli Knesset member Rabbi Hanan Porat died; he was one of the founding members of the Gush Emunim, a religious Zionist organization that is very visible in settling the West Bank. At the rabbi’s funeral, his children sang and played some songs with a guitar that upset Rabbi Yona Metzger, the Chief Rabbi of Israel.  Rabbi Metzger made his opinion known, and is quoted as saying:

  • Rabbi Shlomo Amar and I stared at each other and neither one of us knew what was going on –a band, guitars, children singing … One might think that the people came to attend a wedding! But this was a funeral! I have never heard of this kind of ‘mourning’ before–not in Israel, not in Europe, and I am sure not in Yemen. We have never heard of and never saw such a thing like this.[1]

Actually, I applaud the family’s innovative spirit—and I am sure the spirit of their father did not mind either.

The tradition of music in funerals is well attested in biblical, post-biblical texts, Mishnahic and medieval sources.

In biblical sources, the Hebrew term qînâ (qînôt), is an oral poetic music used for times of national calamity and mourning. The best known example of this kind of singing can be seen in the acrostic style of writing found in Lamentations. Indeed, one of the more extraordinary images of God in the Bible is that of a musician and composer. The prophet Jeremiah depicts God as mourning for Moab, “Hence the wail of flutes for Moab is in my heart; for the men of Kir-heres the wail of flutes is in my heart: the wealth they acquired has perished” (Jer. 48:36 NAB).

In the Gospel of Matthew, Jesus arrives at the ruler’s home and saw the flute players and a crowd making a tumult, he said, “Depart; for the girl is not dead but sleeping ” (Mt 9:23, 24; Mk 5:38, 39). The NT passage suggests that the flute players went to work immediately at the time of death, as well as the time leading to the internment.

Josephus writes that when the news reached Jerusalem of the fall of Jotapata to the Roman armies in 67 C.E., “Most people engaged flute-players to lead their lamentations.” This style of mourning was common throughout the ancient world; Greece, Rome, Phoenicia, Assyria all utilized the flute in times of loss. Roman funeral processions were especially known for being very noisy. Musicians used to lead the way blowing their trumpets, horns and flutes announcing the presence of the corpse.[2]

The wailing of the flute players, the cries of the mourners, the sound of torn garments, was unmistakably common in the cities of ancient Israel. Note that the Jewish mourners had no afterthoughts whether they were emulating the pagan gentiles or not.

In the Mishnah, we also find: רַבִּי יְהוּדָה אוֹמֵר, אֲפִלּוּ עָנִי שֶׁבְּיִשְׂרָאֵל, לֹא יִפְחוֹת מִשְּׁנֵי חֲלִילִים וּמְקוֹנֶנֶת R. Judah says, “Even the poorest man in Israel should not hire fewer than two flutes and one professional wailing woman [for a funeral]” (Ketubbot 4:4). Other Mishnaic sources speak about the use of pipes or flutes as a normal part of the Jewish funerals.[3] The rabbis lifted their prohibitions against women’s voices being heard in public were relaxed for funerary rituals.[4]

Maimonides similarly ruled  almost 1200 years later,”  When a man’s wife dies, he is obligated to bury her and to have eulogies and lamentations performed as is the local custom. Even a poor Jewish man should provide at least two flutes and one woman to lament.“[5]

Why is the music of the flute so special? Maimonides explains that the plaintive melody moves a person to tears at a funeral.[6] The Halachic Codes all acknowledge this custom.[7]

One 14th century classical work on mourning, Kol Bo al Hilchot Aveilut  admits that during the Talmudic period music was part of the funeral, but rejects its reintroduction because it would be as a result of non-Jewish influence—undoubtedly referring to the Christians, who used music in their mourning rites. Some Halachic authorities had no problem with music being played at a funeral–so long as the musicians happened to be Jewish. It is interesting to note that this custom continued in Egypt during the early 19th century.

A very dear friend of the TBS synagogue died this past week. His name was Kurt Sax, and this Viennese Jew loved the Spanish guitar. In honor of his memory, two of his good friends played a couple selections  that Kurt really loved.  I can personally attest that the music was very  meaningful and moving for the family and their friends.

Was it traditional?

Maybe not by Rabbi Yona Metzger’s standards.

However, I will say Rabbi Metzger is right on one point. If a rabbi chooses to pursue such a path, it is important that he remind the people not to applaud, after all–it is a funeral and not a concert.

However, history has allowed this type of musical innovation. I think Jewish law and tradition needs to be less austere and  become innovative, as it once was before.  If Judaism is to be healthy, we must find a way to make our faith more appealing and less hung up on the external forms of Jewish piety.

In other words, it’s time to allow music to liberate the heart that inspires and experiences prayer—in good times and in bad times. Continue Reading

Book Review — Society and Self: On the Writings of Rabbi Joseph B. Soloveitchik

Book Review:

Society and Self: On the Writings of Rabbi Joseph B. Soloveitchik, by Gerald J.(Ya’akov) Blidstein. OU Press, 2012, 155 pages, ISBN-10: 1602802041, U.S. cover price: $25.00

Gerald J. Blidstein’s Society and Self: On the Writings of Rabbi Joseph B. Soloveitchik is an excellent introduction to the thought-provoking ideas of Rav Soloveitchik.

The author presents a clear précis of Rav Soloveitchik’s views on a variety of topics such as:

  • Could Rav. Soloveitchik be considered as a “Religious Zionist”? (Ch. 1)
  • Issues pertaining to Jewish/Gentile and Orthodox/non-Orthodox relationships (Ch. 2)
  • Rav Soloveitchik’s thoughts on faith after the Holocaust and the establishment of Israel (Ch. 3)
  • The theological and existential tension between the individual and the community (Ch. 4)
  • A theology of marriage and its broader implications (Ch. 5)
  • A theology of Rav Soloveitchik’s view on human mortality and mourning (Ch.6)

In the interest of brevity, I will focus on some of the themes that impressed me as a reader.

The subject of relationships is especially relevant for our day. Here is a little bit of background to Rav Soloveitchik’s thought. In his famous theological essay, “The Lonely Man of Faith,” the author writes about the two creation stories found in Genesis 1-2. According to Soloveitchik’s typology, Adam in Genesis 1 is a majestic figure—a being capable of technologically mastering the world around him. However, for his knowledge and intellectual prowess, he is “ontologically incomplete” (p. 80). Although Adam and Eve appear in the first chapter, Adam in Genesis 1 is self-sufficient. In Genesis 2, Adam emerges as a being that discovers the reality of loneliness within his soul. Through the discovery of Eve, Adam “forms the first covenantal community, a community in which God is the third partner.” Moreover, “This community bears an ontological character that is the pattern for the covenantal faith community of Israel.”

As a model for the Divine-human covenantal relationship, marriage demands total commitment and constancy; it is more than a contractual arrangement (p. 112). Soloveitchik argues that the theme of covenant “creates a personal experience that enriches and enhances the lives of two individuals” (p. 113).

(It is a pity neither Blidstein, Kolitz, D. Hartman, Norman Lamm, or others have ever written about Rav Soloveitchik’s attitude about biblical criticism, but that is another topic for a future article.)

Particularly interesting is Rav Soloveitchik’s view of Zionism. Rav Soloveitchik rejected a secular Jewish existence, which he regarded as a betrayal to Jewish destiny (p. 67). Yet, Blidstein also notes that the Rav was highly critical of the Haredi—who, incidentally, never forgave the Rav’s criticism of their movement and theology (p. 21). It is a pity Blidstein did not elaborate more on the Rav’s critique of Haredism.

Unlike the Hassidic Rabbis (Gerer, Chabad, Satmar, Belz) who viewed the founding of Israel as a spiritual catastrophe (for the Jews rejected the Messianic redemption foretold by the prophets and the Sages and opted instead for a secular redemption), Rav Soloveitchik celebrated the rebirth of Israel as “an almost supernatural occurrence” (p. 20). When one considers what the Jews went through with the Holocaust, I am perplexed at how Rav Soloveitchik could say that the founding of Israel is “an almost supernatural occurrence”? (Emphasis added.) When King Cyrus of Persia decided to let the Jews go back and resettle their homeland and rebuild their ancestral Temple, Isaiah minced no words about the amazing turn of events. He exclaims:

Who says to the deep,

“Be dry—I will dry up your rivers”;

Who says of Cyrus, “He is my shepherd,

And he shall carry out all my purpose”;

And who says of Jerusalem, “It shall be rebuilt,”

And of the temple, “Your foundation shall be laid.”

Isaiah 44:24-28

If Cyrus could serve as God’s “Moshiach” (‘Messiah”), why couldn’t President Truman also serve in that providential capacity? It seems to me that Rav Soloveitchik  may have felt reticent to endorse Israel as a supernatural epiphany of God’s Presence  in modern history. The logistics of creating a secular State that is also loyal to Jewish tradition are daunting. The thought of such a feasible reality probably made the Rav choose his words wisely.

Yet, who could deny that Israel is a supernatural miracle of our modern age–especially so soon after the Jewish people’s greatest tragedy–the Holocaust?

Notwithstanding the Rav’s great love for the modern State of Israel, he never visited the country. PM Menachem Begin even offered him the position of Chief Rabbi many times, but he refused to take the position.

What a pity!

In conclusion, on the back cover of the book, Blidstein presents a vital message that sums up Soloveitchik’s view of American Orthodoxy:

  • The Rav is very concerned that Orthodoxy has lost its dignity. He does not mean by this that it is insufficiently formal, nor is he referring to any lack of honor, of ceremonialism. On the contrary, he already discerned, in the early 1960s, that American Jewry had become disillusioned with the ceremonial sheen of organized religion, and that he saw the beginnings of the search for less-established religions. He was referring primarily to an absence of personal spiritual depth and to intellectual decline—tendencies that he saw in the public arena as well. One gets the sense that he regarded American Jewry, and Orthodox Jews in particular, as a spiritually and culturally enervated group, whether compared to the Jews of Western Europe or to those of Eastern Europe. His students were talented and well prepared, but he decried their lack of historical (and religious) rootedness, their personal roughness, and their limited spiritual development . . .”

Blidstein makes an excellent point. As I read this section several times, I found myself reminiscing Simon and Garfunkel’s famous lyric, “Where have you gone, Joe DiMaggio? A nation turns its lonely eyes to you.”

The same thing could just as easily be said about the Rav, “Where have you gone Rav Soloveitchik? A confused frum (religious) world turns its lonely eyes to you.”

Unfortunately, today’s religious world of Haredim resembles Franz Kafka’s famous short story, “The Metamorphosis,” a tale about a man who woke up and discovered he had become a cockroach. Today’s Orthodoxy likewise has changed much since the death of Rav Soloveitchik. Haredism has pushed the Modern Orthodox Jewish community more to the right. In Israel, the Haredi have negated the conversions of Modern Orthodox rabbis, much like they have done with other streams of Judaism.

I doubt whether he would be happy and proud seeing how many of today’s religious Jewish leaders (i.e., the “Gedolim”) lampoon the venerable forms of Jewish piety, painting themselves as fools, fanatics and charlatans for all to see, or read about their hypocrisies on the Internet. One is reminded of the famous Talmudic passage: “King Jannai said to his wife’, ‘Fear not the Pharisees and the non-Pharisees. Beware of the hypocrites who ape the Pharisees; because their deeds are as immoral as Zimri’s; yet, they expect a reward like Phineas” (BT Shabbat 16b).

We can only hope that new leaders from within the ranks of Orthodoxy will someday chart a new course based upon the ethical and theological teachings of Rav Soloveitchik.

I sincerely recommend Gerald J. Blidstein’s Society and Self: On the Writings of Rabbi Joseph B. Soloveitchik. In addition, another excellent introduction to Rav Soloveitchik’s writings is Zvi Kolitz’s Confrontation: The Existential Thought of Rabbi J.B. Soloveitchik (Hoboken, NJ: Ktav, 1993).

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Reviewer: Rabbi Michael Leo Samuel, Rabbi of Temple Beth Shalom in Chula Vista, Author of: Birth and Rebirth Through Genesis: A Timeless Theological Commentary Vol 1. Genesis 1-3 (Aeon, 2010)

Early Rabbinic Perspectives on Capital Punishment

Historically, rabbinic tradition took a dim view of capital punishment. Mishnahic law required that those accused be warned by witnesses immediately before they commit the offense, and that they acknowledge such warning—a clear indication of the rabbinic distaste for capital punishment, explicitly found elsewhere.[1] Life imprisonment did exist for cases that could not technically be legally prosecuted, even though the evidence left no room for doubt[2]; such a person had to subsist on sparse diet of barley bread and water, and the Talmud indicates the criminal usually died from starvation. There may be a Scriptural allusion to this practice: the prisoner was condemned to eat “the bread of misfortune and the water of distress” (Isa. 30:20). Other rabbinic statements make it near impossible to convict the accused villain:

  • R. Yose says, “Under no circumstances is one put to death unless both witnesses against him have given warning to him,” as it is said, ‘At the testimony of two witnesses’ (Deut. 7:6).”[3] He whose trial ended and who fled and was brought back before the same court—they do not reverse the judgment concerning him and retry him. He whose trial ended and who fled and was brought back before the same court—they do not reverse the judgment concerning him and retry him . . . A Sanhedrin which imposes the death penalty once in seven years is called murderous.
  • R. Eleazar b. Azariah says, “Once in seventy years.” R. Tarfon and R. Akiba say, “If we were on a Sanhedrin, no one would ever be put to death.”[4] Rabban Simeon b. Gamaliel says, “So these Sages would multiply the number of murderers in Israel.”[5]

Moreover, the defendant may not be put to death unless two (or in some cases three) eyewitnesses testify against him or her. Each witness must be so certain of his testimony that he personally would be willing to carry out the execution. A passage from Deuteronomy 19:13-21 asserts that a plotting witness is subject to the same punishment as the defendant—including, in all probability, capital punishment. Although the Torah prescribes the death penalty in the case of adolescent rebellion (i.e., “the rebellious son” of Deut. 21:18-21), the Sages admit, “Such a case never occurred, and it never will happen.” They argue that the entire passage is heuristic, so, “That you may study [the Torah for its own sake] and receive reward.” [6]  The rabbinic angst and reticence to implement the death penalty, and its alternative system of imprisonment is of considerable relevance for modern biblical scholars and laity.

Subsequent rabbinical law is pretty straightforward about such cases. Maimonides writes, “The following rules apply when two groups of witnesses present conflicting testimonies. If a witness from one group came together with one witness from a different group and both deliver testimony concerning another matter, the testimony is of no consequence. It is obvious that one of them is lying, but we cannot ascertain which one.”[7]Likewise Maimonides also notes, “Should a court err with regard to a case involving capital punishment and convict an innocent person, ruling that he is guilty, and they discover a rationale that would require that the ruling be nullified and he be vindicated, they nullify the ruling and retry the case. If the Court erroneously ruled and acquitted a person liable to be executed, then the judgment is not nullified and the case is not retried.” [8]

According to the Jerusalem Talmud, one disqualified witness invalidates all other testimonies—regardless of the number of witnesses testifying. [9] If a judge suspects one of the witnesses is actually lying, he cannot render a decision (cf. Isa. 11:3-4). [10] Unlike American civil law that allows known criminals to testify in court against an alleged murderer, rabbinic law prohibits the testimony of criminals because (1) they have zero credibility in rabbinical law and (2) a credible witness cannot join forces with a dishonest witness. [11] Among modern Talmudic scholars, R. Louis Jacobs points out that despite the reticence of rabbis in the Talmud to apply the death penalty, the Sages acknowledged that are a number of important exceptions.

Against all this is the Talmudic statement (Sanhedrin 46a) that as an emergency measure, “when the generation requires it,” a court has the power to “act against the Torah” and to order an execution or other “illegal” physical penalties. In other words, although it is illegal to impose the death penalty, the court can, on rare occasions, act illegally if the aim is to protect the Torah. Naturally, it all depends on the circumstances that would warrant executions without the due process of the law. The statement was never interpreted as meaning that what the Law took away with one hand it gave back with the other.

The German and French communities in the Middle Ages ignored the statement altogether and never imposed the death penalty, not even when circumstances seemed to call for it. Not so in Muslim Spain, where the Gentile authorities gave the Jewish courts a good deal of autonomy. In Spain, albeit on rare occasions, the courts did rely on the Talmudic statement and imposed otherwise illegal penalties such as mutilation (found nowhere in the classical sources) of certain offenders; they also executed offenders such as informers who endangered the community. When Asher ben Yehiel (d. 1327) came from Germany to Toledo in Spain he expressed his horror at the Spanish practice, totally unknown in Germany, although later on, he himself conformed to the Spanish norm.

Continue Reading

When a Hassidic Rebbe visits the Israeli Museum, heads turn!

Karlin-Stolin Rebbe Rabbi Baruch Shochat

Haredim and archaeologists in the Holy Land have never been especially fond of each other. Traditionally, they are a little bit like meat and milk. By themselves, each is fine. However, when they get together, they create a combustive chemistry. Whenever an archeological excavation takes place, they chime in unison:

  • May God erase their names . . .The heads of the Antiquities Authority and the chief archaeologists are sub-human, may their hands be cut off, for committing this terrible crime. In broad daylight they remove graves, disturbing the eternal rest of the dead and remove the bones of our ancestors from their graves…They are responsible for desecrating the graves of our forefathers throughout the Holy Land. Please call them and disturb them, at all hours of the day.”

Yes, the Haredi rhetoric has been intensely vitriolic at times. Therefore, when the head of the Karlin-Stolin Hassidic dynasty went on a museum tour of the Israel Museum, shock-waves were felt all over Israel.

The Karlin-Stolin Rebbe, Rabbi Baruch Shochat, made history that day. He is the first ultra-Orthodox leader to visit the Israel Museum.

Most Hassidic rebbes are not known for their love of art and culture, but Rabbi Shochat is a patron of the arts. In fact, he even encourages his followers to take an interest in the arts–-and especially archaeology. The tour-guide made it a point to show him the Shrine of the Book, where the famous Dead Sea Scrolls are kept along with other significant archaeological findings.

Some Haredi leaders are finally starting to show some interest in a field of study, which for many decades had been off-limits.

Several months ago, the First Haredi conference on “Torah archaeology” held in Jerusalem on September 9th, 2o11 and the event drew a packed audience. The sponsors of the event wanted to demonstrate how archaeology can provide answers to longstanding rabbinical debates that have never been resolved for hundreds of years.

Rabbi Shaul Shimon Deutsch runs a museum that displays artifacts dating back to the time of the Mishnah. Among the items he had recently obtained, was a scale. He poses a question, “How much did the litra (a Talmudic measure) actually weigh? The answer: 354 grams—just as Rashi claimed, but contrary to Maimonides!” That figure comes to about 12.5 ounces.

Metrology has never been my field of expertise, so I decided to check out Rabbi Deutch’s claim that the litra weighed only 354 grams. Actually, there is some debate as how much a litra weighs. Some archaeologists think it weighed 340 grams—contrary to Rashi’s opinion. This figure is based on Josephus’ calculation. [1] Other scholars contend that the Greek λίτρα (lítra) represents both a unit of weight and a unit of capacity equivalent to about 0.5, which correspond to 11.5 oz. or 326 or 327.45 grams (cf. John 12:3).

R. Isadore Epstein, who writes in his notes to the Soncino Talmud that the litra is identical with the Roman libra, which weighed one pound.[2] Steinzaltz in his notes to the Talmud writes that the litra weighed 327 grams. The Artscroll commentary abstains from providing any information; it says a litra is “a measure” and adds no further comment. Upon further research I found that the Alexandrian litra weighed about 363.83g, which actually exceeds Rashi’s figure![3]

This is the main problem of the Haredi attitude regarding archaeological research. All the speakers at this event agree “using ancient artifacts to shed light on religious texts – as long as they don’t undermine the traditional reading of the texts, of course.” Such a reaction only begs the real issue: What if archaeology contradicts the Talmud? What then? Judging by the archeological evidence, Rashi’s position is still questionable. Does this mean Rashi is not infallible?

No, dear reader, no rabbi is infallible–not even Rashi or Maimonides.

It is wonderful to see a change in attitude taking place among certain Haredi groups. When I look back, I think about a famous Hassidic rabbi who refused to accept archeological evidence in solving a classical halachic dispute. Once someone asked the Lubavitcher Rebbe about the shape of the menorah, which existed in the Temple. The man thought that based upon the ancient pictures of the menorah seen in Israel–the menorah should be depicted as U-shaped. “Not so, not so,” insisted the Rebbe. To the surprise of everyone in the room, the Rebbe dismissed the archaeological sources that indicated the menorah was round. Instead, he followed Maimonides’ view who taught the menorah was angular in shape.

Even if Maimonides personally subscribed to such a peculiar view of the menorah, there is no archeological support from the last 2300 years that would even indicate that the Temple menorah ever had a V-shaped geometrical design. All the numerous artifacts unearthed from the time of the Maccabees (e.g., gravestones, coins, amulets etc.) suggests that the branches were U-shaped rather than V-shaped. In one recent archaeological discovery, an ancient synagogue dating back to the Second Temple (50-100 B.C.E.), the walls of the synagogue show  pictures of a seven-branched menorah.

Incidentally, the famous Arch of Titus portrays the menorah as being U-shaped.

Some people do not wish to be confused with the facts. But again, Rabbi Schnersohn was the only rabbinic authority of the modern era who believed that the sun still revolves around the earth—contra Copernicus![4] Rabbi Schnersohn is hardly alone on the matter of science vs. the wisdom of the Torah  Sages. There are still many Haredi rabbis who reject Darwin’s theory of evolution. By the same token, many of these Haredi and Hassidic rabbis believe God actually created the world in six literal days, despite the physical evidence that refutes this antiquated notion.

One of the recent event’s main sponsors, Rabbi Eliahu Soloveitchik, offered some positive words strongly suggest that the Haredi community is gradually moving toward a new orientation regarding the use of science and archaeology in the study of Judaism. When asked what he and his colleagues would do with findings that appear to contradict the Torah, R. Soloveitchik said, “If there are findings that contradict my fundamental beliefs, we’ll let the experts resolve it. The message is that we aren’t afraid of science and can digest it.” R. Soloveitchik is also the founder of Matmonei Eretz, an organization that promotes Haredi study of archaeology and history.

Rabbi Soloveitchik’s approach is commendable. We can only hope that more Haredi Jews and their rabbis will learn to see science and archaeology as an ally instead of a foe.

——-

Notes:

[1] Josephus (Ant 3.6.7 §144 on Exod 25:39) translates Heb kkr as “100 minas” and adds “kinchares is the Hebrew word that means talanton in Greek,” where he is probably thinking about the Roman centarius of 100 “pounds,” but elsewhere (Ant 14.7.1 §106) he relates that Crassus took a bar of gold “of three hundred minas,” noting that “our mina is two and a half litrai.” This litra, usually interpreted as a Roman pound, is probably the “mina” of 100 denarii (≈ 340 g), and 125 such “minas” would be the mass of a Tyrian talent (≈ 42.5 kg), suggesting that the Tyrian talent may have been divided in Josephus’ time into 50 “minas” (340 g × 2.5 × 50 = 42.5 kg). Thus, the “shekel” of NT times probably refers to the Tyrian tetradrachma (so Ben-David 1966). This seems to be based on a “mina” of 100 denarii (100 × 3.4 g), corresponding to the Roman pound plus 4 denarii, divided into 24 parts, yielding a “shekel” of ca. 14.1666 g and a 3,000-shekel talent of ca. 42.5 kg. Thus, Josephus was probably speaking only in approximate terms in identifying the “shekel” with 4 drachmai-denarii (Ant 3.8.2 §195, 18.9.1 §312, JW 7.6.6 §218; likewise Matt 17:24). Anchor Bible Dictionary Vol. 6, (New York: Doubleday, 1996), 907.

[2] BT Nedarim 57b.

[3] Atti dell’Accademia Romanistica Costantiniana, Volume 12 p. 190. Others think it ranged from 322.3 g,-323g.

[4] R. Menachem Mendel Schnersohn, advocated just such a position. Here is an extraordinary letter the Rebbe wrote (September 16, 1968):

  • I am in receipt of your letter of September 10th, in which you touch upon the question of whether the sun revolves around the earth or vice versa, in view of the fact that you heard from a college student that the truth is that the earth revolves around the sun. It greatly surprises me that, according to your letter, the student declared that science has resolved that the earth revolves around the sun. The surprising thing is that a person making such a declaration would be about one half century behind the times insofar as the position of modern science is concerned. This belief is completely refuted by the theory of Relativity, which has been accepted by all scientists as the basis for all the branches of science. One of the basic elements of this theory is that when two bodies in space are in motion relative to one another (actually the theory was initiated on the basis of the movements of stars, planets, the earth, etc.), science declares with absolute certainty that from the scientific point of view both possibilities are equally valid, namely that the earth revolves around the sun, or the sun revolves around the earth. Herman Branover, Joseph Ginsburg, and Menachem Mendel Schnersohn (trans. Arnie Gotfryd) Mind over Matter: The Lubavitcher Rebbe on Science, Technology and Medicine (Jerusalem: Shamir 2003),

The fat cows of Bashan have returned! [revised]

  • Are there any biblical analogies to today’s contemporary economic problems?

Well, sort of . . .

Today’s economic times may be compared to one of the more turbulent periods of the early monarchy, to the time of King Solomon and his son Rehoboam. Most of us know that King Solomon was famous for his wisdom and his love life. Despite purportedly being the “wisest man” of all time, when it came to women—King Solomon proved to be quite foolish. Having one wife to love and cherish wasn’t good enough for the old Testosterum-driven monarch—he had to have a thousand wives. By doing so, he violated a number of biblical prohibitions designed to keep monarchial power in check:

  • But he shall not have a great number of horses; nor shall he make his people go back again to Egypt to acquire them, against the LORD’S warning that you must never go back that way again.Neither shall he have a great number of wives, lest his heart be estranged, nor shall he accumulate a vast amount of silver and gold (Deut 17:16-17)

King Solomon lived the good life, while conscripting the male population to a life of slavery. He used the proceeds to build extravagant palaces for his lovers–all at the public dole. In fact, the biblical narrator writes:

  • King Solomon conscripted thirty thousand workmen from all Israel. He sent them to the Lebanon each month in relays of ten thousand, so that they spent one month in the Lebanon and two months at home. Adoniram was in charge of the draft. Solomon had seventy thousand carriers and eighty thousand stone-cutters in the mountain, in addition to three thousand three hundred overseers, answerable to Solomon’s prefects for the work, oppressing  the people who engaged in the work (1 Kgs. 5:27-28)

King Solomon even recreated an Israelite form of slavery that was reminiscent of the Egyptian bondage. The noun מַס (mas) is usually translated as “levy” but it is sometimes used to denote “taskmaster,” or “forced labor” in Biblical Hebrew. Solomon instituted corvee labor,  which involves involuntary, unpaid labor or other service for a superior power—a feudal lord, a king, or a foreign ruler (cf. Exod. 1:11; Est 10:1; Lam 1:1). One cannot have high expectations of a pagan Pharaoh, who could scarcely recognize or pronounce the God of Israel’s Name.

But Solomon is different.  Surely the “wisest man” of the earth ought to have stronger moral scruples, but he chose to emulate the potentates of the ancient world who ruled by force and despotism.

Solomon’s brutal reign  reminded the Israelites of their historical experiences in Egypt (Exod. 1:11). When the Pharaoh who introduced slavery died, the Israelites hoped that a new Pharaoh would take pity upon them. Instead, the next Pharaoh ruled with even greater vindictiveness. (Exod.2:23). A similar development occurs after the death of Solomon. Seeking to curry favor with Rehoboam, the son of Solomon, the people said to King Rehoboam,“Your father put on us a heavy yoke. If you now lighten the harsh service and the heavy yoke your father imposed on us, we will serve you” (1 Kgs.12:1). The King then takes counsel with his advisers and later proclaims, “My father put on you a heavy yoke, but I will make it heavier. My father beat you with whips, but I will beat you with scorpions” (1 Kgs. 12:14).

Solomon’s reckless economic policies bankrupted the nation and Rehoboam’s foolishness led to the secession of the ten tribes under the leadership of Jeroboam.

Are there modern day parallels to this biblical story?

You betcha!

The real issue that clergy across the religious and political spectrum ought to be critiquing the degree of excess, misappropriation, and willful theft of the American consumer by our governmental leaders—from the President down to the typical bureaucrat. Here are several examples that come to mind.

By now, most of you probably heard about the GSA Las Vegas scandal. The GSA stands for the General Services Administration. Several top executives decided to spend over $800,000 of taxpayer dollars on an extravagant “conference” off of the Las Vegas Strip. What made this story so controversial? Well, the General Services Administration (GSA) was created to, in their words, “streamline the administrative work of the federal government” and it “oversees the business of the U.S. federal government.”

Oh really?

  • $31,000 on a “networking reception” that featured $19-per-person “American artisanal cheese display” and $7,000 in sushi
  • $3,200 on a session with a mind reader
  • $5,600 for in-room parties
  • $100,405.37 in employee travel costs to scout the event–meaning, these people returned to the Las Vegas area multiple times to visit hotels before settling on the fancy M Resort and Casino.
  • $3,700 for T-shirts and $2,800 in water bottles
  • $1,500 for “Boursin scalloped potato with Barolo wine-braised short ribs” and a $525 bartender fee for a cash bar.
  • Three officials spent almost $400 for rented tuxedos
  • $1,840 for vests for the 19 “regional ambassadors” and other employees
  • $146,527.05 was spent on catered food during the entire conference
  • $75,000 for a “team-building” exercise — the goal was to build bicycles (which would later be donated to a Boys & Girls Clubs)

Had it not been for an honest reporter, nobody would have known the difference. Think for a minute: Have you ever wondered how many extravagant parties our elected officials have thrown that we have never heard about? But all of these parties are nothing but chump change—when you compare the amount of billions that President Obama’s green energy corporations have squandered with our “stimulus” money. Obviously somebody is getting a lot of stimulation, but not the kind we have expected.

Consider:

  • Last April, Solar Trusts of America received a $2.1 billion grant from the Department of Energy to build the world’s largest solar plant in California.
  • On 31 August 2011 Solyndra announced it was filing for Chapter 11 bankruptcy protection, laying off 1100 employees, and shutting down all operations and manufacturing, while providing no severance for the fired employees, or even providing back due vacation day credit.[1]

(NaturalNews) Just a few months ago, FBI agents raided the headquarters of now-bankrupt solar panel company Solyndra, which received more than half-a-billion dollars in federal stimulus funds as part of the federal government’s green energy stimulus initiative.

According to a new investigation by CBS News, the Solyndra scandal is just the tip of the iceberg, as at least 11 other green energy companies have either already failed, or are on the verge of failing, taking with them more than $6.5 billion in taxpayer money.

Lastly, I must say that I have always been a Democrat but I am a Scoop-Jackson Democrat, one who believes that our elected officials must exemplify integrity and fairness to all—regardless of race, religion, or economic background.

Judging by her behavior, Mrs. Obama has aspirations of becoming the next Imelda Marcus  of the Philippines.  Imelda Marcus’s  extravagant lifestyle reportedly included five-million-dollar shopping tours in New York, Rome and Copenhagen in 1983, and sending a plane to pick up Australian white sand for a new beach resort.

White House sources today claimed that the First Lady has spent $10 million of U.S. taxpayers’ money on vacations alone in the past year. Not bad for just 42 days of vacation, or a little more than one  million out of every nine days, according to a White House Dossier analysis of her travel.

Her vacations, the cost of which are mostly borne by taxpayers, include trips to Panama City, Fla., Martha’s Vineyard, Hawaii, South Africa, Latin America, Vail, Colo., and her visit this week to her brother in Corvallis, Ore.

One can only conclude that, “It’s good to be President!”

Amos the prophet once said, “Hear this word, women of the mountain of Samaria, you cows of Bashan, You who oppress the weak and abuse the needy; Who say to your lords, ‘Bring drink for us!’” (Amos 4:1). It seems that the fat cows of Bashan have invaded and conquered the White House.

So ask my fellow clergy: Where is your sense of outrage? When you consider how many people can barely fill their cars up with gas, Michelle Obama’s spending habits seem obscene.

If I were the President, I would make it a point to be more circumspect with my personal conduct. The appearance of impropriety undermines the confidence the President is trying to establish for his presidency. Continue Reading

“I can resist everything but temptation”

Oscar Wilde once said: “The only way to get rid of temptation is to yield to it… I can resist everything but temptation.”

There’s a lot of truth to Wilde’s temptation. As human beings we often give in to many temptations without thinking about the consequences of our actions.

Lest we start feeling self-righteous and smug, there is hardly a person who cannot be compromised or broken down, provided one is confronted by the right kind of temptation.

An expose appeared in the Ma’ariv newspaper about a man named Yehuda Meshi-Zahav, Eidah Charedis’ former chief operations officer. Meshi-Zahav left his anti-Zionist roots after witnessing the aftermath of a terror attack, and founded ZAKA, the disaster response organization that has rescued countless lives in Israel and elsewhere in the world, whenever a tragedy occurred.

ZAKA’s painstaking attention to gathering all the limbs and organs of terrorist attacks is nothing less than inspiring.

ZAKA provided assistance in Thailand, Sri Lanka, India and Indonesia in the aftermath of the 2004 Indian Ocean earthquake. Their teams of forensic experts were sometimes nicknamed, “the team that sleeps with the dead” because they toiled around the clock, ministering to those who died in the tsunami. The experience of ZAKA members, who reportedly see 38 bodies a week on average in Israel, helped the Israeli forensic team to identify corpses faster than many of the other forensic teams that operated in Thailand in the aftermath of the disaster, which placed them in high demand with grieving families.

The Israeli government bestowed Meshiv-Zahav with the honor of lighting an honorary beacon on Israel’s 55th Independence Day official ceremonies on Mount Herzl in Jerusalem, the revered burial spot of modern Zionism’s founder Theodor Herzl.

So what happened? Although few of know or understand the politics of ZAKA, evidently Meshi-Zahav left the organization and started his own ZAKA organization.

Sounds pretty confusing, no?

And confusing it was. Most people did not realize there were two ZAKA organizations. He and his family raised money for the “new” ZAKA but neglected to tell his donors that his organization was different. In good faith, people all over the world sent considerable sums of money to purchase ambulances and EMT vehicles.

The Ma’ariv report alleges that Meshi-Zahav never bought any of these vehicles. It suggested that he used the money for other personal purposes. These are only allegations, and so far we have not seen a response from Meshi-Zahav. One assumes the case will be litigated in Israeli courts and we’ll learn whether Ma’ariv got its facts right.

In its account, Ma’ariv reported that the original ZAKA did not receive the donors’ money. Yet, Meshi-Zahav used the original ZAKA’s tax I.D. number. Meshi-Zahav’s ZAKA allegedly has an agreement with the original ZAKA that allows this, but Meshi-Zahav is supposed to give 40% of what his ZAKA raises after expenses to the original ZAKA. However, no money has been given to it by Meshi-Zahav’s ZAKA, according to Ma’ariv.

ZAKA is in dire financial straits. The Israeli government is trying to understand why the original ZAKA collapsed, and why millions of dollars are missing from its accounts, Ma’ariv reported. The newspaper said that Meshi-Zahav used ZAKA as a personal account for purchasing groceries and vacation trips.

A religious person in particular ought to know that the Torah teaches that freedom is not the license to do whatever one wants. In a God-centered world, it is God Who determines the boundaries between right and wrong; in a human-centered world, humans define values, and in a sense act like God.

We all face temptation. Oscar Wilde is correct to some degree. However, the solution is not to give in to caprice, but to sublimate these urges by simply saying, “No thank you . . .” Continue Reading

Rabbinical Thoughts on Accountability and Human Dignity

At our downtown TBS Jewish business ethics class, we discussed an interesting subject dealing with the problem of suspicion. The beginning of Parshat Pikudei (Vyakhale-Pikudei), Moses presents a complete inventory of what all the items that he and the priests collected for the Tabernacle (Exod. 38:21ff. Moses gives a precise accounting of the raw material brought to the Sanctuary: gold (29 talents, 730 shekels), silver (100 talents, 1,757 shekels), copper (70 talents, 2,400 shekels), and so on . . . One might wonder:  If we can’t trust Moses, who could the Israelites trust? If Moses is not above suspicion, then who is?  Why encumber Moses with a ledger?

Rabbinic tradition observes that Moses had more than his fair share of critics. People would look at Moses and say, “Look at his neck, look at his thighs – he is obviously eating and drinking from the property we have donated to the Tabernacle!” Moses’ healthy, strong appearance provided a basis for the cynical charge that he was pilfering. To ensure that the job would be carried out with fairness, Moses delegated the accounting to Itamar, the son of Aaron (Midrash HaGadol, Parshat Pikudei).

Accordingly, Moses responded to his critics by giving a precise accounting for every single coin and article contributed to the Sanctuary. The ethos of the Torah portion stresses the importance of maintaining honest records. Leadership–whether it be spiritual or political—demands transparency and accountability.

Rabbinical literature contains numerous discussions about this particular theme. In one ancient text, the Sages discuss the meaning of a passage, “Be sure to keep the commandments, decrees, and laws that the LORD your God has enjoined upon you. Do what is right and good in the sight of the LORD, that it may go well with you and that you may be able to possess the good land that the LORD your God promised on oath to your fathers.”[1]

The rabbis wondered: What do the words “Do what is right and good” mean? What are its practical implications? They discussed a practical problem that the priests used o encounter in the days of the Second Temple:

The Tosefta records the following law:[2] Whenever someone went in to take the terumah offering from the Shekel-chamber, they would search him before he entered the chamber—and after he exited the chamber.[3] They made it a point to engage him in conversation the entire time he would enter and come out. Why was this procedure so necessary? They went through this procedure in order to fulfill the biblical imperative, “You shall be clear before the LORD and before Israel.”[4]

The Tosefta implies that when dealing with public monies, the priests of the Temple must keep a watchful eye upon anyone who enters the shekel (money) room at all times. The Sages feared that the access to Temple funds might prove to be a temptation for greedy individuals.  Ergo, the Sages decided to create safeguards to prevent theft or the accidental co-mingling of personal monies with the Temple monies. To ensure honesty, they conducted a body search of the officer’s  body and clothing. This view was championed by Rabbi Ishmael.

The Tosefta in Shekalim 3:2 continues exploring the theme of “being clear before the LORD” and what that practically means:

However, according to a different rabbinical view that the Tosefta attributes to R. Akiba:

  • The collector may not enter dressed in a loose-hanging garment [with sleeves in which money can be concealed—so that he would not be suspected of stealing from the Temple office] nor wearing boots or sandals or phylacteries or an amulet [in which money can be hidden], lest he become impoverished and people will say that he became impoverished because of his transgression in the Temple office [i.e., stealing its money], or lest he become rich and people will say that he enriched himself from the money in the Temple office. For a person must be as blameless before his fellow man as before God, as Scripture states: “You shall be clear before the LORD and before Israel,” and “You will find favor and approbation in the eyes of God and humankind” (Deut. 6:18).[5]

Based upon this opinion, the Temple officials did not subject a person to demeaning searches of his clothing and body; it is adequate if he takes care not to enter the office wearing clothing and objects that could possibly make him suspect. The Halacha follows Rabbi Akiba.

The moral of the rabbinical discussion boils down to one simple principle: Leadership–in all its guises–needs to be beyond suspicion.

Classes in Jewish law and Talmud often lead to some interesting digressions. In one discussion, the lawyers of the class raised the question about the TSA body searches. One of my students observed that in her opinion, the Mishnah seems to also suggest that body searches conducted by the TSA in many of our airports violate both common sense and human dignity.

Her point was well taken.

Performing a body search on a six-year little girl, or a 93 year old woman often involve the kind of groping that authorities would identify with child-molesting, or sexually exploitation. After considerable complaining, it seems that the TSA is beginning to look at other methods that have been used in Israel for years with great success. As mentioned earlier, body searches are not necessary for cases that are obvious to the naked eye. They are necessary only if there appears to be an element of impropriety and suspicion (e.g., wearing loose fitting clothing). All other things being equal, we do not subject people to a body search because it demeans the individual, and for that reason it is also considered to be demeaning to God.

A more practical and prudent approach involves talking to passengers, observe their body language, watching their eyes as they respond to basic questions. Such methods do not diminish the value of a human being–and this method works quite brilliantly for the Israelis. It is amazing to see how some of the Mishnaic methods of antiquity offer practical guidelines that can help us preserve human dignity while working to solve the problem of terrorism. Continue Reading

Kandahar Madness: When Soldiers Lose Their Soul . . .

In his classical work on masculine spirituality, Iron John, Robert Bly notes how our contemporary society no longer provides the necessary rituals to help reintegrate warriors after a war. Unlike the ancient societies, which presented a series of complex rituals to help their soldiers make a transition to their former lives, today’s warriors have no means of making such a psychological transition to a normal life.[1]

Bly notes that in some cultures, a group of women would bare their breasts at the soldier to awaken their sense of compassion. Ritual washings in a pool of warm water often served to symbolize the renewal of the person; it helped the soldier get in touch with his essential humanity. But for today’s soldiers, there are no parades honoring the soldiers’ return from the battlefront. Nor do beautiful maidens throw golden applies to the soldiers as they celebrate their return.

“Is it any wonder,” argues Bly, “why so many Vietnam War veterans committed suicide after they arrived home? Is it any wonder why so many veterans became homeless?” Bly’s arguments speak with a great deal of force. I have personally worked with the traumatized soldiers who return, who often complain about the inner demons they face. Even now, as soldiers return from battle in Iraq, many of them suffer from post-traumatic stress disorder that has made their reintegration to society difficult. Often these soldiers return home and try to regain their lives and relationships–only to find the ghosts of their past haunting them. The wounded soldier is frequently spiritually and psychologically scarred from his experiences and memories.

When we study the rituals of war in the Torah, we also discover the purification rites that enabled individuals who became spiritually and ceremonially defiled in battle, and how they eventually became purified and spiritually renewed (cf. Num. 19 ff.). Interestingly, even before going to the battlefield, soldiers had to donate half shekel. The biblical writer notes, “When you take a census of the Israelites who are to be registered, each one, as he is enrolled, shall give the LORD a forfeit for his life, so that no plague may come upon them for being registered” (Exod. 30:12).

The verse suggests that a soul needs atonement whenever one goes out to war. Every enemy soldier has a family and wears many hats other than that of a soldier. The ritual of the half shekel reminded soldiers that killing a human being is wrong unless one is doing so in self-defense. Reasons for such a rite are obvious. War brutalizes a people. Once one sees an enemy soldier as an foe, killing becomes permitted.

But how can the act of killing not brutalize a soul–especially a sensitive soul? Even the Nazis realized that they could not command their soldiers to kill Jews as fellow human beings; but they could command them to kill the Jews “because they were not human–but were like vermin.”

There is a very moving passage in the Book of Jeremiah that provides an answer to this perplexing moral question:

“And do you seek great things for yourself? Seek them not; for, behold, I am bringing evil upon all flesh, says the LORD; but I will give you your soul as a prize of war in all places to which you may go” (Jer. 45:5). In some ways, this prophetic text serves to clarify the passage in Exodus 30:12. There is something profound in this passage. When we are engaged in a conflict such as a war, or for that manner – any kind of conflict – we must be careful not to let our soul be tainted or diminished. If you are fighting for something that is dear to you, then be careful to guard your soul, i.e. don’t let yourself sink to a level where you forget your humanity.

Remember, even an enemy soldier is not some faceless entity; always be careful even in a time of conflict never to lose your humanity.

Jeremiah’s teachings offers a sobering perspective on what happened this past week in the province of Kandahar, where an American sergeant (who had recently suffered a head-injury in Iraq) went on a wild shooting spree killing sixteen people of all ages. As a 38 year-old father of two children, one wonders whether he thought of his own small children, as he shot, killed and then burned the bodies of the village people.

Sometimes the hardest battles we fight are not on the physical battlefield, but on the emotional battlefield of life. A soldier’s struggle to hold on to his soul becomes challenging and difficult–and full of pitfalls. Singer Carole King’s song, “Just Call Out My Name,” has a stanza that really speaks on many levels about this theme:

Ain’t it good to know that you’ve got a friend
When people can be so cold
They’ll hurt you, yes, and desert you
And take your soul if you let them
Oh, but don’t you let them

Our country needs to realize that force is not always a solution to solving the world’s problems. It is one thing when a country like Israel is compelled to fight for its very survival, but the discretionary wars we have seen in Iraq and Afghanistan are very different.

We ought to ask ourselves and our leaders: At what cost shall we continue this fight?

The time has come to bring our troops home. Continue Reading