A not so new term has, once again, regained popularity this week during the Senate confirmation hearings of Amy Coney Barrett to replace the late Justice Ruth Bader Ginsburg on the U.S. Supreme court. This "not so new term" was ascribed to the late Justice Scalia and now it is used to describe his disciple. The term is “originalism”. The term describes a legal philosophy for interpreting the Constitution and law. Originalism looks at the intention of the ‘Founding Father” while writing the Constitution. In this school of thought, no legal decision would be rendered without a painstaking assessment of “original intention”. You know what’s so interesting about the “Founding Fathers”, and the basis of their “original intention”, the foundations of their “moral code”, and their education? As Christians, they were all familiar with the New Testament. However, they also understood The Old Testament, Torah, Neviim (Prophets), and Ketuvim (Writings)-TaNaCh. Many could read the Torah in its “original” Hebrew. As I watched and listened, I couldn't help but think that for the past six weeks, the Jewish People have been dealing with God as a Judge. As we marked the conclusion of the Jewish Holidays, we were keenly aware that the Jewish People begin another cycle of Torah reading. Right there in the story of Creation, we learn the two fundamental qualities that a Judge must possess in order to judge. For all those “originalists”, I suggest that they read the comment by Rashi (the great 11th century French commentator) on the two terms that refers to God. In Chapter One the Torah refers to God as “Elokim” -God's Judging aspect and in Chapter Two the Torah refers to God as Hashem (Yod Keh Vav Key) -God Merciful aspect.
This week’s Parsha is Breishit. It is the first Parsha of the first Book of the Torah. For all intents and purposes, it is the beginning of the Torah. In Breishit, we read the story of Creation, (The Beginning); Adam and Chava’s banishment from Paradise (Gan Eden), and the fratricide of Cain and Abel. We begin however with God. God is the Creator, the ultimate power. If knowledge is power, then God is the ultimate source of knowledge. We accept this as part of our Jewish theology. God is all-knowing and all-powerful. We read the words: V’yivrah Elohim et Ha’Adam b’Tzalmo, B’Tzelem Elohim Barah Oto Zachar u’Nekeivah Barah Otam. “And God created man in His own image. In the image of God, He created him; male and female He created them. (1:27). The question, therefore, is: What is the image of God? Obviously part of that image is the power to create, the power to create life. We surmise this because, in the next verse, God commands Adam and Chava to be fruitful and multiply, to create life just like God had created. Another image of God is Power. God’s purpose in creating humanity was that they “should have dominion over the fish of the sea and over the fowl of the air and over the cattle, and overall the earth…” (1:26) In today’s vernacular “dominion” is Power. However the ability to create, and the ability to exercise power sagaciously, and judiciously, requires IQ and EQ – intellectual intelligence and emotional intelligence. Perhaps that is our greatest gift. We have the ability to learn, to reason, to discern between right and wrong. We also have the ability to empathize. Exercising both allows us to expresses our Holiness and demonstrate that we are created in God’s image.
In the Babylonian Talmudic tractate entitled Chagigah (14b), there is an Aggadah, a legend, which illustrates the notion that attaining knowledge and understanding how to attain knowledge is a holy endeavor. Four of the leading sages of their generation entered PaRDes (literally the “orchard” or Paradise). They were Ben Assai, Ben Zoma, Elisha ben Abuyah, and Rabbi Akiva. They entered PaRDeS and came into contact with pure power, pure knowledge, and complete perfection. They came into contact with God. As a result, one sage died immediately. One sage went insane, one became a heretic, and was referred to as Acher (the other), by the rest of the Talmudic Sages. Only Rabbi Akiva emerged unscathed. The commentators of this Aggadah explain that PaRDeS is an acronym for four methods of Torah inquiry: P’shat (the simple literal meaning), Remez (understanding the meaning based upon hint and intimation), Drash (derive meaning based upon interpretation), and Sod( deriving meaning based upon uncovering secret meanings). Imagine that? Our tradition explains that Paradise is achieved through Torah study and deriving meaning in four different ways. Relying on any one way will limit intellectual and spiritual growth. However incorporating each aspect, and understanding when to utilize one more than the other or how much of each aspect to use in order to determine meaning is what allowed Rabbi Akiva to leave PaRDeS unscathed. In a sense our sages are absolutely correct, PaRDeS is studying Torah for the sake of intellectual and emotional growth and enlightenment so that one can judge and empathize.
The attainment of knowledge and Truth is a Godly endeavor. The use of such knowledge judiciously, wisely, and empathetically for creative purposes represents the notion that we are indeed created in God’s image. Not only is knowledge power, but understanding how to attain and use that knowledge and empathy is the key to a spiritually enlightened life. Certainly, Judge Barrett has a deep sense of the importance of a spiritually meaningful life. No, I don’t expect Judge Barret to read her translation of the “Original” Torah the same way as I do. However, I think of myself as a bit of an Originalist. However, like the Rabbinic tradition I come from, The Talmudic Sages understood that the beauty of “Originalism” was based upon rules of interpretation and for the text and law to remain cerebral, and a living organism that remains meaningful, then perhaps she ought to rethink the understanding of “originalism”. But what do I know, I’m just a Rabbi.
Peace,
Rav Yitz
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