A month after joining a Trump supporting mob riot at the U.S. Capitol building, Canada declared that the Proud Boys a domestic terrorist organization. Like other white supremacists, fascist groups, the Proud boys peddle militant Christianity, white supremacy, and fascist ideology fomenting conspiracy, hate, and disinformation about Jews, people of color, women, and the growing multiculturalism of North America. Ironically, the U.S. government which was attached on that horrific day has not yet placed this organization on a terrorist watch list. Instead, the Canadian government appreciates and understands the threat to liberal democracies posed by hate-based organizations that peddle conspiracy theories and prejudice against immigrants, people of colour, Jews, and anyone who is different. Indeed, laws tell a lot about the values and the courage of a society.
This week we read from Parsha Mishpatim. Moshe is still at Mt. Sinai. However, the revelation that occurred with the giving of the Aseret Dibrot (Ten Commandments) has come and gone. Instead, God gives Moshe numerous laws that affect the day to day issues raised by human interaction. There is no shofar blowing, there is no anticipation of meeting God at the mountain. Rather there is only God telling Moshe how to decide various legal matters including the damages to be paid if my ox gores your ox; two men are fighting near a pregnant woman and she gets hurt, and how to treat to a Jewish servant, observing festivals, the issues of liability for those who are asked to safeguard another’s property as well as manslaughter, to name just a few of the fifty-three commandments (according to the Sefer HaChinuch). Moshe tells these laws to B’nai Yisroel and they respond with the words Naaseh v’Nishmah – we will do and learn. The Parsha concludes with glowing fire upon the Mountain that Moshe ascends once again.
Following the awe-inspiring revelation at Sinai in Parsha Yitro, it might seem like a spiritual let down to read of one law after another and the mundane rules that are established to govern human interaction. However, buried beneath these rules and regulations God reminds Moshe of the foundations upon which these executive orders are based. V’Ger Lo Toneh V’Lo TilChatzenu Ki Geirim Heyitem B’Eretz Mitzrayim – You shall not taunt or oppress a stranger, for you were strangers in the land of Egypt. The Talmudic Sages in Baba Metzia 59b remind us that the Torah expresses caution regarding the treatment of the stranger no less than thirty-six times. No other “executive order”, no other commandment such as loving God, Shabbat, circumcision, forbidden foods, uttering a falsehood occurs as frequently as the refrain to love the stranger or refrain to avoid oppressing the stranger. The Talmudic sages define the “stranger” to be the idol worshipper turned proselyte. Once the “stranger” ceases worshipping idols and begins the process of Torah study; no one should oppress, mock or demean the proselyte’s origins. In a sense, the Sages consider the “stranger” to be spiritually defenseless. Later Medieval Commentators explain that the “stranger” is not only an idol worshipper turned proselyte (the spiritually defenseless), but the economically defenseless as well. RaShBam (11th Century French commentator and Rashi’s nephew) clarifies “Do not oppress him” to mean that you should not force him to do your work since he has no champion. RaMBaM, the great Spanish commentator, adds a caveat to RaShBam. God defends the defenseless. God protects the widows and the orphans. In the previous Parsha, Yitro, God reminded Moshe to tell B’nai Yisroel that they were to be a Nation of Priests, that is to say, B’nai Yisroel is supposed to embody Godliness here on earth. Caring for the stranger embodies Godliness. Failure to care for the stranger embodies the Egyptians.
The laws in Mishpatim and the laws of any country reflects that society’s underlying concern of human relationships and the sanctity of human relationships. It is human nature to fear the “other”, to fear the “stranger”, to fear those who look different. Torah, Judeo-Christian morality, liberal democracy, appeal to something that transcends human nature. Instead, we are supposed to strive for something greater than human nature. We are supposed to transcend our fear of the stranger. We are supposed to transcend our trepidation of the “other”. Parsha Mishpatim reminds B’nai Yisroel that of all people, the Jewish people should be able to empathize with the stranger. After all, at numerous points in Jewish history, we were all strangers. The laws presented in Parsha Mishpatim demonstrate how former slaves created a civil, just, caring, and humane society predicated upon the law, trust, the sanctity of the human soul, and the necessity for empathy. Indeed, for its time, it truly was revolutionary.
Peace,
Rav Yitz
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