The Law Come To Get You If You Don't Walk Right (Robert Hunter & Jerry Garcia - "Tennessee Jed")

          My sister, brother in law and niece spent Family Day Weekend with us. Because they live in New York, their visit was a result of the President’s Day weekend. My brother in law is an attorney who used to work for the Justice Department office in New York, also known as SDNY (Southern District of New York). He was one of the hundreds of former Justice Department lawyers who signed a petition protesting the Attorney General’s recent behavior. While watching a news story about the U.S. Attorney General, my brother in law explained that the most important rule in the Justice Department, the fundamental code of conduct is to keep “politics” at arm's length. Politics doesn’t determine whether to prosecute or not; facts do. Politics doesn't determine whether to indict or not; facts do. Politics doesn’t determine whether to sentence or not; facts do. Politics doesn’t determine whether to commute a sentence or not; facts do. He explained that the idea of keeping "Politics" out of the Justice department was Justice Department training 101, so to speak, I asked if Politics ever entered into their decision making at the Justice Department. His answer stunned me. He explained that when he was at the Justice Department over twenty years ago; he was trained to view “Politics” that turned facts into something very different. Sometimes Politics would turn facts upside down, or into a lie, or something very subjective. For my brother in law, the law must be objective for the system to have integrity. The image of Justice wearing a blindfold and the scales set as equal must be the guiding principle of a society based upon law.
          This week’s Parsha is Mishpatim. Moshe is still at Har Sinai. However, the revelation that occurred with the giving of the Aseret Dibrot (Ten Commandments) is long gone. Instead, God has now started giving 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 Bnai 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.
          Amid the more than fifty Mitzvot and within the midst civil law appears a commandment that seems more like a warning than a commandment. MIdvar Sheker Tirchak V’Naki V”Tzadik Al Taharog–Distance yourself from a false word; (Ex. 23:7).Usually, a commandment uses language such as “do” or “don’t”. In fact, the commandments that immediately appear before and after utilizing the commandment language of “do” or “don’t”. This is the only commandment that tells us to Tirchak – distance ourselves and as a result creates inherent subjectivity. One person’s distancing from falsehood might not necessarily be another person’s distancing from falsehood. So why the relativism as compared to the absolutism of the all these other commandments? Perhaps the ability to discern falsehood carries with it a degree of subjectivity. Perhaps the Torah and later the sages understand that falsehoods are relative, relative to severity, relative to intent and even relative to harm. In Breishit Rabbah, the Talmudic Sages commentary upon the Torah, we learn: “When the Holy One Blessed be He was about to create mankind, the ministering angels divided into two parties. Mercy said: ‘Create him!’ Truth said: ‘Do not create him since he is all falsehood’ “. However the same Talmudic Sages teach in the Masechet Chullin (the Talmudic Tractate that deals with all the laws of Kosher ritual slaughter) HitRacheik Min HaKiOr U’Min HaDomah Lo V’Min HaDomah L’Doma – Keep far (distance yourself) from ugly dealings and that which smells of them, or even remotely resembles them (Chullin 44b). One statement acknowledges that a world only built upon absolute truth might very well be a harsh world that is not particularly forgiving. The other statement, like the Torah’s warning, reminds us that if we spend too much time near falsehood, then the world might become corrupt and no one would trust systems and institutions. We need to have enough judgment to determine when we are too close to "falsehood" that it leads to mistrust.
          Politics doesn't just occur at the Federal, Provincial or local level. Politics occurs in synagogues and politics occurs wherever there are groups of people including schools. Aristotle, the ancient Greek philosopher was right, man is a political animal. As a result, politics causes us to have ugly dealings and often times leaves a bad smell or aftertaste. As long as it remains untainted by politics, the Law can actually cleanse. At its best, the Law should be objective and the carrying out of the law, understanding of the law is also an exercise in objectivity and cleansing. Maybe that is why Judaism is grounded in the law, as it fundamentally wants to cleanse the soul of the mundane activities that occur because mankind is a political animal.

Peace.
Rav Yitz

The Law Come To Get You If You Don't Walk Right (Robert Hunter & Jerry Garcia - Tennessee Jed)

As parents, we generally want to protect our children, and shield them from all rot and garbage that is in the world. Other times we want to expose them to the rot and to the garbage because it is, as a professor of mine used to say, “an educationally pregnant moment”.  This past week, there was, unfortunately, one of those “educationally pregnant” moments, that, God willing, our children and people can learn from. While our children and much of the Jewish world was struggling with the discovery that the three Israeli teenagers had been murdered, and mourned the three at their funeral,  a gang of Israeli teens found and murdered a Palestinian boy a day or so later.  During the course of the investigation rumors abounded, many hoped that the perpetrators of that second evil were not Jewish.  When we discussed it with our children, they couldn’t imagine a Jewish Israeli could have done such a thing. Neither for that had matter can many of our friends. I explained to my kids, and friends that people are people. When people live with enough hate, when people think of their enemy as “other” as “not human”, when people think that the government is weak or that the laws don’t apply to them, well bad things happen, vigilante justice becomes acceptable.  I told my kids about Timothy McVeigh and the Oklahoma City bombing, I told my kids about Yigael Amir and the assassination of Yitzchak Rabin. I told my kids about the dangers of a mob seeking vigilante justice – I told them about the Scottsboro Boys, and Leo Frank. Every people, every country has its own examples of vigilantism. However I reminded them that the real question is how the vigilante is treated. Is he/she a hero or a villain? A sinner or a saint? We can tell a lot about the society based on how it views the vigilante.

This Shabbat we read from Parsha Pinchas. Pinchas came to our attention last week when at the conclusion of Parsha Balak, he through a spear at Zimri the son of the head of the Tribe of Shimon (one of the Twelve Tribes) and a Cozbi, Midianite princess while they were co-habiting. At the time, there was a plague that was wiping out B’nai Yisroel because of their relationship with the Midianite women, and worshipping the Midianite/Moabite God Baal Peor. Pinchas put an end to it by killing Zimri and Cozbi. God tells Moshe to reward Pinchas for his behavior by giving him the Brit Shalom, the Covenant of Peace. This covenant is only for Pinchas and his descendants. Keeping in mind that B’nai Yisroel has now concluded it 40 years of wandering in the wilderness and are poised upon the eastern bank of the Jordan River; a new census is taken. Just like we needed to know how many left Egypt, we now need to know how many will enter into Eretz Canaan. After the census is taken Moshe must judge a legal case concerning the laws of inheritance when a man has only daughters. This brief narrative is about the “Daughters of Tzelophchad, and they make the case that they should inherit their father’s tribal lands. Following this narrative, God commands Moshe to teach the new generation the laws for time bound offerings including the Shabbat offering, the Rosh Chodesh offering, the offerings for the Shelosh Regalim (Three Pilgrimage Festivals etc). Then God also tells Moshe Rabeinu that his time as leader and in fact his life is quickly drawing to a close and that he should put his affairs in order and name a new leader (27:12-18). Joshua becomes the designated future leader.

The narrative regarding Pinchas, compared to the rest of the Parsha is very brief but also quite troubling because of the apparent reward that God bequeaths to Pinchas.  Pinchas Ben Elazar Ben Aharon HaKohen Heishiv et Chamati Mei’Al B’nai Yisroel B’Kano et Kinati B’TOcham V”Lo ChiLiTi et B’nai Yisroel B’Kinati – Pinchas son of Elazar son of Aharon the Kohen, tuned back My wrath from upon the Children of Israel, when he zealously avenged My vengeance, among them, so I did not consume the Children of Israel in my vengeance. Lachen Emor Hinneni Notein Lo et Briti Shalom – Therefore, say: Behold! I give him My covenant of peace. V’Haitaha Lo U’LeZaro Acharav Brit Kehunat Olam Tachat Asher Kinei Leilohav VaYiChaPeR Al B’Nai Yisroel – And it shall be for him and his offspring after him a covenant of eternal priesthood, because he took vengeance for his God, and he atoned for the Children of Israel. (Num. 25:11-13) Certainly on a superficial level, it appears that because of Pinchas’ zealous defending of God and God’s Torah, he receives something, a Brit Shalom. The fact that Pinchas receives anything suggests that he is rewarded. Certainly that it will not be through his lineage that the Kohen Gadol derives also suggests that he has received a reward. However what exactly is a Brit Shalom? Is it a reward? Is it a prize? Is it a type of Band-Aid? Is it a form of protection? Is it a spiritual salve or medicine? Is the Kehunah (the position of High Priest) really a reward? Or perhaps it is a rather heavy responsibility which will forever tamp down upon the zealousness that runs deep inside Pinchas? However in the narrative, Hashem is speaking to Moshe and telling Moshe how he should respond to these troubling events. The sages in the Jerusalem Talmud state that Pinchas act of vigilante justice did not meet the approval of Moshe or the elders. In fact they wanted to excommunicate him until the HaKadosh Baruch Hu stepped in and said that the line of Pinchas would be the line of the Kohen Gadol. Rather the NeTziV (Rabbi Naphatali Tzvi Yehuda Berlin 19^th Century Poland and Rosh Yeshiva of the Volozhin Yeshiva) explains that the Brit Shalom, was not given to protect Pinchas from those wishing to avenge Zimri’s murder, nor was it a reward for the purity of heart that sages explain was necessary to ‘defend Hashem’. “In reward for turning away the wrath of the HaKadosh Baruch Hu, He blessed Pinchas with the attribute of peace, that he SHOULD NOT BE QUICK TEMPERED OR ANGRY ANYMORE. Since it was only natural that such a deed as Pinchas’ should leave in his heart an intense emotional unrest afterward, the Divine blessing was designed to cope with this situation and promised peace and tranquility of soul.” This one controversial act shouldn’t turn Pinchas into some type of cold blooded Jihadist who commits atrocities in the name of God. By becoming the eventual Kohen Gadol, he would have to pursue peace and compromise like his grandfather Aharon. Pinchas’ passion would have to be channeled away from vigilantism and directed towards the understanding the intricacies of the law and sacrificial offerings.

So Pinchas wasn’t rewarded per se. Instead he would be a reminder that Judaism abhors vigilantism. Judaism doesn’t celebrate when Jewish vigilantes hurt others; they mourn. They don’t give candy to children when innocents are kidnapped and murdered, they give out condemnation. They do not praise the importance of Jihad either expressed externally (by hurting others) or internally (the constant testing and placing the soul into turmoil) rather as the Netziv points out, the object is for the soul to exist in a state of peacefulness not turmoil, completeness and wholeness, not torn apart only to re-emerge as some type of cold and unfeeling holy warrior. Yes our children now understand that Jews are just as susceptible to feelings of vigilantism and vengeance. Some may actually succumb to those feelings. Some may even teach that those feelings are valid and should be acted upon. However, both those who teach it and those who act upon those feelings are beyond the pale of Judaism, Jewish law. I hope that my children do not have to be confronted with any more such “pregnant educational moments”. However if they are, I pray that they will remember this lesson.

Peace,

Rav Yitz