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

What Truth Is Proof Against All Lies When Sacred Fails Before Profane (Gerrit Graham & Bob Weir -"Victim Or The Crime")

Prior to Israel and Jews throughout the world observed Yom HaZikaron (Remembrance Day), and Yom Ha’Atzmaut (Israel’s Independence Day) Israelis had to endure rocket fire from Gaza. This wasn’t just a couple of rockets that were shot down by the Iron Dome. This was over two hundred rockets fired over the course of about 36 hours. Schools in Ashkelon and along Israel’s southern border near Gaza were closed. With our daughter in Israel, my wife felt compelled to remind me that our daughter was in the North parts of Israel with her program so I shouldn’t be overly worried. Yet, I did worry. Maybe not so much for my daughter but for YouTube videos that showed Israeli children listening to sirens, running to bomb shelters, and clutching to their parents. I also saw YouTube videos and numerous Palestinian teenage boys standing near the border with Israel hurling slingshots, and trying to float incendiary balloons across the wall. Can I empathize with their frustration? Yes. Can I empathize with their anger? Yes. However as my children point out, and I agree, those angry frustrated Palestinians were aiming their slingshots, and rockets and directing their frustration and hopelessness the wrong way. How do we know this? It was self- evident from all those YouTube videos filmed by the Gazans and Hamas who clearly support and instigate the unrest and the rocket fire. The videos indicate that Hamas rockets were launched from schools, hospitals, apartment buildings and houses of worship.  Videos indicate that the mothers and the daughters, dressed in traditional observant Muslim clothing, remain behind their sons and their brothers, encouraging and supporting their sons and brothers slingshot stones and float incendiary balloons over the wall. When I saw that, any empathy I may have had dried up. I couldn’t imagine my wife and my daughters running behind her son and their brother all the while encouraging and supporting him as he endangered his life and the lives of those around him.  Rather, I could imagine my son’s mother and his three older sisters walking up to him and dragging him out of harms’ way.  I thought about Golda Meir’s words: “Peace will come when the Arabs start to love their children more than they hate us.”  

This Shabbat we read from Parsha Kedoshim. Kedoshim is the plural form of the adjective Kodesh, which means holy.  In this particular case, the antecedent for Kedoshim is Kol Adat B’nai Yisroel – the Entire Assembly of the Children of Israel. All of Israel is Holy, why? As we will read over and over again in a mantra-like fashion, Ki Kadosh Ani Adonai Eloheichem – Because Holy am I, Hashem your God. We are holy because of our sacred relationship to God. Interestingly, the rest of the Parsha does NOT concentrate on the relationship between God and humanity. Instead, the Parsha outlines the moral and ethical behavior that we are commanded to display towards our fellow human being. Keeping in mind that we are all created B’Tzelem Elokim – the Image of God; we are urged to imitate God. We are reminded to treat others as we would treat God.

The plethora of ethical behaviors outlined includes “do not place a stumbling block before the blind”, or “a workers wage shall not remain with you overnight until morning”. Even the Golden Rule, urging us to treat others as we hope to be treated is part of Kedoshim. The great Talmudic Sage Rabbi Hillel, explained to an individual who wanted to learn Torah while standing on one leg that this one rule embodies the essence of Torah “the rest are the details” (Shabbat 31a). V’Ahavta L’Rei’echa K’Mocha – You shall love your fellow human being as yourself (Lev 19:18).  Rabbi Akiva, another Talmudic Sage, explains that this is the fundamental rule of the Torah (Jerusalem Talmud Nedarim 9:4). Rabbi Avraham Yehoshua Heschel explained that this commandment does not mean to love saintly and righteous people – it is impossible NOT to love such people. Rather God commands us to love even people whom it is hard to love. However we do not “love” to our detriment. These ethical statements and the re-iteration of many of the commandments are put into the context of human relationship because it is much easier to see the immediacy and relevance of these commandments in human terms while aspiring to and appealing to the Godliness in each soul.

How different would Gaza, its inhabitants, and Israel be if Gazans sought Kedushah, holiness here on earth rather than in death? How different would Gaza, its inhabitants, and Israel be if Gazan sought Kedushah and understood the words Loving your neighbor as Heschel understood it: even if he is difficult to love? How much poison, how much hate can an organization have that uses its own people for fodder in order to promote despair and death?  How many Gazans need to be enslaved by Hamas to build tunnels? How much money and supplies does Hamas need to for tunnels rather than hospitals, schools, and community centers? How many children need to be poisoned with hate in order to convince them to fight? How many mothers need to be rewarded/bribed with funds in order to allow their children to be “martyred”?  The tragedy is that Hamas and every organization like Hamas have placed a stumbling block in front of the blind. The tragedy for Palestinians in Gaza is not Israel. Rather, the tragedy is that they allowed themselves to be fooled when they voted for Hamas all those years ago. They chose to unholy poison offered by Hamas rather than the nectar of Kedushah and peace with Israel. As tragic as all that is; I find Golda Meir’s words even more tragic: We can forgive [them] for killing our children. We cannot forgive them from forcing us to kill their children.

Peace,

Rav Yitz