Judge Decreed It; The Clerk He Wrote It (Noah Lewis- "Viola Lee Blues")

           As my daughter continues to heal from knee surgery, we have had some wonderful father/daughter bonding. While watching the news this past week, we learned that a legally issued search warrant was obtained by the FBI in order to conduct a search for documents that were removed from the White House and stored in Donald Trump’s Mara Lago home.  Documents in the White House belong to the people, not to a President. According to The Federal Records Act, The Presidential Recordings and Materials Preservation Act, and The Presidential Records Act,  all documents of an outgoing president belong to the National Archives and ultimately the American People. Also, the law re-enforces a fundamental truth in democracies, the president and for that matter, an outgoing president is not above the law, but rather bound by it. Breaking the law has consequences.

          This Shabbat is Parsha V’Etchanan; it is also known as Shabbat Nachamu (Shabbat of Comfort). Parsha V’Etchanan is always the Parsha that immediately follows Tisha B’Av (the Ninth of Av), the day on which we commemorate the destruction of both the First and Second Temple. V’Etchanan is a continuation of Moshe Rabeinu’s lecture to Bnai Yisroel.  Moshe urges and cajoles Bnai Yisroel to learn from their hardships. Moshe reiterates the Ten Commandments and his experience at Sinai. Then Moshe explains that while he can speak of the Ten Commandments and share his experience, Bnai Yisroel will now have to pass this information and these commandments in a very different way than sharing a firsthand experience of the revelation of Sinai. Instead, this generation, the generation that did not stand at Sinai, will have to teach the meaning of these words, ideas, and commandments, to their children and live by them.

          The Parsha begins with Moshe Rabeinu, the soon-to-be outgoing leader of the Jewish people, explaining that he wasn’t above the rules. V’Etchanan El Adoshem B’Eit Ha’Hee Leimor -I implored Hashem at that time saying: E’Ebrah Nat V’Ereh et Ha’Aretz HaTova Let me now cross and see the good Land that is on the other side of the Jordan, this good mountain and the Lebanon (Deut. 3:23). Moshe recounts his desire to enter into Eretz Canaan, God’s anger because he failed to heed God’s commandment to speak to the rock and the resulting punishment. VaYitaber Adoshem Bi L’Manchem V’Lo Shama Eilai VaYomer  Adoshem Eilai Rav Lach Al Tosef Daber Eilai Od B’Davar HaZeh - But God became angry with me because of you, and He did not listen to me; God said to me ‘It is too much for you! Do not continue to speak to Me further about this matter. (Deut. 3:25-26). Despite blaming B’nei Israel's behavior as the reason why Moshe lost his temper and hit the rock instead of speaking to the rock as God had commanded, God didn’t want to hear any more about it. Moshe was going to be punished and Moshe needed to accept the punishment.

           Leaders have responsibilities, they are bound by certain rules given the role of leadership. Moshe is described as the most humble servant of God, and the greatest prophet. Within Jewish tradition, Moshe is considered one of, if not the greatest leader of the Jewish people. Yet, he violated a commandment and suffered the consequences. He was removed from his role as leader and he was forbidden to enter the Promised Land. Instead, he had to settle to look out upon it from a hilltop on the eastern side of the Jordan River. Democracies are based upon Laws.  The United StatesAttorney General Merrick Garland is Jewish. He is well versed in the fundamental sanctity of Torah and law. He reminded the world that in a  democracy, a society that is grounded in law, that no one is above the law.

Peace,
Rav Yitz

Think This Through With Me, Let Me Know Your Mind, What I Want To Know Is, Are You Kind? (Robert Hunter & Jerry Garcia - "Uncle John's Band")

          An elderly gentleman told his friend about a magnificent restaurant. “The food is great, the prices are reasonable, and the ambiance is really elegant.” His friend asked for the name of the restaurant, and the elderly man struggled to remember the name of the restaurant. Finally, he asked his friend, “There is a flower with beautiful petals… it has a long stem with thorns on it- what do you call it?” The friend replied, “A rose?” “Yeah, that’s it!” said the gentleman. So he turned toward the kitchen and yelled, “Hey, Rose! What was the name of that restaurant we ate in last night?” Sometimes we all need a reminder. We even need a reminder for those things that we really know.

          Besides Shabbat, it is also Shavuot. This is essentially the yearly reminder of two important concepts of Judaism: Mitzvot and Chesed (Commandments and Kindness). Shavout has numerous alternative names, but perhaps the most well known is Chag Matan Torah, the Holiday of the Giving of the Torah. On Friday, the first day of Shavuot, we read about B’nai Yisroel’s revelation at Sinai (Ex. 19:1-20:23). We read of their three days of preparation, Moshe’s ascending and descending from the mountain, and finally, we read the Aseret Dibrot (The Ten Commandments). Needless to say, the Torah reading for the first day of Shavuot is replete with laws. Explicitly, we read the Ten Commandments, ten universal rules that were all punishable by death. We also read and understand that our ancestors purified themselves in preparation for meeting God. They washed their clothes, they bathed, and they refrained from conjugal relations. We are reminded that Torah possesses a ritual/legal aspect that enriches the relationship between the individual and God, and the community and God. Both of these relationships require that we approach the sanctity of these relationships in a state of purity.

          The second day of Shavuot coincides with this Shabbat, therefore instead of the weekly Parsha, we read the passage in Deuteronomy 14:22-16:17. If the first day Torah reading for Shavuot focused upon the Commandments, the receiving of Torah at Sinai, The second day Torah reading focuses upon Chesed, Kindness. On three different occasions, the Torah reading either implicitly or explicitly reminds us and challenges us to engage in Gemilut Chasidim and Act of Kindness. First, we read about laws concerning tithing. Explicitly, we are again discussing law, however, this is not ritual law or law concerning Man’s relationship to God. Implicitly, we are reading about those laws that govern our behavior towards our fellow man, ethical law. We are commanded to care for those who are less fortunate. “At the end of the three years you shall take out every tithe of your crop…then the Levite can come-for he has no portion or inheritance with you – and the proselyte, the orphan and the widow who are in your cities so they may be satisfied….(Deut. 14:28-29). The second topic discusses the laws concerning Shmittah, the seventh year when debts are canceled, fields lie fallow, slaves are set free, and any firstborn male born during this year is considered Hekdesh (sanctified and therefore belonging to God.) Even here, the Torah’s focus is upon what we consider to be ethical concerns. “For destitute people will not cease to exist within the land; therefore I command you, saying, ‘you shall surely open your hand to your brother, to your poor, and to your destitute in your Land’” (Deut.15:11). We are commanded, and obligated to always take care of those who are less fortunate. The third topic discusses the Mitzvot related to each of the three Pilgrimage Festivals (Pesach, Shavuot, and Sukkot). On Pesach, we are commanded to eat only unleavened bread and the Pesach offering. On Sukkot, we are commanded to dwell in the Sukkah. On Shavuot, having already counted seven weeks since Pesach, we are now commanded to bring an offering commensurate to total production. Everyone is commanded to rejoice before God, “You, your son, your daughter, your slave, your maidservant, the Levite in your city, the proselyte, the orphan, the widow who are among you” (Deut.16:11). Again, implicit in the Torah reading is the notion of caring for those less fortunate. The ethical concerning, mankind’s relationship to mankind is the second concept of Torah.

          Unique to the holiday of Shavuot is the reading of the book of Ruth. The book of Ruth contains no laws regarding impurity and purity, nor laws of what is prohibited and what is permitted. It is however a beautiful story of a young woman willing to remain with her mother-in-law, return to the mother-in-law’s (Naomi’s) homeland of Eretz Canaan, and convert to Judaism. Implicit in the Book of Ruth is Gemilut Hasidim, Acts of Loving Kindness. Boaz, a wealthy landowner and distant relative of Naomi’s late husband, leaves the prescribed part of his field to be harvested by those who are less fortunate. He cares for the destitute, the proselyte, the widowed, and the orphan. He doesn’t abandon his communal nor familial responsibilities. Ruth, under no obligation, did not abandon her mother-in-law. As a non-Jew, she chose to accept those obligations and converted. The two are married. They embody Torah, the symbiotic relationship between the ethical and the ritual. As a result, they have the z’chut (the merit) to be King David’s great grandparents.

         Like the old man who needed to be reminded of his wife’s name as well as the restaurant’s name, every once in a while we need to be reminded that Torah and Judaism have as much to do with God and ritual as with Mankind and ethics. The Ethical and Ritual are inseparable. Our attempt to separate the two diminishes Torah, Judaism, our community, ourselves, and our relationship to God.

Peace,

Rav Yitz 

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

Strangers Stopping Strangers Just To Shake Their Hand (Robert Hunter & Jerry Garcia "Scarlett Begonias"

Winter can be a tough time for the homeless. Winter can be a tough time for the impoverished and the lonely. When I lived in New York, I became acutely aware of this “seasonal hardship” and numerous food kitchens and shelters established by local synagogues and churches to help people normally considered to be “strangers” by that membership of that particular church or synagogue.   While the issues of homelessness may not appear as pronounced as New York’s for most of the year, Toronto’s harsher and longer winter makes the problem particularly acute. Our synagogue (shul) participates in what is known as “Out of the Cold”. On Monday evenings, for eight weeks, our shul community provides a hot meal and a warm space for those in need.  On Monday evenings, for eight weeks, I pick up our 17-year-old daughter (who has been volunteering in this program for the past six years) and her 13-year-old brother (first year of volunteering). Like his sister, he has also experienced a powerful transformation. At first, the people who came to partake of the warm food, shelter, and clothing were “stranger”. They were nothing like him, they did not look like him, nor were they raised like him. Our 13-year-old son had nothing in common with these “strangers”.  Indeed, they were strangers. On that first Monday evening, there was trepidation. Five Monday evenings later I watch our son serve warm meals to strangers in need and help these strangers obtain weather appropriate clothing from the bins that are in our shul basement. However, he does something else. He greets these strangers, he talks to these strangers, he listens to these strangers and he now there is no more trepidation. Now, he no longer considers them strangers. They are just people with the same basic need that he has, to be fed, clothed, have a shelter and to be treated with dignity and grace.

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) 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 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 as we 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 reminds us that the Torah cautions us regarding our treatment of the stranger no less than thirty-six times. No other “executive order”, no other commandment, loving God, Shabbat, circumcision, forbidden foods, uttering a falsehood occurs as frequently loving the stranger or refrain from oppressing the stranger.  The Talmudic sages understand this commandment in terms of the “stranger” (the idol worshipper turned proselyte). When the “stranger” ceases worshipping idols and begins the process of Torah study; no one oppresses, mocks or demeans his origins. Later Medieval Commentators explain that the “stranger” is not only an idol worshipper turned proselyte, in other words, the spiritually defenseless. The “stranger” is the economically defenseless as well. RaShBam (11^th Century French commentator and Rashi’s nephew) clarifies “Do not oppress 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. 

Underlying the mundane concern of human relations lies the most profound and awe-inspiring idea.  It is human nature to fear the “other” to fear the “stranger”, to fear those who look different. Human nature is fully on display in the White House. Yet Torah, Judeo-Christian morality, liberal democracy and the values with which we raise our children seems to 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”; we are supposed to be able to empathize with the stranger. After all, at some point in our history, we were all strangers.  This group of former slaves was learning how to create a civil, just, caring and humane society predicated upon law, trust, the sanctity of the human soul, and the necessity for empathy. Over the past several Mondays, we have noticed our son has started to understand what means to empathize. Maybe the Whitehouse should participate in an “Out of the Cold” program.  

Peace,

Rav Yitz

With Its Words Of A Life That Could Almost Be True (John Barlow & Bob Weir - "Black Throated Wind")

An incredibly powerful and teachable moment came and went this week in, of all places, West Virginia. West Virginia was the sight of the Boy Scouts quadrennial jamboree. In the past, it is been an opportunity for the Presidents to speak to 40,000 boys (all of whom are below the voting age) to speak to young people about the importance of civic responsibility, the role of Boy Scouts in developing boys to become good citizens, and affording these boys a common bond that transcends regional, ethnic, cultural and socio economic positions. For the past 80 years it has been an opportunity for leaders to transcend politics, transcend partisanship, and offer words that inspire, educate and guide a future generation towards the importance of law, country and responsibility. Needless to say, parents of boy scouts were not very pleased by the words spoken earlier this week. Rather than words that inspired, educated, and gave powerful meaning to the role of the Boy Scouts as vital part of the fabric of civil behavior, rather than hear words about the importance of what the Boy Scouts were doing at the Jamboree, they listened to leader of the free world talk about himself, his election victory, and the lack of loyalty in his cabinet. Words that were supposed to be for the Boy Scouts, became words about and for the President.

This week’s Parsha is Devarim, which is the first Parsha of the Book of Deuteronomy or Sefer Devarim. Moshe recounts in very wide brushstrokes, the experience of the generation that fled Egypt. Very few details are given. In fact Moshe begins the story at the foot of Sinai; however, the name is changed from Sinai to Horev. In his recounting, Moshe speaks as a participant in this national experience not in the third person, as was presented in the Books of Exodus, Leviticus and Numbers. This is quite different from the Moshe we have seen. Until now he spoke as a prophet. God spoke to him and he spoke to B'nai Yisroel. Now Moshe displays a certain amount of freedom as he shares the experiences of past from his perspective. Parsha Devarim is the introductory Parsha to Moshe’s formal teaching of the Torah to this new generation. Moshe begins with a history lesson beginning with the most recent events and working backwards to the Exodus. Moshe Rabeinu, now only a few weeks from the moment of his death, imparts his teaching and his wisdom upon B’nai Yisroel like a dying grandparent or parent would to his/her children.  This re-telling or repetition of history and laws to a new generation inspired the Talmudic Sages to call Sefer Devarim (The Book of Words- Deuteronomy) the Mishnah Torah or the repetition of the Torah.

The Parsha, and the Book of Devarim begins with a narrative statement.  Eilah HaDevarim Asher Diber Moshe El B’nai Yisroel B’Eiver Yarden-These are the words that Moshe Spoke to all Israel, on the other side of the Jordan…(Deut. 1:1) For the next 5 versus, the Torah’s text is in the third person narrative form in which a time and place are clarified. Finally, beginning with verse 6, the third person narrative shifts to Moshe’s words.  What follows in Moshe's teaching and Moshe’s repetition of the Torah embodies tradition. Moshe’s teaching and his repetition of the Torah, exemplifies every parent’s responsibility to strengthen the child’s connection to Judaism, to Torah, and to God. Why do we need to be told that for five verses, Moses’ words will be arriving shortly? Since there are no wasted words in Torah, why don’t the words Eilah Devarim appear immediately before Moshe begins speaking? The Or HaChaim, Chaim Ibn Attar (1696-1743), was a leading Moroccan Rabbinic Commentator of his day, explained that the word Eilah implies “only” and is therefore restrictive and separates that which came before from that which follows. The words that came before this are God’s the words that follow this Eilah are Moshe’s and are of his own volition.  Citing the Talmud in Tractate Megillah 31, we are reminded that Moshe personally recorded the curses and admonitions in this book and even the legislation which he repeats he does so voluntarily; not because he was commanded to do so.  The first five narrative verses clarify time and space  as Moshe’s words are about to follow because we might conclude that just as Moshe felt free to say what he wants here in Devarim, he might have felt free to say what he wanted in the previous books of the Torah. “Only these words” that Moshe spoke of his own volition. Here was Moshe Rabeinu, the elder statesman, the individual that unquestionably had the closes relationship with God, speaking before the younger generation. He speaks to them about their connection to their past, he speaks to them about their ancestors, their heroic deeds and their backsliding. He speaks to them about a covenant, he speaks to them about the inheriting the land of Canaan.  Moshe begins the process, with his words, to connect the present generation to past generations and to connect this present generation to the original covenant that God made with the Patriarchs, Moshe, and B’nai Yisroel at Sinai.

One of the roles of leadership is to speak to people in a way that binds the people and the community together. They can be bound together through a common experience (either positive or negative), a shared history, or a common purpose. All of “these words” would transcend differences and make individuals part of something much bigger and more meaningful. So when a leader is afforded the opportunity to present Eilah HaDevarim only these words to young people that could inspire, educate and motivate and instead uses “Eilah HaDevarim” only these words; words about himself and serve himself. Such a lost opportunity teaches us the power and the importance of words.

Peace,

Rav Yitz