Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Wednesday, July 20, 2022

The Radical He Rant And Rage; Singing Someone's Got To Turn The Page (John Barlow & Bob Weir - "Throwin' Stones"

          What is the difference between a Believer and a Zealot?  Perhaps it depends on who is looking. When describing one’s self and dedication to a movement, one usually sees him/herself and fellow members of that group as Believers. Zealots are the extremists on the other side. Certainly, both Believers and Zealots believe in the “goodness”, the “holiness” or the “correctness” of their belief system. Maybe the difference between a Believer and a Zealot is the treatment of the “Other”.   Perhaps the most difficult task of any belief system is to acknowledge zealotry within one’s belief system. However, the sustainability of every belief system, whether it be social, religious, or political is the ability of that belief system to recognize that perhaps the belief system itself creates an environment for zealotry, eliminate that environment, and then isolate the zealots until there is a realization that zealotry ultimately fails. History has witnessed the eventual irrelevance of numerous belief systems that have gone the way of the Zealot eventually turning on themselves: The Montagnards during the Reign of Terror, Mao's Cultural Revolution. There were religious zealots that contributed to the religious wars between Catholics and Protestants and Sunnis and Shia. There are zealots who have killed and threatened abortion providers. Interestingly enough, there are no cases of zealots who harm those who hold anti-abortion or anti-choice positions.  

          This Shabbat we read from Parsha Pinchas. Pinchas came to our attention last week when at the conclusion of Parsha Balak, he threw a spear at Zimri the son of the head of the Tribe of Shimon (one of the Twelve Tribes), and Cozbi, a 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. God commands a new census be taken. 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 Shalosh 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.

          It appears that God offered a reward 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 sages in the Jerusalem Talmud state that Pinchas's act of vigilante justice did not meet the approval of Moshe or the elders. In fact, they wanted to excommunicate him until then God stepped in and said that the line of Pinchas would be the line of the Kohen Gadol. Here is a belief system recognizing the dangers of the Zealot and suggesting that the only way to deal with the Zealot is ex-communication. So how do we make sense of God’s apparent reward for Pinchas’ zealous behavior? The  NeTziV (Rabbi Naphtali Tzvi Yehuda Berlin 19th Century Poland and Rosh Yeshiva of the Volozhin Yeshiva) offers a fascinating insight and explanation. The Brit Shalom The Covenant of Peace, 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 some sages explained was necessary to ‘defend Hashem’.  Keeping in mind that the plague ceased, and lives were saved, The NeTziV comments “In reward for turning away the wrath of the HaKadosh Baruch Hu [God], 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 intense emotional unrest afterward, the Divine blessing was designed to cope with this situation and promised peace and tranquility of soul.” By becoming the eventual Kohen Gadol, Pinchas would have to pursue peace and compromise like his grandfather Aharon. In order to pursue peace like his grandfather, Pinchas will have to see both sides and neither side can be viewed as “other”. Pinchas will now have to learn patience, and understanding in order to recognize the intricacies of the law and sacrificial offerings. Perhaps most important, Pinchas will have to recognize his own fallibility and work on himself instead of harming others. 

          So Pinchas wasn’t rewarded per se. Instead, he would be a reminder that Judaism abhors zealotry and vigilanteism.  There is no place for it.  Before he does, Moshe will implore this new generation preparing to enter into Canaan, that God’s path is neither to the right nor to the left but rather the middle path (Deut. 5:29-30). Judaism doesn’t reward Zealots. Instead, Judaism recognizes that zealousness is a sickness. It is a spiritual sickness or perversion of belief. As a result, the soul within requires healing, the soul needs Shalom - Peace.

Peace,
Rav Yitz 

Wednesday, May 4, 2022

I Made A Choice That Soon Became A Stand (John Barlow & Bob Weir - "My Brother Esau")

            When the lead story in a Canadian evening news telecast is the same as an American evening news telecast, it is safe to say that the lead story must be important. When the lead story in a Canadian evening news telecast is about a leaked Supreme Court Draft Opinion that the majority of Justices (5-4) have agreed to, then I am intrigued. After all, a U.S. Supreme Court Decision regarding individual rights and criminalization of abortion in the United States does not affect Canada except for the fact that there might be American women who come to Canada from those states that restrict abortion (Peter Zimonjic, CBC News. “American Women Can Obtain Abortions In Canada If Roe v. Wade Falls, Minister Says” Posted: May 3, 2022.) As troubling as the leaked draft opinion for those who believe in a women’s right to choose, perhaps just as troubling is the implicit relationship between the nature of democracy and women’s rights. In an April 2021 article by Susan Markham and Stephanie Foster entitled: “Gender Equality is Fundamental to Promoting Democracy”, the authors explain that a democracy’s vitality and health are directly related to the rights of women, minorities, their ability to participate in democratic institutions, and affect policy. Indeed, the health of democracy and the health of a civilized society is directly related to its ability to empathize with those who are underrepresented, whose rights are ignored or diminished after 50 years of legal precedent. Sadly, those who feel most threatened by their loss of power might be better served to remind themselves of the “Golden Rule” that they were taught as children.

          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 the Lord your God. We are holy because of our sacred relationship with 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 beings. Keeping in mind that we are all created B’Tzelem Elokim – the Image of God; we are urged to “be like 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 worker's 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 detail” (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.  After each of these ethical reminders, God provides the mantra Ki Kadosh Ani Adonai Eloheichem – Because Holy am I the Lord your God. Did Bnai Yisroel suddenly forget who they were? Did Bnai Yisroel suddenly forget who God was? So soon after standing at Sinai, receiving the Aseret Dibrot, making the regrettable decision to worship the Egel Zahav, engaging in national Teshuva, and constructing a Mishkan, did Bnai Yisroel really forget that they are part of a sacred relationship? Perhaps these ethical statements and the re-iteration of many of the commandments are put into the context of human relationships because it is much easier to see the immediacy and relevance of these commandments in human terms. At the same time, we need to be reminded that we follow these commandments for two reasons: 1) because God said so and 2) because we have it in us to be holy, to be Godly.  

          At its core, the Golden Rule of “Love Your Neighbor as Yourself” is about empathy. Increasing our empathy for each other might help diminish the vitriol, the mistrust, and the “zero sum game” that some equate with rights and power in demographically evolving democracies.  Perhaps striving to embody  God’s qualities begins with a very small and simple step V’Ahavta L’Rei’echa K’Mocha - You shall love your fellow human being as yourself.         

Peace,
Rav Yitz

Thursday, July 4, 2019

Mother American Night, Here Comes The Light (John Barlow & Bob Weir - "Black Throated Wind")


Both Canada and the United States celebrated this week. On Monday, Canada celebrated The Articles Confederation and its 152nd birthday. On Thursday, the United States celebrated the ratification of the Declaration of Independence and its 243rd birthday. Both the days were marked by people enjoying beautiful summer weather, barbeque, baseball, and fireworks. Both countries are a testament to the sanctity of democracy, a free press, and safeguards to prevent tyranny.  Regarding democracy, Sandra Day O’Connor, the first female Supreme Court Justice of the United States commented: “The freedom to criticize Judges and other public officials is necessary for a vibrant democracy.” In parliamentary governments such as England and Canada, we are able to routinely watch the Prime Minister walk into Parliament and be routinely criticized.  In the United States, political satire and the press that assumes the mantle of criticism. The criticism, is of course, a means by which the executive branch is held accountable, apologizes if necessary, and improves.
This week we read from Parsha Korach. This week's Parsha is Korach. Korach was a relative of Moshe's. They both came from the tribe of Levi. Korach questioned Moshe's authority. He did not do this during a private meeting between individuals. Rather, Korach gathered 250 supporters, and then publicly challenged Moshe. Moshe tried to keep peace within the community but to no avail. A divine test is administered, and Korach and his supporters fail. The earth swallows them up. However, God is angry and a plague falls upon the people. They are communally punished for Korach's actions, their passive support, and their failure to bond together against Korach. Yet the people are still not convinced that Moshe and Aharon should remain in charge, only that Korach was unworthy. So a second divine test is administered this time with 12 rods stuck in the ground and almond branches resulting in Aaron’s staff, thus symbolizing that God has chosen Aharon to be the Kohen Gadol.  The Parsha concludes with God speaking to Aharon and re-iterating his obligations in terms of the Mishkan, the Altar, and the Tent of the Meeting.
Clearly, the most poignant moment in the narrative is the confrontation between Korach, Datan and Aviram, and all their followers with Moshe and Aaron. After witnessing Miriam becoming a leper for speaking against Moshe (Parsha B’Halotcha), after witnessing God’s anger and Moshe’s defense of the people in Parsha B’Halotcha and Shlach Lecha, the rebellion is very troubling. Moshe is shocked by it. He is hurt by it. The fact that he didn’t want the job in the first place, the fact that he went to bat for his flock time after time, leaves Moshe questioning his purpose.  Vayishmah Moshe Vayipol Al Panav – Moshe heard [the complaints] and fell on his face (Num 16:4).  Why did Moshe fall on his face? The Medieval commentators offer a variety of explanations.  Chizkuni, the 13th-century French commentator explains “Moshe fell to the ground in humiliation [at Korach accusation]. Rashi, the 11th-century French commentator explains that “Moshe fell in despair, he felt powerless to appeal to God for the fourth time. He defended the people after the Golden Calf, when they complained for no good reason, and when they heeded the spies. There is an enormous difference between falling due to humiliation or public embarrassment and falling down upon the ground due to despair and the knowledge that one his helpless to fix a bad situation. Soon after he falls to the ground, he figures out, along with God’s help, how to solve the problem and consolidate his authority. Just as important, the people learn the lesson about following the emptiness of cynical self-centered leadership.
However, in the context of Canada Day, Independence Day and the celebration of the success of liberal democracy, Parsha Korach teaches us something about leadership. Perhaps it is a lesson or an indication that democracy is vibrant and successful. Not only is a democracy’s vibrancy based upon the peoples’ ability to criticize the various branches of government, but the target of criticism, when necessary must be able to apologize. When leaders fail to apologize or avoid apologizing, they may think that doing so diminishes their power or that they are not answerable to governed. Let those leaders take a less from Moshe Rabeinu.  Not only did he apologize in a heartfelt manner that was full of remorse and integrity, but he consolidated his power and demonstrated greater humanity and approachability. Both qualities are necessary for successful leadership.

Wednesday, June 10, 2015

I Can't See Much Difference Between The Dark And Light (Robert Hunter & Jerry Garcia - "Comes a Time")



On the weeknights that we sit down to dinner as a family; I insist that the network newscast joins us. Sure we ask the kids about school and friends. However I want them to hear what is going on in the world, to respond, to ask questions, and even to learn something, in particularly about the United States (since they don’t learn about the U.S.  in a Canadian Jewish day school). Frequently they are left feeling pretty good about the U.S. and just as frequently they are left feeling pretty good about Israel. So earlier this week, our children were left with a feeling that I never had to struggle with when I was there age. Never did I feel that I had to choose between being Jewish and American, between Israel and the United States. This week our kids felt as if the Jewish/pro Israel side was at odds with their democratic/American ideals. The United States Supreme court ruled that a person born in Jerusalem cannot have a U.S. Passport that says born in Israel. Why? The President decides on recognizing Capitols of sovereign nations. And this President, like all Presidents since Harry Truman, does not officially recognize Jerusalem as the capital of Israel.  More disturbing was a report that John Kerry believed the rise of ISIS, radicalized Muslim youths, and Jihad was a result Israel’s treatment of the Palestinians and the lack of progress towards a two state solution. Wow! Young Muslims are radicalized because of Israel? Wow! Secretary of State Kerry is ascribing a lot of power to a very small nation with population of approximately 6 million Jews; compared to over a billion Muslims in the world (most of whom live under non-democratic rule). Kerry presented a rather interesting perspective ignoring the US role in the Iraq invasion after Sept 11, 2001, the failure to figure out a comprehensive and decisive strategy in Syria, and any demonstrable concern for the plight of Libya, all of which created vacuums in authority. Besides, experts will say that Muslim young people become radicalized for much more subtle reasons much of which has to do with their own sociological micro issues. Only afterwards does the “radical Muslim Spiritual guide” link the individual micro with the macro geo-political reasons. Yet, here is the Secretary of State of the most powerful country in the world accepting the perspective of Radical Islam, Hamas and Hezbollah regarding who is to blame for the problems of the Middle East. Needless to say, the jaws of our children dropped to the floor when they heard this.

This week’s Torah portion is Parsha Shelach Lecha. The Torah portion begins with the narrative of Moshe gathering up twelve spies, one corresponding to each of the twelve tribes, and giving them the mission. The spies are told to investigate the quality of the land – fertile or barren, its inhabitants - warlike or peaceful, the nature of cities –fortified or open? The spies go and investigate and return. Ten spies offer a negative report and two, Caleb and Joshua, offer a positive report. Bnai Yisroel listen to the ten spies with the negative report and fell utterly overwhelmed at the prospect of entering into the land that Hashem promised them.  Hysterical, the people beg to return to Egypt. Hashem wants to wipe them all out immediately but Moshe defends the people just like he did after the Golden Calf. So rather than wiping out an entire people Hashem punishes Bnai Yisroel by prohibiting this generation from entering into the land. Eventually, when the slave generation has died out, the generations born in freedom will enter Eretz Canaan.  The people hear the punishment and decide they are ready to enter the land. Moshe explains that it is too late since entry into Canaan is ultimately premised upon faith.  Then Moshe begin teaching Bnai Yisroel laws specific and premised upon settlement in the Canaan.  First Moshe teaches the Libation Offering as well as Challah. Next, Moshe teaches the laws of public atonement of unintentional idolatry, individual unintentional idolatry, intentional idolatry, a reminder about violating Shabbat and finally the laws of Tzitzit.

            The ten spies whom Bnai Yisroel chose to believe did not really bring such a negative report. They explained that the land was fruitful and fertile, there were trees and that it was really quite beautiful.  The problem with the report was that it revealed more about the spies and Bnai Yisroel than the land itself. When seeing some of the inhabitants and the physical size of some of those inhabitants.  The Ten spies said Vanhi V’Eineinu Ka’CHaGaVim V’Chain Hayinu B’Eineihem – we were like grasshoppers in our eyes and so we were in their eyes. (Num. 13:33) How do the ten spies know how the Nefilim (the Giants) perceive them? Did they ask the Nefilim? The answer to both questions is “No”. No they don’t know how the Nefilim perceive the Ten Spies and “No”, the Ten Spies did not ask the Nefilim. The spies feel small because from their own perspective and self- image, they are small. When they look in a mirror, they see slaves. They don’t see people who stood at Sinai and received the Torah. They don’t see a people who carry a Mishkan with Hashem protecting them and scattering their enemies. They don’t see a people worthy of Hashem’s daily miracles of Manna, and water.  Instead they carry with them the burden of two centuries of slavery and being slightly less than human rather than being slightly less than angels.  Rabbi Menachem Mendel of Kotzk (The Kotzker Rebbe) explained that this was the root of the spies as well as Bnai Yisroel’s sin. They had no right to consider how others viewed them, nor should they have been at all concerned.  They should have all been spiritually strong enough to realize and accept that they were “priests to the nations” and “chosen by God”. The fact that such spiritual awareness was still lacking even after all the miracles and promises that God made; meant that problem lay with Bnai Yisroel. These former slaves were not ready for the responsibility of land and people hood.

            Perspective really is very powerful and it certainly can substitute for objective reality.  Unfortunately people will see what they want to see. Maybe “honest” politicians are those that clearly state their agenda first and then bend the objective reality to fit the agenda. Maybe the dishonest honest politicians are those that claim no agenda at all. As I listened incredulously to the report and tried to explain it to my kids, finally giving up any desire to defend Secretary Kerry as a supporter of Israel, I reminded our children that he is a former Senator, he is a politician, and politicians want to be liked by somebody. In this case because Kerry is constantly trying to improve relations in the Arab world, and Iran, better to blame the country with 6 million as opposed to a billion Muslims. Ironically, even Saudi Arabia, Jordan and other stable Arab nations are realizing that Israel is not a cause of the rise of Iran/ Isis, but rather can contribute to being a deterrent and therefore an ally to various Arab countries. Maybe Secretary Kerry needs to get a new perspective and a new sense of reality.

Peace,
Rav Yitz