National Scholar Updates

Confronting Hatred: Thoughts for Parashat Toledot

Angel for Shabbat, Parashat Toledot

by Rabbi Marc D. Angel

“Now all the wells which his father’s servants had dug in the days of Abraham his father, the Philistines had stopped them and filled them with earth. And Abimelech said unto Isaac: Go from us; for you are much mightier than we.” (Bereishith 26:15-16)

 

In an arid land, Abraham had his servants dig wells to provide water for people, animals and fields. Rabbinic tradition refers to this as work on behalf of human settlement, yishuvo shel olam. Everyone in the area benefitted from the wells, not just Abraham and his entourage.

Yet, the Philistines’ hatred of Abraham and family was so great, they filled the wells with earth so that no one—not even themselves—would benefit from the water. Why would they do such a malicious and self-destructive thing? What are the sources for such visceral hatred?

The Torah informs us that Abimelech, head of the Philistines, told Isaac to go away from his territory ki atsamta mimenu me’od. This phrase is generally translated: “for you are mightier than we.” Yet, the Philistines were well in the majority and Isaac posed no physical threat to them. On the contrary, Isaac followed his father’s example of being a constructive member of society.

Hatred is not necessarily based on objective reality. To the Philistines, Isaac’s very existence was perceived as a threat. They had their own “conspiracy theory” that Isaac was really more powerful than they, and that he would seek to control and rule them. They were jealous of Isaac’s success and fearful that he would continue to succeed.

Nechama Leibowitz cites various commentators who provide another dimension to this episode. They translate ki atsamta mimenu me’od: for you have become very strong through us. You have plundered us, you have taken away from us in order to enrich yourself.  In this interpretation, the hatred of the Philistines was based not merely on fear or jealousy: it was based on a vicious claim that Isaac was successful because he was exploiting the Philistines. They couldn’t imagine that he was an honest man doing honest work; rather, they imagined him to be a parasite who robbed them of their property.

How was Isaac to deal with such irrational hatred? The Torah tells us that Isaac left Abimelech’s territory, but he also re-dug the wells that Abraham’s servants had dug and that the Philistines had plugged up. As he continued to move away, Isaac’s men dug new wells but were challenged by the other shepherds in the vicinity. He finally found an area where he was left alone.

But no sooner had he re-established himself, Abimelech came after him with the captain of his army. Isaac said: “Why have you come to me seeing that you hate me and have sent me away from you?” Abimelech replies: “We saw plainly that the Lord was with you…Let us make a covenant with you, that you will do us no hurt, as we have not touched you and as we have done unto you nothing but good and have sent you away in peace; you are now the blessed of the Lord.”

Abimelech’s words are remarkable. On the plus side, he realized that Isaac was blessed by the Lord, that Isaac had not deprived the Philistines of anything. He somehow was able to dismiss the “conspiracy theories” that had turned him and his people so cruelly against Isaac.

On the minus side, Abimelech presented himself in a false light. Instead of the hateful leader who drove Isaac away, Abimelech describes himself as one who never did any harm to Isaac but actually only acted nicely to him. He rewrote events to make himself look good and to exonerate himself for his misdeeds.

Isaac did not reject Abimelech’s request for a mutual covenant. They ate a festive meal together, after which Isaac sent off Abimelech on peaceful terms.

This episode points to the roots of hatred and conspiracy theories. It indicates that it is possible for haters to overcome their animosity and actually to see the virtues of those they once feared and despised. And it shows the importance of forgiving those who want covenants of peace, even if their presentation of facts falsely presents them in a positive light.

The story of Isaac and Abimelech repeats itself in various forms throughout history. It is a reminder of human conflict and reconciliation, enmity and peaceful relations. It is a story that speaks to us today.

 

 

 

 

Sodom and the Me-Generation: Thoughts for Parashat Vayera

Angel for Shabbat, Parashat Vayera

by Rabbi Marc D. Angel

 

One who says: “what’s mine is mine and what’s yours is yours” is an average person. Some say this is the characteristic of Sodom. (Pirkei Avot 5:14)

We could understand why such a person is “average,” simply expecting people to be responsible for themselves. But why would such a person be accused of emulating the ways of the wicked city of Sodom?

In Biblical and rabbinic literature, Sodom is identified with egregious evil. Its people are corrupt, selfish, and hedonistic. Sodom is so wicked, the Almighty feels compelled to destroy the city with fire and brimstone.

What were the sins ascribed to the people of Sodom?

Greed: they looked out for their own prosperity but were cruel and inhospitable to others.

Sexual license: they sought their own pleasures without regard for the feelings of others. In the Torah’s account, a mob of Sodomites sought to molest a male visitor who had entered Lot’s home. Lot, the most “righteous” of the residents of the city, offered the mob his two daughters rather than give over his guest.

Uniformity: rabbinic tradition teaches that the people of Sodom had a bed and expected everyone to fit into it. Those who were too short were stretched. Those who were too tall were cut down to size.

At the root of these sins was the philosophy of me first, me mainly, me at anyone else’s expense. The notion of social responsibility was conspicuously absent. The Sodomites wanted everyone to conform to their society’s system…to fit in and not to raise questions or criticisms. What’s mine is mine and I owe you nothing. You are responsible for yourself; if you need help, don’t come to me. I don’t share, I don’t care. Sodom is not a society where the social fabric is based on mutual respect and responsibility; it’s where each person takes as much as possible, and gives away nothing. Anyone who disagrees with this system is an enemy who must be cut to size.

Throughout history, and in our own time, some societies reflect the values of Sodom. People strive to amass as much wealth as possible without consideration for the needs of others. Social pressure leads some to cheat, lie, avoid paying taxes…whatever it takes for them to gain more.

In such societies, people place their own immediate pleasure above issues of morality. Sexual promiscuity becomes normal and widely accepted.

And like Sodom of old, such societies demand conformity to their system of materialism, hedonism, and hatred of outsiders. People mistrust and detest those who aren’t part of their in-group.

Biblical Sodom was destroyed by the Almighty. But later Sodom-like societies tend to destroy themselves. Their corrupt values lead to a societal implosion. Greed creates simmering hostilities between the haves and have nots. Sexual license undermines the stability of family life. The demand for uniformity of thought and behavior leads to a cultural sterilization; it saps creativity, originality, constructive criticism.

But there’s one more thing. The people of Sodom seem to have been entirely disconnected from their past, from any social or moral tradition. They were a “me-generation” whose goals seem to have centered only on themselves. Sodom, like other me-generation societies, sowed the seeds of its own destruction.

Carl Sandburg once observed: "We know that when a nation goes down and never comes back, when a society or civilization perishes, one condition may always be found. They forgot where they came from. They lost sight of what brought them along. The hard beginnings were forgotten and the struggles farther along." ("Remembrance Rock," 1948, pp.18-19)

Sandburg was pointing to a significant feature of a living civilization: it remembers its beginnings, it sees itself as an organic part of the past.  The ancestors have an ongoing vote, albeit not veto power. When this connection with the past is lost, the civilization unravels and declines.

“What’s mine is mine, what’s yours is yours.” Some say this is the philosophy of Sodom. They may well be right.

 

 

 

 

Reflections on Torah Education and Mis-Education

Our community is deeply committed to the transmission of Torah from one generation to the next. We devote tremendous resources to ensure that our children and grandchildren become steeped in Torah knowledge and grow into Torah observant Jews. A critical concern must be how we and our schools transmit the words of Hazal to our students. Obviously, the teachings of our sages are of central importance; it is unfortunate, then, when the words Hazal are taught inappropriately. Religious education becomes mis-education.

In his introduction to Perek Helek, Rambam criticized a literalist, fundamentalist approach to the words of Hazal. Since the sages were wise and reasonable, their words obviously were filled with wisdom and rationality. When their statements seem to veer from reason, we must understand them as being symbolic, homiletical or hyperbolic—not literally true. It would be absurd to call for an acceptance of the literal truth of aggadic and midrashic statements which violate reason or which have later been shown to be factually incorrect.

According to Rambam, those who insist on the literal truth of all the statements of Hazal are not only doing a disservice to our sages, but are corrupting our religion. “This group of impoverished understanding—one must pity their foolishness. According to their understanding, they are honoring and elevating our sages; in fact they are lowering them to the end of lowliness. They do not even understand this. By Heaven! This group is dissipating the glory of the Torah and clouding its lights, placing the Torah of God opposite of its intention.” Rambam believed that demanding acceptance of Hazal’s words even when they were patently unreasonable or incorrect, was not a demonstration of loyalty to the rabbis; rather it was a serious demeaning of their intellectual credibility. Reasonable people would come to dismiss the rabbis as serious thinkers, and would lose confidence in their religious authority.

Rabbi Abraham, son of Rambam, noted that one must not accept the truth of a statement simply on the authority of the person who stated it. Rather, we must use our reason to determine its validity. Moreover, it is intellectually unsound to accept blindly the teachings of our sages in matters of medicine and natural science, since these were not their areas of expertise. “We and every intelligent and wise person, are obligated to evaluate each idea and each statement, to find the way in which to understand it; to prove the truth and establish that which is worthy of being established, and to annul that which is worthy of being annulled….We see that our sages themselves said: if it is a halakhah [universally accepted legal tradition] we will accept it; but if it is a ruling [based on individual opinion], there is room for discussion.[1]

Rambam and his son argued that one need not and must not suppress reason to be a religious person. We should not be expected to surrender reason when we evaluate rabbinical statements. Nor should we teach Torah to our children and students in a manner that demands blind obedience and suspension of reason. Otherwise, they will grow up one day and realize that we have taught them irrational or incorrect things; this will cause them to mistrust everything we have taught them.

These thoughts have come to mind recently due to a number of specific cases.

1.A ten year old boy’s day school class was told by their Torah teacher that dinosaurs never existed. Since rabbinic tradition teaches that the world is less than 6000 years old, it is not possible that scientists can be correct when they state that dinosaurs lived on earth millions of years ago. The boy told his teacher that he recently visited the Museum of Natural History in New York City and saw dinosaur bones with his own eyes! How could the teacher deny that dinosaurs existed? The teacher responded: “you did not see dinosaur bones. What you saw were dog bones that became swollen during Noah’s flood.”

2. A science teacher in a modern Orthodox day school was dissecting a sheep’s larynx as part of a science lesson for her eighth grade class. Some students noticed that the wind pipe was in front and the food pipe was behind it. The students said: this can’t be correct. We learned in Torah class that the food pipe is on the left and the wind pipe is on the right. That is why we recline to the left on Passover eve at the seder, so that the food will go straight down the food pipe. If we leaned to the right, the food would go to the wind pipe and we could choke. The teacher asked the students to look at the sheep’s larynx: they could see for themselves that the pipes were located one behind the other, not side by side. A student suggested that this may be true for sheep, but could not be true for humans. The teacher pointed out that the physiology for humans was the same. After class, the teacher discussed this issue with various Jewish studies teachers and administration members. Most had assumed that the pipes were side by side. Even when presented with the scientific facts, they were reluctant to accept this information. One teacher said: “I would find it difficult to teach something that goes against Hazal.” (But he apparently would not find it difficult to teach something that was demonstrably false!)

3. A junior high school class was studying the laws relating to washing hands in the morning. The teacher explained, following the Shulhan Arukh (O.H. 4:2-3), that the hands are washed in order to eliminate an evil spirit (ruah ra’ah). One is not allowed to touch the eyes or other sensitive parts of the body before washing hands, otherwise there is a danger that the evil spirit will cause harm. One student asked: what is the meaning of evil spirit? Most people in the world don’t wash their hands in the ritually prescribed way first thing in the morning. They touch their eyes and ears—but no harm seems to happen to them! Does the evil spirit only affect religious Jews, and no one else? The teacher told the student he was being impudent, and that it was a principle of faith that we should trust the wisdom of our sages. If the Shulhan Arukh says that there is a dangerous evil spirit on our hands in the morning, then that is absolute fact, not subject to doubt on our part.

4. While studying the Torah portion dealing with the marriage of Yitzhak and Rivka, students were told by their teacher that Rivka was three years old when she provided water to the camels of Abraham’s servant, and when she soon thereafter married Yitzhak. This, of course, is a midrashic teaching. A student asked: how was it possible for a three-year-old girl to water camels? It would have required far too much strength for any child so young. Moreover, if she were only three years old, why did her father ask her if she were willing to leave home to marry Abraham’s son: she would have been far too young to make such a decision. Also, is it reasonable to think that a forty year old man like Yitzhak would actually marry a three-year-old girl? The Torah’s description of Rivka certainly implies that she was much older than three. The rabbi responded: if Hazal say that Rivka was three years old, that’s how old she was! There is no room for further discussion.

5. A kindergarten student brought home a packet with pictures describing the story of Megillat Esther. One of the pictures depicted Vashti with pimples and a green tail. The child’s parent asked the teacher why she had included such an odd picture, when there was nothing in the text of the Megillah that warranted such a bizarre rendition of Vashti. The teacher replied that that is how she had learned the story, and that it was based on a midrashic description of Vashti. The parent asked why the teacher did not tell the students that this was from the midrash, and not in the text of the Megillah. The teacher responded that the teachings of Hazal in the midrash provide the true meaning of the text, and that there is no need to differentiate between the biblical text and rabbinic interpretation.

The above cases, reflective of the educational approach of many religious schools and individuals, are symptomatic of serious problems in the way our community transmits Torah teachings. The fundamentalist, literalist position—so vehemently criticized by Rambam—still holds sway among many Orthodox Jews. It is incumbent upon rabbis, teachers and parents to steer Torah education towards a rational and reasonable understanding of the words of our sages.

Torah and Science:

Since One God created both Torah and science, it is axiomatic that Torah and science can never be in fundamental conflict. Torah and science are manifestations of One God, the Author of truth. If Torah and science appear to be at odds on certain points, then either we have not understood Torah properly or we have not done our science correctly.

Scientific knowledge has progressed tremendously since ancient times. Each generation has contributed to the cumulative knowledge of humanity, and this process continues in our generation; it will continue in future generations as well. With the advent of new tools of research, scientists have been able to expand the horizon of scientific knowledge. If ancient or medieval sages believed that the earth is flat, that the earth is the center of the universe, or that the sun orbits around the earth—this can hardly be surprising, since that is what their level of scientific knowledge was in those times. Nor can they be faulted for not knowing things that were discovered or theorized long after their deaths. Rashi thought that the Atlantic Ocean was “the end of the world”; Rambam believed that the Ptolemaic system of astronomy was correct; Hazal thought that eclipses were signs of Divine wrath rather than predictable natural phenomena. It would be absurd to defend the outdated scientific views of these sages, since we now know that their views have proven to be incorrect. The sages based themselves on the best available scientific information; but later research and discoveries have led to more precise and accurate information. We need to address issues based on the current level of scientific knowledge. Let us turn to the question of the age of the universe, in light of Torah tradition and modern science.

Ancient Jewish sages calculated the age of humanity by adding up the ages of Biblical characters from the time of Adam. There were differences of opinion as to the exact age, since the Biblical account leaves some room for interpretation.[2] The Bible itself does not use the anno mundi (from the creation of the world) dating system, and the dating system that we currently use (5766 at the writing of this article) seems to have become widespread only after Talmudic times. The Tosafot (Gittin 80b, Zo Divrei Rabbi Meir) wonders why it is permissible to date bills of divorce from beriat olam, when in fact early divorces (and other documents) were dated based on the year of the ruling king of the land in which Jews resided.[3]

In fact, though, the current dating system does not date from the creation of the world, but from the creation of Adam. Literalists assume that the age of the world is reached by adding the first five days of creation to Adam’s age. This would mean that the world was created less than six thousand years ago—hence the impossibility of anything existing before that time. But we have unequivocal fossil evidence of beings that existed millions of years ago, and other scientific evidence that the universe came into being billions of years ago. The literalists solve the dilemma by denying the existence of anything prior to 5766 years ago. They dismiss scientific evidence as inaccurate, false, or based on wrong scientific assumptions. They stake their faith on the truth of the world being 5766 years old. Dinosaurs could not have existed millions of years ago; when we see dinosaur bones, we are really seeing “dog bones that were swollen during Noah’s flood”; or bones that God planted just to fool us into thinking the world was older than 5766; or bones which have been dated wrongly due to the ineptitude of scientists.

Yet, does the Torah really require us to deny scientific evidence in order to justify the anno mundi dating system? The Rambam would argue that the opposite is true, namely that we should seek truth and thereby come closer to the Author of truth. If science has demonstrated beyond reasonable doubt that dinosaurs existed millions of years ago, then we need to reject the literalist view that the universe is 5766 years old.

It has been pointed out that the six days of creation were not 24 hour days. Indeed, the sun was not created until the fourth day, so there could not have been a sunset or sunrise on the first three “days”. The word “days” might better be understood to mean “periods” of indeterminate length. At each period of the creation, there was a development from a simpler stage to a more complex stage. Since these six “days” of creation could have lasted billions of years by human calculation, then dinosaurs had ample time to live and become extinct before Adam and Eve were created on the sixth “day”.

Rabbi Aryeh Kaplan has cited classic rabbinic texts asserting that the world is much older than the 5766 years implied by our current dating system. The Sefer ha-Temunah, attributed to the Tanna Rabbi Nehunya ben ha-Kanah, suggests that there were other worlds before Adam was created. The Midrash Rabba on Bereishith 1:5 teaches that there were “orders of time” prior to the first day of creation recorded in the Torah. The Talmud records the view that there were 974 generations before Adam (Hagigah 13b).

Most interesting is the view of Rabbi Yitzhak of Akko, a student and colleague of the Ramban and one of the foremost Kabbalists of his time. In examining one of Rabbi Yitzhak’s important works, Ozar ha-Hayyim, Rabbi Kaplan discovered that Rabbi Yitzhak adduced that the universe is a bit over 15.3 billion years old! This theory by a medieval kabbalist, based on interpretations of Biblical and rabbinic texts, is remarkably close to the calculations of modern science that dates the “Big Bang” at approximately 15 billion years ago.[4] Rabbi Yitzhak felt no need to offer farfetched explanations to keep the universe within the 6000 year range. He, and his many pious colleagues and students, had no problem at all positing a universe that was billions of years old; they did not see this calculation as in any way impinging on the truth of Torah. It is significant, then, that we have legitimate traditions in Torah Judaism that view the universe as being far older than 5766 years.

Our schools should not be teaching our children that dinosaurs did not exist. They should not be telling children that the dinosaur bones are just “dog bones swollen in the flood of Noah’s time”. This is not Torah education, but mis-education. Not only is there no religious necessity to teach such nonsense; it is a religious mandate NOT to teach falsehood. To cloak falsity in the clothing of religion is to undermine true religion.

Likewise, in the matter of the location of the wind pipe and food pipe, it is educationally and morally unsound to teach patently false information in order to “validate” the mistaken notions of sages of earlier generations. The Talmud (Pesahim 108a) states that reclining backward or to the right is not a valid way of reclining, adding the explanation that leaning incorrectly may endanger a person by causing the food go down the wind pipe. Rashi states that this explanation refers to leaning backward. Rashbam, though, takes issue with Rashi and cites his teachers who claimed that the esophagus was on the right; when a person reclines to the right, this causes the epiglottis to open, increasing the possiblity of choking. (The more usual explanation is that the wind pipe is on the right, so that leaning to the right may result in choking.) Although neither Rambam nor the Shulhan Arukh cite this explanation, it was cited by the Magen Abraham and the Taz—and became a widespread teaching.[5] Yet, it is factually incorrect—and therefore certainly should not be taught as the reason why we recline to the left.

When teaching children to recline to the left at the seder, a suitable explanation is that in antiquity free people ate while sitting on couches. They reclined to the left so that their right hand would be available to hold their food. If someone should ask: don’t we lean to the left because that is where our food pipe is, the answer is: some people mistakenly thought this was the reason, but it is not the correct reason. The food pipe and wind pipe are not side by side.

As a general principle, we need to emphasize to our children and students that Hazal’s statements on science were based on their level of scientific knowledge. Our sages themselves admitted that the wise men of the non-Jews had greater knowledge in some scientific matters (Pesahim 94b). Rabbi Haim David Halevy observed: “If it becomes clear through precise scientific method that a specific idea expressed by our sages is not entirely correct, this does not mar their greatness, Heaven forbid, and their greatness as sages of Torah. Their words relating to Torah were stated with the power of the holiness of Torah with a kind of divine inspiration; but their other words on general topics were stated from the depth of their human wisdom only.[6]

Ruah Ra’ah:

Many of our sages in earlier generations believed in demons (shedim), malevolent metaphysical forces (e.g. ayin ha-ra), astrology, and other such things. So did many of the wise and learned non-Jews of those times. These beliefs are not only cited in the Talmud but in some cases also have entered into a number of standard halakhic codes. How are we to understand these sources, and how are we to explain them to our children and students? Let us consider one such concept, ruah ra’ah, as an illustration of how to address this issue.

The Shulhan Arukh (O.H. 4:2) rules that one must pour water three times on each hand upon awakening, in order to remove the ruah ra’ah, an evil spirit that clings to the hands. In 4:3, the Shulhan Arukh states that before washing the hands, a person should not touch his mouth, nose, ears or eyes. Since the unwashed fingers have a ruah ra’ah on them, touching these sensitive organs is dangerous.

Various commentators have offered explanations of the nature of this ruah ra’ah. Some say that it clings to the hands because during sleep a person’s hands may touch various parts of the body and become unclean (physically and/or spiritually). Others say that sleeping is akin to death; just as one needs purification when coming into contact with death, so one needs purification when awakening from sleep. The Zohar states: “For when a person is sleeping, his spirit flies away from him, and as his spirit flies off, an impure spirit is ready to settle on his hands, defiling them. So it is forbidden to offer a blessing with them without first washing.”[7]

While the halakha mandates the ritual washing of hands in the morning, is the belief in ruah ra’ah a religious requirement? Can the washing of hands be explained in another way?

Rambam cites the rule of washing in the morning, in the laws of prayer (4:2-3). Washing of the hands (and face and legs as well) is part of the proper preparation for coming before the Almighty in prayer. Rambam does not mention ruah ra’ah at all! He apparently believed that the obligation to wash before prayer was a matter of physical cleanliness and ritual purification, but was not connected to ruah ra’ah. Taking Rambam’s approach, then, we can observe and teach the practice of ritual washing in the morning without conditioning it on a belief in ruah ra’ah.[8]

While Rambam dismissed the notion of ruah ra’ah as the reason for washing hands in the morning, other sages were not as forthright. Though doubting that ruah ra’ah can cause bodily injury, they were reluctant to reject a belief recorded in the Talmud and other rabbinic texts. They resolved the problem by proposing that the ruah ra’ah existed in past times, but has lost its efficacy in modern times. The Maharam ben Habib, for example, pointed out: “in our times, we have never seen nor heard of anyone touching his eyes with unwashed hands in the morning, who then became blind [because of this]; therefore [it must be that] ruah ra’ah of the morning is no longer found among us.”[9] The opinion that ruah ra’ah has lost its efficacy in our times was also expressed by the MaharShaL, Eliyah Rabbah and others.[10]

Rabbi Haim David Halevy, a great posek who was also devoted to the Zohar, noted that there are many topics that transcend our understanding, including the concept of ruah ra’ah. The ruah ra’ah refers to matters in the spiritual world which are beyond our power of reason to comprehend. Yet, when he describes the fulfillment of the hand-washing, Rabbi Halevy provides a meaningful and reasonable explanation: “Since the intention of the heart is the essence of fulfilling commandments, it is fitting that one should think at the time of washing that in this way he prepares himself for the service of the Creator, just as a priest who washed his hands in the Temple.”[11]

Obviously, we must observe and teach the halakha of the ritual washing of hands in the morning. But we are not obliged to believe or inculcate a belief in ruah ra’ah. When teaching the Shulhan Arukh’s text on ruah ra’ah, we can explain that many people believed in this concept in those days; that Rambam did not even mention the term in his codification of the rules of washing in the morning; that it is not religiously required to believe in this concept. It can also be pointed out that various sages suggested that ruah ra’ah has lost its efficacy in our times, i.e. that it is no longer a relevant concept for us. We can explain hand-washing as a ritual purification after sleeping at night; or as a ritual purification in preparation for prayer. It is inappropriate to insist that children believe in ruah ra’ah as a tenet of our religious tradition. It is wrong to teach that touching one’s eyes, nose, mouth or ears with unwashed hands will cause bodily harm. It is pedagogically and intellectually unsound to compel students to accept things that are demonstrably false, and to dress such teachings in the garb of religious truth. This can only lead to the degradation of religion in the eyes of the students as they grow older and more sophisticated in their thinking. They may come to equate religion and superstition—a very dangerous and unfortunate eventuality.

The Nature of Midrashic/Aggadic Statements:

While some rabbinic opinion has favored a literalist interpretation of the words of Hazal, other rabbinic opinion has sharply rejected this approach.[12] Rabbi Zvi Hirsch Chajes, an ardent defender of the wisdom of Hazal, made an obvious point: “There are several subjects in the Gemara whose meaning cannot be taken in a literal sense, because the text expounded literally would depict God as a corporeal being, and would also at times involve an act of blasphemy. We should, and we are, indeed, duty-bound to believe that the transmitters of the true Kabbalah, who are known to us as righteous and saintly men and also as accomplished scholars, would not speak merely in an odd manner. We must therefore believe that their words were uttered with an allegorical or mystical sense and that they point to matters of the most elevated significance, far beyond our mental grasp.”[13] Rabbi Chajes offered examples of rabbinic teachings that were stated rhetorically in order to stir the curiosity of listeners; that expressed profound ideas in figurative style; that employed parables and hyperbole. To take these midrashim literally would be to misunderstand totally the methods and the messages of Hazal. [14]

Rabbi Haim David Halevy pointed out that Hazal often disagreed with each other in their midrashic interpretations. It is impossible that two opposite opinions can both be historically true. For example, the Torah reports that after the death of Yosef a new Pharaoh arose over Egypt. Rav suggested that this referred to an actual new Pharaoh. Shemuel, though, interpreted this to mean that the same Pharaoh made new decrees against the Israelites. These statements cannot both be true.[15] Neither Rav nor Shemuel offered historical evidence or tradition to support his view; rather, their opinions flowed from their own reading of the Biblical text.

Hazal’s interpretations were often made to convey a moral lesson, not to comment on actual historical events. For example, Rav Nahman suggests that Yaacov and family, on their way to Egypt to reunite with Yosef, stopped at Beer Sheva and chopped down trees that had been planted by Abraham. They took this wood with them to Egypt, and kept it throughout the centuries of their captivity. When they left Egypt, they brought this wood with them, and used it in building the Mishkan in the wilderness. [16]This is a beautiful way of tying together the history of the Israelites with their original ancestor, Abraham. Yet, there is no reason to assume that Rav Nahman did historical research that led to this interpretation, and there is no compelling reason to believe that he had an ancient oral tradition on this point; nor did he claim to have one. The significance of his interpretation has nothing to do with its historicity, but everything to do with the lasting influence of Abraham on the children of Israel.

Since Hazal utilized various literary and rhetorical techniques, it is essential to approach their statements with care. It is also essential to recognize that their interpretations reflect their own particular views, rather than a clearly defined, divinely ordained oral tradition.

Hai Gaon taught that the aggadah included statements by rabbis where “each one interpreted whatever came to his heart.” We do not rely on the words of aggadah, but view them as personal opinions.[17] Sherira Gaon taught that aggadah, midrash and homiletical interpretations of the Bible were in the category of umdena, personal opinion and speculation.[18] The Gaon Shemuel ben Hofni stated: “If the words of the ancients contradict reason, we are not obligated to accept them.”[19]

The non-literalist view of Hazal’s statements has a long and distinguished tradition including the Gaonim, Shemuel ha-Naggid, Rambam and his son, Ramban and so many others. In more recent times, the view was well expressed by Rabbi Samson Raphael Hirsch, who noted that “aggadic sayings do not have Sinaitic origin….Nor must someone whose opinion differs from that of our sages in a matter of aggadah be deemed a heretic, especially as the sages themselves frequently differ.”[20]

When we teach midrashim/aggadot, we must be sophisticated enough to view these passages in their literary and rhetorical context. We must not force a literalist interpretation, especially when such an interpretation violates reason, or when alternative valid interpretations are also available.

Some sages examined the Biblical stories and calculated that Rivka was three years old when she watered the camels of Abraham’s servant. This calculation, recorded in Seder Olam, assumes that Abraham sent his servant to find a wife for Yitzhak immediately after the Akedah. Yet, the Torah itself does not specify if this occurred immediately after the Akedah or if there was a lapse of some years between stories. The Tosafot (Yebamot 61b, vekhein hu omer) reports a rabbinic calculation which concludes that Rivka was fourteen years old at the time she watered the camels! Thus, even within classic rabbinic literature there is a difference of opinion as to how old Rivka was. The view that she was three years old apparently wishes to underscore the unusual, even miraculous, qualities of Rivka. The view that she was fourteen years old apparently wishes to understand the text in a more realistic light. Rivka obviously was old enough and mature enough to water camels, to decide to leave home to be married, and to marry Yitzhak.

When discussing the age of Rivka, then, it is fine to relate the rabbinic tradition that she was three, as a midrashic way of underscoring the unusual qualities of Rivka, just as a midrash has Abraham discovering God at the age of three. But it should also be noted that a valid rabbinic tradition holds that Rivka was actually fourteen at the time (and Abraham was forty, forty-eight or fifty-two when he discovered God). This view, of course, is more reasonable. No parent or teacher should insist that a child or student must believe that Rivka was three “because Hazal said so”. Hazal also said she was fourteen! Midrashic statements are often made to convey a lesson, not to record historical truth. In presenting midrashim, we need to examine their underlying lessons.

When the midrash is taught as though it is an integral part of the Biblical text, this does violence to the Biblical text—and also to the midrash. Students should always be able to differentiate between what is stated in the text, and what is later rabbinic interpretation. This is especially true when midrashim present supernatural or very odd details; students may come to believe that these midrashic elements are actually part of the Bible. If they later reject these strange midrashim, they may feel they are actually rejecting the Bible itself—and this may lead to much spiritual turmoil.

A well known tendency of midrash is to glorify the righteous characters and to vilify the wicked characters. Biblical heroes become larger than life in their goodness; and Biblical villains are characterized by all sorts of vices and defects. This is part of the story-telling and moralizing method of midrashic literature. This midrashic method should be taught to students, so that they become familiar with the style of Hazal in praising the righteous and condemning the wicked. This method will help us to understand the midrash’s presentation of Vashti.

The text of the Megillah tells us very little about Vashti. We do not know why she refuses to appear at the command of the king. Her refusal could be interpreted very positively: she was modest, and she was courageous in refusing her husband’s inappropriate command. But the midrashic mindset wants to vilify Ahashverosh—and also his wife. It is suggested that Vashti descends from the wicked Nebuchadnezar; that is why she is a “good” match for Ahashverosh. They are both corrupt people. If she is part of Nebuchadnezar’s evil family, she too must be evil. Then why didn’t she appear at Ahashverosh’s command? The reason could not be because she was modest or courageous; that would impute virtues to her. So the midrash suggests, perhaps with outlandish humor, that Vashti was stricken with hideous physical defects—pimples and a tail—so that she was embarrassed to appear before the king and his retinue. That is why she refused to come. This depiction deprives Vashti of moral virtue, and makes her a comical character punished with physical defects symbolic of her wicked soul.

I wonder what the point is of teaching this midrashic interpretation to kindergarten children. It is unlikely that they will understand the midrashic method underlying this description of Vashti. Teachers may like to teach this in order to make the children laugh and have their imaginations aroused. Yet, in the long run this lesson does damage to the children unless the teacher makes it very clear that this is a midrashic vilification of Vashti, not the description found in the Megillah’s text. Hazal never claimed that their midrashim were to be indistinguishable from the Biblical text, nor should we make that claim for them.

The points made in this article should seem fairly clear and obvious to all those interested in proper Torah education. Yet, the fact is that much mis-education is found in our homes, synagogues and schools. A simplistic, literalist approach to the words of Hazal continues to be influential—and very widespread. This is not only intellectually and pedagogically unsound: it is a degradation of Torah and Hazal, as pointed out by the Rambam. We all need to raise our voices for the sake of Torah, truth and the religious wellbeing of our future generations.

[1].See his Ma-amar Odot Derashot Hazal, printed in the introductory section of the Ein Yaacov.[
[2] Azariah de Rossi (1511-1578) pointed out the discrepancies in the rabbinic calculations in his Meor Enayim, Vilna, 1865, in the section Yemei Olam. See especially pp. 64f and pp. 223f.
[3] See Isaac S. D. Sassoon, Destination Torah, Ktav Publishing House, Hoboken, 2001, pp. 4-5.
[4] Aryeh Kaplan, Immortality, Resurrection and the Age of the Universe: A Kabbalistic View, Ktav Publishing House, Hoboken, 1993, p. 9. See also Nathan Aviezer, In the Beginning, Ktav Publishing House, Hoboken, 1990.
[5] Rambam, Hilkhot Hamets U-Matsah 7:8; Shulhan Arukh, O.H. 472:3, and the Magen Abraham and Taz on this passage. The Tur, O.H. 472, inverses the opinions of Rashi and Rashbam.
[6] Asei Lekha Rav, Tel Aviv, 5743, 5:49
[7] The Zohar, translation and commentary by Daniel C. Matt, Stanford University Press, Stanford, 2004, vol. 1, p. 70. See also note 524 on p. 69.
[8] See the discussion of the Arukh ha-Shulhan, O.H. 4, where he cites others who view the hand-washing as preparation for prayer.
[9] Cited in note 8 of Yalkut Yosef, by Yitzhak Yosef, Jerusalem, 5745, volume one of Tefillah, pp. 9-10.
[10] Ibid.

[11] Mekor Hayyim, Jerusalem, 5743, vol. 1, 2:5. For a discussion of Rabbi Halevy’s approach to halakha and kabbala, see Marc D. Angel with Hayyim Angel, Rabbi Haim David Halevy: Gentle Scholar and Courageous Thinker, Urim Publications, Jerusalem, 2006.
[12] For a discussion of both traditions in rabbinic literature, see my article “Authority and Dissent: A Discussion of Boundaries,” in Tradition, 25:2, Winter 1990, pp. 22f.
[13]The Student’s Guide to the Talmud, London, 1952, p. 201. See also his discussion on p. 208f.
[14] Ibid., chapters 26-30.

[15] Asei Lekha Rav 5:49.
[16] Midrash Rabbah ha-Mevoar, Jerusalem, 5748, vol.4, Bereishith 94:4
[17] Ozar ha-Geonim, ed. B. M. Lewin, Jerusalem, 5692, vol. 4 (Hagigah), pp. 59-60.
[18] Ibid., p. 60.

[19] Ibid., pp. 4-5,

[20] Joseph Munk, “Two Letters of Samson Raphael Hirsch, a Translation,” L’Eylah, April, 1989, pp. 30-35.

Who is "Orthodox"? Who is "Religious"? Who is Just "Observant"?

Before questioning the usefulness of the word “Orthodox,” let’s first acknowledge the need that this term serves. Congregations, like individuals, find benefit in affiliating with congregations of similar direction. Such affiliation provides the weight of numbers when larger issues, such as intermarriage and conversion, separation of church and state, recognition of homosexuals as congregants, and political positions on national and international issues, need to be addressed. Umbrella organizations also facilitate the establishment of religious standards for prayer, the ordination of rabbis, and the certification of teachers. They streamline fundraising. So, inevitably, groups such as the Union of Orthodox Jewish Congregations, the United Synagogue of Conservative Judaism, and the Union for Reform Judaism have come into being. The assumption that all individuals whose congregations are served by one of these umbrella organizations subscribe to the general standards of that organization is false.

That said, when used to categorize individuals, the word “Orthodox” (and its cognate, “religious”), its flavor of piety notwithstanding, is often a troublemaker: In the misconceptions it generates, in the provocation and divisiveness it engenders. In English or in its Hebrew equivalent, dati, it often conveys unintended meanings.

The term Orthodox is misleading because it hints at a uniform standard of religious conduct that, in reality, does not exist. When used to enforce exclusivity—the holier-than-thou phenomenon—it can become haughty, condescending, downright mean: ‘I am more Jewish than you.’

My brother, who is not at all ignorant when it comes to things Jewish, but who grew up in a Conservative home, with somewhat limited contact with Orthodox Jews, asks frequently if A or B is Orthodox, citing some degree of observance or dress. I, who belong to an Orthodox synagogue and have more extensive contact with Orthodox Jews—both in the United States and in Israel—am hard pressed to provide a sharp answer.

Outer appearance parameters vary too greatly to be instructive: head covered or not (yarmulke in all its forms or black hat for men; kerchief, hat, or wig for women); beard or clean shaven; tsitsith (prayer fringes) for men (worn inside one’s pants, outside, or not at all); slacks or floor-sweeping dress; how much of a woman’s arms are covered.

Is a man with an untrimmed, straggly beard more Orthodox than one who keeps his beard well groomed? What about a woman who doesn’t cover her head, who wears pants, who exposes her shoulders? Can she still be considered “Orthodox”?

Over the past winter, I spent a few days at Kibbutz S’de Eliyahu, an established Orthodox kibbutz in Israel’s Jordan Valley. Confused by the menagerie of women’s attire at the kibbutz, I put this question to Beni Gavrieli, a transplanted American, with Conservative roots, who has lived at the kibbutz for two decades and has adapted to the Orthodox way of life. He proved sensitive to the question.

Beni told me that at S’de Eliyahu you find four types of women: those who cover their heads and wear long skirts, those who don’t cover their heads and wear long skirts, those who cover their heads and wear pants, and those who don’t cover their heads and wear pants. What is the conclusion? That women who don’t cover their heads and wear pants are not Orthodox? That S’de Eliyahu is not a religious kibbutz? That, when it comes to dress, Orthodoxy has no definable criteria? Nadia Matar, the noted Israeli activist and founder of Women in Green, an observant Jew by all standards, keeps her head uncovered at home, and, perhaps in deference to others, dons a baseball cap when she leaves the house.

An Israeli cousin with an Orthodox pedigree (graduate of Netiv Meir Yeshiva High School in Jerusalem and the hesder religious study-army service program), told me that the kerchief that Orthodox women wear on their heads “looks like a rag.” A year later, he got married. And what does his wife wear on her head? Right.

The unattractive (some call “dumpy”) dress of religious women, as much as anything, molds the negative image that the non-Orthodox (Jew and Gentile) carry of Orthodox Jews. Before meeting my cousin’s wife, from her picture alone, I had this same gut feeling of unworldliness. It turns out that she has two university degrees and is well traveled. I wonder whether her dress is out of choice or out of a need to meet standards of family and friends.

Whether or not one wears a yarmulke at all times is one of the most reliable outer dress indicators of whether a man is Orthodox. And if you are a perceptive observer, you can draw useful conclusions about the religious inclinations of the wearer by what sits on his head (broadcloth yarmulke, knitted yarmulke with bobby pins or clips, large knitted yarmulke, black yarmulke without pins, hats—black and otherwise).

But all who tend toward an observant lifestyle do not wear yarmulkes full time. Many take their skull caps off when not praying. Orthodox lawyers sometimes go bareheaded in court so that their religious preference does not influence the proceedings. Other times, people are just inconsistent. Some eat with their heads covered on the Sabbath, but not on weekdays or when eating out. A Reconstructionist rabbi I know puts on a yarmulke whenever he goes into a kosher restaurant, but not when he goes into a non-kosher restaurant. If at my Orthodox synagogue all who removed their yarmulkes after prayers (and by common perception are not Orthodox) were disqualified, there would be no minyan (quorum) at many weekday services.

Nowadays, particularly among rabbinical students, there are Conservative Jews who walk around with knitted yarmulkes on their heads all the time. They would bridle at being described as Orthodox. Yet, in behavior, if not in philosophy, they differ little if at all from Orthodox Jews.

♦ ♦ ♦

The degree of Sabbath observance is usually very predictive of whether or not one is Orthodox. Those who call themselves Orthodox Jews do not use electricity on the Sabbath; they don’t answer the phone, watch television, or listen to the radio; they don’t write or use computers. But you don’t know what they do in their own homes when no one is watching. The wife of a cousin in Israel once told me that occasionally her husband, who prayed daily, and was very careful with what he ate when traveling overseas for his work, would flip on the light by his bed on Friday night to read. Is he alone among those who call themselves Orthodox?

And there are practical considerations. My late uncle, an Orthodox Jew, who at the most inopportune moments could be seen drifting into a corner to pray and kept his head covered at all times, routinely returned home after dark on Friday afternoon in the winter. He ran a small business and could find no alternative. Many religious Jews fit into that category.

♦ ♦ ♦

With Sabbath observance, eating kosher food is certainly the most instructive parameter of being a religious Jew. But what does keeping kosher mean?

Even if you were given free access to poke around in someone’s kitchen and cupboards, you might come away with the wrong conclusion.

Orthodox kitchens customarily have two sinks, to maximally separate meat and dairy. But some families who live in small spaces suffice with one sink and separate sink boards. Others use one sink and two drainboards. Some don’t worry about sinks and drainboards.

It is usually permissible for drinking glasses to be used interchangeably for meat and dairy. But what about glass plates, which are no more absorbent?

Some of the food in the pantry or refrigerator you are exploring might lack kosher certification, but be perfectly kosher. The manufacturer might not be willing to be blackmailed by the certification agency. Or the foods—tea, coffee, spices, pasta, oils, sugar, salt, frozen vegetables—might be intrinsically kosher and the household unwilling to submit to nonsensical certification, which stretches to aluminum foil, wax paper, and plastic bags. And there is the concept of glatt kosher, which has no halakhic or logical basis.  You cannot be more kosher than kosher.

Where and what Orthodox Jews eat outside of their homes often tells little about their Orthodoxy. There are those who will not eat in a kosher certified restaurant that is not Sabbath-observant, oblivious to the fact that it is the food that is being certified, not the restaurant or its workers. Some religious Jews will eat cold food in a restaurant serving non-kosher food; some will only eat salads; others will eat fish. Some will have a cup of coffee and no more. An Orthodox lawyer friend of mine, the former president of a prominent Orthodox congregation, will not eat in Fine & Schapiro, a noted kosher restaurant in Manhattan with a letter of certification in the window, because the restaurant is open on Saturday. But he will order a tuna fish sandwich in a non-kosher restaurant. The patterns of compromise and inconsistency are endless.

♦ ♦ ♦

Understanding the wide variation of Orthodox practice is crucial because the larger American Jewish population, not to speak of non-Jews, cannot differentiate between shades of Orthodoxy. The image that they carry of Orthodox Jews is of the narrow, judgmental, uncompromising, holier-than-thou segment that sees itself as the savior of the Jewish people.

No one knows what percentage of Orthodox Jews falls into this “holier-than-thou” category. But they are sufficient to blur the image of observant Jews. Such holier-than-thous will take pains to straighten the tefillin on the head of a visiting parishioner, claiming that it does not meet the hairline criteria; remove the light bulb from the refrigerator of a home that they are visiting before the onset of the Sabbath; scrutinize the mezuzot on doorposts and comment if they do not contain real parchment; turn an upward pointing etrog (citron) downward just as someone is reciting the lulav benediction on Sukkot. They are boorish, intolerant, unable to look you in the eye as equal Jews. Their way is the only way.

In our family, my father, whose name is known to many of all religious stripes for his best-selling, non-judgmental books on Judaism, was uninvited from taking part in the wedding ceremony of his niece at the last moment because, as a Conservative rabbi, he was deemed insufficiently Jewish.

Surprisingly, in my experience, the holier-than-thou attitude is more common among a segment of the American Orthodox population than among those who call themselves religious in Israel (and know on average a great deal more about Jewish religious practice than their American cousins). Perhaps it is the siege mentality of being a remnant minority in a sea of non-Jews.

♦ ♦ ♦

You can’t delve very far into a discussion of religious practice without confronting the question of consistency. Few Orthodox Jews fulfill all of the religious duties they think they should all the time. Inconsistency is what makes Orthodoxy such an elusive concept.

If a practicing Jew expects others to be tolerant of his religious customs, which are not adhered to by most Jews, he cannot refuse to eat in a friend’s home because it is not kosher while routinely eating a dairy sandwich in a non-kosher coffee shop. He cannot be absent from work on religious grounds one Sabbath and show up for work on the next. Onlookers get confused. Jews are as susceptible to this confusion as non-Jews.

My frequent trips to China and Japan over many years frequently put me face-to-face with this dilemma. My travel purpose is to mix with the people and see how they live. No daily activity is more important to Chinese than eating. Whether at home or in a restaurant, you can’t interact with Chinese very long without eating. I have explained hundreds of times what “kosher” means, without using the word. Often, that leads to differentiating between kosher and Moslem halal practices. Asians have a hard time understanding all these distinctions, but go a long way toward accommodating them. When the chief chef at a Chinese sports camp heard that potatoes were okay, potatoes baked in their jackets appeared every night at the table. A Tibetan woman made me a special cornmeal cake that she had milled herself.

From time to time, I meet up with some of these Chinese friends in larger Chinese cities such as Beijing and Shanghai, which have safer eating alternatives: vegetarian restaurants, which are close to 100 percent kosher without the certification. Why I eat vegetables and noodles at a sports camp in Kunming but would prefer a vegetarian restaurant in Beijing often confuses them. My uncle, who has read my writings, asks with more than a little annoyance why, if I eat vegetables at a non-kosher restaurant in China or Japan, I insist on kosher or vegetarian restaurants back home. My answer is that here I have a choice.

There are two active Jewish concepts embedded in inconsistency that merit attention: mar’it ayin, how things appear to an outside observer; and b’farhesia, in the public domain.

Invoking mar’it ayin, Rabbi Moshe Feinstein ruled that a Harvard student could not participate in his graduation exercises on Shavuot because, although walking to the ceremony incurred no desecration of the holiday, it might appear to others that he drove to the ceremony. Rabbi Joseph Caro, the compiler of the Shulhan Arukh, ruled that “milk” made from almonds could not be served at a meat meal, because it might be misconstrued as mixing dairy with meat. Walking in the street in work clothes on the Sabbath, though no work is being done, would fall into this category. The implication is that behavior which with certainty will go unobserved is less objectionable according to Jewish law than public actions.

B’farhesia refers to actions performed in the public domain. Though the opposite may be expected, transgressions, Sabbath or otherwise, that are committed in one’s own domain, out of public view, and thus shame-proof, are no less contrary to Jewish law than the same prohibitions performed in public. Nevertheless, many religious Jews continue to make the distinction between private and public domain.

♦ ♦ ♦

The argument here is that if the word Orthodox were to be purged from the lexicon, and every person stood tall beside his own persona, we would have a more cohesive Judaism. That is why, when asked if I am Orthodox, I respond that I am observant, which allows for more differences, without a need to specify them. When they prospect over-intrusively for details, I paraphrase in Hebrew from the words of the havdalah prayer that ends the Sabbath: “Ani mavdil bayn kodesh leHol, I differentiate between the sacred Sabbath and the secular workweek.” That usually quiets them.

The Rabbinic Republic and Democratic Tradition

 

            The United States of America is a constitutional republic, with a system of governance designed to prevent tyranny of government or the majority. This includes a division of power and checks and balances, as well as the rule of law, which is imbued with a spirit of liberalism that recognizes that each individual has rights too.

            These principles of good governance are rooted in the oral and written laws and traditions of the Torah, embodied in the Bible, Mishna, and Talmud, as elucidated and interpreted by rabbinic commentaries thereon. The Founding Fathers had access to this treasure trove of wisdom, in the body of Hebraic literature and thought, extant at the time, when they originally formulated our constitutional republic.[1]

However, it is important to appreciate that the Bible itself is not a political treatise. It does not literally prescribe the intricate details of how to organize a society into a polity and the mechanisms for providing for the best form of government, in absolute terms. There are some principles outlined; but, as more fully discussed below, this is not the fundamental purpose of the Bible and, therefore, not a primary focus of the biblical text. Even the discussions in the Book of Samuel[2] about the deficiencies of monarchy do not expressly address the matter of alternatives or what is the most desirable form of government, beyond just implicitly preserving the status quo. That subject is taken up by some of the medieval rabbinic commentators, but more on this below.[3]

            The Torah does provide the most enduring comprehensive statement of individual rights and duties in recorded history. It also reflects one of the most majestic aspects of humanity; that we all share a common genetic ancestry, as the progeny of Adam and Eve, and yet, each of us is unique. As the Talmud[4] notes, no two faces, minds, or personalities are exactly alike. Nevertheless, we all bear the same spiritual essence, known as the image of God or soul. It commends each of us to afford everyone the utmost of respect and dignity; no human being is more equal than others. Thus, the Mishna[5] records, sustaining the life of one soul is tantamount to sustaining the entire world. Fulfilling the ultimate purpose of creation requires all people, with their manifold varieties of features, forms, tones, character traits, intellects, languages, skills, and aspirations to have the opportunity to fulfill their own individual life missions.

The Bible is in the nature of a handbook, which primarily provides for how an individual can perfect his or her self, so as to achieve and maintain a connection to the Divine. As Rabbeinu Nissim[6] explains,[7] the workings of government are not the main object of the Bible. He analyzes the hukkim[8] and notes they are not relevant, per se, to the functioning of society. Rather, they are exclusively the province of perfecting the individual’s ability to acquire and sustain a connection to the divine. Similarly, the mishpatim[9] are designed to unify the material and spiritual, in pursuit of a higher purpose and, thereby, also establish a connection to the divine. While the mishpatim also have the effect of ordering of society, the Ran offers that they are still markedly more oriented toward the sublime.

Interestingly, the Bible[10] does provide some level of detail regarding the judicial function. The Mishna and Talmud[11] set forth more extensive provisions on the appointment of judges and how courts are to be organized and function.[12] This includes the Sanhedrin, which also acts as a legislative body. Nevertheless, as the Ran notes, the purpose of judges and courts is primarily orientated toward the individual. Their job is to render judgments, which are true and righteous, objectively determining what is flawed behavior for the betterment of the affected individual, irrespective of any societal advantage or detriment. In essence, by following the dictates of the court and correcting his or her misbehavior, a person is ennobled and, in effect, cleaves to the divine.[13] Thus, like the vast majority of the Commandments, these too are similarly devoted to regulating the behavior of an individual for his or her gain and any benefit conferred on society is peripheral.

Astonishingly, the Ran declares that some of the laws of the nations will be found to be more effective in furthering societal order than some of the laws of the Torah. This may seem paradoxical, because we have come to accept that the Torah prescribes a total solution to how human beings should best function in this world. However, the Ran offers, the Bible is not intended as a guide for how to organize society and govern its affairs. Instead, it is primarily devoted to instructing the individual in the process and means of achieving perfection and, thus, an enduring connection to the divine. The structure and practical affairs of government, according to the Ran, are left to a monarch to fill in the gaps. Others, though, do not accept monarchy as the Bible’s implicit solution and are even more flexible in how government can and should be organized.

            The Bible[14] devotes just two verses to the concept of appointing a king. It records that if,[15] after entering the Land of Israel, which God gave to the people of Israel and inheriting and settling in it, the people determine to establish a king as their governing authority, as do all the surrounding nations, then they may do so by selecting the one chosen by God to be the king from among their people and not a foreigner.       

            The Talmud[16] takes up the question of whether this is an obligatory commandment or just a permitted one. It reports that Rabbi Nehorai says the biblical passage noted above is optional and it is not required that there be a king. It is only in response to a request by the people to appoint a king that it takes effect. Rabbi Yehuda disagrees and asserts that it is a part of a series of three mitzvoth[17] that were commanded to the Jewish people upon entering the Land of Israel, as follows:

  1. to appoint a king, based on the verses noted above;
  2.  to wipe out Amalek;[18] and
  3.  to build the Temple.[19]

This disagreement is further taken up among the Rishonim, who have a range of opinions on the subject. Thus, for example, Ibn Ezra[20] viewed the entire matter of appointing a king as optional, not obligatory. Nahmanides[21] views it as an obligatory commandment and cites the Sifrei[22] in support thereof. Maimonides[23] also holds that the commandment to appoint a king is obligatory. However, Abarbanel[24] analyzes the entire matter in two lengthy essays[25] on the subject and concludes otherwise. His deep and thorough analysis of the views noted above, cogent reasoning, and compelling conclusions are bracing and every bit as fresh and thoughtful, as if expressed today. It’s no wonder that his thoughts and views, expressed in the fifteenth century, were embraced by our Founding Fathers in the eighteenth century.

Abarbanel’s thesis reflects his own breadth of knowledge of the classics, including political philosophy, familiarity with a variety of other systems of government, besides monarchy, and life experience with the fickleness of kings and capriciousness of affairs of state in monarchies. Thus, he served as the Treasurer to King Afonso V of Portugal. When the King died, his son John II took over and wanted to clean house of what he perceived to be his political opponents. In furtherance of this objective, Abarbanel was falsely accused of conspiring against the king; but he managed to make a hasty escape to Spain. Nevertheless, his extremely large fortune was confiscated by royal decree. In Spain, he became a financier to Queen Isabella. However, with the expulsion of the Jews in 1492, which he was unable to stop, despite heroic efforts and offers of vast sums to the Spanish King to revoke the decree, he too left with his fellow Jews. He then settled in Naples; but was forced to flee yet again, when it was conquered by the French. He ultimately resided in Venice, where he passed away and was reportedly buried in Padua.

  Abarbanel presents and questions the views of his predecessors, noted above, who favored the position that the appointment of a king is an obligatory commandment. Among other things, he asks, if this was indeed a biblical requirement, then why did the Prophet Samuel[26] react so negatively? Although God did instruct Samuel to heed the demand of the people, God also consoled Samuel and noted that the people’s demand for a king was not a rejection of Samuel, but was a rejection of God as king. Indeed, Abarbanel explains this means the people’s misconduct was despicable and comparable to the sin of idolatry.[27] However, Abarbanel notes this was not a matter of how the demand was phrased. Indeed, even had the people invoked the precise formula set forth in Deuteronomy,[28] it still would have been inappropriate. Therefore, he goes on to argue that appointing a king could not possibly be a Torah mandate, because if the people were only following the Torah’s dictates, then how could this possibly be so egregious an error in judgment?

This position appears to be supported by the Midrash on Deuteronomy,[29] which also takes a dim view of the seeming need by the people for a monarch. It records that God said to the people of Israel that God wanted them to be free of monarchy and the dread of kings. What was the point of asking for a king; only to be enslaved again and subject to the vagaries of monarchy, as well as, enveloped by the misfortunes likely to ensue, because of the inevitable misdeeds of the king? Moreover, as Psalms[30] cautions, we should not trust in the great, who are after all mere mortal human beings, who cannot be counted on to save us. In that sense, reliance on a mortal king is not only misplaced, it is also akin to idol worship and fated to fail. We can only truly trust in God as the genuine king.

Abarbanel[31] describes the endemic malady of kings in detail. Although the Bible[32] requires a king not to have a soaring ego or to think he is better than his people, this is usually not the case. A king is also enjoined to follow the halakha and not veer left or right.[33] However, this is not what occurs in practice. Instead kings typically enslave the people and take their children, fields, vineyards, servants, work animals, and flocks. Kings steal and oppress and are often no more than tyrants.

Abarbanel finds the efforts made to reconcile the seemingly contradictory texts of Deuteronomy and Samuel, noted above, so as to support a conclusion that there is still nevertheless a biblical requirement to appoint a king, personally unsatisfying.  Indeed, he goes on to ask, if having a king was a biblical imperative, then why didn’t Joshua immediately appoint one upon entering the Land of Israel?

Before tackling the seeming biblical inconsistencies summarized above, Abarbanel first introduces the topic of monarchy, generally, as a philosophical matter, in the world at large. He poses the threshold and fundamental question of whether monarchy is an intrinsically necessary form of government, or is it possible to have an organized nation without a king? 

Abarbanel begins his analysis by citing reasons typically asserted by political philosophers in support of the absolute necessity for a monarchial form of government of a nation. He notes, they reason that a king is required: (i) to assure unity of the polity and to stamp out any divisions; (ii) as the source of continuity, mitigating against instability; and (iii) to wield the absolute power needed to hold people in check and society together. However, Abarbanel concludes that these assumptions are actually false.

Abarbanel notes that it is undeniable that Florence and Venice organized very successful societies, which function extremely well and are most prosperous, all without the need of a king. Their form of government is composed of councils of many leaders of the people, elected for set terms. They gather and unite and agree upon one policy. They also adopt laws and provide mechanisms for their administration and enforcement under their leadership. Thus, the proposition that there is a need for one leader with absolute power has proven in practice to be untrue.

Abarbanel goes on to analyze how it is better to have term limits of one to three years and a system of checks and balances. This might help deter many of the corrupt and dissolute practices of leaders, because they will soon have to account to the new leaders elected to serve after the offending leaders’ term of office ends. The new leaders and judges can then investigate and enforce claims against the prior leadership for malfeasance. No one should be above the law. He also notes that one person with sole power is more likely to err than a group of leaders, since if one purports to do wrong, others will usually protest. Moreover, since their term in office is limited, there will ultimately be an accounting for misdeeds. As the popular saying goes, power corrupts and absolute power corrupts absolutely.

Abarbanel then artfully disposes of the halakhic[34] arguments mustered, based on biblical exegesis, which are cited in support of the position that appointing a king is an obligatory commandment. He first asserts that the biblical verse[35] does not unqualifiedly state appoint a king; rather, it provides for a situation if and when the people ask for one. This suggests that it is optional and not a requirement; otherwise, why the need for this threshold condition? Secondly, if this were an absolute requirement, then why the superfluous phrase, like all the other nations, in the text of the invocation? This qualification makes no sense if it was indeed intended as an obligatory requirement. After all, what difference does it make if anyone else does or doesn’t have a king, if we are commanded to have one? Moreover, we are separately commanded not to emulate the ways of the idol worshippers, which makes this apparent qualification even more paradoxical. Indeed, as Abarbanel goes on to note, in his third point on the subject, the text can more readily be interpreted as a prophetic statement as to what would occur in the future, rather than a definitive commandment. This then puts the report in the Book of Samuel in the context of a realization of that prophecy, as opposed to a contradictory text.

Abarbanel’s fourth point is a marvel of statutory construction and technical legal artistry. He posits that if the verses in Deuteronomy were actually intended to be a commandment, then perforce there would be two positive mitzvoth. The first would be to appoint a king and the second, in the next verse,[36] would be the requirement to appoint one chosen by God, from among his people. Furthermore, there would also be a third negative commandment not to appoint a stranger as a king, who is not kin.

Abarbanel then states, in his fifth point on the subject, the irony of the people asking the Prophet Samuel to appoint a king, albeit for the wrong reason of judging them, and the harsh reaction of Samuel and God.[37] However, he goes on to quip, if this was an obligatory commandment, then why didn’t Joshua perform it, immediately upon entering the Land of Israel?

For all the foregoing reasons, Abarbanel concludes, appointment of a king is not an obligatory commandment; rather, it is a permitted one. This he notes is consistent with another commandment relating to a war bride.[38] He observes that there is no obligation to seek one out; but if do so, then there are a number of applicable requirements that apply.

He posits, similarly, if the people elect to have a king, then there are a series of requirements that follow, including as to the process of selection and certain rules that are intended to restrain the behavior of the king. As noted above, the king must be one selected by God, from among the Jewish people, as communicated by a Prophet of God and with the approval of the Sanhedrin.[39] The king may not have too many horses or wives nor accumulate an excessive amount of gold and silver.[40] He is also required to write a Sefer Torah and keep it with him, read it all his days, be guided by it, and observe all its precepts.[41] However, notwithstanding these requirements, in general, the history of kings is a sordid one, with limited exceptions.

The Netziv[42] also considers the appointment of a king a permitted, not obligatory matter. He offers that it is for the people to decide what form of government best serves their needs.

 In contradistinction to the subject of monarchy, the Talmud[43] also deals with the appointment of leaders, generally. It records Rabbi Yehuda says that leaders are not to be appointed without consulting with the members of the community. He bases this principle on the appointment of Bezalel as the leader of the project of building the Tabernacle.[44] He explains that God told Moses to go ask the Children of Israel whether the choice of Bezalel was a suitable appointment in their eyes. Their answer was if suitable to God and Moses, then of course it’s suitable to them. While the Talmud does not set forth the details of the elective process, it does posit that the consent of the governed is required.[45]

The tradition of democracy is an essential and fundamental part of the halakhic court (including legislative function of the Sanhedrin) and decision-making process. The guiding principle is majority rule governs.[46] The concept is also applied in determining whether legislation so enacted remains effective. Thus, if a majority of the people don’t accept a new enactment, then it is vitiated.[47]

It is noteworthy that there is also a healthy respect among the sages for dissenting points of view. As the Mishna[48] reports, dissenting opinions are recorded so that if a court prefers the opinion of a single sage, it may rely thereon.

The Talmud[49] records that both the views of Bet Shammai and Bet Hillel, who argued matters of halakha with each other, asserting conflicting positions, were authoritative expressions of divine will. The views of Bet Hillel were generally accorded preference in determining the final ruling adopted as the halakha, because in making their presentation, they first stated the position of Bet Shammai, before arguing their own. Interestingly, The Talmud[50] also provides that, while the halakha is generally in accordance with Bet Hillel, one who wishes to act in accordance with the opinion of Bet Shammai may do so, so long as follows all of Bet Shamai’s rulings consistently and not just the leniencies of each of them. Most importantly, the Talmud[51] records that despite their pronounced differences when it came to matters of halakha, neither refrained from marrying within one another’s families. They epitomized the healthy respect, friendship, and camaraderie, as well as love of truth and peace[52] that are the paradigm for interpersonal relations.

The consent of the governed and civil rights accorded each and every individual are a fundamental and essential part of our tradition. Government would appear to be a matter of expediency, and we have come a very long way from demanding and needing an actual king to be appointed. Yet, leadership at some level and the executive function are recognized as a necessary complement to the organization and proper functioning of society. As the Mishna[53] pithily declares, pray for the welfare of government, for otherwise one person might swallow another alive.

It is most gratifying to know that democratic principles of majority rule, as well as respect for the views and rights of individuals who may differ are an intrinsic part of our tradition.

May divine providence guide our choices of leadership so that they are good ones, suitable to God and humankind alike.

 

 

Notes

 

[1] See, for example, The Hebrew Republic, by Eric Nelson (Harvard University Press 2010), which notes (at page 15), this included works of the Abarbanel, discussed below. See also, Discourses on Government, by Algernon Sydney (1698).

[2] I Samuel 8.

[3] The discussion of Derashot HaRan 11 and Abarbanel on Deuteronomy 17 are based on studying these materials in a lecture given by Rav Asher Weiss, in which the author regularly participates. Rav Weiss, author of the Minhat Asher, is one of the foremost Halakhic authorities of our times. The topics under consideration were titled: Mishpat HaMelekh U’Mishpat HaSanhedrin (Laws of the King and Laws of the Sanhedrin) and HaIm Democratia Hineh Derech HaTorah (Is Democracy the Way of the Torah). Any errors in discussing these materials are the author’s.

[4] BT Berakhot 58a.

[5] Mishna Sanhedrin 4:5.

[6] Known as the Ran, a fourteenth-century talmudic authority and author of the famous commentary on the eleventh-century halakhic compendium on the Talmud of the Rif (Rav Yitzhak Alfasi), which appears in most editions of the Talmud.

[7] Derashot HaRan 11.

[8] The term “hok” is derived from the word “hakika,” something indelibly engraved in rock like a picture (See Rabbeinu Bahya’s commentary on Numbers 19:2). It is suggested that in modern parlance, it might be termed imprinting, in the sense of creating neural pathways in the brain. It results from the habitual behavior associated with the performance of a hok. It is submitted that the process of acting out rituals or other observances like hukkim is a way for a person to imprint patterns of good behavior. Since a hok is by definition not a rational requirement, this means of imprinting the brain has the added benefit of bypassing the filter of the rational mind. Patterns of behavior are the essence of the imprinting process. It is by habitually doing things that the imprinting process is implemented. In this sense, it is like muscle memory. This can be accomplished by, for example, praying in a minyan, at specified times, observing the details of the Sabbath and holidays or following other observances. It can also be the result of performing what are otherwise irrational actions, such as wearing tzizit. As the Midrash Tanhuma (Hukkat 7) notes, like other such hukkim, there is an illogical character to this mitzvah. On the one hand, it is prohibited to wear a mixture of wool and linen (Deuteronomy 27:11). On the other hand, this combination is permitted for tzizit. It is illogical, and yet God commanded us to observe this mitzvah as a hok (Leviticus 19:19). Rabbeinu Bahya posits that the details of the Red Heifer requirements (Numbers 19:2; another example of a hok) are not only devoid of logic, they appear to defy logic. Thus the very same ashes of the Red Heifer purify the ritually impure and defile the ritually pure. Rabbeinu Bahya further explains (in his commentary on Numbers 19:2) that the term hok also means boundary or limit (citing the usage of the term in Jeremiah 15:22). Establishing boundaries and limiting our behavior is an essential element in the kind of habitual behavior that can imprint our brains with a positive message. It is one of the fundamental benefits of performing the mitzvoth. Prescribed rituals and other patterns of good behavior can bypass the rational portion of the mind to reach and overcome the instinctual and, thereby allow for the spiritual influence of the soul to take hold. See, A red cow protocol, by the author, in the Times of Israel blogs, dated June 17, 2021.   

[9] The commandments that can be rationally explained and indeed, might otherwise have been conceived and adopted, so as to regulate human affairs.

[10] See, for example, Leviticus 19:15 and 24:22, Deuteronomy 1:16–18 and 16:18–20 and Exodus 18:24–26.

[11] See, for example, Tractate Sanhedrin and BT Avoda Zara 52a.

[12] This includes the principle of majority rule governs, based on Exodus 23:2 as discussed in BT Bava Metzia 59b, Hullin 11a, and Sanhedrin 2a and 17a, as well as, JT Moed Katan 3:1 and Sanhedrin 1:1, 1:4 and 4:2. See also Maimonides, Positive Commandment 175 and Mishneh Torah, Laws of Sanhedrin 8:1. There is also a principle applicable to the appointment of judges that, besides their other qualifications, consideration must be given to their public acceptability (see, for example, BT Sanhedrin 88b, as well as, Maimonides, Mishneh Torah, Laws of Sanhedrin 2:7-8). Interestingly, a unanimous verdict in a capital case is dismissed (BT Sanhedrin 17a), because didn’t adequately and fully consider the case if no one could find at least some merit, defense or mitigating factor or circumstance (See Yad Ramah thereon).

[13] The term “cleave to God” is idiomatic.  It is impossible actually to cleave to God. Maimonides explains, it means to emulate God’s ways of loving kindness, justice, and equity. Just as God is compassionate, gracious, slow to anger, and abundantly kind, so must we be as well. See, Maimonides, Guide for the Perplexed, Part III, Chapter 54.

[14] Deuteronomy 17:14–15.

[15] The verse is introduced with the Hebrew word “Ki,” which can be interpreted as “if,” as noted above, or “when.”

[16] BT Sanhedrin 20b.

[17] Meaning commandments. The singular is mitzva. The mitzvoth are further divided into positive ones, which require an affirmative action be taken and negative ones, which prohibit an action being taken.

[18] Deuteronomy 25:17–19.

[19] Deuteronomy 12:10–12, which refers to the Holy Temple as the Bet HaBehira (Chosen House).

[20] Rabbi Abraham Ibn Ezra, a twelfth-century biblical commentator, in his commentary on Deuteronomy 17:15.

[21] Rabbi Moshe ben Nahman (Ramban), a thirteenth-century biblical commentator and talmudic and halakhic authority, as well as a medical doctor, in his commentary on Deuteronomy 17:15.

[22] Sifrei (a tannaitic halakhic Midrash), Devarim 157.1.

[23] Rabbi Moshe ben Maimon (Rambam), a twelfth-century halakhic and talmudic authority, philosopher, and author of, of among other things, the masterwork, Mishneh Torah, as well as, a medical doctor. Maimonides lists the obligation to appoint a king as positive commandment 173, in his Sefer haMitzvot (Book of the Commandments), and also sets forth the Commandment to appoint a king in his Mishneh Torah, Laws of Kings and War 1:1 (following the format of Rabbi Yehuda in BT Sanhedrin 20b, as noted above).

[24] Rabbi Don Isaac ben Yehuda Abarbanel, a fifteenth-century biblical commentator, statesman, and financier.

[25] One commentary on I Samuel 8 and another corresponding commentary on Deuteronomy 17:14.

[26] I Samuel 8:5–7.

[27] As an aside, Abarbanel, in his commentary on I Samuel 8:4, further elucidates the erroneous intent of the people in making this demand. They wanted to shrug off the burden of conducting themselves as God and, by extension, the Prophet Samuel’s leadership regime required. Instead, they sought to appoint a king, who would permit them to enjoy the unrestrained permissive lifestyle of an idolater and, hence, the analogy to idol worship.

[28] Unlike Maimonides, Abarbanel does not find the difference in phrasing between Deuteronomy (like all the other nations around us) and Samuel (to judge us like all the other nations) to be a convincing and dispositive reason to draw a distinction between the two circumstances.

[29] Deuteronomy Rabba 5.

[30] Psalms 146:3.

[31] Abarbanel commentary on I Samuel 8:1.

[32] Deuteronomy 17:20.

[33] Deuteronomy 17:19–20.

[34] The term halakha literally means “the way.” It embodies the entire corpus of Jewish Law and practice.

[35] Deuteronomy 17:14.

[36] Deuteronomy 17:15.

[37] I Samuel 8:5–7.

[38] Deuteronomy 21:10–14.

[39] Maimonides, Mishneh Torah, Laws of Kings 1:3.

[40] Deuteronomy 17:16–17. See also Mishna Sanhedrin 2:4 and BT Sanhedrin 21b.

[41] Deuteronomy 17:18–19. See also Mishna Sanhedrin 2:4 and BT Sanhedrin 21b–22a.

[42] Ha’amek Davar on Deuteronomy 17:14.

[43] BT Berakhot 55a.

[44] BT Berakhot 55a, based on Exodus 35:30.

[45] See, for example, Responsa of Hatam Sofer, (Hoshen Mishpat) 5:19.

[46] Exodus 23:2; Mishna Sanhedrin 1:6; BT Bava Metzia 59b, Sanhedrin 2a, and Hullin 11a.

[47] BT Avoda Zara 16a.

[48] Mishna Eduyot 1:5. See also Tosefta Eduyot 1:2, which notes that while the law is in accordance with the majority view, dissenting opinions are preserved, so that they are available to be relied upon, in case they are needed at any given time.

[49] BT Eruvin 13b.

[50] BT Eruvin 6b and see also JT Berakhot 1:4.

[51] BT Yevamot 14b.

[52] Zechariah 8:19.

[53] Avot 3:2. See also BT Avoda Zara 4a.

Kohelet: Sanctifying the Human Perspective

[1]KOHELET

 

SANCTIFYING THE HUMAN PERSPECTIVE[2]

 

INTRODUCTION

 

Tanakh is intended to shape and guide our lives. Therefore, seeking out peshat—the primary intent of the authors of Tanakh—is a religious imperative and must be handled with great care and responsibility.

Our Sages recognized a hazard inherent to learning. In attempting to understand the text, nobody can be truly detached and objective. Consequently, people’s personal agendas cloud their ability to view the text in an unbiased fashion. An example of such a viewpoint is the verse, “let us make man” from the creation narrative, which uses the plural “us” instead of the singular “me” (Gen. 1:26):

R. Samuel b. Nahman said in R. Jonatan’s name: When Moses was engaged in writing the Torah, he had to write the work of each day. When he came to the verse, “And God said: Let Us make man,” etc., he said: “Sovereign of the Universe! Why do You furnish an excuse to heretics (for maintaining a plurality of gods)?” “Write,” replied He; “And whoever wishes to err will err.” (Gen. Rabbah 8:8)

 

The midrash notes that there were those who were able to derive support for their theology of multiple deities from the this verse, the antithesis of a basic Torah value. God would not compromise truth because some people are misguided. It also teaches that if they wish, people will be able to find pretty much anything as support for their agendas under the guise of scholarship. Whoever wishes to err will err.

            However, a second hazard exists, even for those sincerely seeking the word of God:

It is related of King Ptolemy that he brought together seventy-two elders and placed them in seventy-two [separate] rooms, without telling them why he had brought them together, and he went in to each one of them and said to him, Translate for me the Torah of Moses your master. God then prompted each one of them and they all conceived the same idea and wrote for him, God created in the beginning, I shall make man in image and likeness. (Megillah 9a)

 

This narrative reflects the concern that by popularizing the Torah through translation, less learned people may inadvertently derive the wrong meaning from the “plural” form of “Let Us make man.” For this anticipated audience, God inspired the elders to deviate from the truth and translate with the singular form so that unwitting people would not err.

While this educational discussion is central to all Tanakh, Ecclesiastes probably concerned our Sages and later commentators more than any other biblical book. By virtue of its inclusion in Tanakh, Ecclesiastes’ teaching becomes truth in our tradition. Regarding any book of Tanakh, if there are those who wish to err in the conclusions they draw, they will do so. However, our Sages worried that Ecclesiastes might cause even the most sincerely religious people to draw conclusions antithetical to the Torah, thereby causing greater religious harm than good. and consequently they considered censoring it from Tanakh:

R. Judah son of R. Samuel b. Shilat said in Rav’s name: The Sages wished to hide the Book of Ecclesiastes, because its words are self-contradictory; yet why did they not hide it? Because its beginning is religious teaching and its end is religious teaching. (Shabbat 30b)

 

Our Sages discerned internal contradictions in Ecclesiastes, but they also worried that Ecclesiastes contained external contradictions, that is, verses that appear to contradict the values of the Torah. They addressed this alarming prospect by concluding that since Ecclesiastes begins and ends with religiously appropriate teachings, those verses set the tone for the remainder of its contents. If one reaches anti-Torah conclusions from Ecclesiastes, it means that something was read out of context. A striking illustration of this principle is a midrashic teaching on Ecclesiastes 11:9. The verse reads:

O youth, enjoy yourself while you are young! Let your heart lead you to enjoyment in the days of your youth. Follow the desires of your heart and the glances of your eyes—but know well that God will call you to account for all such things.

 

To which our Sages respond:

 

R. Benjamin b. Levi stated: The Sages wanted to hide the Book of Ecclesiastes, for they found in it ideas that leaned toward heresy. They argued: Was it right that Solomon should have said the following: O youth, enjoy yourself while you are young! Let your heart lead you to enjoyment in the days of your youth (Ecc. 11:9)? Moshe said, So that you do not follow your heart and eyes (Num. 15:39), but Solomon said, Follow the desires of your heart and the glances of your eyes (Ecc. 11:9)! What then? Is all restraint to be removed? Is there neither justice nor judge? When, however, he said, But know well that God will call you to account for all such things (Ecc. 11:9), they admitted that Solomon had spoken well. (Lev. Rabbah 28:1; cf. Ecc. Rabbah 1:3)

 

Were our Sages genuinely worried about people not reading the second half of a verse and consequently adopting a hedonistic lifestyle? Based on the midrashic method of reading verses out of their natural context, this verse likely posed a more serious threat in their society than it would for a pashtan who reads verses in context. The best defense against such egregious errors always is good peshat. This chapter will briefly consider the challenges of learning peshat in Ecclesiastes, and then outline a means of approaching Ecclesiastes as the unique book it is.

 

METHODOLOGICAL CONSIDERATIONS

 

            At the level of derash, many of our Sages’ comments on Ecclesiastes appear to be speaking about an entirely different book, one that is about Torah. The word “Torah” never appears in Ecclesiastes. Such midrashim appear to be radically reinterpreting Ecclesiastes to make it consistent with the rest of Tanakh. Similarly, many later commentators, including those generally committed to peshat, sometimes follow this midrashic lead of radical reinterpretation of the verses they find troubling.

            This approach is rooted in the dual responsibility of our commentators. As scholars, they attempt to ascertain the original intent of the biblical text. However, they also are students and teachers of Jewish tradition. Their educational sensitivities often enter the interpretive arena, particularly when the surface reading of Ecclesiastes appears to threaten traditional values.[3]

            For example, Kohelet opens by challenging the enduring value of the two leading manifestations of human success: wealth and wisdom. That Kohelet focuses on the ephemerality of wealth and physical enjoyment is not surprising, but his focus on the limitations and vulnerability of wisdom is stunning:

For as wisdom grows, vexation grows; to increase learning is to increase heartache. (1:18)

 

Sforno is so uncomfortable with this indictment of wisdom that he reinterprets the verse as referring to the ostensible wisdom of heretics. I often wonder if the parshan himself believes that a suggestion of this nature is peshat, that is, does he assume that Kohelet cannot possibly intend what he appears to be saying; or is he reinterpreting primarily to deflect such teachings from a less learned readership, as did the authors of the Septuagint in the Talmudic passage cited above.[4]

Some commentators attempt to resolve certain internal and external contradictions in Ecclesiastes by attributing otherwise troubling (to these commentators) statements to other people—generally evil people or fools. Take, for example, one of Kohelet’s most life-affirming declarations:

Go, eat your bread in gladness, and drink your wine in joy; for your action was long ago approved by God. Let your clothes always be freshly washed, and your head never lack ointment. Enjoy happiness with a woman you love all the fleeting days of life that have been granted to you under the sun—all your fleeting days. For that alone is what you can get out of life and out of the means you acquire under the sun. (9:7-9)

 

Ibn Ezra—the quintessential pashtan—writes, “This is the folly that people say in their hearts.” Ibn Ezra maintains that Kohelet’s own view is the opposite of what this passage says.[5] However, such attempts to escape difficult verses appear arbitrary. Nothing in the text signals a change in speaker (particularly if Kohelet wishes to reject that speaker’s views), leaving decisions of attribution entirely in the hands of the commentator.[6]

            Commentators also devote much energy to reconciling the internal contradictions of Ecclesiastes. See, for example, the lengthy discussions of Ibn Ezra (on 7:3) and Mordechai Zer-Kavod (introduction in Da’at Mikra, pp. 24-33). Some reconciliations are more textually convincing than others. Regardless, it is critical to ask why there are so many contradictions in the first place.[7] That so many strategies were employed to bring Ecclesiastes in line with the rest of Tanakh and with itself amply demonstrates that this Megillah is unusual. Ecclesiastes needs to be understood on its own terms rather than being reinterpreted away. Pashtanim also developed a methodology for confronting Ecclesiastes’ challenges directly, as will be discussed presently.[8]

 

ATTEMPTING A PESHAT READING: GUIDELINES

 

            In order to approach Ecclesiastes, we must consider a few of its verifiable features. Ecclesiastes is written about life and religious meaning in this world. The expression tahat ha-shemesh (beneath the sun) appears twenty-nine times in Ecclesiastes, and nowhere else in the rest of Tanakh. Tahat ha‑shamayim (under heaven) appears three additional times, and Rashi and Rashbam[9] maintain that this expression is synonymous with tahat ha‑shemesh. In the same vein, people are called ro’ei ha-shemesh (those who behold the sun) in 7:11. The word ani (I) appears twenty-nine times, and its appearance is not grammatically necessary. The emphasis on tahat ha-shemesh demonstrates a this-worldly perspective, while the repetition of the word ani highlights the personal nature of the presentation. Michael V. Fox notes the difference between how 1:12-14 is written:

I, Kohelet, was king in Jerusalem over Israel. I set my mind to study and to probe with wisdom all that happens under the sun.—An unhappy business that, which God gave men to be concerned with! I observed all the happenings beneath the sun, and I found that all is futile and pursuit of wind.

 

Fox then imagines how these verses could have been written without the focus on the personal narrative:

Studying and probing with wisdom all that happens under the sun is an unhappy business, which God gave men to be concerned with! All the happenings beneath the sun are futile and pursuit of wind.

 

Without the personal reflections that are central to Kohelet’s thought, we are left with a series of dogmatic pronouncements. Kohelet’s presentation invites readers into his mind as he goes through a personal struggle and process of reflection.[10]

            Given this starkly anthropocentric perspective, Ecclesiastes should reflect different perspectives than the theocentric viewpoint of revealed prophecy. All people perceive the same reality that Kohelet does. On the basis of this observation, R. Simeon ben Manasia maintained that Ecclesiastes was not inspired altogether:

R. Simeon ben Manasia says: The Song of Songs defiles the hands because it was composed with divine inspiration. Ecclesiastes does not defile the hands because it is only Solomon’s wisdom. (Tosefta Yadayim 2:14)[11]

 

Though his minority view was rejected by our tradition (which insists that Ecclesiastes is divinely inspired), Ecclesiastes is written from the perspective of human wisdom.

            The word adam appears forty-nine times in Ecclesiastes, referring to all humanity (except for one instance in 7:28, which refers specifically to males). Kohelet speaks in a universal language and does not limit its discourse to a Jewish audience. Torah and other specifically Jewish themes do not appear in Ecclesiastes, which focuses on more universal hokhmah (wisdom) and yirat Elokim (fear of God).

            Similarly, God’s personal name—the Tetragrammaton—never appears in Ecclesiastes. Only the generic name Elokim appears (forty times), signifying both the universalistic discourse of Ecclesiastes and also a distant, transcendant Deity, rather than a close and personal relationship with God. In Ecclesiastes, God appears remote, and it is impossible to fathom His means of governing the world. For example, Kohelet warns:

Keep your mouth from being rash, and let not your throat be quick to bring forth speech before God. For God is in heaven and you are on earth; that is why your words should be few. (5:1)

 

Since God is so infinitely superior, there is no purpose and much harm in protesting against God (cf. 3:11; 7:13-14). Moreover, Kohelet never speaks directly to God; he speaks about God and the human condition in a sustained monologue to his audience.

            Tying together these strands of evidence, Rabbi Naftali Tzvi Yehudah Berlin (Netziv) attempts to explain why Ecclesiastes is read (primarily by Ashkenazim[12]) on Sukkot:

It is written in Zechariah chapter 14 that in the future the nations of the world will come [to Jerusalem] on Hol HaMo’ed Sukkot to bring offerings…. And this was the custom in King Solomon’s time. This is why Solomon recited Ecclesiastes on Hol HaMo’ed Sukkot in the presence of the wise of the nations…. This is why it contains only the name Elokim, since [non-Jews] know only that Name of God. (Harhev Davar on Num. 29:12)

 

Needless to say, this means of justifying a custom is anachronistic from a historical vantage point. Nonetheless, Netziv’s keen perception of Kohelet’s addressing all humanity with universal religious wisdom captures the unique flavor of this book.

            From a human perspective, life is filled with contradictions. Ecclesiastes’ textual contradictions reflect aspects of the multifaceted and often paradoxical human condition. Significantly, Ecclesiastes’ inclusion in Tanakh and its consideration as a divinely inspired book elevates human perception into the realm of the sacred, joining revelation and received wisdom as aspects of religious truth.

            While Ecclesiastes contains truth, it is but one aspect of truth rather than the whole truth. For example, Kohelet considers oppression an unchangeable reality:

I further observed all the oppression that goes on under the sun: the tears of the oppressed, with none to comfort them; and the power of their oppressors—with none to comfort them. Then I accounted those who died long since more fortunate than those who are still living; and happier than either are those who have not yet come into being and have never witnessed the miseries that go on under the sun. (4:1-3)

 

Kohelet never calls on God to stop this oppression, nor does he exhort society to stop it. He simply laments that human history repeats itself in an endless cycle of oppression. Kohelet sets this tone in 1:4-7 by analogizing human existence to the cyclical patterns in nature (Ibn Ezra).

            In contrast, prophecy is committed to changing society so that it ultimately matches the ideal messianic vision. While a human perspective sees only repetitions of errors in history, prophecy reminds us that current reality need not mimic past history.

            Kohelet grapples with the realities that wise/righteous people do not necessarily live longer or more comfortable lives than the foolish/wicked and that wisdom itself is limited and fallible:

Here is a frustration that occurs in the world: sometimes an upright man is requited according to the conduct of the scoundrel; and sometimes the scoundrel is requited according to the conduct of the upright. I say all that is frustration…. For I have set my mind to learn wisdom and to observe the business that goes on in the world—even to the extent of going without sleep day and night—and I have observed all that God brings to pass. Indeed, man cannot guess the events that occur under the sun. For man tries strenuously, but fails to guess them; and even if a sage should think to discover them he would not be able to guess them. (8:14-17)

 

Kohelet maintains both sides of the classical conflict: God is just, but there are injustices manifested in the real world. While Kohelet cannot solve this dilemma, he discovers a productive response. Once a person can accept that the world appears unfair, one can realize that everything is a gift from God rather than a necessary consequence for righteousness.[13] We ultimately cannot fathom how God governs this world, but we can fulfill our religious obligations and grow from all experiences. Wisdom always is preferred to folly,[14] even though wisdom is limited and the wise cannot guarantee themselves a more comfortable life than fools, and everyone dies regardless.[15]

On a deeper level, the human psyche is profoundly attracted to being godlike. This tendency lies at the heart of the sins of Eve (Gen. 3:5, 22) and the builders of the Tower of Babel (Gen. 11:1-9).[16] Kohelet blames God for creating us with this desire while limiting us, rendering this innate drive impossible (7:14; cf. Rashbam, Ibn Ezra on 1:13). Confrontation with our own limitations leads to the extreme frustration manifest in Ecclesiastes. However, once we can accept that we cannot be God, this realization should lead to humility and awe of God:

He brings everything to pass precisely at its time; He also puts eternity in their mind, but without man ever guessing, from first to last, all the things that God brings to pass. Thus I realized that the only worthwhile thing there is for them is to enjoy themselves and do what is good in their lifetime; also, that whenever a man does eat and drink and get enjoyment out of all his wealth, it is a gift of God. I realized, too, that whatever God has brought to pass will recur evermore: Nothing can be added to it and nothing taken from it—and God has brought to pass that men revere Him. (Ecc. 3:11-14)[17]

 

Michael V. Fox summarizes Ecclesiastes’ purpose as follows:

 

When the belief in a grand causal order collapses, human reason and self-confidence fail with it. This failure is what God intends, for after it comes fear, and fear is what God desires (3:14). And that is not the end of the matter, for God allows us to build small meanings from the shards of reason.[18]

 

While Kohelet challenges us at every turn, he simultaneously provides us the opportunity to find meaning beneath the unsolvable dilemmas.

Similarly, the universality of death tortures Kohelet. Once Kohelet accepts the reality of death, however, he concludes that it is preferable to attend funerals rather than parties, since focusing on our mortality will encourage us to live a more meaningful life:

It is better to go to a house of mourning than to a house of feasting; for that is the end of every man, and a living one should take it to heart. (7:2, cf. Rashbam)

 

Rabbi Joseph B. Soloveitchik expands on this idea, and says that it is not that there can only be meaning in life if there is death:

The finite experience of being arouses man’s conscience, challenges him to accomplish as much as possible during his short life span. In a word, finiteness is the source of morality…. For orgiastic man, time is reduced to one dimension; only the present moment counts. There is no future to be anticipated, no past to be remembered.[19]

Certain paradoxes and limitations are inherent to human existence, and not even the wisest of all men can make them disappear. Instead, Kohelet teaches us how to confront these challenges honestly and then embark on a process of intense existential frustration that ultimately leads to a greater recognition of the infinite gap between ourselves and God, leading in turn to humility and fear of God, leading in turn to living more religiously in every sense.[20]

 

CONCLUSION

A further word: Because Kohelet was a sage, he continued to instruct the people. He listened and tested the soundness (izzen ve-hikker) of many maxims. (12:9)

Kohelet relentlessly challenges received wisdom rather than blindly accepting it. This process is accompanied by formidable dangers and responsibilities; but ignoring that pursuit comes with even greater dangers. Kohelet never abandons his beliefs nor his normative sense of what all God-fearing people should do; yet he also never abandons nor solves his questions and his struggles with human existence. By presenting this process through a personal account with inspired wisdom, he becomes the teacher of every thinking religious individual.

One midrash suggests that Solomon made the Torah accessible in a manner that nobody had done since the Torah was revealed. He taught those who were not prophets how to develop a relationship with God:

He listened and tested the soundness (izzen ve-hikker) of many maxims (12:9)—he made handles (oznayim) to the Torah…. R. Yosei said: Imagine a big basket full of produce without any handle, so that it could not be lifted, until one clever man came and made handles to it, and then it began to be carried by the handles. So until Solomon arose, no one could properly understand the words of the Torah, but when Solomon arose, all began to comprehend the Torah. (Song of Songs Rabbah 1:8)

 

Tanakh needed prophecy so that we could transcend ourselves and our limited perspectives to aspire to a more perfected self and world, and to reach out across the infinite gulf to God. Ultimately, however, it also needed Ecclesiastes to teach how to have faith from the human perspective, so that we may grow in our fear of Heaven and observe God’s commandments in truth.

 

 

 

[1]

[2] Throughout this chapter, “Ecclesiastes” refers to the name of the book, and “Kohelet” refers to the author. This chapter is adapted from Hayyim Angel, “Introduction to Kohelet: Sanctifying the Human Perspective,” Sukkot Reader (New York: Tebah, 2008), pp. 39-54; reprinted in Angel, Revealed Texts, Hidden Meanings: Finding the Religious Significance in Tanakh (Jersey City, NJ: Ktav-Sephardic Publication Foundation, 2009), pp. 190-204.

 

[3] For a survey and analysis of some of the distinctions between the readings of Rashi and Rashbam on Ecclesiastes, see Robert B. Salters, “The Exegesis of Rashi and Rashbam on Qoheleth,” in Rashi et la Culture Juive en France du Nord au Moyen Age, ed. Gilbert Dahan, Gerard Nahon and Elie Nicolas (Paris: E. Peeters, 1997), pp. 151-161.

 

[4] For a discussion of the interplay between text and commentary regarding the faith of Abraham, see Hayyim Angel, “Learning Faith from the Text, or Text from Faith: The Challenges of Teaching (and Learning) the Avraham Narratives,” in Wisdom from All My Teachers: Challenges and Initiatives in Contemporary Torah Education, ed. Jeffrey Saks and Susan Handelman (Jerusalem: Urim Publications, 2003), pp. 192-212; reprinted in Angel, Through an Opaque Lens (New York: Sephardic Publication Foundation, 2006), pp. 127-154.

 

[5] It should be noted that Ibn Ezra suggests an alternative interpretation for these verses. Precisely because he is so committed to peshat, Ibn Ezra occasionally resorts to attribution of difficult (to Ibn Ezra) verses to other speakers instead of radically reinterpreting those verses. See, e.g., Ibn Ezra on Hab. 1:1, 12; Ps. 89:1; Ecc. 3:19.

 

[6] Beginning in the eighteenth and nineteenth centuries, some critical scholars employed the opposite tactic, i.e., that Eccelesiastes was a work that denied beliefs found elsewhere in Tanakh, and a later “Orthodox glossator” added to the text to correct those errors. One traditional rabbinic commentator—Shadal—actually adopted this argument in his commentary (published in 1860) and expressed the wish that our Sages would have banned Eccelesiastes from Tanakh. Four years after publishing his commentary, however, he fully regretted and retracted that view and expressed appreciation of Eccelesiastes’ religious value. For a discussion of Shadal’s initial interpretation of Eccelesiastes in light of his anti-haskalah polemics, see Shemuel Vargon, “The Identity and Dating of the Author of Eccelesiastes According to Shadal” (Hebrew), in Iyyunei Mikra u‑Parshanut 5, Presented in Honor of Uriel Simon, ed. Moshe Garsiel et al. (Ramat-Gan: Bar-Ilan University Press, 2000), pp. 365-384.

 

[7] Ibn Ezra and those who followed his approach assumed that intelligent people do not contradict themselves: “It is known that even the least of the sages would not compose a book and contradict himself” (Ibn Ezra on Ecc. 7:3). However, Rabbi Joseph B. Soloveitchik considered this perspective Aristotelian. Jewish thought, in contrast, accepts dialectical understandings of humanity and halakhah (Days of Deliverance: Essays on Purim and Hanukkah, ed. Eli D. Clark et al. [Jersey City, NJ: Ktav, 2007], p. 29). Cf. Michael V. Fox: “Even without systematically harmonizing the text, the reader tends to push Qohelet to one side or another, because the Western model of rational assent regards consistency as a primary test of truth. But Qohelet continues to straddle the two views of reality, wavering uncomfortably but honestly between them” (A Time to Tear Down and a Time to Build Up: A Rereading of Ecclesiastes [Grand Rapids: MI, Eerdmans, 1999], p. 134).

See also Shalom Carmy and David Shatz, who write that “the Bible obviously deviates, in many features, from what philosophers (especially those trained in the analytic tradition) have come to regard as philosophy… Philosophers try to avoid contradicting themselves. When contradictions appear, they are either a source of embarrassment or a spur to developing a higher order dialectic to accommodate the tension between the theses. The Bible, by contrast, often juxtaposes contradictory ideas, without explanation or apology: Ecclesiastes is entirely constructed on this principle. The philosophically more sophisticated work of harmonizing the contradictions in the biblical text is left to the exegetical literature” (“The Bible as a Source for Philosophical Reflection,” in History of Jewish Philosophy vol. 2, ed. Daniel H. Frank & Oliver Leaman [London: Routledge, 1997], pp. 13-14).

 

[8] See further discussions in Gavriel H. Cohn, Iyyunim ba-Hamesh ha-Megillot (Hebrew) (Jerusalem: Eliner Library, 2006), pp. 253-258; Fox, A Time to Tear Down and a Time to Build Up, pp. 1-26.

 

[9] The commentary of R. Samuel ben Meir (Rashbam) on Qoheleth, ed. and trans. by Sara Japhet and Robert B. Salters (Jerusalem: Magnes Press, Hebrew University; Leiden: E.J. Brill, 1985).

 

[10] Michael V. Fox, The JPS Bible Commentary: Ecclesiastes (Philadelphia: Jewish Publication Society, 2004), introduction p. xvii.

 

[11] See discussion of sacred scriptures ritually defiling the hands in Sid Z. Leiman, The Canonization of Hebrew Scripture: The Talmudic and Midrashic Evidence (Hamden, CT: Archon Books, 1991), pp. 104-120.

 

[12] In Tractate Soferim chapter 14, the practice of reading Ecclesiastes is not mentioned when the other Megillot are. The first references to the custom of reading Ecclesiastes on Sukkot are in the prayer books of Rashi and Mahzor Vitry (eleventh century).

 

[13] Cf. e.g., Ecc. 2:24; 3:12, 22; 5:17; 8:15; 9:7; 11:9.

 

[14] Cf. e.g., Ecc. 7:12, 19; 8:1; 9:18; 10:12.

 

[15] Cf. e.g., Ecc. 2:13-15; 6:8; 7:15-16, 23; 8:17; 9:1, 11, 16.

 

[16] In relation to the introduction of this chapter, Lyle Eslinger (“The Enigmatic Plurals Like ‘One of Us’ [Genesis I 26, III 22, and XI 7] in Hyperchronic Perspective,” VT 56 [2006], pp. 171-184) proposes that the “plural” form of God that appears three times in Genesis expresses the rhetorical purpose of creating boundaries between God and humanity. The first (“Let Us make man”) distinguishes between God and the godlike human; the other two occur when the boundaries are threatened by Eve and then the builders of the Tower of Babel.

 

[17] Cf. e.g., Ecc. 5:6; 8:12; 12:13.

 

[18] Fox, A Time to Tear Down and a Time to Build Up, p. 49.

 

[19] Days of Deliverance: Essays on Purim and Hanukkah, p. 33.

 

[20] In this regard, Eccelesiastes resembles the Book of Job. While a rigid system of direct reward and punishment is refuted by empirical evidence, this belief is replaced by an insistence on humble submission to God’s will and the supreme value of faithfulness to God. Suffering has ultimate meaning even if we cannot fathom God’s ways. See Michael V. Fox, “Job the Pious,” ZAW 117 (2005), pp. 351-366.

 

The "Image of God": Thoughts for Parashat Bereishith

Angel for Shabbat, Parashat Bereishith

by Rabbi Marc D. Angel

 

            The Torah makes a startling statement about God’s creation of Adam/Humankind:“So God created Humankind in His own image [tselem Elo-him], in the image of God He created him; male and female he created them” (Bereishith 1:27). Sages have devoted much thought to this verse. What exactly does the Torah mean by the phrase tselem Elo-him, image of God? We are too sophisticated to take the phrase literally i.e. that human beings are created in the physical form of God—a Being who has no physical features. Among the most widely held views, “image” refers to intellect, free will or creativity.

            I suggest that the phrase refers to the human potential for spirituality. From the very inception of humanity, God instilled within us a desire to transcend ourselves, to aspire to an infinite reality beyond our immediate reach.

            Evolutionary biologist Edward O. Wilson, in his book On Human Nature, presents evidence that a religious sensibility existed in human beings from the earliest times. All human societies-- from hunter gatherers to moderns and post-moderns—display a predilection to spiritual belief. This spiritual sense is intrinsic to humanity.

            Every human being has this capacity, but each of us develops and nurtures it differently. The seed of Godliness within us provides the potential for optimal human spiritual growth . Some are able to rise to great heights…to prophecy itself. Others negate and profane their tselem Elo-him by clinging to false ideologies or immoral behaviors.

            Dean Hamer, in his book The God Gene, argues that our spiritual sense is actually implanted in us genetically. “It is our genetic makeup that helps to determine how spiritual we are. We do not know God; we feel him.” This would fit in well with our notion of tselem Elo-him. We all have an innate spiritual disposition, albeit of different levels, and can choose to develop this disposition or suppress it.

            Religiosity and spirituality are not the same thing. Religions attempt to create frameworks that foster spirituality. Religions provide rites and ceremonials that are intended to stimulate our spiritual sense. But it is possible to observe the various rites and ceremonials and be oblivious to the spirituality these things are meant to inspire. Ideally, our religious lives should be in sync with our spiritual aspirations.

            In 1931, Benjamin Nathan Cardozo gave the commencement address at the Jewish Institute of Religion. He referred to the astronomer Tycho Brahe who devoted long years to mark and register the stars, when people mocked him for this seemingly useless endeavor. Cardozo remarked:  “The submergence of self in the pursuit of an ideal, the readiness to spend oneself without measure, prodigally, almost ecstatically, for something intuitively apprehended as great and noble, spend oneself one knows not why—some of us like to believe that is what religion means.”

            If we add “God” to Justice Cardozo’s statement, we will have a beautiful understanding of spirituality…and religion at its best. Something within us yearns for transcendence, truth, wholeness, unity. When we feel the presence of God, we not only transcend ourselves…we plumb the depths within ourselves.

            The quality of spirituality—the tselem Elo-him within us-- is God’s gift to us; how we use or abuse this gift defines who we are as human beings.

                                                                                                             *     *     *

Rabbi M. Angel has a 5 minute youtube program, "Are Terrorists Created in the Image of God."   Please see: https://www.youtube.com/watch?v=MF8-fwpcte4&t=15s

 

Review Essay: Jewish Literary Eros: Between Poetry and Prose in the Medieval Mediterranean

              My recently published book, Jewish Literary Eros: Between Poetry and Prose in the Medieval Mediterranean (Indiana University Press, June 2022), presents a comparison of fictional writings across literary traditions of the medieval Mediterranean. It places secular texts by Jewish authors side by side with works by their Muslim and Jewish predecessors and Christian contemporaries to see how attitudes toward fiction, metaphor, pseudo-autobiography, allegory, and courting rituals vary or parallel each other in unexpected ways. The texts in question were written primarily between the twelfth through fourteenth centuries by Jewish authors in Christian Spain and Italy and comprise a mixture of poetry and prose, known as prosimetra. The writing of this period has traditionally been considered decadent, less brilliant and innovative than compositions by Jewish Andalusian predecessors whose writings, still in regular circulation today, have had an incalculable impact on Jewish intellectual, literary, scientific, and exegetical histories. I hope that I dispel this misconception in some small way: the next generations of texts form a continuum, one that both looks to past innovations while also considering new ways to create meaning for readers attempting to survive ever more precarious realities.

Thus, on the one hand, this study has less to do with the Jewishness of these authors than the astonishing literary hybridity of writers from across the medieval Mediterranean—writers from different faiths who spoke the same languages, shared the same secular cultural contexts, and studied the same philosophical commentaries, mathematical treatises, and scientific texts. Indeed, the literary forms and the varieties of love I highlight are far more evocative of social conditions and cultural values than the entertaining qualities of the works seem to indicate.

On the other hand, there is something particularly Jewish about the texts by these Jewish authors, despite their unmistakable borrowings from and adaptations of Arabic and Romance literary forms and motifs. This something is at once both obvious and elusive; obvious, since secular texts written in Hebrew by Jews of al-Andalus, Christian Spain, or Italy are all in essence clever and brilliant pastiches of the Hebrew Bible, every word or phrase necessarily carrying with it a complex array of connotations that educated Jewish readers of the medieval Mediterranean would have noticed immediately and admired greatly. (There were a few detractors to secular poetry, of course, most famously Maimonides and his disciple ibn Falaquera, though Maimonides objected not to poetry itself but rather to its desecration of the Holy Tongue and its potential to lead men to engage in unseemly behavior.[1]) This something Jewish, though, is as elusive as it is obvious, since these authors broke new ground, experimenting with new literary forms and techniques: the resulting texts grapple with human love and poetics as intertwined and crucial steps toward ethical living, and regardless of intercalated biblical allusions the stories are removed from a Jewish context. At the same time, however, these authors openly declare their goal of creating texts that show the potency of the Hebrew language with the expressed hope of buoying their Jewish readers who were living in ever more precarious circumstances, facing persecution, forced conversion, forced migration. I must add that not all of the texts by Jewish authors featured in my book are in Hebrew; they also include works in Italian, Judeo-Spanish, and Castilian in the centuries following. In this way, the question of what makes a text particularly Jewish is even more challenging and amorphous.

To be clear, these authors were pious men who penned biblical commentaries and liturgical poems—Jacob ben Elʿazar the author of liturgical poems and Immanuel of Rome the author of extensive biblical commentary. But they were also secular polymaths, descendants of those who were trained in the Arabic tradition of adab, a word that in modern Arabic simply means literature but in the medieval period referred to a broad, humanistic education that any young man of means would have pursued. Like their Muslim counterparts, wealthy Jewish men in al-Andalus in the golden age of Hebrew letters (ca. 950–1150) studied these same subjects, one of which was poetry, poetic composition, and, what today we would call literary criticism. One of the most profound results of this flourishing humanism was the tenth-century adaptation of Arabic quantitative meter and thematics for use in Hebrew poetry, both secular and devotional; the same poets, such as Judah Halevi and Solomon Ibn Gabirol, composed both varieties.[2]

The later authors whose works are the focus of my book lived in Christian Spain and Italy, in periods of increasing unease and turmoil, their predecessors already having been driven from their beloved Andalucia by increasingly stringent Muslim rulers. Ben Elʿazar and Immanuel, for instance, composed masterpieces in Toledo and Italy (exact location unknown), respectively, amid fraught historical realities: ben Elʿazar had to contend with increasingly stringent papal and monarchical controls on Jewish businesses and religious practice, and while Immanuel’s Christian counterparts deigned to exchange Italian sonnets with him, they made sure to refer to him as “Immanuel the Jew” (a moniker that has remained even today when some modern-day scholars of medieval Italian literature refer to him) and to position him in excrement-laden visions of hell in their own sonnets—forceful reminders that he and his fellow Jews were purportedly expelled from Rome by the Avignon papacy in 1321, though documentation of the edict is not extant.

In the past two decades, scholars have delved into the multiplicity of literary traditions of medieval Iberia, devoting studies to Hebrew and Sephardic literature within the Mediterranean setting, including, among others, wonderful books by Ross Brann (Iberian Moorings: Al-Andalus, Sefarad, and the Tropes of Exceptionalism); Jonathan Decter (Iberian Jewish Literature); Michelle Hamilton (Representing Others in Medieval Iberian Literature); S. J. Pearce (Andalusi Literary & Intellectual Tradition); and David Wacks (Framing Iberia and Double Diaspora in Sephardic Literature). These studies complement research collections that confront the multiplicities of medieval Iberia from a comparative perspective, such as The Literature of Al-Andalus (edited by María Rosa Menocal, Michael Sells, and Raymond P. Scheindlin); A Sea of Languages: Rethinking the Arabic Role in Medieval Literary History (edited by Suzanne Conklin Akbari and Karla Mallette); and Under the Influence: Questioning the Comparative in Medieval Castile (edited by Cynthia Robinson and Leyla Rouhi).

My contribution is a pause amid these broader studies; in slowing down to look at the intricacies of literary form and genre across traditions, I find particular moments of innovation among Jewish authors. Freeing themselves from the steady restraints of both meter and rhyme built into the fixed poetic forms employed by Hebrew poets of al-Andalus, some Jewish authors of prosimetric or polymetric texts explored new literary forms to address secular love. Although my most conspicuous examples come from certain Hebrew maqamas, I also consider other works, including Immanuel’s Italian lyrics and polymetric Judeo-Spanish oral poems, and I broaden my discussion into experimental poetic and prose compositions from the fifteenth through seventeenth centuries. I situate these examples with respect to relevant sources in ancient Greek, classical Arabic, Latin, Castilian, French, Galician-Portuguese, Italian, and Occitan. When viewed in the comparative context of the medieval Mediterranean, the evolving relationship between the authors’ combinations of literary forms and the theme of love adds nuance to our understanding of how Jewish literature of the period negotiates its position within Islamicate and Christian literary traditions.

The question remains: why love? Profane love is the only theme shared across prosimetra by authors of the three religions. While all Arabic treatises, no matter the subject matter, featured interspersed rhymed and metered poems, Romance-language texts—which evolved much later than classical Arabic works, mirroring the centuries’ later development of distinct Romance languages—favored poetry and most often featured love stories; of the few extant Romance prosimetra, love is the choice topic. Yes, this is the realm of courtly love—a highly problematic term that I address thoroughly—a world of knights, princesses, and unrequited love; indeed, a world in which some Jewish authors were eager to take part. At the crossroads of these literary cultures, Jews of the medieval Mediterranean pushed poetry toward something new, combining dominant cultures’ literary stylings, at times imbued with biblical Hebrew and Jewish thematics, and with an undeniably perceptive awareness of self and other.

 

Works Cited

 

Brann, Ross. Iberian Moorings: Al-Andalus, Sefarad, and the Tropes of Exceptionalism. Philadelphia: University of Pennsylvania Press, 2021.

Hamilton, Michelle. Representing Others in Medieval Iberian Literature. New York: Palgrave Macmillan, 2007.

Maimonides, Moses. The Guide of the Perplexed. Translated by Shlomo Pines. Chicago: University of Chicago, 1963.

———. Maimonides’ Treatise on Logic (Maqāla fī sināʿat al-mantiq). Edited and translated by Israel Efros. New York: American Academy for Jewish Research, 1938.

———. Mishna ʿim perush Rabenu Moshe ben Maimon. Edited and translated by Yosef Qaʿfiḥ. Jerusalem: Mosad ha-Rav Quq, 1964.

Menocal, María Rosa, Michael Sells, and Raymond P. Scheindlin. The Literature of Al-Andalus, Cambridge: Cambridge University Press, 2000.

Monroe, James T. “Maimonides on the Mozarabic Lyric (A Note on the Muwassaḥa).” La corónica 17, no. 2 (1989): 18–32.

Pearce, S. J. The Andalusi Literary and Intellectual Tradition: The Role of Arabic in Judah Ibn Tibbon’s Ethical Will. Bloomington: Indiana University Press, 2017.

Robinson, Cynthia, and Leyla Rouhi, eds. Under the Influence: Questioning the Comparative in Medieval Castile. Leiden: Brill, 2005.

Scheindlin, Raymond P. “Hebrew Poetry in Medieval Iberia.” In Convivencia: Jews, Muslims, and Christians in Medieval Spain. Ed. Vivian B. Mann, Thomas F. Glick, and Jerrilynn D. Dodds, 38-59. New York: G. Braziller in association with the Jewish Museum, 1992.

Wacks, David. Double Diaspora in Sephardic Literature: Jewish Cultural Production before and after 1492. Bloomington: Indiana University Press, 2015.

———. Framing Iberia: Maqāmāt and Frametale Narratives in Medieval Spain. Leiden: Brill, 2007.

 

 

 

[1] For Maimonides’ opinions on poetry, see Maimonides’ Treatise on Logic (Maqāla fī sināʿat al-mantiq), 48–49; Maimonides, Mishna ʿim perush, Avot 1:16; trans. in Monroe, “Maimonides on the Mozarabic Lyric,” 20; and Maimonides, Guide of the Perplexed, 2:435 (3.8).

[2] For a thorough overview of this cultural and literary landscape, see Scheindlin, “Hebrew Poetry in Medieval Iberia.”

Nature and Torah: Thoughts for Parashat Lekh Lekha

Angel for Shabbat, Parashat Lekh Lekha

by Rabbi Marc D. Angel

In Chapter 2 of his “Laws of Foundations of Torah,” Maimonides discusses the commandments to love and fear God. “What is the way to love and fear Him? When one contemplates His wondrous and great works and creations and sees in them His infinite wisdom, immediately he loves and praises and exalts and yearns with an overwhelming yearning to know His great Name….On meditating these very things, one immediately recoils, fears and trembles, realizing that he is a tiny, low and obscure being of small intelligence standing before the One with perfect wisdom…”

Significantly, Maimonides locates love and fear of God in a universal context. Every human being can contemplate the wonders of nature and detect the greatness of the Creator. Maimonides might have written that one learns love and fear of God by studying the Torah…God’s word. But by specifically including this passage in his section on Foundations of Torah, he was teaching us that we are not only Jews with a Torah…but we are human beings who share in the universal human spiritual adventure.

This week’s Torah portion begins with God’s command to Abram to leave his land, his birthplace, the house of his parents. Abram was to go to a land that God would show him and start a new chapter in the history of humanity.

The Torah does not indicate why God chose Abram for this awesome challenge. Rabbinic tradition filled the void with various Midrashic stories that highlight Abram’s spiritual greatness. Although his father Terah was an idolater, Abram repudiated idolatry and shattered his father’s idols. Abram did not inherit faith in One God, but discovered God through philosophical questioning. In viewing the wondrous and great works and creations, he concluded that these things could not have just happened on their own. There must be a Creator who set things in order.

Abram discovered God centuries before the Torah was revealed to the Israelites at Mount Sinai. The Midrashim underscore that God is accessible to us through our universal human capacities.

The opening chapters of the Torah, from the creation story, through Noah and Abram/Abraham, are directed at humanity at large…not just at the Jewish People. The message is: through philosophy and science, human beings can attain love and fear of God.

Jews have an additional route to God: the Torah. Each morning in our prayers, we thank the Almighty for having granted Torah to the People of Israel. The teachings and commandments of Torah put us in contact with God’s word and God’s will…and the more we study and internalize Torah, the more we are able to deepen our connection with God.

Jewish tradition, thus, has two roads to God: the natural world, which reveals God as Creator; and the Torah, which records the words of God to the people of Israel. But the Torah itself leads us back to the first road, the road of experiencing God as Creator. The Torah and nature are bound together.

 The relationship of Torah and nature is evident in Psalm 19. The psalm has two distinct parts which at first glance seem to be unconnected. It begins: “The heavens declare the glory of God, and the firmament tells His handiwork. Day unto day utters the tale, night unto night unfolds knowledge. There is no word, no speech, their voice is not heard, yet their course extends through all the world, and their theme to the end of the world.” It goes on to describe the sun which rejoices as a strong man prepared to run his course. “Its setting forth is from one end of the skies, its circuit unto the other extreme, and nothing is hidden from its heat.” Then the psalm makes an abrupt shift. It continues: “The law of the Lord is perfect, comforting the soul…the precepts of the Lord are right, rejoicing the heart. The commandment of the Lord is clear, enlightening the eyes.” From a description of the glory of God as manifested in the natural world, the psalm jumps to a praise of the Torah, God’s special revelation to the people of Israel.

 The psalm is teaching that one may come to an understanding of God both through the natural world and through the Torah.

For the Jewish People, Abraham is our father (Avraham Avinu) and Moses is our teacher (Moshe Rabbeinu)…and both lead us to God.

Book Review: Dennis Prager on Deuteronomy

Book Review

Dennis Prager, The Rational Bible: Deuteronomy (Regnery Faith, 2022)

 

          This review is a sequel to my reviews of Dennis Prager’s volumes on Genesis and Exodus, found at https://www.jewishideas.org/article/review-dennis-prager-genesis and https://www.jewishideas.org/article/review-dennis-prager-exodus.

 

          Throughout the contemporary West, we find increasingly aggressive elements in our government, universities, schools, media, and many other influential venues that viciously attack God, the Bible, family values, the very notion of an objective morality, and many other core ideals we cherish. Many of the biblical principles America is built upon are brutalized or at best ignored.

          Dennis Prager is far better known as a political commentator than a Bible Scholar. Nonetheless, he is animated by his belief in the Torah and its enduring moral messages for humanity. Whether or not one agrees with all of his politics or individual interpretations of the verses, Prager’s commentary is strikingly relevant when he emphasizes the moral revolution of the Torah and the vitality of its moral teachings to today’s increasingly secularized Western world. Prager pinpoints several of the major differences between the Torah’s morality and the dangerous shortcomings of today’s secular West. In this review, we will focus on several of his central points.

 

In Deuteronomy 1:13, Moses selected judges who were “wise, discerning, and experienced.” All three traits pertain to wisdom, not goodness. Of course, judges also must be good people, but that trait alone is insufficient for leadership. A good society is unattainable without wisdom. Prager observes that “there have always been people who were personally good—individuals who have good intentions and even a kindly disposition—who enabled evil to prevail.”

On a personal level, parents who spoil their children without teaching them right from wrong may be good people, but they lack wisdom. On a global level, communism is the best example of good intentions without wisdom. Communism has killed approximately 100 million people, and enslaved a billion more. Their tyrannical leaders, and some of their supporters, are truly evil people. But many millions of their supporters sincerely believed that communism would build a better world for the future. However, they lacked moral and economic wisdom, thereby supporting and enabling the evil tyrants to obtain and retain power (6-10).

          The world’s freest society, the United States of America, is both a democracy and theocracy. Theocracy without democracy leads to an unfree society. Democracy without God leads to moral and intellectual chaos. George Washington stated, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports…reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.” In a similar vein, John Adams remarked that “Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other.” Prager observes that it is no accident that the two mottoes of the United States are “Liberty” and “In God We Trust” (283-285).

 

The Book of Deuteronomy repeatedly warns against following false gods. Prager enumerates several of today’s “false gods” (71-84). One of the most corrosive elements to the fabric of our increasingly secular society is the elimination of God and the Bible, and replacing its wisdom with an overvaluation of education and intelligence.

Prager quotes Professor Steven Pinker of Harvard University, who observes that “universities are becoming laughingstocks of intolerance.” Well-educated people disproportionately supported the Nazi party, as well as communism. The same is true for those today who hold anti-American and Israeli sentiments.

          In 2015 Prager participated in a debate at the prestigious Oxford Union at Oxford University on the subject of whether Israel or Hamas is a greater obstacle for peace in the Middle East. That this debate could even occur is truly terrifying, given the terrorist organization Hamas’ genocidal charter. Yet, the debate went on, and the majority of the over 400 elite students in attendance voted that Israel is the greater obstacle to peace, as this is what they are taught.

          Education uncoupled from God and morality becomes a false, and a very dangerous, god. Among those naïve enough to think otherwise was Sigmund Freud, who confidently stated in 1927 that secular education could replace religion as the basis for a moral society: “Civilization has little to fear from educated people and brain-workers. In them the replacement of religious motives for civilized behaviors by other, secular motives would proceed unobtrusively.” Within ten years of making that statement, Freud witnessed many of his fellow Austrian and German intellectuals support Nazism and even participate in the atrocities.

          Of course, people who claim to be religious can be evil, and people who do not believe in God can be exceptionally moral. The issue is society and its institutions. Without religious core values, secular society almost inevitably loses its wisdom, and then risks becoming evil.

 

          The Book of Deuteronomy promises national reward for righteous behavior, and national calamity for wicked behavior and unfaithfulness to God. To the modern mind, such promises often appear to reflect a low-level religious system. Prager defends the Torah’s discourse on several grounds (142-143).

          First, the Torah could have omitted all reference to reward and punishment. This idealistic system is simply untrue to human reality. When people are rewarded for competent work, they work harder and more competently. This is why the capitalistic free market economy was the only system that enabled people to lift themselves out of poverty. Some are seduced by the Marxist socialist ideal of people being rewarded “according to their needs,” rather than for the excellence of their work. This ideology, however, eliminates the incentive to work hand. Further, who determines the “needs” of individuals? Generally not the individual, but the state. This is the road to tyranny and totalitarianism. Prager concludes, “And who doesn’t want to live in a just world? Only the unjust.”

          The Torah could have shifted focus to reward in the afterlife, but its entire agenda is to build a great society in this world.

          Finally, the Torah could have demanded faithfulness based on love of God. However, that argument would work only for the religiously elite few.

          Therefore, the Torah’s stress on this-worldly reward and punishment is the most effective means of promoting a universally righteous society.

 

          A central theme in Deuteronomy is gratitude. God blesses Israel with a beautiful, bountiful land. The religious hazard of that blessing is that Israel may in turn become spoiled and arrogant, considering their prosperity as their own achievement. Prager comments that “gratitude is the mother of both happiness and goodness.” The easiest way to undermine gratitude is to take something or someone for granted. Most people appreciate what they had only once they have lost it. Parents spoil their children when they give them everything, as children come to expect everything. Saying “thank you” is not merely polite etiquette; these words inculcate gratitude and appreciation. Jewish law has blessings for everything, including eating and even relieving oneself in the bathroom. These blessings, when taken seriously, infuse gratitude and happiness into the most mundane moments (154-156).

 

          In Deuteronomy 12:20, the Torah permits “secular slaughter” away from the Temple, enabling Israelites to eat meat outside of a sacrificial context. Prager uses this commandment to launch into a discussion regarding animal rights activism gone awry in the secular world. There is an increasingly prevalent value of people and animals being of equal worth. Prager quotes a 2003 PETA ad campaign, which appallingly equated barbequing chickens with the cremation of Jews in the Nazi death camps. They entitled their ad campaign, “Holocaust on your Plate.” It was a Jew at PETA who created that ad campaign, and he doubled down on his assertion that chickens and humans are of equal value when he was challenged.

 

          In Deuteronomy 19:13, the Torah insists that we show no pity for murderers. The Torah understands that if we see the condemned, we naturally will have pity, and consider withholding the capital punishment. However, such pity overrides the true victims, namely, the person who was murdered and his or her family. In a debate on American television with the leader of an anti-capital punishment vigil being held in front of the prison where a murderer was about to be executed, Prager “asked the activist if he and his supporters had ever held a vigil in support of a murder victim’s family. I received no response” (303-304).

We should lead the world in morality, but not promote a morality so far beyond realism that we subject ourselves to mortal danger. Prager quotes Rabbi Irving (“Yitz”) Greenberg reflecting on the modern State of Israel, surrounded by vicious enemies committed to Israel’s destruction: “If we Jews are five percent better than the rest of the world, we can be a ‘light unto the nations.’ If we are twenty-five percent better than the rest of the world, we can bring the Messiah. If we are fifty percent better than the rest of the world, we’ll all be dead” (316).

 

          Through these and so many other religious-moral teachings, the Torah was a revolution in world history, and continues to bring relevant, and sorely needed, teaching to the modern world.