July 02, 2009

Sex Abuse

A recent book Tempest in the Temple: Jewish Communities and Child Sex Scandals (Brandeis Series in American Jewish History, Culture, & Life), contains essays from a wide range of professional and rabbinical contributors. They highlight the issues and the tendency of parts of the Jewish world, in common with so many other "enclavist" religious communities, to try to hide or ignore serious human failure and avoid facing reality. I am pleased I was asked to write a preface. The current situation is a betrayal of essential religious and ethical values. In practice self-interest and self-preservation seems to trump God every time.

Some communal figures have tried at various times, on both sides of the Atlantic and in Israel, to come to grips with these issues. But invariably they too are pressurized and undermined. New York Assemblyman Dov Hikind, was so disturbed by the evidence presented to him of abuse that he entered the fray to name and shame. He described the pressure exerted on him from Charedi sources as a "learning experience". The Charedi world is very good at exercising pressure and getting round the law of the land. In a different recent scandal, a Charedi prisoner was given highly preferential treatment because of the powerful influence of a top Satmarer fixer whose reach extended to the prison governor.

In a recent case in the USA, a Charedi teacher was sued for sexual abuse of minors. The victim and his family, as usual, were pressured to drop charges instead of being supported. The teacher himself continues to function openly and all efforts are being directed to get the case dropped instead of prosecuted! Over the years ultra-Orthodoxy and obstructionism have been virtually synonymous. Why?

Orthodox defendants always claim they are being hounded because they are different. They argue that social services and legal authorities do not fully understand the inner workings and sensitivities of different communities. And often they are right. I have heard similar complaints from Muslims in North London, blacks in South London, Sikhs in West London, and Africans in the East End. But the culture of victimization, whether used by Jews or blacks or Muslims, invariably leads to cover-ups which perpetuate even greater suffering and evil.

And doctrinaire attitudes on the part of Democratic or Left Wing agencies do not help. Legislation is proposed in New York by Assemblywoman Margaret Markey to change the laws regarding child sexual abuse in private schools to allow for a longer time frame to prosecute. The religious lobbies, Catholic and Charedi contend that Markey's bill would allow the filing of suits against religious schools based on alleged abuse that may have taken place decades before and might be too difficult to defend and similar legislation is not being proposed for state schools. Why? The answer of course is the power of the Teachers Unions who dogmatically oppose religious education. This clearly looks like victimization against religion, and as a result the bill is being blocked. Actually, the latest is that petty, corrupt wrangling between NY State politicians has frozen all legislation for another year at least! So let us not only blame religion!

In recent weeks two more awful cases of sexual abuse have emerged. Both of them concern ultra-Orthodox men, apparently respected in the community. One was sentenced to 30 years for sexually abusing his daughter. Particularly poignant was the fact that other daughters sided with the perpetrator--a typical indication of how people living in closed communities too often rally round to defend the wrong side of the case. In another scandal, a Jewish social services network specifically set up to deal with such problems simply did not do its job and allowed a pedophile to continue on his path of destruction until secular authorities finally stepped in. The culture of self-protection is perpetuated. And it is not just over this issue.

A recent piece in The Forward paper asked for responses from Jews of different denominations a year after the notorious Rubashkin scandal in Postville, where the Orthodox owners had been abusing not only kosher practice but also civil law. The Charedi respondent focussed on the unfair prosecution and the victimization of the Rubashkins. The others were more concerned with ethical issues, immigration abuse, improper employment and management, and other examples that have besmirched Orthodoxy, in other words chillul HaShem, desecrating the good name of Heaven and Israel. Once again the self-protective mechanisms lock into place and other issues are sidelined.

There are at last signs that the Charedi community is waking up to how much damage it is doing to itself by defending the indefensible and by not coming out with unambiguous condemnation. In Israel the courts have intervened both to prosecute and extradite sexual abusers. But sadly, none of this will amount to anything as long as a mindset continues to exist within much of the Charedi community that rubbishes anything that come from outside it, encourages evasion and deception in dealing with governmental agencies, and victimizes those who speak out (like beating them up on the streets of Stamford Hill). And indeed until pork barrel politics stops exchanging favors for votes. Until these issues are addressed, more and more human souls will be damaged and the perpetrators protected by those who ought to be dealing with them.

So much in life is about perception. Even if some Orthodox objection to aspects of bills might be understandable, the public perception once again is that the God Squad rallies round to protect itself, even at the expense of its own victims. This cannot do religion any good at all. It is just the same with issues such as the Aguna or Divorce Law. All Orthodoxy is seen as doing is obstructing. It needs rather to be shouting from the rooftops that the situation is intolerable and its religious leaders will not stand for it.

It is indeed a matter of PR. You see it in Israel's public response, too. Instead of saying, "Yes we absolutely want and are committed to peace", and then raise valid qualifications, they consistently say things like, "No peace until..." Just as rabbis like to say, "No you can't, it's forbidden", and then find themselves having to qualify or clarify. Imagine if every lover started off a profession of love with, "These are things that are wrong with you, but and nevertheless, I love you!!!"

The hopeful side is that the more publicity, the more books and documentation that expose the problem, the more the chances of change, however slowly the wheels turn.

June 25, 2009

Tammuz and Baddies

We have entered the Hebrew month of Tammuz, named after the Babylonian and Sumerian god Tammuz. Tammuz begins the Summer solstice and in ancient times this meant that the god of plenty died as the fierce summer heat took control of the skies. God Tammuz died and good pagan women went into mourning. Look at Ezekiel 8:14 for confirmation.

You may wonder whether it is coincidence that we Jews now begin mourning in the month of Tammuz for the loss of Jerusalem, the Temple, and our land, twice in history, precisely during Tammuz. Bad things happen in Tammuz. And frankly in the homeland of Tammuz, as I write, Muslim clerics are ordering their thugs to kill innocent human beings simply because they protest, peacefully, at the abuses of said clerics. If this is what religion stands for they can keep it!

No doubt neophyte academics eager to make a reputation will suggest the actual invasions and destructions of 586 BCE and 70 CE never took place and it is all a myth. Awkward that non-Jewish archaeology confirms the events, but that’s never got in the way of a good theory before. Still, what is a Sumerian god doing amongst the Jewish months? Indeed, if you look at what months are mentioned in the Bible and which are not, and which came to be officially recognized some 1700 years ago when we fixed our calendar, you can only conclude that external factors were an influence on language and usage.

Judaism has never existed in a vacuum, not even in the Wilderness. We always have been, and we still continue to be, influenced by external forces and cultures in one way or another. Thankfully our abuses or religion are less lethal. According to the great Jewish historian, Jacob Katz, and Israel Yuval, medieval Jews reacted to Christian Piety and monastic revivals by adopting a even stricter code of dress and ascetic custom. Maimonides created new theological responses to Islamic pressure. The Hassidic adoption of Polish baronial dress, complete with fur hats, was hardly a Mosaic custom. And the tendency to withdraw behind ever-increasing strictness was a response to the challenges of assimilation and reform.

Now it seems the Torah world is trying its best to rival Islam for severity. Fifty bus routes in Jerusalem now enforce sexual segregation with women at the back. That’s interesting. Why not men at the back? But we all know that is a stupid question. I lived in Jerusalem for six years at various times between 1957 and 1967. And I travelled on urban and interurban buses all the time. Not once did I ever come across a segregated bus.

Even down in holy Meah Shearim, where I lived for the last four of those years, did I ever notice a Charedi man object to getting on the unsegregated buses that went through Meah Shearim. Yes, they objected to semi-nudity and looked the other way when secular exhibitionists seemed to think their effulgent boobs were something that others might want to admire. And I did often notice men try to sit down next to other men (and in those days no one thought anything about that, but of course times have changed on that issue too).

So are we to assume that all those religious and saintly men and women were wrong and repeated their sins year in and year out for tens of years and only now the truth has emerged and purity can only be achieved by segregation?

One of the delights of living in Meah Shearim was being able to read the almost daily anonymous wall posters, pashkevilin, that would appear, complaining about anything from Zionism to nudity (or one rebbe excoriating another as a low-life heretic). They would always start off with the same formula, "Woe to the ears who have heard it and tingle the eyes who have seen it and weep", and go on to declare that, say, a brand of apple was known to be infested by Zionist bugs or some such catastrophe.

But things are getting worse, not better. Where is evolution? Why are we becoming so incredibly petty and small-minded? Why do we see danger in every new invention? Why after tens of years of eating the Israeli junk food, Bamba, are we suddenly caught up in a war between rabbis who argue as to whether one should bless this way over it or that?

Why? It is simply because if our Muslim brothers are going madder and more extreme, we cannot be left behind. And believe me dear reader it might be buses today but it will be chadors and burkas tomorrow. Actually, I believe burkas have already arrived in parts of Beth Shemesh and Safed. And the more the secular world uncovers, the more we need to wrap our cloaks around us tighter and tighter. See that's what happens--you start with Tammuz and you end up with naked elbows. The descendants of the very good Jews who were seduced by the Midianites into sexual depravity dare not see a woman for fear they will not be able to control themselves.

Modesty is terribly important, as a mental and physical state, all the more so as much of secular society believes everyone should have every pubic hair on the human body shoved in one's face and rolls of naked flesh are beautiful and should be flaunted. I approve of halachic limitations on how much you show in public. The imagination is almost always more attractive than the reality. I do not believe in "doing it in the road" or "letting it all hang out". But neither do I believe in the ostrich mentality that seeks to lock women up behind closed doors because men don’t know how to control themselves. Ah, that feels better. Now back to mourning.

June 18, 2009

Italy

I love Italy. From Garibaldi to Mussolini to Berlusconi, its leaders have been puffed-up, plausible, self-important operatic heroes and womanizers, all song and show and little substance. Or else shady villains like Andreotti, in league with the Mafia, the Camorra, or the Ndraghetta, doing whatever it took to advance their private agenda. Italy is by most objective standards a disaster. By rights, it ought to be a failed state. No one pays taxes or obeys the law. Yet it seems to thrive economically. Its academic institutions are third rate, overcrowded, and incompetent, yet it produces great academics, writers, artists, and designers. Its judiciary is corrupt and its prosecutors usually end up assassinated and yet somehow there are those honest and idealistic few who simply persevere. It is riddled with clerics but then so it is with Marxists and Anarchists. And its bureaucracy makes Israel look positively competent.

Italy is heaven (after God has gone on vacation). Think of its sun, history, countryside, beaches, art, music, food and wine, Puccini, Rossini, and Verdi. There is a passion, a joi de vivre about Italy that you will not find in any other Mediterranean or European country.

Not only, but Italy under Berlusconi is probably the European state most positively inclined towards the Jews. Yes I know there a darker side but Italy was the first to step up to the plate and refuse to go along with the racist farce that the UN Committee of Human Rights put on in Geneva. At first I thought it was just Berlusconi liking to stick his third finger up at the world whenever he can. But I have just read a book Between Mussolini and Hitler by Daniel Carpi that shows that Italians (rather than Italy) played a very significant role in thwarting Nazi designs on their Jews.

It is not that Italians loved Jews particularly. After all the record of Papal anti-Semitism is not pleasant. The abduction of Edgar Mortara in the nineteenth century showed Catholic authority at its most venal. But to be fair the subsequent outcry in Italy was instrumental in creating a new secular state. No, Italian attitude towards Jews is based more on the fact that they were and are bloody-minded. When, in World War II, a more powerful ally tried to bully them into getting rid of their Jews, they found ingenious and typically Italian ways of responding obstructively while appearing polite, cooperative, and incompetent.

Of course, Mussolini was Hitler's ally. Although he declared in an article printed in the New York Times on 25 June 1936, "Jews have had, presently have, and will continue to have the same treatment as any other Italian citizen, and there is no place in my mind for any form of racial or religious discrimination," in typical Mussolini fashion he introduced anti-Jewish legislation in 1938. Some said he did so only to please his German allies, and it is true enforcement was notoriously Italian, lax, inconsistent, and halfhearted.

The Italians certainly suffered from an inferiority complex vis-a-vis the Germans. So that although they were allies, the Italians did not always do what the Germans required of them. This was so in the Balkans and particularly in Vichy France. In general the French were even more enthusiastic than the Germans in hunting down Jews and packing them off to their deaths.

The Italians had occupied a sector of France adjoining their territory. At first the French tried to put pressure on the Italians to hand over their Jews. That didn't work. Then the Italians started to pressurize the French, in turn, to release Jews to their sector. At the same time they had to contend with pressure from the Germans to get tougher with their own Jews. And this is where the Italians did brilliantly in a series of maneuvers that stymied the Nazis. Of course in the end Mussolini was deposed. The Nazis marched in and took over northern Italy to stop the Allied advance; they were responsible for those Italian Jews who died in the Holocaust. But before that happened, the Italians took steps that were amazing, amusing, and typical.

They knew beyond doubt what the Germans were up to (of course, so did everyone else but they could not have cared less). "The German authorities do not conceal the aim they have set themselves. They confirm their willingness to exterminate the Jewish race completely and they justify this total extermination as humanitarian action because it would restore the European peoples to health," wrote Dino Alfieri, the Italian Ambassador in Berlin to Rome in 1942.

So to keep their ally happy, the Italians reiterated their agreement with Nazi policy while instructing the army to protect Jews and indeed move them into the remote Alps out of the reach of the French and the Germans. When the Nazis realized this, the Italian government apologized and instructed the army to hand over responsibility for dealing with Jews to the police. The Nazis were delighted because they thought the Italian police were like the German police, tools of the SS.

Then they discovered the police were protecting the Jews. So the Italians reassured them by setting up the "Department of Race Police". At its head was a man called Lospinoso, who claimed he knew nothing at all about the Jews and the Jewish problem and needed time to study the situation, formulate policies, and then report back to Rome. All the while, he was working with Jewish activists to get Jews out of harm's way. But in the end, the Nazis deposed Mussolini, invaded and took control.

As I read Carpi's book, in between my anger at the French and Germans, I was torn between gratitude and laughter for the seemingly bumbling incompetence of the Italians, their injured pride and need to preserve their dignity and Bella Figura. And I thought thank goodness for them.

That's precisely why I love Italy--in the end, it is life that supersedes all else and to hell with laws and regulations as long as we can have a good time and live well. That, within a spiritual framework of course, is actually what the Torah means when it says, "Laws are there to help us live." Without life what is the point of the law? Salute!

June 14, 2009

D-Day

This year in the run up to D-Day and the Allied invasion of the Nazi Empire of Death in June 1944, several books have appeared that revisit the past. One, D-Day: The Battle for Normandy by Antony Beevor, has rightly been critically acclaimed. In addition to its documentation of the invasion, amongst other controversial issues, it goes into detail describing the Allied disregard for human life and property as they advanced through Normandy. Not even the justest of wars is without its abuses.

Apart from sickos, I have not yet heard it said that the Allies were wrong to destroy the Nazi regime. Even those who excoriate what they see as Allied excesses, such as the bombing of Dresden or of Bomber Command, moral relativity has not yet (though no doubt it will) descended to depravity in declaring that the Allies should have sought a deal that would have reduced casualties but left the Nazis intact. One of the reasons, of course, was the evidence everyone had of the unbelievable barbarity of the Germans and their partners in depravity. This was why the president of the United States visited a concentration camp on his way to commemorate D-Day, precisely to underscore the distinction between wars and just wars.

In Judaism, one of the definitions of a Just War, Milchemet Mitzva, is war of self defence, and this issue comes up indirectly in Beevor's book when discussing the way Nazi soldiers battled on against overwhelming odds against the Allies. Beevor suggests they were brave defenders of their land, battling to the end only to be dealt no quarter by the Russians coming in from the east. But defenders of what? Defenders of death camps? In reality, they fought on because they knew damn well what evils and atrocities they had been committing, and rightly expected no quarter, the cornered beast.

This is one reason why I find so much history of the Second World War so unpleasant to read. It is why I cannot bear the sort of BBC or PBS documentaries that interview old Nazis who sit there proudly and dispassionately talking military tactics and efficiency in dispatching the enemy, when they were the very ones supporting a regime of the greatest inhumanity the world has seen. The German people and the German soldiers knew well enough the nature of the regime they were supporting and willingly supped with the devil and directly benefited from the booty and the loot. So when these barbarians fight "bravely" for their lives and their crazed leader, is this something we should commend or admire?

One of the reasons I believe that Israel is still morally superior to its enemies and detractors is that, for all its faults (and who has none?), its society has produced a massive amount of literature and film that decries the awful waste and degradation of war and the human tragedy that affects victor and vanquished alike.

Not a Cannes Festival goes by nowadays without at least one film baring the Israeli pacifist soul, and a healthy thing it is too. Arab society bans such offerings. Similarly, I see a moral difference, without excuse, between crimes committed during the heat of battle and the slow, calculated, vile torture, evisceration and mutilation of bodies afterwards in which Israel's enemies specialize, from Lebanon, Gaza, and Ramallah to Mumbai (one reason why in the War of Israeli independence the wounded often dispatched themselves rather than fall into Arab hands).

But where were the films and literature produced in cultured and literate Germany while they were destroying Jewish children? And if the answer is negative because they were frightened of the regime, then tell me why they fought to the bitter end to defend it?

I doubt the Allies fought a moral war. It was one of survival. No country in continental Europe, except Denmark, behaved in a civilized manner. The French were even more determined to get rid of Jews than the Germans, though they were delighted to let them do the dirty work. Had not the Americans joined the British in fighting the Germans, I would not be alive today. That is why I celebrate the victory and regard the outcome of the war as a miracle that defied logic and nature. Yet a younger generation of Europeans who have no inkling of history fail to understand why Israel so doggedly fights for its survival and independence.

I used to think conflicts were between two rights. And I certainly accept the rights of all peoples to self-determination. But I still believe that one can and one needs to see moral disparity where it exists. WWII was not just a military contest between two professional armies. It was a battle between free societies and one that was absolute evil. And that is why for as long as supporters of Hezbollah and Hamas are determined never, ever to recognize a Jewish presence and employ the crudest of anti-Semitism in their armory, Israel must not lay down its arms. Peace must be pursued regardless, but moral values must be seen to win. Capitulation to a primitive mindset in the misguided hope that this will lead to peace would be the same error that Chamberlain made in 1939.

There was a neurotic outcry from some rejectionists in Israel that Obama made a comparison of equivalence between the Palestinians and the Holocaust. But actually he neither said nor implied anything of the sort. On the contrary, he was saying that opposing the Nazis was an unconditional mandate for civilized mankind. But supporting the Palestinian cause is a moral issue that, while it must be addressed, still requires reciprocity. Otherwise, the lessons of World War II will be forgotten as avoiding conflict becomes the only good.

June 05, 2009

Dogma

Dogma: system of doctrines proclaimed by religious authorities to be true. Religion is indeed dogmatic. But politics is worse, with less excuse (and when it is not dogmatic it is corrupt).

Obama is the new Super Hero. Rave reviews of his Cairo speech. Though did you notice glum silence when he spoke about anti-Semitism or rights for Jews or recognizing Israel but applause for everything else? We hear what we want to and we block out what we don't. That's human nature.

Words are fine. What about actions? People forget that Obama rose up through the ranks of the Democratic Party of the United States and, as I predicted, is more or less enslaved to it. The Democratic Party, not unlike the old British Labor Party of Hugh Gaitskell and Michael Foot, is wedded to ideological positions that not only make no sense but are often damaging.

The Democrats are opposed in principle to school vouchers. They like to claim they are in favor of giving people choice, and so they are on issues such as abortion. But when choice conflicts with doctrine they suddenly become dogmatic and prescriptive. The school voucher system, where State schools are manifestly failing, would give parents funds--less than the cost of educating a child in the state system, but enough to pay for a better private education. All the evidence shows that disadvantaged children do better academically this way than if they stay in poor state schools.

But powerful teachers unions, who contribute massively to Democrat funds and have their lackeys in significant positions in the party, refuse to countenance the idea because they are dogmatically wedded to state schools no matter how awful they are. The teachers unions have been in the forefront of preventing schools from sacking poor teachers, removing failing principals, or paying more to teachers who work harder and achieve superior results.

They remind me of everything regressive and destructive in UK Trades Unionism that Margaret Thatcher almost succeeded in sweeping away entirely. The only remnants are the same teachers unions in the UK who, with their political pawns, are responsible for the pathetic state of English public education today. Heaven forefend free enterprise should be allowed to do it better if it can (otherwise, if it fails, it closes and that's an end to it). Obama is supposedly in favor of choice. So why has he thrown his weight behind this decision of the Democratic congress to withdraw vouchers in Washington from children who have been shown to have done better when they were given choice?

True the voucher system was supported by Bush and the Republicans so that it itself is sufficient grounds to condemn it in the eyes of his opponents, regardless of whether it works or not. What is more, many private schools are religious schools. So here too is an offense against Democratic Nostra that must be punished.

The cost of private education in the USA is astronomical, particularly for those of us brought up on state subsidized schooling in the UK. A child in a Jewish school in New York costs its parents around $30,000 a year. And you pay that after having paid close to 50% of your income in taxes in some States. If you had four children you would need to earn $240,000 a year just to pay for education alone. So it is hardly surprising that Orthodox Jews and Catholics, wedded to the values of religious education, and with large families, campaign for vouchers, whereas others line up with those who oppose anything that smacks of state support for religion.

Still the main issue is dogma. I have lived through the destruction of the English education system by socialist dogma. Selective grammar schools that gave poor, able children the chance to rise to the top were scrapped. Secondary modern schools that provided sound, basic vocational training and skills for industry were scrapped. It is true that there were strong social arguments against selective education, streaming children at 11 in ways that greatly influenced their futures. But, with a few notable exceptions, the "comprehensive schools" that replaced them met the needs of neither group.

Throwing everyone together, able with remedial, motivated with antisocial, refusing to remove disruptive elements, led to the values-less, education-less chaos that characterizes most of the state system in the UK today. It was precisely this that led to the explosion in Jewish schools that offered some semblance of discipline, cohesion, and pro-educational motivation. My father attended a simple state school nearly a hundred years ago that served him brilliantly and inspired him. That was why the vast majority of Anglo-Jewish parents were content to send their children to non-Jewish schools. Until dogma ruined them.

For all the billions that have been poured into state education, the results in the Western World are very disappointing. Graduates of the old Russian system, which was selective and authoritarian, have enriched the countries that have absorbed them since the collapse of the USSR, notably Israel and the USA. Both of which had state systems that once were envied and now are derided.

This doctrinaire approach to education, instead of an open-market innovative approach, is the result not only of vested interests but of a quasi religious fundamentalist belief that defies logic and experience. I am not saying Saint Obama is a bad President; on the contrary. But I am saying that he, a politician, is as hampered by dogma as any ecclesiastic.

And what is true of home affairs is also true of foreign affairs. By all means talk the talk. That is what I have been arguing Israel needs to do, for ages. But only invest in what actually works. Wishing is not enough. Until the USA gets involved with actions, not words, putting peace keepers on the ground, not wishing leopards change spots, wishing a hostile world to like him more will achieve nothing more than feel good.

I have no truck with those who build outposts in the West Bank for provocative or messianic reasons. I cannot trust a state system that forbids illegal settlements with one voice and encourages with another. But equally, I have no truck for appeasement and the craven desire to be loved. Push Israel towards peace indeed, but Obama still needs to read Machiavelli. And that goes for schools and states.

May 28, 2009

Ruth and Moses

Regardless of Shavuot's pastoral origins, the emphasis on Torah and the anniversary of the Sinai Revelation is now the dominant theme. What was once a rare kabbalistic custom of staying up all night to study, the Tikkun, has become pretty universal. For example, in the Manhattan JCC on Thursday night there will be thousands of Jews of all degrees of commitment, practice and beliefs gathered to study and discuss all sorts of topics of Jewish interest and socialize as well. So in recognition of Shavuot, instead of my usual light fair, here is something more substantial

Is being Jewish an objective statement about one's historical and genetic heritage or is it a statement of one's personal identity based on subjective experience? We have the Biblical narrative of how Moses received the Ten Principles (not really "commandments" as such) on Sinai, which were then expanded into what we now call Torah. And we are familiar with the story of the Book of Ruth, of how one non-Jewish person came to commit herself to Judaism. In fact, they represent two very different ways of looking at the relationship of individuals to Torah on the one hand and the nature of the relationship to the people on the other

There are many covenants in the Torah, from the covenant of Noah to that of Abraham, from the physical act of circumcision to the "constitutional" commitment at Sinai, to the later reaffirmation of national commitment on the Plains of Moab. But with regard to the Children of Israel, two covenants are conflated into the Sinai experience: the covenant of Torah and the covenant of peoplehood. I want to differentiate between a covenant of identity, a personal commitment to God, and a national covenant in which one subsumes one's individuality within the nation. Both feature in both sets of narratives

In fact, there are at least three differing accounts in the text of the Bible of what happened at Sinai. The first is Chapter 9 of Exodus. God tells Moses to address the nation: "Go and speak to the House of Jacob and tell it to the children of Israel." Exodus 9:3); and then the expression of the Divine hope that, if they accepted the covenant and listened to God, they would be a "nation of priests" (Exodus 9:5). The "people" then reply, unanimously, with one voice, that they will listen, which implies acceptance. This then is purely national

Except the text goes on to have God saying, "I will appear to you in a pillar of cloud so that the people will hear when I speak to you and they will believe in you forever." Once the notion of belief is introduced, then of necessity we have moved from national to personal. How else does one use the word "believe" if not of as a very personal commitment, something a person can only do for himself? Belonging can be a matter of deciding to join, pay one's dues, conform. But genuine belief requires a personal process either of feeling or thinking

The text goes on to describe the preparations and the limitations imposed on the people so that they should remain disciplined. There is a lot of heavenly noise, thunder and lightning. The people are afraid. This, like "belief", is a personal emotion. But both emotions are separate from the acceptance of a code of law and morality. That was what the Tablets of stone, also known as the Tablets of the Covenant, also called the Ten Commandments meant. Emotions need the structure, the consistency and objectivity of a constitution. The feelings facilitated the acceptance of the covenant

The second version comes in Chapter 24. Here the emphasis is less on the National Covenant and more on the Constitution, the Mishpatim (24:3)--a word not used in the first version. That is when the people reply again, unanimously, "We will listen", except this time they add, "AND we will do." You can't "do" belief but you can do actions. Moses writes down the words of the Covenant and the Covenant is sealed with the blood of sacrifices, an obviously ritual response to a behavioural obligation. Only then does Moses go up the mountain to receive the tablets and the rest

But at this moment something else happens. There is a kind of epiphany. In 24:10 it says, "They saw the God of Israel and underneath His feet it was like sapphire as pure as the essential heavens." It is not entirely clear who the people who had this experience, called the Atzilei Benei Yisrael were. Were they princes, or rebels, or anyone who was not up the mountain, or those half way up

The text says that nothing untoward happened to them, "They saw God and sat down to eat and drink." They were warned not to come too close, but they did and saw "an impression of God." The implication is that the sort of visual, mystical experience they had was not necessary but accidental. Does this mean that mystical experience, personal experience, is unnecessary, even dangerous, but that if it happens it can actually be a good thing? Is this an acceptance of personal autonomy to complement national obedience? Is it a personal covenant with God in addition to the national? That indeed is what Rabbi J.B. Soloveitchik suggested when he coined the phrase Brit Yeud, A Covenant of Personal Choice, to balance Brit Goral, the Covenant of one's National Inheritance

You might think that this is a typically mystical event. Something almost magical happens and as a result the people then reacted by eating and drinking, celebrating, were trying to relate that spiritual high to their material lives. Perhaps therefore this narrative talks about the personal mystical experience of God. And it is as an adjunct or addition to the national covenantal experience which is accompanied by Thunder and Lightning. Notice how the National Covenant is associated with sounds and awe, whereas the personal is associated with celebration through food and drink. You can be a committed practising Jew without experiencing God spiritually, but ideally one should try to. Spirituality is an extra dimension

Finally after the Golden Calf episode and the smashing of the first tablets in Chapter 33:17-23, Moses engages directly with God. He too sees, experiences an impression of God. Except he is shown the back, rather than the feet as in Chapter 24. Moses then returns up the Mountain to the cloud and the thunder and sounds of the shofar. There the text quite specifically refers only to his receiving the two tablets, the covenant, the "Ten"

When he descends his face is shining and people cannot look directly at him. To some he was almost a God substitute. He could relate to God directly. The people on the other hand could not even bear to look at him without the mask on his face. Does this mean the end of a direct man-God relationship and the need for intermediary, or is it simply a unique episode

This is a statement about the nature of people. For most people, religion is concerned with doing, performing, obeying. Priests and rabbis are there to do it for you. Most people do not struggle to experience God or mystical enlightenment. They tend to stay within received parameters, social and religious. Only a small number embark of a journey of spiritual enlightenment. Judaism requires both, but recognizes that only a minority will be able to sustain the pressures and tensions of experiment and exploration

Now consider the Book of Ruth, seemingly just a pastoral tale of redemption on different levels. It is read on Shavuot because the main action takes place during the barley harvest from Passover to Pentecost. But it is no accident that it also coincides, in Rabbinic thought and Biblical calculation, with the anniversary of the Sinai Covenant. Of course the book focuses on Land, both agricultural and national, a feature missing from the Sinai Covenant and that is another subject for discussion.

Naomi is the wife of a Judean leader who abandons his responsibilities and his people during a famine and escapes with his family to Moab. He has reneged on the National Covenant. He and his two sons die in Moab, but not before the sons have married two Moabite girls. The Midrash suggests they were princesses, so we see a classic example not just of relinquishing responsibility but positive assimilation into the upper classes. Other religions and other peoples seemed more attractive to those seeking to escape their Jewishness

Naomi, left destitute, wants to return home because she has heard that God has "visited" the land (PaKaD)--a hint to "visiting" the sins of the fathers in the Decalogue. But equally, the same word used of God's remembering his people just as He did in Egypt. Initially both daughters-in-law want to return with her, but she tries to dissuade them. She makes reference to the Biblical laws of levirate marriage. This suggests, contrary to what I have said previously, that the Judean family did remain loyal to Judean Law and custom

One of the daughters-in-law, Orpa, returns to her home. But Ruth persists with the famous phrase "Where you go I will go, where you lodge I will lodge, your people are my people, your God is my God, where you die I will die and there I will be buried." She is accepting the individual religious commitment as well as the national covenant

It is Ruth's goodness, devotion, and hard work in supporting Naomi that attract the attention of Boaz, the wealthy landowner. But it also recalls the servitude of the Jews in Egypt prior to redemption. She merits reward simply in her own right, regardless of background or nation. Boaz is good to Ruth, simply out of charity. He praises her and gives her extra supplies.

Naomi misreads the message and believes that Boaz, as a family redeemer, has designs on Ruth. Naomi encourages her to go down to the threshing floor at night and to cement the relationship by sleeping with him. This act was sufficient for marriage in Biblical times. But it seems Boaz was not thinking in those terms at all. It might appear to us moderns that Boaz has a problem with relationships and in a way needs Ruth to light his fire. The Talmud in Ketubot says he was a widower and the Midrash suggests he was simply very old and actually died after the wedding night. When Ruth informs him he is a redeemer Boaz replies that there is someone closer who has the right of first refusal

At this point the legal side takes centre stage. Biblical law mandated that tribal property should be redeemed within tribes if it was sold to outsiders. But here, unlike Biblical law, it seems at the time an additional custom was to take in the widow together with the land. This would have been a variation on the levirate marriage which Biblically only applied to brothers of childless males

Boaz has to appear before the judges to demand that the closer relative redeem Naomi's husband's lands. This he is prepared to do. But then when he is told about his obligation to Ruth he pulls out. Was this obligation to marry Ruth a halachic obligation? Unlikely. Probably it was more of a moral one. His argument about destroying his inheritance is difficult to understand unless it is a reference to taking in another wife over his present ones, something that would not be a problem for an old bachelor (or widower) like Boaz. Others have suggested he did not want to marry a convert (though, interestingly, there is no hint in the text of any formal process of conversion). And of course Ruth was a Moabite woman and the Torah explicitly forbids Moabites from joining the Children of Israel ( the legal solution was to see the ban on men only!). Boaz is now free to redeem the land and marry Ruth, which he does

I believe this emphasis on the law and legal procedure is an important cross-reference to Sinai. Religious or ethical commitment without the structure of law and the association with a National Covenant is too vague and fragile. Ruth's personal commitment and goodness needs the seal of law, just as conversely law without commitment is a shell and a sham

Naomi is then redeemed in every sense. Her position is restored, thanks to Ruth, and she cradles the grandfather of King David. Of course, David not only symbolizes ultimate redemption as the Messiah, but he, of all Biblical characters, is the most passionate, poetical, and mystical in his religious expression. Therefore, if Boaz represents Law and Ruth represents Passion, it is Ruth who is the precursor of David rather than Boaz, her genes rather than his

There are those who argue that after Boaz marries Ruth she seems superfluous and it is Naomi who is regarded as the mother, rather like the barren wives of Abraham and Jacob. But the title of the book, I think, confirms what tradition has always argued--that Ruth is the inspiration of the Psalmist who "Overwhelmed the Almighty with shirot VeTishbachot", songs and praise. And they pun ShiRUT (songs) to refer to RUT (Brachot 7b). Law without the songs, structure without religious passion is dry and insipid.

This final reference to King David is significant, because it emphasizes the national again. The Book of Ruth starts with an escape from the nation and ends with its great establisher, who combined the national with the spiritual. By tradition (Jerusalem Talmud, Chagiga), King David was born and died on Shavuot. So what starts inauspiciously, may end in glory. A personal expression of faith can only grow, expand and be passed on, if it is allied to a structure and a people and not simply kept within oneself

May 17, 2009

Marriage

I am not a fan of beauty competitions (even though the Jerusalem Talmud tells us to thank and bless God when we see a beautiful woman). However I do read newspapers and learned that a Carrie Prejean, Miss California, was the favorite to win the Miss USA beauty competition this year until she made one terrible mistake.

She was asked whether all states in the US should allow homosexual marriages. She replied that she was delighted that in America people had choices and freedoms, but that she was brought up to think of marriage as being between a man and a woman. All hell broke loose.

The news channels and the blogosphere went wild condemning her as an evil antediluvian primitive, a crazy right wing religious fundamentalist fanatic. The only difference between her and the Taliban was that they cover up whereas she uncovers. I have some sympathy with her, even if I think she was remarkably naïve in the way she expressed herself. She might have said that she was in favor of the complete liberalization of civil marriage laws but that religious people should also have the freedom to make their own choices, or some such formula.

Marriage, as the term is now used in the post-religious western world, is a contract between two people, without necessarily having any religious significance whatsoever. As such, it seems to me that anyone who wishes to be bound in contract to someone ought freely to be allowed to do so, particularly where such a contract provides financial and civil benefits and privileges for one or both partners. There are of course contracts and there are contracts but the State is not in the business of defining religious contracts, only civil ones.

I recall the fuss when Leona Helmsley left nearly $150,000,000 to dogs. Clearly she got more friendship, loyalty and pleasure from them than she did from any human she knew--and why should not humans be able to leave their wealth to whomever they want to? Why should civil states pay any attention to the taboos of religions? Why should not a civil state permit brothers and sisters to marry, for instance? If people wish to marry to take advantage of benefits available only to married couples, then let us simply differentiate between religious marriages and non-religious ones.

Religions are more limited covenants between members which impose other restrictions, not just of who one may live and sleep with but also how, where, and when one conducts oneself, goes to work, or behaves in a house of worship. Civil states must of necessity legislate for all citizens, regardless of race or creed, whereas religions may and do deal with conditional memberships. And why not, so long as they do not impose on others. That is why I so strongly oppose religious interference in state laws and support total separation of religion and state.

I draw a distinction between marriage as a word that carries no religious significance in itself anymore and the Hebrew word kidushin sanctification, a ceremony of specific religious significance. And to go to the other side, there are religious Jews I know who are not married in civilly but have received chupa and kiddushin and lived this way throughout their usually happy and fruitful lives.

We also need to separate this issue from that of religious attitudes to homosexuality because that adds a separate emotive dimension. I happen to be on the liberal, libertarian side of the issue but it is a shame that "gay rights", is the driving force behind the campaign because it muddies the waters. This issue really boils down to what is meant by marriage altogether. At times in history, and even today, it often was and is only a financial or political contract, not necessarily a romantic one. Terms and usages are always shifting. But there is no way I can argue that religious contracts can happen where a religion does not recognize them, even if I think it irrational and illogical.

I think that was all Ms. Prejean was saying, but because she was unable to express herself in such a way as to differentiate the civil from the religious she was excoriated. Yet she was not saying "no". She said she was in favor of free choice. So what was the row about?

The row was really more about the dogma of Political Correctness, the same correctness that will not talk about Terrorism but just Human Misbehavior, not Religious Fascists just Pious, not Warmongers just Self-Improvers, and now the sexual equality warriors insisting not on freedom of choice and rights, but the denial of any differences in the kind of choices made and even insisting on hijacking words and terms to suit only their agenda.

I never much liked crusaders ramming their orthodoxies down others' throats, and I don't like them now, insisting we must all think the same way or be damned. It seems that because religions have produced so many fanatics the other side now feels it needs to ensure equality there too!