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Israel's Declaration of Independence

 

 

I am posting this on the eve of Israel's 75th anniversary of independence. The translation is based on what I found on the Israeli Knesset website with my own revisions to bring the words closer to the Hebrew at the sacrifice occasionally of an equivalent English idiom. I have chosen to translate the term "Eretz Yisrael" throughout as "The Land of Israel", though there might be room to understand the term at the same time as "Palestine" in the sense it was understood in 1948, as that territory in question over which the British Mandate applied.

 

 

In Eretz Yisrael (The Land of Israel) the Jewish nation arose. Here their spiritual, religious, and political identity was shaped. Here they first lived as a polity, created cultural values of national and universal significance, and gave to the world the eternal Book of Books.

After being forcibly exiled from their land, the people remained faithful to it throughout their dispersion and never ceased to pray and hope for their return to it and for the restoration in it of their political freedom.

Out of this historic and traditional connection, Jews strove in every successive generation to re-establish themselves in their ancient homeland. In recent generations they returned in their masses. Pioneers, immigrants in defiance of restrictive legislation and defenders, they made deserts bloom, revived the Hebrew language, built villages and towns, and created a thriving community controlling its own economy and culture, loving peace but knowing how to defend itself, bringing the blessings of progress to all the country's inhabitants, and aspiring towards independent nationhood.

In the year 5657 (1897), at the summons of the spiritual father of the Jewish State, Theodore Herzl, the First Zionist Congress convened and proclaimed the right of the Jewish people to national rebirth in its own country.

This right was recognized in the Balfour Declaration of November 2, 1917, and re-affirmed in the Mandate of the League of Nations which gave specific international sanction to the historic connection between the Jewish people and the Land of Israel and to the right of the Jewish people to establish anew its national home.

The Holocaust which recently befell the Jewish people - the massacre of millions of Jews in Europe – proved anew the imperative of solving the problem of its homelessness and statelessness by re-establishing in the Land of Israel the Jewish State, which would open wide the gates of the homeland wide to every Jew and confer upon the Jewish people the status of a full and equal member of the community of nations.

Survivors of the Nazi slaughter in Europe, as well as Jews from other lands, did not stop migrating to the Land of Israel, undaunted by difficulties, restrictions and dangers, and never ceased to assert their right to a life of dignity, freedom and honest toil in their national homeland.

In the Second World War, the Jewish community of this country contributed its full share to the struggle of the freedom- and peace-loving nations against the forces of Nazi wickedness and, by the blood of its soldiers and its war effort, gained the right to be reckoned among the peoples who founded the United Nations.

On November 29, 1947, the United Nations General Assembly passed a resolution calling for the establishment of a Jewish State in the Land of Israel; the General Assembly required the inhabitants of the Land of Israel to take such steps as were necessary on their part for the implementation of that resolution. This recognition by the United Nations of the right of the Jewish people to establish their State is irrevocable.

This right is the natural right of the Jewish people to be masters of their own fate, like all other nations, in their own sovereign state.

Accordingly we have assembled, members of the People’s Council, representatives of the Jewish community of the Land of Israel and of the Zionist movement, on the day of the conclusion of the British Mandate over Palestine, and by virtue of our natural and historic right and on the basis of the decision of the General Assembly of the United Nations, we hereby declare the establishment of a Jewish state in the Land of Israel: the State of Israel.

We declare that beginning at the moment of the conclusion of the Mandate tonight, the eve of Shabbat, 6 Iyar 5708 (May 15, 1948), until the establishment of the elected, regular authorities of the State in accordance with the constitution which shall be adopted by the elected constituent assembly not later than the October 1, 1948, the People's Council shall act as a Provisional Council of State, and its executive organ, the People's Administration, shall be the Provisional Government of the Jewish state, to be called "Israel".

The State of Israel will be open for Jewish immigration and for the ingathering of the exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the holy places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

The State of Israel is ready to cooperate with the agencies and representatives of the United Nations in implementing the resolution of the General Assembly of November 29, 1947, and will take steps to bring about the economic union of the whole of the Land of Israel.

We call on the United Nations to assist the Jewish people in the building of its state and to receive the State of Israel into the family of nations.

We call – even in the midst of the onslaught launched against us now for months - to the Arab inhabitants of the State of Israel to preserve peace and take part in the building of the state on the basis of full and equal citizenship and due representation in all its provisional and permanent institutions.

We extend a hand in peace and neighborliness to all neighboring states and their peoples, and appeal to them for cooperation and mutual help with the sovereign Jewish people in its land. The State of Israel is prepared to contribute its share in a common effort for the advancement of the entire Middle East.

We call to the Jewish people throughout the Diaspora to rally round the Jews of the Land of Israel through immigration and upbuilding and to stand by its side in the great struggle for the realization of the age-old dream of the redemption of Israel.

With trust in the Rock of Israel, we hereby affix our signatures in witness to this declaration, at this session of the Provisional Council of State on the soil of the homeland, in the city of Tel-Aviv, this day, the Eve of Shabbat, 5 Iyyar 5708, May 14, 1948.

David Ben-Gurion
Daniel Auster
Mordekhai Bentov
Yitzchak Ben Zvi
Eliyahu Berligne
Fritz Bernstein
Rabbi Wolf Gold
Meir Grabovsky
Yitzchak Gruenbaum
Dr. Abraham Granovsky
Eliyahu Dobkin
Meir Wilner-Kovner

Zerach Wahrhaftig
Herzl Vardi Rachel Cohen
Rabbi Kalman Kahana
Saadia Kobashi
Rabbi Yitzchak Meir Levin
Meir David Loewenstein
Zvi Luria
Golda Myerson
Nachum Nir
Zvi Segal
Rabbi Yehuda Leib Hacohen Fishman
David Zvi Pinkas

 

 

 

Aharon Zisling
Moshe Kolodny
Eliezer Kaplan
Abraham Katznelson
Felix Rosenblueth
David Remez
Berl Repetur
Mordekhai Shattner
Ben Zion Sternberg
Bekhor Shitreet
Moshe Shapira
Moshe Shertok

 

More Daughters of Tzelophechad, Less Pinchas: How to Stand Up Today

This is my D'var Torah from last Shabbat, Saturday, July 23, 2022.

“It’s not a movement if everyone’s just sitting.”

That’s a line from a conversation between then-Professor Ruth Bader Ginsburg and her 15-year-old daughter Jane in the film On the Basis of Sex, which is partly the story of how RBG, zichrona livracha, came to win her first major court case for gender equality. Professor Ginsburg has just come back from teaching her newest law students, after walking through an anti-war demonstration to get into the building. Her own students in class are passionate and impatient, and it throws her for a loop. At home that night, RGB brings up a note with her name that Jane forged so she could skip school and attend a Gloria Steinem rally. They argue about which strategy is necessary for women’s equality -- the legal process or the rallies -- and Jane gets in her zinger: “It’s not a movement if everyone’s just sitting. That’s a support group.”

I think about this argument when I read the story of the five daughters of Tzelophechad in the Torah portion Pinchas. Machlah, Choglah, Milkah, Noah and Tirtzah are sisters who are absolutely the spiritual ancestors of Justice Ginsburg. She a modern icon of equality and the exemplar of a certain approach to change, and the five Torah sisters also icons especially in our age -- but there is a lot of arguing these days against the approach they have in common. So I want to explore how the Torah and the midrash understand the daughters, the B’not Tzelophechad, and to argue why we need more of their approach even though there is truth within Jane Ginsburg’s critique.

The story of B’not Tzelophechad (Numbers 27) is that their father had died in the desert, before the assignment of future land holdings in the Land of Israel to every family. They have no brothers, and according to the law communicated so far, their immediate family will not have any holding of land when the arrive shortly. So the sisters approach Moshe, El’azar the high priest and all the tribal leaders, in front of the whole community.

Vatikrav’na Bnot Tzelophechad -- they “came close.” Which I think we can understand this way: their strategy was to shrink the distance between themselves, and the judges and the men of the community. The best way to read the story in the Torah might be to have in mind the first cases that RGB pressed as a lawyer. Such as the one at the climax of the film, Moritz vs. Commissioner, argued in federal appeals court. There she challenged the constitutionality of a law that denied an unmarried man a tax deduction for the expenses related to care of his mother, even though a woman would have qualified.

So too when the sisters speak, they center not themselves as women but their father. They say avinu, “our father”, three times. Only at the end of their speech do they say give us, t’nu lanu achuza, give us something to hold among our father’s brothers. They mention that their father was not like the other men who had in fact been enemies of Moshe and El’azar’s father Aharon, part of the insurrection against them led by Korach. Those men deserved to be punished by not getting a holding in the land -- but not avinu, our father.

That’s exactly how Attorney Ginsburg started building a set of precedents striking down laws on the basis of sex discrimination: with a series of cases centering men. B’not Tzelophechad, like RBG, did not call into question the whole patriarchical system of property and inheritance. They found a place where the authorities might agree on their own terms to a ruling that benefits women.

And indeed, the five sisters win their case when Moshe takes it to his court of appeals, to God -- and the law is taught that in a case where there is no son then daughters shall inherit. We might say dayenu just at the fact that God seems to respond to this argument from women. That’s suprising all by itself, no? And not only that, but the first words of God’s response put B’not Tzelophechad in the center, and repeat their request as a court order -- naton titen lahem, “give, yes give to them” -- and “their father” isn’t mentioned until last part of that sentence.

But the midrash goes even further in explaining the process of legal response that happens here.

When God hears the sisters’ case, God’s first words to Moshe are: Ken B’not Tzelophechad dovrot. “The daughters are speaking right.” Also ken means “thus”, as in: the daughters of Tzelophechad are speaking the exact words I God have been instruction you Moshe to say already.

In this interpretation, God is saying: Moshe, you have been teaching the people the law of inheritance but you have left a gap. I have told you about it, but you have had a blind spot. Not me, not I the Divine -- but you are not seeing it. Even I haven’t been able to teach you yet how a law about families without sons is necessary. So now here are five real people -- do you see them? Do you get now the situation I’ve been telling you about?

So according to the midrash, God’s law isn’t being changed at all. It’s just being unblocked. Moshe finally is able to teach this part of the law to the people. And this is what makes him realize that it’s time to get to planning better for his retirement and succession. The rest of the chapter is Moshe saying to God: Let’s find a new leader who can lead around these matters better than I have been doing.

It is a compelling case of influencing leadership from the grassroots for social change. Ken B’not Tzelophechad dovrot.They speak ken -- they speak honesty, with integrity, with respect. They say ken to the men in charge -- ken means “yes.” Yes to the basic framework of Torah. The sisters have a better understanding of what God wants than even Moshe does.

That’s famously how RBG did it, particularly at the start of her career. She won more than one case on behalf of men, and got male judges to say that legal equality between the sexes was not new but had been in the Constitution all along.  Justice Ginsburg spoke again and again about what we might call the vatik’rav’na principle, shrinking the distance, and the ken principle, not losing your integrity in the process. And as for what her daughter Jane said in the film, the Torah describes B’not Tzelophechad as va’taamod’na, they stood up. They absolutely did, and this is how they did it.

I hope so far I’ve made a good case for B’not Tzelophechad. But Jane Ginsberg age 15 and plenty of adult critics still have what to say back. Of course a group of male rabbis in the Talmud 1500-plus years ago are going to approve of this soft-spoken, gradual approach from women. And what did B’not Tzelophechad really achieve -- one fix for one specific case. If they had been five sisters with one brother, they would have gotten nothing. If only Miryam had been alive still, maybe she would have spoken more fundamentally about the bias in the whole system. We need an approach based on wider questioning and more pressure and more discomfort.

Well our own Torah reading presents a version of that approach a couple chapters earlier. It’s Pinchas the son of El’azar the high priest, who was faced in real time with a terrible social injustice -- an insurrection against God in the form of a pagan orgy in concert with the people of Moav. People were about to start dying in the conflict, or some say people were already dying. (I would make the case, though this is a whole other talk, that this particular pagan orgy is offensive to the Torah partly because of how degrading idolatry and its rituals were to women.)

Pinchas sees what is happening, the threat to lives and I will say to women. He sees a particular man and woman together and he skewers them through with a sword, killing them -- and the whole thing stops and the dying stops. And the Torah says that God rewards Pinchas and his descendents that they will be the major lineage for the kohanim (priests) from now on.

This is passion. The Torah has God say: Pinchas is passionate for the things I am passionate for. It’s something like what Professor RBG is afraid of according to the film. If a door is opened to violence as a response to social ills, who knows what happens after and who will be its victims down the road, as bystanders or targets. RGB was afraid that people who meet the violence of the current reality with mass protests that are too broad and too agressive, they might stop a plague but also unleash one.

And that’s why the tradition is skeptical about Pinchas, even though the Torah says he is devoted to the right things and he is rewarded. The midrash trends toward a real concern about him. So one interpretation is that Pinchas was allowed only one of these violent acts in his life. And that’s why the Torah labels his reward brit shalom, a covenant of peace. From now on, Pinchas has to include peacemaking in all of his future work and all of his future activism. Otherwise he will be too dangerous an actor, even for God, even against this kind of pagan insurrection that is a clear affront to the Ten Commandments.

(It’s clear to me that the story of B’not Tzelophechad is told the way it is intentionally as a contrast with Pinchas, through wordplay. Pinchas has passion, kin’ah, but B’not Tzelophechad have integrity and honesty, ken. The sisters draw close, vatikravna, in a twist on the root word karav that labels the offerings so associated with priests like Pinchas, the korbanot. Pinchas is unusually for the Torah introduced as not just son, but also grandson. B’not Tzelophechad are given three more generations of lineage than that. Pinchas jumps up -- vayakom -- but B’not Tzelophechad stand and stand together, vata’amod’na.)

In the past, I might have said that the Torah is giving us two models of activism in B’not Tzelophechad and Pinchas, and we need them at different times or they suit different people. A time for passionate and force and absolutism, and a time for up close engagement and gradualism. A time for Gloria Steinem and a time for RBG.

But today I say: Enough with adding more Pinchas. There is too much of it among the bad folks and even the good folks. Our spiritual and political air is choked with aggressive speech, metaphors of force and fight and violence in our speech and writing, zingers far worse than Jane Ginsburg’s to her mother. Not to mention actual violence.

It can feel so good to tell off, to mock and insult. Enough people do that, in direct speech and on social media. They’re on the wrong side but they’re on your side too. It’s more than covered, the aggressive, the Pinchas. It’s not just masculine either. It’s probaby not possible to change all the Pinchas-style behavior once it’s begun.

But we need more people to learn the ways of Bnot Tzelophechad. I don’t mean to be content with only one change. Or to decenter the people who should be at the center. Jane Ginsburg and the other critics are so right about that. But I don’t think the most important thing about Bnot Tzelophechad, or RBG, was the gradualism, the strategy. It’s believing that there is power that comes with ken dovrot, with speaking correctly and out of integrity, with figuring how to communicate what is eternally true and you know it when that’s still new to someone else. There is power in vatikrav’na, to coming toward someone else’s perspective -- it challenges them but not in a threatening way. It challenges in a charged but still inviting way. There is power in believing that the changes that are needed are ken -- they are already here in the Divine image of the world, they are already more eternal and more permanent than anything else, they just haven’t been seen or spoken aloud enough.

These are powerful moves -- they just might not look as forceful from the outside and they sure are not violent. But powerful are B’not Tzelophechad whenever they appear in our world. Enduring change doesn’t come only from force or only from keen strategy. It comes from affecting how people see alternate leaders, the effect of their integrity. Respect for them transforms enough opponents and enough bystanders. It need not transform them all.

People acting like the five sisters might be a support group, and that isn’t a bad thing. But they are not sitting -- they are standing up together. Without them, without us acting like them, there can never be any movement at all.

The Latest Religion and Schools Supreme Court Decision (and No More Government Benedictions for Me)

Posted June 27, 2022 on Facebook, so not quite as tight as what I usually write.

 

This is what the top of my head looks like today and through next Monday at least, July 4. No matter what’s happened recently, I am celebrating our independence, freedom, and democracy, and wearing that above me as a kippah, the flag of my country and the star of my faith. I am proud to be American, and to be an American leader in my American community.

 

1. What bothers me about today’s Supreme Court decision about the high school teacher/coach leading a Christian prayer in the middle of the field after a game is not the individual teacher or the place. Viewed in itself, of course he doesn’t speak for “the state” which has repeatedly tried to disavow this one particular thing.

 

What bothers me is the majority’s consistent disregard of the overall context. It’s not the individual situation; it’s the pattern of one particular religious expression seeking to shape our laws overall (and our culture but I think that's not the constitutional issue). It’s their right to do so. But the majority says that the First Amendment only extends to guaranteeing the tolerance that would have been understood as “non-establishment of religion” by the Framers. Many (not all) of the Framers surely did feel that as long as there is some space for religious minorities and dissenters and atheists, and that the government is not paying the expenses of a church directly, then the First Amendment is satisfied.

 

That’s what the Supreme Court majority says is the standard today. I know that non-originalist approaches are problematic, but the originalist approach is too. We’ve come a long way and I believe our Constitution has helped that. Not so much if this is what can happen place by place.

 

2. I have thought about this for a long time, and now I am deciding for sure and declaring: I will no longer accept invitations to give prayers at government meetings. Not if it’s my friend in office, not if it’s the president of the United States. I just can’t, not consistent with what I’ve written here.

 

I will participate as a citizen and share my motivations when they are religious. I will identify as a leader, freely exercising my right to speak and teach and testify at hearing about what my faith says relating to public matters. I’ll participate in public and governmental things that are about religious diversity or cultural diversity. But no more benedictions and opening prayers, no more invoking the divine in an official capacity before a government body meets. My fellow citizens who are not religious or not religious in a style parallel to mine deserve their forums to respect them.

 

Yes, I realize no one ever thinks that my prayer means the state is endorsing Judaism. But when I say a prayer, I’m as much a ”clergy person” or a “religious representative” as a Jew specifically, and it’s all about a role for religion in government overall that I cannot endorse. So I have to follow my principle and set an example. If that means ceding the “pulpit” only to those who don’t have that principle – well overall they already have taken it.

 

The words of a proud American patriot.

The Supreme Court This Term, Religion and Abortion

This isn’t the absolute center of the issue around abortion and the Supreme Court. But the issues in this article in Slate are important, particularly as the Court has ruled also this week in the Maine school case and potentially will soon rule in the high school coach prayer case. The headline is both spot on and misleading; this isn't only about Jews.

 

A few things:

1. Just to emphasize the main point, which is that after whatever restricts are ratified by the Supreme Court, whether at 15 weeks or all the way back to six weeks or conception – there are religious people who will be forced to choose between religious dictates that in certain cases don’t just allow but require an abortion and the law of a state that forbids it in those very cases. Will the same Court that has been carving out religious exceptions to laws do so again for this, or say something like “life is different”?

 

2. The First Amendment uses the language of “free exercise of religion.” Dahlia Lithwick and Micah Schwartzman circle the issue of what “exercise” means. I haven’t done the research into the origin of the term, but it certainly means more than “obligation” or “avoidance of grave sin.” The article they rebut by Professor Josh Blackman suggests that only people who can point to a religious authority from which/from whom/from Whom they get strict commands should be able to claim that they are “exercising” their religion. Incredibly, Professor Blackman suggests that Christian sin and Orthodox Jewish commandedness are the twin paradigms, and other liberal Christianities and Judaisms don’t measure up. Those two are hardly the same. I’m amazed how Christianity, with its original critique of “the law”, could somehow have become equivalent in this way to Orthodox Judaism.

 

3. But the Constitution doesn’t say “freedom to follow one’s binding religious obligations.” It just says “free exercise.” And as the Supreme Court has repeatedly found, defining what is and isn’t a religion is really hard. The Constitution presumably was protecting people whose religions were not modeled on the dominant paradigms of the time – because they didn’t have the same notions of sin or authority, or the same structure. And of course American conservatives have been arguing that anyone with an individual, sincere belief is protecting when they are following it by the free exercise clause. To his credit, Professor Blackman suggests that is too broad. To his debit, he suggests tests, like whether there is some kind of external reference point that a person’s belief or exercise is valid.

 

4. I wish we had even one justice who was religious but not theologically conservative, who could bring an insider perspective. Much as I admire my fellows Jews Justices Breyer and Kagan, and much as I admired Justice Ginsburg z”l, they just don’t and didn’t “get” a lot of religion. Obviously they are not writing with great understanding of evangelical or Catholic Christians. But they are not writing with understanding of Jews like me either, even when they are trying to be allies. They get/got the outsider part, but not the religious part. I am not at all arguing that such a Justice would need to be Jewish. A Justice Mario Cuomo, for instance, would have been fascinating.

In the Midst, All at Once: A Torah for Pride 5782

This was the D'var Torah I gave for Parashat B’haalotcha on June 18, 2022.

When the same passage of Torah comes at you from four different sources the same week, you have to pay attention.

I always look forward to Parashat B’haalotcha because it’s the start of the frisky Torah, the Torah of complaining. It’s the beginning of the Torah’s textbook on group dynamics once the community of Israel starts moving out from Sinai toward the promised land. It’s easy to see our groups in these next few Torah readings. That’s the lens I usually bring. But I was thinking particularly this week about Pride Month, and I had said that I’d speak related to that on this Shabbat, since I plan to be away next week. And from some Torah e-mails I subscribe to and podcasts and such, about four times I found myself face-to-face with this from the parasha:

It was the first anniversary of the Exodus and Moshe instructed the people to observe Pesach and to offer the Pesach sacrifice. Then this (Numbers 9:6-8):

וַיְהִ֣י אֲנָשִׁ֗ים אֲשֶׁ֨ר הָי֤וּ טְמֵאִים֙ לְנֶ֣פֶשׁ אָדָ֔ם 
וְלֹא־יָֽכְל֥וּ לַֽעֲשֹׂת־הַפֶּ֖סַח בַּיּ֣וֹם הַה֑וּא 
וַֽיִּקְרְב֞וּ לִפְנֵ֥י מֹשֶׁ֛ה וְלִפְנֵ֥י אַֽהֲרֹ֖ן בַּיּ֥וֹם הַהֽוּא:
וַ֠יֹּֽאמְר֠וּ הָֽאֲנָשִׁ֤ים הָהֵ֨מָּה֙ אֵלָ֔יו 
אֲנַ֥חְנוּ טְמֵאִ֖ים לְנֶ֣פֶשׁ אָדָ֑ם 
לָ֣מָּה נִגָּרַ֗ע לְבִלְתִּ֨י הַקְרִ֜יב אֶת־קָרְבַּ֤ן יְיָ֙ בְּמֹ֣עֲד֔וֹ בְּת֖וֹךְ בְּנֵ֥י יִשְׂרָאֵֽל: 
ויֹּ֥אמֶר אֲלֵהֶ֖ם מֹשֶׁ֑ה עִמְד֣וּ וְאֶשְׁמְעָ֔ה מַה־יְּצַוֶּ֥ה יְיָ֖ לָכֶֽם:

"There were people who were ta’meh [usually translated “impure” but we’ll get back to that] -- ta’meh for the human soul." And they were not able to do the Pesach on that day. So they came up close in front of Moshe and in front of Aharon on that day. And these people say to him: We are ta’meh for the human soul. Why are we held back, why are we subtracted, from bring close the close-up offering of the Divine in its time among the Children of Yisrael? And Moshe said to them: Stand, and I will hear what the Divine will command for you."

Lamah ni’gara. Why are we subtracted. Why are we not included.

We, who are in a state of tum’ah for life of a person. This requires some elaboration. At first blush this group seem to be held away from the Sanctuary because they had recently been in contact with a dead body and need to go through a purification ritual and the passage of a certain amount of time.

Tradition broadens the interpretation to all matters of tohora and tum’ah, which are usually translated as “purity” and “impurity.” Better to understand them, however, in terms of our embodied human experience and our attraction to the Divine.

Tum’ah and tohora are all about cycles and blood and child-birth and intimacy. These are intensely spiritual and we experience them through our bodies, our gender, our sexuality, our relationships. How is it, they ask Moshe, that these would take us away from Pesach. Why should we be the ones deprived of the Pesach offering -- the offering of freedom, the sacrifice whose blood is compared to the blood of the covenant. How could our embodied experience cause us to be held back from the Divine Sanctuary, the holiest place.

We aren’t complaining to you, Moshe, like the others who kvetch about the desert food or challenge your leadership. We’re not complaining about you or your religion or your rituals or your teachings. On the contrary, we want in. We want it all, b’moado b’toch b’nai Yisrael --  at its proper time, in the midst of all the community of Yisrael. Lamah ni’gara. Why should we be substracted. Why should we not be included.

I think we can see something even in their phrasing -- "we are tam’eh to the soul of a person". Move from seeing us as “impure”, toward seeing us as “the soul of a person.”

Moshe according to one commentary says to them: I am over the moon that you asked this question of me, and that you want this question asked of the Divine. And I too want to hear what the Divine has to say.

And the answer that came back at the time of our ancestors is what we call Pesach Sheni, a second Pesach. The message they understood, as recorded in the Torah written at that time, is that one month later, anyone who was ta’meh come and do the Pesach offering one month later, exactly as would have been done at its scheduled time. Not only they, but anyone who was on a journey too far away or someone who is a ger, a person within the community but who has not yet become a full citizen of the community. Each of you can do Pesach Sheni. This is how you will be included.

The Talmud says that being distant doesn’t mean just far, far away. Even someone who at the time of Pesach is just a step outside the area of the Temple where the sacrifice is done is far enough away for Pesach Sheni. If you’re not quite inside, physically. If you’re not let in, or don’t feel let in by the community, or if you’re not quite ready to come in fully -- you still are entitled to Pesach, to the celebration of the covenant.

I have been mulling over whether this Pesach Sheni is the answer to the question lama ni’gara, why are we not included. Part of me hears this as a bit of separate but equal, or as still “we” insiders who celebrate Pesach together on time and you others who will include with us.

So many of our people who are lesbian or gay or bisexual, transgender or intersex or nonbinary or queer, or any truer description that I still strain to know and understand -- so many have asked nothing more or less than to be b’toch b’nai Yisrael, to be part of the community of Israel full stop. Not to have to frame the matter in terms of lama ni’gara, why are we not included, how can we be included. To have to ask that way means we still are incomplete.

And the Torah recognizes this, because at the end of the teaching of Pesach Sheni the Torah says: chukkah achat yih’yeh lachem. One law there will be for all of you. As if to say -- Whatever you have just read, it is not one Torah for all of us yet. There is work yet to do. Keep working on it, now and in future generations.

This Pesach Sheni is a step forward, a step of inclusion, and it is not the final answer. Somehow, our Sanctuary needs to be spacious enough for all our people, for people who experience in all different ways love and intimacy and longing and connection. Who in all different ways understand ourselves as the image of God in our bodies and genders and sexualities and gender identities.  Where no one of those is the norm that others have to be compared to and have to ask to be included around, or justified in terms of.

That part of the Torah reading spoke about people coming close, toward the Sanctuary where the altar and the Ark were. A bit later in the parasha, we read how the Ark with the tablets of the covenant would go out into battle with the people, and then come to rest when battle would pause or end. 

The Talmud teaches that the biblical ark had both the broken tablets that Moshe had shattered after the Golden Calf, and the new set of whole tablets Moshe had carved on the mountain. Rabbi Yehudah ben Lakish taught that the whole tablets would stay back in the Holy of Holies, while the broken tablets would go out into battle.

It is so important for Torah to go out with us, as we battle to defend the lives of transgender youth, and all LGBTQ+ young people. As we battle for the rights and reputations of caring adults in schools who listen to them and try to be their mentors and advocates. As we battle against those trying to pit parents against teachers. It is so important for us to carry our religion into this battle, because others battle with theirs and claim to speak for God. So we have to speak in the name of our covenant as well.

It is so important as we do so to recognize that we are marching with broken tablets. That our own Judaism is not yet whole, we have not finished doing teshuvah for the ways we have not seen, for the times we have not stood by queer people of all ages and their family members. We have to carry honestly the broken hearts of our own community, the mourning over opportunities to do better and care better that we missed over the decades. When we work on matters of justice and safety and wellbeing for LGBTQ+ people in our lives, when we battle, we have to hold close the broken times, and our own brokenheartedness about times in the past we’ve each fallen short and our community and Judaism have fallen short.

It is so important to think about the ways the traditions of our past need to be creatively broken and rebuilt. The Talmud in one place praises Moshe for breaking the tablets. Because anything we have written down no matter how inspired is incomplete and could be used to shut down our vision, to say that this much progress is all we need. We need to challenge ourselves to see more like the Divine sees, to see every expression of human love and connection as an image of Divine ahavah v’chesed (love).

The broken tablets go out into battle, because it’s by fighting out of Divine love that we learn how to repair them. It’s by going out and learning from other communities that are full of love, religious and secular communities, that we find the light that helps us see better what is hidden in the crevices of the covenant we already have. It’s by going out with our tablets that we bring them and bring ourselves, who have in the past wondered if our covenant was at war with them. To them, we bring what is broken and ask to work together to refashion them and refashion ourselves together.

Our movement of Conservative Judaism has been confronting our brokenness over sexual orientation and gender identity for the past three decades. Every since possibly the lowest point our movement has ever touched in 1992, when I was a rabbinical student and watched the shameful deliberations on stage in the Seminary auditorium -- which slammed the door on lesbian and gay Jews seeking to live openly in our communities. To fifteen years ago last winter, when our Committee on Jewish Law and Standards made it possible for gay and lesbian Jews to become our rabbis, to have intimacy,to marry.

Even then, we only as a movement could talk about the G and the L. We have been trying to catch up since then, including in our shul and including myself. It’s not only ritual and rabbinical status, but relationships and love and intentionality in every realm. From changing the nomenclature on our membership forms to listening to young people we educate to changing our assumptions about people we meet of any age. I am still learning the language, carrying broken tablets, figuring out which ones to break still and refashion. I am proud, and more than that I am grateful, that we have lay leaders who have taken the intiative to make sure we have a Pride Shabbat as a matter of course, and that this year for the first time we will march and have a table at our city’s Pride Festival next weekend. What a way to carry the ark of our covenant where it needs to be seen, where its power is so needed.

I try to look at my own kids with wonder and openness, and to wait for them each to tell me I’m queer or straight, rather than make assumptions. And indeed I try to look at each of you that way too, not to assume what I don’t know.

Each of us carries Divine love, for us, and through us for others. Each of us, young and old, has our own way, spiritual and embodied all at once, to love and connect, to yearn and commit. We are all in the center. We are all part of the same covenant at the same time. We are all blessed.

Being an American Zionist

This is the text of a column i wrote in the New Hampshire Jewish Reporter for December 2021. I am posting this today on Yom Ha'atzmaut, Israel's Independence Day.

I have been a Zionist since I was a kid. I didn’t become an American Zionist, though, until I was 22. That was when I decided not to make aliyah and make my life in the State of Israel.

I was just back from a year in Israel as a college student. In Jerusalem, I was seeing myself a few years in the future as a Hebrew speaker, a soldier, a Masorti (Conservative) rabbi, a member of Oz V’shalom, the religious peace movement. I came home and couldn’t wait to go back.

Within a few weeks back on campus, immersed more than ever in my Hillel community, I realized how American I was feeling. I had the sudden realization that the only way I would fulfill my life was an American – an American Jew and probably an American rabbi. My great-grandparents came to America as a choice, and in flight from the czar’s tyranny. I was born American – but at the age of 22 I made my choice to be an American.

And my Zionism changed, from future Israeli to American Zionist.

I want to argue that an American Jewish Zionist is a Jew rooted in America. A first-class Zionist; not a consolation prize for not having the courage to make aliyah. A full partner in the project of Zionism. A partner with a specific and essential role that is obviously different from the role of Israelis.

My American Jewish Zionism is also a religious Jewish Zionism, and I realize that’s not the case for everyone reading. But I hope my concepts are useful regardless of whether that specific profile fits.

These are some of my fundamental tenets as an American Jewish Zionist. This thinking is hardly my own, and I owe more than anyone Rabbi Donniel Hartman, leader of the Shalom Hartman Institute in Jerusalem.

Israel is the original and ongoing land of the Jewish people. The claim is religious and historical. It may be complicated in terms of Palestinians and their claim, but the claim still stands without compromise.

It’s a fascinating dimension of Jewish life for the past 2500 years that even during the times of a center in Eretz Yisrael, or a longing for it, there have been strong centers of Judaism outside the land. The fact that Jews like me affirmatively choose to live in America as members of Am Yisrael does not undermine Israel at all. One of our roles as American Zionists is to explain this to people around us – the uniqueness of Jewish peoplehood in Israel and America.

Zionism is a movement of moral and spiritual excellence. Rabbi Hartman put it this way in an address to the 2007 Reform movement biennial: “The birth of the State of Israel provided Judaism with an unprecedented opportunity of permeating and actively shaping all aspects of society. Whether in areas of political theory or economic policy, religious practice or ethical conduct, human rights or environmental care, hospitals or army bases, classrooms or courthouses - Israel is where Jewish values meet the road.”

American Jewish Zionists should see ourselves as partners in Zionist excellence. Rabbi Hartman made two points about this in his 2007 talk. First, American Jews have unique intellectual and cultural contributions to make to Israel. If Israel is a unique lab for Jewish values, the American Jewish experience has been a longer and better-established lab around issues of religious freedom, minority-majority relationships, and ideological pluralism.

It is because we are in America that Jewish thinkers and leaders have had to formulate a Torah of concern for human beings and not just for Jews. A Torah of responsibility for the whole earth and not just the Jewish community. It is because of America that totalitarianism and technology forced Jewish thinking to ask questions about the ethics of power and the limits on human innovation. In the past few decades, Israeli and American Jewish thinkers have indeed become thought partners and innovators around all of these issues.

Hence Rabbi Hartman’s second point about the role of American Jewish Zionists as partners. He charged each of us to find that aspect of Israel and the Israeli striving for moral excellence that inspires us. It could be climate, or bioethics, or human rights, or aging… chances are the answer is a moral passion you already have here. Learn about its unique Israeli shape. Connect to the people who drive it and work on it there. Join those projects and institutions in any way that’s available – by taking a role, by contributing or investing money, by advocacy.

It is as partners that we move from vicarious spectators, and from our own inferiority complex about not being Israeli, to an affirmative Jewish identity as American Zionists. Israel needs this kind of American Zionists. It’s a responsibility, and it’s work.

The responsibility and the work do not come without trouble. Indeed, Rabbi Hartman says what Israel and the Jewish people need from American Zionists often is for us to be “the troubled committed.” We need to feel issues that trouble Israelis as our own issues. Sometimes we need to be more troubled than many Israelis are, and bring that to them.

But commitment first, as American Zionists. The troubled-ness of the noncommitted, the non-Zionist, is not likely to make a difference on any contentious issue. Not in Israel and not here among the many people around us who purport to care about what happens in Israel but have no commitment to it.

Every year especially around Chanukkah and around the Fourth of July, I reflect on my decision to embrace America and American Zionism. And I resolve to do both of those better, with more follow-through and more clarity to myself and as a teacher. For those of us in New Hampshire who will always be American, consider becoming a truly American Zionist.

My Testimony on "Divisive Concepts"

I testified at two committees of the New Hampshire legislature on bills to change or repeal our new "divisive concepts" law -- Senate Judiciary and House Education. I said essentially the same things at both hearings. Here it is, video and my written statement (they are the same).

 

Mr. Chairman and Honored Representatives: Thank you for your service and for this opportunity to address you. I am Rabbi Jonathan Spira-Savett. I live and work in Nashua, and I am the father of three children who are students and grads of our Nashua public schools. I myself have been a high school teacher of American history and literature, and I currently serve on our state’s Commission for Holocaust and Genocide Education. I come to speak to you in strong support of HB 1576.

This country saved the life of my family and my wife’s family, from the tyranny of the czar and the genocide of Hitler. I am a proud American and a religious person who says a blessing over freedom whenever I vote – and on voting days and occasions like today, I wear those commitments together on my body, above my head. I feel that my own group’s history obligates me in gratitude to be a civic leader in this country, and I carry responsibilities as a member of both a religious minority and the white majority.

Earlier in my career I had the opportunity to create from scratch a course for juniors about America in place of the usual AP history and literature out of that sense of obligation. I was working at a private Jewish high school, and together with a colleague, we set out to give our students interdisciplinary tools to look at American history and culture, and to look at themselves as critical citizens -- connected critics, to use the terminology of the political philosopher Michael Walzer. Perhaps this was natural for us as Jews, a group of whom so many have lived the “American Dream” and a group so often the targets of violence and discrimination even in this country. But what we did in that school was to prototype a concept with application far beyond our specific group and private school setting.

I am proud that the alums of that course have become those connected and critical citizens – doing work in everything from our national defense and intelligence, to representing the underrepresented before our Supreme Court. Facing all of our story as a nation, in an honest and questioning spirit, only fueled their engagement and their intense dedication to our country, their resilience to keep working on problems especially in times of crisis from 9/11 through now.

How will we motivate our public school students to locate themselves as creators of a more perfect union? How is it possible to draw lessons about the dynamics between one’s ideals and group pressure, if you don’t learn about three-fifths compromise and sit in shame and embarrassment, as well as understanding of political strategy? How is it possible for our students to learn about the inner challenges of actual leadership, what it’s like to sit where you sit where we hope they will one day -- unless they can probe Thomas Jefferson in both his idealism and his cowardice? Why bother reading Thoreau if we don’t allow students to take seriously his indictments of the nation and even of his own friends? How can we study Twain without asking whether he was lampooning the racism of his time or swept up in it?

Sometimes as teachers we have to make sure that a perspective that was or is in our history, that is so opposite of what a patriot teachr like me would ever want to entertain or say out loud, is made vivid and alive in class so students know what’s at stake – slaveholder, or Stalinist -- so it can be addressed in the safe and trusting container of our classrooms.

If the creators of divisive concepts laws such at the existing one are concerned about America lapsing into an unpatriotic socialism – well it is the hallmark of socialist dictatorships to write laws that hide their implications behind innocent sounding words, in order to sow doubt about whether you or someone else is breaking the law, and to create a situation where an official or another citizen can take legal action against you or just threaten to do so. Which is exactly what is happening in New Hampshire and elsewhere with such laws.

Members of my Jewish community have lived under such laws in our lifetimes in other lands, and that’s why they came here. I have had conversations with people running for school board or attending meetings – they are at my kid’s school, in my American neighborhood -- and there is never any actual incident of a teacher declaring that someone is “inherently racist” or that America is. There is only “I have heard of a few times”; “no, I can’t tell you the name of a school” and “I’m just trying to make sure it doesn’t happen here.” That is what the current law is, and it sure doesn’t sound like the American Constitution to me.

If that is not how you intended the current law, then consider my remarks to be teacher comments on an essay whose thesis was confusing and needs a rewrite. If you are serious about education for a proud and patriotic American citizenship, not just for diversity but for a difficult unity -- and I hope that you are, then show you are serious, by getting engaged with the fine work of our social studies leaders and our civic education thinkers. Pump more substantive standards into our system and invest in the resources and training for our educators around critical citizenship and a true patriotism. And in the meantime, get these words out of our current laws and pass HB 1576. Thank you for your time and I am happy to respond to any questions.

International Holocaust Remembrance Day

Today is International Holocaust Remembrance Day. The day was chosen by the UN because it is the day in 1945 when the death camp of Auschwitz-Birkenau was finally liberated after the world woke up too late to the extent of Nazi atrocities. In 1942, a week earlier in the calendar, the Nazi leadership had convened the Wannsee Conference, a retreat at a fancy villa where plans to coordinate the "Final Solution" against the Jews was discussed and worked on.

 

We mourn all those who were murdered in the Holocaust -- Jews as well as Roma, disabled people, LGBT, political opponents of the Nazi regime. I mourn, for members of my own extended family and Laurie's family, and I think about how profoundly and concretely the Shoah affected our families.

 

I share this video made in New Hampshire for the purpose of supporting the education of students in public schools about the Shoah. There are interviews with survivors, family members, educators and others. Please share with anyone, especially with those who are teachers.

 

Violence and murder of one group by another is ancient, and the targeting of Jews is ancient as well. What makes the Nazi "Final Solution" different is the mobilization of culture, media, science, and industrial organization in a coordinated way to the goal of exterminating one group.

 

I am a member of our state's Holocaust and Genocide Education Commission, created to help our state's public schools fulfill a new mandate to teach about these things in middle and high schools. There are so parts of the specifics of the Shoah as a case study and the general themes that people ought to learn, among them:

• anti-Semitism in its modern forms and its many sources
• the systematizing and systemic mobilization of hate, discrimination, and violence against a group by a majority
• the sociology of followers and bystanders
• the "pyramid of hate" that helps us locate individual acts of bullying and violence in relation to larger trends of bias and violence
• the redemptive power of social leadership and individual moral courage

May the memories of all the individuals who were murdered in the Holocaust be remembered for a blessing.

 

Integrating America: What I Hope To Get From This Year

 

Assignment: Complete this thought -- "I am about to begin a year of study about America..."

 

This is the final bit of preliminaries, before delving into history and literature. I wanted to put down a few of my own goals in taking a sustained, hopefully deep survey of American history since colonial times.

 

I used to think of history, sort of, as a series of case studies where people faced social-ethics dilemmas like the ones we do, and we can see various approaches and arguments from the standpoint of completed episodes. In a certain sense, people in the past are like us, minus some technologies and mostly minus the idea that women and men are equal.

 

I guess that approach owes something to John Dewey's decidedly non-industrial, non-training-only view of education from the Progressive Era. Now I know that every period, even of the history I have lived in my own life, has a texture of its own and you can't easily analogize or extrapolate. If you want to, you have to make a case for the analogy.

 

I still hope to learn some in that analogy vein. But maybe more so, I want to understand better that we live in a different part of the American story, and I live in a different part of the story than when I had my formative American education. So I should look not just for parallels, but for things that my current experience would otherwise miss. Some of those things may have clues to what I miss about America today.

 

At the same time, I am looking for a thread of ideals and the story of challenges, stress-tests, and refinements of those ideals. The citizen as "connected critic" that I articulated already on this thread. I have always thought the challenges were about expanding who is included, and the blindnesses that impaired or prevented that. I'm looking to test that idea as well. I want to believe in American ideals -- freedom, equality, pluralism, diversity -- I have a rooting interest. I hope I'll look with a critical spirit and that people here will join me in learning and helping test my own reflections.

Integrating America: The Original Horatio Alger Story

Assignment: Horatio Alger's novel Ragged Dick

 

What motivates Dick when he faces key decisions? Who are his mentors and role models? What kinds of characters come across as "bad guys" and bad influences? Is America a place that really works the way Alger presents?

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We started the course at least once with a look at a classic American myth, the self-made man, typified in the original Horatio Alger stories just after the end of the Civil War. Ragged Dick was originally written for children.

 

I reread the first and last pages of Ragged Dick today, so others correct me if I'm getting the basics wrong. What struck me as good is the appeal to hard work coupled with an acknowledgement that people who don't "rise" aren't to be looked down on unless they are deliberately, willfully thieving or working to keep others down. Ragged Dick himself does not crave high levels of weatlth except to the extent he might pay it forward.

 

What's not appealing is the entirely instrumental treatment of friends and mentors, and the people you have the good fortune to meet who help you launch economically. The only virtues are within, not between. There's no adult perspective, only a narrow childish view of "success." I'm struck by the move of Dick from shining others' shoes to the counting-house -- moving up means moving away from direct service.

 

Putting aside whether Alger originally had narrow goals -- to teach children about hard work -- the myth has of course spread way farther and taken on a life of its own. That's the problem, not really anything in Ragged Dick itself.

 

So does America work like Horatio Alger described? Even if social mobility were only a matter of will, which it certainly isn't, the picture of flourishing is very constricted. I'll be thinking more though about what a more complete philosophy of hard work would be, as we head ahead and back to Benjamin Franklin very soon (who decidedly wrote for adults).