Rabbi Jon's Website and Blog

A Year Later, Back to Moshe's Final Words of Blessing -- Rosh Hashanah 5785 (2024) Day 1

 

On Simchat Torah morning, after we parade with the Torah scrolls, we gather around to read the very last words of Moshe Rabbenu, Moses our teacher. The man who could hardly speak departs with an original song – his words, not God’s. And his last sentence in life begins: Ashreicha Yisrael, Mi Chamocha. Happy are you, O Israel. Fortunate are You, O Jewish people. Who is like you. (Deuteronomy 33:29)

Ashreicha Yisrael. You might recognize the word Ashrei. Fortunate are you, O Jewish people. What must it have been like for Moshe to make those his final words. Moshe, who was born at a time and place when it was against the law for him to live. Whose first recorded words were “Why are you beating your neighbor?” Who faced down Pharaoh, led his people into freedom, brought them to Mt. Sinai. All the desert crises of food and faith Moshe had gone through with them. After all that, Moshe sees his people endure, finally get their act together, and now, they are sitting still one last time. Knowing that what’s just ahead for them is a future and a fight – Moshe sings: Ashreicha Yisrael. Fortunate are you, O Israel. Mi chamocha – there is no people quite like you.

Last Simchat Torah, October 8, knowing what we knew, we had to decide how we would sing those words. Should we just hurry through and get out of here? And what about our children? Most years our kid-friendly Simchat Torah is a quick early evening on a school day. But last year it was a Sunday morning, with no rush, so we had bigger plans. Would parents even bring their kids here on October 8, knowing what we knew?

We decided to stick to our plan. With our broken hearts, and overwhelmed, we would dance with the Torah for our kids, and for Israelis who already were begging us not to let anyone reach across the ocean and take this too away. Amazingly, parents brought their kids. And after dancing, right down there in this aisle we rolled out the Torah on a table all the way to the back. As the kids were gathered next to the Torah, I got to the chanting of Moshe’s final sentence: Ashreicha Yisrael. Fortunate are you, O Israel. I so wanted to sing it; to promise it to our kids as Moshe promised the generation he was about to launch. I was overcome with tears, and only thanks to the kids could I sing the words at all.

As hard as it was to sing Ashreicha Yisrael, Moshe’s final sentence has more words. I don’t emphasize them generally because they are not as inspirational. Am nosha b’Adonai, magen ezrecha asher cherev ga’avatecha… ”Fortunate are you, O Israel, who is like you, a nation saved by the Divine, your helping shield, whose sword is your pride. Your enemies shall recant themselves to you, and you on their high places will tread.”

But as I croaked out those words too, I had this terrible thought: not a single part of this Torah verse was true. Not fortunate. Not saved; no helping shield. An enemy far from recanting, far from going back on its essence -- and who was treading on whom that day.

Was the Torah itself being kidnapped and used to mock us? How could we go just minutes later and begin the Torah again, and with rockets in the sky declare that God created the heavens, and that in the deepest darkness God said “Let there be light”?

Yet, with all the unrelenting loss and pain of the past exhausting year – and even with the escalations of the war this past week and the attack from Iran these past days – I say to you that the critical spiritual thing for us in this new year is to get back Moshe’s final words: Ashreicha Yisrael, mi chamocha. Fortunate are you, O Jewish people, who is like you. We need to believe that this is as true as ever, and true even as never before. Our future here depends on it.

Obviously atrocities and war are in no way fortunate. And I do not mean it is easy to be Jewish just this moment. Only that we are profoundly fortunate to be the Jews of this moment, of this era in Jewish history.

Now believe me, part of me wonders if I’m crazy to say this today. I really just want to reach out and envelop you all in a hug, and allow us to cry together among people who know the many layers of our weeping. Our congregation has many Israelis, and we are closely connected to several families who have lost people on or after October 7, and to at least five people who were taken hostage. Last fall two Beth Abraham families had their Israeli kids here in town taking refuge. We have college students too. My own daughter is a student at Barnard College of Columbia University, so we know painfully what it’s like for a child to live within an institution and a community ripped apart over the past year. Some of our tears are for the loss of dreams of peace, delayed at least for now.

Yet I keep coming back to this thought: we need Ashreicha Yisrael, mi chamocha. Fortunate we are to be this unique Jewish generation, the Jews of America of this era. 

We need to say those words to ourselves. We need to carry ourselves that way outwardly in the world. I thought about talking today about any of particular things on people’s minds right now: the immediate war itself, or questions about our relations with other people here in America and anti-Semitism around us, or concerns about the ethics of the military actions we are connected to, or about Israeli policy toward Palestinians. But before we can talk about or work on any of these, we have to think first about seeing ourselves once again in the light of Ashreicha Yisrael, mi chamocha. 

Look what we have built so far. In less than 150 years, Jews have gone from a tiny presence in the United States, having gotten here in flight just like from every other place we have been in exile, to a flourishing community. Here we have not just carved out a corner for ourselves for a while. We have been essential to making our host country into a home, for us and for everyone. From Justice Brandeis to Justice Kagan, American law has been infused with our commitment to law and justice. From Philip Roth to Dara Horn, American literature has been infused with our creativity and our concerns. Healing, science. Comedy. The equality and freedom of people is infused with our ideas and achieved partly with our legwork. The best of America’s story and the best of the American Jewish story are completely intertwined. Yehuda Kurtzer of the Shalom Hartman Institute said this summer that even though we have always been a small percentage of the population, the bigness of America drew out the bigness of Judaism. 

In this year’s election, the candidates are a former president whose daughter is a committed Jew, and a sitting vice-president whose husband is a committed Jew. There has never been a diaspora Jewish community like this in all of Jewish history. 

That litany used to be my Ashreicha Yisrael. But in March, Franklin Foer wrote an article in The Atlantic called “The Golden Age of American Jews Is Ending.” His main evidence is the year at many universities, the turning against many Jews as well as against all these aspects of America that Jews have helped build, by many people who will be tomorrow’s American leaders. Foer argues that the conditions that made us happy and fortunate here seem to be going away.

Well he is right that the conditions are not the same. But that is not the determining story. In the past, in other places, it might have been. But there are new seeds of new strengths we have, and they too have been uniquely visible actually in this past year. I’m just going to talk about a couple.

Many of us experienced the year through the words and leadership of the Goldberg-Polins in Jerusalem, Rachel and Jon, parents of Hersh, zichrono livracha. Hersh was kidnapped from the Nova music festival after saving some lives in the attack, and his parents have urged us to advocate for their son and all the hostages every single day in every way possible. His murder a month ago along with five others was crushing.

But how Jon and Rachel have advocated is so dramatically different from what Jews like us have been used to. They hardly talk about Hamas – even in their eulogies for Hersh, they didn’t name the group. They talk about us, and what it means to value and rejoice in human life. 

In July, the Goldberg-Polins and their close circle decided that alongside their political advocacy, it was important to spend a week saturating the world with Torah and mitzvot.

So they organized a study of the whole Hebrew Bible around the clock and around the world, and a concluding international study event. They dedicated a new Torah scroll. They organized an evening of song and music at Tachana Rishona, a hip outdoor venue in Jerusalem. They declared two days of service, invited people to make food packages in Jerusalem, and if you weren’t nearby to post on their web page acts of chesed you would be doing all week anywhere. Right away you could see some 200 things, from challah making to opening up one’s swimming pool, to cultivating patience, to driving Palestinian children to and from medical appointments in Israel. It was like they were forcing the World to Come onto this world, and forcing us all to force it.

The Goldberg-Polins speak and act in this personal and international crisis as though the primary center of our destiny is in our own hands, and in the hands of any Jew with power. Of course there is a context. But for Jon and Rachel even hard-core advocacy for the hostages is about what is inside us, no matter the context. 

All year every day they have used the language of this season –  teshuvah, accountability, and forgiveness. At Hersh’s funeral they begged his forgiveness for what they did not do to save his life, though what more could they possibly have done. They have asked us directly as they have asked themselves over and over: What have you not done yet. Who are you, they have asked world leaders and Israeli leaders, and all of us Jews and all Americans.

They described Hersh at his graveside as someone who forced them to open their eyes and their hearts wider than they had known how to. 

In the past, even in the Golden Age, at difficult times we would mainly point our fingers outward. The Goldberg-Polins have showed us that we as Jews are strong enough to make ourselves the moral center of any story, even the most difficult story, even one where other people are also wrong and wronging us.

To have leaders and teachers like this in the Jewish crisis of a generation – Ashreicha Yisrael, how fortunate we are. That we have become a Jewish people strong enough at a time like this to respond to Jon and Rachel, to ground ourselves in both advocacy and mitzvah at the same time, to ask something both from the world and from ourselves – Ashreicha Yisrael, mi chamocha. This is what Zionism was supposed to do – in the era of Jewish self-determination, we take responsibility on ourselves as makers of history, even though we are small.

It’s only in this generation that we are starting to learn how to do that. For the first time, our bigger Jewish response has been much more than Never Again.

Some would say like Franklin Foer that this year the strains between Jews and our allies finally broke. But I saw something different up close here in Southern New Hampshire, specifically with my colleagues in the clergy.

My mission for sixteen years in the Nashua Area Interfaith Council has been to press beyond the simple sentiment of “there are many roads to God.” So that when push comes to shove, we’ll know whether we are really there for each other. This year was a big test. 

In October when I heard from almost none of my cherished colleagues, I began to write to them, to tell them what it was like to be a Jew now and also my worries about what would happen to Judaism if they gave us reason to close in on ourselves. Each one of them responded. I have been president of that group for almost a third of my time in Nashua and I was disoriented for a while. At first I just asked them to listen to me, and to pray for us, for the people we’re connected to, as they were praying for the Palestinian people their churches are connected to. They all said yes, of course.

I said at a meeting in the fall that I think the biggest difference between me and most of them is not Jesus but Zionism. A few days later, one of my colleagues reached out to ask me what I meant, and this opened up an amazing conversation about our seminaries and what we each know about the Holy Land. 

I bought about 25 copies of Yossi Klein Halevi’s Letters to My Palestinian Neighbor, which includes Palestinian responses back and I have given it to many colleagues. They have read it; some have shared it in their congregations. Some have opened up to me about their reflections about the role the Christian world has played in pitting Jews and Muslims against each other. Most of our Christian friends have brought more nuance to their words and their discussions in church about Israel-Palestine.

I have done this work not from supplication but from strength, from a foundation many of you have built over decades in Nashua, and immodestly I will say I myself have built. Ashreicha Yisrael – it is fortunate right now to be a Jew in the interfaith community of Greater Nashua. 

And it is good for us to be in the middle of the difficult moral conversations that serious people are having. Because I pushed to see if my colleagues and I could talk this way, I could open my ears more too. So I also can and must say that we here are connected to at least one Palestinian family in New Hampshire who lost many people in Gaza very early in the war. 

It’s not easy, at all. But we can handle it; we are maturing as a Jewish community within America. Our friendships, alliances and our power are still robust, even though the conditions don’t make it as easy. Ashreicha Yisrael, Mi chamocha – we are a unique generation.

And part of Ashreicha Yisrael is simply us here now. Doing what we do. Here sustaining one another, singing and thinking and crying together. Gathering as a moral community. Not because we have to, not because it’s as joyful as other years, but because this is who we are.

So Simchat Torah this year will be different, no question. We will have to honor what happened last year. But at some point we will dance and we will finally arrive again at Moshe’s last sentence.

And we will have a choice. All of us, whether what grips you most right now is anger or sadness or fear about the fighting, or the broader future of Jews and anti-Semitism, or the ethics of the conflicts. We are all like Moshe, looking out at a future that has both purpose and war.

We can say that things for Jews in America are going to be like they have been everywhere else for us in exile. And then that will become a self-fulfilling prophecy.

Or we can say Ashreicha Yisrael, mi chamocha. We are fortunate to be the Jews of this era. Whose future is not determined; who have the possibility through our choices and efforts to define who we are. And rise to the occasion like no other generation of Jews has ever before.

When Moshe composed his final words, he reached back to the first song he taught the people along with his sister Miryam. You might know the words Mi Chamocha from the prayers, and it got there from the Torah’s Song of the Crossing of the Sea (Exodus 15:11). Back then, Miryam and Moshe asked us to look to the heavens and say: Mi chamocha ba’elim, Adonai? Who is like you among the powerful, O God? Now in his final words, Moshe looks up at us and says: Who is like you, O Jewish people. You are powerful, finally, among all the powerful. You are blessed and a blessing. 

In this time of war and heartbreak, may we find a way to hold each other up and see all of our power and all of our blessing. Ashreicha Yisrael, Mi Chamocha – how fortunate are you, O Jewish people, there is no one like you.

Shana Tova.

Herds, Hearts, and Hashgacha: A D'var Torah on Mattot-Masei

This is the current draft of my D'var Torah for Parashiyot Mattot-Masei, the end of the book of B'midbar (Numbers), specifically chapter 32.

The best two word opening to a story probably in the whole Bible is cattle -- lotsa! "Umikneh, rav." I would hold that up with “in the beginning” and “God tested.” The first word is cattle, probably we should say herds so you’re not only thinking cows, and the Masoretes who standardized the chanting and punctuation put a pause after "herds", umikneh and slowed down the word "lotsa", rav. These words come before we even hear who the people are in this particular story, perhaps to emphasize something about those people, who are the tribes of Gad and Reuven, joined by some or all of Menashe, which is that their self-definition has a lot to do with their herds. The Hebrew word for herds mikneh comes from the root kanah which means to acquire or own, and we might want to hypothesize that these are the extreme materialists among the Israelites.

They come before Moshe and Elazar, Moshe’s nephew the current Kohen Gadol, the high priest, and they say: This place we are right now, across the Jordan River from the land we are going into, is great for our herds, and we would like to have our tribes live here and not over there on the Israel side.

At this, Moshe seems to go kind of ballistic. He says that he cannot believe what they are asking. How could you not take part in what we’ve been waiting for, and fight with your fellow citizens. It’s the end of 40 years of wandering, and the whole reason they have been wandering for 40 years is because the people followed the words of the ten scouts who advised them that they should not be going into the land -- and now we’re almost there and you want to replay this again? How could you once again set an example that the rest of the people will want to follow? You don’t think maybe God won’t add more years of wandering?

It is tempting to say that this is a fundamental conflict of values between spiritual values and material values. Eretz Yisrael is a special place, Moshe knows, not because it’s the easiest place to herd or cultivate. And as he’ll say later, not on bread alone do people live. And here are the tribes of mikneh, of possessions and material. Of course Moshe is going to be upset.

But the Netziv of Volozhin spots a different kind of tension here. He notices that Moshe in his response to the B’nai Gad and the B’nai Reuven shifts the language from the herds to the heart, from mikneh to lev. The Netziv suggests that the people of Gad and Reuven and Menashe are expressing fearf, and it’s not a fear of war. They are afraid of “Hashgachat Hashem”, of Divine “hashgacha” in the Land of Israel.

Now you may know this word “hashgacha” from the world of kashrut -- hashgacha means supervision. You hear about a restaurant and want to know, what’s their hashgacha? A person who supervises is called mashgi’ach or mash’gicha.

But “hashgacha” has a broader meaning, which is being noticed by the Divine, individually and in all of our actions.

The materialism of the people of Gad and Reuven is a cover for a spiritual fear. They are afraid of living life as though every moment were worth noticing. As though every action, every intention, has a cosmic significance.

They are afraid that their lives don’t have that significance, that they aren’t worthy of being watched by the Divine and seen in that way. So they try to define themselves in terms of the external markers of a good life -- prosperity, which is good, and safe homes for their children. They use the language of mikneh to say we’ll be satisfied if we’re doing well in the aggregate, if we’re productive. We’ll give our tithes, just let us count what we do and calculate at the harvest, we’ll mark the year with everyone but if it’s okay just watch us from a bit of a distance, the rest of the tribes and God also.

This fear of hashgacha, that our hearts and our lives won’t stand up to being seen by the Divine -- I wonder if Moshe doesn’t see through that right away.

I wonder if Moshe didn’t make a show of accusing them of something, and getting hot and in their face. Because look what happens: Immediately they tribes come back and say: No, no! We’re not going to abandon the people. We will fight with them for the land, in fact we’re going to lead them into the land, and we will be the first to gear up, and only when we have secured this national mission will we go back and join our herds and our kids. Yes, they talk about the herds before the kids.

And I’m sure if you followed you noticed how Moshe goes over this twice, once in the positive -- are you saying you’re going to go and lead the people and.... and they repeat it. They say it in the positive and the negative -- if we go as fighters into the land, and with the rest of the people.... and if we don’t then we understand what it says about us, and the consequences of that. And Moshe brings them to Elazar the kohen, and repeats what they said, and has them say it again.

In Jewish law this has become known as the stipulation of the tribes of Gad and Re’uven, the t’nai bnai Gad uvnei Reuven -- which is when you make a pledge or an agreement in both the positive and the negative, which is a legal thing to make words airtight.

But I think what Moshe is doing is smoking them out, and causing the people of Gad and Reuven to declare that they are more than they realized. They are people of herds, yes, but also people of solidarity, and commitment, and passion, and energy, and people who can see a picture beyond their own neighborhood. Moshe gets them to say it and then he says it back to them. More than once. And in front of someone else.

Moshe is saying -- this is what hashgacha looks like. This is what it’s like to have someone look into your heart, into more of your actions than you might have chosen, into more of your intentions. It’s at first a bit of a shock to the system but I bet it feels good, to hear me say out loud what I am seeing of you that’s deeper, and to hear yourselves say it also.

This was a demonstration of what it is like, to live under Divine hashgacha, and hopefully you will embrace that.

I think Moshe was saying to them that their materialism was not superficial. These people may lead with mikneh rav, lotsa cattle, but the Divine is described in our Amidah in the same language, as koneh hakol -- everything is Divine possession, Divine material.

To the extent they are people of mikneh, it is a good thing -- through herds they will perpetuate the people and the land they graze, they will feed, they will tithe. It’s through material things that you experience not only surface joys but deeper ones, and as Michael Walzer has written there is a spirituality of milk and honey, of the seven species of grains, there is a material life that is infused with spirituality and in fact all spiritual life in Torah is through our bodies and our things. So be people of mikneh and hashgacha, don’t say it has to be that you’re either a superficial materialist or you have a spiritual life. Don’t see these as two opposed value systems when they are not.

As we finish up the book of B’midbar (Numbers), getting ready to be ever closer to the end of the Torah, so too we are getting ready to be closer to the new year. We all deserve to believe our lives are worthy of Hashgachat Hashem. That we lead lives and have hearts worth being seen in all their moments, and that it brings God joy to see all those moments. We all deserve someone like Moshe to shock us when we act more superficial than we really are. Someone to make it less scary to say what is deeper in us, our truths and our pains, and to say them back to us.

Tentative Torah For the Week's Parasha and Week of Protests

Some meandering and very rough notes about the opening of this week’s Torah reading, Leviticus 16, somehow sort of in light of week’s events at Columbia University and other places.

 

The chapter appears to be just the description by the Divine to Moshe and Aharon (Moses and Aaron) of an elaborate ritual for Yom Kippur, the annual Jewish high holy day of “atonement” – cleansing, resetting. This year, I’m thinking that it’s hinting at a conversation between the Divine and Moshe about his brother Aharon, who is not there at the moment. The conversation is about mourning, being wounded, accountability, uncertainty, protest, timing.

 

Some scholars view this conversation as the center of the Torah itself. It references the Holy of Holies, which is in the very center of the traveling community of Israel in the wilderness.

 

“The Divine said to Moshe – after the death of two of Aharon’s sons, in their coming near in the presence of the Divine, and they died. The Divine said to Moshe: Speak to Aharon your brother, that he not come just anytime the Holy Place inside the curtain, facing the Cleansing-Resetting-Ransoming-Cover that is on the ark, and die – for in a cloud I am seen over the Cleanings-Resetting-Ransoming-Cover. This is how Aharon should come to the Holy Place…. And atone/cleanse/reset for himself and for his household…”

 

And then more, about atonement/cleansing/resetting/ransoming for the entire people, through offerings and a scapegoat and an encounter in a cloud in the Holy of Holies.

 

1. Nadav and Avihu

 

In the first verse, the Torah is already wrestling with itself. The two sons had names, so why are they hidden here? Nadav and Avihu were their names. They died in a fire that came out from the Divine presence, when the two of them brought some kind of unauthorized fire offering. So that’s a reason to hide them. But then the verse shifts, softens -- unauthorized, “strange” fire is reported here as “coming close to the Divine.” And the Torah just mentions that they died, as a thing that happened without pronouncing judgment. It happened and it seems to be how Aharon is marking time right now, or how Moshe is, or how the Divine is.

 

If you want to say Nadav and Avihu were punished, you could say they wouldn’t tolerate holiness by any kind of methodical system. They had waited through seven days of an elaborate ritual of dressing up and waiting inside, to become priests. As soon as that was over, they just came the way they decided was right. You could say they wanted a short cut to absolutes, to truth. They didn’t trust authority, not their father’s or the Divine’s. They were protesters against the system. They were individualists masquerading as brave rebels. They broke from their tribe and family, from a long collective process of inquiry into truth and value and holiness, and fell into groundthink, an echo chamber of two.

 

Or you could Nadav and Avihu were right, but the Torah has no room for them, or the system can’t figure out how to assimiliate them. They were on a different plane, one which just couldn’t coexist with the world of method and system. The Torah doesn’t say in the chapter where they died that they sinned. The “strange fire” of many translations is probably too harsh and wrong for the Hebrew “zarah”; “unauthorized” is more precise. So maybe their story isn’t about punishment at all? Nadav and Avihu were just completely absorbed, in every sense, figuratively and literally. And still we can’t build a bridge from the Torah to them, on this way of seeing it. And to those they left behind, the matter was never resolved, and no one understood who they were or what they had done.

 

2. Aharon and his two sons

 

I never noticed this before this week: the Divine is worried that Aharon will go back to the place where his sons died, and if so he would also die. He might go at the wrong time, or he might go not prepared in the authorized way.

 

None of them had been priests for long. But Aharon was the quintessential system guy. He had to be, after he had improvised in the Golden Calf situation and look at the chaos and carnage and death that ensued. Aharon was at the top of the careful pursuit of holiness, the absolute, and truth – with his carefully designed garments, and the step-by-step processes of shepherding people through their offerings whenever they felt whole, or guilty, or joyful. Aharon would be the one to make judgments, first by oracle and eventually by the book of Torah.

 

But even so Aharon couldn’t suppress the improvisational, says the midrash. Doing his compulsory figure-eights, Aharon had the cultivated calm and metronomic pace to listen to people. And when they hurt he wanted to help them find peace within, or reconciliation between.

 

From time to time, could it be that Aharon was jealous of his two sons? Wished he could dispense with the time-consuming processes and inquiries, and go straight to the absolute? Is that the ground he wanted to go back to, at the Holy Place – to experience himself as they did for a once and only time? Did he need go there to reassure himself that this was him, and that was them, so he could reground himself? Or did he ever doubt his own way? If he did, who else could the Divine possibly find, to model the best of the priestly way and not just the prophetic?

 

Or maybe Aharon would go to the Holy Place simply to weep at the site of his loss, which was or wasn't connected to anything Nadav and Avihu did or represented in relation to him or anything. And the Divine was worried the people might never get him back from there, or never get him back intact.

 

3. The Divine and Aharon

 

How to talk to Aharon about this? How to protect him from searing pain, from being retraumatized by the Holy Place itself? How to shield him from a complexity he might never emerge from?

 

But also, how could even the Divine know when Aharon was healed enough, clear enough, to play his essential role? Which was to help the nation take responsibility, be accountable in a global way, for all it had done over a year’s time. It was Aharon the priest, not Moshe the teacher, whom the Divine designated to shepherd them through. It was Aharon the Divine wanted to train for this, even after Aharon had made the Golden Calf.

 

I have sometimes thought that Aharon’s priestly life was the Divine’s way of guarding him from ever making another public pronouncement in front of an idol that *This* is your god, O Israel. Literally from now on his every word and move would be scripted. But for some reason, that’s not the Aharon I’m seeing this year in this text. The Divine wants the father of Nadav and Avihu to be the one who comes to their meeting together in the Holy of Holies, to be the one person who will speak out loud the Divine name.

 

4. The Divine and Moshe

 

So the Divine went to Moshe with this dilemma.

 

Usually when the Divine has a charge that involves Aharon, the Divine speaks to them together. Not always, but mostly. Here, it stays for the time being between the Divine and Moshe.

 

Let me tell you what I have in mind, which the people need soon, and we need Aharon to guide them through. Maybe if I tell you, Moshe, you can tell him? Or you’ll know when he will be able to take this on?

 

Could we possibly say that the Divine “felt better” unburdening from this load, even if it would be a charge, a command whose execution we don’t hear much about?

 

Usually the Torah records that Moshe passed along what was spoken to him by the Divine, and then the Torah reports who followed through on the matter. In this chapter, it’s only sort of. We hear at the very end that someone did what the Divine had charged Moshe, but you almost miss it. We don’t know if “he did what the Divine had charged” means that Moshe talked to Aharon, or that Aharon performed the ritual.

 

Usually we don’t think of the Divine and Moshe as having conversations of consoling, of reflection. Moshe is the insistent one, the resistant one, the impatient one, the one who has an answer back or pushes the Divine to do something or do the opposite of what was just announced. Who just demands that the imperatives of absolute truths and methodical systems be reconciled – and you, Divine, make that so now! Usually the Divine relies on Aharon to slow things down and soften the edges, or make the dilemmas less painful.

 

On very rare occasions, it has to be Moshe. In this chapter, Moshe just listens to the Divine, listens absolutely, like no other time. And I have to think Moshe sobs in worry for his brother, for the Divine, for the people who need both the Divine and Aharon. Sobs for himself, for being Moshe and not Aharon. For not being able to meet these needs of the people himself.

 

And the Divine will not forget this, and will one day teach Moshe how to be like Aharon. But not yet.

 

5. Aharon and the people

 

It’s not like there haven’t been “sin offerings” until this point. Somehow it hasn’t been enough.

 

They need from time to time a broader accountability, for their year as a nation. Not just when they realize or find out they’ve done wrong – that’s what the “sin offerings” were for. They need to be made, forced, to ask themselves on an annual basis what have we done wrong, and give real answers and not just formulaic ones.

 

Even if they are in pain and in mourning, they need this periodic accountability. Nadav and Avihu were their loss too. Their trauma. It happened in their Holy Place.

 

Aharon will have to be the one to lead them through this new Yom Kippur, this day of cleansing/resetting/ransoming themselves back. Partly because Moshe is too harsh. The teacher is always grading. Partly because Aharon is the master of both systematic method and peaceful reconciliation.

And because when Aharon shows the people how to do this, from within his own pains and questions and anger and uncertainties, they will say: If he can, if he must, then we must, and we can.

 

Aharon will show them that you start with yourself, and your family. Before he can engage the people in confession, he must reflect on himself, on Nadav and Avihu, on everyone who is left. He will confess what he can, and what he doesn’t know is a sin or not he will at least offer up out loud as a report, to say that he knows.

 

Then he will speak on behalf of the people. Atonement is a word muddying the matter. There is a dimension of confession and acknowledgement, and then there is the Kippur, the cleaning/resetting and possibly ransoming back of one’s own soul and the national soul.

 

Interlude – Two Goats

 

The Mishnah says the two goats have to be identical in every way. The one that will carry off all the people’s wrongs to a far-away, sealed-off place no one can get to – and the one whose blood Aharon will take with him into the Most Holy Place.

 

Our worst acts and our ideals, sometimes they flow from place that are twinned within us. A quantum entanglement. (Or maybe just a cliché.)

 

6. Aharon and the Divine, or: Two Cherubs, or: Us Now

 

In the Most Holy Place it is crowded and it is lonely.

 

I have often thought of this part of Yom Kippur, where Aharon disappears into a cloud and meets the Shechinah, right by the ark with the deposit of the Divine words, as a calm retreat. A place he can see the most things, and hear spoken the special sounds of the Divine name, a word reserved and protected from the ways the world barnacles onto even our best most powerful words. How peaceful, how whole in this place.

 

This year I wonder about the lonely part. How will the Divine and Aharon be together? Will the two cherubs, which in the midrash embrace when the people as a whole are reconciled – will they be a comforting metaphor, especially to Aharon, or a cruel reminder of the separations he feels? Or of Nadav and Avihu who came toward this place and are no more – tragically, or because of their choices?

 

From Tali Adler this year, I think for the first time that Aharon and the Divine speak to each other. It’s not just Aharon, speaking the Name. About the Golden Calf, and what happened; about Nadav and Avihu, and who they were and what they did and what happened to them, and how everyone was affected. Aharon and the Divine have the best and most difficult conversation, about the year past and the losses and the wrongs and the world. Just like our midrash says that revelation at Mt. Sinai took as long as each person needed – a spiritual case of special relativity – so too Aharon and the Divine speak. From their perspective it takes as long as they need, maybe infinitely long, even if to the outside it seems to be over in a few minutes.

 

They have the conversations we all need – about mourning, being wounded, accountability, uncertainty, protest, timing. I wish the Torah would have told us more how to do that.

 

I believe Aharon emerges more cleansed, and restored, and healed. Through his acknowledgements, of his own faults and those of the people. And then all of the people through him are cleansed and restored and healed. They feel better and they are better, in every sense of the word. I believe this because I believe Moshe doesn’t tell Aharon to do all of this until Aharon is ready. (I wish the Torah had told us more about when Aharon was ready.) I believe this because I believe it’s possible to be ready.

 

Not just back then, but for us too.

D'var Torah: Questioning and Certainty

This is my D'var Torah for Shabbat, Parashat Va-era, January 13, 2024. It also reminds me of a Rosh Hashanah sermon I gave in 2022/5783, "Right-ology: How To Be Right Better in the New Year"

In August we went down to New York for the simchat bat celebration for our newest grandniece, and when we were hanging out with the family afterward at the synagogue, my daughter Lela was playing with R. and P., and she offered to give them piggyback rides. I think it was R. who got the first ride, so P. began to scream that it was unfair, so Lela said how about I give you two rides. And then of course R. began to scream -- that’s unfair! -- and this went back and forth for a minute when I though I might help.

I tried a trick I learned from Laurie which she learned from her mom, Iris z”l, which is to distract a kid with some other words. And I thought the way I would do this was to bring my moral-educator skills to bear. So I said to one of them, R. I think, “What’s fair?”

And there was a pause for about a second, and can you guess what she said to my question?

R. said: “It’s not fair!”

At which point I left Lela to her own devices.

So R. was right about one particular thing, which I’ll tell her when she’s old enough to get it but I’ll tell you now. In Judaism, we say that we value questioning. We value it a lot, and sometimes we even say that questioning is the essence of Judaism. Questioning what everyone takes for granted, questioning authority, even questioning God. It’s why Jews are often b’gadol, in the big scheme, revolutionaries and social critics, and scientific innovators, and litigators.

What R. was responding to is something else which we also say is the essence of Torah, which is knowing right and wrong. We look to Torah for absolute moral principles, which b’gadol is also why Jews have been among the leading activists for civil rights and human rights, in any country we are in and around the globe.

Questioning and having absolute moral conviction are not the same thing.

R. was saying now is the time for moral conviction, not for questioning.

Sometimes questioning is the opposite of what the Torah wants. When Par’oh says “Who is the Divine, mi Adonai, that I should listen and release the people”, that is not: Ah, Moshe, you’ve brought me an interesting theological perspective I’ve never encountered. I have some questions, perhaps we could discuss divinity and its implications for social ethics.

No, this is Par’oh questioning something we don’t think should be questioned. People shouldn’t enslave other people, period-full-stop.

And even if Par’oh had said: Let’s talk about this God of yours and the implications for our current labor situation -- this was not a situation for questions like that. This was a situation for moral certainty.

It’s not just that certain things should be beyond question. It’s that if what you mostly know how to do is question, it’s hard to build up the commitment you need to follow through, or to stand up for someone. Sometimes questioning can prevent us from believing that we know right from wrong. We think: if you can formulate a question about this conviction, then maybe it’s not a conviction. But you need to be certain about something in order to fight for it, especially when the people who are convinced of the immoral opposite are certain and fight from that certainty.

Let me give you one example from the week, and I want to say something about it from this lens and then come back to from another angle. Israel is right now before the International Court of Justice in The Hague, responding to an accusation that the war in Gaza constitutes genocide.

To me this particular charge is in the category of when questioning is not spiritual strengthening but leads you astray. When you are in a just war, against an enemy that is real and continues to be dangerous on a day-to-day basis, when you make efforts even though they are imperfect to distinguish combatants from noncombatants by helping them escape the fighting so they won’t be killed and giving warning and even a map and schedule of the fighting -- raising the question of genocide is profoundly confused. And Israeli actions to take account of the human rights and humanitarian needs of Gazans aren't a ruse to cover up genocide or genocidal intent. Gaza isn’t some kind of Theresinstadt, that if no one was looking the whole area and all its people would be bombed to the ground.

On this issue there is moral certainty that self-defense is right and a enemy itself genocidal deserves to be fought.

Considering genocide on the part of Israel as though this were a real question, worthy of the international court, doesn’t further any moral certainty at all -- no matter what the court rules, and may they have the wisdom to rule justly. No result of this case, or of parallel actions on university campuses, will strengthen a moral principle in the world or in anyone’s mind.

The parasha and the Exodus story more broadly do teach us about the questions you should ask even in a situation where much is morally clear and absolute. I have this question of my own -- why does God insist so often that the purpose of the plagues is so that Par’oh and the Egyptians will know the Divine? Why doesn’t God say: It’s so they will know that slavery is immoral. Surely that’s a moral certainty that ought to come before anything else.

In fact, while the Torah is teaching us about moral certainty in Egypt, the Torah is also teaching about questioning at the same time.

The parasha begins with this interesting revelation by the Divine to Moshe. God says: I appeared to your ancestors in Genesis as El Shaddai, but by my name, Y-H-V-H, I was not known to them. (Exodus 6:3)

The commentators interpret this to mean that there was something about the One that Avraham and Yitzchak and Yaakov knew with certainty, and that there was something they didn’t know. Rav Ovadia Seforno says that they never stretched what they knew for certain beyond their own experience, and therefore couldn’t really pass on to their children what their moral convictions would mean for their lifetimes.

And Sara Wolkenfeld teaches a midrash from Shmot Rabbah which says the same thing this way: that before Moshe no one who really knew God ever asked questions at all, particularly when what they knew for certain from the Divine was contradicted by what was happening before their eyes.

They never asked why if the land was being promised to them they were continually fighting the people there, or finding it hard to dig a well, or I suppose why sacrificing my son was a coherent thing to do. They never even asked how their enslavement was supposed to be part of the big picture.

But Moshe asked the Divine at the burning bush: Who are You? What’s your name? I know that slavery in Egypt is wrong, and I tried to do something way back but I couldn’t, so what’s going on that you think I can help change this?

This is a questioning which is grounded in moral certainty. Which asks -- if I know this is right and I know this is wrong, how should I apply it? What do I need to do? What don’t I understand yet? What detail about the big principle might I be getting wrong -- or might you be getting wrong? (Even the angels by the way in one grueseome midrash ask God: If this oppression is so wrong, why do You allow babies to be baked into the bricks that Your people are still being forced to make?)

So Moshe reaches a level where he can ground himself in certainty and challenge Par’oh and also continue to ask questions of the Divine, about what flows further from his moral certainty and what he is charged with teaching the people.

And the Divine continues to say in our parasha and next week’s too and beyond that that it’s not enough to say slavery here and today is wrong, but knowing Me means knowing that the Exodus means something forever, in other places and times, and you will have to keep asking each other about that.

So we can and must ask questions about Israel and Palestine, and the war and its conduct and what comes after. We ask them out of our certainties about a Zionism of moral excellence and out of the certainly that all human beings are created B’tzelem Elohim (in the Divine image). Indeed these questions will strengthen and deeper our deepest moral convictions about right and wrong.

We can and must ask about how the Exodus certainties stretch out to civil rights and equality in the United States. What now, and what toward the future, and what have we been missing in this story, all of these we should ask as we mark this important weekend of Rev. Dr. Martin Luther King, Jr.’s birthday.

Some of these wise questions might be very challenging ones, ones that feel every bit as uncomfortable as the genocide quote-unquote “question.” But the point isn’t the doubt; the point is to question in service of conviction. This is the questioning of the chacham in the Pesach Seder, the wise child. Who is convinced that there are important testimonies and laws, and wants to dive further. As opposed to the one she-eino yode’a lish’ol, who doesn’t know to ask questions in the right spirit. I know that my grandnieces R. and P. will understand that one day, because of their parents and the great teachers they want for them.

The Torah calls of this throughout the Exodus narrative “knowing the Divine”, Yediat Hashem. To remind us that it’s impossible to know everything we need to about our certainties but that they are highest thing to strive for. Yediat Hashem is where certainty and questioning meet and then stretch higher. That’s the questioning that is indeed at the heart of Judaism, and as one of our most famous questions asks: If not now, when?

Who Were the Baby-Savers of Exodus and Who Are We?

Saving babies, according to the Torah, was the first crack in the oppression of the Israelites by Pharaoh.

In the first two chapters of Exodus, the start of this week’s Torah reading in the synagogue and Jewish study cycle, two sets of people save baby boy Israelites from the death decreed by Pharaoh. First it’s two midwives, then it’s Pharaoh’s own daughter with the help perhaps of her retinue and for sure of Moses’ sister and mother.

What do we know about each of them? Their motivations? Exodus 1-2 are both very schematic and very nuanced, worth a very careful read or re-read for the way stories that might be very familiar were first written out.

The midwives are introduced in 1:15 by name as Shifra and Puah, and they are the first characters given names in the text, other than the sons of Jacob who came down to Egypt generations before and had long since died. Pharaoh and all the other actors so far in the present story are described by title and role but not named.  And of course it’s very unusual for women who aren’t ongoing figures in a biblical story to be named, or for women at all in the Bible.

Not only did Shifra and Puah defy Pharaoh in their actions; they also defied him verbally to his face! (Clever talk in 1:19; they say the baby boys lived because the Hebrew women are “chayot”, which Pharaoh would have heard as “wild beasts” but also means “alive/full of life.”)

The first interpretive bump in the text is a brilliant gift made out of the fact that Hebrew is an alphabet primarily of consonants, and in biblical Hebrew most vowels are implied and not written. Generally if you know the rules of Hebrew grammar you know the patterns of vowels. But every so often there are two grammatical possibilities, and Exodus 1:15 is such a case. Pharaoh spoke either “to the midwives of the Hebrews” or “to the Hebrew midwives.” One vowel in one word affects whether they might be Egyptian or whether they are clearly Israelite. The names Shifra and Puah aren’t conclusive -- they sound like they could be Hebrew names, or non-Hebrew names made to sound like Hebrew. (Today Shifra has become a good Jewish name, but that’s no proof about ancient Hebrew.)

And then the Hebrew word for Hebrew itself adds to the ambiguity. “Ivri” means the one-from-across, one-from-over-there, one-from-across-the-river. As a rule of thumb, Israelites are described in the Torah as Ivri/Hebrew either by non-Israelites, or by Israelites in the presence of non-Israelites.

And as if that weren’t enough, the Torah says that Shifra and Puah kept the boys alive because “the midwives revered God” (1:17). You could use that to argue that they were Israelites, worshippers of the One. Or you could say the language calls attention to their unexpected reverence for this particular divinity, a stretch beyond their prior identities.

In terms of what this motivation is in substance, “revered God” sounds like deep spirituality. On the other hand, in the Torah “fearing/revering God” often refers to the most minimal standard of moral decency, and the absence of “fearing God” often means the absence of any moral standard at all. Was this standing up beyond any expectation, powered a strength from deep within the heart, or what any decent person should do?

So, were Shifra and Puah Hebrew midwives, or Egyptian midwives serving Hebrews? Or as some early post-biblical legends have it, Egyptian midwives who because of this experience went over to the Israelites or at least to their God?

Whoever they were, they saved baby boys whose death was an edict of the regime. The act is the same either way, but who they were matters. Did they act because this was their own people? (Later Jewish midrash identifies them usually but not always with Yocheved and Miryam, Moshe’s mother and sister.) Was it because of their guild, their duty to all mothers and babies? Because of their spiritual depth and attunement, or a simple and profound humanity? All of the above? Exodus 1 is a different story depending on the answer.

In the next chapter (2:6), Pharaoh’s daughter is bathing by the Nile when she sees a box floating there: “And she opened it, and she saw him, the boy, and look -- it was a little one, crying – and she took pity on him, and she said, ‘One of the Hebrew children this is.’”

Unlike the midwives, she does not have a name in the Torah. She is Daughter-of-Pharaoh. (Later Jewish tradition calls her Batyah, “daughter of Yah/the Divine.”) At least part of her motivation is clear: it’s a baby! And he’s floating for his very life. “She saw him, the little one” – the Hebrew adds an extra syllable. She saw extra.

What did she mean, “one of the Hebrew children”? It’s not just a surface descriptor, one of the babies who belongs to “them”; it’s a baby her own father has decreed must be killed. Anyone who found him was required to drown him in this very same Nile. No longer only midwives were under this command. Identifying a Hebrew baby boy meant seeing immediately a baby condemned to death.

One view: “She saw him, the little one” – Pharaoh’s daughter immediately saw this about him, a boy not just vulnerable but a specific target of her father. She went to great lengths after saving the baby to see to its care and presumably to hide him and his identity. She broke the law right under her father’s nose. She established a relationship with the baby’s mother across a boundary both geographical (Goshen) and national.

Another possibility: Tali Adler this week wrote something interrogating the meaning of pity, the root “ch-m-l” in Hebrew. Sometimes it’s a problematic term, a selective pity or even a self-serving one. (Tali herself I think concludes that in the case of a baby, one never doubts that “chemlah” is pure compassion.)

But in her general vein -- Why did Pharaoh’s daughter save this particular baby boy? Was this just the only one Pharaoh’s daughter happened upon? Was one enough for her, or would she have saved others? Did her retinue mobilize to hold her back from putting all of them at further risk if they were found out? In any case, Pharaoh’s daughter did this one act and didn’t disturb her father’s system any further.

Or did she? At some point, she gave the boy his name, Moshe/Moses, which works in both Hebrew and Egyptian. She says it’s about her “drawing him out of water.” We know for sure that in the Egyptian language his name locates him in the family of Pharoah. But in Hebrew the name is a charge or a prophecy that this boy will become a drawer-out-of-waters. He will, in a long time.

In the next set of episodes, the text toys with us around Moses’ awareness of his own connection. The narrator and we know he is Israelite, yet we don’t know if he himself does. Read the verses in the last half of chapter 2 very carefully! Moshe is identified later by Midianites as an Egyptian (2:19), and he calls himself a “stranger in a strange land” (2:22), which could mean every place he has ever dwelled.

Was the Daughter-of-Pharaoh the one who gently set up her adopted son to “get it” on his own? Did she play a long game? Did she know how painful it would be for him to discover the oppression around him, that he would have to flee from the situation for decades and then from his own role in the revolution, until he couldn’t say no to the Divine voice any more?

“Hebrew or humanitarian” and the other interpretive questions aren’t just about nailing down the motives of these specific characters. The opening chapters of Exodus are parallel to the opening of Genesis. Genesis has 10+ chapters of creation and the origins of humanity before we get to Abraham and Sarah, the founders of Israel (and others) with their special relationship to the Divine. Exodus 1-2 are a kind of second creation saga. Idioms from Genesis 1 are sprinkled throughout. Humanity as an ethical principle prior to Israel and Israel’s Torah is in play, at least as a possibility.

Encountering this part of the Torah, we Jews are being asked whether this Exodus story is about our liberation alone, or about the nature of liberation in the scheme of the universe generally. It's about whose babies we have to see.

Can the story be ours, and also ours-toward-others, and ours-and-others’? Do we read our liberation story as something that has to finish before we can relate it to other people, or can our stories run ongoing in parallel, or are they actually interwoven?

And what if in one telling we are in a process of liberation, and in a simultaneous telling we play a role in oppression? Michael Walzer argues for this at an early stage in our history. He says  that the biblical prophets saw the Israelite ruling class during the era of the kings as both beset by empires and acting like Pharaohs to their own poor.

For me, all the answers are yes. Exodus liberation is past and present, ours and others’-near-us. The first law the Israelites receive after the Ten Commandments is to liberate their own “Hebrew slaves” (21:2). I would argue this means – the slaves which are Hebrew-to-you, the way you were Hebrew-to-others.

****

Now for the harder part, spiritually and morally. I hope you’ll read this part graciously toward me, particularly if you’re a committed Jew or a committed Christian. I hope it might spark some one-to-one or small groups conversations; it’s certainly not my definitive word.

The story of oppression and liberation of the Jews is not over yet for us. The century or less of tremendous Jewish freedom doesn’t mean the process is complete or the book is closed.

About a dozen years ago I first articulated to myself and to the congregation I serve that Palestinian liberation should and will be a Jewish story, a part of our own midrash on Exodus. When Palestinians are free it should be not begrudgingly or in spite of us, but because of us and because of our own liberation.

For a Jew, this focuses the challenge of the babies in Exodus 1-2 and the account of those who first saw them and acted -- what biblical scholar Jon Levenson has called “the universal horizon of biblical particularism.” In the past month, compassion for babies has been at the center of reactions to the Israel-Hamas conflict. The horrors inflicted on babies by Hamas on October 7. The babies in hospitals and homes in Gaza killed and wounded and put at risk in Israel’s military response.

This week how can we Jews not see our own people’s babies and the babies of Gaza at the same time, as we read of Pharaoh’s decree and the midwives and Pharaoh’s daughter? Which of those characters are we supposed to be?

For many Christians recently, there has been another powerful biblical anchor. So many people shared in December an image of or based on a baby doll amidst Gazan rubble set up outside the Church of the Nativity in Bethlehem as this year’s nativity scene. How could people not perceive a link between then and now, especially Palestinian Christians and those who have bonds to them?

Yet if Jews face the challenge of “the universalist horizon of biblical particularism”, Christians face the other side of that coin. Call it “the particularlist horizon of biblical universalism.” How might my friends in Christian faith see particularity, multiple particularities, in the universalism of the Christian story?

When I first saw the image from Bethlehem, I was both upset and afraid. I was upset at exclusion. Does this mean you can’t see my babies during your holy season, only yours, only theirs? And also afraid of what happens when Christians map the war this way. If Jesus represents (only?) the Palestinian babies today, then we Jews today are also the ones who are King Herod in the Gospel of Matthew, ordering the massacre of babies, Herod who is described exactly as Pharaoh from Exodus 1-2.

What would happen if this was the takeaway from Advent and Christmas this year, absorbed on social media and in churches in the United States? How would people emerge from that and look at me and my people? That’s an immediate fear. In the wider picture, what would that do to the possibility of a story where Jewish/Israeli and Palestinian liberation are intertwined?

Seeing the Bethlehem image many times, I tried not to let it disturb my own compassion for Gaza, not to let me off from my own Torah imperative to keep Gazans in my view and in my prayers, even as I was fearful and upset for myself and my own. I felt better actually after seeing a Christmas Day post from one of my religious Jewish-Israeli friends visiting the U.S.: “Where I live, we could use hope and miracles. So if you pray today, keep us all in mind.” I had thought of asking that out loud too, and wish that I had.

I know many of my Christian friends in faith did just that. I prayed that the prayers of my friends during Advent and on Christmas would be capacious enough to see the babies of Gaza these past few months and the babies in Israel who were murdered on October 7 or who were present when their parents were killed; the babies and toddlers held underground as hostages, including baby Kfir Bibas, not even a year old, who is possibly still alive in captivity. All of these babies, and older children, who lost their lives or who will have to grow up and live with the trauma of this from their youth. Not to mention the babies of Ukraine during Putin’s bombings, and other places I forget even to think about too much of the time, who need to be in our stories too.

****

I have a strong memory of Mrs. Nussbaum’s Sunday School class at Shaare Shalom Congregation, when I must have been in first or second grade. We were making our own cut-and-paste versions of the Haggadah, the text of the Pesach (Passover) Seder. I remember myself doing a page with babies being thrown into the Nile. I picture it in the traditional old-style Hebrew School notebook, with the picture of Rabbi Moses Maimonides on the front, though that’s probably wrong. Cutting, pasting, maybe even coloring.

We were taught about the babies and assimiliated it very matter-of-factly as Jewish kids. I don’t remember being scared about it at the time. I, who became the father who wanted to shield my own small children from violence of any kind in TV and books as long as possible, who fast-forwarded past the Nazi parts of “The Sound of Music” with my kids.

Today, it’s the story on the shore with Pharaoh’s daughter and on land with the midwives than I’m eager to cut, paste, and color in. These women will help me see the liberation stories in which I as a Jew am involved – our own story, Palestinians’ and our story with them, African-Americans’ and other American’s and our story with them. It’s not only about babies, or even just children.

I can’t say that in any of the liberation stories of our time I have been active like Shifrah, Puah, Pharaoh’s daughter. I haven't saved any babies. I am perhaps most like Pharaoh’s daughter at the shore at the first moment, trying to see extra and able to say, “One of the Hebrew babies this is.” That’s the moment I guess I have to study so I can know what’s next.

Who were Shifra, Puah, Batyah. What’s the best version of them, the best place to put the vowels and the best way to interpret their words -- and how can I become like them.

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.

Don't Strike the [R]ock -- Reflections on the Oscars

Head over to my blog at the Times of Israel.