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But there’s a limit to listening.

A few weeks ago we read the sedrah of Ki Tetzei, which includes Deut. 22:22: “If a man is found lying with a woman who is married to a husband, they shall die, even both of them, the man who lay with the woman and the woman …”

Rashi comments that the words “even” and “both of them” (two separate words in Hebrew) can’t possibly teach that the woman and the man must both die, since that is stated explicitly. No, Jewish tradition teaches that the extra words mean this: if the woman becomes pregnant from the sexual encounter, she is executed without waiting for the baby to be born.

Today, of course, Western societies follow King Lear’s ruling: “Die for adultery? No,” (4.6).

But what about the adulteress’s pregnancy?

In the spirit of listening to people whose opinions I usually reject, I read part of the Republican platform. I’m sure most Republicans are bright and decent and love the United States and our planet and our fellow humans and all God’s creatures including lizards and lice just as fervently as I do, but sometimes I find myself disagreeing with them. Not to be political, but I never vote with them.

Here’s what I read on page 13 of the Republican platform:

… we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life that cannot be infringed. We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.

And here’s a little of that Fourteenth Amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

So in case a woman is on death row and pregnant (probably raped by a prison guard), what happens in a Republican world? Presumably the mother gives birth and gets executed, while the baby is raised in the loving arms of the Republican state, no doubt without welfare or healthcare.

Somehow, this doesn’t seem right to me.

Jewish tradition seems to say that a baby isn’t a baby until it’s a baby, and a foetus is not a baby. I wish I heard the Jewish position acknowledged more frequently as a proper, ethical and religious point of view.

A few weeks ago we attended the Society Hill Synagogue in Philadelphia. Rabbi Avi Winokur said something that stuck with me. You remember that the daughters of Zelophechad had no brothers, so they inherited the land that would have been their father’s … and then the rest of their tribe complained they might lose some tribal land, so the girls had to marry within the tribe? Well, some people see this as a brief glimmer of equal rights snuffed out by the clamor of the male chauvinists, but Rabbi Winokur quoted a reliably feminist rabbi who said (and I paraphrase): “Sure, we all have a right to freedom, but we also have a responsibility to be, well, responsible. So freedom has to have limits.” Now, here’s the wise thing Rabbi Winokur said: if a traditional rabbi had said the same thing–one who wouldn’t accept a radical feminist rabbi as a rabbi–would we have accepted it, or do we mistakenly consider the source instead of the truth of a remark?

I should be able to learn from everybody, even someone who is stupid and mean.

Right?

Oh dear, I felt awful when I read about the racist yobbos who beat and tried to kill Jamal Julani. What’s the point of any philosophy or civilization or religion if it leads to gangs of youths roaming the streets looking to beat to death those they don’t like? This was in Israel; is this the end to which 60-plus years of Israeli society has led?

Hate crimes have been with us for decades, and they exist in every country, regardless of its style of civilization. Remember Vincent Chin in Detroit? Remember Paki-bashing (beating up supposed Pakistani immigrants) in England?

Surely, such hate crimes are an aberration in a civilized country. In countries where we think  xenophobic brutality is commonplace, perhaps our impression–formed at a distance–is wrong; even if our impression is right, perhaps in time a natural feeling of human compassion and tolerance will overcome short-lived hatred. Perhaps, and perhaps not.

This week’s sedrah (Deut. 21:18-21) discusses the incorrigible child. What is to be done if he won’t listen to his father or mother despite their efforts at discipline? The Torah prescribes death. Why the death penalty for someone who has not committed a capital crime? Rashi explains it’s because such a person is bound to turn to thievery and murder. Can you every be sure that a child is unredeemable?

Of course, the Torah is full of death penalties that are never imposed. During all of Moses’ time as a lawgiver, only two people are executed, and in both cases the penalty is uncertain. The Talmud says many capital crimes outlined in the Torah never occurred, including the case of an incorrigible child, though one rabbi says not only did it happen, but “I sat on his grave” (B.T. Sanhedrin 71a). (JewishVirtualLibrary.org has a useful review of the topic of capital punishment in Jewish tradition.)

So, is there such a thing as an incorrigible child? (Got a teenager in the house testing the limits of your love?) If so, what are the parents to do? And if they ask the authorities for help, what are they to do?

I’m sure many people have quick answers to these questions based on the best scientific research and theory. But as for me, I can only think of the misery involved, shame for the families of the perpetrators, pain and anger for the families of the victim, and hope that some fresh tolerance and understanding will emerge from this shameful act of xenophobia.

Just back from a trip to Europe, with its charming cobblestone alleys and enduring traces of anti-Semitism.

Jewish life is enshrined in museums as a tourist attraction, and when I peer at the kiddush cups and Torah pointers I wonder if the other tourists realize that objects like these are still in use and the rituals explained in museum placards are still practiced today. Hey, look at me! I’m one of the Jews whose culture you’ve paid to see!

In Prague, I went to the famous Altneuschul (gosh, I even got the Levi aliyah!), saw Rabbi Sidon’s recently published chumash with Czech translation, and visited the rest of the well-preserved Jewish sites. Prague started a Jewish museum in the early 1900s, and perhaps that’s why Hitler left the Jewish quarter intact, as a theme park to commemorate “a vanished race.” The Jews haven’t vanished, but you can’t tour the Jewish quarter without thinking of Hitler’s heinous legacy. Can I celebrate the survival of Prague’s Jewish Quarter–must I thank the Nazis for this relief while I mourn the millions of people and thousands of communities they murdered?

In Nuremberg and Regensburg, I wanted to see the Judensau sculptures on the cathedrals. They’re on the outside, a couple of dozen feet off the ground, not at all easy to see. Should these offensive sculptures should be retained and acknowledged as a moral failing in medieval art, like the Prioress’s Tale in Chaucer’s Canterbury Tales? Nuremberg Cathedral staff found a brochure for me all about the anti-Jewish artwork in the cathedral, and in Regensburg a plaque explained that the Judensau sculpture faced the ghetto. Some online commentators complain that these explanations are “only” in German; to me this seems an arrogant complaint, as if English is the only language that counts, and it means a great deal to me that explanations are aimed at the locals who feel that the cathedral–with all its imperfections–is theirs.

On the Charles Bridge in Prague is a crucifix with Hebrew words around it. A plaque in Czech, English and Hebrew explains the anti-Semitic history behind the sculpture. Apparently, a 16th-century Jewish resident was accused of showing disrespect to the cross, so the locals forced him to pay for decorating it with large gold Hebrew letters saying “Holy, holy, holy, etc.” Some Jewish commentators are indignant that sacred Hebrew words could decorate a cross, and I could imagine Christian commentators indignant that the words are in Hebrew instead of Latin. Perhaps it’s a good lesson that all religions should share the sacred, and let it guide them to do good.

(While I remember Jewish suffering, I also remember think of the suffering of other religious communities, such as the Waldensians. Whenever one feels victimized, the Wikipedia article on the Waldensians is healthy reading.)

So that’s Europe: Judaism breathes again where once it was most threatened; Jewish history and tradition are tourist attractions; traces of anti-Semitism are still to be seen but publicly deplored. The cobblestone alleys are charming, the coffee and cream cakes delicious, but there’s a bitter aftertaste for the Jewish traveler.

A week or so ago, Lawrence Kushner spoke in the Detroit area. What an entertaining speaker! Several of us were determined not to miss the talk because we remember the last one, a few years ago.

What an experience that was, as the astonishing revelations probed deeper and deeper. Many of us remember the experience, but someone asked me what he actually said, because she couldn’t remember. In fact, she went to ask him after his talk this month, but he professed not to remember, either.

But I remember, or I think I do, and here’s the gist of it.

He talked about the challenge to the authenticity of the Torah. Was it all the word of God, or was it Moses’ report of God’s words, filtered through a human medium? If you say that’s the case for most of the Torah, what about the Ten Commandments, introduced by “God spoke all these words …”

So at least God spoke the Ten Commandments. Or wait, maybe God had to stop because the people interrupted and told Moses that hearing from God was too awesome to endure, and they’d rather hear it from Moses (Ex. 20:16). So in that case, how much of the Ten Commandments did God vocalize?

Maybe it was just Ex. 20:2, “I am God, your God, who brought you from the land of Egypt, from the community of slaves.” This is how God is identified; the rest is rules that Moses could have given.

Or wait, does God have to say anything other than “Anochi / אָנֹכִי / I” as identification. Maybe that’s all that God needed to say.

And then Rabbi Kushner (as I remember) invoked the Kotzker Rebbe. Ah, the great chassidic mystic who (it is said) spent the last 17 years of his life in study and contemplation in his room, said–and I can’t give a reference because I wouldn’t know where Rabbi Kushner found this or if he even said it for sure–the Kotzker Rebbe said something like this:

“Maybe God didn’t even have to say ‘Anochi.’ Maybe all God said was the letter aleph that begins Anochi, for the aleph is the sound you make before you make a sound, and implicit in that silent letter is all we need to know about speaking and living together. For what is that aleph made of? It is a long stroke of the pen, and two short strokes. Take those three marks and rearrange them a little. Make the long one vertical. Place the short ones horizontally, one on each side of the long one. What do you see? It is a human face.”

The revelation of the Ten Commandments is the revelation of our common humanity. The rabble that left Egypt received a manual for making a model society, and the first and only rule in that manual is to acknowledge the humanity of others. This is the lesson of the Torah: if only we realize what we do with our minds and our bodies before we articulate a sound, we’ll know that silent aleph is the voice of God, teaching us all we need to know.

That’s what I remember; correct it if I’m wrong; find whatever truth lies inside it.

What an optimistic title, as if anyone could discuss all the problems with one of our prayers in a single post. Ha!

One of the themes of Aleinu is a wish that all people should become monotheists. As Yitz Greenberg has pointed out, great progress has been made in fulfilling this wish. Some Jewish and Muslim authorities maintain that Christians are not monotheists, but most Christians that I know believe they are monotheists, and I think it’s best to accept what a believer says about his or her belief. Hindus are monotheists, too, by the same logic. Yes, they have a reputation for worshipping lots of gods, but (as a Hindu friend once explained) these are gateways to the divine.

The Jewish opinion of Christianity was a big deal in the Middle Ages, when some learned folks held that the Jews were making snarky comments about Christianity. Aleinu includes a quotation from Isaiah: “for they worship vanity and vacuity and pray to a god that can’t help.” In some communities, the Christian authorities made us remove that line; it didn’t help to say that the quotation could not possibly refer to Christianity since it was written so long before Jesus.

There was a quaint custom in some communities to spit at the word “vacuity” (which in Hebrew is close to the word for “spit”), and maybe some people would spit to spite the Christians, even though Isaiah’s words came before Christians. Hey, he was a prophet; you never know, maybe he was prophesying about some future belief system. I don’t think so, but what do I know?

But the big problem with Aleinu is the other part, which seems to talk about the difference of the Jewish people from others: “We are obliged to praise the Boss of everything, to ascribe greatness to the one who formed Creation, who did not make us like the peoples of the other lands and did not place us like the families of the earth.” It makes Judaism seem like a triumphalist religion, and I’m a post-triumphalist Jew, so I don’t like that.

One way to address this is to change the spelling of the negative particle in “did not.” In Hebrew, the sound is “lo.” Without changing the sound, you can make it mean “to him” or “for him,” like the ethical dative (as we used to call it) in English. So instead of making the Jewish people different, we could say that God made them just like other people and did it for God’s own benefit or purposes, which we may or may not understand. After all, when you sing along with everyone else, you can say what you like if it sounds the same, and nobody can tell you think you’re singing the opposite of everyone else.

Another way to avoid triumphalism is to claim that Joshua composed the prayer, to articulate the mission of the Jewish people when they conquered their land in Joshua’s time. That conquest was a one-time event; the nations who occupied the land in those days no longer exist (so, I’ve heard, Jewish tradition tells us). So there was a time when we had a different mission than others and had to distinguish ourselves from others, but that time is long in the past.

A third way to look at the problem–it’s a problem for me, and maybe not for you–is to think about what it means to be an individual. Does each person have a unique destiny, a unique contribution to make to our planet? Am I just like 100,000 other people or is there something different about me? I know people who are like me in one way or another or several, but not in every way, at least not as far as I can tell. I don’t think being different means being better or worse, but it may mean having different obligations.

I like what Lionel Blue says about Jewish prayer: for a moment we talk about what miserable creatures we are, and then how wonderful we are to enjoy God’s love. Our prayers sometimes hold two contradictory views. And maybe that’s the best defense of Aleinu: we’re special, but we’re still like everyone else. How can that be? Let’s leave our prayer service (which always concludes with Aleinu) with this question in our minds, and spend the rest of our time seeking an answer.

Hmm. That’s the Hebrew Aleph-Bet, or Alef-Bet, if you’re going to be picky, and if you’re going to be picky you won’t be satisfied with the standard answer of 22.

If I told  you to make a series of letters to convey all of God’s message to humanity, or at least to Jewmanity, do you think you could do it with 22? And by the way, two of them are silent. Maybe three.

Okay, the silent letters in the Hebrew alphabet (using the English word for the series of letters) are aleph and ayin. Now, a shin with the dot on the left is a sin, but a dot on the right makes it a shin (unless you are one of the Ephraimites with some kind of speech impediment who can’t pronounce the sh sound in shibolet (Judges 12:5-6), but they all got killed off, I guess, which left only Hebrew-speakers who could say shibolet). But what is the sound of a shin without any dot, as in Issachar (יִשָּׂשכָר)?

But wait: if the dots here and there make shin and sin separate letters because the sound is different, how about the dots inside all those other letters? No, no, you can’t claim to have another letter just because the sound is different!

Nor can you claim to have two separate letters just because their shape is different. You have five final letters in Hebrew; you can’t add them to the 22, can you? Look the English E and e: two different shapes, one name, so one letter out of 26. If you added all the English capital letters, you’d have to say there are 52 letters, and we all know that’s not true.

The Hebrew shin and sin have two names, but we ignore the difference and count one letter.

There’s a letter in the Thai alphabet that changes the tone of the following consonant. This letter has a shape, a name, no sound, but it does something. Turkish has an i without a dot; the sound is like i in sir–is that a sixth vowel, or no vowel at all? In English, the g in tough doesn’t sound like the g in age or grow.

My teachers promised me that Hebrew was phonetic, that the letters wouldn’t confuse me, that it all made sense. Maybe I misunderstood them, though I was a dutiful and timorous student, given to tears at moments of adversity. Maybe they lied.

Even the Rabbis of the Talmud had to wonder about aleph and ayin. How come a word sometimes uses an ayin and sometimes an aleph, they wondered (BT Shabbat 77a-b).

I’m glad I don’t have to face a class of Hebrew school students and teach them the letters.

It’s getting more and more difficult to count letters in an alphabet. The shape doesn’t matter. The name doesn’t matter. The sound doesn’t matter. What matters, then? Is the answer (roll of drums, thoughts of Tevye) TRADITION?

Please, no, don’t tell me so!

It’s a puzzle. Every time we read Exodus 15:11 in daily services, how can we not wonder that the first chaf doesn’t have a dot (dagesh) and the second one does: Mi chamocha, and then Mi kamocha. The meaning of both phrases is the same: “Who is like you?”

Here’s the Hebrew:

מִֽי־כָמֹ֤כָה בָּֽאֵלִם֙ יְהוָ֔ה מִ֥י כָּמֹ֖כָה נֶאְדָּ֣ר בַּקֹּ֑דֶשׁ נֹורָ֥א תְהִלֹּ֖ת עֹ֥שֵׂה פֶֽלֶא

The simple answer is that the chaf is one of the “beged kefet” letters; at the beginning of a word, these letters have a dagesh. The first Mi chamocha has a hyphen linking Mi to chamocha; it’s all one word, so the chaf doesn’t begin a word, and so it doesn’t take a dagesh.

But both phrases mean the same; why isn’t the Hebrew the same?

Well, maybe they don’t mean exactly the same. Surely, words are influenced by their context. In the first phrase, the meaning is “Who is like you among the gods, God?” Here, “Who is like you” is an incomplete idea that goes with the next words.  In the second phrase, “Who is like you” is a more complete idea: it parallels the next phrase, “awesome in holiness,” and it recalls the completed idea of the first phrase (“Who is like you among the gods, God?”).

That’s why there’s a hyphen for the first Mi chamocha and not for the second.

The more I roll this explanation around in my mind, the better it gets. Maybe I have it right, maybe I’m letting familiarity justify a bad idea. But that’s the best answer I have.

Thanks to Joel Hoffman’s book, In The Beginning, for pointing out the importance of context for pronunciation (as well as for meaning)! On beged-kefet letters, look at Hoffman’s book, pp. 71 ff, and here’s another resource: http://www.shemayisrael.com/parsha/klarberg/archives/vayera63.htm

The Talmud (Megillah 9a) tells us a surprising story. A powerful king, Ptolemy, once placed 72 Jewish scholars in solitary confinement to translate the Hebrew scriptures into Greek; solitary confinement would presumably prevent them from collusion on adjustments to the text. Nonetheless, the story goes, they all made the same changes, motivated by divine inspiration.

The Letter of Aristeas may be another version of the same event.

The first change they made was to the first clause of the Torah. Instead of translating בְּרֵאשִׁית בָּרָא אֱלֹהִים with the verb before its subject, which could mean “In the beginning he/it made God,” they changed the order of the words to “In the beginning God made.” This would avoid confusion between Jewish and Greek theology, for the Jews believe that the Creator owed nothing to any other creator, whereas the Greeks (if Plato represents their theology well in the Timaeus) thought that the Creator first formed an agent who created everything we can see.

In the list of unclean animals in Lev. 11, they didn’t translate the Hebrew word אַרְנֶבֶת as “hare” (Lev 11:6) because that would have been the name of Ptolemy’s wife. They wouldn’t want to offend the king by including his wife in a list of unclean animals!

What I find most interesting in the story is that the Talmud thinks the translation divinely inspired. While in one sense God’s word is immutable, the physical marks and sounds which contain it–the physical “word”–must change to meet changing circumstances.

Experts in the Klingon language know that the warlike Klingon culture would find little solace in the idea that God “is my shepherd,” for Klingons would not want to be compared to sheep.

The traditional text of the Torah contains a large number of variations. Perhaps these are traces of different ancient originals, too highly regarded to be ignored. Or perhaps they are healthy reminders that God’s message cannot be squeezed within the limits of human language, and every person who claims to be following “God’s word” should remember that the language which dresses the message–the contemporary interpretation of the eternal message–may have to change as culture and language change.

This morning, I heard Mitt Romney say, “If religion is to be free of government intervention …” I can finish the sentence: then abortion must remain legal. Why? Because in certain cases, it’s required by Jewish law. For example, if pregnancy threatens the mother’s life, there’s little question that an abortion is required by Jewish law.

Of course, Jewish law applies only to Jews, so non-Jews (as far as Jews are concerned) are welcome to kill mothers in order to save their babies. Since Macduff was “from my mother’s womb untimely ripp’d,” something Macbeth discovered shortly before Macduff killed him, I bet Macbeth would have favored the Jewish approach.

I’ve been thinking about this topic since last Michael P. Warsaw’s op-ed in last Wednesday’s New York Times. Mr. Warsaw feels the government intrudes on his organization’s freedom of conscience by requiring medical plans to pay for abortion and contraception. Many people whom I respect share his views, but I hope they will admit it’s possible to differ, and the basis of this difference is rarely reported (as far as I can see).

I wondered about a source for the Catholic objection to abortion. To my astonishment, an article by Robert Brom, Bishop of San Diego, cited Exodus 21:22. But–I said to myself–that verse is the very proof that in the Bible’s view, destroying a foetus is not murder. The penalty for causing a miscarriage is monetary compensation; it’s not a capital crime like murder. I’ve always wondered how opponents of abortion who base their views on the Bible can cope with that verse.

But now I see that there are different ways to interpret one verse of Torah. Here is the verse, with a couple of my translations:

Exodus 21:22

וְכִֽי־יִנָּצוּ אֲנָשִׁים וְנָגְפוּ אִשָּׁה הָרָה וְיָצְאוּ יְלָדֶיהָ וְלֹא יִהְיֶה אָסֹון עָנֹושׁ יֵעָנֵשׁ כַּֽאֲשֶׁר יָשִׁית עָלָיו בַּעַל הָֽאִשָּׁה וְנָתַן בִּפְלִלִֽים

If men are brawling and they hit a pregnant woman and her fetuses come out, and there is no other harm , somebody has to be punished as the husband demands and he presents to the judges.

If/when men are fighting and they push/hit a pregnant woman and out come her offspring and there is no harm, punish he-shall-be-punished as the master of the woman shall lay upon him and he-shall-give/it-will-present in/with/to the judges.

You can see the verse and several translations here. Click the letter C to see a word-by-word translation from Hebrew to English.

Room to Differ

The verse certainly has room for different interpretations. One question is whether “and there is no other harm” means harm to the mother or the offspring. For Jews, it’s harm to the mother, as Rashi (the greatest of Jewish commentators) says; for Bishop Brom, it’s harm to the foetus.

Now, we could spend a lot of time arguing which interpretation is correct, but cyberspace doesn’t have room for a full discussion.

Who is Right?

To me, it has always made sense–when a decision has to be made–to protect the mother’s life rather than that of the foetus. Others see the opposite, but their position seems to undermine women’s rights.

So who is right? I think it was the Pilgrims. They fled England to avoid religious persecution and found a safe haven “far from the storms’ and Prelates’ rage,” in Marvell’s words.

In reports on the question of abortion, I have never seen any mention that there is a Jewish position, based in part on the Jewish understanding of this apparently crucial verse. I hope that Jewish people can continue to follow their legal system, developed over millenia and still evolving to meet contemporary needs, without the governmental interference that Mr. Warsaw and Mr. Romney fear.

I think that both the Catholic and Jewish positions deserve consideration, and I believe there are competing valid claims that must be settled case by case. Mary Midgley, that very wise writer, says: “In the seventeenth-century wars of religion, as in earlier disputes, enormous issues of doctrine were repeatedly treated as factual questions with a single right answer, reachable through controversy. Once political sides had been taken, it became extremely hard to suggest that the truth is so vast that both these doctrines may be only attempts to grasp at the part of it” (Science as Salvation, 95).

Nothing I say will conclude the debate; I only wish that more people who base their position on their understanding of scripture would realize that valid interpretations can differ. Then, perhaps they would realize that scripture’s voice in government is advisory and not decisive, that government must regulate society in order to protect all citizens–even to protect them from religious doctrines that they do not share.

I have written this with trepidation because I mean no disrespect for any religion, for we all seek truth and (if we are honest) admit that our insight is limited.