Afflicting our Souls

Where I live you can’t ignore Lent even if you want to. So, rather than ignoring the current Christian holy season, let’s address some important, related halacha. There is no institutionalized asceticism in Judaism. True, Nazirites abstain from certain things, alcohol and grapes. Priests who are serving have to keep themselves under strict control, but neither of those is a system of self-denial. A few historical rabbis have practiced self-denial, including Simon ben-Yohai and Daniel Zion. However, these rabbis only neglected themselves for the sake of spending more time studying the Torah.

The reason we do not systematically deny ourselves physical pleasure because we believe that the physical world is not evil, God made it to be good and to be enjoyed. Physical creation is celebrated throughout the Bible, in passages like Psalm 104:14-15, “He makes plants sprout for the beasts, and herbs by the work of man, to bring forth bread from the earth / And wine that makes man’s heart rejoice, to make the face glow from oil, and bread to sustain the heart of man.”

Food and wine are good, created for our joy. Rav even states that we will have to answer to God for all of the good things which we were allowed to eat and refused (JT Kiddushin 4:12). R. Elazar HaKappar even states that someone who gives up the good things God has given us will be counted a sinner. He based this on the fact that Nazirites are required to offer a sin offering when they complete their vows (BT Taanit 11a, Num. 6:11). Early believers also made statements to this effect, saying that God created food for man to enjoy (Didache 10:3). The Messiah also did not come as an ascetic, but “eating and drinking” (Matt. 11:19).

What the sages to encourage is moderation (cf. Mishneh Tora, Hilkhot De’ot ch. 3). Although there are specific times when we fast for repentance or intersession, like the Fast of Esther which just passed, we do not make self-deprivation a way of life. Fasting in Judaism is purposeful, limited, and clearly defined. It is a sign of mourning, despair, and/or repentance, when we deprive ourselves of things which are normally not only good but necessary as a sign of our earnestness. In fact, the Hebrew phrase translated "fasting" means to "afflict the soul," which, according to Rashi, means that we must abstain from something which is necessary for the "soul," the life force. Because fasting is restricted to not eating and drinking at all, it cannot become a lifestyle.

Be still and know

Jewish tradition has usually taken a very practical view on violence, something like “just war theory.” The idea being that war can be justified on the basis of self-defense of one kind or another. I would like to suggest, though, that there is room within our tradition for another position. There is room for a position which prohibits violence altogether.

Go! And see the wonders of HaShem / which he has done throughout the earth // He puts an end to wars to the ends of the earth / He snaps the bow and breaks the spear / He scorches the chariots with fire. // Stop! and know that I am God / I will be exalted among the nations, / I will be exalted in the earth. // HaShem of legions is with us / A fortress for us is the God of Jacob. / Selah. Psalm 46:9-12

We’ve all heard “be still and know that I am God” over and over as a kind of devotional verse. We’ve been told that this encourages us to sit still for a little while and realize that God is good. We could not have been more wrong. This is a command for us to stop killing each other. In this verse God looks out over a war-torn earth and shouts at us “Stop killing!”

Radak and Rashi both interpret the command to “stop” as a command to the nations. Rashi understands it as only a command to stop attacking Israel, while Radak argues that it is a command for them to stop participating in idolatry and worship God. I disagree with both of these rabbis. The psalm clearly addresses Israel, and the verse goes on “I will be exalted…” This is to tell us that God will be exalted and not us. God will fight, and not us. God is our fortress, and He will fight for us.

There is another precedent for this idea. Rebbe Mendel of Kossov once referred to an idea which is common throughout Judaism, “Why has the Messiah not come yesterday or today? He has not come because we are today just the same as we were yesterday.” It is our responsibility to live in such a way that will bring about the Messianic age. Yeshua even seems to refer to this idea when he says, “Behold, your house is forsaken. And I tell you, you will not see me until you say, ‘Blessed is he who comes in the name of the Lord!’” (Luke 13:35, NRSV)

If there is going to be peace in the Messianic age, then it is our responsibility to live that out now, to bring it about through our actions. Even if it is inconvenient. The Psalmist doesn’t give us room to plead self-defense, because it is only God who will be exalted over the nations. It is only the God of Jacob who is our fortress.

This moves us far beyond a devotional understanding of this verse. It’s no longer about a neat little quiet time. When I read this verse now I can hear the shouting voice of God weeping over the way we kill our fellow man at he screams for us to “BE STILL! And know that I am God.” And that we are not.

None of this is meant to contradict the tradition. I mean only to critique the tradition based on the tradition. Part of the whole purpose of halacha is to bring peace, as Rambam writes in Guide to the Perplexed, the Torah is to bring “the well-being of the states of people in their relations with one another through the abolition of reciprocal wrongdoing.”

Judges and Priests

In last week’s Haftarah, I Kings 5:26-6:13, the Deuteronomist describes the Solomon’s Temple. It reminded me of what the text describes in chapter 7. Solomon has ten lavers and ten lampstands made for the Temple. The text goes into great detail about all that Solomon did in the Temple, with no direct instructions from God. When Moses built the Tabernacle, on the other hand, God makes it very clear that he is supposed to copy the heavenly Tabernacle in every detail (Ex. 25:40). What changed?

This is just one example of a very important idea, which is stated outright in Deut. 17:8-9, “If a legal case is too difficult for you…you shall get up and ascend to the place which HaShem your God will chose. And you will come to the levitical priests or to the judge who will be in those days, and you will ask, and they will tell you the word of judgment.”

The priest or judge who is alive at the time has the authority to make legal rulings, and verse ten makes it clear that the community is required to uphold their verdict. In BT Rosh HaShanah 25A, the sages highlight the phrase “in those days.” This points out that we cannot appeal to an earlier court. We must accept the legal rulings of the court that lives in our own time, because only they know how to apply Torah law to current circumstances. This is what Solomon did by adapting the Temple design.

Rabbi Ben Dosa argued that if we take issue with one court, we would have to take issue with every court, including Moses, based on Exodus 24:9, “And Moses and Aaron, Nadab and Abihu, and seventy of the elders of Israel went up.” The rabbi argues that the names of the seventy elders weren’t given so that no one could mockingly ask a judge, “Who do you think you are?” (Mishnah, Rosh HaShanah 2:9)

This commandment teaches us that we must appoint judges to apply the Torah, and follow their rulings on issues of law. This applies to things like setting the date for festivals, which R. Akiva points out the Torah says that “you,” meaning the Israelites, should proclaim the days of the feasts (Lev. 23:2). And the date set by the court is therefore final, even if the witnesses who saw the new moon made a mistake (BT Rosh HaShanah 25A).

Hebrews appeals to this same idea when it says, “Obey your leaders and submit to them; for they are keeping watch over your souls, as men who will have to give account. Let them do this joyfully, and not sadly, for that would be of no advantage to you.” (Heb. 13:17 NRSV) Today the leadership of our synagogues function as judges with the authority to make legal rulings. The Messiah taught this, too.

The scribes and the Pharisees sit on Moses’ seat; so practice and observe whatever they tell you, but not what they do; for they preach but do not practice. (Matt. 23:2-3)

This idea is vital for unity. If we do not have leaders who have the authority to make legal decisions based on Scripture and our legal tradition, we are in great danger. It is easy for us to split off in a thousand different directions, and we may all stop even talking to each other. We lose the ability to get along and to fellowship together. We also lose the ability to apply the Torah to new situations, because we have no one with the authority to say that it ought to be applied in ABC way, instead of XYZ way, and it may quickly become irrelevant to our lives. Without judges, we descend into instability and chaos.

Taking Responsibility

I was convinced that I needed to start posting halacha here again by a verse from last week’s Torah portion. Exodus 21:29 says, “And if the ox gored yesterday and the third day, and the owner was told and did not guard it, and it killed a man or a woman, the ox must be stoned, and also its owner shall die.”

The sages in the Mishnah established a general rule based on this principle. In the Mishnah, tractate Baba Qamma 1:2 the sages explain that if I am responsible for something and it does damage to anyone or anything, I am considered responsible for the damage it has done. Basically, I am not only responsible for what I do, I am responsible for what I should have done, and did not. I can’t say “I wasn’t trying to hurt anyone.” My only defense is if I can say “I was trying not to hurt anyone.” If someone was hurt in spite of everything I could do to prevent it, I am not responsible.

Neusner explains it well, “what God wants a person to do is take responsibility for his or her own actions, accountability for the results of what chattel belonging to him or her has done—no more, no less.” (Making God’s Word Work, 199)

The Talmudic sages clarified and limited exactly what this means. First, I had to know and be warned ahead of time that damage could come about. The meaning of “if the ox gored yesterday and the third day” is that this ox had a habit of causing injury. I can’t be held responsible if I had no way of knowing that someone was likely to get hurt. Even if there was a pattern, I am not held as responsible for my possessions causing damage as if I did it myself. The basic idea is that if I hurt someone, I am responsible not only for the damage, but for my intent to cause damage. If I am only guilty of neglect, I must pay for the damage, but not for my intentions. (BT, Baba Qamma 9B-10A)

As I read this, I was reminded of what James tells us, “Let not many of you become teachers, my brethren, for you know that we who teach shall be judged with greater strictness. For we all make many mistakes, and if any one makes no mistakes in what he says he is a perfect man, able to bridle the whole body also.” (Jas 3:1-2, NRSV)

I am not a perfect man, and I make many mistakes, and I’m not free of the pride and ambition that James goes on to describe in this chapter. But if I fail to share what I do know, I am just as guilty as if I speak wrongly. As Rabbi Tarfon said, “You are not required to complete the work, but you are not free to cease from it.” (M. Pirkei Avot 3:21)

Let me leave you for this week with a challenge and a question: what responsibility are you neglecting, and what damage could it cause?

Sorry, readers

I'm going to have to discontinue posting regularly for the foreseeable future. This semester is proving to be a heavy one and I just don't have time for the kind of research and work I like to put into this blog. I may start writing regularly again in December.

Render unto God

I’ve gotten into the habit of starting these halachic entries by quoting a verse. I have a difficulty with that, this week, though. The sages read the same verse in three different ways, and all are considered valid readings, because the grammar is ambiguous. In many cases the text is purposefully ambiguous to lead to multiple interpretations. I’m going to address as much of Exodus 20:20 as I can in this space, and we’ll see how far we get.

The most common reading of this verse is as follows, “You shall not make with Me gods of silver or gods of gold to worship them.” The word “images” is understood in this verse, making it “you shall not make with me images of gods…”

However, R. Huna explains that if we read the third word as “oti” (my sign/image) rather than “iti” (with me), it reads “You shall not make My image.” What, then, is God’s image? “And God created the man in his image, in the image of God He created him.”

From this reading we derrive the ruling that it is forbidden to make images of human beings, because we are made in the image of God. This is restricted to three-dimensional images like sculptures. If the image is flat or receeds (like an engraving), it does not violate this commandment (R. Israel Meir Kagan, SMK Negative commandment 144).

For this reason it is not permitted to make or to own a three dimensional image of a human being.

This commandment can inform our reading of Mark 12:14-17

And they came and said to him, "Teacher, we know that you are true, and care for no man; for you do not regard the position of men, but truly teach the way of God. Is it lawful to pay taxes to Caesar, or not? Should we pay them, or should we not?" But knowing their hypocrisy, he said to them, "Why put me to the test? Bring me a coin, and let me look at it." And they brought one. And he said to them, "Whose likeness and inscription is this?" They said to him, "Caesar's." Jesus said to them, "Render to Caesar the things that are Caesar's, and to God the things that are God's." And they were amazed at him. (RSV)

The Kingdom of Heaven

Elections are in the news again and, like always, they sound like the rest of the soap operas. Will he? Won't he? Can you believe what she said? Who he texted? In the middle of all of this it's important for us to remember where our citizenship is.

With school keeping me busy I'm not able to produce two blog posts like I usually do the first week of the month, today I just want to remind my readers that our Kingdom is not of the world, that we ought to obey civil authorities, but we do not need to become overly involved in the political processes of this world, because our duty and our loyalty belong with our God and our family.

Again, the kingdom of Heaven is like a net which was thrown into the sea and gathered fish of every kind; when it was full, men drew it ashore and sat down and sorted the good into vessels, but threw away the bad. So it will be at the close of the age.