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Regulations Redux

4 minute read
Intermediate

Speed limits, traffic lights, parking meters, building codes, dress codes… it’s easy to see rules as restrictive forces in our lives, reducing individual freedom and personal choice.

The Torah is brimming with laws and rules, so it’s a critique one can aim at Judaism with some merit and one that has long been raised by seekers.

There are so many rules, and they stack up fast! Eat this, not that, fast then, do this, you can’t do that, wear this, you can’t wear that. And it goes on and on.

Why can’t we just do whatever we want?

The opening story of Creation about the dawn of humanity centers around the imposition of a rule, don’t eat from this tree, and humanity’s unwillingness to follow the rule – they did it anyway.

There’s a plausible reading here where God is cruel and tantalizing, teasing His creatures by pointing at the beautiful tree they are forbidden to enjoy; the language of prohibition and denial is right there, and it identifies God as the maker and enforcer of a system with arbitrary rules that humans are destined to fail.

But the story that follows about Noah and the Flood is a story about what happens in a world with no rules – total anarchy where everyone is a barbaric savage who pillages and plunders. In Noah and the Flood, we see a world without rules, which leads to chaos and the collapse of civilization, and the unmaking of the world.

No serious person believes that radical anarchy would be sustainable, a total free-for-all where Darwinian principles of survival of the fittest govern the day. Doing anything you want isn’t a utopian dream; it’s a dystopian nightmare. Every human society at all times in all places has understood that humans need rules and norms; ancient and primitive societies had rules and norms we might object to, but they had rules and norms just the same. The existence of rules and norms is a foundation of human society – no one gets to do whatever they want.

Rules form boundaries that enable and facilitate safe human relations by asserting how to interact, preventing infringement on others or abuse or depletion of a thing. Rules are a basic civic requirement.

Beyond the philosophical, this extends to the essential nature of reality; our universe is a universe of rules, built and run according to rules, the laws of physics that govern energy and matter.

The religious aspect of doing whatever we want is based on the notion that observant Jews are missing out. Sure, there are many things observant Jews can’t do or enjoy – bacon, cheeseburgers, lobster, and pepperoni are allegedly some of the big ones.

Yet the Midrash teaches that it is wrong to believe that the Creator denies or prohibits us from the joys of life in any way. Rather, the Torah asks us just to regulate our instincts and stop them from running wild in order to maintain balance in our lives, from greed, hunger, and revenge, to tribal loyalty and sexuality.

Humans break when overindulged – people everywhere abuse and hurt, cheat and steal, get obese and sick, and tirelessly waste years of life on sexual pursuits. These negative impacts aren’t the product of liberty; they’re different forms of addiction and brokenness.

Like all cultures and societies, the Torah has lots of rules. And like all cultures and societies, some make more sense than others.

But like all rules and laws, they keep us safe and stop us from getting out of control. They help regulate our enjoyment of life; they enable everything else.

The laws of sexuality regulate that family relationships are inappropriate if combined with sexuality.

The laws of Shabbos are endless; you learn something new every time you learn the laws of Shabbos. But the existence of Shabbos changes and elevates how we experience time – it’s not Saturday, a day off work, it’s Shabbos! Moreover, Shabbos has kept generations of families and Jewish communities eating, singing, and praying together for life.

The Torah permits a carnivorous diet, which could reasonably be construed as unethical; it asks us to limit our diet to animals with certain features that must be slaughtered humanely. If the Creator is the gatekeeper of Creation, it’s not obvious that we should be able to eat living creatures at all! But otherwise, the Torah allows us to enjoy the vast majority of human cuisine prepared in accordance with our culture.

What’s more, when taken together, the rules of kosher keep the Jewish People distinct and separate from the world. They elevate the most basic instinct to consume into a religious act, saturated with meaning and purpose. As the Chasam Sofer notes, the kosher laws open with what Jews can eat, the permission, not the prohibition.

As the Meshech Chochma notes, the Creation story isn’t about a negative restriction on a tree; it’s about a positive command to eat literally everything else in Creation and fill the world with people, broad and permissive, perhaps even indulgent and hedonistic, with one caveat.

The Creator sanctifies human desire with the very first command – the directive to eat and procreate suggests that even our most basic instincts serve God’s purposes. Although there’s a caveat, even several, the Torah’s claim is that God is the gatekeeper of that permission; that’s what “Creator” means. If we accept the premise of a Creator, why would we feel entitled to the entire universe?

Beyond the aspect of a legal obligation, the fact that Jews observe a rule or practice makes it a cultural norm, unspoken but socially agreed on, and therefore sanctified by the collective consciousness of all Jewish People.

The Torah has lots of rules and laws. But those laws come from the Creator of Genesis; the God who creates life, loves life, commands life to thrive, and wants that life to love and enjoy.

We do this thing, we don’t do that thing. No one gets to do whatever they want, that’s not how the world works. We live in societies built on the rule of law, in a rule-based universe.

Rules aren’t so terrible.

Sacred Space

6 minute read
Intermediate

If you ask people what the defining traits of religion are, holiness will be on most people’s lists. 

Holiness is a shorthand code word everyone recognizes, and we sagely and solemnly nod our heads. Yes, yes, holiness, of course!

But what is holiness? 

We sometimes think of holiness as something we do on our own. Withdrawing from the world, from the joys and vices of life, fasting, going into the woods, or perhaps profound meditations on lofty metaphysics, retreating deep into the recesses of the mind.

There may be substance to some or even all of those things, but that’s not how the Torah talks about holiness.

The Torah talks about withdrawing in part and designating times and spaces; the Hebrew word for holiness means to designate or separate – קדושה.

But a critical element is missing from the word’s everyday use. Most appearances of holiness throughout the Torah describe it as a function of plurality, something we do with others together.

When the Torah asks us to be holy, Rashi notes that the instruction is given to everyone together – דַּבֵּר אֶל־כּל־עֲדַת בְּנֵי־יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם קְדֹשִׁים תִּהְיוּ. Moreover, it follows this instruction with commands to be charitable, fair, and honest in dealing with others. As the Chasam Sofer notes, the Torah’s conception of holiness is one of connection and interdependence, not disconnection and asceticism.

When the time comes to build the Mishkan, everyone must come together for God to be found in their work:

וְעָשׂוּ לִי מִקְדָּשׁ וְשָׁכַנְתִּי בְּתוֹכָם – And let them make Me a sanctuary, that I may dwell among them. (25:8)

Standing at the hallowed Mount Sinai, on the cusp of receiving the Torah, God tells the gathered people their overarching mission:

וְאַתֶּם תִּהְיוּ־לִי מַמְלֶכֶת כֹּהֲנִים וְגוֹי קָדוֹשׁ – You shall be to Me a kingdom of priests, a holy nation… (19:6)

Beyond the Torah explicitly speaking about holiness as a function of togetherness – תִּהְיוּ / וְעָשׂוּ – our Sages emphasize the central importance of the Jewish People coming together at Har Sinai – וַיִּחַן־שָׁם יִשְׂרָאֵל נֶגֶד הָהָר / כאיש אחד בלב אחד.

Almost all sacred gatherings require a group, from prayers and sacrifices to reading the Torah and weddings – כל דבר שבקדושה לא יהא פחות מעשרה.

So why is holiness so tightly linked to togetherness?

In the Torah’s formative story of the emergency of humanity, it describes the first man’s existential aloneness as bad – לֹא־טוֹב הֱיוֹת הָאָדָם לְבַדּוֹ. Being alone and doing things alone is terrible; being together and doing things together is good.

Our prophets and sages talk about the soul as the thing that animates our consciousness, the part of you that makes you uniquely you, and they speak of soul fragments directly connected to God – חלק אלוק ממעל. 

But when we come together, we become whole, which is why holiness is linked with connection – כנסת ישראל.

R’ Jonathan Sacks suggests that if the Creation story is about the space God makes for us, the Mishkan narrative is about the space we make for God. Noting that the Torah spends a lot more time discussing the Mishkan than Creation, R’ Sacks teaches that the Torah is far more interested in what we do for God than what God does for us.

Far more esoterically, Chassidus speaks of tzimtzum, the space or vacuum God separates from God’s fullness so that existence can have an independent existence and reality. But maybe when we build a Mishkan, a separate return space, we form our own inverse or parallel tzimtzum, which we can only do in our enhanced state of togetherness.

In the external world, it starts with individuals, human to human. The Torah has its fair share of lofty arcane things, but a full half of the Ten Commandments are grounded in interpersonal regulations – בין אדם לחברו. It’s not enough to love humanity in the abstract; you have to love people in particular – your annoying neighbor and the guy who never stops talking.

Among the most misunderstood laws are the mitzvos about sanctifying and profaning God’s name – וְלֹא תְחַלְּלוּ אֶת־שֵׁם קדְשִׁי וְנִקְדַּשְׁתִּי בְּתוֹךְ בְּנֵי יִשְׂרָאֵל. But in the context of holiness as something we do together, they make perfect sense – בְּתוֹךְ בְּנֵי יִשְׂרָאֵל. If holiness is related to togetherness, our public actions either draw people in or alienate them.

The Chemdas Dovid explains that while an individual is like a string, a group is more like a rope, far stronger than the individual components alone, which is to say that togetherness generates something greater than the sum of its parts.

While the Mishkan project had an open call for donations of all kinds of things that were wonderful and welcome, the core donation to the Mishkan project was a simple half-shekel and was required of everyone – הֶעָשִׁיר לֹא־יַרְבֶּה וְהַדַּל לֹא יַמְעִיט מִמַּחֲצִית הַשָּׁקֶל לָתֵת אֶת־תְּרוּמַת ה’ לְכַפֵּר עַל־נַפְשֹׁתֵיכֶם.

While the Torah predates the notion of corporations or public companies, it seems thematically similar. Every person was invested in the Mishkan, or perhaps better; everyone was a contributor and owner of that holiness, which could be precisely what made it holy in the first place.

There is undoubtedly an aspect of generosity that we need to welcome and celebrate – כל המרבה הרי זה משובח. But it can often feel like we miss the everyman who can’t quite swing a high roller donation.

The unit of the mandatory universal contribution to the Mishkan was a half shekel, not a whole shekel, and most or all of the measurements in the Mishkan ended in half cubits, reflecting the same core theme that your contribution can only ever take you halfway. The Mishna in Pirkei Avos teaches that it is not for us to complete the work, but neither are we free to desist, with the obvious conclusion that we count on others by necessity – לא עליך המלאכה לגמור, ולא אתה בן חורין ליבטל ממנה

We ought to remember the Mishkan project that indicates smaller nominal contributions are just as valuable as everyone else’s. Everyone gives the whole of what they should, rich or poor. You give a fraction, and not only does it count, but it’s enough, and that’s all we need. More than how much you give, it matters that you participate.

This isn’t cutesy moralizing – the half-shekel contributions were melted down to form the sockets that connected the base of each wall segment. The part everyone gave together formed no less than the foundation of the entire Mishkan.

We’re better off through what we do together, for, and with others. The Gemara says that collecting the half shekel from everyone elevated and uplifted them –  כִּי תִשָּׂא אֶת-רֹאשׁ בְּנֵי-יִשְׂרָאֵל, לִפְקֻדֵיהֶם, וְנָתְנוּ אִישׁ כֹּפֶר נַפְשׁוֹ. Avos d’Rabi Nosson notes how valuable human contribution is; God is everywhere, but we can manifest the divine presence a little more palpably by coming together to make something for God. The Midrash goes so far as to suggest that God is most pleased by what we do down here, as exhibited by God leaving Heaven behind to be a little closer to us – דירה בתחתונים.

It is almost natural that the thing we build when everyone comes together is the holiest thing there is. As R’ Shamshon Raphael Hirsch notes, it follows that it is the physical and spiritual center of our lives, which the entire camp is built around, the site we aim our prayers, and the place we come closest to the divine.

Moreover, it follows why our sages attribute the destruction of the Beis HaMikdash to animosity and hatred; disputes and internal strife led to division, and without togetherness, it only followed that sanctity would disappear as well. The Ohr Pnei Moshe notes that the inverse is true as well; for Moshe to inaugurate the Mishkan, he must bring all the people together – וַיַּקְהֵל מֹשֶׁה אֶת־כּל־עֲדַת בְּנֵי יִשְׂרָאֵל.

The Torah commands the commission of each utensil in the Mishkan in the second person singular, but not the Aron, which it commands in the plural – ועשית / ועשו. The Alshich notes that the Torah is not like monarchy or priesthood, which fall to specific individuals; the call to Torah is open-ended and universally accessible – it beckons to all of us, to you.

R’ Menachem Mendel of Vorki notes that if holiness is something that everyone has to do, it has to be according to the capabilities and circumstances of every individual. There can be no one-size-fits-all; as the Kotzker famously put it, God doesn’t need more angels.

The Chafetz Chaim teaches that the Torah is everyone’s to take up, even if our stakes look different; a bit more of this, a bit less of that. You might be a scholar, maybe you offer financial support, or perhaps you help tidy up your shul a little. Everybody counts, and everybody’s contribution is counted. 

We are not designed to be alone; we cannot exist alone. We need each other, and it’s not weakness; it’s our greatest strength. Where you find togetherness, you’ll find wholeness and holiness; and we must yearn for it perpetually – בָּרְכֵנוּ אָבִינוּ כֻּלָּנוּ כְּאֶחָד בְּאוֹר פָּנֶיךָ.

But don’t just yearn for it; work for it too. Find somebody to mentor, find an interesting local community project or charity to support, or get involved with, in whatever way, big or small. 

Your participation doesn’t just make a difference; it makes it better.

Face the Facts

3 minute read
Straightforward

When something big and life-changing happens, you might think it’s obvious that you notice and act accordingly. But that’s only sometimes the case.

As far as significant and life-changing happenings go, the Revelation at Sinai should be up there. God came down to Earth to give humans the Torah! We might expect the beginning of humanity’s journey with the Torah to be full of eager excitement, perhaps at least a somber sense of purpose and responsibility. But that’s not what happens.

The first excursion away from Sinai winds up in catastrophe; the people bitterly complain about their miserable life in the desert. They seem to have forgotten all about the genocide and slavery; this is a fine example of the slave mentality they could never seem to shake. They fondly reminisce about the good old days of Egypt, when they enjoyed abundant fish, cucumbers, garlic, onion, leeks, and juicy melons. Now they’re stuck eating manna from Heaven, fed daily by no less than God Himself, but after experiencing the culinary delights Egypt had to offer, this was bland and boring. They clamor for more enjoyable food and demand some tasty meat, and subsequently, a plague ensues with many casualties.

While the story unfolds in its way, Rashi suggests that it was the manner of their departure from Sinai that cultivated their craving for meat:

וַיִּסְעוּ מֵהַר ה’ דֶּרֶךְ שְׁלֹשֶׁת יָמִים – They marched from the mountain of God a distance of three days…. (10:33)

Our Sages compare their attitude to a child running out of school; they couldn’t wait to put God’s mountain behind them, figuratively and literally. What if God imposed even more laws?! As the Ramban notes, it’s not just they traveled a physical distance; it’s that they traveled away mentally and spiritually from the mountain, and all it meant – ‘וַיִּסְעוּ מֵהַר ה.

The Chasam Sofer notes that the causation must work both ways; if a poor attitude had fueled their craving for meat, then intuitively, the inverse lesson must be true too, that if they had solemnly carried the Torah and lived up to their responsibilities, then they never could have contemplated that God’s cuisine was lousy!

But instead, they ran from destiny.

Rather than act like people who had witnessed Sinai, they acted like people who had not, simple folk with simple wants and needs, because who doesn’t enjoy a good steak now and then?

But as the story shows, that shouldn’t be what satisfies us; that shouldn’t be the thing we crave and desire first and foremost. Did they want fresh meat because that’s just what humans like, or was it the result of their unwillingness to face the fact of Sinai and rise to its challenge? They might have believed the former, but our Sages believe the latter.

Our Sages labeled their mentality as childish; a child lacks the discipline, experience, maturity, and wisdom to do the hard things they need to but don’t want to. A child is not yet ready to grapple with life’s challenges.

Only they weren’t children.

While we can knowingly sigh at such an obvious error, the Torah is a mirror that tells us who we are, that God can speak to humans, and we will run away. Destiny can call, with the highest and most sacred purpose the universe has to offer, and we will procrastinate with all kinds of creative escapism, avoiding responsibility by indulging ourselves with trivial nonsense.

Consider for a moment what you might be avoiding, failing to recognize, or running away from. At its core, avoidance is an emotion management problem. That feeling you get when there is something you keep kicking down the road? That’s a signal.

Something big happened to them, and they ignored it and tried to leave it behind. But life comes at you one way or another, so you’ve got to take it all with you and incorporate it into your being. The stakes are too high – we can’t afford to be childish, and we can’t run from who we are.

There are many big and scary things we must do, and we must cultivate the maturity to rise to the challenge.

As Kierkegaard said, face the facts of being what you are, for that is what changes what you are.

Chaotic Good

4 minute read
Straightforward

The Book of Esther opens with a long prologue, introducing a detailed and vivid snapshot of life in the mighty Persian Empire.

It tells us about a six-month festival, culminating in a seven-day feast for noble aristocrats and foreign diplomats at the royal palace. The story includes a long exposition on the materials of the columns, couches, cups, decanters, drapes, food, and pavements. We learn that the king drunkenly summons the queen to present herself in front of all his guests, but she refuses. Insulted by her refusal and on the advice of his entire cabinet, he orders her execution.

The story then goes into lengthy detail about the meticulous search process for a suitable replacement and how the royal retainers train the potential candidates in etiquette and protocol before establishing that Esther’s beauty and grace win universal admiration, and she is named queen.

This differs from the typical structure of the stories we are familiar with. Consider that the Exodus, our most consequential story, is very short on introductory detail – a few terse sentences about the rise of a new Pharaoh who didn’t know Yosef or his family, how the new Pharaoh gradually subjugated and enslaved his Jewish subjects; and how a man from the house of Levi had a son, who would grow up to be Moshe, their savior. The backstory is set briefly, allowing the main story to take center stage and unfold. The Book of Esther takes a while to get going.

Why does the Book of Esther have such a long and drawn-out prologue?

The main story abstract is familiar to us; there was an existential threat, so the Jews turned to God for help, crying, fasting, and praying, and God ultimately listens to their pleas for salvation – שֶׁבְּכָל דּוֹר וָדוֹר עוֹמְדִים עָלֵינוּ לְכַלּוֹתֵנוּ וְהַקָּדוֹשׁ בָּרוּךְ הוּא מַצִּילֵנוּ מִיָּדָם.

The Chasam Sofer suggests that what makes this particular version different is precisely the long prologue.

This story marks a paradigm shift – the end of an age of miracles and prophecy. The Creator does not appear in this story, and His guiding hand is only apparent to us readers. But while we can easily recognize God’s hand influencing the story’s main events, we can also spot it in the long prologue, how before the main story has even begun, God’s hand arranges all the disparate pieces for the endgame.

We should recognize that the festival and party the story opens with were a national victory celebration of conquest and victory; the Persian Empire had conquered Israel and exiled the Jews, many of whom attended this party! While we might reasonably expect God to have some compassion for contrite Jews desperately praying to be saved, could we reasonably expect that God would be pleased with Jews joining the celebration of their downfall and the loss of the Holy Land? And yet, this story tells us that God was watching in those moments too long before the Jews turned to Him and before the threat rose, before any semblance of story structure had yet to unfold.

Our sages identify Haman with Amalek, the eternal foe whose primary weapon is chance and chaos. Haman attempted to co-opt chaos by using a lottery, a game of chance, to identify an auspicious day for genocide.

But not only did the lottery fail, but the chaos Haman attempted to weaponize was also his undoing – Mordechai broke the law and refused to bow, and Esther broke protocol when she went to the king with no summons; both articulations of chaotic good. One of the story’s key themes is that chaos and chance are forces within God’s ambit and purview.

It’s actually one of very first things we know about God, from the very dawn of creation; that God exists amid a formless void and then organizes chaotic void into the order of creation – וְהָאָרֶץ הָיְתָה תֹהוּ וָבֹהוּ וְחֹשֶׁךְ עַל־פְּנֵי תְהוֹם וְרוּחַ אֱלֹקים מְרַחֶפֶת עַל־פְּנֵי הַמָּיִם.

Haman’s mistake is the heresy of Amalek; the observation that the world looks coincidental and random is not wrong, but the conclusion is. Things can look a certain way, but things aren’t all they appear. We express this theme with the custom of dressing up.

The Ishbitzer suggests that this also underlies the custom of drinking to intoxication on Purim to the point we can’t distinguish between Haman and Mordechai. By letting go of knowledge as an empirical process, we abandon any semblance of order or structure and embrace chaos; we know from the Purim story that before anything and everything, not only can we find God in the chaos, but that chaos has served God’s purposes all along – there is simply no way it could ever pose a threat.

The Creator is hidden in the story; Mordechai has no cause to believe in a happy ending. And yet the readers can follow the trail of breadcrumbs every step of the way.

The stories contained in the Torah and prophets are passed down to us because generation after generation decided that they had eternal relevance; the Book of Esther captures a mood that is real in the story and real for us. For we who have never seen prophets or prophecy, these books are all we have to hold onto. The Book of Esther tells us that the breadcrumbs in that story are also present in our lives, even if our stories appear chaotic and disorganized.

If Purim was an event that happened through a natural course of events, then the same force that existed for them persists and is transferable. It can and does reveal itself repeatedly; in the fullness of time, chaos produces nothing but order.

The lesson the Book of Esther has to teach us is in the details of the long prologue – the chance and the trivial are all in play for God’s masterplan; us knowing readers get to recognize how all the stars aligned to set the story up for its ending long before the story had even begun. God may appear distant, but the breadcrumbs are there if we’re looking.

But, as we learn from the long prologue, the breadcrumbs are there even when we’re looking away.

Who Watches the Watchman?

6 minute read
Straightforward

The Torah details many laws that help regulate society. As with any legal system, the Torah anticipates that sometimes people will fail, break the law, and what to do about it.

But sometimes, it’s already too late. Some crimes go unsolved in what is called a cold case, when there are no leads, no suspects, and no witnesses, which is particularly dangerous for the obvious reason that the perpetrator remains at large and unidentified.

The Torah describes such an example. 

In the event an unidentified body is discovered in an unpopulated area, the Torah commands a specific and highly bizarre ritual, where the elders and leaders of the closest city take a calf to a nearby river or stream, break its neck, and make a public proclamation they didn’t kill this innocent person:

וְעָנוּ, וְאָמְרוּ:  יָדֵינוּ, לֹא שָׁפְכוּ אֶת-הַדָּם הַזֶּה, וְעֵינֵינוּ, לֹא רָאוּ. כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל אֲשֶׁר-פָּדִיתָ, ה, וְאַל-תִּתֵּן דָּם נָקִי, בְּקֶרֶב עַמְּךָ יִשְׂרָאֵל; וְנִכַּפֵּר לָהֶם, הַדָּם.  וְאַתָּה, תְּבַעֵר הַדָּם הַנָּקִי–מִקִּרְבֶּךָ:  כִּי-תַעֲשֶׂה הַיָּשָׁר, בְּעֵינֵי ה – They shall speak and say “Our hands did not shed this blood, and our eyes were blind. Hashem, forgive Israel, Your people, and do not tolerate innocent blood to remain among Israel, your people,” and the blood shall be forgiven. Purge yourself of the guilt of innocent blood, and do what is right and proper in the eyes of God. (21:7-9)

Beyond the specifics of the ritual that require their own explanation, it’s quite something for the Torah to require the elders, sages, and leaders to say they weren’t the killers. 

Would anyone seriously suspect that they were?

Rashi explains the proclamation to mean that they didn’t know there was a traveler and therefore were not complicit in the murder by letting them travel in a dangerous area alone. The Sforno similarly explains that they must affirm that they didn’t knowingly permit a murderer to roam free.

The Chasam Sofer takes a very different approach, observing that it is straightforward to say the murder was not their fault, but they don’t get to say that. In this reading, the ceremony is not a declaration of innocence; but a public statement of collective responsibility and guilt, a confession and acknowledgment that the crime happened on their watch.

Or in other words, there is no question of why the Torah summons the elders and sages and leaders to answer for the quiet mystery death of an innocent; it’s the answer. 

“Our hands didn’t kill this person; we didn’t hold the knife, or the gun, or give them the pills. But that’s as far as we can go in disclaiming responsibility. Because we weren’t looking, we weren’t paying the close attention this person deserved and needed, so the criminal – and the victim – slipped right through our fingers.”

When the Torah describes the Mishkan construction process, it presents an exhaustive account of each donation because the leaders were publicly accountable for each contribution; and that’s just for finances! As the Lubavitcher Rebbe said, people are not dollars.

If you are surprised the Torah requires leaders to account for human life, then, like the sages who perform the ritual, you haven’t been paying attention.

In the section detailing the rituals for sacrificial atonement, the Torah talks about leaders who make mistakes:

אֲשֶׁר נָשִׂיא יֶחֱטָא וְעָשָׂה אַחַת מִכּל־מִצְות ה אֱלֹקיו אֲשֶׁר לֹא־תֵעָשֶׂינָה בִּשְׁגָגָה וְאָשֵׁם – When a leader incurs guilt by doing unwittingly any of the things which God commanded not to do, and he realizes his guilt… (4:22)

The Torah plainly and unambiguously talks about when, and not if, leaders make mistakes because avoiding mistakes in power is impossible; we need to stop pretending otherwise because denying errors compounds them and makes things worse. Very few people expect a society without any wrongdoing, but corruption and impotence in dealing with misconduct are highly destructive; the cover-up is always worse than the crime.

When politics demands a lie, but people demand the truth, you get corruption. Leaders that face painful truths are not just morally preferable; they save lives. Wilfully blind leaders playing make-believe about real problems in our community alienate and disillusion people who care, weakening their ties to a community that won’t show care and concern to the people who need it! We can’t afford to tolerate leaders who fixate on maintaining the illusion of infallible perfection and divine knowledge. We will never correct our community’s mistakes so long as we deny them and don’t confront them. While we can’t reasonably expect perfect leaders, we can reasonably expect perfectly compassionate and honest leaders who will do what is right and proper.

On Yom Kippur, the great Day of Atonement, the Kohen Gadol’s first atonement ritual is a personal confession for himself and his family, publicly owning his mistakes.

Every year before Tisha b’Av, we publicly read Isaiah’s explicit rage against corrupt leadership and broken institutions that don’t protect the vulnerable – רַחֲצוּ הִזַּכּוּ הָסִירוּ רֹעַ מַעַלְלֵיכֶם מִנֶּגֶד עֵינָי חִדְלוּ הָרֵעַ׃ לִמְדוּ הֵיטֵב דִּרְשׁוּ מִשְׁפָּט אַשְּׁרוּ חָמוֹץ שִׁפְטוּ יָתוֹם רִיבוּ אַלְמָנָה… שָׂרַיִךְ סוֹרְרִים וְחַבְרֵי גַּנָּבִים כֻּלּוֹ אֹהֵב שֹׁחַד וְרֹדֵף שַׁלְמֹנִים יָתוֹם לֹא יִשְׁפֹּטוּ וְרִיב אַלְמָנָה לֹא־יָבוֹא אֲלֵיהֶם.

The Ibn Ezra explains that the Torah is suggesting that when something terrible happens in a community, that community has some introspection and soul searching to do. In fact, this is the Rambam’s universal guidance on how to respond to tragedy; bad things happen in a climate and environment, and we can identify the factors that make them more likely to occur in a given context and change them.

We don’t often have to deal with murders in our community, but the Torah doesn’t explicitly talk about murder at all – כִּי־יִמָּצֵא חָלָל בָּאֲדָמָה… נֹפֵל בַּשָּׂדֶה לֹא נוֹדַע מִי הִכָּהוּ.

R’ Aaron Lopiansky teaches that we must not mistakenly classify sexual abuse as a sin or misdemeanor. It is no exaggeration to say that sexual abuse is a matter of life and death, among the most severe crimes a human can commit, right alongside murder, which ties back into the severity of the sage’s confession over an unidentified body.

If a survivor of abuse commits suicide, who really killed them?

R’ Aharon Lichtenstein warns against resorting to the no-true-Scotsman fallacy – “he wasn’t really one of us!” We don’t get to disclaim wrongdoers after the fact when they fit in seamlessly alongside the best and brightest our community has to offer until being found out. We have to be willing to ask the difficult question of what allowed them to hurt vulnerable people yet blend right in with us.

There are good reasons why victims are scared to report crimes in our community, and if you want to sleep well at night, make sure you’re not one of them. People who have experienced abuse and trauma are not damaged goods, not pitiful, stained misfits who deserve your deepest sympathies. It’s not their fault. You need to believe them, and you need to believe in them. The abuser’s best friend is the Sefer Chofetz Chaim; they rely on and exploit the fact that their victim will remain silent.

You can be very sure there are victimized and vulnerable people in your circles. If you don’t know of any offhand, you ought to wonder why no one trusts you enough to share that with you. It starts with not turning away or keeping silent when people misguidedly or maliciously defend abusers; victims must know in their bones that you are with them all the way, otherwise you are complicit.

The Torah uses emotion extremely sparingly, so we ought to sit up and notice when it does. The way the Torah uses the imagery of spilled innocent blood to demand the sages publicly beg forgiveness is particularly powerful; the Torah has no tolerance for unanswered crimes, where the victim dies alone and invisible – וְאַל-תִּתֵּן דָּם נָקִי, בְּקֶרֶב עַמְּךָ יִשְׂרָאֵל; וְנִכַּפֵּר לָהֶם, הַדָּם.  וְאַתָּה, תְּבַעֵר הַדָּם .הַנָּקִי–מִקִּרְבֶּךָ.

Every time one of our institutions acts to protect a victimizer instead of the victim, we fail that test.

On Shabbos, Jewish communities worldwide for generations have said a prayer for the victims with a particularly stirring line:

כִּי־דֹרֵשׁ דָּמִים אוֹתָם זָכָר לֹא־שָׁכַח צַעֲקַת עֲנָוִים – For He does not ignore the cry of the distressed; He who requites bloodshed is mindful of them.

The Torah plainly and unambiguously demands that leaders take extreme ownership and recognize the systemic failures that lead to an innocent person’s untimely death, with a ritual of collective responsibility for contributory negligence, that they did not meet their duties of care to the standards the victim required.

Today, purging ourselves from the guilt of innocent blood and doing what is right and proper in the eyes of God means allegations should be taken seriously and thoroughly, and impartially investigated. We do what is right and proper by upholding the rule of law, applying the law evenly, without fear or favor, even if the accused is someone we care about and look up to. Call the police, and report the abuse. Make sure the authorities know and make sure competent mental health professionals are involved. If there’s the slightest hint of impropriety or wrongdoing, the institution must reorganize.

The Torah’s consistent vision of our society is that we stand up for each other, and most especially for those who cannot stand up for themselves. Systemic failures in our entire communal framework allow such things to happen, and the Torah calls on the leaders of that framework to account for bad things that happen on their watch.

“We didn’t see! We didn’t know!” These excuses don’t cut it when your head is in the sand and you didn’t do anything last time around. The errors and omissions for things we weren’t paying attention to are still sins that require rectification on Rosh Hashana and Yom Kippur – שוגג / על חטא שחטאנו ביודעים ובלא יודעים.

If good people don’t enforce what is right and proper against abusers and criminals because we’re afraid of backlash or negative attention, then the abusers and criminals win by default because no one bothered to stop them.

It’s not the mayor, Rosh Yeshiva, or local rabbi who must perform the ritual; it’s all of them, which is to say that no one gets to say it’s not their fault. We are responsible for both our actions and inactions.

Who watches the watchers? All of us – שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן־לְךָ בְּכל־שְׁעָרֶיךָ.

The only thing necessary for the triumph of evil is for good people to do nothing. We deserve leaders who protect the people who need it most, and we ought to demand that; if we can’t disempower bad leaders, we need new institutions and leadership.

Leaders are responsible for their communities, but communities are responsible for who they will follow.

Taanis Asara B’Teves

2 minute read
Straightforward

To recap history; the fast of Asara b’Teves marks the beginning of the final siege of Jerusalem. On 17 Tamuz the walls were breached; and on 9 Av, the Temple was sacked and destroyed.

Asara b’Teves has a quirk to it in Halacha. The BeHaG, a late Rishon, ruled that the fast on the tenth if Teves is observed on Shabbos, and Friday too. This never occurs with our fixed calendar, but with the fluctuating calendar it could. The same is not true of any other fast, barring Yom Kippur – what is markedly different about Asara b’Teves that it could be observed in Shabbos?

A story is told of a sad old gentleman, one Shabbos afternoon in the city of Psyszcha. Noticing his despondency, R’ Simcha Bunim ambled over to him, and told him that sadness has no place on Shabbos. “Rosh Chodesh and Yom Kippur, Shabbos steps aside. But not for Tisha b’Av!”

Sadness has no place on Shabbos – so again, why does Asara b’Teves have the capacity to override regular Shabbos observance?

The Shulchan Aruch records the law that for certain types of bad dreams, a person can and should fast (if they are bothered by what they saw). Such a fast can be observed even on Shabbos, also overriding regular Shabbos observance. The reason for this is that for such a person, addressing his concerns and fears is his only way of having a peaceful Shabbos.

Dealing with such matters that require resolution is not sadness, and makes perfect sense.

There is a Gemara that states that if a generation fails to see the Temple rebuilt in their days, it is considered to have been destroyed in their days. The Chasam Sofer says that Halachically, the evaluation is very simple; if the Temple existed at that moment, would it continue to? If it is not built yet, it is because it would not last in such an environment.

The last time this evaluation generated a different outcome was Asara b’Teves – the generation failed and the siege began, setting into motion a chain of events. This lends an extra function beyond that of stirring a person to Teshuva, like a regular fast.

It then emerges why it overrides regular Shabbos observance; like the bad dream, the looming cloud disturbs and threatens us. It is a din Torah, a court case. It overrides Shabbos because it is detrimental to our Oneg Shabbos – our concern should be for its construction, may it come quickly.