“Elu v’elu’ are the words of the living God

(I had intended to write an entirely different essay on my interpretation of the sugyah in Sanhedrin dealing with the stubborn and rebellious son. But as I was scrambling to finish this article before Shavuot, I suddenly came up with what follows.  I will reserve the first idea for next post.)

tikun

For those of you who don’t read Hebrew, the headline reads: Shavuot Night Learning The captions are (right to left, top to bottom):
1. What my wife thinks I do
2. What my son thinks I do
3. What a traditional Jew thinks I do
4. What a secular Jew thinks I do
5. What I think I do
6. What I really do

Shavuot is a few hours away, and this year I am taking the holiday off, which means rather than teaching all night I am free to wander the city and enjoy what other people are teaching.  I last did this 2 years ago, which gave me the opportunity to attend a lecture by the late Professor David Hartman. I don’t remember the title, but I do remember him discussing ‘אלו ואלו’ (‘elu v’elu’) from tractate Eduyot – the bat kol  or divine voice declaring ‘These and these are the words of the living God’ – that is, the opinions of both the schools of Hillel & Shammai are right, even though they disagree with each other.

Ever since I began teaching, I’ve been entertained by the idea that two opposite opinions can not only co-exist, but that each is inherently true. I even ran across a commentary quoting Rav Ovadiah Yosef that Moshe received the commandments from Sinai with 49 reasons to do it one way and 49 reasons to do it the opposite way. It’s up to subsequent generations to choose which is right.   (49, of course, is the number of days between Passover & Shavuot, but that’s a discussion for another time)

This helps me understand the significance of what the bat kol meant.  It wasn’t only talking about Hillel and Shammai. It’s telling us that ‘elu v’elu’, themselves, are the actual words of the living God.  It’s not merely that all approaches lead to living Torah, but Torah can only be kept alive through confronting and ultimately embracing the opposite opinion.  This is the heart of Torah shebe’al peh, the process through which it lives, catalyzed at the very point of contention.

Tonight I will drop into a local pluralistic beit midrash to learn with them.  I then plan to attend a traditional shiur at the local Orthodox synagogue.   Around Jerusalem, and in other cities, people will be participating in tikunim in synagogues and yeshivot, on street corners and in museums, in private homes and open spaces.  Some will approach learning from a feminist perspective, some will see it from al male oriented point of view.   Some will be reading Amichai or looking for Jewish values in artwork and song.  It will be an all-night celebration of ‘elu v’elu’ where everyone participating will be keeping Torah alive through the dynamics of engagement and discussion, of exchanging ideas even if we don’t share the same opinions.

May we all be able to keep the ‘elu v’elu’ going long after the tikun is over.

Chag same’ach.

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In Tribute to Dr. C. Everett Koop (Oct.14, 1916 – Feb. 25, 2013)

Dr. C. Everett  Koop

Dr. C. Everett Koop

I remember this story from my days as a rabbi in Philadelphia when Dr. Koop was chief of surgery at Children’s Hospital.  This story introduced me to the man who was to later become the Surgeon General. He impressed me so much with his sensitivity and professionalism.  All the eulogies I have read today reinforce that feeling, and there is much more information on Wikipedia ( http://en.wikipedia.org/wiki/C._Everett_Koop). 

What follows, however, is what I will remember.    

(Click on the headline below to read the story which originally appeared in the Philadelphia Inquirer)


Siamese Twins
The Surgery: An Agonizing Choice – Parents, Doctors, Rabbis In Dilemma

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Halakhic Innovation

I know this is a bit off-topic, but this article from today’s Haaretz is relevant to the general theme of my series on the evolution of the oral law.

It raises a question we raised since our first class in September:  what is the next stage in the evolution of Oral law?

You can find the article here at http://tinyurl.com/d27s9nh (If you want to receive the file in the mail, write me at sslivko@gmail.com)

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Going…going…where? Goodbye to Prophecy

We know that between the last of the prophets and the beginning of the Mishnah, Judaism underwent a major change.  Avot describes this period in just a sentence or two.  The Rambam takes several paragraphs to explain it.  But nobody really understands what happened or how it happened or who, in fact was responsible for it happening.  All we know is, by the time of the Mishnah, we had a Judaism that was decidedly different than the Judaism of the prophets.

It was text-based Judaism, a religion of ritual and practice, distinguished by its reliance on interpretation of text and dependence on precedent.  This doesn’t mean that there were no innovations, but greater care was taken to attribute them to a text or individual who was prominent in the ‘chain of tradition.”.

This was a Judaism of Torah, and the early stages of the ‘Canonization of Process” of Torah She’be’al Peh.

Without getting into too much of the minutia, this transition seems to have been engineered (perhaps not deliberately, but certainly in fact) by the council of 120 leaders created to oversee the return to Judea & rebuilding of the Jewish community worldwide – The Anshei Knesset Hagedolah – The men of the Great Assembly.

A number of scholars have tried to pinpoint who these 120 people were and when they operated.  They could have been in power for  one session or a generation, or several.  From the Mishnah we learn  they existed between the era pf the prophets and the sages.  This, however, does not really explains what they did.  The sages of the Mishnah attributed a number of innovations to the group:  prayer structure, canonization of the Torah She’bikhtav (including fixing the definitive number of letters, verses, etc)  plus laws designed to establish a second commonwealth and create ties between Judea & the Diaspora.What’s most strange to me is not only the sages’ acceptance of the Anshei Knesset Hagedolah as undisputed fact (despite there being no objective evidence) but their silence on its fate — how it went from 120 to 1 – Shimon Hatzadik – in the age of Alexander the Great.Connected to this mystery is a question asked by a colleague of mine here.  What about the Kohanim (priests)?  Aren’t they supposed to be the heirs to Moshe’s Torah according to the passage in Devarim (Deuteronomy)?

ח “כי יפלא ממך דבר למשפט בין דם לדם בין דין לדין ובין נגע לנגע דברי ריבת בשעריך וקמת ועלית אל המקום אשר יבחר יהוה אלהיך בו טובאת אל הכהנים הלוים ואל השפט אשר יהיה בימים ההם ודרשת והגידו לך את דבר המשפט י ועשית על פי הדבר אשר יגידו לך מן המקום ההוא אשר יבחר ה’ ושמרת לעשות ככל אשר יורוך”

8” If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, even matters of controversy within thy gates; then shalt thou arise, and get thee up unto the place which the LORD thy God shall choose.  9 And thou shall come unto the priests the Levites, and unto the judge that shall be in those days; and thou shalt inquire; and they shall declare unto thee the sentence of judgment. 10 And thou shalt do according to the tenor of the sentence, which they shall declare unto thee from that place which the LORD shall choose; and thou shalt observe to do according to all that they shall teach thee.”

There could be a number of possibilities as to the fate of that council:

  • The Anshei Knesset Hagedolah was a one-time assembly convened in the time of Ezra and saying Shimon Hatzadik was a member of the last generation is only legend
  • The Anshei Knesset Hagedolah never existed
  • The Anshei Knesset Hagedolah did exist for the duration from Ezra to the time of Alexander the Great but their work was outside of the public eye since their focus was on religious law and takkanot
  • The Anshei Knesset Hagedolah did exist at some time between the age of  Ezra & the time of Alexander the Great
  • There were takkanot which the sages  attributed to the  Anshei Knesset Hagedolah  even though they did not exist
  • The Anshei Knesset Hagedolah was a council based on the temple mount
  • The Anshei Knesset Hagedolah actually were Kohanim, or included Kohanim.     Shimon Hatzadik may be the last scholar/kohen who personified the ideal of the council.

Most importantly, we have to remember that the Talmud is not a history book.  Generations are shortened or skipped altogether; names are not always listed or sometimes combined or confused.  Without concrete evidence, we can only rely on Talmudic-era anecdotes, what amounts to The Talmudic equivalent of an urban legend.   One thing we can accept as real – from about the time of the end of the Anshei Knesset Hagedolah, a part of Judaism moved away from the prophetic and took a rabbinic/ Pharisaic turn, which became the main stream.

The sages of the Talmud latch onto the reputation of this Anshei Knesset Hagedolah and successive generations of rabbis to reinforce their connection to the early generations of prophets.  In the process, they elevated the importance of Torah scholarship as the foundation for their leadership and downplayed the value of their prophetic connection to God, which they claimed connected them to their spiritual ancestors.   Eventually, this minor ability was ‘replaced” by the ‘bat kol’ – a special pronouncement from God which certain sages could hear as a soft, dove-like voice thanks to their super-sensory perception.  Over time, reverence for prophecy & bat-kol would be considered irrelevant, even disregarded, replaced by regard for the Torah of man.

Next: The Canonization of Process

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Takkanot – The Torah adapts to new realities

The Mishnah marks the culmination of the transition from Prophetic Judaism to Rabbinic Judaism.  The period before that – from the time of Ezra to the establishment of the Anshei Knesset Hagedolah (Men of the Great Assembly) – is the tipping point which takes us there.  The sages themselves believed that the age of prophecy had run its course with the end of the Babylonian exile, and that prophecy was not longer the means of Divine revelation or discourse.  More importantly, they saw in themselves the direct spiritual descendants of that chain of ‘kabbalah’ linking them to God’s revelation at Sinai.

Moshe Received the Torah from Sinai and passed it on to Yehoshua (Avot 1:1)

In the books of Nevi’im (Prophets) , we see how the navi (prophet) acted at times as a domestic adviser gifted with the power of divine knowledge (Shmuel helping Shaul – Saul – find his father’s donkeys) and at times as a religious leader (Shmuel, again, quoting the book of Devarim  – Deuteronomy –   on the rules governing a king) .  To the sages, these dual roles were suited to the navi as a personality spiritually attuned to God and a scholar, conversant with Torah – the laws – and capable of adapting it to his (or her) time through Takkanot – adjustments.

Moshe received the Law from Sinai” is much more to the point than the elaboration in Avot d’Rabbi Natan.  Simply stated:  Moshe was there to get the law.  He received it (from God) and proceeded to teach it to his students, beginning the chain of transmission from God to the generation of the Mishnah.

Once we accept this ‘evolution’ this as historic fact, we can then begin to understand what the Mishnah is and the tradition it reflects.  The tradition is the conclusion of generations of accumulated takkanot which appear in the Mishnah as binding laws from early on (Torah she’be’eal peh) but which had no mention in the Torah she’bikhtav.    Some were given to Moshe which he transmitted to Yehoshua.  Some were innovations Yehoshua himself added.  Others came from later prophets and leaders.  All were part of the oral tradition ‘halakhah le’Moshe mi’Sinai ‘– laws given to Moshe from Sinai – that is, inferred from the written law by rules passed down from Moshe to his disciples.   This is what the Rambam – Maimonides refers to when he writes the history of transmission of Torah from generation to generation.  (See attachment)

It’s the ‘hardware’ (the text) & the ‘programs’ (mitzvoth) and the ‘software’ (how to program the Torah to adapt it to successive generations)  that goes from Sinai in a direct line to the time of the Mishnah, and ultimately our time.

The sages said the first generation of takkanot came when the Jews invaded and settled Canaan.  Some takkanot they attribute to Yehoshua deal with civil and social law, adapting the Torah written in outline form for a Bedouin society to a  new ‘urban’ reality.   These are logical inferences.  Other “Yehoshu-ic” traditions of a religious nature, or religious traditions attributed to other figures in Nevi’im, are harder to prove, though some are explict, like Ezra’s takkanah to read Torah during the week.    Additional post-biblical adaptations are attributed to the Anshei Knesset Hagedolah, whose role was to create a post-prophetic Judaism which would unify Judaism for the Judean and Diaspora communities.

Legends and stories from the midrash and other sources back the sages’ interpretation of history.  They  also show that the sages had an almost scientific understanding of Torah she’be’eal peh’s evolution.   The Torah she’bikhtav is the starting point for us as a nation and it is also the starting point of other traditions and beliefs.    It was (and is!)  Torah she’be’eal peh which distinguished us from the others  because it preserves the spiritual essence of what was written and goes  beyond it, creating a common culture and way of life that brings us  together no matter how far apart we are.

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From God’s Mouth? Introduction to a New Course

Recently, I began studying the development of Torah Shebe’al peh with my students in Jerusalem.  The course is entitled From God’s Mouth? — The Evolution of The Oral Law  and it meets at the Fuchsberg Center Wednesday mornings.   Our goal is to trace the evolution of halakhah from what I call the ‘process of canonization’ (mitzvot, minhagim, takanot & gezerot — more on those terms as the course develops) to the ‘canonization of process’ — how generations of scholars decided what was the legitimate approach to Halakhic derivation and codification (‘Midrash, Mishna, Gemara, Sifrei halakhah & responsa’) to create an unbroken link between Sinai and our day.

It’s  something I’ve been meaning to do for years.

Some students asked me ‘how long will this course be?’ and my answer is ‘I don’t know.’ I may bow to the academic calendar or continue this until it’s played out.  I may write a book, I may just leave the material and have someone else write it.  (Not that there haven’t been some wonderful books written already, like Hirsch-Weiss’ Dor Dor ve’dorshov or Orbach’s Hahalakhah — Mekorotehah ve’Hitpathutah’).   I am recording our classes (and believe me, there is nothing so painful as seeing yourself lecturing  in front of a group) but at least this way I have a record of what we say so that I can prepare pod casts for the future (which I am doing now and will tell you more about later).

I believe that we have gone through two major shifts since Sinai: the first being the canonization of the Torah and closing the book on Torah shebikhtav (written law); the second being the canonization of process, when generations of scholars decided what kinds derivations would be acceptable ways to determine Torah Shebe’al peh.  

I believe a third shift is imminent.

The day is short and the work is long. But I hope at then end of day (or work),  we will have added something to the understanding of where it all began and, possibly, have a better idea of where it could eventually lead.

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Why Madonna didn’t show up to my Shavuot shiur (and what she missed: Part 2)

Part 2:  Hunting Elephants with Tag Clouds 

The first elephant I wanted to catch was actually a pretty easy target: What did other mitzvot did people feel should be added to the list?  Teaching my son(s) Frisbee was my personal favorite (it is a healthy sport!), but I was sure other people had different, possibly better ideas.   So I included the question on the survey and received a wide variety of answers.    Of course, as with all open ended questions, it was too hard to just put on an excel sheet, so I decided I would capture this particular pachyderm with a tag cloud.

For those of you who do not know what a tag cloud, here’s a brief explanation.  A tag cloud is a graphic display of of text which uses relative size to rank the importance of words, much the same way Egyptian art pictured the Pharoah as much bigger than his  subjects.  I took all the answers and categorized them, fed them into a tag cloud maker and got the following graphic:


 Midot
, that is, moral behavior, was the clear winner.   It included suggestions that ranged from “respect other people” to “be a mentsch” and few other choice examples.  Of course, I feel that this was inherent in teaching Torah — like Hillel told the impatient man “That which you hate, do not do to your friend – this is the entire Torah, the rest is commentary.  Now go and learn.”

If a father isn’t  teaching that to his son, he’s just not teaching Torah.  I won’t get into analysis, here, but let’s just say I am very happy people put midot at the top of the list as an integral part of our legacy to our kids.

With the next set of questions though, my elephant hunt really went underway.  Where were the mothers and daughters?  How did we manage to leave them out of the list all these years? And how would we reframe the list now?

The first question in the set was: What should fathers teach their daughters?  The answers were as follows:
The most common answer (given by both men and women) was that fathers have the same obligations to their daughters as to their sons.  Some people took one or more of the items from the list and made them the key responsibility  (teaching Torah, teaching a trade).  Others added new responsibilities reflecting contemporary life skills.

The second question was: What should mothers teach their daughters?  The answers here were:
Here Torah was the most common answer, with “Same as sons” in second place (just the opposite of set of answers to the previous question.)  But also showing up on the list — though not as frequently — were ‘Parenting,’ ‘Self-Respect.’   and less often, ‘Self-Defense’ and ‘Understanding Men.’

Finally, I asked the big question.  If the list were expanded to include mothers (much more common in today’s world):  What are the mothers’ obligations to their sons?  Here are the answers:

On the one hand, the popular response was the same obligations as the father.  But neck-in-neck to that was housework, followed by  ‘Torah,’ ‘Derekh-Eretz’ and ‘Respecting-your-Wife.’

One interesting point is that the idea of respect for husband/wife showed up more prominently in the list of  the mother’s obligations, not fathers.  In teh father’s new list, the closest was teaching daughters to understand men.

I leave the interpretations up to you.

The End of the Hunt

I began with the idea that the list in Kiddushin was not complete, and from the survey responses I received, so did everyone else.  I was also curious as to how including women in the list would change it.  But could the responses be acceptable to an observant Jew like me?  Was I setting myself – and anyone else – up?  We saw the list change over time but could it change so much that we could add women to it?

I believe the answer is yes.

In Kiddushin, the list is meant to show the difference between those who are commanded to observe a mitzvah and those who are not.   The guiding principle is: one who observes because he is following God’s commandment is greater than on who observes because he feels like it.  A commonly held interpretation is that one who is commanded gets a reward, and one who isn’t commanded doesn’t    illustrated by the sages’ story of Dama ben Netinah, a non-Jew who is handsomely rewarded for honoring his father.  If one who  is not specifically obligated  to observe  is rewarded, the sages go on to say, how much more so would one be rewarded when he is  obligated!

But like the list he principle itself  has evolved.

In its earliest incarnation, it became a reason for excluding those who do the mitzvah without being oblgated.  Unfortunately, elements of that interpretation still remain to this day.  Later, it developed into an attitude of tolerance:”No, it’s not a mitzvah for you, but if you do it, well, we won’t necessarily stop you.”

For me it was always psychology.  One who observes out of personal desire or ‘me-too’ism may stop observing when the attraction fades.  One who observes because s/he  is commanded, however,  will do it because s/he has to.  Based on that that I came up with a new interpretation (which I gratefully discovered later was actually a teshuvah)

This interpretation says that when you take upon yourself a mitzvah as a mitzvah, then you are as obligated as if you, yourself, were commanded.  And today, we live in a time when men and women equally take upon themselves the commitment of participating in the community and society then for everyone the mitzvah of raising a child is an obligation – a mitzvah.  Therefore, there are no real exclusions from who is responsible for these basic parenting requirements.  Today, men and women are equally obligated to teach their sons and daughters those skills that are on the evolving list.

It’s a Man’s World.  Not!

The conclusion –we are all obligated to teach all our children what they need to know to stay safe, to succeed and to live Jewish lives. Fathers and mothers share this responsibility equally,  whichever way they can.   And even if it does take a village to raise a child, the mitzvah is for the parent(s)  – man and/or woman.

Although our sages wrote this list in their time, they wrote it for all time, but like Talmud itself, it was not meant to be left alone.  It was a starting point.  In every generation we need to examine it anew and reframe it to accomplish the same ends they intended in ways relevant to us for our time.

That’s the Talmudic way.


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