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Rabbi Barry Leff Digest
Number 129  Date 092905

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Topics in this digest:  Ki Tetze 5765
Rabbi Barry Leff


Congregation B’nai Israel

Can you imagine what it would have been like to have been living in New Orleans on Saturday, August 27, anxiously watching the news that Hurricane Katrina was picking up steam and heading your way?

One of the newer internet phenomena is the “blog,” a contraction for “web log.” Many people of an older generation tend to think of their journal or diary as one of their most intensely personal possessions—they don’t share it with anyone, often not even their spouse. Well, welcome to the internet age—younger people nowadays often post their journals on line for everyone to read. If you go to the internet and search on “New Orleans blog” you can find some fascinating first hand stories of what it was like.

One blogger named Craig wrote the following on that Saturday morning:
“Original plan: lunch with friends in the Quarter today, then head to Baton Rouge for a food show tonight. Decide about hurricane stuff on Sunday.

New plan: Wait to see what Mayor "Everybody Loves" C. Raymond Nagin says about evacuations. This will be about noon. If he says go, our French Quarter lunch is still on. There might be more drinking than otherwise, since a trip to Baton Rouge would be a wasted enterprise. Evacuation means I-10 will go contraflow and we wouldn't be able to get back.”

I love that New Orleans spirit—the storm is coming, and the big question is what does it do to the lunch plans. And the calculation that they’d have to skip Baton Rouge, because they wouldn’t be able to get back home to New Orleans.

Imagine looking around your house—looking at all your most precious possessions, your pictures, your mementos, art work, furniture, your computers, and having to decide whether to leave, having to decide what you should take with you? Imagine waking up on Sunday morning, August 28, watching the TV, and seeing your mayor tell everyone to get out of town—the city is being evacuated.

Another blogger, Chris, described the decision to leave like this:
“Alright, in a rare display of common sense, the old lady and I, along with the whiskey, are moving to higher ground. The National Hurricane Center's forecast track hasn't changed in 24 hours; usually a pretty good indication that it's going to do exactly what they say it will. And now Katrina's a pretty intimidating category 4, 145 mph winds, and the hurricane center has even amused the thought of it strengthening to category 5. In short, this is no longer something that I'm comfortable joking about.

We live in a one story single shotgun in Mid City, we don't have storm shutters, elevation is 1.5 feet below sea level, and there's not a room in the place without windows.. hardly a safe shelter in a category 4 or 5 storm. At this point I'm going to be pleasantly surprised if we return to find it in livable condition.”

Imagine that feeling as you lock the door of your house, get into your car, and leave, not expecting to find your home in livable condition when you come back.

Homelessness has been a problem in America for some time. But a few weeks ago it became much worse, literally overnight, when hundreds of thousands of people were rendered homeless by Hurricane Katrina.

The stories we have heard have been heartbreaking. Parents have been separated from children. Mentally incompetent people have been shipped off to far away locations with no one keeping track of who was sent where.
40 residents of a nursing home died because they were abandoned by the owners and staff as the floodwaters approached. Can you imagine the horror those poor people must have felt, sitting in their wheelchairs as the water rose, no one answering their cries for help, no way to get to higher ground, or even to the roof of the building?

And as if the natural disaster wasn’t bad enough for about five days after the levee broke New Orleans became like something out of a bad “B”
movie—lawlessness, looting, bodies abandoned in the street. People all over the world watched the TV and said in disbelief, “this is the most powerful nation on the planet?”

This week’s Torah portion, Ki Tetze, contains a lot of different rules and regulations, a lot of different laws. But as I was reading this week’s parsha I was struck by two laws that are directly relevant to the situation at hand. By the measure of one of them, we as a society have failed miserably. By the measure of the other, the jury is yet out.

Deuteronomy chapter 22 verse 8 commands us: ki tivneh bayit chadash, “When you build a new house, then you shall make a ma’akeh, a parapet for your roof, that you should not bring any blood upon your house, if any man falls from there.”

In the days of the Bible, they didn’t have central air conditioning. The houses had flat roofs. During the hot summers, in the evening people would go sit up on their roofs where they could catch a little breeze and cool off. Some people in Israel still do this today. But the homeowner was responsible for the safety of his guests—you had to build a railing so people wouldn’t fall off the roof.

Just like in American law—if you have something hazardous at your home, and someone gets injured, you could be sued for negligence. This mitzvah is not just a rule about architecture—rather it points us to an important principle. If you build something, you have to build it right, with safety in mind. And the rule applies not just to the person who originally built the structure, but to any owner; and it applies not just to the roof of your house.

As Rambam (Maimonides) wrote in Mishneh Torah: Both the roof and any other object of potential danger, by which it is likely that a person could be fatally injured, require that the owner take action... just as the Torah commands us to make a fence on the roof. ... and so, too, regarding any obstacle which could cause mortal danger, one has a positive commandment to remove it, to guard it, and to be very careful with it, as it says “take heed to yourself and guard your soul diligently,” and if one does not remove it but leaves those obstacles constituting potential danger, one transgresses a positive commandment and negates a negative commandment "Thou shall not spill blood" (Hilchot Rotzeach 11:4).

Rambam’s phrasing tells us that the responsibility to protect against a danger falls on anyone in a position to do something about it, not just the one who is technically the owner of the object in question.

The responsible authorities failed miserably when it comes to following the guidance of this commandment. The levee between New Orleans and Lake Pontchartrain was a known hazard. None of the authorities involved was terribly surprised that the levee gave way. They’ve been warning about it for years.

When things were falling apart in New Orleans, we read a lot of people
blaming others: The President blamed the governor, the governor blamed
the mayor, the mayor blamed the Feds and around it goes. Lately, in a refreshing twist, there has been some accepting responsibility: Earlier this week President Bush said "To the extent that the federal government didn't fully do its job right, I take responsibility." Louisiana Governor Kathleen Blanco said "At the state level, we must take a careful look at what went wrong and make sure it never happens again. The buck stops here, and as your governor, I take full responsibility." Mayor Nagin said “I think now we are out of nuclear crisis mode, it seems as though myself, the governor and president have done some retrospection as far as what we could have done better, and ultimately we're all accountable at the level of local state and federal government."

But what does it mean to “take responsibility?” Will any of them resign in shame because they did an inadequate job? Saying they will do something differently in the future does not help those who have suffered.
Has anyone involved done real teshuva, real repentance for the monumental failures?

I respectfully suggest that the fact the levee broke in the first place was a major failure on the part of the Federal government. Back in 1995 a flood killed six people in Louisiana. Recognizing that the system of levees was vulnerable, and that local government did not have the resources to fix it, the Federal government stepped in with the Southeast Louisiana Urban Flood Control Project, or SELA.

According to a leading New Orleans newspaper, over the next 10 years, the Army Corps of Engineers, tasked with carrying out SELA, spent $430 million on shoring up levees and building pumping stations, with $50 million in local aid. But at least $250 million in crucial projects remained, even as hurricane activity in the Atlantic Basin increased dramatically and the levees surrounding New Orleans continued to subside.

Yet after 2003, the flow of federal dollars toward SELA dropped to a trickle. The Corps never tried to hide the fact that the spending pressures of the war in Iraq, as well as homeland security -- coming at the same time as federal tax cuts -- was the reason for the strain. At least nine articles in the Times-Picayune from 2004 and 2005 specifically cite the cost of Iraq as a reason for the lack of hurricane- and flood-control dollars.

Newhouse News Service, in an article posted late Tuesday night at The Times-Picayune Web site, reported: "No one can say they didn't see it coming. ... Now in the wake of one of the worst storms ever, serious questions are being asked about the lack of preparation."

Yes, serious questions SHOULD be raised. But the Federal government is not the only one at fault.

The City of New Orleans has a comprehensive hurricane disaster plan, which can be found online. The only problem is the city and state didn’t follow their own plan. The plan details how they need to identify the at-risk population, have in place transportation and other resources. The Mayor has the authority to order an evacuation. The disaster plan calls for procedures for handling persons with special needs like the physically or mentally disabled.

But the disaster plan didn’t work—it was a disaster itself. They had no plan for how to get people who didn’t own cars out of New Orleans. In a city with one of the highest poverty rates in America—30% of the former residents of New Orleans live below the poverty line—they had no plan for evacuating people who don’t own cars.
The tragic scenes at hospitals, the deaths at nursing homes, show there was no plan for dealing with people with special needs. Despite their own requirement that the local government have one. Mayor Nagin said he assumed if he cried “help” the State and Federal governments would come to his rescue in a day or two. Some plan.

There’s not much we can do about the past except to try and learn from it.
To learn that we, as individuals and a society, must take VERY seriously the injunction from this week’s Torah portion to build a parapet around our roofs, to build a safe society. Even if it costs money to do so.

Looking forward, looking to our response to this awful natural disaster, the Torah charges us with helping. In chapter 22 verse 4 of this week’s parsha we are commanded “You shall not watch your brother’s ass or his ox fall down by the way, and hide yourself from them; hakeim takim imo, you shall surely help him to lift them up again.”

This commandment is not just talking about donkeys and oxen. When someone is in trouble—in today’s world the easiest analogy from an ass or an ox is to a car broken down—you have to help them.

Life is coming back to the Gulf states and New Orleans. Businesses are slowly re-opening, people are trying to put their lives back together. It is up to us to help them. This is process that is not going to be over in a few weeks—it is going to take months and years to rebuild. If you already gave something to help with relief, it wouldn’t hurt to give more—the costs involved are staggering, well over $100 billion. The Conservative synagogue in Metairie, a suburb of New Orleans, suffered extensive damage. They had 5-10” of water in the building, the floors are ruined, they have a problem with mold, and their insurance company informed them that they have no flood insurance. And of course many congregants are now homeless and unemployed. Information on how you can make donations to help the victims of Hurricane Katrina—Jewish and Gentile alike—can be found by the entry to the sanctuary.

Today I wish I could use an overhead projected on Shabbat. There was a great cartoon in yesterday’s newspaper which is very appropriate to the hurricane damage and our personal efforts at self-improvement in this month of Elul leading up to Rosh Hashana.

The nerdy kid in the Foxtrot cartoon is looking at himself in a mirror.
Kid says “Mom and Dad don’t think I should buy a cartoon book with my allowance.” “What?!” the reflection replies. “They think I should donate it to help the hurricane victims.” “The nerve!” “How dare they suggest the needs of people who have had their homes and jobs and lives decimated outweigh your need to giggle for 30 minutes!” “I’m not sure I like what I’m seeing in the mirror.” “Heck, 45 minutes if you read slowly!”
This is the “season of repentance.” It’s the time of year we hold a mirror up to ourselves and look at what we’ve done and how we’re doing.
Do you like what you see in the mirror?

Shabbat Shalom

To view the archives, go to www.neshamah.net


 

 

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