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Rabbi Barry Leff Digest
Number 54  Date 091203 

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Topics in this digest:
Ki Tetze 5763

        This week’s Torah portion, Ki Tetze, contains a lot of laws.  So many laws, in fact, you might be tempted to ask, “what do we need all these laws for.”  The simple answer of course is that we need laws to tell us what we can and can’t do.  And there are different approaches to this question of what we can and can’t do.  As the old joke goes, in Holland, it's permitted unless it's specifically forbidden.  In Germany, it's forbidden unless it's specifically permitted.  And in Italy or  France: It's permitted, especially if it's forbidden.

        I’m a relatively new resident of Canada.  I recently realized that I had no idea what were the fundamental laws, what was in the Constitution, of the nation where I now make my home.  I figured I should correct that oversight, and while these words may be very familiar to most of you here, I want to share the opening of Canada’s Constitution—or at least the Constitution Act of 1982—with you this morning.

      “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

       

      The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

      2.    Everyone has the following fundamental freedoms:

      (a)  freedom of conscience and religion; 

      (b)  freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; 

      (c)  freedom of peaceful assembly; and 

      (d)  freedom of association.”

The Constitution then goes on to spell out in some detail the following rights:  Democratic rights, Mobility rights, Legal rights, and Equality rights.

        Canadians have the right to elect their government, the right to come and go to or from Canada and between provinces as they wish.  Canadians have a lot of legal rights, first and foremost among them: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”  Every Canadian has the right to be treated equally before the law, “without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

        Reading the opening of the Canadian Constitution, it becomes apparent, that like the US Constitution that I’m more familiar with, the fundamental laws of the country are focused on rights.  In the language of the joke, Canada is like Holland--it is permitted unless it is specifically forbidden.  You can do what you want as long as you don’t infringe on someone else’s rights to do what they want.  The Law basically exists to provide our rights with those necessary protections and limits.

        The Jewish Constitution, the Torah, reads a lot differently.  Let’s take a look at some of the laws that we have in this week’s Torah portion.  We have laws relating to giving charity, as in Deut. 24:19: “when you reap your harvest in your field, and you forget a bundle in the field, you shall not go back to take it; it shall be for the convert, the orphan, and the widow, so that the Lord, your God, will bless you in all your handiwork.”  Does this law talk about anyone’s rights?  Rather, it talks about the responsibility that a farmer has toward people who are less fortunate than he is.

        This week’s parsha opens with a law—the opening verses tell us when you go out to war and take captive a woman “of beautiful form,” and desire her, and want to marry her, you have to treat her a certain way—allowing her to mourn for being uprooted from her home and parents.  If you change your mind and don’t want her, you may not sell her for money or put her to menial work, because you have afflicted her.  Does this law speak about anyone’s rights?  You could say it’s about the rights of the woman to be treated with dignity, but that’s not how the Torah phrases it—the Torah phrases it as the responsibilities of the more powerful party.

        In Biblical times, not only were captives put into slavery, but even a Jew could sell himself into slavery if he fell onto sufficiently bad times.  However, the Talmud in Kiddushin 20a cautions us that “whoever buys a Hebrew slave is like buying a master for himself.”  The slave owner had so many responsibilities toward the slave, it was like being enslaved yourself.

        We have another commandment in this week’s parsha which tells us that if you see the ox or lamb of your brother (a fellow “citizen,” another Jew) wandering around, you shall surely return it to him.  Furthermore, if you don’t know whose ox it is, you’ll bring it to your home and take care of it until someone shows up asking for it!  This is not only not about someone’s rights—it’s giving you a HUGE responsibility if something just gets dropped into your lap.  You can’t just go turn it into the police or something.  You personally have to spend the money to feed this ox until the owner comes looking for it!

        These few examples highlight a fundamental difference between Jewish law and secular law.  Secular law is focused on your rights.  Your right to live where and how you want to live, your right to representation, your right to be treated a certain way by the law.  The purpose of the rights in secular law is to protect your freedoms.  The highest good in the secular legal system is your freedom to do what you want to do, and that freedom will only be constrained where necessary to protect other people’s freedoms to live the way they want to live.

        Jewish law is much different.  Yes, we have some laws which seem to be focused on protecting rights, or at least protecting other people’s rights—like do not murder, do not steal.  But the bulk of the legal system is not concerned with rights.  The Torah doesn’t really care about your “rights.”  The Torah is much more concerned with your responsibilities.  Your responsibility to treat other people with kindness and respect.  Your responsibility to take care of those who are less fortunate than you are.  Your responsibility to do certain things for God.

        So what’s the difference?  The difference is that rights alone will not build a society worth living in.  Rights alone will not make you a mensch.  To have a society that is just, that is compassionate, that is caring, requires elevating responsibilities above rights.  And by the way, despite the focus in the Constitution on rights, in many ways Canada does a better job of accepting responsibility for others than does the US.  The Torah, however, pushes us to go even farther, by setting the foundation of the system not on our rights, but rather on our responsibilities.

        We are now in the month of Elul, the time for taking stock, for cheshbon hanefesh, an accounting of the soul.  As you look at your actions of the past year, and consider what forms of teshuva, of corrective action you need to take, it’s not enough to look at those acts that infringed on someone else’s rights.  Rather you have to take a look at the responsibilities the Torah charges us with, and consider whether you really have fulfilled your responsibilities as a Jew—your responsibility to be a mensch.  When God came to Cain looking for Abel, Cain asked “Am I my brother’s keeper?”  God’s unspoken answer—the answer of our tradition—is a resounding “Yes!”

Shabbat Shalom

It is a great mitzvah to serve God with great joy, always...R. Nachman of Breslov

Rabbi Barry Leff
Beth Tikvah Congregation
9711 Geal Road
Richmond, BC  V7E 1R4

phone: (604) 271-6262
fax: (604) 271-6270
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email: rebbarry@yeladim.org

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