Mishpatim and the Modern State

Ra'anan
Ra’Anan

In Parashat Mishpatim, we move from the heights of Sinai and the grand laws given by God to Moses to the granular details of civil law. The shift teaches that a righteous society is built not on abstract ideals but on the daily, impartial application of the Rule of Law.

Mishpatim introduces three pillars essential to our current struggles:

  • Resistance to Tribalism: Exodus 23:2 warns, “You shall not follow the multitude (the mighty) to do evil.” In an era of “mob justice,” strongman tactics, and polarized echo chambers, this mandate requires that truth must supersede the pressures of the crowd.
  • Absolute Impartiality: The text prohibits favoring the wealthy or the poor in judgment. Legitimacy and order collapse when the law is seen as a tool for the powerful or a shield for the ideologically aligned. The blindfolded Lady Justice proclaims that all should be treated equally under the law.
  • Protection of the Vulnerable: By repeatedly centering the “stranger,” the Torah insists that legal structures are only as strong as the protections they afford the marginalized. A society’s greatness is defined by how it protects its most vulnerable.

Our institutions are threatened as society’s trust in them erodes. Mishpatim reminds us that an orderly society is a deliberate choice, one that requires our involvement and confidence. Our future as a nation and world leader depends on upholding a system in which the rule of law anchors us against the storms of political passion

Shabbat Shalom

Bruce Springsteen’s Minneapolis is a battle cry for us to uphold the values we hold dear, the rule of law, the constitutional rights each of us is entitled to, and the dignity and respect for all people.

As we enter Shabbat, we pray for each other and vow to fight for our precious values.  We must be better than this.

Shabbat Shalom

Thoughts on the Tu B’Shvat

I write this, it is Groundhog Day and Tu B’Shvat!

The American Sage, Punxsutawney Phil, has predicted another 6 weeks of winter. It is incredible where we get our news!

More importantly, I would argue that this is the 15th day of the month of Shvat, Tu b’Shvat. This day marks the beginning of the new year for trees.

It is about the rebirth that will come from life that has gone dormant during the winter within the greater cycle of the year. We could not have a more apt metaphor for what is happening in our lives. The brutal and violent transgressions of the Federal Government through ICE and the Border Patrol, as well as the multiple assaults on human dignity and respect, seem to have seeded the birth of a popular uprising against these violations of our rights.

As spring approaches, the trees will blossom, and warmth will fill the air. But the rededication to our ideals requires us to act. Our tradition teaches that we are partners with God in the ongoing work of creation. Now is our time to commit to this sacred task. We must each ask ourselves what we are able or willing to do, and get to work.

In the harshest, coldest, and darkest times, hope arises that something better is coming. The Jewish tradition and the founding principles of our country require us, in the words of Abraham Lincoln, to work to ensure “a government of the people, by the people and for the people shall not perish from the face of the earth.”

Wishing you a happy Tu b’Shvat.

Rabbi David

Does the kippah on my head place a target on my back?

With the increasing violence in public spaces, maybe the answer is yes. What should I do about it? I could cower; many people have said they remove their Jewish symbols, like a Chai or Magen David, because they fear being targeted.

I have been wearing a kippah for many years, and since the war started, I wear a kippah with the Israeli flag and the words “Am Yisrael Chai” stenciled inside. I am proud to show who I am and what I stand for. But does it come with any risks?

My kippah has actually been an invitation for people from all walks of life to approach me. At a Costco, on a turnpike rest stop, or while walking on the street, people offer words of encouragement and support. Most people are decent folks. Most are not looking to harm others; they are living their lives and caring for their loved ones, just as I strive to do.

We must not allow acts of violence from uncontrolled radicals to control us. Those responsible for protecting us face a significant challenge, and a system based on freedom rather than repression often leaves them a step behind in safeguarding our rights and safety. They require additional support to perform this vital work. We can help.

We need to get out, gather, socialize, and connect with others. We don’t have to agree, but we must show we care. We need each other. The hateful rhetoric shouldn’t be fought with more hate, but by reaching out, creating, and living in the society we believe in.

My kippah is a symbol and a call to the people I meet that our humanity continues to thrive. That is the kind of target I strive to be.

 

And Our Flag Was Still There…

This weekend marked two important, deeply related yet profoundly different events: a Military Parade at the Washington Mall and a No Kings protest across the country.

Democracy endures. Many were deeply moved to celebrate the 250th anniversary of the Army. Most Americans are genuinely proud of our country and the Army, which has fought to keep us free since before the nation was established. They are patriots who eagerly watched the troops march and the extraordinary weaponry that has upheld our status as the leader of the world.

The No Kings marches were equally patriotic. Our right to assemble and peacefully protest against our government was clearly demonstrated in over 2,000 locations across the United States. Thousands opposing the current administration gathered to express their grievances.

This should be encouraging for all of us. Both things can be true at the same time. We celebrate and protest, and both are deeply patriotic expressions of commitment and love for this nation. Many are concerned that our rights to free speech are under attack. This past weekend shows us that we still have our voices. Dissent may be under assault, but it will not be taken away.

The challenge is to find ways to advance an agenda and, importantly, recognize that even when we disagree profoundly on so many issues, there must be a way to communicate with one another. We need to identify civil means of expressing our grievances and refrain from resorting to violence. The tragedy in Minnesota seems to be the act of a lone wolf. However, that is not reassuring. There appears to be an ever-increasing number of lone wolves willing to take matters into their own hands through violence.  We must reject that.

We are a nation of laws. We do not murder those we oppose politically. We fight our battles in the streets through peaceful protest, in the courts, and at the ballot box.

This past weekend demonstrates that our fundamental principles as a free people under the rule of law endure. As in the Star-Spangled Banner from the War of 1812, our flag remains. We must not fail her.

Lean In

I am reeling from the attacks on my fellow Jews here in the United States. I struggle to understand the apparent fight against anti-Semitism by targeting institutions like Harvard, which seems to provoke a backlash. It appears that Jew-hatred has been normalized enough for these miscreants to heed the words that sanction violent acts. Recent horrific attacks on Jews leave us wondering if we are safe. What should we do?

LEAN IN

I take pride in my heritage, the values of my tradition, and the prophetic call to make the world a better place. I connect with people who share my beliefs, and I also reach out to those who do not. I stand up for what I believe and engage in conversation with others.

I will proudly defend my identity, including that of an American who upholds the aspirations of our founding documents and the struggle for equality, justice, and liberty.

Now is not the time to cower in fear but to realize that many others are like me, seeking a safe and secure world for our children, believing in something greater than myself, and understanding that the “other” is not a threat; they are just someone I have yet to know. It can be scary and difficult to do.

I attend my synagogue.  If you haven’t done so recently, now is a great time to find community.  And there are so many causes that demand our attention, for our charge is to make the world a better place.  It is more important than ever to fulfill our mission.  There is strength in numbers, and besides our Jewish community, we have many allies.

I am a Jew; I am an American.  I fight for the causes I believe in because they are righteous and good.  Join me and Lean In.

Miranda wasn’t a hero What his case represented was heroic

Have you informed him of his Miranda Rights?

It’s deeply embedded in our understanding of the system.

“You have the right to remain silent; anything you say can and will be used against you…” Many of us can even repeat the words quoted at every arrest and in every cop show we watch on TV.

Miranda was somewhat of a lowlife.  He confessed to rape, but that conviction was overturned because the Supreme Court determined his confession was improper.  Miranda was tried without his confession and subsequently convicted.

Protection from self-incrimination is regarded as a fundamental right under our principle of innocent until proven guilty. This right is enshrined in the 5th Amendment, which explicitly safeguards individuals against self-incrimination.  Additional protections also exist, including the right to counsel and due process as established in the 6th and 14th Amendments, respectively. It is the responsibility of the government to prove guilt, not the obligation of the defendant to prove innocence. This distinction makes our system unique and enviable.

We are willing to let a guilty person go free rather than wrongfully convict an innocent individual. This means that sometimes bad guys “get away with it” because we want to protect the innocent. The system is flawed and abused. However, this sets us apart from many other legal systems and is the envy of the free world, limiting the government’s power from steamrolling over whoever it decides to target.  These rights were denied to Abrego Garcia when he was abruptly taken to a maximum-security prison in El Salvador.

It is not that Abrego Garcia is a good guy or a bad guy. He has never had access to the protections our system offers. Bring him back into the legal system for proper adjudication. Present the evidence, make the arguments, and let the chips fall where they may. We cannot risk the implications of denying Abrego Garcia his rights; we could only ask, Who’s Next?

Let’s call out the Nazis–That isn’t Elon Musk.

We need to pause and take a breath.

With Donald Trump entering the second day of his term, many of us are beside ourselves with worry that modern democratic civilization is ending. We have many causes for alarm, but Elon Musk’s emotional gesture at a Trump victory lap rally inauguration event isn’t one.  Remember his jumping exuberantly on the stage – it might be just that again.

As a teacher of mine once remarked, “If you are a hammer, then everything appears to be a nail.” We do ourselves and our values a great disservice if we interpret everything as an attack. This is a call for calm. Many political battles will be fought over the direction and policies of this country. However, we will become exhausted if we treat everything as a cause for alarm, and we will lose credibility when the time for serious debates arises.

No, Elon Musk didn’t offer a Nazi Salute.

 

What Does God Look Like?

The manger scene of the Baby Jesus swaddled in a Keffiyeh has created much commotion and attention.  Even though the Vatican has removed the display, the consciousness-raising alone means that the image has had the intended effect.

We are talking front and center through religion about the plight of the Palestinian people.

This is not the first time someone has reinterpreted something for their own purpose.  I have seen many iterations of Jesus: white, very white, swarthy, black.  Many religions that have Jesus at the center of their theology have him displayed realistically on the cross, his body cradled in his mother’s arms, lovingly gazing down upon us in a portrait or looking upwards in an icon. As a babe in mother’s arms, as a man spreading the Word, at a bountiful supper, and as a martyr.  And now swaddled in a keffiyeh.  We use religious symbols to motivate the audience toward a vision or narrative.  This is frequently for good and exemplary purposes and too often for malicious purposes.

The charge that this current manger display is Antisemitic is a particular, not universally shared Jewish perspective.  Some deliberately embrace that evil message.   I am sure that was not the intent of the Pope or the Church.  And if the manger is allowed to be a message of hatred, it will have failed miserably in its mission.

Raising awareness of the plight of the Palestinians is important.  Christmas is an essential Christian symbol of God’s love and our hope.  Peace on Earth and Goodwill towards men is the universal message of the extraordinary celebration.

Can this awareness-raising symbol be channeled into constructive forces to promote the welfare of the Palestinian people, who have been victimized for too long? It is time for the people of goodwill to lay down their arms and reach out across the divide to each other.  May love supplant the hatred that has kept both sides at war for too long.  May the promise of Christmas resound in that troubled place of Jesus’ birth so that two people learn to live together in peace and security.

Merry Christmas!

What do you want? Clarity is critical.

What do you want? Clarity is critical.

There are many messages in the Campus protests; which is yours?  Divestiture, Ceasefire, rebuilding Gaza, developing a Palestinian State, or something else? What about peace?

The message of peace and the coexistence of two peoples will carry the day.

Without articulating what you stand for and what you do not, you are lumped into the “everything” category, which includes antisemitism and the elimination of Israel.

Israel is here to stay.  That is an indisputable fact.  If you refuse to accept this reality, you essentially oppose a peaceful resolution of the Israel-Palestine issue. The region’s people must find a way to live together, for neither is going away.

Building trust and a willingness to accept the other’s presence and narrative must occur on both sides for Palestinians and Israelis. This will take time and effort- lots of each.

This pragmatic politics is problematic for idealogues to embrace. But if peace is the end goal, the ability to live in relative safety and security, this realpolitik must dominate the day. Otherwise, the people will continue to suffer and die.  And our tradition says, choose life.

Don’t Squander the moment.  The campuses have our attention.  They can be places where truth is spoken to power, not merely a place to advocate reductionist ideologies, where critical moral issues are advanced, recognizing the dignity of all people in the region.   Seize the moment.