Sinai and Horeb - Traditional Explanations

As noted earlier, the mountain where God appeared to the Children of Israel is called both Sinai and Horeb. As discussed earlier, the Documentary Hypothesis notes that P and J exclusively use Sinai and E and D exclusively used Horeb.

I have not yet been able to find a traditional explanation of the use of these two names. Rashi does not mention anything. The Talmud notes that these names refer to the same mountain, and then notes the derivations of the names:

What is [the meaning of] Mount Sinai? The mountain whereon there descended hostility [sin'ah] toward idolaters. And thus R. Jose son of R. Hanina said: It has five names: [...] Whilst what was its [real] name? Its name was Horeb. Now they disagree with R. Abbahu, For R. Abbahu said: its name was Mount Sinai, and why was it called Mount Horeb? Because desolation [hurbah] to idolaters descended thereon.

(Shab 89a-89b)

Without getting into the merits of this claim, it simply is addressing a different question. Regardless of how the names were derived and what they mean, why is it that one name is used in certain places and another name is used in other places?

If anyone has an explanation from traditional sources, please leave a comment.

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Preparing for Rosh Hashanah and Yom Kippur, Part 2

It ain't magic, ya know.

You simply cannot show up in synagogue on Rosh Hashana and Yom Kippur, mumble a few prayers, and expect to be magically cleansed of your sins. It is not even clear what being "cleansed of your sins" means in that context. To make these holidays meaningful, it takes a little work ahead of time. But fortunately the payoff is large. These holidays represent an ideal opportunity to take stock of our lives, think about what we are doing right and try to continue it during the next year, and think about what we are doing wrong and take steps to correct that during the next year. Part of the great wisdom inherent in the Jewish holidays is that they provide very real, practical, and this-worldly opportunities to make our lives better.

Last year, I posted about how I and others prepared for Rosh Hashana and Yom Kippur. A few commentators made other suggestions. I was speaking to (an Orthodox) friend and colleague the other day, and he graciously shared the interesting way in which he prepares for the holidays.

Each year during Elul (the month before Rosh Hashana) he prepares an outline of all the important areas of his life: family, professional life, friends and relationships, religious, learning, etc. He then password-protects the document and saves it. No one has access to the document, not even his wife. He lists all his specific goals for next year: where he would like to improve, where he would like to continue to do well, what specifically he would like to achieve. In preparing for this, he reviews his outline from the previous year to help him take stock of how he did during the current year.

This is similar to the process I use, but with one huge improvement: it is in writing and can be a lot more detailed. It is easy for him to check on his progress during the year and in fact in subsequent years. But I had not written down my goals, and so I sometimes had a hard time remembering specifically what I wanted to do. And with password protection, it is safe. I am going to follow his lead this year and do the same.

The only thing surprising about his process was that he described himself as being somewhat intense and fanatical about all this. I got the sense from him that few people in his community do this kind of preparation for the holidays. Few people in my Conservative community do this type of preparation either, at least that I know of. But I think we all should do something along these lines. To borrow Tom Lehrer's line (and omit his simile): what we get out of these holidays depends on what we put into them. I am sure that we have all experienced boring and meaningless Rosh Hashana and Yom Kippur services, where we walk out of synagogue and wonder why we went in the first place. Well, a little preparation now solves that problem then.

So let me leave people with two questions, one religious and one sociological:

What if anything do you or people you know do to prepare for the holidays?

How many people in your family or community prepare for the holidays in some serious way?

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Posting update

I'm sorry for the infrequent postings of late. I've been swamped with work, vacation, and home projects. But I'm still here, and I expect to pick up the pace a bit in the next few weeks.

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Consoling the Bereaved

Rabbi Yitchok Adlerstein at Cross-Currents seems to exclusively write thoughtful, interesting, and sensitive posts. (I started reading his Cross-Currents posts about a decade ago in their pre-blog e-mail stage.) He has just written on consoling the bereaved. I do not have anything to add to the substance, other than to note that it is well worth reading.

From my Conservative Jewish perspective, I have long thought that Judaism and contemporary society both influence each other, especially where they differ. For example, some modern values, like egalitarianism, feminism, democracy, empiricism and science, and philosophic free inquiry, present strong challenges to traditional and pre-modern Judaism, and some of these ideas have resulted in important changes to Judaism, especially in the more liberal branches. The converse is true as well. As I discussed in an earlier post on "low hanging fruit", there are some traditional Jewish values and sensibilities that are brilliant and insightful and are manifestly counter-cultural in modern America. The prohibition of gossip, for example, is high on my list. Regardless of denomination (or even lack of denomination), we can benefit from understanding these ideas and incorporating them into our lives.

One of these counter-cultural practices --- as Evanston Jew noted in the comments to that post --- is traditional Jewish practices regarding burial, mourning, and comforting the bereaved. R. Adlerstein's post puts meat on those bones. He offers practical suggestions on what to do and say (and not do and not say) at a funeral, shiva visit, and afterwards. This is an uncomfortable situation for most of us, and traditional ideas are quite helpful. Like all of his posts, this one is worth reading.

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The Daughters of Zelophechad 2 - Legal Theory, Common Law, and Repeated Commands

A commenter Jerry raised an important challenge (here and here)to my interpretation of the Daughters of Zelophechad story (here and here). My argument, in short, is that Moses's final political act was to modify a halachic rule in the name of God, but without consulting God, to promote justice. In doing so, he created a common law system. The story is in Numbers 36:1-12.

Jerry disagrees. He argues, based on Number 36:5 and 6, that Moses did consult God first. The narrative of that consultation is omitted in the text, but it is referred to by Moses. He further argues that this story is shortened because the action speeds up once Moses's death is announced in Number 27:12.

This argument is plausible, but I think my reading is better.

The Torah contains three stories involving a change in the law, and the question I am addressing is what do we make of these stories. A careful look at the three stories shows an interesting change in structure.

The first story involves the second passover (pesach sheni) story in Numbers 9. God issues a command regarding the passover sacrifices. Some people come to Moses with a particular problem. They are ritually unclean (since they just buried a dead person) and cannot offer the sacrifice. (Num. 9:6-7), Moses then consults God and God explicitly responds with a change in the law, namely, that they can celebrate Passover a month later. (Num. 9:8-14). God not only modifies the law for people who are ritually unclean, but also for people who are are on a long trip. Notably, God changes the law without commentary or explanation, but the clear implication is that the old law did not work well, at least for these people in these particular circumstances.

The second story involves the Daughters of Zelophechad. (Num 27.) They come to Moses with a particular problem with the law (Num 27:1-4), and the text explicitly states that that Moses consulted God and God responded with a change in the law. (Num 27:5-6.) Here, God changes the law because the daughters' claim is "just".

The third story involves the men from Manasseh wanting a further modification to the previous law change. They consult Moses and explain the problem. (Num 38:1-4.) But there is no account of Moses consulting God as he did in the two earlier stories. Instead, the next sentence simply says "And Moses commanded the children of Israel on (or about) the word of God." (Num 36:5.) And then, "This is the word (or thing) that the Lord has commanded regarding Zelophechad's daughters." (Num 36:6.)

From a purely halachic point of view, all three stories are unnecessary. The final halachic rule is "Do X, unless Y applies, in which case do Z." The Torah could have simply set forth the rule in that form. (E.g., Celebrate Passover on 14th of Nissan. However, if you are ritually unclean or on a long trip, celebrate it on the 14th of Iyar.) However, the Torah gives us the general rule, a story where this general rule creates a problem, the people effected asking Moses for an exception, Moses consulting God, and God agreeing to the exception. In fact, with the two Daughters of Zelophechad stories, there is a complex final rule involving a limitation to an exception to a rule.

My claim is that the purpose of the stories is to show that halacha is a common law system. It evolves and changes. In the first story (pesach sheni), the problem involves people who are ritually unclean, but God imposes a broader exception (for people who are unclean or on a trip). This shows that exceptions are not always limited to particular cases, but may involve broader categories or similar categories. In the second story (Daughters of Zelophechad), the change is made in the interests of justice. That is, it identifies one particular reason for making a change in the law. And in the third case (men from Manasseh), there is a shift in the source of the change. Rather than the text explicitly stating Moses consulted God and God commanded the change, we have no mention of Moses consulting God and Moses commanding the change himself, albeit stating that it is from God. My claim is that this story teaches that once Moses knew the principles and was old and wise, he himself could modify the law under appropriate circumstances in accordance with these principles. And this change in the law is in fact commanded by God. In other words, this is another example of people acting to bring Godliness into the world, rather than God acting to bring Godliness into the world in a supernatural way.

This is a perfectly reasonable way to run a legal system. English and American common law have worked this way for the better part of a millennium. In fact, I think the halachic system recognizes this explicitly. Not only can leaders impose new laws as "fences", but they can also command that positive Torah mitzvot not be performed (such as the rule prohibiting the explicit Torah mitzvah of hearing the shofar on Rosh Hashana when RH falls on Shabbat).

Jerry notes that the wording in this third story is used elsewhere. The text says "And Moses commanded the children of Israel according to the word of the LORD, saying: 'The tribe of the sons of Joseph speaketh right. This is the thing which the LORD hath commanded concerning the daughters of Zelophehad, saying: ....'" That is, Moses himself notes that God issued these commands. And this form is used elsewhere. For example, "And Moses spoke unto the heads of the tribes of the children of Israel, saying: This is the thing which the LORD hath commanded: . . . ." (Num. 30:2.) In this last example, there is no record of God explicitly saying these things, but presumably God did. So too in Numbers 34, argues Jerry.

This is certainly a plausible reading of the text. But this theory does not explain why the structure of the narrative changed from the earlier two stories (where God was explicitly consulted) to here, where God is not explicitly consulted in the text. And it does not explain what we learn from this story. We already know from the earlier two stories that God can change the law and that God does so when a claim is "just."

Jerry's explanation is that the narrative needs to speed up once Moses's death is announced in Number 27:12. But a single sentence saying that Moses asked God would not drag things out. Note how this is dealt with in the second story: "And Moses brought their cause before the LORD. And the LORD spoke unto Moses, saying: . . . ." That doesn't really slow down the action a lot. And of course we have the entire book of Deuteronomy before Moses finally dies, and the action comes to a complete stop during that book.

Moreover, Numbers 28 (the chapter immediately after Moses's future death is announced) contains a long speech by God. Jerry notes this and argues that it is a "follow up" to the same commands in Exodus. True, but that makes matters worse. If the text is trying to speed up, it makes no sense to include repetitive mitzvot and add extra text involving God speaking.

But strictly speaking, Jerry's reading is plausible. There is enough in the text, consistent with other areas of the Torah, to support the reading that Moses did consult God here. And my reading is plausible as well. There is an odd change in the structure of these stories that is only explained by the idea that Moses did not explicitly consult God but made the change himself based on divine principles. And my theory ties in with a broader notion of the common law evolution of halacha. But neither of our theories give a broader account of when the Torah presents a command by stating that God says X, that Moses says God says X, or both.

Eilu v'eilu.

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A Halachic Argument for Evolving Halacha

Moses's final act as the leader of the Israelites (other than his long review speeches in Deuteronomuy) is to make an explicit change in halacha, in the name of both God and justice, without consulting God. This is contained in two separate stories involving the Daughters of Zelophechad and inheritance law. (See Num. 27:1-11 and Num. 36:1-12.) The straightforward interpretation of this story (maybe even at the peshat level) is that Jewish law, or halacha, is not a static set of rules, but instead evolves over time, like common law. Laws can change, new laws can be imposed, and old laws can be removed, provided that the demands of justice require this change.

This interpretation runs directly counter to the contemporary Orthodox understanding of halacha, although I have not seen a traditional explanation of these stories that explains them in any other way. It also supports a Conservative understanding of halacha, although I have never seen this story offered as a proof text for modifications of halacha.

The first story is contained in this week's parsha, and I blogged about this last year. This blog has quite a few more readers this year than last year. Rather than repeat the post, I simply link to it here. Take a look. (If you leave a comment, please leave it in last year's post rather than in this post.)

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Trader Joe's Boycott - "Raising Awareness" In An Unexpected Way

I really appreciate the anti-Israel group that spearheaded a completely ineffective boycott of Trader Joe's. They "raised awareness" --- at least to me --- of an important issue.

In case you missed it, some newly-minted month-old wacko group, spouting the usual anti-Israel blather of such wacko groups, demanded that Trader Joe's remove all Israeli products from its shelves. As always seems to be the case with such groups, they apparently had no concerns about all the other countries that do far worse things than what they claim Israel does, thereby raising the obvious inference that they are motivated by their own anti-Semitism or anti-Israel sentiments, rather a broader concern for human rights.

Trader Joe's properly refused their demands. "Trader Joe’s will not be used as a political tool, and we will not remove any products under pressure from any group. We believe our customers are smart and capable enough to make their own choices,” Trader Joe's explained. Exactly.

The wackos then decided to launch a boycott, with picketers, leaflets (which the wackos usually refer to as "literature"), and taking Israeli products off shelves. I assume the wackos' best case scenario would involve zillions showing up at my local TJ's shouting "No justice, no falafels." But things did not go as planned. The boycott "fizzled" according to the Jewish Journal and the LA Times blog, with about 20 protesters showing up in Oakland and a few other cities, and not much else.

I am not sure that "fizzled" is the right verb. The protest might not have turned out great numbers of wackos, but it did manage to focus my attention on a critical issue about which I was completely ignorant. I had no idea Trader Joe's actually had Israeli products. But my ignorance is now dispelled, and yours can be too: Trader Joe's apparently has both Israeli couscous and feta cheese. My family shops weekly at Trader Joe's, and we will be sure to pick some up next time we are there.

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Mitzvot - Which Are the Low Hanging Fruit?

Until fairly recently, the Conservative and Reform movements were comprised of people who had at least some knowledge of the basics of traditional Judaism. Many had more observant or traditional parents or grandparents, had grown up in more observant homes and in primarily Jewish neighborhoods, and in some way or another were exposed to the basic traditions, rituals, beliefs, and holidays of Judaism. However, many Jews today in these movements have virtually no knowledge of, or experience with, some of the basic ideas and practices in Judaism.

Fifty years ago and earlier, these movements could operate with what I will call subtractive Judaism. They could take the existing set of traditional beliefs and decide what practices to relax, modify, or eliminate. For example, the Reform movement in the 19th century could switch from Hebrew to English (or German) in prayerbooks. The Conservative movement in the 1950s could liberalize some of the stringencies of shabbat and kashrut. But in both cases, they were starting with people who observed, or at least were familiar with, the traditional way of doing things.

That is no longer true. A substantial percentage of people in Conservative and Reform synagogues simply do not have any substantial knowledge of Judaism. They have not read the Torah, have no idea what it says, have not read other traditional texts, do not daven, do not attend services, do not keep any level of kashrut, do not know about most rituals, and do not know about, let alone observe, most holidays other than Rosh Hashana, Yom Kippur, Chanukah, and Passover. The challenge facing the Conservative and Reform movement is not what to subtract from traditional Jewish practices. It is what to add to no traditional Jewish practices. In many ways, this is the same issue that Orthodox kiruv groups face.

Given that, what are the low-hanging fruits in Judaism? That is, what are some mitzvot, holidays, rituals, or types of learning that interested but not very knowledgeable Jews might do at relatively low cost and obtain relatively large benefits. Where do you get the biggest Jewish bang for the buck. This is really a very practical question.

For example, Chabad started a campaign 50 years ago or so to get less observant Jews to wear tefillin. My (no doubt ill-informed) opinion is that this is a really odd mitzvah to start with. Non-observant Jews often view tefillin as strange and meaningless, and it reinforces the idea that traditional Judaism is full of bizarre arcane rituals. But Chabad has had some success with this, so what do I know?

I have a few other ideas, and I would be interested in other people's thoughts.

Shabbat evening. It is simply nice to be with family and friends, to light candles, for husbands to say something nice about or to their wives and kids, to drink wine, and to eat challah. And maybe even talk about something important and meaningful.

Shabbat day. More of a challenge, given the rest of life. But carving out time to be with family and friends, not to answer phones or e-mail, not to be distracted by video games or television, and not to worry about work or chores is a good thing.

Sukkot. A really nice holiday. I have no idea why it has fallen out of favor with many Reform and Conservative Jews. It might have something to do with Jewish men and their inability to use tools, but now there are lots of nice kits around. (I like building my own sukkah, but I may be exceptional here. I think I am the only Jewish man on the planet with a tablesaw and several routers.)

Counting the Omer. My kids and I think it is cool, but my wife thinks it a bit silly. There's all sorts of interesting interpretations and things to think about while counting the omer, and it all makes you better and wiser. And I told the kids that if we make it through all 49 days withing skipping a day, we'll go out for ice cream after Shavuot. So far, we are on track.

Reading the Torah. No substitute for that. And lots of good English translations available.

A Really Interactive Seder. Seders do not have to be boring exercises where people take turns reading paragraphs from the Maxwell House haggadah. A little reading and planning ahead of time (and some willing participants), and it can turn into a pretty meaningful performance art, a fun time for the kids, and a great intellectual discussion on the ideas of freedom.

Any other thoughts?

UPDATE: (here's more)
The Rules of L'shon Hara. Judaism takes a very strong position against truthful gossip. One is forbidding to say something negative about someone, even if it is true, with some limited exceptions. (Saying something false and negative falls into a different and worse category.) American culture does not place much value on this idea. People gossip, and much popular entertainment is devoted to this. Judaism is refreshing counter-cultural here.

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Will Your Grandchilden Be Commited Jews (Regardless of Denomination)?

The well-known article "Will Your Grandchildren Be Jews?" claims that only Orthodoxy can save American Judaism from extinction caused by high intermarriage rates and lower birthrates among non-Orthodox Jews. This article addresses a real problem, but in a slipshod way. In Will Your Grandchildren Be Reform?, I have criticized this article for ignoring the relatively high Orthodox interdenominational switching rates. As noted there, a much higher percentage of Jews raised Orthodox switch to other denominations than Jews raised in other denominations. In the comments section, commentators have criticized my critique for not distinguishing between the more nominal Orthodoxy of 50 to 100 years ago (with a presumably higher switching rate) and the deeper Orthodoxy of today (with a presumably lower rate). I think that critique is correct as far as it goes, but the original article is still deficient for failing to include any adjustment for interdenominational switching.

In A Tale of Two Jewries: the “Inconvenient Truth” for American Jews Sociologist Steven M. Cohen has examined the data and reached a a much more nuanced conclusion: the overall denominational averages masks the presence of "two Jewries". And this conclusion has startling implications.

Cohen notes that American Jews tend to fall into two broad categories:

1. Jews who have a relatively high level of observance, are affiliated with a synagogue, attended Jewish educational or social institutions as a child (day school, religious school, summer camp), have married other Jews, have children, and send their children to Jewish educational or social institutions; and


2. Jews who have a lower level of religions observance, are unaffiliated with a synagogue, have intermarried, and who do not have children or who do not send their children to Jewish educational or social institutions.

In short, there is a Jewishly committed group, and a Jewishly uncommitted group. Or perhaps a core and a periphery. (Cohen refers to them an the in-married and the inter-married, although the groups seem to me to capture much more than simply choice of spouse.)

What is largely missing in a middle, or a moderately committed group. In the past, this group may have been by less observant people with a strong ethnic sense of Judaism. But in the past several decades, ethnicity as a force in Judaism has strongly declined. Cohen notes that we have experienced "ethnic decline but religious stability."

Cohen found that the committed group tends to raise children who are themselves committed, and the uncommitted group tends to raise children who are themselves uncommitted. But his most interesting conclusion is that the committed group is dispersed throughout the denominations in approximately equal numbers. That is, in absolute numbers, there is about the same number of committed Jews who are Orthodox, Conservative, and Reform. But since the Reform movement is the largest, followed by Conservative Judaism, followed by Orthodoxy, the percentage of "committed" Jews is very high in Orthodoxy, smaller in Conservativism, and smaller still in Reform.

Because of this, the overall averages for the denominations picks up and masks the averages of two very different sub-populations within that denomination. So a much smaller percentage of Reform Jews (say) attend a passover seder than Orthodox Jews, but that is because Reform Jews have a relatively low number of "committed" Jews (who do attend seders in high numbers) and a relatively high number of uncommitted Jews (who do not).

The implications of this are striking. Contrary to the Orthodox claims, the "solution" to the "problem" of Jewish continuity is not for Jews to become Orthodox; it is for Jews to become religiously knowledgeable, committed, and involved. That is, if a Reform of Conservative Jew really takes Judaism seriously --- that is, has a high level of Jewish knowledge, observance, and belief, affiliates with a synagogue, marries another Jew (by birth or conversion), and sends his or her children to Jewish institutions --- that Jew has a relatively high chance of that Jew's children doing the same.

An important warning: this is not grounds for complacency. Reform and Conservative Jews cannot simply join a synagogue and send their kids to camp and think that they have ensured Jewish continuity. They need to strive for a serious and deep understanding of Judaism, actually practice it, and teach this diligently to their children. The v'ahavta has it right, and v'shenantam l'vanecha is at the core. The challenge for Conservative and especially Reform Jews is to be able to do this in a synagogue where only some of the members have similar beliefs and practices.

What does this involve? More in future posts.

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Little Foxling and the Documentary Hypothesis

Da'as Hedyot has republished a five-part autobiographical post from blogger Little Foxling about his path away from Orthodoxy and the Documentary Hypothesis. The personal and intellectual story is fascinating.

Before I started this blog, I was hunting around the web for info on the DH. I came across LF's comments on someone else's blog. Someone had made a silly point, and LF responded by presenting the DH. He was immediately attacked by pretty much every other commentator. He then took on the whole room, point-by-point: LF vs. 15 other people. His arguments were precise, on point, and solid. It was clear he had a deep knowledge of both traditional sources and the documentary hypothesis and had really thought through these issues. I was quite impressed and started reading his blog regularly.

Unfortunately, LF stopped blogging and moved on to other things. He and I still occasionally e-mail each other.

Among other things, LF notes that Orthodox Jews have not effectively responded to the Documentary Hypothesis. They either ignore it, mischaracterize it and mock it, or (falsely) claim that scholars no longer belief in it. This neglect is quite dangerous. Sooner or later (and probably sooner, given the internet), it will lead more and more Orthodox Jews to doubt and eventually disbelieve the central factual tenet of Orthodox Judaism, namely a literal "Torah from Heaven" or Torah min Hashamayim. They will leave Orthodoxy, and the people who do so (like LF) will disproportionately be the brighter ones. When you are in a Galilelo vs. the Pope type of argument, you simply do not want to be taking the Pope side. It might work in the short run, but you end up losing very badly, and looking very foolish, in the long run.

Orthodoxy needs to effectively respond to the discoveries of modern Bible scholarship or come up with a better theory of revelation. The failure to do so risks seriously undermining Orthodoxy.

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