Thursday, August 3, 2023

Reflection On the Decision to Punish the Tree of Life Murderer with the Death Penalty.

(The following essay was published on August 3, 2023 as an Op-Ed in the Denver Post.  Here is a direct link to the article:  https://www.denverpost.com/2023/08/03/tree-of-life-synagogue-death-penalty-opinion/)

On the morning of Oct. 27, 2018, I was in synagogue when my Apple watch started incessantly vibrating with multiple text messages. Normally, during services, I turn off all my electronics, but for some reason, my watch was still connected to the internet.

Given the volume of messages that kept repeating, I had a feeling that something important was happening. I glanced down at my watch and saw the first reports of a mass shooting taking place. I remember slipping out of the chapel, turning on my phone and discovering, to my horror, that a man had broken into the Tree of Life Synagogue in Pittsburgh with an automatic weapon, opened fire and killed 11 innocent congregants.

I returned to the service and, with tears in my eyes, shared the awful news with my stunned congregation. Wednesday we learned that a jury had decided that the guilty party would receive the death penalty for his horrific crime.

When the perpetrator of this act of racist and antisemitic violence (whose name I will not mention) was found guilty on all counts this past June, I felt a palpable sense of relief. Justice had been done and this evil human would be punished for his horrific crime. Upon hearing the news that he would be given the death penalty, however, I felt a sense of unease and trauma – similar to what I felt when I learned about his murderous act in the first place.

The Torah teaches that there are multiple crimes for which the death penalty can be imposed – from violating the Sabbath, to disobeying one’s parents, to idolatry, murder, and bestiality. And yet, while the texts instructing us on how to impose capital punishment are abundant, Jewish tradition does not condone the death penalty. As Judaism has evolved over the centuries, the ancient Rabbis made its application practically impossible. In the 75-year history of the State of Israel only one person has ever been executed by a court of law: Adolph Eichman – the architect of Hitler’s Final Solution — and even that sentence was hotly debated within the courts and around the kitchen tables of every citizen in the Jewish State.For me, the central issue is truly none of the above. The issue of capital punishment revolves not around how we see the most evil elements of society — but how we perceive ourselves. Are we going to allow our fear of crime, our desire for vengeance, our BOTTOM-LINE mentality govern how we conduct ourselves? Capital punishment is a quick fix. It may be popular with the voters. It may make some of us feel good or politicians look good as they get tough on crime. But I believe that ultimately it lessens our own humanity when we take the life of another person – no matter how depraved their action may have been.

Those who have committed atrocities need to be punished. They cannot be a part of a civilized society. But I firmly believe that one of the prices of being “civilized” is taking on the responsibility to act in a way that is consistent with our own internal holiness.

All religious traditions teach that one day humanity will be judged. I believe that our judgment will not merely revolve around how we treated the best in our society but how we treated the worst as well. There is evil in the world. There are predators and murderers among us who deserve to be separated and cut off from civilization. For some there can be no rehabilitation.

The price we pay for living in a civilized, moral world is living with the fact that we cannot totally eliminate this evil.  But we can assert that we – as a sacred community – will not allow ourselves to stoop to their level.  We should not become murderers as well.


Tuesday, August 1, 2023

Israel In Crisis - Sermon Delivered on July 28th, 2023

 

My Dear Friends

Today is the 10th day of the Hebrew month of Av. Yesterday was Tish’ah B’av – the 9th of Av – the saddest day in the Jewish Calendar.  For many Jews, Tisha B’av is a day of fasting and mourning.  It is the day upon which both the first and second Temples in Jerusalem were destroyed.

Historically, many other tragic events took place on or around this date: 

  • The First Crusade officially commenced on 15 August 1096 (Av 24, AM 4856), killing 10,000 Jews in its first month and destroying Jewish communities in France and the Rhineland.
  • The Jews were expelled from England on 18 July 1290 (Av 9, AM 5050).
  • The Jews were expelled from France on 22 July 1306 (Av 10, AM 5066).
  • The Jews were expelled from Spain on 31 July 1492 (Av 7, AM 5252).
  • Germany entered World War I on 1–2 August 1914 (Av 9–10, AM 5674),
  • On 2 August 1941 (Av 9, AM 5701), SS commander Heinrich Himmler formally received approval from the Nazi Party for "The Final Solution."
  • On 23 July 1942 (Av 9, AM 5702), began the mass deportation of Jews from the Warsaw Ghetto, en route to Treblinka.
  • The AMIA bombing, of the Jewish community center in Buenos Aires, killed 85 and injured 300 on 18 July 1994 (10 Av, AM 5754).

And there are many today who fear that yet another calamity is taking place in front of our eyes: The threat of the dissolution of Democracy due to the recent vote by the Netanyahu Government to take away the ability of the Israeli Supreme Court to serve as a check and balance against autocratic rule.


Some of you may hear these words and think that I am being overly dramatic. After all, wasn’t the current Government elected in a free and fair election?  Didn’t the Right Wing in Israel receive a mandate for change?


The answer is not so simple.  While Benyamin Netanyahu and the Likud party did receive the slimmest majority of votes in the last election (after four failed elections in as many years), the realities of a parliamentary system of Governance meant that Netanyahu, in order to gain a ruling coalition, had to join forces with far-right and fundamentalist firebrands like Itamar Ben G’vir, and Betzalel Smotrich – both of whom have well documented histories of racist, Kahanist, misogynistic anti-LGBTQ+ and anti-Reform Jewish statements and actions. Many of those who voted for Netanyahu did not count on his inclusion of overt racists in his cabinet.


Unlike America’s democracy, Israel does not have a formal constitution.  Until recently, the only governing body that served as a check and balance to curb abuses of power has been the Israeli Supreme Court. This new law effectively gives the ruling coalition a veto over the Judicial process – creating a de-facto dictatorship. Never in the history of the State of Israel has there been such an extremist government bent on reshaping the very fabric and character of the Jewish State. While there is no doubt that some Israeli citizens support this government’s radical agenda, many others who may have voted for Likud did so out of a sense of weariness and a desire for stability after so many unsuccessful attempts at forming a ruling coalition. In addition, a recent poll shows that only 38% of Israelis support the current government’s plan to neuter the Supreme Court[i].


This latest action has also paved the way for Netanyahu to pay a debt to some of his supporters by re-appointing Aryeh Deri – Chair of the Ultra-Orthodox Shas Party - who was removed from consideration as Deputy Prime minister seven months ago by the Israeli Supreme Court because of his past criminal convictions.  Netanyahu himself is also under criminal investigation for bribery, breach of trust and fraud – adding to fears that he will use his newly increased power to manipulate the judiciary, solidify his base, disrupt his own trial, and remove other democratic safeguards in the Jewish State.


This vote is only the first step towards what many Israelis feel is a march towards an authoritarian state reminiscent of Turkey, Hungary, or Venezuela. There are very real concerns that the next steps will be an increase in funding for ultra-orthodox institutions, a cutting of funding to liberal religious institutions and organizations in Israel, removal of the rights of the LGBT population, further limitations to the rights of Palestinians, and an end for any hopes for a two-State resolution of the conflict – as the government has also pledged to expand settlements in the West Bank – indeed, many pundits and analysts feel that the coalition now plans to begin a complete annexation of the West Bank. [cf: https://www.timesofisrael.com/netanyahu-far-right-ally-said-to-agree-government-will-advance-w-bank-annexation/, and https://www.haaretz.com/israel-news/2022-12-28/ty-article/.premium/natural-right-to-the-land-of-israel-netanyahu-lays-out-west-bank-annexation-plans/00000185-5955-dbd5-abe7-59f5c5d60000]

 

I have spoken several times over the past few months about the protests that have been taking place on Saturday nights in almost every city in Israel for the past 30 weeks. Sue and I joined the protests in both Jerusalem and Tel Aviv during our congregational trip last month, and I also attended the Tel Aviv protest when I was there for the World Zionist Congress this past April. It was truly a life-changing experience. Hundreds of thousands of Israelis – Jews and Arabs alike – have been demonstrating and demanding that the principles of Democracy and human rights be strengthened in the face of increasing authoritarianism and division within the body politic.  As the inevitability of the Supreme Court vote approached, the intensity and fervor of the weekly protests increased.  There were marches from Tel Aviv to Jerusalem that shut down major highways. Leaders of  Israeli industry and high tech publicly decried the policies of the government - threatening to leave Israel altogether.  Some members of the Israeli Defense Force Reserves have pledged not to serve under an authoritarian regime. On Tuesday, the front pages of multiple Israeli newspapers were covered in black ink – a sign of mourning and protest. The Histadrut – Israel’s largest labor Union, as well as Doctors and Lawyers have threatened massive strikes that would effectively shut down Israeli society. And perhaps more frightening, there has been a small, but significant increase in violent responses to the demonstrators – from police and counter demonstrators from the Right. Unfortunately, it appears that the Netanyahu government is determined to exercise its power and ignore the massive voices of protests throughout the country.

 

Israel is in crisis.  The country is divided along political, religious, and ethnic lines. And we - who have an historic, spiritual, and emotional connection to the Jewish State - feel a multitude of emotions as we stand and watch our beloved homeland weathering one of the most serious crises it has faced in its 75 years of existence.

 

I am a Zionist.  I have always been a Zionist and I will continue to champion Israel, it’s right to exist, it’s right to defend itself and forge its own path.  I am not an Israeli citizen and, as such I cannot vote in elections, serve in the IDF or claim any allegiance other than my love for and connection with the Zionist ideals upon which it was founded. And yet, I cannot remain silent either.

In thinking about what to say tonight, I, and many other American Rabbis reached out to our Israeli colleagues to ask them what they need from us -as American Jews and supporters of Israel.  Here are a few of many responses we received on a private Facebook page (all responses are given with the permission of the authors…)[ii]


Rabbi Haim Shalom –writes:

I want you to talk about hope.

I want you to talk about love.

I want you to talk about how hard it is to see a country one loves choose a dangerous path of self-harm.

I want you to make clear that democracy is not just the tiny thin majority enforcing its will on the minority and that is true wherever we are. There are universal moral truths which we cannot turn our backs on. This is the message of this week's parasha [Va’etchanan, which contains both the Ten Commandments and the Sh’ma]. The coming together of Aseret HaDibrot [The Ten Commandments] as a symbol of the most fundamental moral truths, and our credo of Shma Yisrael - a statement spoken to the particular (ישראל) but focused ON the universal (אחד). We turn to each other as fellow members of the people of Israel to remind each other of the oneness of creation - we are all in this together. Whenever one part of the human family falls, it affects us all.


Rabbi Rinat Safania writes:

As you know our country is burning ... It is a sad and difficult afternoon here…. Yet - the protest brought many indifferent people out of the house to show how important this country is to them, and how unwilling they are to give up democracy, civil rights and matters of religion and state. We really hope that this protest will also lead people to choose by their feet and join the liberal movements like the Reform movement. We have a lot of work to do in all fields, and the road is long – (Quoting from Hatikvah – Israel’s national anthem) Hatikvah bat shnot alpayim "the hope is two thousand years old" - and it does not end with one decision or another. There is a large movement of protest here, and alongside it a large movement of people who want to continue holding hands despite all the differences. We as the Reform movement and communities are here to hold on to hope even when darkness seems to be falling.


Rabbi Leora Ezrachi-Vered writes:

As hard as this is to see and watch from afar, and the reality is certainly very, very, concerning, there are also huge waves of people working for a better Israel. And that this is not the end, but a pit that we can climb out of, like Joseph. Like all those who are struggling, we need friendship and solidarity more than ever. The rabbis and members of the Reform movement in Israel are front line activists.

 ---------------------

The rabbis of the old ascribed the destruction of the second Temple on Tisha B’Av to Sinat Chinam – baseless hatred. Rav Abraham Isaac Kook – the first Chief Rabbi of the State of Israel taught that we need to replace Sinat Chinam with Ahavat Chinam- boundless love. As we confront the very real crisis that is affecting the State of Israel – as we watch with concern as the divisions within Israeli society are growing in both intensity and consequence - our task is to support those elements within Israeli society that are working to bridge gaps, bolster Democracy, and provide an alternative to fundamentalist, racist, misogynist and oppressive policies and attitudes.


I want to encourage everyone who makes donations to Israel to support the organizations that are on the front lines of combatting the encroaching anti-Democratic initiatives. In particular, I would ask that you donate directly to the Israel Movement For Progressive Judaism. (Click on the underlined link.) I also plan to join with other colleagues to request that Jewish Colorado designate the contributions of our community to institutions and organizations in Israel that promote Ahavat Chinam and Democratic and pluralistic values -while avoiding those that do not.

 

My friends, despite the very real and significant concern that I - and many others – share about the current Israeli Government, it is vitally important to remember that now is not the time to abandon Israel. We have both the ability and the responsibility to raise our voices when we see our beloved homeland in crisis. Just as we should not remain silent when a member of our family is endangering themselves, so to with the State of Israel.


May the voices of protest and the hope for peace prevail in Israel and throughout the world and may we see renewed hope for growth and healing.

 

Shabbat Shalom



[ii] Thank you to Rabbi Joseph Metzler for asking the question of our Israeli colleagues and compiling their responses in a document that he shared with us.