Author Archives: Rabbi

Just say NO

The American request that Israel “freeze’ construction in “settlements” permanently, for one year, for six months, or for six days is insulting, disrespectful, ill-fated and a smokescreen that Israel should forcefully and immediately reject – for a number of reasons.

Recall Nancy Reagan’s campaign in the mid-1980’s to discourage children from recreational drug use, entitled: “Just Say No.” Well, the allure of ‘peace” is also a narcotic that dulls the mind and precludes rational thinking – and this request (demand?) deserves the same response. There are several critical reasons why such a rejection – phrased in as diplomatic but unequivocal language as possible – is both warranted and appropriate.

Firstly, Israel has long resisted such a step at every stage of the interminable negotiations over Mideast peace. Now it is posited that Israel should make this good-will gesture (www.jewishpress.com/pagerroute.do/38306) in order to induce the Arabs to make similar gestures, such as a “commitment to fight terror.” Hmm…does that sound familiar ? In other words, Israel should make another tangible concession in exchange for another Arab concession to stop killing innocent Jews ? It is the same rug being sold again by these bizarre merchants, who assume that Jews have no historical memory. The approach itself is laughable in the extreme, and only the extremely foolish would even consider it.

Secondly, the request – which, if acceded to, will never be withdrawn – is a direct attack on Israel’s sovereign decision-making power and prejudges the outcome of negotiations by effectively delegitimizing Israel’s claims in Judea and Samaria. But Israel’s claim there – as the only sovereign nation in the vicinity with “rights,” rights obtained when it conquered the land from the previous sovereign – Jordan – in a defensive war – is compelling and lawful, even if it is politically unpopular with Israel’s enemies and those who seek to curry favor with them.

Thirdly, the request is unenforceable and will be the source of unending tension between Israel and the United States. How does one inform a family that the world will not allow you to add a bedroom or a den to one’s own home ? Or that Jews – only Jews, of course – are barred from building on Jewish-owned land in the land of Israel, of all places ? When Menachem Begin agreed to such a freeze at Jimmy Carter’s insistence, relations between the two countries were strained when Begin contended that the freeze was for several months only, and not permanently as Carter maintained. To allow the world to micromanage Israeli home-building would be a grievous insult, and to a large extent would imply our acquiescence to the world’s denial of any Jewish rights in the region. It is tantamount to an admission that building in the Jewish heartland is wrong, and that Jews should feel guilty about doing it. And Israel should eschew the diplomatic cleverness implicit in finding language that both sides will accept but interpret in different ways. Honesty is the best policy.

And how ironic is it that Jews are being told they cannot build in…Judea ? We are only called “Jews” because of our roots in Judea, “Jew” being a shortened form of “Judean.” This nomenclature is most clear in Hebrew – we are “Yehudim” because our roots are in “Yehuda.” Indeed, Israel should market to the American people its objections to Obama’s ultimatum with such slogans: “No Jews in Judea is like no New Yorkers in New York,” or “Judea for Jews” or something similar. Nothing would point out more the absurdity of this dictate. And the current “let my people grow” campaign is also attractive.

Fourthly, it is a smokescreen, a red herring, a deliberate attempt to weaken Israel that will not advance the moribund (and farcical) “peace process” one centimeter. As Congressman Eric Cantor noted today in Jerusalem, President Obama is focused too much on settlements and too little on Iran. Certainly if Israel intends to retain most settlements in any final agreement, then what difference can it possibly make if it continues to build in those settlements ? To stop – even momentarily – is to signal weakness, denigrate Jewish rights in the area, and whet the Arab appetite for even more concessions from Israel. So even from a diplomatic perspective, such a move is illogical.

Finally, a polite but firm “no” to Obama is something to which he has become accustomed. Since taking office, his requests on a variety of matters have been rebuffed by the G-8 and the G-20, the Russians, the Arabs, the Chinese and a host of other countries. Obama, a true believer in diminishing the projection of American power globally, has succeeded remarkably well, and in his quest to be liked by everyone (especially America’s recent foes like Venezuela, North Korea, and the Arab world) is respected or feared by no one. It is entirely clear that the price Obama is willing to pay for improved relations with a billion Muslims is detaching the United States from its traditional alliance with Israel. The legacy of “shared values” between the two countries does not amount to much, in Obama’s estimation, because he is not at all impressed with America’s traditional values. In fact, he is attempting to denigrate and escape from them.

So the President is intent on strengthening America’s ties with the Arab world while weakening Israel, but as a skilled politician and rhetorician, he recognizes that he cannot be perceived as doing same. Several weeks ago he enlisted the help of more than a dozen “Jewish leaders” to discuss Israel’s policies and his efforts to impose a solution (i.e., Israel’s surrender of its vital interests), and to solicit their support – while excluding, in true liberal fashion, Jews who hold more right-wing views. Media reports, and statements from the participants, indicated that the meeting was a love fest, with none of the leaders present even attempting to defend Israel’s policies or voice support for the right of Jewish settlement throughout the land of Israel, and reluctant even to disagree with President Obama on his demand that Israel stop building in Jerusalem.

If those reports are true, then that meeting with the highest elected officials in the land represented the sorriest display of obsequiousness and uselessness by American Jewish “leaders” since the Holocaust. And, if capable of shame, they should be ashamed of themselves. They chose to rally around Obama at the expense of the people of Israel, revealing once again the distressing truism of the politics of American Jews – who have long preferred safe abortions to a safe Israel. (American Jews, more liberal than any other ethnic group, will not vote for a candidate who is overtly anti-Israel but will vote for an anti-Israel candidate who mouths the right clichés and platitudes, as long he supports abortion rights.) Or, to judge some favorably, the lure of the presidential photo op is too enticing to risk not being invited to the next sit-down.

As President Bush once said to me, America and Israel share a friendship even more than an alliance. But neither a friendship nor an alliance imply symmetrical views on all issues. There were crucial times in the past when Israel defied America (declaring statehood in 1948, launching a pre-emptive war in 1967, bombing the Iraqi nuclear reactor in 1981, and, most pertinent here, building Har Homa in southern Jerusalem in 1996 – now a community of more than 6,000 residents) and not only lived to talk about it but was also vindicated in its decisions. Each of those times required courageous leadership – leaders of values and vision – to look beyond the politics of the moment and see the eternal interests of the Jewish people.

Indeed, relations between the United States and Israel are so strained that it would behoove Israel to seek a goodwill gesture from the Americans – even before considering a discussion of a freeze. Israel can make demands as well; in fact, weak countries often make demands, a negotiating tool familiar in the Middle East. Perhaps, finally, a pardon for Jonathan Pollard ? That would show some good will, not as a quid pro quo, but simply as a humanitarian gesture to smooth fences. Israel can then agree to freeze construction in all settlements one day a week (Shabbat).

     And while making demands, Israel should not shy away from ruling out any negotiations with Syria until the Sultan Yaakov prisoners (Baumol, Katz and Feldman) are accounted for – after 27 years (!), and any relaxation on the Gaza embargo until Gilad Shalit is freed – and in exchange for…nothing. Arabs can be pressured too, and Jewish life is too precious to acquiesce in the mistreatment of its prisoners, again.

    But a rejection of a settlement freeze is a no-brainer. To agree to even a momentary freeze undermines Israel’s negotiating position and gravely weakens Prime Minister Netanyahu’s political standing in Israel (that also an American interest, apparently). That concession is lose-lose – a loss on the substance and a loss on the politics. So however pleasantly it can be said – perhaps with a smile, a wistful embrace or even over a beer – there is only one response justified to this American dictate: Just Say No. And the earth will continue to spin on its axis, the sun will rise and set on the day after, and new politicians and diplomats will meet to find some other way to keep the “process” going, and going, and going.

Crisis in Orthodoxy ? Perhaps Not

   The recent arrests of several New Jersey Rabbis, coming on the heels of a variety of other scandals in Jewish life that also resulted in prominent arrests, have led many to conclude that Orthodoxy is in crisis and its entire world view under siege and perhaps unsustainable. Some have asked: “what is the value of Torah study and Mitzvot – like Shabbat, prayer, kashrut, tzniut – if the human product is no more ethical or moral than one who eschews those divine commandments and just lives a life of integrity ?” Others have decried the “overemphasis” on certain Mitzvot to the exclusion, or at least the minimization, of other Mitzvot.

    All valid questions, to be sure, but they also miss the point, and in their justified concern for the reputations of G-d, His Torah and the Jewish people, they overlook one essential dimension of Torah, and fail to put this tragic waywardness in perspective. In short, there is no crisis; there is only…life, people and human frailty. The nostalgia for the perfect world of the past, where all Jews, especially Rabbis, were decent, honest, ethical and upright, is a fantasy, and a dangerous fantasy. Human nature remains human nature, and as a people we are defined by the majority, not by the exceptions, even if the exceptions grab the media spotlight. And the majority of religious Jews – and Rabbis – are decent, honest, ethical and upright people, and even among the accused wrongdoers, the overwhelming majority of their actions also reflect the values that they profess. And to the extent they do not, well, that is why there are courts, laws, prosecutions and public opprobrium.

     The phenomenon of “religious sin” or the “sins of the religious” is quite ancient. The genre of “how could they, of all people?” questions might well have been asked of Korach, Datan, Aviram and a host of others who stood at Sinai. The prophets were well aware of people who performed Mitzvot by rote, who did not seem to be on the inside what they looked like on the outside. The personality, in one context, is referred to as the “ish navuv” – the “hollow man” (Iyov 11:12), what Rav Shimon Schwab there called “a person with a righteous façade who has a hollow interior.” In another context, it was the subject of Sinclair Lewis’ acclaimed 1927 novel “Elmer Gantry” about a hypocritical, womanizing preacher – a book that created such a furor (much like the one in our world today) that it was literally banned in Boston.

     But none of this is new, and neither are the challenges of ethical behavior while living in the non-Jewish world (or living in Israel, for that matter) only a contemporary phenomenon either. There is a passage from the SMA”G (Sefer Mitzvot Gadol, a compendium of the 613 commandments written in the early 13th century of Rav Moshe of Coucy, France), pointed out to me by my colleague Rav Shaul Robinson of NYC, that is both frightening and, oddly, comforting. In Mitzvat Aseh 74 – the laws of returning lost objects, which technically only apply to Jews – he states:

      “I have already expounded to the exiles of Jrusalem who are in Spain and to the other exiles of Edom that now that the exile has been prolonged, we must separate ourselves from the corrupt values of the world and grasp the seal of Hashem, which is truth. We are not to lie either to Jews or to non-Jews, nor to cause them to err in any matter, but rather to sanctify ourselves through what is permissible. As the verse says (Tzefania 2:13): “The remnant of Israel shall do no crookedness, not speak falsehood, and not have any deceit in their mouths.” And when Hashem comes to redeem us, they (the nations) will then say, ‘G-d acted justly [in redeeming them], because they are people of truth, and the Torah of truth is in their mouths.’”

     “But, if we treat the nations with trickery and deceitfulness, they will say instead, ‘Look what G-d has done, choosing for His portion in the world a nation of thieves and swindlers…’  And, indeed, G-d scattered us about the globe so that we should attract converts, but as long as we deal with the nations with deceit, who will want to cleave to us ? We see [from the story of the flood] that G-d was concerned even about stealing from the wicked.”

     “And the Yerushalmi (Bava Metzia 5:5) teaches that distinguished Rabbis once purchased a kor of wheat from non-Jews, and in the bushel of wheat they found a purse filled with money, and they returned it to the non-Jews who exclaimed, “Blessed is the G-d of the Jews.” There are many similar stories that discuss returning the lost object of non-Jews and the sanctification of G-d’s name that resulted.”

      That passage is frightening because it was written approximately 800 years ago, and so, apparently, Orthodoxy was in “crisis” then as well. But it is also comforting when we recognize that nothing is new, and that, indeed, there is no “crisis.” Money is money, temptation is temptation, and people are people. No one is perfectly good or perfectly evil, but rather hybrids of good and bad conduct. We hope that most people are mostly good, and that the rough edges that we all have can be smoothed by the ameliorating effects of the Torah. We all struggle with different elements of our nature. Different parts of the Torah challenge each of us – some are challenged by issues of personal modesty and others by arrogance, some by money (most of us, Chazal say in Bava Batra 165a) and others by Shabbat. No two people are alike, and what is asked of each of us is to control those parts of our nature that are unruly. That is the “Kabbalat Ol Malchut Shamayim” – acceptance of the yoke of G-d’s kingship – that we are obligated to experience twice a day. Our Sages therefore asserted, in loose translation (Sukka 52a) that “the greater the person (i.e., the more desires he has under control), the greater the temptation” (in those remaining areas). 

     We all understand intellectually that no one is perfect, and yet are surprised when we see any imperfections in certain people. Undoubtedly, King David (even Moshe himself) would have been vilified by our society. But spiritual greatness is not defined by an unreachable perfection, but by the spiritual giant’s capacity to overcome sin, to accept responsibility for misdeeds, and to aspire to perfection. One should no more be inclined to abandon a life of Torah (or not embrace one) because of a few alleged evildoers than one would stop eating food altogether because a few people suffer food poisoning. “For these [mitzvot] are our lives and the length of our days.” They are commandments, not suggestions. We are responsible for all our actions before G-d, and the mitzvot in totality are designed to produce a human being who strives for perfection and is answerable for any failings. No one Mitzva can guarantee perfection, because each mitzva targets a different dimension of the human personality. But pull one thread out, and the entire garment will unravel. The study of musar, and an understanding of Mitzvot, can inculcate how all mitzvot – Shabbat, kashrut, tefila, etc. – ideally make us better people, and if they do not in an individual case, we can still learn where we went wrong and what we can do to rectify it.

     So let us not rationalize nefarious conduct – but let us also not be naïve about human nature or simplistic about the Torah’s commandments. Let us continue to demand of ourselves the highest standards of fidelity to G-d’s law. As Rav Zundel Salanter reputedly said, “we should check the origin of our money to the same extent we check the origin of our food.” But we should also recognize that, for most of us, it is easier to serve G-d through Shabbat, Kashrut, tefila and Talmud Torah than it is through exhibiting – at all times – ethical behavior and decent conduct – whether in how we drive our cars or how we earn our money. And the latter is a more substantive definition of who we are as servants of G-d, and a greater challenge today and perhaps always, and therefore, as the SMA”G indicated, the route to redemption as well.

     Crisis in Orthodoxy ? I think not. It is just life, people and their challenges – and it has existed since time immemorial. The Torah is perfect; no one ever claimed all of its practitioners were also perfect. Rather than cast aspersions on others and make sweeping and smug generalizations, we should instead look in the mirror and confront our own failings (and not wait for the FBI or their informants to expose us). And then we will truly become servants of G-d, a nation renowned for its virtue and piety, and a people worthy of redemption.

Madoff vs. Dweck: Steal Cage Match

 

Who is more despicable – Bernie Madoff or Solomon Dweck ? On the surface, Madoff would seem to prevail in this match of caged stealers. After all, Madoff, the disgraced financier and “investor,” stole tens of billions of dollars, single-handedly bankrupted elderly people and ruined charitable foundations – and all to support a lavish lifestyle that he knew for years would some day come crashing down on him.

By comparison, who is Dweck ? He stole “only” $25,000,000, and his claim to infamy rests on his informing on several New Jersey politicians who took hundreds of thousands of dollars worth of his bribes and laundering hundreds of thousands of dollars of other ill-gotten gains with several Rabbis – all, allegedly, of course. The amount of money Madoff stole is staggering, and perhaps may never be equaled in history; Dweck’s loot, by contrast, is a relative pittance. So where is the comparison ?

Look beneath the surface. Both Madoff and Dweck preyed on people who trusted them – Madoff for social reasons, Dweck because of his religious and ethnic ties. Both caused a massive Chilul Hashem, not least because both held positions of prominence in various Jewish communal organizations. Both appear to lack any moral scruples whatsoever, notwithstanding that Madoff issued an “apology” to his victims before being sentenced. Both have names that lend themselves to permanent ignominy – Madoff “made off” with people’s money, and Dweck rhymes with… well, Syrian Jews don’t speak Yiddish.

But on a crucial point, Dweck exceeds the venality of even Bernie Madoff. Madoff pleaded guilty, admitting everything and incriminating no one else. He did not seek a deal with the prosecution, he did not look to lure others into his criminal orbit, and he protected his family – wife and sons by taking the fall himself (assuming, of course, that there was something from which he had to shield them).

On that score, Solomon Dweck merits a special place in purgatory. Nothing excuses the alleged criminal conduct of Rabbis, but it hard to conjure a betrayal of trust greater than a Rabbi’s son, yeshiva president, and fellow Syrian-Jew (in a very tight-knit community) ensnaring others in his criminal web by wearing a wire and inducing criminal behavior – all in the hope of getting a reduced sentence.

Dweck was no whistle-blower, no crusader for justice, and no avatar of righteousness – but a lowly thief, an informant, a canary, a fink, a rat, a snitch, a stool pigeon, and a contemptible moser. The latter, an especially heinous characterization in Jewish life, is predicated on the assumption that Dweck’s criminal dealings with the Rabbis (allegedly, of course) post-dated, and not pre-dated, his arrest. If they had engaged in joint swindles before his most recent arrest, then, there is indeed no honor among thieves, and he is arguably not even a moser – saving himself by turning in his fellow larcenists. And shame on the Rabbis (alleged shame, of course) both for their criminal behavior and for not being sophisticated enough to recognize that a federal bandit out on bond, whose trial has been delayed and delayed, is likely turning state’s evidence.

But if Dweck never had criminal dealings with these Rabbis before, and solicited their involvement in his schemes to save himself, to provide the prosecution with bigger fish to fry (religious and secular) – using whatever justification necessary – then there is no honor among thieves, but also no honor among Jews. If that happened, then we are no longer an am – a people, a nation, a brotherhood who can count on each other in the crunch. It is every man for himself (and women too) and what a sad day for the Jewish people and for that community in Deal.

Imagine, for a moment, that someone in your vicinity wore a wire throughout the day – your seatmate in shul (well, you shouldn’t be talking anyway), your spouse, your best friend, your business partner – not necessarily to reveal your criminal behavior (that you shouldn’t engage in anyway) but to reveal your every personal thought – your comments about the people closest to you (and their failings, as you perceive them), or your customers (and how you really feel about some of them). Imagine if every thought you had was broadcast to an unknown audience – who then confronted you on them. The perpetrators of such intrusions of privacy are beneath contempt.

On that score, Dweck sinks to a lower level than even Bernie Madoff. Both betrayed the trust of people close to them – one for money and one for his own liberty (and money), but both have shattered the expectation that Jews can trust Jews. And can anything be more depressing than that, especially during the Nine Days ?

Nothing here should be construed as a defense of the Rabbis’ (alleged) wrongdoing, or in any way a rationalization of tax evasion, corner cutting, finagling, keeping separate books, money laundering or any other possible financial diablerie. They are wrong, wrong, wrong (allegedly). Their crimes (alleged) should be punished. Neither Talmud Torah nor tzedaka is a justification for stealing. But let us not sweep aside the ramifications of having potential informants in our midst – to drive a wedge between Jews and to destroy any semblance of mutual trust.

And the greatest musar from this moser, for all of us ? Whatever we do, whatever we say, and whatever we think – there always is Someone looking and listening. “Know what is above you: an eye sees, an ear hears, and all your deeds are recorded in a book” (Avot II:1). The deterrent to criminal or venal conduct should be our inner sense of right and wrong born of being Torah Jews who stand at all times before G-d, bound by His Torah. Period.

So who is worse, Madoff or Dweck ? They are both bad, in different ways. Madoff stole money, Dweck may have stolen something more valuable. But I lean slightly to Madoff as the prime villain, but slightly.

Laundering during the Nine Days

The most shocking aspect of today’s mass arrests of New Jersey politicians, Rabbis, bureaucrats and other scoundrels is that there is nothing that shocking about it at all. These types of shenanigans have become so commonplace – especially in New Jersey, dubbed the “Soprano State” for good reason (in a book by that name) – that they constitute the norm of public life here, and the politician who is not corrupt stands out, and usually by his inability to win elections. The corruption is so rampant and pervasive – in almost every township and in every level of office, from public works to the governor’s office– that anyone with sense has despaired of ever changing it. It is ingrained, and considered a normal part of doing business in New Jersey. No organ of government is uncompromised.

And I think we no longer need to ask how Rabbis can become ensnared in these sordid affairs. (Of course, I show all due deference and respect to the presumption of innocence, and if innocent, I hope they are all acquitted and their reputations restored.) But I know that these individuals – from Brooklyn and New Jersey – are not the first so indicted, and I sense that they will not be the last. The lure of money is extraordinarily powerful, and the good news (small comfort, to be sure) is that this lust apparently transcends the ethnic, religious and racial barriers that seem so insurmountable in the rest of society. Jews allegedly collaborated with non-Jews, Italians and Irish, whites and blacks – a melting pot of vice, a mosaic of sleaze. America truly is the land of opportunity.

How can people succumb to dishonesty and avarice, so chillingly and blatantly ? We miss the point if we highlight the high cost of living Jewishly, the desire to be charitable, the need to underwrite yeshivot and other worthy institutions, the necessity to fund shidduchim, etc. The Torah prohibits Jews – and non-Jews – from stealing, and quite explicitly; one doesn’t need to delve into Rashi and Ramban’s commentary to understand the prohibition. Evidently, the desire for money is extensive and uncontrollable. Money is a sublimated form of desire – it is valueless in itself; its real value lies in its capacity to purchase other things. When it remains as cash, it provides no pleasure at all except for two things: the fantasy of unlimited future pleasures and the reality of an enhanced social status. And the latter, in today’s world, is the real passion, even if thieves usually live well.

As long as we continue to glorify money and its holders – as long as we give prominence to those who have it (and regardless how they attained it) – we will continue to suffer from this malady. The prophet Yeshayahu said, quite tellingly (and in this week’s haftara, of all things): “Your princes are corrupt and associates of thieves; all of them love bribery and pursue illegal gains” (1:23). Undoubtedly, many of the accused are quite stringent about not laundering clothing during the Nine Days. Would that they have been similarly concerned with laundering dollars the rest of the year. We are advised not to enter litigation with non-Jews during the Nine Days, days of misfortune. Perhaps the FBI was briefed on that too ? That would take “cooperating with the authorities” to a new level.

The ethnic hodgepodge of the accused demonstrates that Jews are really no better than anyone else, but we are supposed to be. We were entrusted by G-d with one gift: His moral code. And that we squander, dissipate and abuse – and for what ? Money. How sad…how tragic…how so appropriate for days of mourning, days that remind us that, for all our supposed piety and tearful protestations, we are really quite far from rebuilding the ruins of Yerushalayim, and from building a society based on justice and righteousness. Perhaps this will be a wake-up call ? Perhaps. Until the next one.