Fatal Distraction

The deck was stacked against Trayvon Martin from the very beginning.
As is often the case when trials are litigated in the media, the obvious is overlooked. The prosecution always bears the burden of proving a defendant’s guilt “beyond a reasonable doubt.” That is not just a platitude but a legal standard. It is not sufficient to prove a preponderance of guilt; that is the standard in civil matters – a “preponderance” of evidence pointing to liability, usually meaning more than 50% of the evidence. In criminal matters, a reasonable doubt is not a percentage but a sensibility – a doubt for which one can give a reason. That is why Zimmerman was not found “innocent” by the jury but “not guilty.” That is the legal standard. He need not have proved his innocence. The prosecution has to prove his guilt.
Is there any thinking person who can honestly state that what occurred that night in Sanford, Florida is so clear that there is no reasonable doubt as to George Zimmerman’s guilt? Of course not. Only the race hucksters, political opportunists and other charlatans looking to profit off this tragedy would ever aver such a conclusion and even then, not seriously.
And it is a tragedy. For sure, the sympathies of the masses were manipulated by the frequent publication of the picture of a 12-year old Trayvon – and not the muscular, tattooed, 6’2” tall 17-year old he was at his death. Nor was there any reference to several scrapes with the law that he had in the year before his death, some manifesting an aggressive tendency that did not accrue to his advantage on the night of his death.
But the tragedy was, sadly, not unlike other tragedies that occur in life for which the law has no remedy. Every time a jury finds a defendant not guilty there is a disappointed complainant who thinks the system is corrupt and too malleable. The judicial system prefers to err on the side of exonerating the guilty than convicting the innocent. From that perspective, the verdict was fairly obvious, even though I thought that the jury would be hung (i.e., incapable of deciding) at least for a lot longer than they were, if only because of the public pressure to convict that the jurors invariably felt. But they followed the law, which is not always synchronized with the emotions and certainly not with the mob sentiment of the race-baiters.
Tragedies occur on the roads and in the hospitals and at home. Often there is no criminal guilt and even no civil liability. Not every mishap or misfortune lends itself to judicial redress or punishment. It is a part of life that can lead to despair, but it can also lead to daily gratitude for what we construe as small things until their absence causes them to loom very large – children, health, marriage, work, shelter, etc. Such is life.
The elephant in the room that cannot be discussed in polite company is the obvious answer to the prevailing question: why did Zimmerman suspect that Martin was up to no good? The answer is that of course Zimmerman was “racially profiling,” a cliché that has attracted a dastardly reputation notwithstanding that all thinking people do the same on a consistent basis. Even Jesse Jackson, adding these days to his resumé of dishonor, said years ago that if heard the footsteps of teenagers behind him on an urban street at night, he would be relieved to turn around and see that they were white teens. Simply put, young black men commit a wildly disproportionate number of crimes in America, and especially in America’s cities. Their rate of incarceration far exceeds their percentage of the population. There are many more black men in America’s prisons than their percentage in the population (probably 6-7%) should warrant. It is not because they are specifically targeted but because they are the ones disproportionately committing the crimes.
The saddest aspect of that is that most of their victims – overwhelmingly – are other blacks, in terms of homicides and other street crimes. Blacks growing in the inner city struggle to remain alive, to stay in schools and to keep their homes intact. The number of young innocent blacks killed in Chicago alone is staggering and a national disgrace.
Such is not the result of poverty of wealth but poverty of values. With more than 2/3 of black children being born out of wedlock, most are raised without strong, stable paternal role models. In certain circles, that abandonment of personal responsibility is still blamed on the legacy of slavery despite its abolition 150 years ago. Despite the best efforts of many black mothers, education is often frowned upon, and the easy money that many inner city youth see in the flaunted wealth of the criminal warlords of their neighborhoods – until they are caught, and if they are caught – remains a tantalizing allure.
They are not helped by the grievance industry nurtured by the hucksters. And it is a lucrative industry that plays on liberal white guilt and is therefore self-sustaining. Nothing can ever happen that will end it. Even the election of a black American president and the presence of a black Attorney General have little impact on the hustlers. According to them, America is irredeemably racist, always was and always will be, and whitey should just keep on paying, and especially paying them. To be called a racist today in American is so hackneyed as to draw yawns, not rebukes.
The double standard is blatant but familiar. Blacks discriminated against in apartheid South Africa had far better lives and were treated far better than today’s black citizens of Zimbabwe. But just like black-on-black crime in America is essentially ignored, so too black governmental dysfunction and brutality in Africa is also ignored. Wherever whites are not the perpetrators of wrongdoing against blacks, the suffering of blacks is of no interest to the hustlers or their acolytes in the media.
That fatal distraction is the real cause of Trayvon Martin’s death. In the best of circumstances, excluding even the issue of self-defense (if, indeed, George Zimmerman was attacked and his head was being pounded into the pavement, what was he supposed to do at that point but defend himself?), Zimmerman was careless in the use of his firearm like countless others negligently drive their cars or wield their axes while chopping wood. Death by accident is always distressing and leaves a bitter taste, a sense of loss than can never be filled. Accidents do happen, and they are terrible.
The real issue is what can be done to reverse the perception that many young black men pose a threat to civil society, and routinely induce fear in passersby. Certainly, that is unfair to the young black men who are decent and hard-working, who long for a life of normalcy away from the maelstrom that is stirred up by the black activists, many of whom reside in tony white neighborhoods themselves. But that is the challenge for the black community – and for its leadership that has already failed them for decades and shows no signs of reversing course. The attempt to impute racial animus to Zimmerman – even to deny and discount that he is Hispanic – has been as unseemly as it has always been typical.
The real victory for the black community does not lie in further persecution of George Zimmerman but in coming to grips with its real problems, of which the Zimmerman episode is only the latest manifestation.

An Abundance of Riches

Let’s concede at the outset that the process by which Israel chooses its Chief Rabbis is disgraceful, humiliating, over-politicized and demeaning to all the participants. The election date has come and gone without any election; the terms of the previous Chief Rabbis have expired and been extended; and the electoral process itself changes from week to week and is still unclear.
We can also concede that the involvement (even interest) of American Jews is fairly limited. Our lives will not be changed in any meaningful way whether the Chief Rabbi is this one or that one. We have little stake in the outcome, notwithstanding that there is always cooperation between rabbis in both countries and there are consequences to all from any of our actions.
What is being lost – indeed, trampled – in the process is the realization that all of the candidates are wonderful people, fine talmidei chachamim, and outstanding Rabbonim. Every single one of them would serve as Chief Rabbi with honor and distinction, and there are a dozen other Rabbis off the top of my head that would be equally outstanding if they sought and gained the position. The politicking, the campaigning and the media advisers have made this election unseemly, but it should not divert us from the basic reality: we are blessed to have such capable rabbis in their current positions and in the Chief Rabbinate if they are so blessed (if, indeed, that is the right word).
Most of the public’s attention has been focused on Rav David Stav, Rav of the town of Shoham and head of the rabbinical organization Tzohar. Rav Stav is a creative, energetic, dynamic leader who is rooted in the Mesorah but who is unafraid to speak his mind, to break through the inertia of the terminally passive, and to make the Rabbinate more responsive to the people. He is said to be the choice of secular Israelis, among others, because he will look to revise the status quo and renew the role of the rabbinate in Israel. The attacks on him have been scandalous and unfair, but have succeeded – as lashon hara usually does – in making him in the eyes of some into a polarizing figure. That itself is unfair.
The primary alternative candidate now is Rav David Lau, Chief Rabbi of Modiin, with whom I have developed a very warm relationship over the last few years. Son of a former Chief Rabbi, Rav Yisrael Meir Lau, whose life story should be read by and inspire all Jews, Rav David should nonetheless not be perceived as a legacy candidate, driven to higher rabbinic office by the effects of nepotism. He is an exceptional human being – warm, friendly, engaging, personable and dedicated to Torah and Klal Yisrael. By the standards of the Israeli rabbinate, he is unique. I have personally witnessed Rav Lau walk miles on Shabbat morning to participate in the smachot taking place in a variety of kehillot, only because as the city’s rabbi he deems it appropriate. (Few, if any other chiefs, do the same – Rav Shlomo Riskin in Efrat being the exception, but an exception that proves the rule.) That approach, more typical of the American rabbinate, is sorely lacking in Israel. Rav Lau brings that to Modiin, which is why so many will be disappointed if he is elected, because they do not wish to lose him – the greatest testimony to a Rav’s effectiveness.
Both Rav Stav and Rav Lau are excellent orators and teachers of Torah. But this is unique: every Thursday night at 11:00 PM, Rav Lau gives a shiur at a different home in one neighborhood of Modiin, only because people asked for it and he is happy to do it. (I have attended several times myself and even filled in once when Rav Lau was away.) Between 15-20 men come every week, late at night (the class ends around midnight), and Rav Lau enters, banters, takes a topic in halacha or from the sedra and teaches Torah. There is no money, no fanfare, no entourage, no need for the national media to take note of it; just a Rav teaching Torah to eager students, laymen all. He is treasured by religious and secular alike, and his scholarship is apparent from his sefer on halacha (a compendium of different topics) called “Maskil L’David.”
Another illustrious Rav whose name was entered but withdrawn because of an age barrier is Rav Yaakov Ariel, Chief Rabbi of Ramat Gan. He is not only a superior talmid chacham, but a human being of exquisite sensitivity and humility. One example: a number of years ago, the expellees from Gush Katif set up a protest tent outside the Knesset in which they lived for a few weeks while their demands for justice were being considered. I went to visit them to show support. When I arrived, all I saw was Rav Ariel sitting in the tent surrounded by the refugees, giving a shiur, offering words of chizuk, consoling, supporting and identifying with Jews in need. Again – there was no entourage, no media, nothing to record that this was the rabbinate at its best: ministering to Jews, and tending to their spiritual and material needs not to win plaudits or acclaim but simply because it was the right thing to do.
Some candidacies have been placed on the back burner – but they are also wonderful rabbis and people. Rav Eliezer Igra, Rav of Kfar Maimon and Dayyan, is filled with Torah knowledge, depth, integrity, and love of Israel. He fought in the Yom Kippur War under Yoni Netanyahu’s command, and is widely respected, if perhaps the least known of the candidates. While sitting next to him and chatting at an event not long ago, I noticed that he (like me) wears a kippa serugah under a black hat. I didn’t ask him why (I’m not sure why I do!) but it is symbolic of someone who wants to overcome divisions in Jewish life, and doesn’t wish to see the Torah world divided into teams with uniforms.
And Rav Yaakov Shapira, Rosh Yeshiva of Mercaz HaRav and also son of a former, and most revered Chief Rabbi, Rav Avraham Shapira zt”l, is also a strong religious-nationalist and an effective spokesmen for Torah and the land of Israel. His candidacy also seems to have been muted for now, through no fault of his own.
In the Sefaradi world, admittedly less familiar to me, vying for the position of Chief Rabbi are two of the sons of Rav Ovadia Yosef, and also Rav Shmuel Eliyahu, son of former Chief Rabbi Mordechai Eliyahu zt”l. He is the longtime rabbi of Tzfat – a powerful, outspoken defender of Israel, Jewish settlement and Torah – a leader who is unafraid to ruffle feathers and is guided by the truth of Torah in all his endeavors. Another candidate is Rav Ratzon Arussi, a dayyan and Rav of Kiryat Ono, whose Torah works are widely studied but whose outsider status might benefit the Rabbinate in general.
My point is not to choose sides, declare a favorite or to influence any voter; this particular system is broken. It is rather to underscore that all these individuals are splendid Rabbis and human beings, lovers of Israel, who do great honor to the Rabbinate in particular and to the Jewish people generally. The campaigning – including the pathetic leaks, rumors, innuendos and endorsements that are staples of secular elections – should not obscure that fact. Israel is blessed with many fine rabbis. They are the “judges who will be in those days” (Devarim 17:9) whose authority applies to their era. Nostalgia for the past is always pleasurable but often inaccurate. Great rabbis of the past – universally applauded today – were often vilified in their time, and usually by the same type of people responsible for today’s vilifications. (Who knows? Maybe they are all related as well.) That so many people view the Chief Rabbinate as the vehicle for power, patronage, money, jobs and prestige is one reason why the process is so vexing and troublesome. But don’t blame the rabbis for that.
Whoever wins, we should wish him well. Whoever doesn’t win, we should wish him well too, for all Jews should be appreciative that they all will continue to serve God, His Torah and His people.

A Visit to Germany

One of our most fascinating experiences in the recent months did not take place in Israel, but somewhere else entirely. The day after Yom Haatzmaut, Karen and I flew to Germany where we spent almost a week – five days in Berlin and one day in Cologne. Both are very interesting places, but also very sobering places to visit. One visits Germany, if at all, with solemnity. Certainly, I have no grievances against anyone who doesn’t want to visit Germany or buy German products; indeed, I still cringe when I hear the Volkswagen commercial that extols “the power of German engineering.” Such technological expertise was not long ago used to murder millions of Jews.
But there is no country in the world (outside Israel) that has a keener memory of the Holocaust; Germany is saturated in the Holocaust. There are dozens of signposts on the streets erected several years ago commemorating 75 years since the Nazis rise to power. Each signpost contains stories and pictures of what happened in that very place to Jews with real names and families and businesses, Jews who lived there, were persecuted, fled and escaped or were deported to their deaths. Nothing is concealed. Outside the train station nearest our hotel – on Tauentzienstrasse –there is a permanent sign listing the various concentration and death camps to which Jews were dispatched – from that very train station. The Holocaust simply cannot be escaped, a conscious choice that German officials have made.
Remarkably, there are brass plaques called “Stolpersteine,” or “stumbling stones,” on the sidewalks every few blocks – if you look down you can see and read them. These plaques – the tireless work of a non-Jewish German artist – are embedded in the sidewalks in front of apartment buildings where Jews lived, and record (in German), for example, “so-and-so Jew lived here, born 1892, deported to Auschwitz 1942, todt”. In both cities we visited, they were frequent and eerie sights, and the artist continues to add to them every year.
The recognition of the Holocaust is pervasive; in Sachsenhausen, just about 30 minutes north of Berlin, large groups of Germans – young and old – were touring the camp, on a Sunday morning in the spring. And the awareness of the inhumanity of the evil monsters who perpetrated the Holocaust grows and grows. In the bucolic setting of Wannsee, a Berlin suburb, where the infamous conference took place in a beautiful lakeside villa on January 20, 1942, the site now houses a museum that revealed, among other things, that the meeting to decide on the extermination of Europe’s Jews took all of 90 minutes. And not one person there objected to the mass slaughter in which they would all have a hand – and four or five of them escaped real punishment after the war.
Germany is not an easy place to visit –although I thought it would be harder – but it is astonishing that tens of thousands of Jews live there, including thousands of Israelis. In the main shul in Berlin, the Chief Rabbi and the chazzan, fine people, are both Israelis, one older and one younger. They work very hard reaching out to Jews. But I could not suppress one thought – why do Jews live there? Why do they come? Why do they stay? (You can ask that about the Jews of Teaneck too, but that question is coming from a different place.)
In reality, 90% are from the former Soviet Union, and they are awarded substantial benefits and pensions from the German government as soon as they come – as descendants of people invaded by Germany during WW II. There are very few German Jews, very few native Berliners – although I did meet some. Some young immigrants from the old USSR find out – quite suddenly – that they are Jewish and begin investigating Judaism. (The day we visited the shul in Cologne, a large group of much older Jews were practicing for a Russian-Yiddish concert they would soon perform.)
And here is what surprised me: the Kabbalat Shabbat was the most inspiring I had experienced in many years. The singing, the dancing – it was “Carlebach” as Shlomo Carlebach himself would have wanted, not routine but exhilarating. The dancing during Lecha Dodi went on for 25 minutes, but each minute represented a year or two that these Jews had been deprived of their heritage. That morning I had visited the site of Hitler’s bunker where he killed himself – and literally spit on his grave. I enjoyed it – but not as much as I enjoyed each foot stomping during the dancing that night during the davening.
At dinner, the Rabbi told me that almost everyone present was a Baal Teshuva, even those in religious garb. One young man, about 20 years old, is studying engineering, now wears black hat, sports a little beard and soon wants to make aliya. He knows that is his only real chance of remaining Jewish; the rest of his family – they all live near the Belgian border – are uninterested. Another boy recently celebrated his Bar Mitzva, and graciously accepted the Rabbi’s gift of a pair of Tefillin but only on condition that he commit to wearing them every day. He attends public school and is desirous of living a Jewish life –but only time will tell. For him, the next decade will be decisive.
And I noticed one other thing: every shtender (locker) in the shul was locked, and no one had a key. The owners of those shtenders are no longer in this world and took the keys with them. What a message: you can daven in Berlin, and even live there, but there is no future there. The shtender is locked. One cannot leave any inheritance for the next generation.
Why is the Rabbi there? Because there are thousands of Jews who will otherwise be lost to the Jewish people forever. That is his job – to ignite sparks, for this is the last round up before Moshiach. If not now, then when? That is his attitude, with all the hardship that he has– all his children and grandchildren live in Israel, there were recent threats to criminalize Brit Milah, and there are still sporadic attacks on Jews, sometimes from Germans but more often from the large Muslim population. There are great challenges – but the opportunity to save souls is exalted and fleeting. And, of course, that is the attitude of the local Chabad as well, that maintains in Berlin a beautiful, multi-million dollar facility with a kosher restaurant.
Each Jew is a precious soul and each Jew is a nation and a world in his own right. Jews who wish to make a difference lift their heads, step forward and put themselves on the line – even when others are quick to take shots at them. They are the saviors of the nation and the rescuer of souls. What is more exalting than seeing souls reborn and rejuvenated; what is more daunting than knowing that time is short; what is more challenging than knowing that if we too lift our heads, we can have a share in the rebirth of the Jewish people, and see G-d’s blessings descend on His people and His land.

Secrets

Secrets
A few years ago, I visited the headquarters of the National Security Agency (NSA), the nation’s most secretive organization, about 20 minutes or so outside Washington, DC. Well, I didn’t actually visit it. I was right outside – my business was in the vicinity – but stumbled upon it. It is a massive complex surrounded by fences, barbed wire and guard posts. What struck me was that the parking lot contained, without exaggeration, thousands of cars crunched together, and I marveled that the NSA with so many thousands of workers could do its work without leaks or breaches of security.
Hello, Edward Snowden.
Snowden, who presents as such a weird duck that one wonders how he got a sensitive job at all (he didn’t work in that Maryland facility), has taken the liberty – as many leftists do – of harming US security and revealing secrets because of the undetermined and inscrutable cause for which he is fighting. For sure, the reality that private conversations can be monitored and private emails read and intercepted came as a shock to the American civil system that prides itself on personal space and the right to privacy. Granted, government officials claim that no calls/emails of private citizens were invaded, but, understandably, no one really believes them. Usually, it takes time for abuses to surface, if they do at all, and these allegations are simple to deny and difficult to prove. There is some poetic justice in the “most transparent administration of all time,” as the Obama-nation proclaimed it would be, looking to justify its spying when it lambasted prior administrations for doing the same and less. And the IRS scandal, which really pried into and interfered with American lives, is still awaiting its liberal John Dean to blow the lid off the cover-up. Is there anyone in the administration with a conscience, at long last?
Here’s the thing: I don’t really care about the NSA. My life is not that interesting that the government should want to unleash spies to target me and probe my phone calls (few and brief) and emails (even fewer and briefer). I have long felt that the passive but persistent encroachments on personal freedom affect only the criminals, not the law-abiding, in which group I cast myself. The streets of most American cities are loaded with cameras (only the red-light cameras threaten me). Wherever we walk – subway or stores – we are watched by cameras. None of that bothers me; I am not about to mug or shoplift.
The more aggressive and useless invasions of privacy still grate, especially the airport security personnel. It is senseless to search every 75 year-old named Agnes when the real targets are 25 year-olds named Ahmed. Much of it, in any event, is security theater that provides the illusion of security but mainly serves to protect higher-ups from accusations of negligence if, God forbid, something goes wrong. “We followed our standard procedure of strip-searching nonagenarians with hip replacements and we dutifully confiscated the water bottles from screaming children. We must have missed something in that group carrying their prayer rugs who were whining about racial profiling.”
In any event, the Israeli satirical web site Latma (Latma.co.il) had it right when it “reported” a few weeks ago that “Americans are very upset to learn that the government has been spying on their private lives, even before they have a chance to post about it on Facebook.” There is something bizarre about a nation of emotional exhibitionists baring their every secret (and more) in the public domain, and then griping about a loss of privacy. Of course, the government has no right to intrude, and every American possesses a constitutional right to make an absolute fool of himself/herself by reporting on the inanities of their lives and sharing every stray, incomplete thought in incomplete and ungrammatical sentences. But a little self-awareness is also appropriate.
Privacy unappreciated and underutilized tends to dissipate, and in the US, fame and fortune are the rewards for those who can be the most public about what is usually most private. Let us not shed crocodile tears for those whose inner sanctum is breached by others before they have a chance to shatter the walls themselves. Privacy was always a cherished value, lauded by the Torah that grants everyone four ells to himself, and castigates those who reveal themselves or allow others access to their intimate lives. The beginning of Masechet Bava Batra discusses “hezek re’iyah,” the harm that accrues to a person when others can see him and his boundaries are invaded by the sight of others. But there can be no “hezek re’iyah” if we willfully put our lives on display.
Tzniut – modesty, humility – is not only about clothing, but most simply about privacy, about carving out areas in life in which only one’s closest and dearest are admitted. It is a lost value for several reasons, but primarily because the accessibility of our lives to others has led many to get less attention, not more, and immodesty in all its forms – verbal, physical, material – is often just a cry for attention. As every petulant child knows, even negative attention is attention.
A Snowden toils in obscurity until he realizes the acclaim and riches that will be garnered by public exposure of secrets and the betrayal of his country. At least Jonathan Pollard – who should have been released yesterday, ten or twenty years ago, or tomorrow – passed classified secrets to a US ally – Israel – but did not intend to harm America. Snowden did not reveal his secrets to benefit anyone but simply to sow mistrust, weaken the United States and curry favor with anti-American forces across the world. I wonder how he will be treated if he is ever caught.
The Talmud (Sanhedrin 31a) states that it was reported that a disciple revealed a secret kept for 22 years in a certain study hall. Rav Ami kicked him out, saying “this one betrays secrets.” Today, he would go on the talk-show circuit. But secrecy, privacy and modesty are the virtues of refined people. Rashi (Bamidbar 24:5) notes that Bil’am perceived the majesty of the camp of Israel in that their doors did not face each other, so no one could peer into another’s tent.
How quaint. How modest. How beautiful. And how missed is that world.