One of today’s biggest meta-issues is inclusivity. People hate being “not allowed” in places or contexts where they wish to be included. While today most people readily agree that Jim-Crow laws and “no blacks allowed” restaurants were abhorrent, there are definitely those today who feel that biological males who identify as women should not be allowed to participate in women’s sports. There are now girls in the boyscouts, white students at HBCUs, boys at Girl’s High (a historic girl’s only highschool in Philadelphia), men at Sarah Lawrence College, girls in fraternities and the list goes on and on. Exclusion is no longer tolerated. I’m not coming here to take a side, but only to demonstrate that at the heart of today’s controversies lies the issue of inclusivity or exclusivity.
On Shavuot we delved deeply into how identity is formed, and along what lines do we separate “us” from “them”. Nowadays, any labeling of a group as “other” on the basis of race, religion, ethnicity, gender, sexual orientation or disability is labeled as hateful, and institutions which treat different people differently get labeled as apartheid, racist, homophobic etc. There is now an absolute intolerance for intolerance, and exclusion has become the cardinal sin of our era.
Now, we Jews know all too well the feeling of being excluded, shunned, labeled as “other” and therefore subjected to all manner of evil. Consequently Jews have been at the forefront of many struggles for equality, including communism, the civil rights movement, and feminism. There are many Jewish liberals among today’s “woke”. Even Zionism can be seen as the liberation movement of the Jews, and insisting upon our right to equality as our own sovereign nation.
Clearly there’s a “Holy Spark” hidden within these movements. An essential Torah truth to which Jews are drawn, perhaps subconsciously, even though they may not know it’s Torah. On the contrary many Jews throughout the years have rejected Torah observance in favor of pursuing these struggles for equality and freedom. There is something so important, so foundational a principle that pursuing it overshadows their commitment to the details of Torah.
Meanwhile, you cannot look at the Torah and not see a heavy dose of exclusivity. There are countless cases in which a Jew is treated differently than a non-Jew. From counting in a minyan to lending without interest, we are commanded to treat our fellow Jews in a particular manner which is not extended beyond our covenant. Even within the Jewish people there are numerous distinctions amongst people and laws about how they are to be treated differently. Kohanim, Leviim and Yisraelim are different. Men and women have different halachic responsibilities and therefore are not treated the same in shul. Women do not count towards the requisite quorum of a minyan. They don’t lead the prayers or read from the Torah. But ask any orthodox rabbi if women are somehow ‘lesser than’ or ‘inferior to’ men and not a single one will say yes. It’s not about a hierarchy of value of people. It’s about specialization of design. The heart is not better than the kidneys nor vice versa, they simply have different functions. This is the key categorical difference between the halachic distinctions in the Torah and segregation based on race, sexuality or anything else.
Let’s look for an example in Parshat Nasso. Numbers chapter 5 opens with the expulsion from the camp of anyone carrying certain categories of tuma.
“Hashem spoke to Moses, saying: Instruct the Israelites to remove from the camp anyone with a skin eruption or a genital discharge and anyone defiled by a corpse. Remove both male and female alike; put them outside the camp so that they do not defile the camp of those in whose midst I dwell.
The Israelites did so, putting them outside the camp; as Hashem had spoken to Moses, so the Israelites did.”
Can you imagine what would happen if the city of Vancouver declared that anyone who had a genital discharge or a skin discoloration had to leave the city? After the pandemic, it’s not so hard to believe that given the right media spin, many people would be compliant, but certainly not everyone. In Texas, it would look very different, but even here, I would expect there would be some serious opposition and it would be seen as discriminatory. I doubt that kind of edict would even be legal in today’s free societies. It would certainly be found unconstitutional in the US. Such a law would alienate certain people, dubbing them as “other” and removing them from our midst. This itself is the cardinal sin of differential exclusivity. And yet it’s right there in the Torah. We don’t want those people around because they defile our Holy camp. But, is that really so different from Nazis not wanting Jews corrupting their pure German culture?
Yes, my friends, it is. It is incredibly different, and looking at this difference identifies what I believe is that Holy Spark chased by Marx, Herzl, Heschel and even contemporary Jewish social justice warriors like Dr. Rachel Levine (US deputy health secretary – an openly trans-Jewish woman who is an outspoken advocate for ‘trans rights’) as well as countless young Jews who participate in anti-zionist groups like BDS.
Most often, discriminatory policies and hatred of the “other” come from objective value judgment. The Nazis believed themselves to be essentially superior to us. They are good, we are bad. Homophobia often carries with it a value judgment of homosexuals being somehow unnatural or morally inferior. “We don’t want to mix with them because they are bad” has been the mantra of hateful folks for as long as they’ve been around. Unfortunately, sometimes that attitude surfaces even among Jews, and even among Torah observant Jews. This is terribly sad, and in my opinion, (and I believe Rebbe Nachman’s and Rav Y.D. Soloveichick’s as well) is a terrible corruption of Torah thinking. The Torah is not bigoted! Distinctions and halachic categories are the exact opposite of good/bad value judgment.
Being Tamei doesn’t mean you’re bad. It doesn’t mean we don’t want you around. Quite the contrary. It means God and we see you and accept you exactly as you are. With what you’re going through, the Torah prescribes some time of solitude for you to work on yourself inwardly and then gives us instructions for a specific ritual to facilitate your reintegration into the community. Halacha does not judge a person or an object. It doesn’t really even describe it, and makes absolutely no attempt to be objective. Halacha is always subjective and always prescriptive. Something being un-kosher doesn’t mean it’s bad. It means that we must relate to it in a certain way. It’s about us, not about the food. The same goes with people. It’s not that Kohanim have access to parts of the Temple that Israelites do not because they ‘better’. They have different responsibilities. There is no value judgment, only instruction.
Rebbe Nachman in Likutey Moharan and Rav Soloveichik in Halachic Man both teach that halacha is the remedy for the essential poison of the Human condition – “The Knowledge of Good and Evil”. Remember that tree we weren’t supposed to eat from? It would be more helpful to translate it as “thinking in terms of good and bad”. This kind of value judgment thinking is toxic to the core. It attempts to describe everything in objective terms, and when applied to a person, turns them into an object. It dehumanizes them in the poisoned mind. Instead of thinking “this is good and that is bad”, Halacha teaches us how to relate to people and things. To accept everyone and everything exactly as it is and move towards a harmonious relationship with them based on the Torah’s instruction.
Herein lies that elusive Holy Spark. Jews instinctively know that value judgment thinking, particularly around people, is precisely that poison God instructed us not to eat. Wheresoever this “we’re better than them” attitude shows itself, Jews will rise to combat it. This essential truth is what drives us to combat hatred and discrimination in the name of “Tikkun Olam”, even (or especially) when it’s us doing it.
The true remedy for this ancient ailment of humanity is the Torah, The Tree of Living. Looking at the world in every situation with eyes of “How can I help implement God’s vision?” “What does the Torah instruct me to do here?” This is the great gift given to us mt. Sinai, the antidote to that poisonous fruit we are all still struggling to purge from our collective psyche.
Shabbat Shalom.
Rabbi Shlomo Schachter
