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Parshat Shoftim - 5779 - "Critical Conversations"


Critical Conversations
Parshat Shoftim - 5779

 Rabbi Shaanan Gelman with Rabbi Ariel Rackovsky

It was a busy Friday afternoon two weeks ago at the “Sharonim” mall in Hod HaSharon, Israel. A young man named Yisrael Hirsch[1] was minding his own business and complete his pre-Shabbos shopping, when he claims a woman began harassing him verbally. It didn’t stop there; in a video that has since gone viral, Hirsch described what happened.
“Something like this has never happened to me before. Apparently, because I am dressed as a Chareidi, someone permitted herself to nearly run me over with her vehicle and scream at me, ‘draft dodger, leave our country!’”
The irony is that this alleged attacker picked on the wrong person! Yisrael Hirsch is one of the  growing numbers of Chareidim who enlist in the IDF annually. He served served a full tour of duty as a paratrooper and is now a commander in the elite Charuv Reconnaissance Unit, serving as an Army Rabbi. I can’t help but wonder whether the alleged assailant would have done the same thing to supermodel Bar Refaeli, one of the most famous and unapologetic of the Israeli draft dodgers. In an interview in 2007, Refaeli said,
I'm not against the army and I really wanted to serve, but I do not regret that I did not enlist, because this decision has paid off big time...What does it matter, Uganda or Israel? For me, it does not matter. Why is it good to die for our country? Isn't it better to live in New York? For what reason do children aged 18 need to sacrifice their lives? It makes no sense that people should die so that I can live in Israel.
While this cultural chasm is nothing new to us- even as we watch from the sidelines- it seems that the Jewish people have long contended with the issue of draft exemptions. Indeed, in this week’s parsha, the Torah describes not one, but four types of sanctioned draft dodgers.
  מִֽי־הָאִ֞ישׁ אֲשֶׁ֨ר בָּנָ֤ה בַֽיִת־חָדָשׁ֙ וְלֹ֣א חֲנָכ֔וֹ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יַחְנְכֶֽנּוּ׃
“Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it.
וּמִֽי־הָאִ֞ישׁ אֲשֶׁר־נָטַ֥ע כֶּ֙רֶם֙ וְלֹ֣א חִלְּל֔וֹ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יְחַלְּלֶֽנּוּ׃
Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another harvest it.
וּמִֽי־הָאִ֞ישׁ אֲשֶׁר־אֵרַ֤שׂ אִשָּׁה֙ וְלֹ֣א לְקָחָ֔הּ יֵלֵ֖ךְ וְיָשֹׁ֣ב לְבֵית֑וֹ פֶּן־יָמוּת֙ בַּמִּלְחָמָ֔ה וְאִ֥ישׁ אַחֵ֖ר יִקָּחֶֽנָּה׃
Is there anyone who has paid the bride-price for a wife, but who has not yet married her? Let him go back to his home, lest he die in battle and another marry her.”
If you grant all of these exemptions, who will be left to fight?  In 2007, Ehud Barak caused an uproar when he characterized the IDF as the army, which is supposed to be the צבא לכל העם- the army for the entire nation, as the צבא לחצי  העם- the army for half the nation. But that is exactly  what would happen here. Between the vineyard planters, the new homeowners, the newlyweds and the coward, everyone would go home!

Perhaps we can suggest that Torah is most concerned about soldiers entering battle while still having unfinished business to settle. In each of these areas, the Torah wants us to engage in honest and difficult conversations. A soldier who has  built a new home should be thinking about what kind of home he would like to create when he inhabits it. This entails talking about spirituality, about values, about the kind of conversations we’d like to have in it, about how we will welcome guests and use it for chessed- and what boundaries we will establish for what is not welcome.   These are not easy conversations to conduct, but one thing is certain: by not having these conversations, we leave the results to entropy or momentum, leading to spiritual decay and physical chaos.

Next, there is the vineyard, which is also a place that requires a deliberate plan of action, and  serious conversation. Who was the first person ever to plant a vineyard? That’s right- it was Noach.
וַיָּ֥חֶל נֹ֖חַ אִ֣ישׁ הָֽאֲדָמָ֑ה וַיִּטַּ֖ע כָּֽרֶם׃
Noah, the tiller of the soil, was the first to plant a vineyard.

Sadly, for Noach, the vineyard proved to be a source of much shame and sorrow.  It tore the family apart, it broke the bond between parent and child as well as siblings, and led the debasement of a once righteous man.
The vineyard is a double edged sword.  On the one hand, it is the source of parnassa in an agrarian society, and even today. Indeed, its chief product, wine, is a source of joy. It is the very instrument whereby we sanctify the Shabbos and Yom Tov, conduct our Seder, name our sons at their bris and bless a union under the chuppah. On the other hand, we cannot forget about the dark side of alcohol, as a source of a lack of moderation and addiction. We have these substances in our shuls, and in our homes. This is another difficult conversation we need to have, especially as our children are getting older, and watching. Is alcohol an occasional indulgence, or a social cornerstone? Is shul a place we go to daven, or the place that boasts the highest concentration of potential drinking buddies? It’s not just alcohol; there are so many other addiction triggers- gambling, illicit internet use, drugs, eating, and the list goes on and on.  Most frighteningly, we are a few months away from legalization of marijuana in Illinois. How will this impact our children?  Without firm policies, it is clear that we will be attending shalom zachors with edibles featured prominently alongside the drumettes and chickpeas! Have we ever spoken about how we will tend the vineyard in our lives? How will we reconcile its grave dangers with its wonderful benefits? Our sages tell us that a true hero, a person of might, is someone who is כובש את יצרו- someone who overcomes his evil inclination. If I may, our generation’s charge is not even to overcome our demons, but simply to be brave enough to acknowledge that those demons exist. Will those among  us who struggle with any of these issues receive  love, support and a non-judgmental attitude from us? The soldier who never had this conversation, or never received assistance, was sent home to settle his vineyard.

Thirdly, there is the newlywed. Here, too, the Torah wanted important conversations to take place prior to engaging in battle. This doesn't just mean that he hasn’t lived as a married man, but rather  that he hasn’t addressed the uncomfortable yet necessary challenges facing every couple- marital intimacy issues, communication (and the two are so closely related), finances, family and overall spiritual and religious goals they have as a couple. It also means speaking with young couples who are dating or engaged about the critical importance of signing the Halachic Prenuptial Agreement, the one method that preemptively prevents agunah situations with 100% effectively. This agreement prevents men from holding women hostage to a Get, and women and men alike holding each other hostage in a marriage  for financial gain or retribution. None of this is healthy, and much of it arises because we don’t have this conversation when we get engaged- we just run off to battle. Another essential conversation is about the importance of genetic testing, to ensure the health of our future children, and the Jewish people. These are uncomfortable subjects to discuss; they are much easier and less awkward to avoid in the moment, and much more costly to defer or avoid in the long term. The Torah urges us to be open with these conversations, because running to war may appear heroic to the rest of the world, while in fact it may serve as an avoidance tactic.  A soldier should not run to save the world without having the conversations to save his marriage.

Finally, the soldier who is simply afraid is the one who fears death. Rabbeinu Bachya describes this as a dual fear- the fear of killing others, and the fear of dying at their hands. Conversations about the end of life may be among the most unpleasant to contemplate, but are also among the most important. Have we ever spoken about death with our children or with ourselves? Because children do think about death, even if we prefer they didn’t, and even if they’ve been blessed never to confront it directly.  Most of us are afraid to talk to them about it.  There’s a poignant moment in Chaim Potok’s “My Name is Asher Lev”  in which this terrifying conversation about mortality is given voice.  Asher is looking at a dead bird when he asks:
"Is it dead, Papa?" I was six and could not bring myself to look at it.
"Yes," I heard him say in a sad and distant way.
"Why did it die?"
"Everything that lives must die."
"Everything?"
"Yes."
"You, too, Papa? And Mama?"
"Yes."
"And me?"
"Yes," he said. Then he added in Yiddish, "But may it be only after you live a long and good life, my Asher."
I couldn't grasp it. I forced myself to look at the bird. Everything alive would one day be as still as that bird?
"Why?" I asked.
"That the way [God] made His world, Asher."
"Why?"
"So life would be precious, Asher. Something that is yours forever is never precious."
If only we were as honest and brave as young Asher’s father.

Beyond the conversation with children, how many of us have made and periodically updated a will or prepared a halachic health care proxy? Have we made our intentions known regarding our burial, or our funerals? Are we positioning our descendants to unite after our passing, or to descend into rancor and recrimination? Saying that we just want our children to get along without having a conversation about how to make that happen is dangerous wishful thinking. In death, as in life, failure to prepare is preparing to fail. 

The exemptions from war represent four categories of people who believe that there will always be another opportunity to worry about critical issues.  Whether it is the ruchniyus of the home, dangerous addictions, warning signs in a marriage and end of life preparations, people who fail to address these issues are fundamentally unfit for battle.  How can they fight to preserve the sanctity of life if they are too timid or too lazy to experience real life themselves?  How can we expect a show of bravery in theater of battle from a soldier who is in actuality a coward?

According to the Sfas Emes, venturing out to battle is not a narrative about a soldier- it’s a metaphor for the soul, and the battles we face in the coming weeks and months. It is no accident that this parsha and next week’s, both of which describe battlefield situations, are always read in the month of Elul. Many of us would rather have a root canal without anesthesia than engage in the kind of introspection and conversation this month demands. What a shame! Elul is a gift, as it puts us in the proper frame of mind to address the challenges that are part of life. I cannot think of a more perfect moment to engage in the necessary yet uncomfortable conversations in our lives.



[1] https://www.kikar.co.il/abroad/328291.html


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