Is Jacob Ethical? part 4

I have pointed out that Jacob, far from being the "cheat" he is often portrayed as, was, in fact, the righteous man thrown into difficult situations, with his decisions and actions effecting eternity; both for his descendants and the world. Esau is the cunning charlatan, ready to use any and all means to achieve his goals.
The rabbis of the Talmud spoke of Esau as a murderer, a bandit, a rapist. He is the very paradigm of evil, headed for an inevitable  confrontation with the House of Israel. The rabbis, who were suffering great persecution under Rome, saw Rome as the essence of the power and evil of Esau. Rome, and its physical and cultural heirs were seen as Esau, always ready to persecute and deter any efforts to apply the teachings of the Torah. It is an historical fact that the Colosseum in Rome was built with the spoils of the Temple. "If someone tells you that Rome prospers and Jerusalem is in ruins, believe him. That Jerusalem prospers and Rome is in ruins, believe him. That both prosper or both are in ruins, do not believe him". The struggle between the two brothers, already fought in Rebecca's womb, continues.
In Kabbalah, however, there is a very different picture. Abraham is the attribute of Kindness; giving. Isaac is the attribute of Severity; restraint. Jacob is the attribute of Mercy; giving when called for, restraining when called for. This attribute is also called Beauty (Tiferet), for it is the perfect, beautiful balance. Esau is seen not as intrinsic evil, but of a power of good that is unbridled and capricious, expressing itself in acts which HE saw as good, but where, objectively speaking, evil. Think of an atomic explosion. It can, in a nuclear reactor, be controlled (usually!), and provide energy for man. Uncontrolled, it can be a bomb, bringing death and destruction for all. When the brothers were struggling in the womb, the rabbis say that when Rebecca passed a house of idolatry, Esau wanted to get out of the womb and run to it. When she passed a place where G-d was worshiped, Jacob wanted to run to it. But the evil inclination comes only at birth. Why would Esau run to idolatry while in utero? One Kabbalistic interpretation is that Esau wanted to run and destroy the idolatrous temples. Jacob proffered to ignore them, concentrating on the true service of G-d instead.  Once Esau was born, and grew up, he ran to act upon  his righteous indignation. Once there, he saw the art, heard the music, and went over to the Other Side. When one is on a spiritual quest, one may come to G-d, delight in His service, and set an example for his fellow man.However, one may also begin to feel that he is justified in stealing, killing, raping in the Name of G-d. It was these characteristics that Jacob saw as so dangerous.The Kabbalah teaches that before our world, there existed a world of Chaos (Tohu), which was far higher than our world, but completely unbridled. It self-destructed, leaving throughout the Universe sparks of great holiness, which have fallen so far down that they vivify Evil itself. But when a spark is elevated and redeemed, it becomes a source of great good for our world. So Esau is seen as the world of Chaos. Jacob is our world. Jacob seeks not the destruction of Esau, but his rectification. At Jacob's and Esau's last encounter, Jacob promises to meet him later. It never happened. The Book of Obadiah is about that eventual "meeting". But will it be a violent clash, or major surgery to rid Esau of his evil, and harness his great inner strength? Will there be vengeance...or reconciliation? These continue to be two distinct views in our tradition. How it will play out, is known only to G-d.
In my next installment, I will discuss the interaction of Jacob and Laban.

Is Jacob Ethical? part 3

When I attended Hebrew School for my Bar Mitzvah preparation, and later when I attended Torah classes as my interest in Judaism and spirituality grew, one of the basic assumptions in these lessons was the utter brutality and evil of Esau, and the righteousness of Jacob. When I got out into the world, I learned that most people; both non-Jews and non-Orthodox Jews, saw the story of Jacob in the exact opposite light. Even a few Orthodox rabbis saw Jacob as a negative figure, while they waxed eloquent about how wonderful it is that the Bible doesn't hesitate to be brutally honest about the faults and failings of its heroes. The huge abyss between these views seems staggering. Had the Talmudic rabbis "whitewashed" the figure of Jacob?
Against this view, we have the Bible's own statement (Malachi 1:2-3) "...is not Esau a brother to Jacob? says the L-rd, yet Jacob have I loved, and Esau have I hated..." As G-d is no respecter of persons, this would seem to indicate that there is more to the story than meets the eye.
We are told that Jacob  was "Ish Tam yoshev ohalim". This can mean a "simple man who dwells in tents", or "a perfect man who dwells in tents". In the latter case, it is understood as the "Tents of Torah". That is, he was a spiritual man. If the former is true, that it means "simple", The picture of Jacob is anything but simple. It would mean "uncomplicated, without ulterior motives". Esau, on the other hand is called "a man of the hunt". Hunting can be for food, or it can be for sport. If the latter, what type of person gets pleasure from killing? We are told that Isaac loved Esau "for the hunt was in his mouth". Is that the praise of our father Isaac, that he preferred one son over another because he had "a thing" for venison? Rather, this is understood by the rabbis to mean that there was guile and deception in his words. He could go out, commit acts of violence and corruption, but, like a skilled politician, give the impression of a champion of justice and right. Rebecca, the boys' mother, saw through him; Isaac was deceived. The birthright and the blessing of Isaac implied more than who would inherit  the family's camels. It meant the inheritance of the Covenant between G-d and Abraham, which had been renewed with Isaac. It meant who would father the nation of Torah, who would inherit the Holy Land, to whom would the task of being a Light unto the Nations be given? Isaac  had been deceived. Jacob and Rebecca could clearly see that not only the future of Abraham's legacy was at stake, but the entire purpose of G-d's creation of the world and man!
Jacob is faced with the dilemma of the ethical man in the unethical situation. Should he dishonor his father's wishes, although based on false information? He expresses this concern to Rebecca "I might be a deceiver in his eyes!" Or should his loyalty be to G-d, to his descendants, indeed, to mankind? What would you do?
I wrote in part 1 that this would be a three part analysis. I see that it will take more. I hope you will forgive me and bear with me. In the next installment, I shall further analyse Esau. After that, well need to discuss Jacob's dealings with Laban. This topic is not just about what happened 3500 years ago, but is about the struggles of every man and woman in all times, in all places.

Is Jacob Ethical? Part 2

Some 45 years ago, a man who had a great impact on my life, the late Rabbi Norman Frimer, wrote an article entitled "When is a Lie Permissible". One may well ask IS a lie permissible? Only then can we ask "When?"
We read in the Torah ",,,keep far from a false thing..." (Exodus 23:7). However, this is written in the context of judicial proceedings. We are not to plot against someone on trial by bearing false, or even simply deceptive witness. The rabbis see deception in business not as "a false thing", but as downright theft. There is no other prohibition concerning lying in the Torah. If I see my neighbor, and he says "Good morning, how are you?", must I tell him about my sinusitis or my hemorrhoids? No! A simple "I'm fine" is called for, even if strictly speaking it is a lie. The rabbis make clear that lying is acceptable if intended to avoid embarrassment, either to myself or others, or in order to bring peace between people. This is with the proviso that no deception or fraud is involved, as would be the case of lying about one's health to an insurance company.The rabbis, commenting on the fact that the Israelites mourned more for Aaron than they did for Moses, explain that Aaron would go to disputing neighbors or spouses, and say that the other person regrets very much what has happened, realizes that they are in the wrong, but is too ashamed to admit it...so please make up! Wasn't that a lie? Of course. But it saved friendships and marriages. The truth, in this instance, would have been a disaster! This, say the rabbis, is why Aaron was so beloved. It is true that the rabbis speak of some people who would never lie, even in these cases, but these are seen as a cases of extreme piety, and not always commendable.
Just as we find the permissibilty of lying for peace and for avoiding embarrassment, we also find it right to use it to prevent being cheated. There are two chapters of the Talmud devoted to this. (The sixth and seventh chapters of Baba Metzi'a). I'm about to make a wedding in my family. All the preparations have been made. I hired a band for $1,000 for the evening. Fifteen minutes before the wedding, the musicians come, and say that they will not play for less than $3,000. What am I to do? The wedding will be ruined. Must I accept their extortion? The Talmud rules that I may agree to the $3,000 demand...and then pay only the original agreed upon price of $1,000. I may not seek to "get even" and refuse to pay at all. They are entitled to their wage, and I am entitled to a fair deal. Again, some religious and philosophical traditions would say that I must accept the extortion, or else allow the wedding to be ruined. Torah says that fairness and justice must reign. Just as there is self defense in warding off bodily harm, so is there in protecting property and dignity! But I may not allow my pride to make an unjust situation. I have deflected the attempt at humiliation and unethical treatment, but I may NOT perpetrate an injustice in return. They must be paid, but only what was agreed upon. I must not return evil for evil.
How does this all apply to the story of Jacob? That will be my next installment.

Is Jacob Ethical? Part 1

Shortly after World war I, the great powers passed a remarkable law. It was called the "Kellogg Briand Pact".  It outlawed war! Never again would nations resort to violence as a means of solving issues. Mankind would no longer suffer the the horrors of war, after having seen its horrors in the first World War! Now, how has that worked for us? Many nations have laws banning discrimination and racism. In those lands, have  discrimination and racism disappeared?
The Torah is the greatest work of morality and champion of human rights and dignity in the world. Yet, many institutions that are far less than noble are enshrined in the Torah, but vastly limited. In the ancient world, a ban on slavery would have been completely ignored. The Torah does not forbid slavery, but so limits its parameters and conditions, that the rabbis of the Talmud say: "He who buys a slave, buys a master". The institution died a natural death in Jewish life. One of the realities of war is, tragically, rape. The Torah (Deut. 21:10-14) doesn't forbid it, but rather sets conditions that are calculated to cool the soldier's passions. He must take her home, allow her to mourn, and then marry her! The rabbis comment "the Torah is speaking with the Evil Inclination in mind". (Dibrah Torah k'neged Yetzer hara). In all the Divine legislation, human frailty is taken into consideration, and realistic boundaries are set, with the eventual goal of the permanent improvement of Man's moral fiber.
Some religious and philosophical traditions forbid violence and falsehood under ANY circumstance. Some interpretations of non-violence urge a person to die rather than defend himself, or to allow himself to be dehumanized with all manner of injustice, but to maintain silence. This is not the Torah! Self defense, whether on the individual or communal level, is stipulated in the Torah. "If one is coming to kill you, rise early to kill him" say the rabbis. However, if possible, we are only to use the minimal force needed to save ourselves.
We are dealing with the conundrum of "the ethical man in the unethical situation". I shall attempt to outline the approach to the Torah and the Halachah (Jewish Law) to this topic, and relate this back to the story of our Father Jacob.