Yom Ha’atzmaut – Israel’s Independence Day
It is Memorial Day for Israel’s fallen. Tonight, the celebration of Israel’s independence begins. In yesterday’s blog, I referred to three sources of discussion of Israel – one by Emanuel Adler on the drift in Israel towards illiberalism, one on the Torah justification for an independent Jewish polity in Israel and a third, the sermon in my synagogue by the Israeli Consul in Toronto. Today I will concentrate on the most basic one, the justification in the Torah, the one considered irrelevant to most Canadian Jews and most others, except for evangelical Christians. The reference to archeology, history, political realities, what Israel has accomplished in Eretz Israel, the Land of Israel, need based on security and humanitarianism as justification for the State of Israel and its domination by Am Israel (the Jewish people) awaits another discussion.
Torah study began with Rashi’s well known question of why the Torah, if it is the constitution of the Jewish people, begins with cosmology. Why does the text not start with Genesis 17:1 when God initially forges a covenant with Abram, renames him Abraham and promises that he will be “a father of a multitude of nations,” not just the Israelites or the Jewish people, but many nations. (17:4) Further, in chapter 8, Abraham is promised that, “I will give the land you sojourn in to you and your offspring to come, all the land of Canaan, as an everlasting possession.”
The answer usually given for starting at Genesis 1 rather than Genesis 17 is that it was necessary to establish that the whole earth was made by and belonged to God and that God was totally free to distribute the land to whomever He chose. Nations are not owners of the land, only trustees. Further, if the Torah is to be followed, there is no prior right to a land by people long settled there before another group of people arrived.
But there is a prior question – why refer to the Bible as a source of authority for establishing a state? Rashi comments on the first Psalm, “But his delight is in the teaching (in Hebrew, the Torah) of the Lord, and, in his teaching, he studies day and night.” Psalm 1 reads:
1 Happy is the man that hath not walked in the counsel of the wicked, nor stood in the way of sinners, nor sat in the seat of the scornful.
2 But his delight is in the law of the LORD; and in His law doth he meditate day and night.
3 And he shall be like a tree planted by streams of water, that bringeth forth its fruit in its season, and whose leaf doth not wither; and in whatsoever he doeth he shall prosper.
4 Not so the wicked; but they are like the chaff which the wind driveth away.
5 Therefore, the wicked shall not stand in the judgment, nor sinners in the congregation of the righteous.
6 For the LORD regardeth the way of the righteous; but the way of the wicked shall perish.
Verse 2 makes it clear that the function of studying Torah is critical to forging an ethical life. Verse 3 declares that an ethical life is sustained by planting oneself in a land where one can be fruitful and creative, implying possibly both a physical land and a land of learning. Whatever else it will be, the land will be one based on the rule of law that must serve the development of an ethical life.
The principle of Judaism, as distinct from the reference points of other nations, including other nations descended from Abraham, is that the Torah, which initially is a possession of (not necessarily written by) God, becomes a possession of Jews when they study Torah. Jews may infer that they have rights to live in the land from their studies, but not (thus far) that they are entitled to a state of their own. Further, there is no suggestion that other nations should not live in accordance with the rule of law for the sake of forging an ethical life and do so in the land of Israel. There is no guarantee that the land of Canaan should be the exclusive territory for Jews or that it is a land on which a Jewish state should be constituted and developed.
Genesis 12:1-7 says:
1 Now the LORD said unto Abram: ‘Get thee out of thy country, and from thy kindred, and from thy father’s house, unto the land that I will show thee. 2 And I will make of thee a great nation, and I will bless thee, and make thy name great; and be thou a blessing. 3 And I will bless them that bless thee, and him that curseth thee will I curse; and in thee shall all the families of the earth be blessed.’ 4 So Abram went, as the LORD had spoken unto him; and Lot went with him; and Abram was seventy and five years old when he departed out of Haran. 5 And Abram took Sarai his wife, and Lot his brother’s son, and all their substance that they had gathered, and the souls that they had gotten in Haran; and they went forth to go into the land of Canaan; and into the land of Canaan they came. 6 And Abram passed through the land unto the place of Shechem, unto the terebinth of Moreh. And the Canaanite was then in the land. 7 And the LORD appeared unto Abram, and said: ‘Unto thy seed will I give this land’; and he built there an altar unto the LORD, who appeared unto him.
In Genesis 13:14-17, the Bible says: “The Lord said to Abram, “Lift up now your eyes, and look from the place where you are northward, southward, eastward and westward: for all the land which you see, to you will I give it, and to your seed forever… Arise, walk through the land in the length of it and in the breadth of it; for I will give it to thee.” In Genesis 15:18, the land promised becomes very extensive. “18 In that day the LORD made a covenant with Abram, saying: ‘Unto thy seed have I given this land, from the river of Egypt unto the great river, the river Euphrates.”
The covenantal promise is repeated in Genesis 17:4-8:
My covenant is with thee, and thou shalt be the father of a multitude of nations. 5 Neither shall thy name any more be called Abram, but thy name shall be Abraham; for the father of a multitude of nations have I made thee. 6 And I will make thee exceedingly fruitful, and I will make nations of thee, and kings shall come out of thee. 7 And I will establish My covenant between Me and thee and thy seed after thee throughout their generations for an everlasting covenant, to be a God unto thee and to thy seed after thee. 8 And I will give unto thee, and to thy seed after thee, the land of thy sojournings, all the land of Canaan, for an everlasting possession; and I will be their God.
There are many promises in these quotes. First, the land is promised to all the nations that spring from the seed of Abraham and not just Jews. Second, the extent of the land promised varies, sometimes extending well into Iraq and through the Sinai desert right up to the Nile River. Since various tribes of Canaanites lived on both sides of the Jordan River, the promise can even be seen to include Jordan. This is confirmed in Deuteronomy 9:1-4:
“Hear, O Israel: You are to cross over the Jordan today, and go in to dispossess nations greater and mightier than yourself, cities great and fortified up to heaven, a people great and tall, the descendants of the Anakim, whom you know, and of whom you heard it said: ‘Who can stand before the descendants of Anak?’ Therefore, understand today that the LORD your God is He who goes over before you as a consuming fire. He will destroy them and bring them down before you; so you shall drive them out and destroy them quickly, as the LORD has said to you.” (Deuteronomy, 9:1-4)
On the other hand, with respect to specific parts of that territory, there is no promise in the Torah that the seed of Judah will reside in Jerusalem, for Jerusalem is not even mentioned once in the Torah though it is referred to approximately 600 times in the rest of the Bible.
There is a more disturbing part of the covenant stated above and repeated elsewhere in the Torah: the settlement of the nations that stem from the seed of Abraham will occupy the land by means of war and not simply ethnic cleansing, but genocide, for the existing nations of Canaan will be expunged from the land: “the Hittites and the Girgashites and the Amorites and the Canaanites and the Perizzites and the Hivites and the Jebusites, seven nations greater and mightier than you, and when the LORD your God delivers them over to you, you shall conquer them and utterly destroy them. You shall make no covenant with them nor show mercy to them.” (Deuteronomy, 7:1-2)
Quite aside from the extent of the land promised and those to whom it is promised, in addition to the land of Canaan, quite aside from the means of acquisition, the land of Israel is promised, not just as a place to live, as a place to thrive, but as a place to study Torah and as a place to raise ethical individuals. Further, Israel is a land where the bones of the seeds of Israel that flow through Isaac and Jacob are to be buried. In Genesis 50:4-14, Joseph keeps the promise made that the bones of his father will be returned to Canaan to be buried next to his first wife, Leah, who bore him his eldest four sons. Even, Joseph, who lived most of his life in Egypt, has his bones disinterred and brought back to the land of Canaan to be buried in Shechem (Hebron). (Exodus 13:15)
In Genesis 50:24-26, just after Joseph had ensured that his father Jacob’s bones would be buried in Israel, Joseph told his brothers and made the sons of Israel swear that, like Jacob, “you shall carry my bones up from here.” This suggests that even more importantly than living an ethical life in accordance with the rule of law on a land promised by God is the promise of burial in that land even if one is raised and achieved success in the diaspora. The fight over burial rights is not exclusive to Israel. In Canada, we recently went through the Oka crisis, a land dispute instigated by Mohawk aboriginal peoples over an allegedly sacred burial site. Near my cottage on Georgian Bay in Ontario, there was a fight over Grave Island claimed by some Ojibway as a sacred burial ground. One reason we fight over land, in addition to the right to live on it, is to die and, more importantly, be buried in that soil.
Israel, therefore, is a land where the “ghosts of the past meet the ghosts of the future,” where one’s deep seated longings are satisfied, where “my father’s store was burned there and he is buried here.” In the “port on the shore of eternity” in “the Venice of God.” (Yehuda Amichai, “Jerusalem 1967”), there shall I be buried insists the ardent Zionist.
But none of the citations of sacred text justifies a Jewish state in Israel or Jerusalem as its capital or Israel as an exclusive state for the Jewish people. Israel is a place for Jews to live, a place for Jews to die and be buried. What else justifies the independence of Israel in a specific boundaried territory? Whatever it is, the state must be governed by the rule of law and dedicated to raising an ethical people if the Torah is to be a guide.
To be continued: Historical and Political Justifications