Kol Nidre 9
Tishrei 5768 / September 21, 2007
Shortly before we
left for our New Mexican vacation, I received a copy of Preservation,
the magazine of the National Trust for Historical Preservation. It featured a
story on a Native American community in
Our guide Alexander
was verbrent, to use a Yiddish term. He was impassioned; committed to his
heritage. We were intrigued by the fact that the
After the tour we
walked around a bit and did a little shopping. Hey, what is a trip without
coming home with some souvenirs? The previous day we had done some scouting in
Since Native
Americans did not develop a written tradition, they depended upon story tellers
to convey their past to the present. And therefore it is no wonder that other
than their attractiveness as tchochkes for us tourists, ceramic storytellers
are an important reminder of how traditions were conveyed in that culture. As
we discovered at a wonderful museum in
Do we Jews have
stories to convey? As I was reminded the other day by a commercial for
Certainly, six
months from now, we will: that is to say the Haggadah represents a very
rabbinic form of narration of the wonders of the Exodus experience and its
enduring meaning for us. The volume you hold in your hands, the Mahzor, is also
a statement, albeit a poetic expression of theology and it contains within mini-narrations,
most notably the Avodah service, the recollection of the ancient Yom Kippur
ritual, and the martyrology. (Stick around tomorrow afternoon and you’ll get to
hear them.) And if you think about it, the Torah is our primal story, but far
from the complete story.
Do you remember the
story of Abraham smashing the idols in his father’s shop? He smashes the idols
as a symbol of his newly discovered monotheism and places the offending ax in
the hands one of the idols. When his father sees this and that his business is
literally in pieces, Abraham cops a plea: “They got into a fight.” “Nonsense,”
was his father’s response: “they can’t move.” “Let your ears hear what your
mouth speaks,” is Abraham’s acerbic response. Great story. But guess what? It
isn’t in the Torah. It is part of what began as an oral tradition: it is from
the midrash and along with a host of other stories many of us learned as
children are part of our story telling culture, except unlike the Native
Americans, many of our tales were ultimately written down.
There are other
stories of more recent vintage that we know in full or in part: the story of
the Shoah, the Holocaust, including the heroism of those in the Warsaw Ghetto
and the commitment of some to Tradition even at death’s edge; the miracles of
the battles for
All well and good
for the Jewish narrative. It is important. It links us across time and space to
fellow Jews. It is why hundreds of thousands turned out over the years for
Soviet Jewry rallies and rallies in support of
But at the heart of
the Jewish enterprise is not narrative but law. Let’s use the Hebrew word:
mitzvah.
If God forbid one
of the Torah holders for Kol Nidre had let slip the Torah and it dropped to the
floor would we be obligated to fast—all of us—from now until November? I bet
that some of you would have responded that it’s a mitzvah to fast for 40 days
in such a case. And by the way this is not an idle question, as one of my
colleagues wrote that something similar happened on Rosh HaShanah in his shule.
The Torah apparently slipped out of the Torah stand and fell to the bima. How
do we know the answer to that question?
We ask the rabbi.
Well, that was easy enough. And if he/she doesn’t know he asks someone else and
so it goes and eventually sources and texts are cited and examined for
guidance. But behind this voluminous literature stands the concept of mitzvah. Not
mitzvah in the sense of “Oh, young man, you performed a mitzvah, you helped an
old lady with her packages;” but rather in the sense of commandment, Jewish
life as an expression of our understanding of God’s will. Just in case you wonder about the fasting:
the tradition is quite late—it is not in the Torah nor the Talmud nor in the
Shulchan Aruch and is first mentioned in the second half of the 17th
century--; and the 40 day fast is not universally proposed for the one who
dropped the Torah, let alone for on-lookers; there are other more moderate acts
of penance suggested. And so Rabbi David Golinkin, who researched the issue,
seems to conclude that a new Torah mantle and some Torah study would be
appropriate acts of penitence for the fallen Torah.
Why do we do what
we do as Jews? My bet is that most of us practice Judaism in a-halachic,
non-legal fashion; that is to say, we have fashioned for ourselves a Judaism
based on what feels good and right for us, perhaps based on what we learned in
our homes and what we have absorbed over the years. We have a salad bar
approach to Jewish life: some of us load up on more goodies; others opt for a
lighter diet. The new chancellor of the Seminary, Arnold Eisen, speaks of the
sovereign self as directing our choices. And frankly, he is right: most of us
may be sitting here because we like the nature of the service or because our
friends and/or family like the more traditional service than down the street at
For better or for
worse, and personally I still think for the better, despite calls to abandon
the phrase, for ½ a century now, since my father edited the anthology on
Conservative Judaism called Tradition and Change, that phrase has
encapsulated what we think of Conservative Judaism: more bound to the tradition
than Reform and more open to change than Orthodoxy. But note that ideologically
and theologically, Conservative Judaism does not endorse the sovereign self as
the determinant for Jewish praxis. There remain standards: there is still the
realm of mitzvah.
Rabbi Elliot Dorff,
the new chair of our Law Committee, has written: “Even those who believe in God
are often not happy with the tradition’s insistence that God demands obedience,
for that takes away one’s right to decide what to do…The tradition’s claim that
Jewish law is commanded by God, in other words, eliminates one’s autonomy,
one’s right and ability to make one’s own decisions.”
Recently, my
father-in-law attended the Young Israel in
How does one reach
a state of commandedness? Is there a leap of faith required? How do we get
there?
The story is told
that prior to the First World War, Franz Rosenzweig, a young German Jewish
student of philosophy was seriously contemplating conversion to Christianity,
following in the footsteps of his cousin. But he decided that he should enter
Christianity from Judaism and so he decided he should give Judaism a final
goodbye: he would attend synagogue on Yom Kippur. His parents, though quite
acculturated, were less than pleased with his planned actions and so he found
himself alone, attending an Orthodox congregation in
So we are left with
our own struggles with the concept of Mitzvah, unsure of the commanding voice
of a Mitzaveh, of one who commands. The tradition teaches Metoch Lo Lishmah,
Bah Lishmah, that since the deed is ultimately pre-eminent, do the deed,
and then perhaps you will yet perform it with the right intent, as a command.
In the absence of that sense of commandedness, what do we have? The Tradition
speaks of Ta’amay HaMitzvot, the reasons for the mitzvot. And so we can
perceive the commandments as providing guidance and structure, a sense of
organic community. We perform the mitzvot out of a sense that they represent
the core of Jewish culture: this is what Jews have done and continue to do. I
could define the last approach as Kaplanian, but to label it as such does
little to define the solution and more to obscure it for most of you.
It is true that our
sense of what mitzvah and of the larger construct Halachah evolves. In this
regard Conservative Judaism is absolutely correct. We’ve wrestled with what
life and death means in the age of heart-lung machines and transplants and
offered guidance in the new field of bio-ethics. We’ve struggled with expanding
roles for women and now more recently for gays and lesbians. We do so out of a
desire to discern God’s commanding voice, as filtered through the ages. And so
to agree to perform mitzvot doesn’t mean one has to buy into a closed system
where tradition becomes ossified.
Sunday evening
minyan is my favorite evening minyan, though I admit it sometimes an
inconvenience, as it often necessitates my racing back from
Our guide in Acoma,
Alexander said that the philosophy of the Native Americans is not what he
learned on his track team, that is push
yourself and run faster, rather it is “deliver the message.” For delivery of
the message is the ultimate goal. And that is true for Judaism, as well. What
message are we delivering? What story are we re-telling? To transmit the tradition
we have to be knowledgeable (consider this a plug for adult ed) and to be its practioneers.
The challenge for the year ahead is to make sense of mitzvah and its place in
our lives. The stories we tell unfold in the mitzvot we perform.
G’mar Chatimah
Tovah.