Acharei-Mot – 16 April 2011 – 12 Nisan 5771
I had been engaged in dialogue for two years with an imam from the Middle East, a gentle and seemingly moderate man. One day, in the middle of our conversation, he turned to me and asked, “Why do you Jews need a land? After all, Judaism is a religion, not a country or a nation.”
I decided at that point to discontinue the dialogue. There are 56 Islamic states and more than 100 nations in which Christians form the majority of the population. There is only one Jewish state, 1/25th the size of France, roughly the same size as the Kruger National Park in South Africa. With those who believe that Jews, alone among the nations of the world, are not entitled to their own land, it is hard to hold a conversation.
Yet the question is worth exploring. There is no doubt, as D.J. Clines explains in his book, The Theme of the Pentateuch, that the central narrative of the Torah is the promise of and journey to the land of Israel. Yet why is this so? Why did the people of the covenant need their own land? Why was Judaism not, on the one hand, a religion that can be practised by individuals wherever they happen to be, or on the other, a religion like Christianity or Islam whose ultimate purpose is to convert the world so that everyone can practice the one true faith?
The best way of approaching an answer is through an important comment of the Ramban (Rabbi Moses ben Nachman Girondi, born Gerona, 1194, died in Israel, 1270) on this week’s parsha. Chapter 18 contains a list of forbidden sexual practices. It ends with this solemn warning:
Do not defile yourselves in any of these ways, because this is how the nations that I am going to drive out before you became defiled. The land was defiled; so I punished it for its sin, and the land vomited out its inhabitants. But you must keep my decrees and my laws . . . If you defile the land, it will vomit you out as it vomited out the nations that were before you. (18: 24-28)
Nahmanides asks the obvious question. Reward and punishment in the Torah are based on the principle of midah keneged midah, measure for measure. The punishment must fit the sin or crime. It makes sense to say that if the Israelites neglected or broke mitzvot hateluyot ba’aretz, the commands relating to the land of Israel, the punishment would be exile from the land of Israel. So the Torah says in the curses in Bechukotai: “All the time that it lies desolate, the land will have the rest it did not have during the sabbaths you lived in it” (Lev. 26: 35), meaning: this will be the punishment for not observing the laws of shemittah, the sabbatical year. Shemittah is a command relating to the land. Therefore the punishment for its non-observance is exile from the land.
But sexual offences have nothing to do with the land. They are mitzvot hateluyot baguf, commands relating to person, not place. Ramban answers by stating that all the commands are intrinsically related to the land of Israel. It is simply not the same to put on tefillin or keep kashrut or observe Shabbat in the Diaspora as in Israel. In support of his position he quotes the Talmud (Ketubot 110b) which says, “Whoever lives outside the land is as if he had no G-d” and the Sifre that states, “Living in the land of Israel is of equal importance to all the commandments of the Torah.” The Torah is the constitution of a holy people in the holy land.
Ramban explains this mystically but we can understand it non-mystically by reflecting on the opening chapters of the Torah and the story they tell about the human condition and about G-d’s disappointment with the only species – us – He created in His image. G-d sought a humanity that would freely choose to do the will of its Creator. Humanity chose otherwise. Adam and Eve sinned. Cain murdered his brother Abel. Within a short time “the earth was filled with violence” and G-d “regretted that he had made human beings on earth.” He brought a flood and began again, this time with the righteous Noah, but again humans disappointed by building a city with a tower on which they sought to reach heaven, and G-d chose another way of bringing humanity to recognise him – this time not by universal rules (though these remained, namely the covenant with all humanity through Noah), but by a living example: Abraham, Sarah and their children.
In Genesis 18 the Torah makes clear what G-d sought from Abraham: that he would teach his children and his household after him “to keep the way of the Lord by doing what is right and just.” Homo sapiens is, as both Aristotle and Maimonides said, a social animal, and righteousness and justice are features of a good society. We know from the story of Noah and the ark that a righteous individual can save themselves but not the society in which they live, unless they transform the society in which they live.
Taken collectively, the commands of the Torah are a prescription for the construction of a society with the consciousness of G-d at its centre. G-d asks the Jewish people to become a role model for humanity by the shape and texture of the society they build, a society characterised by justice and the rule of law, welfare and concern for the poor, the marginal, the vulnerable and the weak, a society in which all would have equal dignity under the sovereignty of G-d. Such a society would win the admiration, and eventually the emulation, of others:
See, I have taught you decrees and laws . . . so that you may follow them in the land you are entering to take possession of it. Observe them carefully, for this will be your wisdom and understanding to the nations, who will hear about all these decrees and say, “Surely this great nation is a wise and understanding people” . . . What other nation is so great as to have such righteous decrees and laws as this body of laws I am setting before you today? (Deut. 4: 5-8)
A society needs a land, a home, a location in space, where a nation can shape its own destiny in accord with its deepest aspirations and ideals. Jews have been around for a long time, almost four thousand years since Abraham began his journey. During that period they have lived in every country on the face of the earth, under good conditions and bad, freedom and persecution. Yet in all that time there was only one place where they formed a majority and exercised sovereignty, the land of Israel, a tiny country of difficult terrain and all too little rainfall, surrounded by enemies and empires. Only in Israel is the fulfilment of the commands a society-building exercise, shaping the contours of a culture as a whole. Only in Israel can we fulfil the commands in a land, a landscape and a language saturated with Jewish memories and hopes. Only in Israel does the calendar track the rhythms of the Jewish year. In Israel Judaism is part of the public square, not just the private, sequestered space of synagogue, school and home.
Jews need a land because they are a nation charged with bringing the Divine presence down to earth in the shared spaces of our collective life, not least – as the last chapter of Acharei Mot makes clear – by the way we conduct our most intimate relationships, a society in which marriage is sacrosanct and sexual fidelity the norm.
That contains a message for Jews, Christians and Muslims alike. To Christians and Muslims it says: if you believe in the G-d of Abraham, grant that the children of Abraham have a right to the land that the G-d in whom you believe promised them, and to which He promised that after exile they would return.
To Jews it says: that very right comes hand-in-hand with a duty to live individually and collectively by the standards of justice and compassion, fidelity and generosity, love of neighbour and of stranger, that alone constitute our mission and destiny: a holy people in the holy land.
Reprinted with permission from Covenant & Conversation by Rabbi Jonathan Sacks published by OU Press and Maggid Books, an imprint of Koren Publishers Jerusalem, www.korenpub.com. Available at www.OUPress.org