"And I will walk among you, and

will be your God, and ye shall be My people."

(Leviticus 26, 12)

"And I will walk among

you" – I will stroll with you in the Garden of

Eden as one of you and you shall not become shocked because of Me; but will you

not fear Me?

"And I will become your

God" (Genesis,

3, 8)

The phrase 'and I shall walk

among you' should not be understood that it refers to a specific

physical body but rather to the soul in the next world, as is written

'walking in the garden (of Eden).

(Rashi ibid,

ibid)

Chazal

interpreted this verse 'and I walked among you' (Sifra

Behukotai Chapter 3, 3): God

will walk with the righteous in heaven and honor them. He compared it to the

pleasure obtained by dancing in a circle dance, for a circle has no beginning

and no end and that ecstasy has no limits to pleasure and purpose, because the

circle revolves around a central point, as it is written, 'and His presence is

amongst them'. Also mentioned here 'among you', because He claimed that 'dance'

refers to Israel

and Himself to the center point. And then He said, 'and I walked amongst you',

Concluding with, 'and I will be your God', similar to what was later said by

the Sages (B.

Taanit 31b)' and all

would point with their fingers', as is written (Isaiah 25 ,9)

'Behold, this is our God', and this is an allegory for embracing the perception

and the knowledge of something, as one who has knowledge of his

friend and he sees him and knows him clearly. However one should not understand

this phrase as if it pertains to something or someone standing in front of you,

but rather the text refers to Moshe, about whom it is said: 'for as for this

Moses, the man' (Exodus

32, 23); the people were already familiar with

him even though he was not standing in front of them.

 And it becomes evident

that here it refers to the rewards of the world of souls combined with the

physical designations and (the text) relies upon the mind of the enlightened

person to correctly comprehend this.

(Leviticus 26, 9 R. Bachya)

From the Covenant to a Convention

Meyer Rubin Zalevsky

Dedicated to the memory of my

father

Prof. Shaul

Zalevsky z"l

And to my mother Yardena שתח'

With Love

A. Model for a Covenant

Parashat

B'hukotai contains less than two chapters (36, 3-27 and

chapter 37) plus the parsha

containing the 'Blessings and Curses'.

In the

modern biblical interpretation it is acceptable to consider this parsha as the conclusion of the book of Leviticus or to the

covenant that it contains, one similar to ancient models of covenants in the

ancient Near East, a listing of rules which must be observed, the obligations

of each of the parties to the covenant, and at the end, the blessings for its

observance and curses upon the violators of the agreement. In Leviticus,

chapter twenty-five, we have the laws of the Sabbatical and Jubilee years, the

releasing of slaves and the redemption of houses and lands in the jubilee year,

important principles aimed at ensuring a society of servants of God, yet at the

same time, free men. (World of the Bible, Leviticus, chapter 25)

Chapter

26 contains the blessings for those who observe the covenant and the curses for

its violators. Indeed, we are told three times in the list of curses that the

land 'desires its 'Sabbaticals' and states the punishment for

non-compliance with those ordinances. Israel was severely punished by

being cast into exile from its land, leading us to conclude that the covenant

was indeed concluded about these issues.

A

careful examination of the structure of the covenant also reveals that this is

one unit that includes an opening chapter (25) "The

Lord spoke to Moses on Mount Sinai, saying," and concludes at the end of

Chapter 26 with the words "These are the statutes and ordinances and laws

which the Lord concluded between Him and the children of Israel at Mount

Sinai by Moses"', but It is also possible that the covenant also

includes the mitzvoth discussed earlier in Leviticus.

The

covenant includes mutual commitments: Israel is required to keep the laws

listed in the covenant and God in turn undertakes the blessings of adequate

rainfall and bountiful crops, the security and peace of the people, the

deterrence of their enemies, and to increase the population of the country,

"And I will have respect unto you, and make you fruitful, and multiply

you; and will establish My covenant with you." (26, 9)

The 'sword' motif appears on both sides: (26, 6)

– In the blessing – "And a sword will not pass through your

land" and in the curses – "And I will bring a sword upon you

that shall execute the vengeance of the covenant" (26, 25)

One of

His

people?

The

Torah seems to relate to these difficulties in verse 44. "And yet for all

that, when they are in the land of their enemies, I will not reject them,

neither will I abhor them, to destroy them utterly, and to break My covenant

with them; for I am the LORD their God." Thus, God is obligated to His

commitment even when Israel

on their part breaches the covenant. Eventhough Israel loathed and despised the laws, the text

says that God, even though He hates and despises Israel,

will not exterminate them implying that the covenant is absolute even if the

people of Israel

violate it,. The terrible tragedy is the violation

of the absolute covenant and not the exile of the nation and other

punishments emanating from the breaching of the covenant by Israel.

But

there are conditions – the people are required to repent from their sins in

order to win His grace: "if then perchance their uncircumcised heart is

humbled, and they then are paid the punishment for their iniquity". (V. 41),

the question now is – what would happen if they do not repent for their sins?

Is God's grace (and not the covenant) an absolute or is it contingent upon 'teshuvah'? If repentance is a condition for God's grace,

the problem becomes – what if repentance does not necessarily happen, and even

if they do not return to God, will He not break His covenant – if so, how can

the deteriorated condition of the people be improved? Is a sinning nation

worthy of redemption?

The

prophets referred to this problem of the covenant, its violation, the ensuing

punishment and the return to the covenant. They suggest a few options to end

the exile and the punishment of Israel:

One

– the punishment was temporary and measured and it was time of the redemption.

For example, (Isaiah

40): "Bid Jerusalem take heart, and proclaim unto her,

that her time of service is accomplished, that her guilt is paid off; that she

hath received of the LORD'S hand double for all her sins." The attribute

of stringency is here dominant; indeed the attribute of law rules here and the

punishment was over, but there is also a note of love and mercy from God.

I

abandoned you for one brief moment, but I will bring you back. In

a surge of anger I hid my face from you for a moment, but with everlasting

kindness I

will have compassion on you, says the LORD your Redeemer. (Isaiah 54,7-8)

I

think that the prophet of God expresses regret about the punishment given to Israel,

a punishment out of control. Indeed, the prophet goes on to say:

For

the mountains may depart, and the hills be removed; but My

kindness shall not depart from thee, neither shall My covenant of peace be

removed, saith the LORD that hath compassion on thee.

But

how can we ensure that the cycle of sin / punishment /exile will not return?

Jeremiah

prophesies a new covenant between God and Israel. That of the Old Testament

was breached again and again. He says that the New Covenant, He would write on

their hearts, "and gave His teachings in their midst and on their heart I

will write" (Jeremiah, 31, 32), also

Ezekiel prophesies " A new heart also will I give you, and a new

spirit will I put within you; and I will take away the stony heart out of your

flesh, and I will give you a heart of flesh" (36, 26).

But Ezekiel stresses that He will do so at His own initiative and power,

"And I will put My spirit within you, and cause

you to walk in My statutes, and ye shall keep Mine ordinances, and do

them." (36,

27) "As strange as it sounds – God will form a new nation

that will obey Him! The explanation of Ezekiel is that God does it for His

Great Name (and therefore He can not rely on Israel's repentance), but to those

who think that free choice is a fundamental principle (of Judaism), this idea

sounds pretty odd.

Of

course, there are many nuances and other explanations to the prophets, and I

have just touched the periphery of things, but the main point I think, is that

a the model of the covenant is problematic, its observance, and the breaching

of it vs. the punishment, both on theological and factual grounds – there is

not always a correlation between the acts of the people and the rewards,

between repentance and redemption nor between sin and retribution. The Book of

Kings ends with a despondent tone expressing the idea that breaching the

covenant resulted in the destruction whose end one can not be anticipated, a

development that could not be averted, even though they were righteous kings. like Hezekiah and Josiah; the balance scale tended towards

the destruction due to assorted violations of the covenant.

Already

in Deuteronomy, Moses says towards the end of his speech: "For I know that

after my death ye will in any wise deal corruptly, and turn aside from the way

which I have commanded you; and evil will befall you in the end of days;

because ye will do that which is evil in the eyes of the LORD, you provoke Him

through the work of your hands." (Deuteronomy 31, 29)

Apparently here one is puzzled by the denial of freedom of choice; how can a

leader who pronounces such views expect that Israel will follow the right path?

B. Is there another covenant?

Another fundamental

question is whether the covenant is part of the religious/Jewish world?

Moreover, should it be? Opinions are divided on this issue. Yeshayahu

Leibowitz wrote:

It is

necessary to reiterate and emphasize that the covenant cannot be violated, and

certainly not by one who is described as "He who remembers the

covenant", but the other side can certainly break it, and if he breaks it

then the covenant no longer exists even if its memory endures for the one

designated as "He who remembers the covenant". (Notes on the

weekly Torah Portion Page 608) 

Seemingly,

Leibowitz distinguishes between the memories of

the covenant by God, for whom it is eternal, but on the other side – for

man, it is possible for him to violate it. Therefore, there is one side for

which the covenant is eternal but man or an entire nation can uphold the

covenant or can violate it. Leibowitz underscores the

responsibility of man towards the covenant, regardless of the circumstances or

historical events, which may transpire to him.

David

Hartman stresses the immortality of the covenant, but argues that the people

must fill it with substance:

Believers

in the eternity of the covenant based upon the One who ordained it

become aware that not only God, but humans should bear responsibility in the

shaping of the culture in which the prophetic promise can be realized so that

that everyone, young and old will share in the joy in the knowledge of the

Divine". (David

Hartman," From Sinai to Zion:

a renewal of the Covenant " p 56, emphasis in the

original)

There

are also other opinions about the covenant that are more radical, especially

after the Holocaust (for example, Richard Rubenstein in his book "After

Auschwitz") but this is not the place to go into it. Without going into

the question of the status of the covenant and its validity today, it seems to

me that one can be inspired by another concept to be found in the Bible – the concept

of the 'convention'.

C.

From the Covenant to 'Convention'

The

Book of Nehemiah describes a ceremony that appears to be like a covenant. Ezra

assembles the people and reads the Torah to them. The response of the people to

this is weeping and mourning, "All the people cried when they heard the

words of the Torah" (Nehemiah 8, 9) the sharp

contrast between reality and the Torah brought them to sadness and despair.

Ezra tells them: " Then he said unto them: 'Go your way, eat the fat,

and drink the sweet, and send portions unto him for whom nothing is prepared;

for this day is holy unto our Lord; neither be ye grieved; for the joy of the

LORD is your strength". (ibid. 10) and indeed the people did so. Sukkot is described later as being celebrated with great

joy and with the reading of the Torah during the entire festival.

What

was the cause for joy? Possibly the return to the

observance of the Torah and its laws caused it, for we were restoring the Torah

to its former glory and the realization that here is an event of great

historical significance. Continuing, it says "and all the people went to

eat and drink… for they understood the words which were told to them" (ibid. 12)

Inferring that the comprehension of the laws of the Torah, its interpretation

by the Levites and the Sages caused the people to internalize the Torah and its

teachings, and not the curses nor threat of penalties; the opposite says Ezra,

"the joy of God is your strength", one has to observe the Torah out

of understanding and joy rather than out of fear and sadness.

Then

the Levites gave a speech covering this religious history of Israel, in which Israel is described as having

violated the law, the subsequent punishment from God, the repentance of the

people, and so on, God forbid, in an endless cycle. Here, too, as stated

previously in our parasha, our text reads:

"Nevertheless in Thy manifold mercies Thou didst not utterly consume them,

nor forsake them; for Thou art a gracious and merciful God". (Nehemiah 9,

31), until they attained the present status they are subjects

to a foreign king in their own land. Yet for all this, we make a covenant, and

subscribe to it; and our princes, our Levites, and our Priests, set their seal

unto it, …all those who separated themselves from

the (non Jewish) inhabitants of the land… leaders of the nation… and all

who know and understand."(ibid. 10, 1-29)

No

mention is made of the term 'brit'.

The difference between the 'brit' and 'amanah' is that 'brit' is an

initiative from Moses or any other leader from God, while the convention had

been arranged by the representatives of the people and is a kind of agreement.

While the covenant relies upon the observance of the law and stipulates severe

penalties for its violation, (leading the nation to exile and worse) the convention

obligates the signatories but it also requires understanding and agreement. It

brings people closer to Torah and to the delight of the heart. Ezra understood

that the old model does not work anymore and he creates a new religious

formulation.

The

process emerging here entails the interpretation and the formulation of the

text of the Torah, and the eventual replacement of the priests, with sages,

which will become an Oral Torah – the beginnings of which we see here.

And

they read in the book, in the Law of God, distinctly; and they gave it

comprehensibility, and caused them to understand the reading. (ibid. 8, 8)

I

think our generation and the society in which we live requires a creative use

of old concepts. What is needed is not a covenant established unilaterally from

heaven., but a social contract that challenges the public, one with new

interpretations to ancient verses and antiquated laws, so that the Torah will

once again become a font of values, a source of learning and renewal, similar

to the path undertaken by Ezra, a path of willingness and full understanding

that may cause sadness but also joy and happiness, to whoever is thoroughly

intellectually honest, a convention that is open to everyone and is tolerant of

each and every human being.

Meyer Rubin Zalevsky deals in

computers, photography, production and is studying at Bet Midrash

Elul

The destruction of the Temple, the Exile and the 'peace of Jerusalem' involves both the love and the

pursuit of peace.

Rabbi Yehoshua

ben Levi said: God said to Israel:

you made me destroy my Temple

and expel my children. If you would but ask about her (Jerusalem) welfare, I would pardon you. What

is the meaning of "Pray for the peace of Jerusalem"? (Psalm 122, 6)

"and Seek the peace of the city" (Jeremiah 29,

7) and peace be within thy walls, and prosperity within

thy palaces. And For my brethren and companions' sakes, I will now say: 'Peace

is within thee." (Psalms 122, 6) One who

loves peace and pursues peace and greets his neighbor with a hello (shalom) and

responds to greetings of hello (shalom), God will grant him a happy life in

this world and in the hereafter (ibid.)

"and the humble shall inherit the earth and savor much peace"

(Tractate Derech

Eretz Zuta Chapter peace, Mishnah 15)

…And in the next world, when

God will return the exiles to Jerusalem, He will

return them peacefully, as it is said: "Pray for the peace of Jerusalem, may they

prosper those that love thee. (Psalms 122, 6) And He says:

" for thus saith the LORD: "Behold, I

will extend peace to her like a river" (Isaiah 66, 12)

(Midrash Tanchuma 96, Siman 7)

"…Peace is not

only a moral inclination- the task of peace is creating a Culture of Peace, an

uplifting and wonderful task that must always attract the most productive

forces the nation possesses. We need to constantly bear in mind: What will be

the end of all the steadily increasing divisiveness among us: the parties, the

federations and factions, the associations and quorums, the ideological streams

and platforms, If there will not be found a distinguished leader one who will

carry the banner of the nation and will engage unceasingly in the most

effective propaganda for the goal of achieving national unity, of reducing

disputes and promoting the amalgamation of the varied aspirations. We know and

believe that Israel's salvation will come about through – 'atchaltah

d'geulah' – that we, with our own God-given powers

will succeed in acquiring the land, and redeem it, to cultivate it and build

upon it, to conquer the land 'culturally' and practically. We need to know more

and more, that the spirit of God that is in Elijah the prophet who, 'will

return the parents to their children and children to their fathers', and will

make peace in the world, and resolve disputes (Tractate Eduyot), this should be revealed even in

the spiritual activity, of the entire nation, by its elite elements,

the 'talmidei chachamim'

who spread peace in the world."

(From a letter to the Mizrachi representatives to the Zionist Congress; Letters

of Rabbi Kook, OBM Letter 571)

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concepts that have always been central to Jewish tradition and law.

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Shalom shares a deep attachment to the land of Israel

and it no less views peace as a central religious value. It believes that Jews

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an imperative.

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