Lessons in Memory of my brother Dale Alan Konigsburg
December 20, 2004 - Number 5765-13
The Place of Torah in the Structure of Jewish Law
While the Torah, is the most central document of Judaism, the "constitution" as it were, of all of Jewish law, There is more to Jewish texts than just the Torah just as there are more American legal texts than just our constitution and bill of rights. The Torah consists of the five books of Moses, and thus it is also called the "Humash" from the Hebrew, "Hamesh" meaning, "the Five". These books trace the History of our people from the creation of the world to the final days of Moses just before our ancestor’s entered the land of promise. These books contain the origin, not only of our History, but of our Law as well. Almost all of Jewish law traces itself back to verses in the Torah.
But Jewish History, or Jewish law for that matter, did not end with the People of Israel entering the land of their ancestors. Beginning with the book of Joshua, the story continues, about how the people conquered the land from the Canaanites and how they built their cities. Followed by the book of Judges, Samuel and Kings, these chapters chronicle the rise and fall of our people as they struggled to stay faithful to G-d in a new land and with a new life. No longer wandering nomads, the People are now settled into towns and cities and must make treaties and trade agreements with foreign governments. As they move from tribal judges to religious leaders to a monarchy, a class of prophets also rises to remind the people of their religious duties in the face of their political ambitions. Early prophets do not fear to reprimand a king or to speak out against sin, no matter how popular their message may be. The greatest example of this is the Prophet Elijah on Mt. Carmel where he stands alone before 400 pagan priests and in one moment turns the tide of the faith of the people away from idolatry to the worship of the G-d of Israel’s ancestors. As the political winds shift from the Egyptian empire to the new empires of Assyria and Babylon, the role of the Prophet is to make sense of the shifting political realities and to bring the people back to the worship of our G-d.
With the exile of our people to Babylonia, one would think the creative period of Ancient Israel was over. The Jewish G-d, however, is not like the pagan gods, who are limited to one place. G-d is with Israel in exile and is with Israel as Babylon yields to the Persian empire and the Israel returns from captivity. With the leadership of the last prophet, Ezra and the governor, Nehemiah, Israel slowly becomes the "Judaism" that we know today. The last books of the Bible, the "Writings" comes together. Some of these are historical books that bring Jewish history up to date. The others are popular stories that have important lessons for the Jewish people. Ruth, explains the genealogy of King David; The book of Esther is about Jewish life in Persia (and the holiday of Purim) and the Song of Songs, a long love poem, becomes a metaphor for the love of Israel for G-d. It is the Rabbis of the Talmud who close the "Writings" to new works and thus "canonize" the Bible. The bible they describe is the same bible we use today, we call it "TaNacH" the acrostic of "Torah, Neviim, Ketuvim" or Torah, Prophets and Writings.
The stories that did not make our bible were collected together to form a collection called the "Apocrypha" There are many reasons these stories did not make the Bible. Some are historically questionable. Some have no real moral or ethical lesson to teach. Some were too bloody, or were about parts of Jewish History that were not ready for prime time. The books of Maccabees containing the Hanukkah stories is part of this collection. The Sages were not big fans of the Hasmonean family and felt that the military victory was not worthy of a religious collection. Hanukkah is the first holiday on the Jewish calendar that does not have biblical connection. It would remain the only such holiday until modern times when Yom Hashoah (Holocaust Remembrance Day), Yom HaAtzmaut (Israel Independence Day) and Yom Yerushalayim (Jerusalem Reunification Day) have been added to the calendar.
In spite of its "extra biblical" nature, Hanukkah remains a well loved and popularly observed festival. The Talmud notes that there was a more ancient midwinter festival that involved the lighting of candles and there are several reasons that the holiday would last eight days. Some say it is because the oil that was placed in the Menorah in the rededicated Temple in Jerusalem lasted for eight days. Others say the Hasmonians wanted to celebrate the last holiday they missed before capturing the Temple, and that would be the eight days of Sukkot. Still others note that all dedication ceremonies of the Temple were eight days long and that is why this Festival of Dedication (Hanukkah) is eight days long. Biblical holidays always have clear meanings and rituals, Hanukkah, being extra-biblical, has more flexibility and thus there are more questions and explanations as to its origins and laws.
Monday, December 20, 2004
Monday, December 13, 2004
HMS 5765-12: Torah, Bible and Apocrypha
Lessons in Memory of my brother Dale Alan Konigsburg
December 13, 2004 - Number 5765-12
Torah, Bible and Apocrypha
While the Torah, is the most central document of Judaism, the "constitution" as it were, of all of Jewish law, There is more to Jewish texts than just the Torah just as there are more American legal texts than just our constitution and bill of rights. The Torah consists of the five books of Moses, and thus it is also called the "Humash" from the Hebrew, "Hamesh" meaning, "the Five". These books trace the History of our people from the creation of the world to the final days of Moses just before our ancestor’s entered the land of promise. These books contain the origin, not only of our History, but of our Law as well. Almost all of Jewish law traces itself back to verses in the Torah.
But Jewish History, or Jewish law for that matter, did not end with the People of Israel entering the land of their ancestors. Beginning with the book of Joshua, the story continues, about how the people conquered the land from the Canaanites and how they built their cities. Followed by the book of Judges, Samuel and Kings, these chapters chronicle the rise and fall of our people as they struggled to stay faithful to G-d in a new land and with a new life. No longer wandering nomads, the People are now settled into towns and cities and must make treaties and trade agreements with foreign governments. As they move from tribal judges to religious leaders to a monarchy, a class of prophets also rises to remind the people of their religious duties in the face of their political ambitions. Early prophets do not fear to reprimand a king or to speak out against sin, no matter how popular their message may be. The greatest example of this is the Prophet Elijah on Mt. Carmel where he stands alone before 400 pagan priests and in one moment turns the tide of the faith of the people away from idolatry to the worship of the G-d of Israel’s ancestors. As the political winds shift from the Egyptian empire to the new empires of Assyria and Babylon, the role of the Prophet is to make sense of the shifting political realities and to bring the people back to the worship of our G-d.
With the exile of our people to Babylonia, one would think the creative period of Ancient Israel was over. The Jewish G-d, however, is not like the pagan gods, who are limited to one place. G-d is with Israel in exile and is with Israel as Babylon yields to the Persian empire and the Israel returns from captivity. With the leadership of the last prophet, Ezra and the governor, Nehemiah, Israel slowly becomes the "Judaism" that we know today. The last books of the Bible, the "Writings" comes together. Some of these are historical books that bring Jewish history up to date. The others are popular stories that have important lessons for the Jewish people. Ruth, explains the genealogy of King David; The book of Esther is about Jewish life in Persia (and the holiday of Purim) and the Song of Songs, a long love poem, becomes a metaphor for the love of Israel for G-d. It is the Rabbis of the Talmud who close the "Writings" to new works and thus "canonize" the Bible. The bible they describe is the same bible we use today, we call it "TaNacH" the acrostic of "Torah, Neviim, Ketuvim" or Torah, Prophets and Writings.
The stories that did not make our bible were collected together to form a collection called the "Apocrypha" There are many reasons these stories did not make the Bible. Some are historically questionable. Some have no real moral or ethical lesson to teach. Some were too bloody, or were about parts of Jewish History that were not ready for prime time. The books of Maccabees containing the Hanukkah stories is part of this collection. The Sages were not big fans of the Hasmonean family and felt that the military victory was not worthy of a religious collection. Hanukkah is the first holiday on the Jewish calendar that does not have biblical connection. It would remain the only such holiday until modern times when Yom Hashoah (Holocaust Remembrance Day), Yom HaAtzmaut (Israel Independence Day) and Yom Yerushalayim (Jerusalem Reunification Day) have been added to the calendar.
In spite of its "extra biblical" nature, Hanukkah remains a well loved and popularly observed festival. The Talmud notes that there was a more ancient midwinter festival that involved the lighting of candles and there are several reasons that the holiday would last eight days. Some say it is because the oil that was placed in the Menorah in the rededicated Temple in Jerusalem lasted for eight days. Others say the Hasmonians wanted to celebrate the last holiday they missed before capturing the Temple, and that would be the eight days of Sukkot. Still others note that all dedication ceremonies of the Temple were eight days long and that is why this Festival of Dedication (Hanukkah) is eight days long. Biblical holidays always have clear meanings and rituals, Hanukkah, being extra-biblical, has more flexibility and thus there are more questions and explanations as to its origins and laws.
Happy Hanukkah to everyone.
Next week: The Place of Torah in the Structure of Jewish Law.
December 13, 2004 - Number 5765-12
Torah, Bible and Apocrypha
While the Torah, is the most central document of Judaism, the "constitution" as it were, of all of Jewish law, There is more to Jewish texts than just the Torah just as there are more American legal texts than just our constitution and bill of rights. The Torah consists of the five books of Moses, and thus it is also called the "Humash" from the Hebrew, "Hamesh" meaning, "the Five". These books trace the History of our people from the creation of the world to the final days of Moses just before our ancestor’s entered the land of promise. These books contain the origin, not only of our History, but of our Law as well. Almost all of Jewish law traces itself back to verses in the Torah.
But Jewish History, or Jewish law for that matter, did not end with the People of Israel entering the land of their ancestors. Beginning with the book of Joshua, the story continues, about how the people conquered the land from the Canaanites and how they built their cities. Followed by the book of Judges, Samuel and Kings, these chapters chronicle the rise and fall of our people as they struggled to stay faithful to G-d in a new land and with a new life. No longer wandering nomads, the People are now settled into towns and cities and must make treaties and trade agreements with foreign governments. As they move from tribal judges to religious leaders to a monarchy, a class of prophets also rises to remind the people of their religious duties in the face of their political ambitions. Early prophets do not fear to reprimand a king or to speak out against sin, no matter how popular their message may be. The greatest example of this is the Prophet Elijah on Mt. Carmel where he stands alone before 400 pagan priests and in one moment turns the tide of the faith of the people away from idolatry to the worship of the G-d of Israel’s ancestors. As the political winds shift from the Egyptian empire to the new empires of Assyria and Babylon, the role of the Prophet is to make sense of the shifting political realities and to bring the people back to the worship of our G-d.
With the exile of our people to Babylonia, one would think the creative period of Ancient Israel was over. The Jewish G-d, however, is not like the pagan gods, who are limited to one place. G-d is with Israel in exile and is with Israel as Babylon yields to the Persian empire and the Israel returns from captivity. With the leadership of the last prophet, Ezra and the governor, Nehemiah, Israel slowly becomes the "Judaism" that we know today. The last books of the Bible, the "Writings" comes together. Some of these are historical books that bring Jewish history up to date. The others are popular stories that have important lessons for the Jewish people. Ruth, explains the genealogy of King David; The book of Esther is about Jewish life in Persia (and the holiday of Purim) and the Song of Songs, a long love poem, becomes a metaphor for the love of Israel for G-d. It is the Rabbis of the Talmud who close the "Writings" to new works and thus "canonize" the Bible. The bible they describe is the same bible we use today, we call it "TaNacH" the acrostic of "Torah, Neviim, Ketuvim" or Torah, Prophets and Writings.
The stories that did not make our bible were collected together to form a collection called the "Apocrypha" There are many reasons these stories did not make the Bible. Some are historically questionable. Some have no real moral or ethical lesson to teach. Some were too bloody, or were about parts of Jewish History that were not ready for prime time. The books of Maccabees containing the Hanukkah stories is part of this collection. The Sages were not big fans of the Hasmonean family and felt that the military victory was not worthy of a religious collection. Hanukkah is the first holiday on the Jewish calendar that does not have biblical connection. It would remain the only such holiday until modern times when Yom Hashoah (Holocaust Remembrance Day), Yom HaAtzmaut (Israel Independence Day) and Yom Yerushalayim (Jerusalem Reunification Day) have been added to the calendar.
In spite of its "extra biblical" nature, Hanukkah remains a well loved and popularly observed festival. The Talmud notes that there was a more ancient midwinter festival that involved the lighting of candles and there are several reasons that the holiday would last eight days. Some say it is because the oil that was placed in the Menorah in the rededicated Temple in Jerusalem lasted for eight days. Others say the Hasmonians wanted to celebrate the last holiday they missed before capturing the Temple, and that would be the eight days of Sukkot. Still others note that all dedication ceremonies of the Temple were eight days long and that is why this Festival of Dedication (Hanukkah) is eight days long. Biblical holidays always have clear meanings and rituals, Hanukkah, being extra-biblical, has more flexibility and thus there are more questions and explanations as to its origins and laws.
Happy Hanukkah to everyone.
Next week: The Place of Torah in the Structure of Jewish Law.
Monday, December 6, 2004
HMS 5765-11 Jewish Values at Work
Lessons in Memory of my brother Dale Alan Konigsburg
December 6, 2004 - Number 5765-11
Jewish Values at Work
Day after day we read in the news about one company or another in trouble with its investors or its customers for unethical practices. The Phenomena is hardly new. The Talmud records many court cases brought by employees and laborers against practices that they felt were unfair. Many of these cases remind us of what we see today in the workplace. While one can make a general rule that the Sages of the Talmud worked hard to defend the rights of workers, they also took a look at the responsibilities of consumers as well.
The first concern in Jewish Law is for the owner of property. Once a person took possession of property, he or she was fully responsible for it. If someone were to do them a favor and look after it, they had only limited liability if something should happen to it that was not in their control. On the other hand, if one rented that object, then they had full liability if something should happen.
One could not open a store that would be in direct competition with another shopkeeper if it would take away the first storekeeper’s business. One could only go into competition if the first seller had more business than he or she could handle.
There are many cases where the Sages changed Jewish law to prevent price gouging. There was a limit to the markup a storekeeper could charge without having to refund the difference if the buyer challenged the price paid in court.
Owners were responsible for their animals as well. If a ox would gore a person or another ox, if the animal was a first time offender, the owner was let off with a warning to tie the animal securely. If the animal was known to gore, than the owner had full liability for any damages it caused.
If someone were to buy an object and take delivery later, the seller must protect the property of the buyer until it is delivered. Otherwise the seller is liable for damages.
The Rabbis also reminded sellers that good customer service would bring back buyers. They were advised to go beyond the letter of the law and not take every advantage they could from their customers. There is a famous story of Rabbi Yochanan ben Zakkai who bought a Donkey from an arab vendor. When it was delivered, a valuable gem was found hidden in the bridle. The students of the Rabbi were overjoyed since the donkey was sold with bridle. The Rabbi, however, asked the students if the Arab knew the gem was hidden in the bridle. "Of course not," said the students. "The gem is far more valuable than the donkey." "Then return the gem to the Arab," said the Rabbi, "Who am I to take advantage of the letter of the law." When the stone was returned the Arab was overjoyed and praised the Rabbi and the Jewish G-d whom the Rabbi served.
On the other hand, the Sages also reminded the customers that they should not ask a shop owner the price of an item on the shelf if he has no intention of buying. The owner has the right to expect one to buy the object if one is inquiring about the price.
Employees must be paid on time. In ancient days, they were paid at the end of every day. Some agricultural workers might be paid at the end of the season. To delay payment could cause severe hardship for the workers and their families. It was expected that workers would have time for lunch, and if they worked in an orchard, they could eat some of the fruit they had harvested and it would not come out of their pay. Hired workers were not financially responsible for unintended damage.
Landowners had a responsibility to feed the poor, The poor could enter their fields to reap the corners and to glean the dropped ears of grain. If a sheaf was forgotten, than the owner could not go back to get it unless it was clear that it was not forgotten but just not yet picked up. The owners could choose which poor people they would let into their fields. And the poor had to be careful not to damage the other fields that were not yet harvested.
From all of this we see a pattern of behavior in the marketplace that mirrored behavior in one’s personal life. Anytime people gather to conduct business, there will be conflicts in the marketplace. In any small town or city, there will be competition. But there is a line between competition and unethical behavior and the Sages tried to teach this through the law as well.
Next week: Torah, Bible and Apocrypha
December 6, 2004 - Number 5765-11
Jewish Values at Work
Day after day we read in the news about one company or another in trouble with its investors or its customers for unethical practices. The Phenomena is hardly new. The Talmud records many court cases brought by employees and laborers against practices that they felt were unfair. Many of these cases remind us of what we see today in the workplace. While one can make a general rule that the Sages of the Talmud worked hard to defend the rights of workers, they also took a look at the responsibilities of consumers as well.
The first concern in Jewish Law is for the owner of property. Once a person took possession of property, he or she was fully responsible for it. If someone were to do them a favor and look after it, they had only limited liability if something should happen to it that was not in their control. On the other hand, if one rented that object, then they had full liability if something should happen.
One could not open a store that would be in direct competition with another shopkeeper if it would take away the first storekeeper’s business. One could only go into competition if the first seller had more business than he or she could handle.
There are many cases where the Sages changed Jewish law to prevent price gouging. There was a limit to the markup a storekeeper could charge without having to refund the difference if the buyer challenged the price paid in court.
Owners were responsible for their animals as well. If a ox would gore a person or another ox, if the animal was a first time offender, the owner was let off with a warning to tie the animal securely. If the animal was known to gore, than the owner had full liability for any damages it caused.
If someone were to buy an object and take delivery later, the seller must protect the property of the buyer until it is delivered. Otherwise the seller is liable for damages.
The Rabbis also reminded sellers that good customer service would bring back buyers. They were advised to go beyond the letter of the law and not take every advantage they could from their customers. There is a famous story of Rabbi Yochanan ben Zakkai who bought a Donkey from an arab vendor. When it was delivered, a valuable gem was found hidden in the bridle. The students of the Rabbi were overjoyed since the donkey was sold with bridle. The Rabbi, however, asked the students if the Arab knew the gem was hidden in the bridle. "Of course not," said the students. "The gem is far more valuable than the donkey." "Then return the gem to the Arab," said the Rabbi, "Who am I to take advantage of the letter of the law." When the stone was returned the Arab was overjoyed and praised the Rabbi and the Jewish G-d whom the Rabbi served.
On the other hand, the Sages also reminded the customers that they should not ask a shop owner the price of an item on the shelf if he has no intention of buying. The owner has the right to expect one to buy the object if one is inquiring about the price.
Employees must be paid on time. In ancient days, they were paid at the end of every day. Some agricultural workers might be paid at the end of the season. To delay payment could cause severe hardship for the workers and their families. It was expected that workers would have time for lunch, and if they worked in an orchard, they could eat some of the fruit they had harvested and it would not come out of their pay. Hired workers were not financially responsible for unintended damage.
Landowners had a responsibility to feed the poor, The poor could enter their fields to reap the corners and to glean the dropped ears of grain. If a sheaf was forgotten, than the owner could not go back to get it unless it was clear that it was not forgotten but just not yet picked up. The owners could choose which poor people they would let into their fields. And the poor had to be careful not to damage the other fields that were not yet harvested.
From all of this we see a pattern of behavior in the marketplace that mirrored behavior in one’s personal life. Anytime people gather to conduct business, there will be conflicts in the marketplace. In any small town or city, there will be competition. But there is a line between competition and unethical behavior and the Sages tried to teach this through the law as well.
Next week: Torah, Bible and Apocrypha
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