Tag Archives: Responsibility

Shoftim, Deuteronomy 16:18-21:9

Link to Parsha: http://www.hebcal.com/sedrot/shoftim

Breathing New Life into Ancient Teaching

By Rabbi Shira Milgrom

One of the joys of Jewish life in the Land of Israel is the way ancient texts can be used in ordinary moments of daily life. A rabbinic colleague tells the story of a Jerusalem traffic jam: traffic had come to a complete halt, and drivers were leaning on their horns in frustration. The taxi driver (who was driving my colleague) finally stepped out of his car and reprimanded the driver behind him, with a full, verbatim quote of Exodus 14:15, in its original Hebrew:

“Why are you yelling at me? Speak to the people of Israel and tell them to move!” (The translation here is meant to reflect the use of the text.) Never mind that in the original context it is God speaking to Moses at the Sea of Reeds.

At another moment of Israel’s story—a moment neither joyous nor quotidian—members of Israel’s judiciary community brought a different Torah text to bear on Israeli society. It was 1982. Israel was in control of southern Lebanon when Lebanese Christian Phalangists attacked the predominately Muslim refugee camps of Sabra and Shatila, and many were killed. Huge protests in Israel against the killings forced the government to take action, resulting in its convening a commission to assess the responsibility of the Israeli government and army. The Kahan Commission, established by the Israeli government, was chaired by Yitzhak Kahan, president of Israel’s Supreme Court. It concluded that the Gemayel Phalangists bore direct responsibility for the massacres in the refugee camps, and that Israel was to be held indirectly responsible. It is to this second charge, that of indirect responsibility, that we turn our attention.

The Kahan Commission used as the basis of its argument an esoteric text from this week’s parashah:

“If, in the land that the Eternal your God is assigning you to possess, someone slain is found lying in the open, the identity of the slayer not being known, your elders and magistrates shall go out and measure the distances from the corpse to the nearby towns. The elders of the town nearest to the corpse shall then take a heifer which has never been worked, which has never pulled in a yoke, and the elders of the town shall bring the heifer down to an everflowing wadi, which is not tilled or sown. There, in the wadi, they shall break the heifer’s neck. The priests, the sons of Levi, shall come forward; for the Eternal your God has chosen them for divine service and to pronounce a blessing in the name of the Eternal, and every lawsuit and case of assault is subject to their ruling. Then all the elders of the town nearest to the corpse shall wash their hands over the heifer whose neck was broken in the wadi. And they shall make this declaration: ‘Our hands did not shed this blood, nor did our eyes see it done. Absolve, Eternal One, Your people Israel whom You redeemed, and do not let guilt for the blood of the innocent remain among Your people Israel.’ And they will be absolved of bloodguilt. Thus you will remove from your midst guilt for the blood of the innocent, for you will be doing what is right in the sight of the Eternal” (Deuteronomy 21:1–9).

Why must the elders and magistrates of the town nearest to the corpse go through this strange ritual and ask for absolution? Because they are presumed guilty. They bear indirect responsibility for the murder, because it occurred under their jurisdiction, on their watch, in their territory. Quoting directly from the Kahan Commission:

“A basis for such responsibility may be found in the outlook of our ancestors, which was expressed in things that were said about the moral significance of the biblical portion concerning the ‘beheaded heifer’ (in the Book of Deuteronomy, chapter 21). It is said in Deuteronomy (21:6-7) that the elders of the city who were near the slain victim who has been found (and it is not known who struck him down) ‘will wash their hands over the beheaded heifer in the valley and reply: our hands did not shed this blood and our eyes did not see.’ Rabbi Yehoshua ben Levi says of this verse (Babylonian Talmud,Sota 38b):

“The necessity for the heifer whose neck is to be broken only arises on account of the niggardliness of spirit, as it is said, ‘Our hands have not shed this blood.’ But can it enter our minds that the elders of a Court of Justice are shedders of blood! The meaning is, [the man found dead] did not come to us for help and we dismissed him, we did not see him and let him go—i.e., he did not come to us for help and we dismissed him without supplying him with food, we did not see him and let him go without escort.’. . . . When we are dealing with the issue of indirect responsibility, it should also not be forgotten that the Jews in various lands of exile, and also in the Land of Israel when it was under foreign rule, suffered greatly from pogroms perpetrated by various hooligans; and the danger of disturbances against Jews in various lands, it seems evident, has not yet passed. The Jewish public’s stand has always been that the responsibility for such deeds falls not only on those who rioted and committed the atrocities, but also on those who were responsible for safety and public order, who could have prevented the disturbances and did not fulfill their obligations in this respect.”

The Kahan Commission honored the Torah, breathed new life into ancient text, and held the Israeli government to moral standards that its citizens expected: a brilliant—and all too rare—moment.

For more information on the events leading to the establishment of the Kahan Commission, click here.

Milgrom, Shira. "Shof'tim: Breathing New Life into Ancient Teaching." ReformJudaism.org. (Viewed on August 30, 2014). http://www.reformjudaism.org/learning/torah-study/shoftim/shof%E2%80%99tim-breathing-new-life-ancient-teaching

D’var Tzedek

By Rabbi Joshua Rabin

On December 16, 2012, 23-year old Jyoti Singh was raped by six men while riding on a bus in New Delhi, India. The attack reportedly lasted over two and a half hours, and Singh died two weeks later in Singapore from her injuries. Four of her attackers were found guilty and sentenced to death by hanging.

Although Singh’s rapists were convicted for their horrific crime, the sad reality is that most cases of violence against women in India go unpunished. According to a report by the Council on Foreign Relations (CFR), only 40 percent of rapes in India are reported and only 26 percent of rape cases tried in court result in convictions. The CFR notes that India’s slow, underfunded and corrupt criminal justice system “exacerbated the plight of rape and sexual assault victims” rather than helping them achieve justice. Furthermore, the CFR reports that political and religious leaders promote a “culture of complicity” around violence against women, pressuring women and their families not to report these crimes or blaming the assaults on women themselves. Although we should find a small degree of comfort in knowing that Singh’s attackers were brought to justice, there is no doubt that there are countless women who will never receive the justice they deserve.

Parashat Shoftim, which begins with the Israelites standing on the precipice of entering the land of Canaan, recognizes that the emerging Israelite society must have a mechanism for justice to be served, and so dictates that a court system be constructed. However, our parashah is not content simply to command the Israelites to appoint judges upon entering the land of Canaan. Instead, the Torah specifies a code of morality that the judges must abide by: “You shall not judge unfairly; you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.”

While our parashah could have stated the importance of impartial and ethical leaders in general, it is particularly prescient in singling out the judicial system as an area of society that must be free of corruption. In a report by the United States Agency for International Development (USAID), judicial corruption is described as a serious impediment towards international development, for when the institution charged with enforcing the rule of law is compromised, “anti-corruption strategies are deprived of essential measures that are needed to increase the risks and reduce the benefits of corruption and to punish corrupt acts.” As a result, when our parashah tells us that upright judges must be chosen, God is providing the Israelites with a roadmap for an entire society to be guided by justice.

In taking a closer look at the language of Parashat Shoftim, we see that the challenge of creating just judicial systems lies in the human fallibility of the judges. Contemporary biblical scholar Jeffrey Tigay notes that by empowering all Israelites to “resist and protest abuses of authority,” this mitzvah from our parashah makes a striking distinction between what God will provide for the Israelites, and what the Israelites must create for themselves.

The 13th-century legal work, Sefer Ha-Hinukh, states that God commands the Israelites to prevent corrupt behavior “until the commands of the Torah cease to be dependent on the trustworthiness of each individual.” Explaining this interpretation, biblical scholar Nehama Leibowitz argues that by creating honorable systems of justice, the Israelites will “habituate the public to the rule of law and equity which will become second nature.” By insisting upon a just system of governance, the Torah is teaching us that we are the only obstacle to fully actualizing the potential of all human beings, and that creating institutions guided by justice is the first step in teaching an entire society what it means to pursue justice within the reality of daily living.

Contemporary philosopher Lenn Goodman writes that the Torah wants to show “how just institutions can create the good life it envisions,” commanding the Israelites to create societal structures that enable people to feel protected and valued. The situation in India supports Goodman’s claim, as Professor Mrinal Satish of the National Law University in Delhi argues that the way “the legal system deals with rape cases” results in the proliferation of violence against women in India. This is a clear instance of how a society’s ineffective and indifferent pursuit of justice not only fails to protect and value its citizens but condemns them to live lives of violence and fear.

American Jewish World Service continues to advocate for the passage of the International Violence Against Women Act (IVAWA) as a part of the We Believe campaign. We have the opportunity to send a clear message to our legislators that all countries must implement legal systems that support women in their pursuit to achieve justice. After all, ensuring that society’s most vulnerable people are treated justly is the only way to ensure that society will promote justice for all.

Rabin, Joshua. "Parshat Shoftim 5774: Dvar Tzedek." American Jewish World Service. (Viewed on August 30, 2014). http://ajws.org/what_we_do/education/publications/dvar_tzedek/5774/shoftim.html?autologin=true&utm_source=education&utm_medium=email&utm_campaign=20140825-E-DT

Va-yetzei, Genesis 28:10-32:3

Link to Parsha: http://www.hebcal.com/sedrot/vayetzei

Why is Jacob, Despite Everything, My Father?

By Avraham Burg

In last week’s portion we explored the web of lies that surrounded Jacob from the moment he was born until he reached his final not-very-restful abode. This week’s portion doesn’t give Jacob much rest, either. It’s not only lies that surround him and his family, but heaps of trouble that pursue them. There are people and families that never in a lifetime experience a fraction of what he went through. But he, Jacob, seems to have been a magnet for all the real and symbolic troubles that can possibly appear in a family, to the point where the reader says to himself, if there was ever a family I would not want my family to resemble, it has to be Jacob’s family. There probably wasn’t a single piece of it that functioned properly. And so the inevitable question arises: why was he chosen to be the father of our nation? Why not Joseph, the ruler of Egypt, or Judah, the mighty warrior? For that matter, why him and not Esau? At least Esau isn’t known to have accumulated such a burden of shame and infamy.

Generally speaking, I should make it clear that just as I don’t consider the Torah a Jewish book of science (as in How to Create a World in Six Days), nor do I consider it a history book whose every fact represents actual events. By the same token, I don’t think that the patriarchs were necessarily three consecutive generations of father, son and grandson. The Chumash tells the stories of three great characters who arose during the course of several generations, each of whom embodied certain character traits and personal, national, moral or religious profiles so worthy of note that they became beacons, symbolic fathers of the entire nation. I think it’s even possible that there were no such people at all, and that these characters are archetypes. If that’s that case, then why Jacob? What does he represent?

Abraham is the model of the true believer whose faith burns pure right up until his final breath (and even until the final breaths of his loved ones, who pay the price for his passion). Isaac represents an extreme form of the helplessness that strikes us at various times and places. So often in his personal history he was the passive victim of circumstances not of his doing. Like him, we often long for complete, absolute protection from the vicissitudes of life, only to find ourselves surprised each time that life is so much more creative and imaginative than all our careful plans. And Jacob? Jacob symbolizes our national proclivity for disaster. There are some people who simply attract calamity. They’re accident prone, constantly tripping over something, never quite managing to come home in one piece from wherever they were going. Jacob was like that and so are we, his children and children’s children. The stories are in the past, but their message is eternal because the evil in the universe and in humankind has no expiration date.

We often find ourselves enchanted by stories of runaway children, youngsters forced to leave home to escape family violence. The first of the breed was Jacob, son of Rebecca and Isaac, of the line of Abraham. His older brother, the big, tough hunter, didn’t like him or his oh-so-civilized ways, and hated his childish pranks. Things finally reached the point that Jacob was forced to flee for his life from his hot-tempered brother’s very specific and concrete threat: “Let the days of mourning for my father be at hand; then I will slay my brother Jacob” (Gen. 27:41). This was a family where every private thought became public knowledge, so someone came along and told Esau’s secret to his mother: “And the words of Esau her elder son were told to Rebecca” (Gen 27:42).

And so Jacob sets out on his own, a runaway youth joining the ranks of the fugitives. He goes looking for a family to take him in, in place of his own family, which broke up under circumstances that were partly his own fault. As if it weren’t enough that he has to grow up without a father or mother, the same trauma continues to resonate throughout the rest of his adult life. For twenty-one long years he is cut off from his beloved mother. He loses his childhood sweetheart Rachel while she is still young, before they have had a chance to consummate their love or enjoy the freedom they have purchased from her father, thanks to his beliefs and limitations. No loving, supportive mother, no beloved wife, no tenderness.

The family is unquestionably the arena where Jacob’s life is pounded out. His wives are switched one after the other: Leah, then Rachel, then the concubines that are deposited between his loins for fruitfulness and multiplication. He lives in constant dread of his father-in-law Laban, fearing that he will steal his daughters and concubines. There’s no real trust between him and his wives. Even his beloved Rachel – for whom he labored seven years and then another seven, through summer and winter, in blazing heat and freezing cold – steals her father’s idols and hides the truth from Jacob, tries to deny it and finally brings disaster on them both when she turns out to be the address for the death-curse that escaped Jacob’s lips in his promise to Laban: “‘With whomsoever thou findest thy gods, he shall not live…’ For Jacob knew not that Rachel had stolen them” (Gen 31:32).

That was Jacob’s relationship with his wives. Things were no better with his children – from Reuben, his firstborn, to Benjamin, his last-born, child of Rachel, his only true love. Besides stealing the blessings and rights of the firstborn from his brother Esau, he essentially usurped his brother’s natural role. Perhaps there were customs of this sort in those days, as some ancient archives attest, but the biblical narrator derives no pleasure from these customs. The result is that both of his natural firstborn sons are displaced before his very eyes in the most eternally humiliating fashion. Reuben, his firstborn, exposes the family to the ugliness of incest when he takes his father’s concubine Bilhah between the sheets. Reuben violates his father’s honor in an act more violent and cruel than Jacob’s own act of cheating Isaac and Esau. The result is that Leah’s eldest loses his birthright. Likewise Joseph, Rachel’s firstborn, is taken from the farm into long years of exile, and Jacob is forced to make do with Judah as his heir and bearer of his line into eternity (for out of the tribe of Judah, Yehudah, come the Yehudim, the Jews), even though we have no idea how Jacob felt about him.

Sex, forbidden, impure and brutally violent, never ceases to dictate events in Jacob’s household. Consider the rape of Dinah in Shechem (Gen. 34:1–31), and its bloody consequences. Consider Judah’s involvement with Tamar, his daughter-in-law, lover and whore, who was “with child by harlotry” (Gen. 38:24). Not to mention the business deal Rachel concluded with Leah, trading sex with their husband in exchange for a bunch of mandrake flowers.

And on top of everything else, let’s not forget the trade in children that was conducted in Jacob’s household. The brothers sold seventeen-year-old Joseph to the Midianites, to the Ishmaelites, to Egypt. Afterward they abandoned Simeon in an Egyptian prison. Then they all banded together against their aged father to trade young Benjamin in exchange for the opportunity to feed their family during the famine that was ravaging the land. Through all these misfortunes that plagued Jacob from his earliest childhood right through his final days in Egyptian exile, his body too was damaged beyond repair, leaving him an invalid. Jacob was a healthy man, a strapping shepherd, familiar with the seasons of the year, the fields and the desert, and knowledgeable in the ways of nature. But after a fierce nighttime struggle with a man whose name remains unknown, he is left with a crippled leg. His hip dislocated, he limps on his perpetually aching leg from that day on (Gen. 32:25–30). And he limps in more ways than one: he doesn’t love his first wife, he has grief from his beloved second wife and misery from his concubine and he is forced to witness a bloodbath over the wounded honor of his clan and the rape of his daughter. No wonder he fears the natives, worrying that they might kill him and his household and not be satisfied with merely vilifying his good name, which isn’t so good to begin with.

Ladies and gentlemen, this is our father Jacob. A man with a history like this should have given rise to the Tatars, Mongols, Cossacks or some other warlike tribe. And yet, remarkably, this is the man whose troubled life gave birth to the most positive philosophy of life, one of whose finest rules, according to Rabbi Akiba, is: “Thou shalt love thy neighbor as thyself” (Lev. 19:18). The very practical-minded Hillel the Elder rendered the same idea this way: “What is hateful to you, do not unto others” (Mishnah Avot 4:5). It’s amazing, isn’t it? Jacob is the ultimate proof of our claim that the entire Torah is, among other things, the improvement manual for our forefathers’ character flaws. It’s an improvement process that obligates each and every one of us, all day, every day. As the saying goes: happy is the man who is always improving.

Burg, Avraham. "Why is Jacob, Despite Everything, My Father?" The Jewish Daily Forward. (Viewed on November 9, 2013). http://blogs.forward.com/avraham-burg/146999/vayetze-jacob-left/

Blaming the System

By Rabbi Avraham Fischer

Jacob had been involved in an act of deception, and now he becomes the victim of deception. After seven years of working for his uncle Laban, he wishes to marry Rachel, Laban’s younger daughter: And it was in the morning, that behold it was Leah. And [Jacob] said to Laban “What is this you have done to me?  Did I not work with you for Rachel? And why did you deceive me?” (Genesis 29:25).

Laban, the champion deceiver, tricked Jacob by switching Rachel with Leah. Laban explains himself; after all, he is a recognized leader in the community. When he presents his excuses, he makes a not-so-veiled reference to Jacob’s own act of deception, in which he took the place of his older brother Esau in receiving their father Isaac’s blessing: “It is not done so in our place, to put the younger before the older.  Complete this one’s [Leah’s] week [of celebration] . . .”(Genesis 29:26-27)

The next word in Hebrew is critical to our understanding of Laban’s character:  “v’nitnah.” Theoretically, there are two ways of translating this word.  Ibn Ezra (12th century Spanish commentator) interprets it passively: “she will be given” after the week of celebration for Leah, it will be acceptable for Rachel to marry Jacob.

Most commentaries, however, (including Rashi, Ramban (Nachmanides), and Onkelos (2nd century translator of the Bible into Aramaic) translate this word as active and plural: “We will give” Rachel to you as wife.  But the plural form is hard to understand. Surely, Rachel is Laban’s daughter only!

The Ramban explains: “Laban’s words were spoken with cunning. He said to Jacob ‘It is not done so in our place, for the people of the place will not let me do so, for it would be a shameful act in their eyes. But you fulfill the week of this one and we-I and all the people of the place–will also give you this one, for we will all consent to the matter, and we will honor you and make a feast as we have done with the first one.”

Laban is saying “I am not to blame for what happened. But what can I do? I am, as you are, at the mercy of social convention.” Laban shifts the responsibility away from himself to others.

Anyone who wishes to have his own way at the expense of others and “get away with it” takes refuge in the “system,” claiming to be but a small cog in the machinery. He “passes the buck.” He argues “I was only following orders.” In this way he can perhaps assuage his own conscience, and he might even satisfy the public.

By blaming the system–and each of us does this from time to time–a person splits himself in two: there is the personal “I,” who always does what is pleasant and right, and there is the “I” that is part of an abstract corpus (the Public, the State, the Community, the Organization, etc.). He compartmentalizes himself but demonstrates a shocking disregard for moral responsibility. Once begun, it is a hard habit to break, and the results can be terrifying: moral schizophrenia.

Judaism insists that each person be one fully integrated “I,” that he take full responsibility for his actions, and act according to what the Torah says is right.

The Talmud teaches (Kiddushin 42b, ff.) that “there is no agency for sinful acts.” This means that if I am appointed by another to commit a sin, I cannot excuse my actions by claiming “He made me do it.” I am responsible for my actions, not anyone else, not the society, not even another part of myself. At times, this might require standing in opposition to and resisting the nameless, faceless “Them.”

This is the central theme of the approaching holiday of Chanukah. During the Second Temple period the world was greatly influenced by Greek culture and its outlook on life. The Jewish people also saw value in Greek civilization and philosophy. However, there came a point when fitting in with the Greek lifestyle would have meant abandoning Torah values.

The Greeks admired physical perfection, and thus condemned the observance of Brit Milah(circumcision) as mutilation. Shabbat and Kashrut became social barriers, and were compromised, then abandoned.  Worshipping the Greek gods became a step towards social acceptance. The primacy of man in Greek philosophy supplanted the primacy of God. Many Jews rationalized their adherence to Greek values by referring to the “spirit of the times.”  The entire world was falling in line. To be modern was to be Greek.

Against this background, it was extremely difficult for some Jews to insist on drawing the line between fitting in and selling out.  In effect, they were saying that they would not join the modern trend of dividing their identities between their Jewish selves and their citizen-of-the-world (that is, Greek) selves. They proclaimed, in the words of Mattityahu  (Mattathias), “Whoever is for Hashem, to me!” There is only one “me,” the one who is defined by loyalty to Hashem.  Even when I participate in the secular world, I do so as a Jew.

The Torah teaches otherwise. The first Patriarch, Abraham, is called Ivri, “the one on the other side.” Abraham courageously, and at great personal risk, did not fall in line with the masses. He opposed the idolatry of his environment, with all its immorality and cruelty.

The whole world was on one side of the ideological divide and Abraham was on the other. The world’s side, the side of multiple gods, was a world of divided selves. Abraham stood on the side of a world-view that insisted that, just as Hashem is One, man must strive for oneness. As Jews–both as individuals and as a nation–we are bidden to follow his example.

Only a moral lightweight like Laban can split himself into his public-self and his private-self, claiming that he is justified.  Ultimately, Laban, the Great Deceiver, succeeds only in deceiving himself. In time, Jacob sees Laban for what he is.

Jacob on the other hand, exemplifies Emet, the complete truth. He ventures into the world at large, even spending 20 years under Laban’s influence, but retains his unified self. The message he sends his brother Esav, with the message between the lines seen by Rashi, is “With Laban have I dwelled, and the 613 Mitzvot (commandments) have I kept.”  And when he finally arrives in Israel, he arrives Shalem–whole, undivided, one.

We are enjoined to reject the example of Laban, and to aspire to the examples of Abraham and Jacob. Each of us must acknowledge that we have one “I.” Our challenge as Jews is to align that “I” with the eternal values of the Torah.

Fischer, Avraham. "Blaming Society." My Jewish Learning. (Viewed on November 9, 2013). http://www.myjewishlearning.com/texts/Bible/Weekly_Torah_Portion/vayetze_ou5761.shtml?p=0

B’reishit, Genesis 1:1-6:8

Link to Parsha: http://www.hebcal.com/sedrot/bereshit

Relationships, Responsibility, Renewal

By Tamara Cohn Eskenazi

Who are we? Parashat B’reshit pictures our origin as frail, naked earth creatures who are nevertheless bearers of the divine. The two different stories of creation (Genesis 1:1-2:3 and 2:4-3:21) share the view that we were created for relationships – with God in whose image we are or whose breath animates us; with the earth from which we were formed; with the animal world for which we have a responsibility; and finally, with each other as males and females who are co-created in Genesis 1, and who are separated in Genesis 2 only to feel a longing for reunion. Parashat B’reshit envisions the rewards and responsibilities of these relations as delightful and dynamically creative, necessary parts of a defined and defining harmony.

Genesis, however, depicts human desire to go beyond boundaries. The quest for more knowledge endangers all four relationships (God, earth, the animal world and one another) and drives the first couple out of innocent, sheltered existence. The garden=”s” gates shut behind them. But the world at large opens wide and the world is still God’s good creation, even if no longer as cozy as a protected bubble: the still joyous creative acts of childbearing and work are now also mixed with sorrow and hardship. More importantly, relationship with each other and with God now require effort – effort which they undertake. Moving closer to each other and to God, they therefore name their first born in celebration of renewal and regeneration.

Journeying beyond the garden, the first humans transmit to us the memory of how we are meant to be: joyous, equal partners in work and play, in wholesome relationship with God, earth, nature and our human counterparts. Since these gifts of life no longer come on a silver platter, Parashat B’reshit invites us to renew them. As the cycle of Torah reading begins again, so too our lives resume a journey of regeneration, restoring our delicate yet resilient connection with God, nature and one another.

Cohn Eskenazi, Tamara. "Relationships, Responsibility, and Renewal." D'Var Torah. ReformJudaism.org. (Viewed on October 7, 2013). http://www.reformjudaism.org/relationships-responsibility-and-renewal.

Creation According to Eve: Beyond Genesis 3

By Ilana Pardes

No feminist critic of the Bible has neglected to discuss the story or stories of the creation of woman; and yet, despite significant differences in theoretical approach and focus, their readings generally have been confined to Genesis 1–3. One may well ask why, since the matter of creation and femininity is also addressed beyond Genesis 3. Genesis 1–3 may in fact be construed as part of a larger unit of primeval history which ends only at Genesis 11, where the history of the patriarchs and matriarchs commences. This textual unit consists of a series of narratives and genealogies dealing with creation and crime and punishment—or both.

The tendency to focus on Genesis 1–3 (common not only among feminists) derives in part from the continuing impact of the Christian perception of the Fall as the unequivocal conclusion of Creation. There is, however, no concept of an Original Fall in Genesis. Primeval characters fall time and again in a variety of ways. The first fall is not singled out. Fratricide, sleeping with the Sons of God, incest, and the building of the Tower of Babel are transgressions as exemplary as the eating of the forbidden fruit. Similarly, creation is an ongoing process. The world is wholly destroyed and recreated in the story of the Flood; and on a less cosmic level, this is true of most stories in this unit.

Many feminist critics have sharply critiqued Christian interpretations of the creation stories, but they have done so without calling into question the status of the Fall as a conclusive boundary. Elizabeth Cady Stanton (1895), Kate Millett (1969), Mary Daly (1973), Phyllis Trible (1978) and Mieke Bal (1987) provocatively turn the story of man’s Fall through woman (as in Paul’s reading) into the story of woman’s Fall through man, ignoring the fact that Eve does not vanish after Genesis 3, nor does she hesitate to rise and fall again in Genesis 4.

One of the distinguishing marks of Jewish feminist criticism, here and elsewhere, is the challenge it poses—wittingly and unwittingly—to Christian exegetical presuppositions. Thus, for example, Carol Meyers (1983) sets out to correct the tendency to read the story of the Garden of Eden as one whose central topic is sin and disobedience and calls for a reconsideration of Genesis 2–3 as a “wisdom tale” whose purpose is to address the complexities of human life for both women and men.

In my own reading of Genesis (1992), I go beyond the normative Christian demarcation in an attempt to show that the analysis of Genesis 4 is essential to an understanding of the treatment of femininity in Genesis 1–3. I begin with the opening verses of Genesis 4, where we learn that Adam and Eve, after the banishment, make use of the “knowledge” they acquired back west in the Garden. As a result two sons are born and Genesis 2–3 is linked to the story of Cain and Abel. What is of special interest in this genealogical note is the point in Genesis 4:1 where Eve, who previously was an object of naming, becomes a subject of naming. At the birth of her first son, the primordial mother delivers a fascinating naming speech: kaniti ish et YHWH—rendered by Cassuto as “I have created a man [equally/together] with the Lord”—setting the ground for maternal naming-speeches in the Bible. Naming is not only Adam’s prerogative, as Mary Daly (1973:8) claims, nor is it necessarily a paternal medium. In fact, Eve is no exception; more often than not it is the mother or surrogate mother who names the child.

Eve’s naming speech, however, is rather obscure. Although most commentators would agree that this speech expresses the primordial mother’s joy at the birth of Cain, their translations and interpretations differ significantly. This is far from surprising: every word in this speech poses a problem. The verb kana is polysemic, a feature which has allowed the by-now-discredited translation “to acquire” instead of the less theologically palatable “to create.” The use of the term ish (man) for a newborn boy is odd. But the final part et YHWH (literally, with the Lord) has been by far the most perplexing element. God is always present in procreation—opening wombs, giving seed. What is more, He is often the implied addressee in naming speeches, as is evident in the naming-speeches of Rachel and Leah in Genesis 29–30. But in Genesis 4:1, He is treated scandalously, as a partner rather than as the pivot around whom everything turns.

Umberto Cassuto, one of the few to acknowledge the radicality of the verse, suggests that “the first woman in her joy at giving birth to her first son, boasts of her generative power, which approximates in her estimation to the divine creative power. The Lord formed the first man (2:7), and I have formed the second man … I stand together (i.e. equally) with him in the rank of creators” (1961: 201). Eve’s position in the rank of creators allows her to become God’s partner in the work of creation; it allows her to “feel the personal nearness of the Divine presence to herself” (202). Cassuto supports his argument by showing that the verb knh in the sense of “create” is used both in reference to God’s creation of the world—as in the well-known expression koneh shamayim va-arez, the maker of heaven and earth (Genesis 14:22)—and, even more relevantly, in the context of divine parental procreation (Psalms 139:13, Proverbs 8:22). It is precisely by using a verb which in all other cases defines divine (pro)creation that Eve sets the birth of her son on the same footing with the birth of the race. Calling attention to polytheistic elements in the Hebrew Bible, Cassuto goes on to suggest that the same root kny or knw appears in the title of Ashera, the Ugaritic mother goddess: knyt ilm, “the creator/bearer of the gods.”

Eve’s naming-speech may be perceived as a trace from an earlier mythological phase in which mother goddesses were very much involved in the process of creation, even if in a secondary position, under the auspices of the supreme male deity. A speech of this sort is undoubtedly a bold provocation in a monotheistic context. If a mother goddess—be it Ashera, Aruru, or Mami—had delivered a similar speech, it could have been construed as “factual” or even as a token of modesty, but when the primordial biblical mother, who is a mere human being, claims to have generative powers which are not unlike God’s she is as far as possible from modesty.

Eve’s hubristic tendencies do not begin here. Already in Genesis 3, the first woman violates the divine decree, opting to become like God. Her naming-speech on the occasion of Cain’s birth is in a sense a continuation of her first rebellion. If in Genesis 3 she ventures to taste the fruit which opens one’s eyes, in Genesis 4 the primordial mother explores the ways in which the “knowledge” she usurped in the Garden of Eden may be realized. Her hubris is transferred to the realm of creativity. By defining herself as a creatress, she now calls into question the preliminary biblical tenet with respect to (pro)creation—God’s position as the one and only creator.

While the Bible is not a feminist manifesto but has a clearly patriarchal thrust, patriarchy is continuously challenged by antithetical trends. That such a challenge in turn does not escape critique may be seen not only in the punishment of Eve in Genesis 3 but also in the change in tone evident in Eve’s second naming-speech: “Adam knew his wife again, and she bore a son and named him Seth, meaning, “God has provided me with another offspring in place of Abel” (4:25). If Eve was the subject of the earlier speech, now God is the subject, the one who provides an offspring. He is restored to his conventional role as the protagonist of procreation. Is Eve more modest and careful at this point as a result of her first encounter with death? Does she take God’s punitive abilities more seriously now that death is no longer an abstract concept?

Eve’s acknowledgement of God’s power, however, does not entail an acceptance of Adam’s rule. The primordial mother still treats procreation as if it were an outcome of a transaction between God and herself alone. Such transactions are a common topic in maternal naming-speeches and serve, in a sense, as a female counterpart to the long conversations men have with God concerning seed and stars.

The ongoing interplay between a dominant patriarchal discourse and various opposing undercurrents is analogous to the tension between the divine plan and the disorderly character of actual historical events. God may be the ultimate authority, yet He is continuously disobeyed. Similarly, man has been officially allotted the position of master over woman, but this does not necessarily imply that she accepts his authority. The official hierarchy God-man-woman is never a stable one in biblical narrative. The capacity to transgress boundaries is one of the essential traits of the biblical character, whether male or female.

In the realm of creation, the “official” hierarchy goes as follows: God is the Creator, Adam is the Son of God, and Eve is a Daughter of Adam (to evoke another primeval story). But the story of creation does not end with the desires of God and Adam. The problem for both male authorities is that Eve rebels against her role as a subordinate of a subordinate in a field in which the female body has a prominent role. Through the naming of her sons, the primordial mother insists upon her own generative powers and attempts to dissociate motherhood from subordination.

Pardes, Ilana. "Creation According to Eve: Beyond Genesis 3." Jewish Women: A Comprehensive Historical Encyclopedia. 1 March 2009. Jewish Women's Archive. (Viewed on October 8, 2013) <http://jwa.org/encyclopedia/article/creation-according-to-eve-beyond-genesis-3>.