Dvar Torah - Parshat Chukkat


Among the Masai tribesmen of East Central Africa, spitting is considered an act of friendship.  Tribesmen spit at each other when they meet and spit again when they leave each other. When two Masai make a trade in business, they spit at each other to seal the bargain.  According to the Masai, it is disrespectful not to spit in these moments.
Every year in a small community in India, members get together to throw the new village babies off the top of a 50-foot tower. Don’t worry – the babies are caught in a sheet held by other villagers on the ground. It is believed that the practice will give their children long and healthy lives.  The ritual has been occurring for over 500 years.
What seems criminal, rude, or simply unsanitary in our worldview, is an essential element of cultural norm for another.  These practices, and many others like them, are part of a communal understanding created over centuries.  To the outsider looking in, who can only intellectually consider these rituals within their context, it seems impossible to understand why they do such strange things.  You have to be on the inside of a community to truly experience the power of the practice.
This week parashah, Chukkat, contains one of Judaism’s most unexplainable rituals – the mitzvah (“commandment”) of the “red heifer.”  To call it unusual would be an understatement.  Even insiders find it bizarre.  At its core, it describes an elaborate purification ritual.  It involves blood, ashes, water and lots of steps that make me long for an ancient instruction manual.  The end result creates “mai niddah” – which I might translate as “waters of purification.” These waters are then used to purify the impure.  Paradoxically, the maker of this complicated purification mixture becomes impure as a result of making the mixture.  So strange – purifying another leaves the purifier impure.  I don’t know about you but it leaves me baffled every time.  Texts like this make me wonder about the state of mind of our ancient ancestors.  And just exactly how I should relate to such an archaic idea? 
Luckily for me, I’m in good confused company. The red heifer ritual has challenged scholars for centuries.  The ancient commentators have a field day trying to figure out exactly what the point is of this rite.  They often come up short.  Even wise King Solomon, a midrash teaches, was mystified by the reasons behind the red heifer.[1]  My favorite of the commentaries recounts the story of Moses witnessing God studying the law of the red heifer.[2]  If God has to study the law in order to explain it, I feel fairly certain my attempt at explanation is probably best left unsaid.
Perhaps then the most interesting way to represent this law, as well as some of the other seemingly irrational mitzvot given to us by Judaism, likely starts with classification.  The mitzvot found in the Torah generally fall into three categories.  The first category we call mishpatim (“judgments.”)  These include laws we humans would have eventually come up with on our own even if the Torah did not present them.  Think 10-commandment type of laws – Thou shall not murder or commit adultery.  These laws make sense.  They emit a moral sensibility.  Almost everyone understands the rational reasons behind these laws. 
The next category of Torah laws are mitzvot whose function we have come to understand in spite of the fact that we humans would not necessarily have come up with them on our own.  Referred to as eidot (“testimonials”) these laws include the observance of Shabbat and our holiday festivals.  They are, as a whole, somewhat less rational but most of us are have learned to appreciate their purpose and meaning. 
The final category of Torah laws are chukim (“decrees”).  Chukim frankly defy logic and explanation, which might be why traditional understanding suggests we follow these laws because “God said so.”  Chukim include the laws of impurity and purity, this strange mitzvah of the red heifer, and many also put the laws of kashrut in this category.  These laws seem incomprehensible to us. They just don’t make sense – especially in today’s modern, rational world.
            But for all the reasons they fail to resonate for us today, there surely must have been clear motivation for putting these chukim into our tradition.  The culture that created these laws was different from ours – its understanding of the role of the community in society versus the role of the individual in society was wholly foreign from our Western culture that promotes independence as a leading value.  Laws like kashrut, ritual bathing and the purification rite of the red heifer involved a cultural norm that put the needs of the community above the needs of the individual.  For our ancestors, many of the laws they put down in the Torah were in support of the health and preservation of the community at large.  The individual mattered but not at the expense of communal wellbeing.
             Within today’s society, it sometimes seems that this concept of communal wellbeing has become a distant idea.  We live in a culture that underscores autonomy. Rules that promote the community over the individual challenge our individual needs and wants.  Consider, for example, security measure at airports.  I permit an invasion of my privacy because I consider the law beneficial to my individual safety.  I’m willing to follow a law that actually benefits the community but only if I deem it worthwhile for me.  The author Jonathan Haidt calls this mindset the “ethics of autonomy.”  In a chapter of his book entitled The Righteous Mind, he proposes that societies like ours generate moral systems that are individualistic and universalist.  He suggests that this creates people who see a “world full of separate objects, rather than relationships.”  We buy into ideas like justice and equality but not necessarily at the expense of our individual desires.
            But this moral system does not necessarily dominate all cultures.  There are others that see “relationships, contexts, groups and institutions as their core.”  Haidt calls this the “ethics of community” and it should sound vaguely familiar to all of us who call ourselves Jews.  Judaism thrives in a space where the “ethics of community” dominate.  These ideals put community first and create an interdependence designed to strengthen not just the community but also the individuals who live within that community.  This perspective perhaps makes most sense from which to begin understanding rituals like the red heifer, purity and kashrut.  These laws are a reminder of the importance of the health and wellbeing of the group.  Viewed in this way, the chukim of the Torah lose some of their individual irrationality and become communally rational.           
            Rabbi Leo Baeck once taught that Judaism was founded equally upon both mystery and commandment.  Commandments like the chukim teach that the “ethics of community” can move us beyond our innate ethical intent.  To live in community means we must sometimes answer the call of an action because we are part of something larger than just ourselves.  Then, the irrational becomes rational as we work together to create a better world.


[1] Yalkut Shimoni
[2] Bamidmar Rabbah 19:7

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