The Torah readings in Deuteronomy present, in full detail, the moral, social and ritual legislation adopted by b’nai yisrael for their new homeland. Some legislation reflects the behavior of ancient cultures (i.e., the draconian punishment for a disobedient child). Some legislation however, addresses values and needs which are timeless and essential for today’s society. As we read the text and commentary, we need to be aware of how the Torah both introduces central Jewish legislation and offers an historical glimpse into the past. Some of the text (such as marrying a female captive) is no longer applicable to our lives-and should not be! Some legislation - like rules of divorce have evolved over the centuries (although in my opinion more evolution is necessary). However, even for the legislation we contemporaries find most questionable, it is important for us to understand the Torah’s rationale. What historical conditions served as background for the Torah? We can argue that a specific law may have little place in today’s society, but we must be cautious about applying today’s values to antiquity.

Some of the laws we read today:

⧫ The neighborhood: Respect for the Edomites and Egyptians. Although some neighbors were beyond reproach, the Torah sensitizes b’nai yisrael to the people around them.

⧫ Welcoming runaway slaves: Slavery was a reality in antiquity but not effusively embraced by our Torah. Slaves fleeing to the community of Israel were welcomed with open arms. Today, we know that Israel has opened itself not only to Jews in peril, but to other people from across the globe. Immigration issues certainly exist there too, but the prevailing sentiment is that Israel must be the haven to those who have nowhere else to go. The subject of homelessness is certainly a condition we Jews sadly know too well…

⧫ Interest-free: Whatever the prevailing commercial and economic conditions, the Torah discouraged a Jew demanding interest from another Jew. Yes, it was acceptable to take interest from outside the community, but where today would interest be discouraged anywhere? The Etz Hayyim Humash briefly mentions the Jewish Free Loan Society; an organization which provides free loans enabling people to start businesses or to be economically solvent.

⧫ Stand by your vow: Making a vow was considered a binding, legal statement. Breaking a vow has legal ramifications but ethical ones as well. A person’s word speaks volumes about one’s reputation and character. However, we know there are unforeseen conditions which make it impossible to fulfill a vow. The Kol Nidre prayer on Yom Kippur reflects such unanticipated circumstances.

⧫ Divorce: The Jewish regulations concerning divorce have been questioned, debated, challenged and significantly modified over time. For some, the laws as they presently stand reflect the Torah’s commandments and can only be slightly modified. For others, the laws reflect a less egalitarian era and must either be abolished or severely altered. Going back to the origin, the Torah speaks about a man finding something “obnoxious” about is wife. What does that mean? The Torah’s world was a male dominated world, and therefore women were expected to act and behave accordingly. Any formal bill of divorce had to be initiated by the husband. A Jewish divorce included the “get;” a document which established that the couple were no longer husband and wife and that she was free to re-marry. Although the Torah does put control of the process in the husband’s hands, actual divorce legislation only evolved during the Talmudic era and beyond. Each religious movement today continues to interpret divorce legislation according to its own philosophy. For example, within the Orthodox community a get must be initiated exclusively by the husband. If he refuses to do so, his wife has little recourse, except to win community sympathy. When a husband refuses to grant his wife a get, she becomes an agunah   (“anchored woman”); no longer a wife but not eligible to be free to remarry. Because the agunah is such an abhorrent condition, there have been measures taken in the Orthodox world to ostracize and excommunicate any man who abandons his wife in such a state. In the Reform Movement, the state takes precedence; no get is required. The state adjudicates between a husband and a wife. It is within Conservative Judaism that opinions and decisions are still hotly contested. Conservative Judaism believes in the power of traditional Jewish law. Although law can be changed to reflect the times, it should not be abrogated wherever possible. For the most part therefore, Conservative Jewish practice requires the man to take initiative in the divorce process. However, our Rabbinic Committee on Jewish Law and Standards has taken measures to address the powerlessness of women while still remaining faithful to Jewish practice. Let’s say a husband refuses to initiate divorce proceedings; what, then, can his wife do to extricate herself from a bad marriage? There is a Talmudic teaching which argues that marriages are made only with the consent of the rabbis. Were we to know that a husband would be so recalcitrant about granting a divorce, we would have refused the marriage in the first place. Therefore, we retroactively annul the marriage. There are some additional steps and conditions necessary, but such was the way to both preserve the sanctity of Jewish law and to preserve the honor and independence of a woman. The process of annulling, hafka’at kiddushin, places more control in a woman’s hands but enabling her to initiate action in front of a Conservative bet din (legal court). This process is certainly evolutionary but not all inclusive. To receive an annulment a woman must prove that all attempts to convince her husband to initiate proceedings have failed. She must demonstrate that either her husband refused or ignored all attempts to convince him to grant a get. Ultimately, hafka’at kiddushin liberates a woman without requiring consent from her husband. However, there are some rabbis (again, within the framework of Jewish law) who have called for an egalitarian approach to the get process, enabling a woman to initiate a get just as a man has been able to since Mt. Sinai. As of now, this latter proposal has not received adequate support.

There are additional laws in our triennial reading: Military deferrals for new husbands, rules against kidnapping, addressing the disease the Torah refers to as leprosy etc. The vast legislation conveys how the Torah serves as a comprehensive social, economic, political, and spiritual blueprint for the Jewish people.

Haftorah Reading: Isaiah 54:1-10 (pages 1137-1139)

The Haftorah is the 5th Haftorah of Consolation following Tisha B’Av (9th of Av, a day commemorating national disasters). Isaiah shares God’s message of hope. Using the metaphor of a childless woman, we read that Israel will once again return to its Land and her children will multiply.

...My loyalty shall never move from you,
nor my covenant of friendship be shaken….