Parashat Vayigash: The First Jewish Lawyer

 The Defence Lawyer in full flow is in the process of delivering their closing argument which they hope will convince the jury of their client’s innocence.  We’ve sat there for two hours, in the dark, on tenterhooks, waiting for this very moment.  Will they succeed?

‘To Kill a Mockingbird’, ‘The Verdict’, ‘Denial’, ‘A Few Good Men’, ‘Witness for the Prosecution’ along with some fine John Grisham adaptations such as ‘A Time to Kill’ and ‘The Rainmaker’ are examples of some gripping courtroom dramas that leave us sitting on the edge of our seats.  That is, unless we’ve been in that situation ourselves and are averse to watching them in the first place!

Around thirty years ago, my father was part of a group of Jewish retirees who acted in ‘Am Dram’ productions which were written and produced by a very talented lady who had been an actress in her youth.  Being a fellow American, she took a shine to my dad and liked to give him the juiciest roles in her murder-mysteries.  He was usually cast as a razor-sharp lawyer (prosecution or defence depending on the storyline), detective inspector or even on one occasion, the actual murderer!  I went to see him in some of the plays and was impressed as to how seriously he took his roles and delivered some sterling performances.  I wouldn’t call them Oscar-worthy, but they were certainly memorable.  Who knows, perhaps in another life, my father might have been a lawyer (or an actor) instead of an architect!

I don’t think that it is a coincidence that so many Jews have found their calling in the legal profession (or alternatively in acting).  After all, we learn how to debate and argue with our elders and peers from a very young age, hone our analytical skills poring over pages of Gemara and generally love to put on a performance whenever we can find a suitable audience.  I flirted with studying Law many years ago but decided against this, to focus on education instead.  Sometimes, standing at the front of a classroom and delivering a lesson to a challenging class makes me wonder if it wouldn’t be easier to argue my case before a short-tempered Judge!

It appears that we have a natural talent in this field and if you wonder where we inherited it from, look no further than this week’s Parasha.  The man from whom we derive our name of ‘Yehudim’ (Jews), Yehuda aka Judah delivers a heart-wrenching defence of his youngest brother, Benjamin in the presence of Tzafnat Pane’ach, the Grand Vizier of Egypt who has accused him of the theft of his prized silver goblet.

Picture the scene:

Benjamin has been caught red-handed by Menashe, Joseph’s eldest son.  The brothers, shaken to the core have returned to Egypt, having ripped their clothes in desperation at their dire situation.  They have offered themselves as slaves in exchange for the return of Benjamin to his grieving father.  Tzafnat Pane’ach, whom we know to be Joseph has told them to return to Canaan and leave Benjamin in situ to become this man’s slave.  What can be done to remedy the situation?

Let us recap Judah’s record to date.

1.    He originated the idea of selling Joseph.

2.    He left his siblings due to the disgrace he brought upon himself when they realised the gravity of the situation following Jacob’s reaction to the ‘violent death’ of his favourite child.

3.    He called for Tamar, his daughter-in-law to be burned for the sin of harlotry, when in fact she had justifiably performed the mitzvah of Yibum (Levirate Marriage) by posing as said prostitute thus ensuring that through their having relations, his bloodline would continue following the deaths of his two wayward sons from which she had been widowed.

Judah set the bar (pun intended) for many future Jewish Lawyers to follow in delivering one of the finest legal defences in the whole of Tanach.

In his impassioned speech he begins by relating one of the brothers’ first conversations at the time of their initial trip to Egypt:

“My lord asked his servants, “Do you have a father or brother?” and we told my lord that we have an elderly father and there is a young son, a child of his old age.  When his brother died, he was the only one of our mother’s sons left and his father loves him.” [Bereishit 44:19-21]

He recounts their conversation word for word, explaining what happened and why Jacob was so reticent in permitting Benjamin to return with them, until he had no choice but to agree to their behest once the original grain had been exhausted and the family was low on food.

He describes Jacob’s anguish:

Then your servant, my father, said to us, “You know that my wife bore me two sons.  One is gone from me, and I said, He must have been torn to pieces.  I have not seen him since.  If you take this one from me and harm befalls him, you will bring down my grey head in grief to Sheol” (the place where the dead lie)…

When he sees that the boy is not with us, he will die.  [27-31]

He restates his promise to Jacob that if he didn’t return with Benjamin, he would have sinned against his father ‘for all time’.

He concludes his argument with the ‘killer line’, offering himself up in lieu of Benjamin:

“So please let your servant stay as my lord’s slave in place of the boy and let the boy go back with his brothers.  For how can I go back to my father if the boy is not with me? I could not bear to see the misery that would overwhelm my father!”

In a masterstroke, Judah has introduced the art of delivering guilt in a continent-sized portion onto another Jew.  How can Tzaphnat Pane’ach not drop his guard, tell the others to leave the room and weep ‘so loudly that the Egyptians could hear him and the news reached Pharaoh’s palace.’

He reveals himself as Joseph leaving the brothers ‘so bewildered at his presence that they could not answer him.

I admit that this is not how most courtroom dramas end.  Usually, the Judge asks the Jury to retire to consider the evidence and come to a unified conclusion (at which point, it would be remiss of me not to mention ‘Twelve Angry Men’).  The tension is increased for a few more agonising minutes before the verdict is delivered, which is inevitably followed by jubilant scenes accompanied by schmaltzy music, picturing the victorious defendants and defeated prosecutors.  You get a freeze frame, an after-scene if you’re lucky and then the credits.

The narrative that introduced this week’s Parasha is however more than just a courtroom drama.  It is the culmination of a saga that began with the story of sibling rivalry dating back to the violent relationship between Cain and Abel and later, Yaakov and Eisav.  We know who Tzafnat Pane’ach is and the journey that he has taken.  He used to be a spoiled and arrogant teenager but now, Joseph is the wise man behind the mask.  Judah similarly has grown up and developed into the man who wants to ensure that he won’t repeat the mistakes of his youth.  It has taken over two decades for these two to be reconciled to a certain degree and it is telling that in the future, the descendants of Judah and Joseph would establish rival kingdoms in a split country.  Tensions though mended were never fully healed.

It is a fissure that will only be rectified when the two Moshiachs grace us, first ‘ben Yoseph’ and finally ‘ben David’ our most famous king who was the direct descendent of Judah.  In our ‘court case’, the resultant verdict was not only the salvation of Benjamin and the revelation of Joseph, but the healing of a fraternal relationship that had been fractured by pettiness, tale bearing and envy which are all very human traits.  They demonstrate how fragile families are and how much damage can be caused if we don’t value or respect them.

Judah, whom I am describing as the world’s ‘first Jewish Lawyer’ teaches us how important it is to stand up for those who need protection and to do everything we can to defend those we love and cherish.  This lies at the heart of what it means to be a Jew. We support each other against odds that sometimes seem unsurmountable.  Our annual reconnection with this story serves to remind us of what really matters, which remains in our collective memory long after the ‘credits of Bereishit have faded’ and we’ve continued following the Torah’s path through the Book of Shemot and beyond.

Whilst the Israelites were readying themselves to leave Egypt, Moshe’s focus was on locating the bones of Joseph. These would be carried throughout the forty years until they were eventually buried in Shechem where they lie to this day. They are awaiting their resurrection through the arrival of Judah’s descendent to bring about the final chapter in reuniting the descendants of Judah with those of his brothers (as described in the Haftorah).

This will signify the end of the court-case that was begun in Egypt so many years ago and may we all be worthy to witness this event, speedily in our days!

Shavuah Tov.

Parashat Mikeitz: The Joseph Mystery

“Oh no—not he!

How can you accuse him is a mystery

Save him—take me

Benjamin is straighter than the tall palm tree.”

(Andrew Lloyd Webber and Tim Rice, taken from “Joseph and the Amazing Technicolor Dreamcoat)

The story of Joseph’s encounters with his estranged brothers, in both Mikeitz and the start of Vayigash, could be described in the words of Winston Churchill as being akin to ‘a riddle, wrapped in a mystery inside an enigma.’

Summing up their first meeting, the following takes place:

1.    The impact of the famine in Canaan has forced Yaakov to send the ten brothers down to Egypt where there is grain.  He forbids them from including Benjamin in their party.

2.    They stand before Joseph and although he recognizes them, they don’t realise who he is.

3.    He accuses them of being spies and prohibits them from leaving Egypt until they return with Benjamin.

4.    He jails his brothers for three days and then only agrees to allow them to leave on the condition that Shimon stays behind.  He is then led away to prison.

5.    Joseph orders that the brothers’ sacks are filled with grain and the money that each has paid for a quantity of grain is returned inside their individual sacks.

6.    In the desert, Levi opens his sack to feed his donkey and finds his money pouch.

Rabbi Sacks’ translation accurately conveys the scene:

“My money has been returned!” he told the brothers.  “There it is in my pack!”  Their hearts sank.  Trembling, they turned to one another, saying “What is this that Gd has done to us?” (42:27-28)

Reading the story so far, one tries to understand Joseph’s game plan and decipher what he hoped to achieve by acting in this manner.  The brothers have come down to Egypt in good faith to buy food.  This dignitary has accused them of being spies; jailed them for three days, taken the second eldest brother as a hostage in return for the youngest being brought back; sent them on their way and finally donated the grain they requested gratis!

The story becomes even more bizarre when, having exhausted the grain and feeling the pangs of hunger once again, they have no option but to return to Egypt with Benjamin in tow, in tandem with peace offerings of balm, honey, spices, myrrh, pistachio nuts and almonds and double the amount of money they had originally taken, as well the original amount.

When they meet with Joseph, he invites them to dine in his home and instructs his steward who also happens to be his eldest son Menashe to take his brothers back to Joseph’s house. Once there, they are reunited with Shimon and when Joseph finally arrives, they present their tributes and prostrate themselves in front of him (as per his dreams). They are treated like VIPs; served the best cuisine (Benjamin is given five times as much as the others) offered the finest wine and finally sent on their way back to Canaan with sacks full of grain which all include their money pouches…along with Joseph’s precious silver goblet which Menashe has secreted inside Benjamin’s bag.  Joseph gives them a head-start before sending him to catch up with them, search their bags and inevitably find the bag, accusing his uncle of being a thief who will forever be enslaved to Joseph.  Benjamin has effectively been framed by Joseph for something he did not do.

If you thought the story was a little strange before, at this point, it would not be an understatement to refer to it as being ‘off the scale’!  What are Joseph’s motives and why would he act in such a callous way to the only brother with whom he shared both parents?

Chazal, our Sages, grappled with these questions and shed some light on this fascinating series of events.  I will enumerate a few of these to you.

There are three strands (source: https://alhatorah.org/Why_Did_Yosef_Frame_Binyamin/2) to their responses and these are:

1.    Joseph wanted to see if his brothers had truly repented for having sold him in the first place.

He had accused them of espionage so that they would have no option but to return to Egypt to free Shimon whilst bringing Benjamin as part of the deal.  He would carefully observe how they treated their youngest brother and whether he too had been similarly despised.  He added an additional test by risking the brothers’ ire through favouring him during the banquet.  Philo, a Jewish Greek historian (d. c.50 CE) wonders whether they despised Benjamin in the same way that they had done to Joseph?

When he returned their money the first time around, this was not necessarily carried out as a test but more as a way of demonstrating that he was looking after their welfare (Rabbi Shmuel ben Chofni d. 1034).  Similarly, the Ramban (d. 1270) and Sforno (d. 1549) suggest that this was also carried out of goodwill and not part of his plan to test them.

Sefer Hayashar, a medieval Midrash, posits the theory that Joseph had already revealed his true identity to Benjamin, so that he was playing along with a scenario of having been framed.

The brothers’ reactions and particularly Yehuda’s moving plea for clemency which appears at the start of next week’s Parasha indicates that they had repented.  In returning their money, Joseph was showing them that he harboured no ill will towards them.

2.    He had no interest in reconciling with his ten brothers per se, but wished to reconnect with his father and Benjamin.

This is a completely different angle but nonetheless interesting.

Shadal (d.1865) puts forward the idea that Joseph was primarily interested in reconnecting with Benjamin which would be the most natural thing for him to do, granted their shared parentage.  He therefore constructed the entire charade to have Benjamin brought down to Egypt for that purpose.  Reconciling with his brothers and father were a by-product of this reunion.

On the other hand, R’ Yosef Bekhor Shor (12^th Century, France) holds the idea that Benjamin was used as a pawn to entice Yaakov to come down to Egypt to plead for his youngest son and, in the process, this would lead to a reconnection with Joseph.  He didn’t reveal himself to his brothers until he could no longer hold back his emotions, which we read about next week.

This idea does not show Joseph in a positive light and if we go along with this, we have to take on the view that Yehuda’s plea caught him off guard.

Whether he constructed the entire process to meet either Benjamin or Yaakov does not factor in his desire to reconcile with his brothers.  That he returned their money however, demonstrates that he was concerned about their welfare.

Or we could consider the final strand:

3.    Joseph wished to punish his brothers for what they had done to him more than two decades earlier.

Radak (d. 1235) suggests that Joseph’s actions came as the result of pure vindictiveness towards his brothers.  He did not wish to physically punish them but to put them through emotional distress, which inevitably he did.  That said, his motive most probably lay in teaching them a lesson and engendering them to become better individuals.  He is, after all, known as Yosef Hatzaddik – ‘the righteous one’.

In returning their money, he was therefore playing mind games with them which is what happened as they were no doubt scared the first time around.  Joseph might also have been knowingly punishing his own father for having left his grandfather, Yitzchak, for the same amount of time, which was 22 years.  Radak’s criticism of Joseph is that his actions came about as a result of the feelings of revenge for what had happened to him – in contrast to the view taken by the vast majority of other commentators, who saw him indeed as a tzaddik.

All of which leaves us, as every good mystery should, with more questions than answers.

Whatever Joseph’s motives, and whichever avenue of thought you choose to follow, we do know that the outcome of the story was positive.  He was reunited with his brothers and father.  We know that this leads us to the next chapter in our long history and the Egyptian exile that we will be reading about very soon.  Our annual reminder of the dangers of fraternal strife is as relevant now as it always was.  How brothers who should have loved each other behaved in a way that is sadly, not unusual (although thankfully selling your sibling to Ishmaelite traders is not all that common these days!)

We have a great deal to learn about ourselves from these Parshiot and how we must do everything we can to engender peace with one another in our nation.

We may not always agree on everything (we are Jews after all!) but if we can treat each other as graciously as our ancestors did once they had reconciled, there is hope that we might be able to inspire those outside of our nation learn how to behave more respectfully towards one another.  The story of Joseph and his brothers is so much more than just the inspiration for a wonderful musical! 

Shavuah Tov.

Parashat Vayeishev (Shabbat Chanukah): Are We Here Yet?

 In 2012, Stephnie and I had not managed to secure tickets for the Olympics in the various ballots and this was the next best thing. We wanted to visit the Olympic Village and tried to obtain tickets for the Paralympics. We were successful and on 9^th September, watched Iran beat Brazil 5-0. There were 11,597 of us in attendance, witnessing two seven-a-side teams comprised up of blind footballers kicking around a football into which a bell-like instrument had been inserted. It was a strange experience to say the least and to date, the only football match I have attended. Had I been to Wembley, the largest capacity football stadium in the UK, for a Cup Final, I might have known what it would feel like to be surrounded by 89,999 other spectators.

This is my way of describing how extraordinary it felt to be a participant in the March Against Antisemitism in London a few weeks ago. According to the Campaign Against Antisemitism, who derived their figures from sources which included their volunteers, the CST and Police, I was one of approximately 105,000 attendees. Wembley, eat your heart out!

I can honestly state that I have never seen so many people at any event I've ever attended. We were all gathered there, Jews and Non-Jews for a number of reasons - one of which being to demonstrate that, after being re-admitted to this country 367 years ago, in the words of David Baddiel (which I apologise for deliberately misquoting), Jews Do Count. Our presence as loyal, hard-working, and dedicated citizens of the United Kingdom (hopefully)sent out the clear message to our fellow islanders that our voices needed to be heard and that those who wished to threaten and intimidate us would not be successful.

This week's Parasha begins with the following verse:

 

Yaakov settled where his father had lived as a stranger, in the land of Canaan. (37.1)

The Torah does not state the number of years Jacob lived in Canaan between the time he arrived and the sale of Joseph. Using Rashi's calculations (based on Megillah 17a), we can work out that he would have been living in the country for around a decade. During this time, he witnessed the tragic death of his beloved wife Rachel, the rape of his daughter Dinah and the violent retribution enacted upon the citizens of Shechem by her brothers, Shimon and Levy. These had not been easy years for the elderly patriarch.

Now, at this juncture in his life, he was finally 'settled'. The Midrash (Bereishit Rabbah quoted by Rashi) even interprets the word ‘Vayeishev – and he settled’ to mean that Yaakov wanted to live in peace but then the episode with Joseph ‘pounced upon him’. He adds humorously that Gd said “it is not enough for the righteous to obtain that what is prepared for them in the world to come, they also want to partake of this in this world too!”

Yaakov believed that, after a lifetime of tribulation, he had found the peace he longed for. Working backwards from his death in Egypt at the age of 147, we can estimate that he was 108 years old (factoring in the 22 years he was apart from Joseph and the last 17 years of his life.) He hoped to spend his golden years surrounded by his family, enjoying the time he had left in the company of his children, grandchildren and perhaps great-grandchildren. As we know, this was not to be.

Yaakov’s hopes of living in peace are encapsulated in the single word that begins this week’s Parasha and by which it is known. These are dashed within the space of a few verses. ‘Vayeishev’ is ironically focussed on one of the most unsettling episodes that formed the origin of our nation, namely the sale of one brother by most of his many siblings.

How many of our ancestors could truly claim to be settled in any one location for a significant amount of time without having to either flee or live under duress by a cruel tyrant or inhospitable neighbours? The last century saw us running for our lives, quite literally, from one country to another. We thought we were safe from Nazi Germany when we settled in France or Holland in the 1930s…until 10^th May 1940 when Germany invaded those countries as well as Belgium and Luxembourg.

We settled in Spain until the Inquisition drove us out. We settled in Iraq, Iran, Syria, Yemen and Egypt until we were forced to leave after the creation of the State of Israel. Even England which welcomed us in 1066, expelled us just over two centuries later.

These were some of the thoughts that occupied my mind as I walked slowly through the streets of London amongst others who might have been on my wavelength. Like Yaakov, we believed that the worst was behind us and mostly sunny days lay in front.

That the existence of the State of Israel would convince us that ‘never again’ really meant ‘never again’ in terms of feeling secure as Jews in an enlightened Britain. The one which had accepted our presence for over three-and-a-half centuries.

Surely, if Yaakov ‘settled’ where his father had been a stranger and felt this after a mere decade, how could we, his descendants who have resided here uninterrupted by war for so long, feel any different?

On Friday night, we lit the second candle on our Chanukiot. We are celebrating a festival that marks events that took place so very long ago. We know how the Maccabees defeated the Seleucids and in doing so, resulted in our being able to reclaim our country and re-dedicate our Temple.

For the next 140 years, we were able to remain settled in the land until the destruction of the Beit Hamikdash in 70 CE. For a fleeting moment, in the winter of 164 BCE, like Yaakov and his descendants, they believed that brighter days lay ahead.

Granted the examples I have cited; it is easy to become despondent and wonder, in all honesty, if we can ever truly be settled, for history has shown us the result of our complacency. Which is why I want to end by returning to the march and the belief it gave me that things can be different this time around.

105,000 people felt it important enough to come out from every corner of the British Isles on a cold and rainy day in November to show solidarity both within and beyond the Jewish Community.

105,000 people were so disturbed by the ugly and disturbing scenes they witnessed on the same streets of London for over a month, that we voted ‘with our feet’ and attended this gathering which required a thoudsand police and countless security personnel to keep us safe.

105,000 people marched through London to demonstrate the fact that we will not be cowered by those who seek to deny us our legitimacy as Jews and for many present, proud Zionists.

We were there because like Yaakov, we believed that we are ‘settled in a land where our ancestors had once lived as foreigners’ and despite the events that may, Gd forbid impact us in the future, we will continue to play our part of citizens of this country, just as we have done in the last 367 years. If we choose to make Aliyah, this will be on our terms and not because we have been driven out of the United Kingdom’.

The same hope which Yaakov exhibited in believing that things could only improve inspired the Maccabees to fight an enemy that was greater in number and more powerful in weaponry. In turn, this drives the IDF to defeat an evil enemy who can call on many friends throughout the world to fight on its behalf.

And it is why 105,000 people chose to walk through the streets of our capital to remind the many who try to delegitimise our small nation that though they may outnumber us, we will never succumb to their threats, bullying and intimidation.

I may not have attended a Cup Final at Wembley, but for a few hours on Sunday, 26^th November 2023, I was standing amongst champions.

Am Yisrael Chai.

Shavuah Tov and Chanukah Sameach.