TOOLKIT /eifogeorge
TABLE OF CONTENTS Introduction 3 Text Studies Midrash on the Moses Standard 4 Encroachment Hasagat Gevul 5 Modern Voices 6 Common Questions About Settlements 9 Three Questions to Ask Before Investing Your Money in Israel 13 Table of Contents 2
Introduction So you just watched the video, liked and shared it, and you want some next steps to dig into the topic a little more deeply. Here are some resources to get you started: 1. Take a look at the midrash that the bat-mitzvah girl in the video learned with her rabbi about the Moses Standard of transparency. We re asking JNF to show this same level of transparency that Moses set as the standard for Jewish leaders. 2. Transparency is but a first step along the way to the larger goal of ending funding of settlement activity in the West Bank. Below you ll find a collection of texts ancient and modern that consider the negative impact of settlements on both Israelis and Palestinians. 3. Ask the three questions below before donating money to an organization investing in Israel. 4. You ll also find suggested activities for further exploring these issues. Introduction 3
Midrash on the Moses Standard The midrash exists in two versions. What does each contribute to the picture of Moses transparency? What could each teach us about the expectations we should have of the organizations and leaders with whom we entrust our own donations? Shmot Rabbah 1 51:6 Why did Moses have to make an accounting, seeing as God trusted Moses so implicitly that God said in Numbers 12:7, My servant Moses is not so; he is trusted in all My house? Because Moses overheard certain Israelites scoffing behind his back, saying, See the back of the neck of this son of Amram [how fat it is]. To which his friend retorted: What! Do you expect a man in charge of the construction of the Tabernacle not to be rich? When Moses heard all this, he said, I vow, as you live, that as soon as the Tabernacle is completed, I will give you an account of everything. And he said to them: Come, and we will make an account. ולמה עשה עמהם חשבון, הקב ה יתברך שמו מאמינו, שנאמר )במדבר יב:ז( לא כן עבדי משה בכל ביתי נאמן הוא? ר חמא אמר: היו אומרים: חמי קדל דבריה דעמרם. וחבירו אומר לו: אדם ששלט על מלאכת המשכן, אין אתה מבקש שיהא עשיר? כששמע משה כך, אמר להם משה: חייכם, נגמר המשכן, אתן לכם חשבון! אמר להם: בואו ונעשה חשבון. Shmot Rabbah 51:1 These are the accounts of the Tabernacle R. Tanhuma b. Abba opened [his interpretation by quoting]: A dependable man will receive many blessings, but one hurrying to get rich will not go unpunished (Prov. 28:20). [ ] A dependable man refers to Moses, who was made the treasurer over the construction of the Tabernacle. Our Rabbis taught: We do not appoint fewer than two people with control over public finances. But behold that you find that Moses alone was treasurer, while here you say we do not appoint fewer than two? Rather, even though Moses alone was treasurer, he called upon others to audit the accounts on their own, for it says, These are the accounts of the Tabernacle which were rendered at Moses bidding It does not say which Moses rendered but which were rendered at Moses bidding, namely, for Moses, but under the direction of Itamar (Exodus 38:21) ואלה פקודי המשכן כך פתח ר תנחומא בר אבא )משלי כח( איש אמונות רב ברכות אתה [...] איש אמונות זה משה שנעשה גזבר על מלאכת המשכן שנו רבותינו אין ממנין שררה על הצבור בממון פחות משנים והרי אתה מוצא שהיה משה גזבר לעצמו וכאן אתה אומר אין ממנין פחות מב אלא אע פ שהיה משה גזבר לעצמו הוא קורא לאחרים ומחשב על ידיהם שנאמר )שמות לח( אלה פקודי המשכן אשר פקד משה אין כתיב כאן אלא אשר פקד ע פ משה ע י משה ביד איתמר 1Shmot Rabbah, from the medieval period, is the main exegetical midrash [commentary] on the book of Exodus. Midrash on the Moses Standard 4
Encroachment - Hasagat Gevul Deuteronomy 27 (Tr: NJPS, adapted) 17) Cursed be he who moves his fellow s landmark. And all the people shall say, Amen. 18) Cursed be he who misdirects a blind person on his way. And all the people shall say, Amen. Rashi (Tr: T ruah) Moves a landmark --moves it backward and steals the land; the same language as Isaiah uses, turned away backward (Is. 59:14). Isaiah 59:14 (Tr: JPS) And justice is turned away backward, and righteousness stands far off; for truth has stumbled in the broad place, and uprightness cannot enter. Ibn Ezra (12th century rabbi; Tr: T ruah) Moves his fellow s landmark --[Cursed] because this is a secret act. Misdirecting a blind person --here, too, he cannot say who misdirected him. Samson Rafael Hirsch (19th century rabbi, father of Modern Orthodoxy; Tr: T ruah) According to the context, therefore, this is the idea of these curses: a person who does one of these things will not succeed in his ways. He shows himself outwardly as one who cleaves to God, but secretly he is a heretic and rebels against God s presence and unique authority...in the eyes of all he preserves his good name as an honest person, but when no one is looking he encroaches on his fellow s legal territory for his own gain... דברים כ ז יז: א ר ור מ ס יג ג ב ול ר ע ה ו ו א מ ר כ ל ה ע ם א מ ן. יח: א ר ור מ ש ג ה ע ו ר ב ד ר ך ו א מ ר כ ל ה ע ם א מ ן. רש י מסיג גבול - מחזירו לאחוריו וגונב את הקרקע לשון והוסג אחור )ישעיה נט, יד). ישעיה נט:יד יד: ו ה ס ג א ח ור מ ש פ ט וצ ד ק ה מ ר ח וק ת ע מ ד כ י כ ש ל ה ב ר ח וב א מ ת ונ כ ח ה ל א ת וכ ל ל ב וא אבן עזרא מסיג גבול רעהו - כי הוא דבר נסתר. ומשגה עור - גם כן לא יוכל לפרסם מי שהשגהו. שמשון רפאל הירש על פי ההקשר, זה הוא אפוא הרעיון של הארורים. האלה: ארור : לא תצלח דרכו של אדם העושה אחד מאלה: הוא מתחזה כלפי חוץ כמי שדבק בה, אך בחשאי הוא כופר במציאותו ובהנהגתו הבלעדית של ה ;...בעיני הבריות הוא שומר על שמו הטוב כאדם ישר, אך באין רואים הוא מצמצם את תחומו החוקי של רעהו כדי להפיק תועלת לעצמו Discussion Questions 1. How does the concept of encroachment speak to the issue of settlements? 2. How does the commentators focus on the secrecy of the act speak to the issue of transparency? Encroachment - Hasagat Gevul 5
Modern Voices Rule over the occupied territories would have social repercussions A state ruling a hostile population of 1.5 to 2 million foreigners would necessarily become a secret-police state, with all that this implies for education, free speech, and democratic institutions. The corruption characteristic of every colonial regime would also prevail in the state of Israel Out of concern for the Jewish people and its state we have no choice but to withdraw from the territories and their population of one and a half million Arabs. -Yeshayahu Leibowitz, 1968, in Judaism, Human Values, and the Jewish State, pp. 225-226 No one can alter the past. Our historical right applies to the entire Land of Israel. But in addition to our historical right, there is also a historical obligation: to preserve the Jewish character of the state, and not just a formal deed of ownership. -Shimon Peres, writing in Maariv, October 1979 2 The settlements are a very grave phenomenon a cancer in the body of Israeli democracy. Yitzchak Rabin, Service Bloc Note, 1979, p. 551 3 The more that we build, the more that we support and encourage [settlers ] right to live in the land, the harder it s going to be for disengagement, for withdrawal. -Kimberly Troup, director of the Christian Friends of Israeli Communities American office; New York Times, 7/5/2010 4,5 While the private donations [from Americans] could not sustain the settler enterprise on their own, a couple of hundred million dollars makes a huge difference, and if carefully focused, creates a new reality on the ground. Daniel C. Kurtzer, US Ambassador to Israel, 2001-2005; New York Times, 7/5/2010 6 2 Lords of the Land, by Idith Zertal and Akiva Eldar. 2005. p. 231 3 Lords of the Land p. 47 4 http://www.nytimes.com/2010/07/06/world/middleeast/06settle.html?pagewanted=all&_r=2& 5 Troup s organization s homepage (www.cfoic.com) states: CFOIC Heartland enables Christians to connect with the Jewish communities (settlements) in the heart of Biblical Israel. Judea and Samaria (the West Bank ) is not occupied territory. It is the birthplace of the Jewish people. 6 http://www.nytimes.com/2010/07/06/world/middleeast/06settle.html?pagewanted=all&_r=2& Modern Voices 6
BS D 11 Menachem Av, 5765 Rabbi Aharon Lichtenstein. Question Sent to HaGaon Rav Avraham Shapira, shelita, 2005 (in response to Shapira s ruling permitting resistance to soldiers evacuating settlements in Gaza): There are military and political professionals who maintain that there is a reasonable chance that the present government s plan will save again, in the long term human lives, and/or it will preserve the Jewish demographic character of the state. There is no certainty regarding these issues, but in the opinion of many, there is also no certainty in the opposite direction. It is difficult to predict the future, and only a few days ago we read of prophets who saw vain and foolish visions, and, as opposed to Yirmiyahu, fed the public, who thirsted for their words, burdens of falsehood and deceit. In any event, according to this argument, we should define the present decision as one involving the possible saving of lives (they obviously admit that there exists a danger to lives in the opposite direction...) What advice would His Honor give to a disciple of my revered teacher, Rabbi Yosef Dov Soloveitchik, ztz l, who resolutely asserted that there is no prohibition to hand over portions of the Land of Israel to the nations of the world when there are considerations of saving lives, and even said that when we come to define these considerations, we must take into account the views of military and political leaders? And if someone thinks that, from a purely political perspective, the prospects of removing the settlements are greater than the dangers, and he anticipates that it will contribute to the saving of lives, and he wishes to participate in the initiative relying on the Rashba (Responsa, I, 413): And even the most pious of the pious are not permitted to do their work by way of trust [in God], but only in the manner of the world does His Honor think that such a person may be granted an allowance?... His Honor opens with the assertion that removing Jewish settlements is forbidden by Torah law because of the prohibition of Lo techanem? However, it is common knowledge that His Honor permits the sale of land in the Land of Israel in order to deal with the problems of the Sabbatical year, and that He even encourages people to rely on this allowance. The problem of Lo techanem also arises in connection with this sale, and as is known, the leading halakhic authorities have discussed the issue since the days of Rav Kook, ztz l. Among the arguments in support of the allowance, it has been suggested that the prohibition only applies to the seven Canaanite nations, or, at the very least, that it is limited to idolaters, a category that does not include Moslems. I believe that some authorities maintain with respect to allowing non-jews to acquire property as do the Ramban and others with respect to a gift, that there is no prohibition when the donor is motivated by his own needs and benefits as opposed to the needs of the recipient. Does His Honor reject these positions outright, and allow the sale of land for the Sabbatical year for different reasons, or does he rely on them only in a case of dire need and were he to believe that a security need exists in the present situation, he too would rely on these positions to resolve the problem of lo techanem? (Translated by David Strauss.) Modern Voices 7
Discussion Questions 1. How do you feel reading these quotes? How do these quotes reflect - or not reflect - your understanding and experience of settlements? 2. Notice the dates of these quotes. To what extent have the predictions from the 1960 s and 70 s come true or not come true today? 3. How would you respond to arguments that settlement construction constitutes a fulfilment of the divine plan for the land of Israel? How does this compare to your beliefs? 4. What role do you think North American Jews should play vis-à-vis the settlements or a long-term peace solution? 5. How might North American charitable donations have unintended or unforeseen consequences? Whose responsibility is to do due diligence in avoiding or anticipating those consequences? 6. Is there any difference in the way we give tzedakah within North America and the way we invest in Israel? Are the values behind our giving similar? 7. How can we best invest our money in Israel in such a way as to ensure that the country reflects the values and laws that a Jewish state should embody? Modern Voices 8
Common Questions About Settlements What s the impact of the settlements on Palestinians? Settlements violate the human rights of Palestinians in multiple ways: The continued military occupation of the West Bank means that Palestinians do not have citizenship in a country a basic human right and do not have control over their day-to-day affairs. Expansion of settlements steals land from Palestinians. When settlers seek an expansion, which generally includes a buffer zone around the settlement, the state often classifies private Palestinian land as a closed military zone meaning that the owners can t regularly access the land to plant or harvest it or seizes land as state land. The settlements, which include private Israeli roads, block the freedom of movement of Palestinians, who often have to travel through checkpoints, and take circuitous paths even to move between Palestinian areas, even in a medical emergency. Protecting the settlements means putting Israeli soldiers on the ground to enforce restrictions on Palestinians, carry out house raids, and create a sense of fear among the population. Settlers often carry out attacks against Palestinians, including murder, arson, vandalism, stone throwing, and intimidation. Because Israeli Jews living in settlements are entirely subject to Israeli civil law, those who commit crimes against Palestinians are rarely caught or prosecuted. The settlement system includes a dual legal system for Israelis and Palestinians. While the West Bank is under Israeli military control, Israelis who live there take their citizenship and attending laws with them when they enter the West Bank. That means that a Palestinian and an Israeli settler who are arrested for the same crime in the same area will go through two different legal systems: the Palestinian will be tried in a military court, while the Israeli will be tried in a civil court. Palestinians must depend on Israel for access to water and other resources and in areas C and B (see below) for basic civil services. Continued expansion of settlements belies Israel s claim to be serious about peace, and makes it difficult for Palestinians to believe that there is a reason to continue negotiations. Common Questions About Settlements 9
What s the impact of the settlements on Israelis? The settlements cost Israelis millions perhaps billions of shekels a year in direct payments, subsidies, and security costs. According to Israeli Knesset members, it is impossible to know how much money goes to the settlements. According to Tzipi Livni, Roads are paved with billions of our tax money under the premise of security - but in reality they serve a handful of homes. The government spends, at least 2/3 more money on each settler than on each Israeli living within the Green Line. 7 In order to protect the settlements, Israel puts young soldiers in danger. These young people the future of Israel risk their lives to defend an unjust and doomed policy. The settlements and the continuing occupation of the West Bank damage Israel s reputation in the world, and are increasingly turning Israel into a pariah state. While there will no doubt always be anti-semites in the world, ending the occupation of the West Bank will end mainstream criticism of Israel, including mass support for Boycott, Divestment, and Sanctions. Settlements have become breeding grounds for extremists. People who grow up or live for long periods in a system in which Palestinians live by separate laws develop a sense of Palestinians as not fully human and therefore expendable. Schools and yeshivot that teach hatred, and rabbis and community leaders who devalue the lives of Palestinians, have led to the emergence of Jewish terrorists who carry out attacks both against Palestinians and against soldiers. The expansion of settlements erodes Israelis belief that a two-state solution is possible. This includes Israelis on the left, who increasingly give up hope in change, as well as Israelis of all political views who live in settlements and believe that their homes will be permanent. How do the settlements affect peace negotiations? Settlements create facts on the ground that make negotiations more and more challenging. As Israel considers more and more settlements to be unmovable, the terms of the negotiations change. The expansion of settlements, as said above, erodes the belief, among Israelis, Palestinians, and world leaders that peace is possible. 7 http://www.reuters.com/article/2014/06/24/us-palestinian-israel-settlements-iduskbn0ez0ja20140624 Common Questions About Settlements 10
But what about consensus areas? Is building there ok? Israel has designated more and more settlements as consensus areas. These are settlements that have been projected to end up as part of Israel according to most maps of the two state solution. These areas most often include Gush Etzion, and more recently Ariel. But even though proposed maps have included some or all of these areas, nothing has actually been agreed to or negotiated! Pre-designating these areas as consensus areas (without the consensus of all parties) changes the starting point of the negotiations. What s the difference between Areas A, B, and C? What about East Jerusalem? The Oslo Accords divided the West Bank into Areas A, B, and C: each of these has a different status with a different set of laws. These designations were meant to provide temporary guidelines to cover the five-year period expected to end with a final status accord. Area A: primarily under Palestinian civil and military control, although the Israeli military can still enter at will. This includes the major urban areas of Bethlehem, Ramallah, Qalqilia, Nablus, Jenin, Tulkarem, and Jericho, and most of Hebron. Under Israeli law, Israeli citizens are forbidden from entering Area A. Area A covers approximately 3% of West Bank territory, and about 45% of West Bank Palestinians live in Area A. Area B: under Palestinian civil control and joint Israeli and Palestinian military control. This area includes approximately 440 Palestinian villages, and includes about 25% of West Bank territory. Approximately 44% of West Bank Palestinians live in Area B. Area C: fully under Israeli civil and military control. Settlements are built in Area C. More than 70% of the West Bank land is designated as Area C, and 70% of Area C land is considered to be within the municipal boundaries of settlements (including military buffer zones and areas marked for future expansion). Approximately 11% of West Bank Palestinians live in Area C. East Jerusalem sits beyond the Green Line, but Israel officially annexed this area in 1967 and reinforced this legally in 1980. This means that the Jerusalem municipality bears responsibility for civil, educational, and other services in East Jerusalem, and that residents of East Jerusalem can vote in municipal elections. In reality, Palestinian areas of East Jerusalem especially those that sit on the other side of the separation barrier often do not have access to these services. One neighborhood went without running water for 10 months in 2014, and others find themselves without municipal garbage pickup, sufficient schools, health services, or other basic services. Common Questions About Settlements 11
Why is this the business of North American Jews? We don t live in Israel! Our kids don t go to the army. This is the most common criticism levied at Jews who support Israel and believe that this support must include ending the occupation and pursuing a two-state solution. Here are a few responses: Israel defines itself as a Jewish state, not only a state for Israelis. We believe that this is crucial: A basic founding purpose of the state was that it should be open to any Jew who needs or wants to move there. When Prime Minister Netanyahu spoke in the U.S. Congress in 2015, he announced that he spoke for the Jewish community. If Israel is truly a Jewish state and if the leader of Israel purports to speak for Jews throughout the world then we must have a hand in shaping the values, character, and laws of the state as we have been doing since the prestate era. We have deep commitments to the ongoing safety and security of Israel, an investment in the long-term health of the state, and close relationships with friends and family there. As North American Jews, we invest billions of dollars a year in Israel. This includes our tzedakah donations, our tourist spending, and our tax dollars. Israel is the largest recipient of U.S. foreign aid. As Jews, we have lobbied for this aid money, donated to Israeli organizations and solicited friends and colleagues to do the same, and have traveled to Israel and encouraged others to do so as well. We send thousands of young people to Israel every year through programs such as Birthright and Masa. As investors in Israel, we have a stake in its future. Right-wing Jews living outside of Israel have long influenced Israeli policy. This includes making major donations to Israeli political candidates, paying for the expansion of settlements, funding news media sympathetic to the settlements, and funding institutions within the settlements. Human rights everywhere is the concern of everyone. Few complain when Jews criticize human rights abuses in Syria, Darfur, or China, or tell us that we can t criticize a place where we don t live. Some accuse us of holding Israel to a double standard. In fact, we hold Israel to the same standard to which we hold every other country. The situation in Israel affects the perception of Jews everywhere. As Jews, we are constantly asked to answer for the actions of the Israeli government. The occupation and the actions of Israel vis-à-vis the Palestinians affect our relationships with other communities. Common Questions About Settlements 12
Three Questions to Ask Before Investing Your Money in Israel 1. Will my money strengthen Israel s democracy and civil society? Will it move us closer to peace? 2. Will any of my money go to settlements or to projects over the Green Line? 3. How can I be sure? How do you track where the money goes? Do any grants go to subsidiary organizations or intermediaries? How do you ensure that these groups don t invest in settlements? Three Questions to Ask Before Investing Your Money in Israel 13
Suggested Activities 1. Ask participants to make a list of the organizations through which they give tzedakah to Israel. Have them call these organizations to ask the three questions listed above. What responses do they receive? How does the person on the phone respond? Is there anything surprising, reassuring, inspiring, or upsetting about the response? 2. Have participants create an art piece such as a collage, a clay sculpture, or a posed montage that represents their goals in giving to Israel, and their hopes and dreams for the state. Tease out some of the unstated assumptions that may shape our tzedakah. Discuss how we can make giving decisions in line with our values. 3. Using a pre-printed list of Jewish values (such as those found here http://www.pjlibrary. org/parents-and-families/about-jewish-values.aspx), here http://2164.net/store/tool/ new-motivational-values-cards, or here http://www.jcpa.org/dje/articles2/values.htm) ask participants to rank-order their priorities for giving tzedakah. Then discuss how these values convert to the organizations they choose to support. 4. Have students interview a family member, friend, or community leader about her/his Israel related tzedakah and the processes and values that guide their decision-making. Other Resources You, American taxpayer, are helping to fund Israeli settlements, by Rabbi Jill Jacobs. The Washington Post. October 14, 2014. https://www.washingtonpost.com/posteverything/ wp/2014/10/14/you-american-taxpayer-are-helping-to-fund-israeli-settlements/ Why are US Taxpayers Subsidizing Right-Wing Israeli Settlers? by Josh Harkinson. Mother Jones. March 11, 2015. http://www.motherjones.com/politics/2015/03/hebron-fund-israelisettlers-tax-exempt-irs-avaaz Tax-Exempt Funds Aid Settlements in West Bank, by Jim Rutenberg, Mike McIntire, and Ethan Bronner. The New York Times. July 5, 2010. http://www.nytimes.com/2010/07/06/world/ middleeast/06settle.html?pagewanted=all&_r=3& American Christian Funding Flows to Jewish Settlers, by Sheera Frenkel. National Public Radio. June 12, 2009. http://www.npr.org/templates/story/story.php?storyid=105310088 How a US Tax Deduction Aids Israeli Settlements, by David Ignatius. The Washington Post. March 26, 2009. http://www.washingtonpost.com/wp-dyn/content/article/2009/03/25/ AR2009032502800.html Three Questions to Ask Before Investing Your Money in Israel 14