Equality, Inheritance, and What We Control

Rabbi Joel Fleekop

Saturday, July 19, 2008

At the Union for Reform Judaism’s Religious Action Center in Washington DC one can visit the conference room in which the landmark 1964 Civil Rights Act and 1965 Voting Rights Act were written. These two acts of Congress are the Civil Rights Movements greatest legislative accomplishments. For those dedicated to bringing equal rights to all Americans, the signing of these two pieces of legislation by President Johnson were causes for celebration.

But as we all know, these laws did not end discrimination. The struggle for equality continues today as our nation and our state wrestle with questions of what rights should be granted to whom.

While Judaism teaches us to be optimistic, to believe in Tikkun Olam, the repair and ultimate perfection of the world, few of us are surprised that the journey towards equal rights for all Americans has not yet concluded. As illustrated by our countries most revered founding documents, which both “declare that all men are created equal” and that the value of some people is only 3/5s that of others, our ideals and actions do not always match.

Even when they do align, the path to end discrimination, both de jure and de facto, is difficult and circuitous. As history shows, legal measures with good intentions have sometimes led to increased oppression and solutions that worked in one community failed in another. While progress has been made, there is no denying that the work of ending discrimination is complicated, as it has been since the struggle for equality began.

As Amanda shared with us, one of the earliest examples of people seeking out and winning rights is found in this week’s Torah portion, Parshat Pinchas. As she explained, the daughters of Zelophehad petition for and win the right to inherit property from their father. While the ruling was fairly limited in scope – women were able to inherit property only in the absence of a male heir – God’s assertion that “the plea of Zelphehad’s daughters is just” continues to inspire women, like Amanda, who affirm their right to be treated with dignity and respect.

Winning the right to inherit property, even with all the strings that are later attached, was an important step toward equality. But, as we also see in this week’s Torah portion – or rather in the rabbinic commentaries to this week’s portion, inheritance can also be a way to perpetuate inequality.

In Numbers, immediately following the daughters of Zeleophehad’s pleas, Moses, who has been told that he will not be leading the Israelites into the Promised Land, asks that God appoint a successor.

The rabbis wonder about the timing of Moses’ request and in the collection of midrash known as Numbers Rabbah provide an answer. The sages teach, “when the daughters of Zelophehad inherited from their father, Moses argued: the time is opportune for me to demand my own needs. If daughters inherit, it is surely right that my sons should inherit my glory.” As we know from the Torah, Moses’ request was denied. Joshua, not one of Moses’ sons was appointed successor. But why?

The answer can be found not by looking at the things Joshua and Moses’ sons didn’t have control over – things like the color of their hair, height, family connections – but rather by looking at the one thing they did determine – their own actions. The sages explain that Moses’ sons wasted their time and did not engage in Torah study. In contrast, Joshua loyally served Moses for many years. All the while, making a habit of rising early and staying up late so that he could help in the beit midrash – the school of Torah learning.

In making his request of God, Moses had hoped that his own sons, Gershon and Eliezer, would be favored based on the circumstances of their birth. In choosing Joshua, God showed that what matters is an individual’s actions - that people should be honored because their own history and behavior show them to be worthy.

This message, of judging people based on their own merits, is one echoed throughout Jewish tradition. In Deuteronomy we are told not to punish children for the mistakes of their parents, and parents for the mistakes of their children. Similarly, the prophet Ezekiel asserts, “The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son; the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him.”

Rabbinic literature also teaches against judging people, either favorably or unfavorably, for things they do not control. One of Judaism’s most honored sages is Rabbi Hillel. But Hillel did not come from such lofty beginnings. His family was very poor and Hillel had to work odd jobs to pay for his education.

The Talmud, Masechet Yoma 35b tells the story of one winter day when Hillel could not find work and thus did not have enough to pay the fee to enter the academy. Desperate to hear what wisdom his teachers would share that afternoon, Hillel climbed up on the roof so he could listen through the skylight. After a little while it started to snow, yet Hillel continued to listen to his teachers below. As the lesson continued into evening, fatigue and cold eventually put Hillel to sleep, where he remained all night, half frozen. When discovered in the morning, he was brought inside and warmed by the fire. His teachers could have scolded him. What right did a boy to poor to pay for school have to study Torah? But instead of focusing on what Hillel did not have, what was in many ways beyond his control, they focused on what he did have, what he did control - a love of Torah that would make him one of Judaism’s greatest sages.

Mishneh, Pirke Avot 2:12 teaches, “Hitkin Etzmecha Lilmod Torah, Sh-Ayna Yerusha Lecha -- Qualify thyself to study Torah, since it does not come to thee by inheritance.” Like Hillel, our ability to succeed, whether in the study of Torah, business, or any other endeavor, should be determined by our own qualifications.

Actions, Behavior, Talents and Skills; Judaism teaches these are the true measure of a person. And so while the path to ending discrimination and creating true equality of opportunity is long and circuitous, if we use these as our compass, if we work to create a system where people are judged on their own merits – by the things they do control – we may one day reach the end of this long yet important and holy journey.

Shabbat Shalom