Thursday, July 17, 2014

Taking Precedence: A Drash for Parashat Matot Saturday, 19 July 2014

The evening service on Yom Kippur is frequently called, ‘the Kol Nidrei Service.’ This is, of course because of the centrality of the Kol Nidrei declaration, often mis-identified as a prayer.  It is unique to that one occasion of the year.  Kol Nidrei, or ‘All vows,’ is a statement that is difficult to understand, and not just because it is in Aramaic.  It expresses a desire to be absolved of responsibility for upholding any vows we may make in the coming year, should we find them just too difficult to fulfill.
          Kol Nidrei is often thought to have its origins in the medieval Spain of the Disputations and Inquisition.  In truth, it is much earlier than that, having been composed during the Gaonic period:  the second half of the first millennium of the Common Era.  And the original version was in retrospect; it spoke of the vows and promises that we made in the past year that we were unable to fulfill – may we be absolved of them.  The version we say today, in prospect, represents a change instituted by Rabbi Meir ben Shmuel, the son-in-law of Rashi in the twelfth century.
          Apart from being changed in tense some eight centuries ago, Kol Nidrei has an interesting and mixed history.  For a time it was taken out of the liturgy.  After all, do we want Jews to think that they can be absolved of all vows they might make in the coming year, just because they find them too hard to keep?  If so, then we’ll likely come to make vows lightly, never really thinking we have to keep them.  Or alternatively, others might be reluctant to take a Jew’s vow seriously.  This, knowing that the Jew would think he can be absolved of all his vows just because he uttered this statement on Yom Kippur.
          These thoughts come to mind this week, not because the Days of Awe are that close, but because this week’s Torah reading offers us a glimpse into the Divine wisdom regarding the responsibility for one’s vows.  Today we’ve read that a man is expected to fulfill his vows.  But a girl in her father’s house, or a married woman, is automatically absolved if the man in her life – father or husband – objects.  On the surface, this of course smacks of what today we call ‘sexism.’  After all, the implication is that the female sex is unable to handle the responsibility for their vows, right?  Maybe, and perhaps if so it gibes with the traditional Halachah that women cannot serve as witnesses in a court proceeding.  But I’m going to leave that aside this morning.  And not because it is too hard to explain in any coherent way.  Rather, because we tend to react emotionally to that notion.  And it thus gets in the way, and prevents us from finding wisdom in this and other passages in the Torah.
          Instead, I want to focus on the aspect of fulfillment of vows in general.  We are expected to carry out what we’ve promised to do.  This, especially if we have vowed in G-d’s Name.  Remember the Third Commandment, of the ‘Top Ten’?  Thou shalt not take the name of the Lord thy G-d in vain.  The Rabbis explained that it means, don’t swear in G-d’s name whilst not really intending to fulfill that oath.  And here, in the 30th chapter of Numbers, we find the principle repeated more explicitly.
          But…here, with regard to competence to enter seriously into a vow, or perhaps when one does so without consulting other interested parties, we find that there’s ‘wiggle room.’  A priori, in prospect, one should not make a vow except with the utmost of seriousness, especially if one makes it in G-d’s Name.  But a posteriori, in retrospect, if one finds some serious impediment to fulfilling it, one is not considered culpable.  At least, not Divinely culpable.  So we should avoid making vows in G-d’s Name unless we do so in complete seriousness and expectation that we will be able to fulfill them.  But on the other hand, we should not avoid making vows altogether just because we fear that some circumstance might make fulfillment of that vow so difficult as to be impossible.  Perhaps the message here is that there is a natural precedence of interests, a hierarchy where one voice trumps another.  Maybe the point of this verse is that we’re supposed to fulfill our vows…but.
          An example from contemporary life.  Many young people today, seeing that marriages often break down and end in divorce, are reluctant to get married at all.  And this may seem like a reasonable response to a reality where one has a reasonable expectation that one’s marriage vow may be impossible to fulfill.  But the divorce rate is not an indictment of marriage.  At least, not from the Jewish standpoint.  Even in antiquity, we had divorce as a safety valve for marriages that would bring unavoidable unhappiness.  Hillel said a man could divorce his wife even if she spoiled the soup.  Nobody thinks that a bad pot of soup is reasonable grounds for divorce.  Rather, we read Hillel’s words as informing us that, despite the desirability of enduring marriages, sometimes it just doesn’t ‘work out.’  And when it doesn’t, we shouldn’t think we’re stuck for life.  We enter into a vow in all seriousness.  But if it is just too burdensome, we let it drop and hope to achieve wholeness.  I think that the Kol Nidrei statement is not akin to making a promise whilst crossing one’s fingers behind one’s back.  Rather, it expresses the desire to ultimately be able to achieve wholeness…even when unable to fulfill one’s vows.

          Vows are important.  We should enter into them only with the utmost seriousness of purpose.  Especially when invoking G-d’s name in the process of making them.  But we should not feel that, just because there might be a possibility that we won’t be able to fulfill them, we should avoid promising.  We can never foresee all the possibilities of outcome from the start.  Without making promises, we would find it difficult to live, to transact with other people.  We should therefore feel free to vow, promise, and make contracts.  This, knowing that even the Torah teaches some flexibility in this area.  We are to fulfill our vows…but.  And the but is:  unless it becomes unreasonably difficult to do so.  In that case, we understand that even Divine Law provides for an ‘out.’  Shabbat shalom.

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