Provide for the Common Defence...

Top of the evening to all...

With Jennifer in Israel, I clearly have more time to write, as this is my third entry in the last hour. 

Many of you have been keeping one eye on the news from Israel.  The Palestinians are yet again committing violence and mayhem in the hopes of getting a state from which to commit large-scale violence and mayhem.

Throughout this recent violence and mayhem, press secretaries everywhere have been quick to assert that Israel has the right to self-defense.

This is not correct.  Rights can be surrendered.  I have the right to free speech.  I may give up that right at any time.  I have the right to free assembly.  I have the choice to give up that right.

The title of this blog entry is from the preamble to the US Constitution.  In stating that one of the goals is to provide for the common defence (that is the spelling in the Constitution), the Constitution has removed the right of common defence.  The government has the responsibility of common defence.  It cannot just put that obligation aside.  It cannot choose whether or not to exercise that obligation. 

It is all sunshine and flowers to hear these press secretaries defend the right to self-defence.  I want to hear just one of them state the obligation.  Only then will it be clear that they truly understand a government's obligation to its citizenry.

Have a good night.

R/SCG

Getting by with a Little Help from Friends...

Top of the evening everyone...

Interesting...where this entry is going, my mother would have quoted "Streetcar."  "I have always depended on the kindness of strangers."  I prefer the Beatles.

I was having a conversation with someone who was finishing up shiva.  She said to me that she had to learn to let other people be there for her.  It is not something we do naturally.

When I had my appendix out this summer, it was the same challenge.  Heck...I keep a Swiss army knife for just such occasions.  The folks at the hospital gave me the choice of either walking or being walked from the emergency room up to the operating theatre.  I was feeling lousy, but otherwise completely mobile.  I almost decided to walk.  I let them wheel me.

It was difficult to make the decision.  It was easy to live with it.

Folks, we have all been raised to be independent.  We have all been raised to be able to provide for ourselves.  I think this is a mistake.  Independence is wonderful, but it is not real.  If we stop to think about it, we realize that we are interdependent.  We need others.  We need to be able to accept that others have roles to play in our lives.  Sometimes those roles involve doing for us the things that we cannot do for ourselves.  That means that we also have to admit that there are things that we cannot do for ourselves.

We are not lesser people for realizing that we have limits.  We become better people when we allow others into our lives, allowing them to be the generous, selfless people that they were raised to be.

R/SCG

Happy Purim to All...

Good morning everyone.

It is a tradition at Purim to poke fun at most things.  In that regard, I have written a Purim teshuva.  A teshuva is the answer to a Jewish legal question.  Please note two things: it is a time-honoured tradition to give the great rabbis of history abbreviations based on either their names or their books.  Also, the family of ibn Jikatilia is a real family of exegetes.  I believe that they are from Spain around the 12th century.  I apologize that some of the Hebrew just will not be helped by translation.

R/SCG

Performance Enhancers in Jewish Law: From Proceedings of the CJLS, as recorded by Rav Sean Gorman 

With the recent controversy in sports swirling around Andy not-so Petite, Lance artificially Armstrong, and A-Roid on their use of performance enhancers, rumours have also surrounded several Rabbis.  The Rabbinical Assembly is thus concerned that a sizable number of our sizable colleagues, who shall remain nameless, have taken performance-enhancing substances before working with congregations. Questions pertaining to the permissibility of such substances have come before the CJLS (Committee of Jewish Law and Substances). Arguments have been strong, and a number of our colleagues have clobbered each other with the tenacity of their legal positions.

Rav Boaz Gershom ben Gamliel v'Yehudit, the BiG GuY, has commented that even though there are health implications to the use of such performance enhancers, they have not yet been deemed illegal according to Jewish Law. As such, their use in Rabbinics is available to all. It is unfair, he argues, to penalize those who use them because of the wimpy ones who choose not to partake. Furthermore, many of our colleagues have used them for more than three Shabbatot. As such, they have a Hazakah to use them.

Rav Ditza Meira bat Gal v'Dina, the DeMiGaD, argues that there may even be a hiyyuv (obligation) to use performance enhancers. The Shulchan Arukh (OH 1:1) states clearly that we are to "gain strength like a lion to stand in the morning." What else could help a person to gain strength more quickly than a performance enhancer? Is this any different from our morning cup of coffee?  The DeMiGaD even suggests that the proper blessing over one of these substances should be “ozer Yisrael bigvura - who girds us with strength.” Furthermore, she argues, for a Rabbi to use such performance enhancers is actually bringing his/her hopes for the congregation to the office every morning. It is stating that the congregation should gain strength like a lion.   Beyond only being a hiyyuv then, harei zeh mesubach.

Rav Dov Menachem ben Jokitilia, the DuM Jok, argues from a kal vachomer. Samson, the judge and part-time hair stylist, used his hair (actually, it was a toupe) as a performance enhancer. Surely, had he been alive in our day, he would have used something stronger.  If Samson used a performance enhancer, how much the more so the Rabbis of today can do the same. Interestingly, the DuM Jok, a graduate of 3080 Mulholland, was rather unimpressive as a beginning student. Over time, his teachers and classmates became rather impressed by the substance of his learning, and were amazed at how quickly he became a gadol.

A very weak argument opposing the use of performance enhancers was brought by Rav Vofsi ben Menachem Perach, the ViMP. He argues unconvincingly, stating that performance enhancers are for performers. Rabbis are not performers. As such, they should remain off limits to members of the RA.  However, he recommends strongly that the Cantors’ Assembly consider this issue immediately, and try not to give it a song and dance. 

Our colleague R. Chaim Menashe ben Pruta, also known as the CHuMP, concurred with the ViMP.  He held that there is no evidence that Moshe Rabbeinu took performance enhancers, and yet managed to maintain his strength up until his dying day.  No one really cared about this argument though, as the Torah is not a primary source.  A vote was taken amongst the members of the committee, and it was quickly concluded that the CHuMP should clean the room at the end of the deliberations.

Ruv Binyamin ben Ilan v’Shifra, the RuBISH, added a throwaway comment that all of the opinions lacked strength.  He did say why, but since the comment of the RuBISH was a throwaway comment, the secretary did not deem it worth adding into the record of deliberations.

By this point, Rav Kish ben Tarfon, the RoKeT, testified, I mean reasoned, before the committee that the ability to deliver a sermon in less than 20 minutes, or to say Musaf in less than 30 minutes, is critical to the success of the Klei Kodesh.  Performance enhancers provide the edge for those Rabbis and Cantors who cannot get the congregation out by noon.  The RoKeT’s barely-concealed rage exploded as he made his pitch.  He launched himself out of the room in a huff, punching two of our colleagues, and then jumping through a closed window.  He was last seen doing his daily five-minute, five-kilometre run at Earl Bales Park.  His behaviour is even now before the Va’ad Kavod (Ethics Committee) due to violation of displacement procedures.

Reconsidering My Path....

Top of the evening to all...

No...it is not what you think, but it at least worked to get you to read.

The Provincial ordinance states clearly that bicycles are not allowed on the sidewalks.  That is reasonable.  Collisions between cyclists and pedestrians are not healthy for anyone.  The Provincial laws state further that bicycles are entitled to a full lane of traffic.

Taking a full lane is not a good way for a cyclist to make friends and influence people.  Drivers really do not appreciate such use of the roads by the slowpokes on the bicycles.  Many drivers are also not aware that cyclists are legally entitled to the full lane.  It takes a cyclist with nerves of steel to withstand the pile-up of vehicles in the rear while maintaining a spot in traffic.  Most of us do not like to do that.  We thus stick to the sides of the road as much as possible.  Staying in the centre of the lane is uncomfortable and dangerous.  As well, most serious riders try to avoid irking the drivers.

I often have the need to head south along Bathurst St on my trusty steed of steel.  I wear a helmet and reflective gear.  After all, I take time to reflect when I ride.  Here is the challenge.  The side of Bathurst St is rough more often than not.  There are holes.  There are patched potholes.  Sometimes, in order to have a smooth (safe) ride that does not jar my shoulders and back, I have to make the choice of swerving way out into traffic, often as much as a metre and a half, or hitting some of the rough pavement and flipping the bicycle.

It is an unreasonable choice.

So here are the options for a cyclist on Bathurst St.

1.  Ride in the middle of the lane, where it is more or less safe and smooth, but where drivers will really be annoyed.
2.  Ride along the side of the road, and risk life, limb, and bicycle due to the horrendous condition of the road.
3.  Ride on the sidewalk, and risk a ticket in the amount of $110.

I am getting awfully close to choice #3.  The city is obligated to provide a safe means of getting around town for all commuters, including those on only two wheels.  My taxes pay for that concern.  If the city is unable to do its job, I have to consider my own safety.

This is a tough decision.  This cyclist takes the rules of the road very seriously.

Have a good evening everyone.

R/SCG

An Elegant Solution...

Good evening everyone...

As the country of my birth seems to be finding yet another avenue to self-immolation, different approaches to some of the questions at hand might provide a less destructive solution.

As most of you are aware, the appointment of judges to the Supreme Court of the United States is a lifetime appointment.  This also holds true for the courts at the appellate level.  The reason for this was to isolate the legal system from the ebb and flow of political discourse, freeing judges to make decisions without their jobs in mind.  As well, it allows a more measured pace in the country's legal development.

With the leaking of the draft of the Supreme Court decision that will likely overturn Roe v. Wade, the cries for term limits and court packing have crescendoed yet again.

I have a more elegant solution.  It is entirely within the letter of the Constitution as it currently stands.  It requires not a single word of new legislation.  All it requires is a commitment from the President on nominations.

I would have great respect for any POTUS who made a couple of very simple promises.

1.  No President would nominate for the Supreme Court any judge who has not been at the appellate level for at least a decade.  Given that the President is only in office for eight years, it would mean that the President would not be able to nominate the same judge both to the appellate courts and to the Supreme Court.

2.  Rather than have age or term limits, a simple practice of requiring a minimum age of 60 before the President is even willing to consider a judge to SCOTUS would limit the amount of time that judges could serve from the beginning instead of at the end.

Presidential traditions are important.  President Washington started the tradition of not serving more than two terms, a tradition that lasted until well into the 20th century.  It was ensconced in law as an amendment to the Constitution only after FDR died during his fourth term.

Have a good evening.

R/SCG

You're Kidding, Right?

Top of the evening all...

News of the recent goings-on within the NFL has been all over every media out there.  Said news has nothing to do with the scores and the standings.

Apparently, a player for the Ravens flattened his spouse (might have been girlfriend at the time).  There is video.  The player was appropriately fired from his team and suspended from the NFL.  This is the right response, even though it should have happened months ago.

Several people have asked the appalling question: why does she not just leave?  Let's analyze this question before answering it.

A parallel situation: a person walks into a store with a gun and robs the place.  The storekeeper calls the police.  The police come.  They take a statement, and then go and look for the alleged perpetrator.  The case goes to trial.  The defense lawyer questions the storekeeper.  Oddly enough, no one suggests to the storekeeper closing up shop and moving elsewhere.  The Crown pursues the case as though the storekeeper is innocent.  The reason for that is very simple: the storekeeper is innocent!

Now that we have analyzed our parallel situation, let us come back to the question at hand.  Why does she not just leave?  It is her home.  She was attacked by someone who is supposed to keep her home safe.  She should not have to leave.  Why does he not just leave?  He committed the assault.  Asking the original question says that she, and she alone, is responsible for her own safety.  She, and she alone, holds the keys to preventing such threats to her body.  She must suffer the loss of her home after having been assaulted. 

Furthermore, all of the statistics will tell us that the most dangerous time for an abused woman is when she leaves.  With that in mind, let us rephrase the question: she has been assaulted.  Why does she not increase the danger to life and limb by leaving?

A few other notes are in order.  Physical abuse is usually only the tip of the iceberg.  Prior to that, there is often sexual abuse, emotional abuse, psychological abuse, financial abuse, and social abuse.  Leaving becomes far more difficult when one has already been so beaten down prior to the actual punch.

Furthermore, the question itself takes no other circumstances into consideration.  A society that asks the question about her leaving is not exactly going to provide the support she needs when she finally does.  Beyond that, where will she go?  Leaving is easy.  Going somewhere is not so easy.  What happens with her children?  She cannot leave them in a home where she is unsafe.  Now the question becomes: where will they go?  That question becomes even more acute as summer draws to a close.  We had days last year when it was -18 C/0 F last year.  It is remarkably easy to ask where someone will go when the weather is lovely.  As of mid-February last year, Toronto had 19 days of extreme cold weather alerts.  Baltimore, where this couple lives, had 26 days.

Folks, we need to ask the right questions on this.  What are we doing to prevent this man from ever punching another person?  What are we doing to protect those who have been abused?  What are we doing to support those who have been abused as they come through the ordeal?  These are better questions.

Have a good evening everyone.

R/SCG

Thoughts from Jerusalem...

Top of the afternoon to all.

Several people have contacted us to express concern about our proximity to the lunacy that is going on in the south. 

Jen and I have been into Jerusalem every day this week.  The city is teeming with people.  Many are tourists, going from this place to that place, on foot or by bus.  Still others are locals.  They get up in the morning and go to work, much like anyone else.  We went to Machane Yehudah yesterday.  It was bustling, loud, and the usual semi-contained chaos that one sees there every day.  In these regards, Jerusalem is no different from Akko, from Ashkelon, from Be’er Sheva, from Tel Aviv, or from anywhere else in the country.  People are aware of what is going on.  It is THE topic of conversation.  Still, they go about their lives with full confidence in those who provide for their common defense. 

The Israeli government is an elected body.  That means that it has responsibilities to the civilian population.  I can assure you that every bit of military planning has been with those responsibilities clearly in mind.

Jen and I are eyewitnesses to all of this.  Our younger two children are not remotely concerned, even though we all went to the miklat (shelter) in the basement of our cousin’s home yesterday.  Jesse is now with a USY group.  When we see the pictures of him enjoying himself with his brand new best friends, and when we remember the wonder and excitement of our own teen tours to Israel, Jen and I cannot think of anywhere we would rather Jesse be.

I suppose I should be a little more concerned.  I am not.  Israel knows exactly what she is doing.  The peace-loving neighbours to the south cannot hit the broad side of a barn from the inside.

Shabbat Shalom, and continue to pray for the peace of Jerusalem.

R/SCG, writing from Kefar Adumim in the Judaean desert

It Bears Repeating...

Good morning to all.

In 2014, there was a significant conflagration between Israel and the murderers hiding behind the general population in Gaza.  At that time, President Obama's press secretary made strong statements regarding Israel's right to self-defence.  

If history is not repeating itself right now, it is at least rhyming.  President Biden, the Secretary of State, and the press secretary have all echoed the Obama administration most emphatically.

Back then, I wrote the following blog entry: Provide for the Common Defence.  

The only thing that would be different between that blog entry and this one is that Rav Jen was in Israel the last time.  This time, Jesse is in Israel (please note that he is in Jerusalem, which is presently quiet).

Other than that, every word stands as is.

וישבו איש תחת גפנו ותחת תאנתו ואין מחריד

May all be able to sit under vine and fig and never be afraid.

R/SCG