The Freedom to Choose: Nitzavim
אתם נצבים היום כלבם!, our parashah, Nitzvam, opens with this powerful and well-known statement of inclusion: “You stand this day all of you - your tribal heads, your elders, and your officials, all the men of Israel, your children, your women, even the stranger within your camp, from woodchopper to water-drawer, .......[moreover] I make this covenant with all of its sanctions, not with you alone, but both with those who are standing here with us this day ...and with those who are not with us here this day.”
It doesn’t sound like we have much of a choice, does it? The traditional understanding of this text assumes, sets up the expectation that we too - each and everyone one of us by virtue of being born to Jewish parents - are included in that covenant. No if, ands, or buts. And if, as the text describes, anyone among us who wants out, who is even thinking of opting out of the responsibilities of this brit, better expect not only to suffer the harsh consequence of God’s wrath but to be eternally blotted out from the historical record. ouch. Perhaps our text is the urtext, the original source, for Jewish guilt. Even think of veering off the path of Jewish continuity and boy do we bring doom upon not only ourselves but future generations. Heavy responsibility.
Do we have a choice? Does birth ensure our place in the covenant despite our actions? Those of us born Jewish far too often take for granted this assumption of automatic inclusion in the covenant. We don’t have to do anything - our Jewish identity a result of our biological heritage. ze-hu. Judaism has always had a mechanism for outsiders to opt in to this covenant, to become what we label a ‘Jew by choice’ rather than by birth. And as those who have gone through this process can attest, demands are made of those who choose in, in the form of study, dialogue, counseling, and ritual in order to ensure a candidate’s choice is well-thought out and of substance. What is remarkable and always inspiring to me is to hear and witness, as we will tomorrow morning when one of our new members is called to Torah for the first time as a Jew, a recent convert to Judaism, stand up proudly while publicly declaring their commitment to the Jewish community. Few of us who are born Jewish, who according to the mandate of this week’s Torah portion, are automatically included in this covenant of responsibility, are able to do so with such passion, confidence, and commitment.
Our hesitancy may stem in large part from our historical legacy. Jews have throughout history been labelled the outsider by others and have been routinely the victims of both subtle forms of anti-semitism as well as overt violence. The weighty burden of threats such as found in our Torah portion, or those heaped upon us by well intended family members concerned about Jewish continuity, fail to inspire a positive or uplifting reason for public identification. The Rabbinic literature’s struggle with how to deal with the apostate - one who openly rejects their Jewish identity - reflects the complexity of the issue. Strikingly different from our Biblical text, the Talmud, for instance, openly and rationally discusses the status of such an individual. The discussion is in one sense practical determining the extent to which a Jew who rejects Jewish life can be accepted in the community and trying to establish a clear line between the apostate, one who rejects Jewish life, and one who goes as far as to practice idolatry. These are very real concerns of Rabbinic law which highlight the reality that there have always been those who choose to opt out. The heart of the question they struggle with, however, evidenced clearly by the aggadic tales of the apostate Elisha found in the Talmud and Midrash, is whether one born in can ever truly opt out. As much as we may try, ‘someone somewhere is going to identify us as a Jew’ seems to be the unspoken backdrop to the Rabbinic conversation.
Today, thankfully, at least here in America, our government doesn’t brand us by religion. Our religious choices are protected by the legislated value of separation of Church and State. It is far easier to be an apostate in 21st century America than probably in any other period of history. Most, if not all of us are probably guilty of, at some point in our lives “ "לבבו פנה, of turning our hearts and minds away from Jewish life. The model of the Jew by Choice, the label we use for those who not born Jewish but rather make a conscious choice to opt in serves as a compelling model for the entire Jewish community in this 21st century. The Jew by Choice should challenge us to demand of ourselves a conscious and public choosing of our Judaism. The traditional mandate of אתם נצבים היום כלכם, of everyone being included in the covenant, stam, by virtue of connection with the previous generation is no longer enough to get people in the door - well, it may get some in the door, but it isn’t enough to inspire most to get involved and remain committed.
We do have choices, and we need to proactively make them. Those of us born Jewish perhaps have an automatic in to this covenant known as Judaism, but that privilege of automatic membership should not stop us from challenging ourselves with the important question of whether we would choose it for ourselves and our family even if we didn’t.
Despite the threatening and forceful language used in its attempt to enforce opting in, there is clear evidence that the writer understood that free will is part and parcel of the human condition. The choice of the word Nitzavim. The verb Nitzavim has far more force than simply to stand. In its reflexive hitpalel form, התיצב means to take a stand, to voice a position. The nifal form used in our parasha, conveys the idea of stepping up or standing firm.
There is an implication here that the Israelites made the first move by stepping up to the plate and standing nitzavim firmly in place - en masse. God, recognizing this choice: אתם נצבים היום כלכם , “you,” by choosing to stand firm, by choosing to accept Torah and live by its guidelines, by being proactive and committed in your choice of acceptance of this covenant, you ensure that it will be passed on to future generations.
It doesn’t just happen by itself. Judaism thrives because we choose to bring it to life. It is no accident that on Yom Kippur morning we Reform Jews recite, chanting in the plaintive High Holiday trope, the opening and concluding verses of the this portion. Our ancestors chose to stand firm and accept this covenant. We are the fortunate recipients of this legacy. Let us not be passive in our inclusion in the covenant. Rather, let us also נתיצב - take a stand to ensure vibrant Jewish life today and for the future. Those who come after us can not be expected to hold up the mantle if we don’t consciously and actively take a stand ourselves by being Jews by Choice.
The final paragraph of parashat Nitzavim, the concluding verses of our portion, makes it clear that even the Biblical author understood this bottom line - that each and everyone of us is blessed with free will. God re-iterates: העדתי בכם היום את השמים ואת הארץ - I call heaven and earth to witness this day,נתתי לפניך, I have given you options.
We have been given options, it is now our responsibility to נצבים, to stand up and choose to opt in.
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