Moral Outrage in the time of COVID

The other day I was talking to a colleague who is a medical ethicist. This woman who is also an Orthodox Rabbi, consults with hospitals in the Northeast. In this time, in this moment, the conversation that is happening is about triage and scarce resources. Four people come into the Emergency Room presenting COVID symptoms and in respiratory distress. There are only three respirators. Who gets the respirators? Who lives and who dies? These are decisions that are made by doctors and nurse practitioners and ethicists constantly.

My colleague told me that the term they are using for the resulting emotional tumult that the medical personell experience is moral anguish. The anguish that comes from having to make impossible choices on a regular basis, day in and day out. 

In thinking about our conversation I was very bothered. I was, of course, pained by the impossible choices that have to be made, and grateful that someone else was making them, and overwhelmed by the anguish that making those choices would cause. However, I was bothered by something else. I though of it as moral rage. The rabbis called it taromet, a Hebrew word which comes from the same root as the word ra’am which means thunder. 

In the Mishnah, the 3rd century text which is the cornerstone of the Jewish legal tradition, in discussing labor law, the following is found: 

If one hired workers and they deceived each other, they have no legally valid complaint but only cause for taromet/outrage.

There is a lot that is ambiguous about this text. It is those ambiguities—the use of pronouns, i.e. “they deceived each other”—that keeps me employed as a Talmud professor. However, the Babylonian Talmud, the major commentary on the mishnah explains that the type case we are talking about is when an employer or their agent deceives workers into hiring on at a lower salary than the employer would have been willing to pay. When this deception comes to light, it is, for the rabbis, obviously a moral lapse, an injustice. However, since the workers agreed to the lower wage, it is not a violation of the law and therefore the only avenue that is left open is taromet/moral rage. 

The moral decisions that front line clinical medical workers have to make are built upon a much wider foundation of unjust and immoral decisions that have been made over the past many years. The moral anguish distracts, in a sense, from the necessary moral outrage. We don’t have enough ventilators or PPE or other vital equipment because of the way the supply chain was created. The supply chain was created such that everything would be produced “Just in Time” in order to be more “efficient”. What efficient means is that it cuts down on “waste” in labor and materials. It also means that there are no stockpiles because there is no profit and there is no governmental leadership to value lives over that profit. 

At this moment we have to honor all those who are suffering moral anguish from having to make truly impossible decisions. But it is incumbent upon us to also tap into out moral outrage, our taromet. This virus has only made obvious, and exacerbated, systemic inequities that already existed—in our carceral and justice system, in our immigration system, and our housing systems. Now that they are obvious we must try to fix them to save lives now and create a more just society in which we can live after the plague. 

Why do something rather than nothing?

This is a class that I gave at and for Bend the Arc: Jewish Action last night (9.12). It is the beginning of thinking toward a theory of political action from out of Jewish sources. The class itself is about 45 minutes. (There are introductory comments for the first 10 or 15 minutes.) The source sheet for the class is here.

https://soundcloud.com/irmiklat/why-do-something-bta

At the end of the class Rebecca Green, the SoCal organizer suggested a number of ways to get involved and do something. Here they are:

  1. Sign the defund hate petition.
  2. Come out to the “Not One More Dollar” demonstration against GeoGroup, the largest private prison company in the country, and the operator of Adelanto Detention Center.
  3. Come to the Bend the Arc SoCal monthly community meeting

On Humanity and the Rule of Law

On Tuesday, twenty three faith leaders were arrested on Spring St. in Downtown Los Angeles. They were sitting in a line in the street stretching from the former federal court house where the Attorney General has an office, to the Hall of Justice which houses the District Attorney and the Sheriff of the County of Los Angeles. As the sun rose high over the Hall of Justice and began baking the streets, officers with the Los Angeles Police Department began the process of putting zip ties on the hands of the faithful and transporting them to Parker Center. I was among those faith leaders.

We were disrupting morning traffic during rush hour because Jeff Sessions was disrupting, or rather, destroying the lives of thousands of refugee families seeking asylum in our country—families who fled violence and oppression in their own countries and ended up in a nightmare in ours. Children taken from their parents. Parents not knowing where their children were anymore. The Attorney General had come to Los Angeles to go to court to reinforce the separation and incarceration (by having the court overturn the Flores decision) and we had had enough. Twenty three clergy sat down to say, at a time when Jeff Sessions claims that it is lawful to incarcerate children, we too should be incarcerated.

But this is not a story about one demonstration and the civil disobedience that followed it. Continue reading

Jonah and Justice: Its Complicated

Why do we read the book of Jonah on Yom Kippur?

This is not a new question. There is a mini library of scholarship ancient and modern on this question. However, there is also a previous question to be asked, upon which there is another library of scholarship: What is the book of Jonah?

The Book of Jonah was summed up nicely by the Veggie Tales folks: Jonah was a prophet, oooh oooh/ But he never really got it, sad but true. and if you watch it you can spot it, a-doodley-doo!/ he did not get the point! 

However, this brings in its wake the further question: Why are all the human characters vegetables, and yet the animal characters are still animals?

So there is still room for us to ask the question: What is the book of Jonah? Is it a book of prophecy like Isaiah or Jeremiah? Is it a narrative like Samuel or Kings? Is it something else? Continue reading

A Conversation About Justice; The Case for Nonviolence; A Lecture on Radical T’shuvah

1. At T’ruah: The Rabbinic Call for Human Rights, Rabbinic Convening, I sat down for a conversation with the T’ruah’s ED Rabbi Jill Jacobs, moderated by Rabbi Mark Soloway for his podcast A Dash of Drash.

2. I also published a piece at the Forward called The Case For Nonviolent Resistance: It’s Right And It Works.

The question I have been pondering is this: does this week of White Nationalist racist violence give credence to the argument of the antifa that the only logical, rational and ethical response to these people is to beat them down? Cornell West, a student of nonviolence, said that the antifa and the anarchists at the demonstration in the Park in Charlottesville saved his life, and the lives of the other clergy who were under threat of violence from the racist thugs. Continue reading

Contra Jeff Sessions (On Justice and Righteousness)

In the summer of 1963 the Rev. Dr. Martin Luther King Jr. spoke to a crowd of thousands who had come to Washington DC for the March on Washington for Jobs and Freedom. He articulated the frustrations and anger of the crowds in front of him when he said that they were carrying an overdue promissory note, a note that had been signed by the founding fathers, guaranteeing that all would be granted the inalienable rights to life, liberty, and the pursuit of happiness. King was speaking on the 100th anniversary of Lincoln’s address at the dedication of the Gettysburg cemetery. Lincoln had radically altered the nation’s own myth of origins, saying that “four score and seven years ago our fathers brought forth, upon this continent, a new nation, conceived in liberty, and dedicated to the proposition that ‘all men are created equal.’” Four score and seven years, that is eighty seven years prior to the date of the Gettysburg address in 1863, brings us to 1776, when the United States was declared with the words: “We hold these truths to be self-evident, that all men are created equal.” Lincoln bypassed the Constitution with its odious compromise about slavery, and declared that the origins of this country were rooted in equality. Continue reading

Abraham sits by the tent (on political action in the age of Trump)

In terms of the Jewish year, which is in tune to the weekly readings of the Torah, we are now between lech lechah and vayera. The former portion, lech lechah—which literally means “go forth”—is named for God’s famous command to Abraham to do just that: “go forth from your land, from your birthplace, from your ancestral home, to the place I will show you.” Abraham was not told where he was going. God did not say: Go to Canaan. He was going to an as yet unnamed place. All the important things that happen in the book of Genesis, happen at places that are only named once the important things happen there. Only after seeing God in a dream and receiving a covenantal promise, for example, is Jacob able to name that place Bet El, the house of God. Continue reading

Wake up! (On T’shuvah/Repentance & Criminal Justice Reform)

What does it mean to wake up? Maimonides, in his Laws of Repentance (Chapter 3) writes that the function of the shofar is to wake a person up. “Those who forget the truth in the emptiness of the passing time…” should heed the blast of the ram’s horn and stir from their slumber. Nowadays, it is common in activist quarters to speak of people who have recognized certain systemic injustices as being “woke.” Maimonides and the activists are speaking to the same point. There is a crying need to step out of the familiar and often lazy thinking about our own and society’s actions. We are called to take an unvarnished look at our society, and ourselves. Continue reading

Statement from the Jerusalem Community Relations Council

“While we agree with many of Isaiah’s sentiments, and we too think that the poor, and the orphaned should be protected, we cannot abide the extreme and unfair language that Isaiah employs to describe our beloved city. Calling the city a ‘harlot’ and ‘filled with murderers’!? Why is he singling out Jerusalem? Has Isaiah looked around at other cities? Jerusalem is doing pretty well. We live in a rough neighborhood. Moreover, the calumnies that he heaps on the Temple are just unacceptable. He has no right to claim that God would say: ‘I am sated with burnt offerings of rams, …And I have no delight in lambs and he-goats. … Trample My courts no more; … Incense is offensive to Me. … Your new moons and fixed seasons fill Me with loathing; …And when you lift up your hands, I will turn My eyes away from you.’

“And this is not all. After defaming our city and our Temple, he puts forward outlandish ideas of how to run our country. Is this a sustainable defense policy? ‘They shall beat their swords into plowshares and their spears into pruning hooks. Nation shall not take up sword against nation; they shall never again know war.’ We have tried to cooperate with Isaiah on moderate and reasonable reforms. We too feel the pain of the marginalized, and the deficiencies of the sacrificial system. Yet, after the obviously malicious and slanderous language that Isaiah uses in his so-called platform, we can longer cooperate with him.

“Signed, the The Jerusalem Community Relations Council.”