Tuesday 23 August 2011

JVO: Balancing Israel Policy and Domestic Policies

Jewish Values Online (jewishvaluesonline.org) is a website that asks the Jewish view on a variety of issues, some specifically Jewish and some from the world around us -- and then presents answers from each of the dominations of Judaism. Nishmablog's Blogmaster Rabbi Wolpoe and Nishma's Founding Director, Rabbi Hecht, both serve as Orthodox members of their Panel of Scholars.

This post continues the weekly series on the Nishmablog that features responses on JVO by one of our two Nishma Scholars who are on this panel. This week's presentation is to one of the questions to which Rabbi Hecht responded.

* * * * *
Question: In President Obama’s recent speech on the Middle East, he endorsed Palestinian demands for a two state solution based on pre-1967 lines that bring fears to Israelis making Israel vulnerable to repeated attacks that occurred between 1948 and 1967. As a Jew, how can I vote for a President that is pressuring Israel to withdraw to indefensible borders even though I support the President’s domestic policies?


Before responding to the substantive nature of this question – which is the role of a Jew as a citizen in a Diaspora land – it is first important to verify the facts. This is indeed also an important halachic obligation. Before one can render a decision based on the law of the Torah, one must first ensure that his/her understanding of the facts is as clear as possible. Within Jewish Law, the drisha v’chakira, the examination of witnesses, is very thorough. One cannot render a correct psak, legal decision, without an understanding of the facts to the best of one’s ability.
Having said all this, it is now important, before answering this question, whether what is reported to be Pres. Obama’s position is actually his position. It seems clear, both from what he explained afterwards and from subsequent analysis of his initial speech, that he does not believe that Israel should return to these indefensible borders. As such, the exact formulation of this question is problematic. It may be, though, that President Obama’s position regarding Israel still is one that a person may find to be problematic and the intent of this question still stands. We can thus ask: what is one to do when the politician one is thinking of supporting has views regarding foreign policy, in particular, regarding Israel, with which one disagrees but has domestic policies with which one agrees? We could also possibly ask: how is one to vote if President Obama does have this view regarding Israel’s borders yet one appreciates his domestic policies? How is one to integrate his very specific Jewish views into his role as an American citizen?
In Canada, the question is actually framed in the opposite way and indeed in our recent election people did raise this issue with me. We are most fortunate in Canada to have as our Prime Minister a man who has taken a principled stand in favour of Israel. While this may have resulted in some political gain in that Prime Minister Harper’s party did win some predominantly Jewish ridings that were previously held by the opposition Liberal Party, it is generally felt that, especially given the larger Muslim population in Canada, his views regarding Israel are not politically expedient. It is also generally recognized that Canada was furthermore recently denied a seat on the UN Security Council because of the Prime Minister’s views on Israel; this was used by political opponents to contend that the Prime Minister was hurting Canada’s good name internationally. The question I was thus asked was: whether one could vote against Prime Minister Harper given his stand regarding Israel because one strongly disagreed with his domestic policies? A different situation but essentially the same question – how do you balance views regarding Israel, or essentially any specifically Jewish issue, with views regarding a general policy matter that would affect the voting constituency as a whole? How are you to be a Jew in a Diaspora nation?
In certain ways, the essence of this question is clearly an old one and there is a substantial amount of material on this general subject within the sources. We are told numerous times in the Talmud (for example, T.B. Baba Kamma 113a) “Dina d’malchuta dina”, the law of the land is the law, meaning that the law of the country in which one is living is binding also within Jewish Law. There are, though, many limitations within this principle; a primary one being if they conflict with Torah law. As an extreme example, a national law forbidding circumcision would, of course, not have any status within Jewish Law notwithstanding this principle. The concept of dina d’malchuta is actually generally understood to apply specifically to monetary laws with even some debate as to the extent of this application. There are those, though, who also do apply the principle to other laws, within a country, which serve the proper functioning of society. As with many if not the vast majority of areas within Jewish Law, this subject is a most complex one. One who wishes to read more about it may wish to begin his/her study with an excellent article on the subject by Rabbi Herschel Schachter entitled “Dina De’malchusa Dina”: Secular Law As a Religious Obligation found in the Journal of Halacha and Contemporary Society, Vol. 1, No. 1. Another possible starting point for study is the Encyclopaedia Talmudit entry on the subject.
The bottom line, though, is that it is expected of the Jew to be a good citizen within the Diaspora land in which he/she may find himself/herself. Tractate Avot 3:2, building on Yirmiyahu 29:7, instructs us to pray for the welfare of the government of the land in which we reside. We are clearly to do what we can to further the positive functioning of the society in which we live. There are also those who contend that the concept of dina d’malchuta dina reflects a recognition of a social contract that we have with the people with whom we live. We are, clearly, to maintain our end of the agreement. The question posed here, though, is different than the general question posed throughout the centuries. In the past, the charge to a Jew was to be a good citizen. That is not the issue here. The question here is how are we to let Jewishness affect the way we vote?
Democracy offers a new perspective to this issue. Before we can explain the Jewish view on the subject, we have to formulate what is expected of us from the mores of the society in which the question is asked. If the society maintains that a person can vote in whichever manner the person wishes even if it only matches the perspective or meets the needs of a particular group within the society, then a Jew voting in line with Jewish self-interests would be totally acting within the parameters of the society’s rules. It would seem to be difficult to contend that a Jew could not vote in this manner. But that wasn’t the precise question here. The question here is: whether one could vote against Jewish self-interests because of the needs of the society?
The answer to this question would most likely be a factor of weighing. Clearly what may be good for the society in general may also, most likely, be beneficial to the Jewish community within this broader society as well. It is thus difficult to define any question simplistically as presenting two positions, one good for the Jews and one not. As such, one must weigh the benefits of any position versus its costs. In this analysis, though, the fact that we have a social contract with the people with whom we live must also be considered as a factor within this weighing. One wishing to vote for a politician’s domestic policy must believe that it would serve the best interests of the constituents, Jew and Non-Jew. This is why the person is voting in this manner. The question is: what is one to do when this politician also has a policy that will harm another specifically Jewish group of non- constituents (as well as Jewish constituents)? The first demand must be to evaluate the extent of harm and the extent of benefit.
We clearly do have a responsibility to our fellow Jews and to Israel. Given that with the power of the vote we are given the liberty to vote simply as we wish, we have a right pursuant to the laws of our lands to vote in the best interests of Israel. We also, though, do have a responsibility to fellow Jews in our immediate society as well as, in fact, to all within our society. We thus, from a Jewish perspective, also have an obligation to evaluate the costs and benefits to our immediate society in our consideration. Obviously, at the extreme, if a politician has policies that will clearly, powerfully harm Jews anywhere in the globe, this politician’s positive domestic platform cannot sanction voting for this person. But if this politician’s policy may have some limited negative effects on Jews elsewhere such as in Israel, it is hard to totally outlaw voting for this individual if his domestic policies would have excellent results for his constituents. The specific question and circumstances would have to be evaluated. Hopefully, all our fellow citizens are also attempting the same evaluation. Of course, ‘I love my neighbour but he doesn’t care for me’ might change the entire criteria. This is, after all, a social contract.

No comments: