Shabbat-B'shabbato – Parshat Behar (Abroad: Parshat Emor) No 1573: 20 Iyar 5775 (9 May 2015)
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Shabbat-B'Shabbato – Parshat Behar (Abroad: Parshat Emor) No 1573: 20 Iyar 5775 (9 May 2015) AS SHABBAT APPROACHES The Bill of Sale - by Rabbi Oury Cherki, Machon Meir, Rabbi of Beit Yehuda Congregation, Jerusalem Before Jerusalem was conquered by the Kasdim, G-d commanded Yirmiyahu to buy the field belonging to his cousin Chanamel, as we read in the Haftarah for this week. This symbolic act, which took place in the last moments before the city fell, is a sign to those about to leave in exile that they will return to Zion: "This is what the G-d of Hosts, the G-d of Yisrael says: Houses and fields and vineyards will be bought in this land" [Yirmiyahu 32:15]. The verses which describe in great detail how the bill of sale was written and then stored in an earthenware vessel, the testimony given before the witnesses, and the transfer of the money, serve as sources for many laws of purchase, including the law that a marriage is performed by the groom giving the bride money or a valuable object (Kidushin 2b). The connection between establishing a private home – marriage – and an act that is relevant for the nation as a whole – return from exile – is not coincidental. An individual achieves perfection if the specific goal of his actions is to benefit the community as a whole. And this is the meaning of the statement that whoever makes a bride and groom happy is considered as having rebuilt some of the ruins of Jerusalem. Yirmiyahu also emphasizes the context within which the general situation will improve, and this too is an important detail along the path to mending reality as a whole: "Behold, G-d, You created the heavens and the earth with Your great might and with Your outstretched hand, nothing can be hidden from You" [32:17]. The destruction of the Temple is not just a tragedy for the nation, it is also a desecration of G-d's name. While Moshe called G-d by the names, "great, mighty, and awesome" [Devarim 10:17], Yirmiyahu shortens this in this week's Haftarah to "great and mighty" [Yirmiyahu 32:18]. He leaves out the title "awesome," because he says to himself, "Gentiles are strutting around in His Temple, where is His awe?" [Yoma 69b]. The prophet's prayer takes into account the fact that the destruction of the Temple causes harm to the understanding of G-d in the world in general. However, when Yirmiyahu mentions the Exodus from Egypt, he emphasizes its universal significance: "You who performed signs and miracles in the Land of Egypt to this very day, and in Yisrael and in mankind" [32:20]. G-d's response to the call of the prophet also includes a reference to the universal aspect of Divine guidance: "I am Hashem, the G-d of all flesh" [32:27]. And He too adds, "Can anything be hidden from me?" [ibid]. From this we can see that the processes of history include reversals of political situations and of the repentance of Yisrael whose detailed workings are hidden from the eyes of man. This is the essence of the Torah – to teach us that the actions of an individual must be incorporated within the general framework of improving the nation as a whole, which in turn is incorporated within the mending of humanity and the process of mending the entire universe. In the literature of mysticism these are called the simple song, the double song, the triple song, and the quadruple song – leading up to a song that includes all the others (see Orot Hakodesh, volume 2, pages 444-445). Therefore, we must never disparage the influence a single person can have on very general processes, and we must never forget our obligation to mend everything that surrounds us, in the literal sense of the word. Rabbi Cherki is the head of Brit Olam – Noahide World Center, Jerusalem POINT OF VIEW 1 Surrogates in the Service of "Abomination" - by Rabbi Yisrael Rozen, Dean of the Zomet Institute "From the other nations... shall you buy slaves and maidservants. And you shall also buy them from among the children of those who reside with you." [Vayikra 25:45]. The rescue of many Israelis from the tragedy in Nepal helped to shine the spotlight on the subject of surrogate motherhood. About twenty babies born from surrogates were flown to Israel in an accelerated process (including granting Israeli citizenship to the newborn arrivals). A similar number of women from Nepal who were carrying "Yisraelite seed" knocked on the gates of the Israeli authorities, and several of them were brought here in a humanitarian gesture, while their unborn babies were granted Israeli citizenship. Some Facts My column this week will first of all serve as an information service to my readers, which will lead me in the end to share my outlook with you. According to official statistics of the Population and Immigration Authority, in 2013, 169 babies were "imported" into Israel who were born from surrogate mothers abroad. There were 128 in 2012, 93 in 2011, and only 6 in 2008. Until today, about 500 children of surrogate mothers from abroad have been brought into Israel. And here are statistics for Israel itself: In 2013, 58 babies were born from local surrogates (and only 41 in 2012). The surrogacy process that is most talked about is the "full" one. That is, there are three people who have a share in the child: the father, the woman who donates her egg, and the one who rents out her womb. The last one provides "pregnancy services" for the sperm of the man (usually the Israeli man, who signs the contract for the process) and for the egg of a different woman which was bought or somehow acquired by the man. It goes without saying that this service is in return for pay, whether it is called by some euphemistic name or not (such as expenses, compensation for a loss of work time, and so on). In such cases of "full" surrogacy, the donator of the egg can also be the wife (or life partner) of the man, if for some reason she cannot become pregnant or doesn't want to (say, because of a career or because of physical limitations). In this case, they want to hire a womb together. A quick search in the internet teaches me that the cost of such a process in Nepal can be as high as NIS 250,000. On the other hand, if the woman who is making her womb available also provides the egg, the surrogacy is called "partial." In this case, a man makes an agreement with a woman that she will bear a child from his sperm, after which he will receive the child and she will be disconnected from the child to which she gave birth. Such a process is prohibited in Israel (and in most other countries in the world) because it causes great harm to the concept of motherhood, and for other reasons. There have been cases where courts (including in Israel) have been called upon to decide who should get the child if the surrogate mother refuses to give it up and does not want to abide by the original contract. Ethical and Social Dilemmas It is obvious to anybody who thinks about the matter that the concept of surrogacy raises a host of ethical and social dilemmas, even before we think of any questions of halacha. Those who oppose the idea bring up such concepts as slavery (both men and women), exploitation, and commerce in babies, together with the health dangers and the mental anguish that can result from the surrogate mother being disconnected from her child. From the social point of view, the subject is linked to the shattering and total breakdown of family values (except for a couple who are looking for a solution for a woman who is incapable of becoming pregnant). On the other hand, those who favor the idea point to the concept of adoption, which is considered as an altruistic act of kindness, and they see the process of 2 surrogate motherhood as a way of orchestrating and coordinating the process of adoption. In many countries around the world, all the many variations of surrogate motherhood are illegal, and those who want children by this process search for weaker countries where there are no legal prohibitions (or where the restrictions can be overcome by various means). Israel is one of the most liberal countries in the world in this matter (could it be otherwise?), and we allow local surrogacy subject to strict control – the main condition being that only a man and woman who are married can participate (even if the egg was "donated" by another woman), and the surrogate mother must be unmarried. If the wife is Jewish then the surrogate must be Jewish too, although the woman who donates the egg does not have to be Jewish. In the latter case, there will be serious halachic questions about whether the child is Jewish or not, based on the identity of the father and the woman who provides the womb, or if it is not Jewish, following the status of the egg. In the various issues of the annual halachic summary Techumin, about ten different articles have been published on this matter. (Here is an exercise for the reader: find the articles on the Zomet website (www.zomet.org.il) using the built-in search engine.) Legitimizing "Abomination" The tumult in Israel with respect to this issue is connected to the demands of single-sex couples and individual men and women, who want to have the right to "purchase" children in this way and raise them.