Supreme difficulty

One of the main pleasures of legal translation is the story. Specifically, because there is a dispute, each side argues its point of view. This discussion is often fascinating and illuminating. Of course, the peak of such argumentation involves decisions of the Supreme Court.  Since I translate from Hebrew into English, I have learned the discretion can be better part of valor when it comes to taking on translation of Israeli Supreme Court decisions.

As compared to the structure of the American legal system, the Israeli Supreme Court is much more active and controversial. The reason is that a petitioner can access the high court in two manners. The court serves a court of last appeal, as in the United States. In addition, any citizen whose rights may be in danger of being breached may directly petition the Israeli Supreme Court to request a court order, which must hear the case, unlike in the United States. This is someone similar to the American process of filing a request for a restraining order in a state or federal district court. However, the Supreme Court has more freedom and thus can issue new interpretations of the law. Since these “emergency” situations generally involve complicated situations, such as immigration or destruction of property, the results of these appeals are of interest to both the legal and general community.  To give an example, if Benjamin Netanyahu succeeds in forming a government after the March elections, the Supreme Court undoubtedly will undoubtedly have to decide whether a prime minister, as compared to a minister, under indictment can legally serve, an issue regarding which current Israeli law is silent. Therefore, decisions of the Israeli Supreme Court are almost always relevant and controversial.

The justices must be extremely erudite. As a crossroads of multiple cultures and regimes, Israeli law is strange mélange of legal principles. In the United States in the states of Louisiana and Hawaii, certain matters actually follow the principles of Napoleonic and native law, respectively. In Israel, the situation is much more complex. Modern Israeli law, enacted since 1948, governs many but not all matters and is often vague or incomplete, whether intentionally or unintentionally. The regulations applying these laws sometimes take years to enter the books, complicating the issues even more.  The British ruled the territory from 1918 to 1948 and established many basic laws, some of which have not been replaced. The Ottomans ruled the region from 1517 to 1917 and had a complete set of laws. Unfortunately, the Turkish rules still have a strong influence on the procedures of land ownership. Even more relevant, religious laws still regulate marriage and divorce (but not custody) to the point of the existence of a separate special religious court system for Jews, Christians and Muslims, all applying ancient law. If none of these sources are clear, judges can refer to either modern American law, which does have a strong influence on legal reasoning, or, paradoxically, ancient Jewish law. To explain, the Halacha and Talmud, to name just the main sources, are interpretations of the Bible, similar to the body of interpretations on the Universal Commercial Code (UCC) in the United States.  Any decision supported by reasoning from these deeply respected sources has great weight. So, Israeli judges must have broad knowledge, way beyond current Israel laws and regulations.

Adding to the fun of reading and translating the decisions of the Israeli Supreme Court is the sheer number of languages that must be taken into account. Israeli law is in Hebrew. The application of the British colonial laws requires solid knowledge of English. Furthermore, many terms in Turkish law still are used in Israeli law, such as tabu, meaning registered ownership of land. Applying Islamic law requires knowledge of Arabic while Talmudic law requires understanding of Aramaic, an ancient language related to Hebrew. As American and British law traditionally use Latin terms to render the language fancier, judges must also be thoroughly familiar with that language. So, the learned judges of the Israeli Supreme Court must have thorough knowledge of Hebrew, English, Turkish, Aramaic, Latin and even sometime Arabic legal language.  It should be noted that many do not hesitate to demonstrate this mastery in their decisions.

Thus, the intrepid translator, facing some 200 pages or more of legal arguments from this huge corpus of sources, has to understand and transmit their meaning into English. For this reason, I have the greatest respect for those that successfully and artfully translate Israeli Supreme Court decisions into English.  I personally will only translate decisions up to the appeals court level and leave the Supreme Court decisions to the supremely talented and knowledgeable few who can properly handle them.

Manifesto of an atheist Jew

Israel is land where spirituality in all of its forms defines you. Putting aside the various divisions among Christians and Muslims with whom I am less familiar, the range of expression of faith among Israeli Jews is amazingly varied. At one end are Jews that refuse to speak Hebrew (and speak Yiddish instead) because it is a holy language and officially reject the state of Israel because its establishment was not in the manner foreseen in the Bible.  On the other extreme are those that are choose to eat cheeseburgers on Yom Kippur to express their complete rejection of Judaism. In between are a wide range of observant and non-observant behaviour and tolerance.

I am an atheist Jew. To explain, although I can accept that others believe in God, I not only lack that faith but simply find it sufficient to believe in probability. In short, I don’t require a chief engineer in the sky to understand and accept this world. From this state of point, it follows, in my mind, that the holy writings, e.g. the Bible, Mishna, Talmud and Halacha, to name only a few, are the product of human thought, albeit rather intelligent one in some cases, and can be criticized and even rejected outright. I therefore feel no obligation or even logic to follow the countless rules of behaviour expected of a good Jew, as largely codified in the halacha.

On the other hand, I do not want to throw away the baby with the bath water. Judaism carries a rich body of proscriptions regarding ethics, derech eretz, which should serve as a model of behavior. To oversimplify, I do believe in the ten commandments. For example, in a proper, healthy society, the vast majority of people do not murder, steal or lie. The key to satisfaction is worrying about your situation and not trying to “keep up the Joneses”. Sleeping with another person’s partner is clearly a stupid and dangerous thing to do, not to mention rather destructive for everybody involved (except for the lawyers). Within the family, honoring your father and mother creates stability for all members. As for converting people of other religions, it is a source of countless troubles. For that matter, blaming god or thinking that god makes you special often makes leads to irresponsible behavior. I am even for keeping the sabbath in the sense of not working at least one day a week as the practice is vital for physical and mental health. So, I am a proud Jew in appreciating and trying to practice its basic tenets in its spirit even as I reject the long record of the interpretation of those tenets.

In this way, I am a non-believing Jew. I fully accept my identity as a Jew and feel equally free to reject many, if not most, of its traditions and rules. Granted, there is a tension in this position, bordering on a contradiction. However, most manifestos carry those qualities as reality is more complex than any statement of belief. Not only that, I am one of many Jews, Israeli and others, that so believe even if they do not express their identity in this manner. Of course, there are countless more on both sides of the issue that would strongly disagree with me and even find them offensive.  That is quite normal and even acceptable. As they say, two Jews, three opinions.

Jerusalem of gold, copper and light

Trump’s controversial announcement to move the US embassy to Jerusalem has elicited a larger than usual number of skew comments.  What I mean is that the various reactions do not relate to the same Jerusalem although the name of the city is the same.

To explain, to religious and ideological Jews, Jerusalem is the soul of Judaism, the basis of the faith, and is symbolized by the Wailing Wall and Temple Mount.  Without Jerusalem, Israel has no anchor for existence. While this image is very strong and commonly felt even by non-religious Jews, it ignores many facts. A Jewish state without Jerusalem in ancient times did exist when there was a split between Judah and Israel. Secondly, administratively and population wise, East Jerusalem is more Jordanian/Palestinian than Israeli.  Many of its key institutions are directly or indirectly run by Amman, including the educational system and Waqf. Despite the fact that Jerusalem was united more than 40 years ago, it remains a divided city.

That does not mean that the official Muslim portrayal of Jerusalem is any more accurate. In the eyes of many Muslim, Jerusalem is the city from where Mohamed rose to heaven. Its holiness is symbolized by the Golden Dome Mosque, Al-Aqsa. Jewish control of the area represents a spiritual threat to the religion as a political threat to the Palestinians, who also consider Jerusalem as their religious anchor. This approach ignores the fact that the mosque is build on the ruins of a church, which is built on the ruins of the two ancient Jewish temples, which was built in the area conquered by the Jewish King David from the …….  There is no certainly no clear Muslim or even Arabic title to this land. Moreover, the Koran does not even directly mention Jerusalem, although the city may be referred to indirectly. Thus, to claim that Jews have no title to the city is ridiculous.

The “neutral” international attitude to Jerusalem is muddled. Jerusalem has an important place in Christianity. Yet, Christian access is not threatened either by the former or new US position. More importantly, the world is bewildered by the fervency and lack of rationality in regards to any discussion regarding the city’s status. Thus, it prefers to bury the issue under the carpet and allocate to later discussions between the disputing parties, who so far cannot agree on far simpler matters. On the other hand, like any fundamental dispute, the status of Jerusalem and its holy places will continue to heighten tensions to everybody’s loss. It is a bit of a Gordian knot. It is often forgotten that Jerusalem is not only a symbol but also a real city with people trying to cope with a complicated geographical, architectural, political and social structure.

My view is that fundamentally Trump’s declaration and eventual implementation changed very little. In any case, the US Embassy would be located in West Jerusalem. This move would not in fact prevent the Palestinians from having their own state and making East Jerusalem their capital if such a solution is ever agreed upon. The facts on the ground should (but do not always) determine the reality.  The two state solution is theoretically possible with Jerusalem as a divided city, albeit not necessarily according to pre-1967 borders on the condition that freedom of religion for all is maintained and the parties can agree.

Yes, I know the John Lennon song Imagine comes to mind, hopefully or cynically. In any case, we need a bit of Naomi Shemer‘s light to enter the Middle East and allow people to live their lives in peace. Let all of us pray to the peace of Jerusalem, whichever city you have in mind.  If we can make that happen, anything is possible.

Kosher thoughts

Pesach leads to much conversation about kashrut. How many calories are expended in considering which calories to intake?  It borders on an infinite number.  Yet, many non Jews (and some Jews) are not completely aware how complex kosher can get and how much it affects food choices.

On the surface level, kashrut involves the manner of slaughtering animals, the prohibition of certain foods (pork and shellfish, notably) and prohibition of mixing diary and meat. Yet, it also takes into account the preparation or storage of the foods.  For example, traditional wooden wine kegs use a mixture of flour and water as glue, making the wine stored in them unsuitable for Pesach. Likewise, gelatin is commercially made from animal fat, pig or otherwise, affecting its use with dairy products or use in general.  Since a restaurant that is open on Friday night cannot by definition be kosher, an observant Jew must not eat there even during the week. At Pesach, more prohibitions come into play, including most if not all grains (rice is a matter of contention). This is not even the tip of the iceberg.  Kashrut rules make inheritance laws look like child’s play.

The truly controversial issue is the raison d’être of this corpus of religious laws.  Some justify the logic in terms of health or ancient methods of preservation (or lack thereof). Yet, even if kashrut were unhealthy or completely irrelevant in terms of food safety, hundreds of thousands, if not millions, of Jews would continue to keep it. Fundamentally, the observant perceive kashrut as a basis of Jewish life (not necessarily identity). To openly reject it is to betray the religion, no more, no less. (Maimodides named it as one of the pillars of Judaism) In other words, to embrace God, you have to embrace his rules and limitations. 

Of course, many Jews in Israel and abroad do not keep kosher to one degree or another. The expressions of rejection include eating pork and cheeseburgers to only eating “traff” (non-kosher food) in restaurants while keeping the house kosher, to name just a few.  To a large degree, this refusal is an ideological choice in the same way compliance is a matter of faith.

In the meantime, many Jews are putting up with matzo and its companying stomach effects until Tuesday while quite a few others found the ceremonial matzo on the night of the Seder more than enough for their religious conscience. In my case, I have no problem living without bread and beer for a week. I give up those foods not as a matter of principle but as a practical means to keep my wife happy.

In terms of the importance of keeping kosher, two bits of philosophy come in mind. Sartre said that a Jew is a Jew because the world views his/her to be such while Bob Marley said “don’t worry, be happy.” In other words, to the outside world, keeping kosher is of little importance but, if it makes you feel truly Jewish, enjoy.  In the meantime, I’ll have some gefilte fish with homemade khreyn (horseradish). It helps clean the sinuses. Oh, the joy of Pesach!

Yes, but, patriotically speaking

A casual observer might reach the conclusion that Israelis hate their country.  Everybody from left to right seems to constantly criticize it. Any decision or avoidance of decision is basis for derision of the government at all levels. No one is immune, from the Prime Minister to the street cleaner.  Every citizen seems to have at least one opinion.  There is an old joke about Ben Gurion’s visit to the USSR in the 1950’s when Israel’s population was less than half of today’s 8 million.  After being shown the magnificent achievements of Russia, Ben Gurion asks Stalin if anybody objects to these massive changes.  Upon hearing Stalin’s answer that there were around three million critics, Ben Gurion retorts by saying that he has the same problem.

That being said, Israelis are very patriotic.  Just this weekend, the Israeli flags at the Eurovision contest were larger than any others. Any international athletic achievement attains top news status even if the person involves does not become a hero. Average Israelis spontaneously defend their country throughout the Internet. During Independence Day last week, I saw countless people take time from the barbeques and watch the flyover of Israeli air force planes.  Even those who have emigrated from the country are vehemently pro-Israel.

 The basic and unique reason for this underlying consensus is quite simple. These are our airplanes, whether I agree or not with their use. These are our athletic achievements whether I believe athletes should be subsidized or not. This is our government, whatever my opinion of prime minister, not one does a favor to protect the Jews. This is even our humus, one eaten even by anti-Semitic leftists in the UK and France. 

This feeling of “our” exists for most countries but not in the same sense as for Jews. For more than 2000 years, Jewish physical existence was dependent on the “kindness of strangers.” The results were often disastrous. 68 years of nationhood have changed little in terms of security.  Yes, we may disapprove of many of its policies, but it is our country. We appreciate its existence.

Wedding Dance

Aside from love of the language of words, music and dance are part of my life.  I have done international (Balkan) dancing for over thirty years in many parts of the world.  Even my choreography of the Greek dance hasapikos was taught in New York or so I was told.  This multi-ethnic education has taught me to appreciate the spirit of the music-dance combination no matter how “alien” it may be.

Worldwide, people dance at weddings, whether it is the bride and groom, the guests to honor them or both. Of course, the point of the dance is express the joy of the moment, however the specific culture expresses that feeling

An example of the more prim and proper west is the traditional waltz or slow dance. The bride and groom, often joined by the parents, waltz or slow their way around the stage, sharing their feeling of love (or relief that the hard part of the wedding is over).  While such dances can be quite elegant if the couple knows how to dance, they do lack a certain passion as the inner juices are restrained by the nature of the music.

Balkan music is by nature freed and less limited by 3/4 or 4/4 rhythms.  Bulgarian dances are based on anything from 5 to 21 over 16, with a slow step being 3 and fast step being 2.  So, a quick-quick-slow-quick-quick pace translates into 11/16. This punctuated rhythm adds a tension and passion to all dances, including wedding dances.  Here is a nice example:  https://www.youtube.com/watch?v=_-BvV4y2FoA

The whole scale of eastern (Arabic) music is different from Western music as are the instruments.  The expression of sensuality also has different rules.  Still, a wedding is a wedding, a happy occasion.  The actual tune and steps may differently slightly by country, but guests will immediately know that they have entered another world of dance.  Here is an example of a nice Pakistani wedding dance:  http://www.dailymotion.com/video/x1lrtrx_pakistani-wedding-dance_music

The traditional Jewish wedding dance is a basic hora – a line or circle of people stepping in and out as they advance - to the song “mazal tov ve simon tov”.  You can hear the music here - https://www.youtube.com/watch?v=urVxQdgP6lo.  Unlike most dances worldwide, the men and women traditionally dance separately, often with a visual divider between them.  Because orthodox students are used to this segregated life, they have no problem dancing their hearts out without the opposite sex.  They are also a bit camera shy, which is why it is hard to find a good video.  I suggest going to an orthodox wedding to really see this happy dancing.

Finally, in this sampler kit, I propose a uniquely New Zealander way of celebrating a marriage. I originally thought that the bride was scared but it turns out she was merely emotionally overwhelmed.  I am not sure if I would like completely appreciate such an effort on the part of my friends, but I am not a Kiwi, clearly.  Enjoy: http://edition.cnn.com/2016/01/22/asia/wedding-haka-goes-viral/index.html?iid=ob_article_footer_expansion&iref=obnetwork

So, a wedding is universally a happy time, at least for the bride and groom.  As such it should be celebrated.  Music and dance are the perfect language.

Regionalization in the Galilee

I have lived for almost 30 years in Karmiel in the Galilee. A recent shopping trip brought into focus a major change in the area: it is become an economic region, not the sum of a series of small towns and villages.

To demonstrate, my wife was looking for a dress for her daughter’s wedding. Searching on the Internet, she found some interesting dresses on a site for a store in a nearby Arab village. We went there and found a store that in terms of size has nothing to be ashamed of even if it were in Tel Aviv or Haifa.  At least half of the customers were Jewish.  Likewise, a few years ago, I needed some urgent tests on my heart. I was sent to a fully-equipped clinic staffed by a hospital cardiologist in an Arab village. 

This phenomenon is occurring throughout the Galilee. Beit Jann, once famous for providing recruits to the police and military, now specializes in cultural tourism, marketing its Druze heritage to tourists in Israel and abroad. Arab village businesses, whether restaurants or building supply stores, depend on Jewish customers.  Likewise, clothes stores in Karmiel, a “Jewish” town, cater to the local Arab taste in terms of color and style. A high percentage of the sales people are also local Arabs.  There is even a glatt (high level) kosher restaurant attached to a major Arab shopping center. This type of marketing attests to the wide customer base of all Galilee businesses.

The reasons for this economic linking include greater population, income and mobility.  The population of the Galilee has grown rapidly due to immigration and a high birth rate among Arabs. As education has improved in the area, so has income, allowing people to purchase more and fueling the regional economy.  Cars and drivers licenses are simply much more common. Owning is a car is now much more affordable than it was in the past. Moreover, Arab women are now getting drivers licenses, allowing them to expand their shopping base from outside their home villages.

The process in the Galilee is not “apartheid” as those ignorant critics accuse Israel, but unprecedented integration, which has created economic interdependence. I don’t expect this trend to stop in the foreseeable future.

Coexistence in the Galilee

Reality in the Middle East is either much simpler or complex than it appears.  Seemingly clear reality often becomes quite blurred when you start focusing on the details.  For example, the Galilee is divided more or less equally between Jews and Arabs and is an undisputed part of Israel.  Consequently, relations between the sectors are regular and peaceful. In other words, while there may not be integration, the Galilee is a place to show what coexistence can be. 

The problems begin with the definitions.  What are Arabs, just mentioning the main groups?  There are Moslems, Christian, Druze, Circassian and even Bedouin communities.  While all may speak Arabic, they share a long history of conflict and identify with different external communities.  Some serve in the army while others view the army as the enemy.  In fact, just recently, there was a large ethnic tussle in a village in the North between Druze and Muslims that resulted in many injuries.   On the other side, Jewish attitudes towards the local Arabs vary significantly depending on age (teenagers tend to be quite racist), life experience, ethnic origin (Ashkenazi vs. Sephardic), and political opinion. Moreover, many locals do not distinguish between the various communities. The level of trust (or distrust) as well as interaction can vary widely.

While it is clear that the Palestinians from the Judea and Samaria view all of Israel as Palestine, the attitude of the local Arabs is more complex.  According to studies and realities, they are proud of their Arab identity, speaking Arabic and not wanting to give up their community connection even if they do intermix with the Jewish population.  For example, at the college where I teach, the various Arabs speak Arabic openly and exhibit no “oppressed” behavior.  At the same time, I have never seen any refusal of students of different ethnics to work or talk with each other.  By contrast, there are certain limits.  Flirting with girls of the other religion is not looked on fondly by anyone.  Mothers of all kinds want their children to marry “one of ours”.  Recently, two local teenagers that reached the finals of a regional Arabic singing contest stated that they were from Palestine and expressed anti-Israeli opinions. From the other side, many Galilee residents do not view them as Israelis. It is clear that it is currently quite hard to maintain an “Israeli-Arab” identity.

The current coexistence is also far from uniform.  The dominant reality is that there is a strong economic necessity to live in peace.  Karmiel, the intended and actual capital of the Galilee, is surrounded by Arab villages.  Today, without Arab customers, most retail business in Karmiel would go bankrupt.  The same can be said for the businesses in the villages in terms of Jewish customers.  Even more, due to Shabbat labor laws and a better approach to service work, Arab workers provide an important source of employees, which helps the high standard of living in the villages.  Where economic interests apply, coexistence is the rule.  Yet, the police are very careful when entering the villages and arresting Arab thieves (one of the growth industries in the area).  Fights often break out on Friday night when Arab boys come to Karmiel and catcall Jewish girls.  Most seriously, every ten years or so, there are riots and rock throwing incidents, generally by younger people, “confirming” the distrust between the community. Still, according to a recent survey, almost 80% of Israeli Arabs would not move to a Palestinian state.  Apparently, life as an Israeli-Arab may be complex but has many positive points.

So, in fact the Galilee is an island of coexistence between Jews and Arabs, just as it seems.  In addition, it is also a spectrum of internal and external conflict between communities involving identity and interest that defies generalization.  In terms of future hopes, I can only quote the quaint Polish blessing, “May it not get any worse.”

Of Hearts and Minds

In those rare moments that I have time and choose to watch TV, I am faced with a common problem: despite the countless stations available, there is nothing of interest to watch.  It is hard to imagine but there is a limit to how many house renovation and cake baking shows one can suffer through.  In these moments of despair, I have an admittedly unusual habit (not downloading X rated movies – that is common):  as a comparative study activity, like to watch the religious programming channels. Fortunately, Israeli cable has three Jewish and two Christian channels.  For some reasons, the Moslems spiritual leaders do not broadcast in English here.  In my “studies”, I have noticed an extreme difference in how the Word is preached.

A word of background is required.  I personally am an atheistic Jew. This may sound contradictory since Judaism is a monotheistic religion.  However in practice, as Jean Paul Sartre said after the war, you are a Jew since the world views you as such.  I don’t deny my religious/cultural identity and even embrace it.  I simply believe that all religions are bubbemeisis, grandmothers’ tales, albeit with bits of wisdom here and there.

Watching those Protestant preachers, I first admire their oratory skills.  They expertly move their bodies, voices, and vocabulary to keep the audience’s attention and get the message to the crowd.  In terms of public speaking, they are worthy of imitation.  On a more spiritual level, the message, as delivered by at least 20 such TV preachers, is quite simple and intuitive: accept Jesus and your life will become better.  The emphasis is on the result, not the process.  I have never actually understood from them what special behavior is expected of a born-again Christian aside from listening to God and prayer, admittedly highly subjective bases for action.   The actual rules for living are a bit unclear. In short, for these speakers of the Word, faith is the key.

By contrast, the various rabbis striving to bring us doubters back into the fold appeal to our brains.  They explain the importance of every mitzvah, God-ordained good deed, by logic and demonstration.   Curiously, these rabbis admit that a true Jew is not capable of completely understanding the logic of each desired act of commission and omission, but they still try to persuade us that is for our own good to keep the Sabbath, leave the ground fallow every seven years, and visit a ritual bath, to name just a few. The emphasis is heavily on the rules of being a good Jew, some of which actually make sense in their own right.  By contrast, the biggest act of faith required of a Jew is to believe that Torah, its commentaries, and the Halacha are all written by the hand of God.  For these enthusiastic proselytizers, that fact is obvious and does not require reinforcement.  It should be stated that the oratory skills of the most Jewish TV hosts are seriously in need of improvement in most cases. 

In summary, if someone is looking for salvation and relief, it appears much easier to become a Christian because all you have is faith.  By contrast, being Jewish and happy takes intellectual effort and study.  Fortunately, those poor souls lacking sufficient hearts and minds can attain euphoria through the cooking channels and Adam eats America. Variety is the spice of life.