Exodus Magazine - January 2020 by Exodus Magazine

#207 | January 2020 â&#x20AC;¢ Tevet 5780

The Jewish Russian Community Centre of Ontario Serving Canada's Jewish Russian Community Since 1980

THE BEST START FOR Y OUR CHILD Де тск ий са д Ев ре йс ко

го Це нт ра ру сс ко яз ыч

но й об щи ны Он та ри

L&M Gelfand

DAYC A RE 15 Months - 6 Years

416.222.7105 x 501

LICENSED UNDER THE MI NISTRY

w w w. J r c c D a y C a r e .

OF EDUCATION AND CH ILDREN SOCIAL SERVICE S TORONTO. GOVERNME NT SUBSIDIES ACCEPTAB LE

org

think! again. January 2020

Tevet 5780

5 | JEWISH SOUL

Adding Light

8 | LIFE ON EARTH

Winning the War Against Thinking

It is obvious that according to the perception of the observers, the greatness of the miracle increased every day. But the commemoration of the miracle was only established the next year.

Try to sit down on a park bench and start thinking deeply. Within two minutes, someone will put their hand on your shoulder and ask if everything is okay, while another dials 911.

— From the Rebbe's correspondence

— by Tzvi Freeman

6 | MADE YOU THINK

10 | JEWISH THOUGHT

The Question of Jewish Peoplehood

Lonely Man

Jewish peoplehood comes before the Jewish nation or the Jewish state. We live in modern times, but our peoplehood is still essential, primitive. We never ceased to be a clan or tribe.

If you could choose to meet one person in history, who would it be? Exploring the differences (and similarities) between the quintessential rebel and leader.

— by Adin Even-Israel (Steinsaltz)

— by Simon Jacobson

7 | MADE YOU THINK

18 | PERSPECTIVES

The fate of Jewish communities, for the most part, was determined by a single factor: their decision, or lack of decision, to put children and their education first.

In order for it to be genuine, the ICC must be devoid of any linkage to political entities so that there would not be any political considerations in electing judges and staff or in its general judicial functioning.

— by Jonathan Sacks

— by Alan Baker

Priorities

The Failure of the ICC

editorial jewish soul made you think life on earth jewish thought ask the rabbi our community simchas perspectives marketplace memorials

4 5 6 8 10 12 13 17 18 21 25

Exodus Magazine is a project of the Jewish Russian Community Centre of Ontario

What should be the priority in life: Quantity or quality? From personal growth and relationships to education and business, it is one of the greatest paradoxes. Indeed the paradox extends to almost every area of life, from relationships to career development: Should I amass volume by striving to accomplish more, or should I concentrate on fewer things and focus on doing them right? Educational models fall short when they fail to strike the right balance in answering this question. Depending on which society you look at, at a certain point no long ago no one went to school beyond age 12, except for gifted students who were destined to join the scholarly, academic elite. Everyone else went to work on the family farm or business as shoemakers, carpenters, and the like. Then the economy started shifting to a knowledge-based economy. One hundred years ago, 70% of people were farmers. Today, 4% are farmers. To survive in a knowledge-based economy, one need more knowledge. As the knowledge economy grew, more people had to go to school in order to enter the workforce. The problem is that the system of learning used in schools today is the same system that was used to educate the geniuses when only the geniuses went to school. The system was designed for a student population in which everyone is at the same level. Back then, when only geniuses went to school, it worked. But when you have a group of kids at various levels of social and intellectual and tactical development all mixed together in a system designed for homogeneity, what happens is that system forces the kids into more manageable boxes, creating a mold of the average student, and attempting to sculpt every student in that same mold. What we ended up with is an education system that by definition breeds mediocrity. A student who finds himself at either end of the spectrum – either exceptionally gifted or “special needs” – is at a disadvantage in such a system. The unique and the gifted are stifled and repressed. The mediocre, or those who learn to contort their

uniqueness into the mold of mediocrity, are the ones who strive. In the mad dash toward quantity – churning out a certain percentage of students with a specific body of knowledge who bear a set standard and method of mental acuity so that they can attain an acceptable benchmark of functional intelligence that guarantees them a desirable place in the marketplace so they can meet the minimum requirements of financial stability – any semblance of individuality or creativity is tossed aside. In our incessant pursuit of quantity, we lose the quality. But the opposite extreme would also be destructive: An unhealthy obsession with quality can lead us to get stuck and accomplish nothing. Einstein taught that you need both, and that quantity and quality have a transformative effect one another. But you don’t have to be an Einstein to understand how they complement each other. E=MC2. Energy equals mass times the speed of light squared. In order to attain balance in a relative universe, you need to strike a balance between quality and quantity. Energy, quality, can emanate into the word only by channeling it into the parameters of space and time. Mass, quantity, can create energy, or enhance quality, when it is multiplied and infused with light. On their own, each can be powerful. Mass movements have the ability to affect instant and decisive change, even when built upon lies and leading to destructive ends. Moments of clarity and epiphany can enable us to overcome then greatest darkness, even if they are never developed or expounded. But only when we fuse the two together, do we touch the purpose of existence – to make goodness and light fill the entire world. We can get there by taking qualitative experiences and funneling them into the finite world, using the tools at out fingertips to let them shine forth. Or we can get there by taking quantitative experiences of mass consciousness and insisting that they be infused with true goodness and light. Either way, we arrive at the same destination.

Like what you read? Help keep it coming: Be an Exodus subscriber or advertiser.

416-222-7105 x222 / exodus@jrcc.org

editorial ad sales subscriptions donations fax

e-mail

web

416.222.7105 x222 416.222.7105 x222 416.222.7105 x221 416.222.7105 x244 416.222.7812 exodus@jrcc.org exodusmagazine.org

editor

Izzy Greenberg editorial director

Rabbi Levi Jacobson & founder Rabbi Yoseph Y. Zaltzman

senior rabbi

director

Rabbi Mendel Zaltzman manager

Aryeh Rosenberg jrcc board of governors

Igor Korenzvit, Chair advertising sales

Rina Merovitch advertising design

Nina Berman & layout Tekiyah Creative

graphics

cover art

GF Studio distribution

JRCC, Origo Direct Marketing

© 2020 JRCC. Published monthly by the Jewish Russian Community Centre of Ontario. Issue Number 207 (January 2020) Mail Registration Number: 40062996 Circulation: 19,000 Subscription: $18 For submissions, please send articles via e-mail along with a biographical sketch of the author. Журнал Эксодус выпускается Еврейским Центром Русскоязычной Общины Онтарио. Журнал на русском языке можно приобрести позвонив по телефону (416) 222-7105.

CMCA AUDITED

Exodus Magazine is printed in Canada on recycled paper. We acknowledge the financial support of the Government of Canada

jewish soul

Adding Light From the Rebbe's correspondence

n the year the Chanukah miracle took place, the Jews did not know for how many days the oil would last. Indeed, the commentaries have asked questions with regard to the opinions which explain that on the first day, they divided the oil into eight portions. Moreover, that thesis can be questioned based on the statements in the Talmud (Zevachim 88a) which states that a sacred utensil consecrates its contents only when it is full. If its measure is lacking, it does not consecrate its contents. Similarly, a question can be raised based on Menachos 88b which states that when a lamp of the Menorah is extinguished in the middle of the night, it is obvious that it should be filled to capacity. Thus it is obvious that according to the perception of the observers, the greatness of the miracle increased every day. It was not until the following year, as our Sages state, that the commemoration of the miracle was established as the Chanukah festival. And at that time, it was already revealed that at the outset, on the first day, the oil that was found in the cruse had the potential to burn for eight days. On the second day, it had the potential to burn for seven days, and so on. On this basis, we can understand the rationale of the School of Shammai which maintains that one should light as many lamps as the days which are coming. For by virtue of the miracle, the measure necessary for the lamps to shine for all the eight coming days was included in the quantity of oil. And from day to day, the potential for the miracle decreased. The School of Hillel, in contrast, maintains that the capacity for a miracle present in the days which come is only a potential, and has not yet been expressed in actual fact. Therefore it is not appropriate to be stringent and require everyone to acknowledge a miracle that is only on the level of potential. For people at large are affected only by what they can actually see. To cite a parallel: Yoma 21a states: “The miracles that transpired outside in the Temple are mentioned; the miracles that transpired inside are not mentioned.” Accordingly, the School of Hillel rules that the number of lamps depends on the days which have passed, how the miracle was actually

January 2020

expressed. This is particularly appropriate with regard to lighting the Chanukah lamps, for they were instituted to publicize the miracle to the public at large. From this perspective, the miracle grows greater from day to day. The above explanation also illustrates that, as is generally its pattern throughout the Talmud, the School of Shammai is taking a more stringent position, while the School of Hillel is ruling leniently. Using intellectual adroitness to expand the above, it can be explained that a difference of opinion between the School of Shammai and the School of Hillel based on similar principles can be found in another source: The Mishnah (Uktzin 3:5) states: “When are fish susceptible to contract ritual impurity? The School of Shammai states: Once they are caught.’” At that time, in potential, it is as if they have already died. For they have already been separated from their source of life, and it is only a matter of time until they die. The School of Hillel, in contrast, maintains that the fish do not become susceptible to ritual impurity until they actually die. To conclude: These concepts can be applied within the context of our ethical development and Divine service. The Talmud (Shabbos 31a) states that the School of Shammai rules

more stringently and the School of Hillel more leniently. Therefore when there is a person whose evil inclination has contaminated his sanctuary, but who desires to return and find shelter under the wings of the Divine, according to the School of Shammai, the first and most fundamental step in Divine service is for him to “turn away from evil,” “And you shall obliterate evil from your midst.” And when a person begins his Divine service, the evil possesses its innate strength and much effort and light is necessary to unseat it. This effort is demanded from each person. Every day, however, the evil becomes less and the amount of light necessary on the first day is no longer required. To cite an example of this: the bulls offered on the holiday of Sukkot. They were offered for the sake of the gentile nations of the world so that they will not cause the world to become desolate (Yalkut Shimoni, the conclusion of Parshat Pinchas), but instead will be transformed into positive influences. From day to day, the evil in them decreases and therefore, a lesser number of sacrifices are necessary. On this basis, it is understood that there is no contradiction between the rationale that the number of bulls offered on Sukkot continually decreases because they are being offered for the sake of the gentile nations (see Rashi, the conclusion of Parshat Pinchas, and the Chidushei Aggados of the Maharsha on the passage in the Talmud Shabbos 21b, and our Sages’ statements in the Talmud Sukkah 55b that the bulls are intended to atone for the nations. The School of Hillel, in contrast, maintains that a person’s first step must be to enter under the wings of the Divine even though evil still exists within him in its innate strength. He must begin his Divine service through “doing good,” performing service in matters of actual holiness. And then, “one mitzvah will lead to another,” as he advances higher in holy matters. Little by little, he will increase his strength as he continues to grow until he will acknowledge and give praise to His great name. Through this, he will wipe out the descendants of Amalek and then G‑d’s Name will be great and complete (see Tosafos, Berachos 3a). EM

exodusmagazine.org

made you think

The Question

of Jewish

Peoplehood

Adin Even-Israel (Steinsaltz)

ewish peoplehood is always central. It comes before the Jewish nation or the Jewish state. We live in modern times, but our peoplehood is still essential, primitive. We never ceased to be a clan or tribe. This is expressed both sociologically and theologically. Sociologically, we behave like a family. Because we are close to each other, we have fights. But even when you say terrible things about your own people, you care deeply about their reaction. I can have, from time to time, a desire to kick my own brother. I may even do it. But I won’t allow any stranger to kick my brother. That’s the sociological side of the peoplehood, the tribalism, that Jews are blamed or praised for. Is it genetic? No. In a theological sense, we as a people never bothered much about genetics. We always had a certain number,

no one can say exactly how many, of other people blending in. There was a proselyte from Sicily, who had been a Norman knight. He wrote a letter to Maimonides asking him a question in Jewish law: “When I pray, do I say, ‘G‑d of my fathers, Abraham, Isaac and Jacob?’” And Maimonides wrote back, very warmly—not like most of his letters— saying, “Of course! Once you convert you are a child of Abraham, and you can say, ‘My father Abraham, my mother Sarah,’ and so forth.” According to Jewish law, one cannot leave the Jewish people, exactly in the same way that one cannot leave one’s family. No Jewish court has ever had the right to un-Jew someone. At the same time, converts are treated like adopted children: Once they join, they are family. This is the theological expression of the same notion of peoplehood.

Almost every great religion has a missionary stripe in it. Except for Jews, and why? Because you don’t grab people on the street and tell them, “Join my family!” There are all kinds of things that began with us and spread all over the world—think of the notion of a weekly day of rest—but not because we were preaching them. The mission of the fire is to burn. If we think of it as a prescription, something we are doing for other people, then it doesn’t work. EM

Rabbi Adin Even-Yisrael (Steinsaltz) is internationally regarded as one of the leading rabbis of this century. The author of many books, he is best known for his monumental translation of and commentary on the Talmud. To learn more visit his website, steinsaltz.org.

Tevet 5780

made you think

Priorities Jonathan Sacks

s the Israelites were on the brink of entering the promised land, the tribes of Reuben and Gad wanted to establish their territory on the east side of the Jordan River. They were willing to join the rest of the Israelites in the battles that lie ahead. The just wanted to raise cattle, and for this, the land to the east of the Jordan is ideal. That is the story on the surface. But as so often in the Torah, there are subtexts as well as texts. One in particular was noticed by the Sages, with their sensitivity to nuance and detail. Listen carefully to what the Reubenites and Gadites said: “Then they came up to him and said, ‘We would like to build sheepfolds for our flocks and towns for our children.’” Moses replied: “Build towns for your children, and sheepfolds for your flocks, but do what you have promised” (Num. 32:24). The ordering of the nouns here is crucial. The men of Reuben and Gad put property before people: they spoke of their flocks first, their children second. Moses reversed the order, putting special emphasis on the children. As Rashi notes: They paid more regard to their property than to their sons and daughters, because they mentioned their cattle before the children. Moses said to them: “Not so. Make the main thing primary and the subordinate thing secondary. First build cities for your children, and only then, folds for your flocks.” (Commentary to Num. 32:16) The inference here and in other places is that the men of Reuben and Gad put “riches and honour” before faith and posterity. Moses hints to them that their priorities are wrong. The Midrash continues: “The Holy One, Blessed Be He, said to them: ‘Seeing that you have shown greater love for your cattle than for human souls, by your life, there will be no blessing in it.’” This turned out to be not a minor incident in the wilderness long ago, but rather, a consistent pattern throughout much of Jewish history. The fate of Jewish communities, for the most part, was determined by a single factor: their decision, or lack of decision, to put children

January 2020

and their education first. Already in the first century, Josephus was able to write: “The result of our thorough education in our laws, from the very dawn of intelligence, is that they are, as it were, engraved on our souls.” The Rabbis ruled that “any town that lacks children at school is to be excommunicated” (Shabbat 119b). Already in the first century, the Jewish community in Israel had established a network of schools at which attendance was compulsory (Bava Batra 21a) – the first such system in history. The pattern persisted throughout the Middle Ages. In twelfth-century France a Christian scholar noted: “A Jew, however poor, if he has ten sons, will put them all to letters, not for gain as the Christians do, but for the understanding of G‑d’s law – and not only his sons, but his daughters too.” In 1432, at the height of Christian persecution of Jews in Spain, a synod was convened at Valladolid to institute a system of taxation to fund Jewish education for all. In 1648, at the end of the Thirty Years’ War, the first thing Jewish communities in Europe did to re-establish Jewish life was to re-organise the educational system. In their classic study of the shtetl, the small townships of Eastern Europe, Zborowski and Herzog write this about the typical Jewish family:

The most important item in the family budget is the tuition fee that must be paid each term to the teacher of the younger boys’ school. Parents will bend the sky to educate their son. The mother, who has charge of household accounts, will cut the family food costs to the limit if necessary, in order to pay for her son’s schooling. If the worst comes to the worst, she will pawn her cherished pearls in order to pay for the school term. The boy must study, the boy must become a good Jew – for her the two are synonymous. In 1849, when Samson Raphael Hirsch became Rabbi in Frankfurt, he insisted that the community create a school before building a synagogue. After the Holocaust, the few surviving yeshiva heads and chassidic leaders concentrated on encouraging their followers to have children and build schools. It is hard to think of any other religion or civilization that has so predicated its very existence on putting children and their education first. There have been Jewish communities in the past that were affluent and built magnificent synagogues – Alexandria in the first centuries of the Common Era is an example. Yet because they did not put children first, they contributed little to the Jewish story. They flourished briefly, then disappeared. Moses’ implied rebuke to the tribes of Reuben and Gad is not a minor historical detail but a fundamental statement of Jewish priorities. Property is secondary, children primary. Civilizations that value the young stay young. Those that invest in the future have a future. It is not what we own that gives us a share in eternity, but those to whom we give birth and the effort we make to ensure that they carry our faith and way of life into the next generation. EM

Rabbi Dr. Sir Jonathan Sacks, the former Chief Rabbi of the UK and the Commonwealth and a member of the House of Lords, is a leading academic and respected world expert on Judaism. He is a the author of several books and thousands of articles, appears regularly on television and radio, and speaks at engagements around the world.

exodusmagazine.org

life on earth

Winning

the

War Against Thinking

Tzvi Freeman

like to sit and think. People think I’m mad. Try it. Sit down on a park bench and start thinking deeply. Within two minutes, someone will put their hand on your shoulder and ask if everything is okay. The guy sitting next to you has already called 911. Another well-meaning person comes running, “I’m a paramedic!” People are meant to sit and think. That’s what grey matter does. It’s called contemplation and it’s something that our ancestors spent hours a day doing—while gazing at the stars, tending the sheep, or on those many long walks from place to place pre-Henry Ford. They were thinking about stuff. Whatever they wanted to think about. No, not worrying. Not fantasizing. Proactively pondering a certain thought for more than ten seconds. Contemplating. Today our senses are inundated by a torrent of data buried within rivers of noise on all channels from all directions and attacking all senses until the brain simply has no RAM left for actual thinking. That’s why many of us seek out a person who will teach us how to make room for our own thoughts—a meditation or mindfulness coach. And, yes, they teach us how to calm and empty our minds. Very nice. But they stop there. That’s the problem. That’s how contemplation gets hijacked. Meditation used to mean filling your mind with your own thoughts. Now it means emptying your brain from any thoughts at all. Quietness. Serenity. Sounds so blissful. And it is. Until it becomes an end in itself. Then it’s a dead end. Because that’s not what your mind was made for, that’s not what any of the original teachers intended, and that’s not what you, as a human being in this overwhelming world, need right now. All that serenity is just a prerequisite to something far more vital and important: Thinking for yourself. “Do you hear your thoughts?” It’s a question I’ve asked many people. Responses vary: “Some of the time.” “Doesn’t everybody?” or even “It drives me nuts! How do I get it to stop?” But the most common answer is something

like “No, I’m perfectly sane, thank you.” Accompanied by one of those looks that says, “What kind of a wacko is this?” “Hey is this the same nutcase I saw sitting on a bench in the park?” Or just a blank stare. That could be half of humanity. Maybe much more. Intelligent, well-educated people. But they have no room in their lives for listening to the thoughts zipping across the neuro-connectors of their brain. All I’m trying to point out are two simple truths that every book of wisdom takes for granted: 1) You, as an adult human being, are aware of your thoughts and 2) therefore you can grab the leash and take those thoughts to wherever you wish. Today’s American-styled mindfulness and meditation, with a good teacher, can help address #1. As for #2—grabbing the leash— these offerings, as currently packaged, just leave you hanging. “Think healthy thoughts!” we tell people. “Whenever one of those ugly, toxic, pullme-down thoughts floats up into your head, don’t react in the slightest. Just choose another healthy, inspiring thought to think instead.”

The common response? “What are you talking about? You can’t choose your thoughts. They just are!” The truth is, even if you’re eager to switch thoughts in midstream and believe it to be possible, it doesn’t come so easy. Someone needs to provide guidance, coaching, techniques, and strategies for contemplating those healthy thoughts. There are plenty of strategies. Among them: Learn some Torah by heart and review it in your mind, thought by thought, seeing the connection between one thought and the next. Imagine yourself standing before a group of intelligent people, attempting to explain something you find truly wondrous. They stop you and ask questions. You respond. All in your mind. Think of a problem that fascinates you. Attempt to solve it in your mind. Try feeling each of your thoughts. What does reason feel like? How does light feel? If you could touch the ideas you were just thinking of, what would be their texture? Really—you can feel just about anything with your thoughts.

Tevet 5780

life on earth

Count one by one the blessings that have come to you. Feel the goodness of each blessing. Recall a deep, enriching experience of your past. Fill in as many details as you can. Where were you? Was it warm or cold that day? Rainy or sunny? Who else was there? Say a blessing or a prayer real slow, word by word, and focus your mind and heart on the meaning of each word. Where does each word take you to? You’ll find more guidance in this technique in our Jewish Meditation Series. Imagine the faces of each of the people who helped you in life and those that you love. Think of where each of them might be right now. There are so many more. All take time and effort to develop. Choose some that work for you. Develop your own. After a few weeks, you’ll find you can slip in and out of thinking modality with ease. In a conducive, quiet environment, free of distractions (I know—finding one of those nowadays is like striking gold—just avoid park benches), you should be able to keep mostly focused for up to an hour. Okay, try ten minutes. But, hey, 60 seconds is also darn good. You want inspiring thoughts. Joyful thoughts. Thoughts that will lift you up and carry you high through life. Funny thing, but rarely will you see people walking out of a philosophy class singing and dancing. So you need to look for thoughts that do that—that nurture the soul and give it life. Try some of the many deep, subtle and rich concepts of the inner Torah. Torah is about life, and the inner Torah is about your inner life, the universe’s inner life, and G‑d’s inner life. When you ponder thoughts of life, you come alive and celebrate life. You’ll find plenty of inner Torah thoughts to ponder in our Building Blocks or ChabadThink. Chabad is actually an acronym for the three faculties of the mind as they are described in traditional and kabbalistic writings: Chochmah, Binah and Da’at. Chochmah is the father of the mind, the spring from which wisdom spouts forth. Binah is the mother of the mind, the river

January 2020

of thought that carries the wisdom outward and into your grasp. Da’at is the realization that is born out of the intimate union of chochmah and binah, when the mind is totally focused and immersed in intense contemplation. The Chabad approach considers knowledge of the inner Torah as food for the soul. Food is only nourishing when chewed well, swallowed and metabolized. The same with knowledge—especially those rich and juicy chunks of knowledge that are vital nutrition for your soul: You have to chew them until you reach that da’at-point. Here’s how: Think of ways by which this lofty idea applies to your personal life. Try to envision what it means in your world. And think it clearly, as though you had to explain this to a simple person. You’ll find yourself returning to the core idea itself, again and again, reaching yet further into its depth, seeking to isolate its essential point so that you can tie that to your reality. That’s the dance between chochmah and binah as they create da’at. And da’at is what will flow out into your heart and limbs in real life. When you and your knowledge become one, your ideals play out naturally in realtime. Everything about life becomes much deeper and richer. Meditation of this sort takes your experience of Judaism, the Torah and its mitzvot to a whole new level. Then there are some important tips to keep your mind focused: Keep returning to the point. There was a point, wasn’t there? Otherwise, it’s plain fantasizing—just allowing your mind to bob up and down on top of whatever emotions happening to be swishing about inside you. Instead, you want to orbit carefully around the point—or purpose—or storyline—that you are contemplating, always returning to stare a little deeper into that point before you blast off again. Don’t react to distractions. It doesn’t matter whether it came from your environment or your own psyche. So you got lost in some fantasy for a while. Just gently move back into your point, as though you were never distracted. Reacting just makes those distractions much more distracting.

Do this at the same time in the same place every day. After only a few consistent sessions, you’ll find yourself naturally falling into contemplative mode at that time or in that place. Find something to stare at. Trees are always inspiring. So are fish. Or moving water. Why is this important? Well, it’s your 2.5 lbs. of grey matter, so why shouldn’t you learn how to control it yourself? But there are many reasons besides. Like: There’s nothing more refreshing and uplifting than focusing your mind on a single thought even for a small duration of time. When a crucial decision comes up, perhaps one that involves your ethics and priorities in life, you’ll be better able to handle it. All freedom begins with the freedom to choose your own thoughts. There’s no greater slave than a human being who has no control over what’s flashing through that grey thinking mass up there. But here’s my #1 most urgent reason we better reclaim contemplation and do it now: The time is swiftly approaching when we’ll look at a machine and say, “What’s the difference between me and it?” Guess what? If we don’t know how to reflect on our own thoughts and take them where we want them to go, there isn’t really much difference. Let’s win the war against autonomous contemplation before it’s too late and we’ve already surrendered to the machines. Where should we begin? In public school. All the way down to preschool. Give every child a minute or so each morning when the teacher instructs, “Now is the time for each of you to think about whatever you choose to think. Whatever is most important in your life. It's your own moment with your mind and your heart.” Think about it seriously. We could liberate an entire generation. EM Rabbi Tzvi Freeman, a senior editor at Chabad.org, is the author of Bringing Heaven Down to Earth and more recently Wisdom to Heal the Earth. To subscribe to regular updates of Rabbi Freeman's writing or purchase his books, visit Chabad.org. Follow him on FaceBook @RabbiTzviFreeman.

exodusmagazine.org

jewish thought

Lonely Man Simon Jacobson

f you could choose to meet one person in history, who would it be? There’s a part of me that is very curious to meet a man who was derogatorily called ‘Acher’ (‘someone else’ [sic]) after he turned apostate upon leaving the famous ‘garden.’ The story goes like this: His original name was Elisha ben Avuya, one of the greatest sages of his time. Elisha together with three of his colleagues, Rabbi Akiva, Ben Azai and Ben Zuma once went into the ‘garden,’ i.e. they had a mystical experience. Ben Azai died in the process, Bem Zuma went insane, Alisha became an apostate. Only Rabbi Akiva came out intact. After he became a heretic, his crime was considered so terrible that his colleagues no longer referred to him by name. Instead, they called him ‘Acher,’ the unmentionable ‘other.’ Alisha was considered the epitome of “one who knows his Master and intentionally mutineers against him.” A related story that contributed to Acher’s rebellion is when he saw a father tell his child to perform the mitzvah of ‘shiluach hakan’ (sending away a mother bird before taking her eggs). The child in effect preformed two mitzvot (shiluach hakan and honoring your parents) both of which carry G‑d’s promise for a reward of long life. Instead, what happened? The child climbed a ladder to fulfill his father’s wish, and he fell to his death. When Elisha saw this he ripped his clothes and cried out: “There is no Judge and there is no justice…” Acher’s story is both fascinating and mysterious. I am strongly tempted to meet and ask him what he saw there in the ‘garden’ that so disturbed him. It would be amazing to hear his experience. To hear what he felt like when they changed his name. And when his great student Rabbi Meir would study with him and would justify it to his colleagues by saying: I eat the fruit and discard the peel, I suck out the juice of the fruit and discard the pits. What did Acher think about that? Did he agree? And what did he feel when he was finally allowed into ‘hell’ (yes, even hell didn’t want him) and then into heaven? And what does he think today – thousands of years later – about the issues of justice and corruption? Indeed, who among us has not been plagued by the question of justice in this world? When

we see tragedy strike good people – and recently there has been a spate of these around my corner of the world – when we see good people suffer – we all wonder where is the Judge and where is the justice? We all wonder where is the Judge and where is the justice? So, Acher would be an intriguing person to get to know. But that’s in my more rascalish mode. In a more sober moment, I think that today I would like to meet Moses. A far more complicated individual. One who spoke to G‑d ‘face to face as one speaks with a friend,’ and he not only maintained his faith, but he is the ultimate symbol of faith and dedication, the quintessential man of G‑d. Moses was no less a sage than Acher. And he too was in the ‘garden’ – like no other person in history, and he too witnessed the suffering of the innocent, and confronted G‑d on the topic (“Why do You do evil to this nation!?”), yet he maintained his deep faith. What did he know and what did he see? I am absolutely infatuated by the journey Moses took on Mt. Sinai. First he spends 40 days receiving the Torah (from Sivan 6-Tammuz 17). Then he returns for another 40 days to pray that G‑d pardon the people

for building the Golden Calf (Tammuz 18-Av 29). Unsuccessful, he returns for yet another 40 days (Rosh Chodesh Elul-Yom Kippur) and he finally secures complete forgiveness on the holiest day of the year. [My infatuation is taking the shape of a new book that will be published in the next month – a spiritual guide to personalizing the High Holiday season]. We are actually now in the second week of Moses’ second climb on the mountain. These days are not considered such great ones – “days of wrath” – which include the Three Weeks when we mourn the destruction of both Temples and a series of other tragic events in history. What was Moses doing up there all this time? What did he see and what did he learn? What did he say and what was said to him? From the account in the Torah (primarily at the end of Exodus, and a bit in Deuteronomy and in other places) we know that his hands were full. We know that he did not waste any time and immediately confronted G‑d. We also know – from a series of cryptic verses in Exodus (33:12 and on) — that Moses got straight to the heart of matters by asking G‑d to show him His (G‑d’s) ways and His personality. And G‑d complies. Moses learns

Tevet 5780

about the Essence of G‑d and G‑d’s mysterious ways in running the universe. In a most intimate exchange, Moses asks G‑d to see His face. Instead G‑d shows him His ‘back.’ G‑d places Moses in a ‘crevice in the mountain, placing My hand over you until I pass by. I will then remove My hand and you will see my back, but My face you will not see.” What did Moses see? Perhaps we may never fully know. Perhaps you have to be a Moses to know. Yet the Torah does document it. I am sure that many other things took place on that mountain that the Torah does not share with us. The fact that this is shared with us means that it must be relevant to us, and that we can in some way understand it. Whatever the explanation – and we have plenty of time to analyze it – the entire journey of Moses is just so compelling. One thing we do know: Moses did not give up. 40 days, another 40 days, another 40 days, and he prevailed! He must have heard every possible reason from G‑d why the Jews deserved what was coming to them. He must have learned all the complexities of Divine justice and the balance of things above and below. Yet, single-mindedly, with no support system, he hammered away again, again and again… No matter what actually happened up there, what we do know is that Moses – as opposed to Acher – was not only undisturbed by what he learned, but he came back with the biggest gift of all: There is always hope. Even when things break – and how they did break! – the human spirit is endowed with the power of persistence, and sheer and absolute persistence can break down any door. Acher may help legitimize and lend credence to our doubts and questions, but then what are we left with? The same questions and confusions that have disturbed countless generations before us. Great! As if we didn’t have enough doubts and fears… What does Moses leave us with? He leaves us with confidence in ourselves, belief in the future, hope in our children and grandchildren. What does Moses leave us with? He leaves us with confidence in ourselves, belief in the future, hope in our children and grandchildren.

Yes, to believe – what a concept, what a force! And to believe even when there seems no reason to – that takes guts, that takes courage, that takes real power. So, though we don’t really know what Moses was doing up there, day after day after day for 120 days, what we do know is that he left us an eternal legacy – the ability to face our deepest questions about justice and injustice, about the innocent and their suffering, about G‑d and His mysterious ways – and come away stronger, more confident than ever. Perhaps what he ultimately learned is that our questions, doubts and fears don’t weaken reality, just as our answers and courage don’t strengthen it. So why spend the rest of your life agonizing, justifying, excusing, cowering (of course, with a courageous masquerade) – spend it better on growing, building, perpetuating. Even when the going gets tough, hold on to the future, rather than be victimized by the past. What else can be said when I see friends and colleagues suffering senseless loss. Yes, while the people were suffering below Moses was experiencing a parallel reality above. He did not succumb to the resignation and the quiet — or loud – desperation from below. He wasn’t interested in the millions of arguments making a case for despair and hopelessness. He had no time for that; he knew that anyone can come up with such arguments. With half a brain (or less) in your head, every conceivable argument can be made – and a strong one at that — that we are going nowhere, and the more things change the more they stay the same. A strong case can be made for a life of complacency and mediocrity. Moses wasn’t interested in repeating all the arguments for negativity that came before him and that would inevitably come after him. He wanted something unique, something legendary, something unprecedented – something that would instill hope in humanity, hope in our future, hope in our destiny. Ahh, Moses. What a character! He would be a great person to meet for a drink… EM Rabbi Simon Jacobson is the author of Toward a Meaningful Life: The Wisdom of the Rebbe and the director of the Meaningful Life Center (meaningfullife.org).

future tense

MOSHIACH MUSINGS

Our Sages highlight the connection between children and redemption by interpreting the verse, “Do not touch My anointed ones (meshichai),” as referring to Jewish children. Why are children given this title? — Because they have no other genuine concern besides Moshiach. A child truly wants to live in a world of peace, harmony, knowledge and joy, and these are the very qualities that will characterize the Era of the Redemption. Adults often find it difficult to think beyond the mundane details of their dayto-day existence. Children, by contrast, do not have to grapple with such concerns, and thus their true inner desire can express itself. Although their feelings and thoughts may lack sophistication, the simple genuine power of their desires is greater than that of adults. And this fundamental desire is focused on the coming of the Redemption. This inner will is reflected in the song first sung by Jewish children, “We want Moshiach now.” The word “want” also implies “lack”. Intuitively, children feel an actual want, a real lack, because Moshiach has not been revealed. On a larger scale, the positive aspects of childhood relate to the Jewish people as a whole. This parallel is reflected in the chassidic interpretation of the verse, “For Israel is a youth and I love him”: Israel’s youth-like qualities arouse G‑d’s love. A similar concept can be derived from the verse, “Who will arise on behalf of Yaakov, for he is small?” Positive influence on behalf of Yaakov, the Jewish people, is called down from Above by the fact that “he is small,” by virtue of the bittul, selflessness, which characterizes the Jewish people. This quality is the root of all positive attributes and the repository for all blessing.

ask the rabbi

Do You See Any Signs? by Rabbi Yoseph Y. Zaltzman

I know many people say that we are getting closer and closer to the time or redemption, or the times of Moshiach. Can we see any signs of this happening in the current technological reality we live in? Things don't really seem more messianic than they have been in the past. Actually, many thing seem more complicated and worse off.

A person who is in the thick of the woods "can't see the forest for the trees." This is also true about the Redemption; the signs of Redemption are so apparent, and so much part of our lives, that many of us fail to notice them. The Talmud and Midrash are bursting with fantastic legends concerning the long-anticipated Messianic Era. It is safe to presume that in generations past many of these forecasts were viewed as implausible myths, the product of an overactive imagination. However, in the last century or so, many of these legends are no longer relegated to the realm of the impossible. In the generation before Moshiach's arrival, G‑d has allowed modern science to pave the way for that special day. Let's examine some of the Biblical prophecies and Midrashic statements concerning the Messianic Era: "Moshiach will teach Torah to the entire nation, from the wisest to the simplest." Years ago this was inconceivable. How can one person, as great as he may be, teach Torah to millions of people? Today, with the plethora of media available to anyone, it is very easy to envision such a scenario. Telephones and wireless telephones, Radio and XM radio, TV and satellite TV, and most importantly the advent of the internet, make it easy for one person to communicate with the entire world. Moshiach, the consummate blogger – there's a thought for you! In the Messianic Era "there will be no war or strife because all delicacies will be commonplace like dust." In times bygone, a civilization didn't exist which didn't have droves of dirt-poor citizens who suffered constant malnutrition, and people dying of hunger wasn't a rare occurrence. Today, in the United States, as well as many other developed countries, it has been demonstrated over a period of decades that no person must die

of hunger. The average underprivileged person in today's society is better off than the affluent person of the 1800s. There are tomatoes and cucumbers in his refrigerator whether it is winter or summer, his children can attend school, and his house is cool in the summer months. The system isn't perfect – if it were we wouldn't need Moshiach! – But we can already envision a day when indeed every person is cared for. The resources certainly exist, and we have the means of transporting them throughout the world, wherever they may be needed. "The [Jews] will fly [to Israel] on the heavenly clouds." Another prophecy which certainly was considered mythical before the Wright Brothers nudged our world a little closer to Moshiach's times! Last but not least, in recent years the prospect of the resurrection of the dead, the ultimate "fairy-tale" has become almost a practical reality. In Jurassic Park we have all seen ancient creatures brought back to life through cloning. True, scientists say that today's technology doesn't yet allow for such breakthroughs, but it seems to be in the foreseeable future. Our sages speak of the miniscule "luz" spinal-bone which will be used to recreate all the deceased Jews of the ages, and now we can comprehend how the DNA which is within one microscopic bone can be used to bring a person back to life. A person who lived 150 years ago, if brought back to life today and witnessing the marvels which modern science has uncovered within G‑d's creation, would be certain that the Messiah has already arrived. Now it is time for us to wake up to this reality, and prepare ourselves for the special moment. Indeed, we will be the ones who will experience the fulfillment of the dream of the ages! EM Rabbi Yoseph Y. Zaltzman is the Senior Rabbi of the Jewish Russian Community Centre of Ontario. You can Ask the Rabbi at jrcc.org or fax to 416.222.7812. To meet with Rabbi Zaltzman in person, feel free to call 416.222.7105 to book an appointment. Appointments are generally available on Tuesday evenings after 7 p.m. Rebbitzin Chiena Zaltzman is also available for private consultations by appointment on Wednesday evenings from 9 to 10pm by calling 416.222.7105.

Обычно никто не задается вопросом, как итальянец становится итальянцем, или француз – французом? Но вопрос «кто такой еврей?» вызывает массу дискуссий. В связи с этим хотела бы задать вам несколько вопросов: кто был первым евреем на земле и что человека делает евреем? Что сделало, скажем, меня и Вас евреями? Вас интересует мнение Торы по этому вопросу или расхожее мнение? Ну конечно, мнение Торы, я же поэтому и обращаюсь к раввину. И это правильно, потому что ответ на вопрос «что означает быть евреем» может дать только Тора, так ее создателем является Тот же, Кто создал мир и Кто создал еврея. Поэтому только у Творца можно искать ответ на этот вопрос. Дискутируя на эту тему, люди часто приводят собственные мнения, которые они формируют, опираясь на собственный интеллект и жизненный опыт. Надеясь на собственные силы и способности, люди не учитывают, что и то и другое является ограниченным, так как сама сущность человека ограничена его физическими параметрами. Тогда как возможности Творца – безграничны. Поэтому человеческий разум, каким бы высоким уровнем интеллекта он ни обладал, по определению безгранично далек от мудрости Творца. Весь мир является продуктом Творения Вс-вышнего: Он создал землю, небо, воды, растения, животных, человека. Души людей и всего сущего также созданы Вс-вышним. Но еврей в отличие от всего остального (и всех остальных) имеет вторую душу – Б-жественную. Ее Вс-вышний не создавал – он отделил от Себя (если так можно выразиться) «кусочек» Своей Б-жественности и передал еврею. В этом заключается неповторимость еврея, и именно с этой особенностью связаны мудрость и талант еврейского народа... The article above is excerpted from the Russian edition of Exodus Magazine. To subscribe, please visit exodusmagazine.org or call 416.222.7105.

Tevet 5780

‫ב”ה‬

Our

Community T H E M O N T H I N R E V I E W. U P C O M I N G E V E N T S & P R O G R A M S .

JANUARY 2020 | TEVET 5780 COMMUNITY CALENDAR

JANUARY2020 TUES

FAST DAT: 10 TEVET 6:14am to 5:30pm jrcc.org/calendar

SUN

SPA FOR THE BODY & SOUL JRCC East Thornhill See ad on page 15

MON

PARENTING WORKSHOP JRCC S R-Hill 7 Maple See ad on page 14

26 7:00pm 27

8:00pm FRI

5:00pm

ONE SHABBAT ONE WORLD Friday night dinners See ad on page 14

SOUL GATHERINGS Farbrengens, or “informal gatherings,” are a regular and central part of community life, where friends and neighbors get together, usually to mark important collective and personal dates and milestones. Farbrengens generally feature one or more persons leading the gathering with stories and Torah thoughts, as participants share words of wisdom, encouragement and song, while enjoying l’chaims and refreshments. There were several farbrengens at the JRCC in the last few weeks to commemorate special days during the month of Kislev. On Shabbat, Dec 7, all the JRCC branches hosted a kiddish lunch farbrengen in honor of 9-10 Kislev, the birthday/yarhzeit and the festival of liberation of the Mitteler Rebbe. For the 14th of Kislev, the anniversary of the Rebbe’s wedding day, which carries special significance as the date that “connected” the Rebbe to his father-in-law, the previous Rebbe, and hence to the Chassidim, the JRCC South Thornhill hosted a special gathering at 770 Chabad Gate. A large farbrengen gathering was also held at the JRCC West Thornhill on December 16 in honor of the 19th Kislev, with special guest speaker Rabbi Zalman Wilshanski from Morristown, NJ. This day is celebrated by Jews around the world as the Festival of Liberation and the Rosh Hashana of Chassidus. It marks the day the Alter Rebbe, Rabbi Schneur Zalman of Liadi, founder of Chabad, was freed from Czarist imprisonment, where he was interrogated and tortured after being falsely accused of treason. The day is considered a milestone for the Chassidic movement, one that contributed dramatically to the flourishing of its communities and teachings since. Learn more at jrcc.org/farbrengen. PROGRAMS FOR WOMEN In our busy lives, it is often challenging to make time for community gatherings. Nevertheless, each month the JRCC offers a variety of happenings where inspiration and life wisdom are shared as meaningful connections are formed. This past moth, the JRCC S. Richmond Hill & Maple hosted an Essential Oils Workshop, an evening that explored the benefits of various essential oils, where each woman made her own therapeutic cream, and enjoyed a mouth-watering latke bar in honor of Chanukah. The JRCC East Thornhill organized an evening featuring noted psychotherapist and parenting blogger Victoria Prooday on the topic of “Raising an Emotionally Intelligent Child.” Meanwhile, the JRCC West Thornhill and the JRCC East Thornhill each hosted the second installment of “Insight,” a seven-part course for women on the empowering perspective of the Rebbe on humanity.

CANDLE LIGHTING TIMES January 3, 2020

4:35pm

January 10, 2020

4:42pm

January 17, 2020

4:50pm

January 24, 2020

4:59pm

January 31, 2020

5:09pm

www.jrcc.org

32ND ANNUAL PUBLIC MENORAH LIGHTING The JRCC’s annual Public Menorah Lighting, one of over thirty JRCC Chanukah events, was held on the first night of Chanukah, Sunday, December 22 at Mel Lastman Square. The even attracted over 300 community members, local residents, as well as a number of passers by who were curious about the festive event, live music, refreshments and the 13-foot tall menorah in front of City Hall. Several dignitaries and public figures were in attendance, members of city council, as well as provincial and federal representatives, who honored the celebration and the community with their presence and their warm words. 16TH ANNUAL CHANUKAH WONDERLAND The sixteenth annual JRCC Chanukah Wonderland Carnival brought an exciting day of activities to the Lebovic Campus in Maple to the delight of over 2,000 participants. As in past years, the event was held at the Schwartz/ Reisman Centre. The event featured a series of entertaining performances by local clowns, magicians and jugglers, and a variety of animal shows. Parents and children enjoyed an afternoon full of different activities: A crafts area, menorah making and olive press workshops, rides, carnival game booths, and live music. Special thanks to the staff volunteers and partner organizations, including BBYO, JCC, JBCT and the Jewish Gorsky Community, who helped make this a successful, memorable event for the whole community.

JRCC Our Community

CHANUKAH COMMUNITY EVENTS All JRCC branch and program held their own musicg ames f undough nuts drie de ls priz e s ge ltla tk e s unique Chanukah parties for their participants, Chanukah Events complete with a menorah lighting and — FOR ADULTS — Chanukah refreshments like doughnuts and • Chanukah Party latkes. Several branches hosted evenings especially for adults, including: JRCC Steeles • Menorah Lighting & Party & Hilda (Chanukah Party); JRCC S Richmond • Bistro Chanukah Hill & Maple (Bistro Chanukah evening); JRCC • Wine & Cheese South Thornhill (Chanukah Cafe evening); • Menorah Lighting & Party JRCC West Thornhill (Wine & Cheese • Chanukah Café evening); JRCC East Thornhill (Saturday • Chanukah Party night Chanukah Cafe evening); JRCC Concord • Chanukah Party (Chanukah Party) and JRCC @ Rockford • Chanukah Café (Saturday night Drinks & Dreidels evening). • Drinks & Dreidels These festive evenings, billed as “An Adult’s Pre-Chanukah Parties Night Out,” giving parents in the community — FOR KIDS — the opportunity to get together and meet new ✭ Kiddie Holiday Chefs friends in a relaxed setting while enjoying refreshments and entertainment, lighting the ✭ Mother & Child Painting ✭ Chanukah Party Menorah together, and enjoying the festival ✭ Chanukah Party atmosphere. In addition, for the first time, ✭ Kids Donut Fry-Off community events were organized by the For more information: 416.222.7105 jrcc.org/chanukah JRCC for local residents at the North York, Etobicoke and Scarborough Civic Centres. For children, there were special Chanukah parties just for kids, featuring activities and crafts focused on “edu-tainment” to teach kids about Chanukah in a fun way, including the JRCC S. Richmond Hill & Maple’s Kiddie Holiday Chefs,; the JRCC West Thornhill’s Mother & Child Painting event and a separate Children’s Chanukah Party; the JRCC @ Rockford’s children’s Chanukah Party; and the JRCC East Thornhill’s Kids Donut Fry-Off.

Parenting Workshop for women with Sarah Goldwasser, coach

Monday, Jan 27 at 8:00pm

SUNDAY, DEC. 22, 4:30PM

NORTH YORK CIVIC CENTER 5100 Yonge St., Committee Room 3

MONDAY, DEC. 23, 6:30PM

JRCC S Richmond Hill & Maple 9699 Bathurst Street

ETOBICOKE CIVIC CENTER 399 The West Mall

MONDAY, DEC. 23, 8:00PM

JRCC S. RICHMOND HILL & MAPLE 9699 Bathurst St.

MONDAY, DEC. 23, 8:00PM

JRCC WEST THORNHILL 1136 Centre St., #2

TUESDAY, DEC. 24, 6:30PM

Transform yourself and your family Enjoy a nostalgic hot pretzel station

SCARBOROUGH CIVIC CENTER 150 Borough Dr.

TUESDAY, DEC. 24, 8:00PM

JRCC SOUTH THORNHILL 1 Cordoba Dr., Party Room

WEDNESDAY, DEC. 25, 7:00PM

JRCC STEELES & HILDA 175 Hilda Ave., Party Room

THURSDAY, DEC. 26, 8:00PM

JRCC CONCORD 411 Confederation Parkway, #14

SATURDAY NIGHT, DEC. 28, 8:00PM

JRCC EAST THORNHILL 7608 Yonge St. #3

SATURDAY NIGHT, DEC. 28, 8:00PM

JRCC @ ROCKFORD 18 Rockford Rd.

$15 before Jan. 20 / $20 at the door

RSVP: JRCC.org/WomensPrograms

SUNDAY, DEC. 15, 11:30AM

Nellie McClung Public School | 360 Thomas Cook Ave. JRCC West Thornhill | 1136 Centre St., #2

SUNDAY, DEC. 15, 3:30PM

TUESDAY, DEC. 17, 5:00PM

JRCC West Thornhill | 1136 Centre St., #2

New!

WEDNESDAY, DEC. 18, 4:00PM

JRCC @ Rockford | 18 Rockford Rd.

WEDNESDAY, DEC. 18, 6:OOPM

JRCC East Thornhill | 7608 Yonge St., #3

Visit jrcc.org/pictures

JEWISH LENDING

LIBRARY by mail!

Access 100's of Jewish Books with a few clicks - Our lending library now ships books for a low yearly membership fee of $89, includes the return shipping label!

For more info, visit: www.JrccEast Thornhill.org/Library

FOR MORE PHOTOS OF JRCC EVENTS AND PRGRAMS ‫ב"ה‬

B"H EВРЕЙСКИЙ ЦЕНТР РУССКОЯЗЫЧНОЙ ОБЩИНЫ ОНТАРИО JEWISH RUSSIAN COMMUNITY CENTRE OF ONTARIO

Please join us for

A MULTIMEDIA FASHION SHOW:

JEWISH WOMEN THROUGH THE AGES

YUD

SHVAT

– CELEBR ATING 70 YEA

THE RS OF

The JRCC branch near you is hosting a Friday night Community Dinner to celebrate one Shabbat to unite the world, to bring the long awaited redemption for all mankind. Adult $30/Child $20 Early-bird until January 26: Adult $40/Child $30 For more information and to register: 416-222-7105 или www.jrcc.org/shabbaton

REBBE

’S L E A D E R

S H I P 1940 - 2

FRIDAY NIGHT 5 SHEVAT, 5780 JANUARY 31, 2020 • Woodbridge: 25 Sandwell St. • S. Richmond Hill & Maple: 9699 Bathurst St. • Concord: 411 Confederation Rd., #14 • Thornhill Woods: 8808 Bathurst St. • West Thornhill: 1136 Centre St., Unit 2 • East Thornhill: 7608 Yonge St., #3 • South Thornhill: 1 Cordoba Dr. (Party room) • Hilda: 175 Hilda Ave. (Party Room) • Rockford: 18 Rockford Rd. • Willowdale: 60 Horsham Ave.

JEWISH RUSSIAN COMMUNITY CENTRE OF ONTARIO EВРЕЙСКИЙ ЦЕНТР РУССКОЯЗЫЧНОЙ ОБЩИНЫ ОНТАРИО

020

January 2020 / Tevet 5780

TUESDAY, FEBRUARY 25 DOORS OPEN

PROGRAM BEGINS

7:30PM

8:00PM

BAYT-613 CLARK AVENUE WEST R E G I S T E R AT J R C C . O R G / FA S H I O N S H O W $30/ REGISTRATION BY FEB. 18; $45/ AFTER FEB. 18

BY WOMEN, FOR WOMEN

An Unforgettable and Inspiring Portrayal of Trailblazing Jewish Women From Biblical Times to the Present

416.222.7105

Faces of the Community EVGENY SHENDERY GYMNASTICS COACH

HOME UPGRADE AN EVENING FOR COUPLES

In the fast-paced, high pressure world we live in, we sometimes need to stop and refocus on maintaining and improving that which is most important to us: our family life.

Please tell us about your career. I am an expert trainer of the International Federation of Men and Women Gymnastics, coach of the Ukrainian team, USSR national team, Italy and Canada national gymnastics team.

Please tell us about your childhood and family history. There was a war in my childhood, and I remember its first day, even though Time and location TBA. I was only 4 years old. On June 22, 1941 there was supposed to be a major Contact Rabbi Levi Jacobson for more info: jacobson @jrcc.org. sports festival in Kiev, with a parade at the stadium. But instead, people saw a German paratrooper landing near Boryspil. I was in the yard and, seeing jrccWestThornhill.org people flying in from the sky, I ran and shouted: “Uncles, uncles!” A soldier in a green uniform was walking towards me, carrying a rifle over his shoulder with triangular bayonet that sparkled in the sun. He came up to me and gave a light slap, saying: “These are not uncles, but fascists!” But as soon as he got away, I continued to scream joyfully: “Uncles!” This is how my memory of A SEVEN PART COURSE FOR WOMEN ‫ב”ה‬ childhood began. ‫ב”ה‬ My father, Abram Izrailevich Shenderey, was an electric welding engineer LLEESS SS OO NN 3 3 who worked on the Dnieper hydroelectric station. He went to the front At Bottom of the AtThe The Bottom ofPot the Pot as a volunteer. He, as a specialist with higher education, was immediately promoted to sergeant and taken into the air force. WHEN FAILURE INFUSES FRUITION. As established in WHEN FAILURE INFUSES FRUITION. As established in I remembered him when he came home to say goodbye wearing a the previous lessons, the Rebbe had a knack for seeing the budenovka hat with a red star. Everyone was sure, and so they said on the the previous lessons, the Rebbe had knack for seeing the positive in all events, phenomena, people, etc.aBut what about life-choices that objectively bad, immoral, and contrary to what radio, positive in allare events, phenomena, people, etc. But about that in a couple of weeks the war would end with the defeat of the Nazis. I remember that an orchestra was playing at the station, soldiers were the Torah’s teachings—is there any good in those? One of the life-choices that are objectively bad, immoral, and contrary to loaded into freight cars, people climbed over their heads to see a loved one pillars of the Rebbe’s philosophy is that not only is there the the Torah’s teachings—is there any good in those? One of the for the last time. possibility of using past regretful choices as a springboard to pillars of the Rebbe’s philosophy is that not only is there the greater places, but that doing so is their purpose and where When the Germans approached Kiev, they began to evacuate the families they inevitablyof must lead.past This regretful understanding reframes of servicemen. A small green truck arrived with women and children already possibility using choices as our a springboard to view of past errors and empowers us to thrive—not despite, sitting in the back. We were given literally two minutes to get ready to greater places, but that doing so is their purpose and where but—because of them. The Rebbe’s different view of failure. leave. My mother grabbed a bundle of documents and some food, me they inevitably must lead. This understanding reframes our and my older brother Zinovy (now 87 years old, he lives in Boston), and we Jan 7 at 7:30pm at JRCC East Thornhill | Jan 27 at 8:00pm at JRCC West Thornhill view of past errors and empowers us to thrive—not despite, went together into the unknown. We drove for a long time and drove into Jan 8 at 8:00pm at JRCC South Thornhill (Lesson 2) but—because of them. The Rebbe’s different view of failure.a young fir tree. There were only two narrow intersecting roads. I sat at the LESSON 4 edge of the side of the car as a convoy of German tanks passed by on the An Eternal Blueprint intersecting road, a few seconds after we crossed it. I still remember the deafening roar of the tanks and the imposing black and white insignias on BLENDING CELESTIAL SPIRIT AND MUNDANE MAT TERS. JRCC East Thornhill the turrets. The secret of Jewish LES SON 4 survival is the Torah, which century after We arrived at the Urals, to the city of Kotelnich, Kirov region. Constantly Women's Circle century has been studied and taught with commitment and hungry, my brother and I went to the banks of the Vyatka River to collect AnButEternal Blueprint love. of what value is the Torah in our everyday lives? Based invites you to river onions. Once, a large, majestic wild elk appeared next to us, who also on the assertion of the Zohar that the Torah is the blueprint of the world, the Rebbe constantly emphasized that MUNDANE no element of MATcame BLENDING CELESTIAL SPIRIT AND TERS.to feast on the same bank. In 1943, Stalin ordered the capture of Kiev. The city was liberated, but it creation can possibly be in conflict with Torah. The Torah is not The secret of Jewish survival is the Torah, which century after came at steep price. The Dnieper River was red with blood. only a guide to living a holy, spiritual life, but also a guide to how century been andthe taught with commitment and When I was around eight or nine years old, we lived in Kiev near the train to properlyhas utilize and studied interact with world in optimal fashion. love.premise But ofhas what value is the Torah in our everyday lives? Based It was a completely non-Jewish region, and every day my brother station. This many ramifications, including that observing the instructions theZohar best way to assure oneself is a good and of I fought with the other boys, because we were Jews, and our faces took on Torah’s the assertion of is the that the Torah the blueprint life—in a material sense too. The Rebbe’s different view of the Torah. a beating. Once I was even hit with a surgical scalpel, and I still have the scar the world, the Rebbe constantly emphasized that no element of from this blow. For my brother and I, this served as an impetus to begin to creation can possibly be in conflict with Torah. The Torah is not engage in sports. My brother took up weightlifting, while I trained seriously only a guide to living a holy, spiritual life, but also a guide how in to gymnastics. Our coach was disparagingly called a Jew trainer, because Lto E Sproperly S O N 5 utilize and interact with the world in optimaloffashion. the six boys he coached, five were Jewish. And four of these five had achieved various levels of success in gymnastics. One of the Jewish boys The Dawning anramifications, Era This premise has of many including that observing from our section, Willy Schwartzman, became the winner of a national sports the Torah’s is theROLE. best Men wayand to women assureare oneself a good THE ESSENCEinstructions OF THE FEMININE contest. Harry Margulis was the first in Canada to open a gymnastics school different many ways—physically, emotionally, and even in life—inina so material sense too. The Rebbe’s different view of the Torah. College with two training sessions per day. Leonid Grakovsky in Seneca the way their brains operate. All these are due to the different repeatedly led the Canadian team to the Olympic Games. The fourth was me. roles that men and women serve in bringing all of Creation to After graduating from the Kiev Institute of Physical Education, I worked as a its desired destination—the Redemption. Nevertheless, the gymnastics coach at Dynamo Kiev for 15 years, where I trained international Rebbe BEAUTY, taught that the Redemption is primarily a feminine era, AN EVENING OF RELAXATION, HEALTH AND SPIRITUALITY competition level gymnasts. My students were part of the Soviet Union and therefore women play the lead role in bringing LES S O N Jewish 5 team, but for obvious reasons, our achievements were always credited to the all of creation to that JANUARY 26, 2020, 7:00awaited PM time. This lesson explores the competition instead of me. At one of the competitions, the judges unfairly The Dawning of an Era feminine mystique in an attempt to discover why this is so. AT JRCC EAST THORNHILL, 7608 YONGE ST. UNIT 3 rated my student. Of course, I objected, to which they told me: “When will The Rebbe’s different view of women and the feminine role. you finally Featuring guest speaker:THE Mrs.ESSENCE Chana Carlebach,St. Agather, Quebec OF THE FEMININE ROLE. Men and women are emigrate to your Israel ?!” And so I emigrated. I arrived in Italy, where on the third day I began to work with the men's different in so many ways—physically, emotionally, and even in national team in gymnastics. Two years later, I prepared the winner of the ThetheArt of Love ps,to the different way their brains operate. All these are Sou due European Championships. Then my students became world and Olympic Salads that men and women serve in bringing all Creation to Spa treatments: Massage*, facials,roles makeup, manicure*, paraffin wax, and more champions. This despite the fact that in Italian I knew only the word “ciao." & Smoot hieof s In Canada, my son Felix and I trained gymnasts for the International Maccabi its desired destination—the Redemption. Nevertheless, the Workshops: Games Rebbe taught that the Redemption is primarily a feminine era, in Israel. Our team took third place and received a gold medal for • Upgrade your energy. Optimize your nutrition with Rebecca Karlin, Naturopathic Doctor exercises on the uneven bars. The International Gymnastics Federation has and therefore Jewish women play the lead role in bringing awarded me the title of expert trainer in male and female gymnastics. • Learn how to “get sparked “ with Shaindy Nacoson, Shainsparks makeup artist all of creation to that awaited time. This lesson explores Ithe want to add that I am very grateful to my wife, Ida Shenderey, who always • Strategies for healthy and mindful living, withmystique Leah RochelinWeisberg, RN BSCN feminine an attempt toNC-BC discover why this is supports so. me in everything and is a true friend. site role. On The Rebbe’s different view of women and the feminine Swag bags babysitting! * $30 by January 19, $45 after & Free www.JrccEastThornhill.org/spa giveaways * with advance registration only

Spa

for the

Body & Soul

www.jrcc.org

JRCC Our Community

te?

mited ess to

416-222-7105 | www.jrcc.org Jewish Russian Community Center of Ontario

RESPECTING AND SERVING OUR ELDERS The overall population in Ontario is experiencing a demographic shift as the baby boomer generation ages into senior status. Since the average age of immigrants from the former Soviet Union at the time was older than their Canadian contemporaries, our community is even affected by this shift. Seniors often feel disconnected and lonely, with the lack of social interaction and physical activity often leading to a decline in emotional, mental and physiological health. Recognizing this trend over a decade ago, the JRCC launched what was then an innovative pilot project in partnership with the Bernard Betel Centre, UJA Federation of Greater Toronto, JIAS Toronto, JRCC and Baycrest. The program focuses on creating supportive environments, building social networks and connectivity, and supporting lowincome, isolated and unaffiliated seniors by bringing free social, recreational, educational, cultural, health promotion and other programs to where they currently live. This project has been offered to several sites across Toronto and York Region, and includes some or all of the following components: Communityoriented activity programs that are both physical and social in scope; Health promotion and disease prevention lectures and programs; Falls prevention program and training; Kosher meal program: a nutritious, light lunch; Computer literacy program; ESL classes for immigrant seniors; Jewish holiday programs and cultural activities; Hands-on JRCC Furniture Depot | 1416 Centre St | Vaughan, ON crafts;

5987 Bathurst Street, #3 Toronto, ON M2R 1Z3 Canada Office Hours: Sun: 12 — 5 Mon to Thurs: 9 — 6 • Fri: 9 — 3hrs before Shabbat

JRCC BRANCHES JRCC of Ontario: 5987 Bathurst St., #3 Rabbi Yoseph Y. Zaltzman x278 Roi Aftabi, COO x257 JRCC Woodbridge: 25 Sandwell St. Rabbi Avrohom Yusewitz x261 JRCC S. Richmond Hill & Maple: 9699 Bathurst St. Rabbi Avrohom Zaltzman x247 JRCC Concord: 411 Confederation Parkway, #14 Rabbi Avraham Weinstein x 249 JRCC Affiliate CRC of Thornhill Woods: 8808 Bathurst St. Rabbi Chaim Hildeshaim x224 JRCC West Thornhill: 1136 Centre St., #2 Rabbi Levi Jacobson x240 JRCC East Thornhill: 7608 Yonge St., #3 Rabbi Mendel Zaltzman x227 JRCC South Thornhill: 1 Cordoba Dr., Party Room Rabbi Levi Blau x288 JRCC Steeles & Hilda: 175 Hilda Ave., Party Room Mr. Melekh Brikman x282

FURNITURE DEPOT

416-222-7105 ext. 500 | www.jrccfurnituredepot.org

Art, history and educational lectures; Entertainment and social programming; Visits by JRCC rabbis to deliver lectures and offer support. Healthy at Home is currently offered in 17 sites in the GTA, including the JRCC West Thornhill (Tuesdays and Thursdays), the JRCC East Thornhill (Mondays), the JRCC @ Rockford (Thursdays), and several JRCC-affiliated seniors buildings. In addition to weekly programs at each location, the project has delivered healthy kosher lunches to over 3,800 isolated seniors since inception. Healthy at Home, part of theПожертвуйте JRCC's Social свою Services initiative, provides seniors with opportunities мебель нуждающимся! to gather in social settings in which they learn about important, and often life-saving health matters, and Звоните нам receive access to in-home services. @ 416-222-7105 ext. 248

ПЕРЕЕЗЖАЕТЕ? РЕМОНТ?

For more information about the Healthy at Home program contact Dovid Faynberg at 416-222-7105 Partly funded by #245 or dovid.faynberg@jrcc.org. The Regional Municipality of York

JRCC@Rockford: 18 Rockford Rd. Rabbi Shmuel Neft x235 JRCC Affiliate Jewish Gorsky Assn.: 465 Patricia Ave. Rabbi Dovid Davidov x255 Downstairs JRCC Willowdale: 5700 Yonge St. Rabbi Yisroel Zaltzman x231 JRCC Sheppard & Bathurst Senior’s Building 4455 Bathurst St., Party Room / Mr. Roman Goldstein x221 JRCC Lawrence & Bathurst Senior’s Building 3174 Bathurst St., Party Room / Mr. Mordechai Natarov x221

JRCC AFFILIATES Danforth Beaches Rabbi Shalom Lezell (416) 809-1365

Durham Region Rabbi Tzali Borensein (905) 493-9007 Georgina, Ontario Rabbi Yossi Vorovitch (905) 909-8818 Hamilton Region Rabbi Chanoch Rosenfeld (905) 529-7458 London, Ontario Rabbi Lazer Gorgov (519) 438-3333 Niagara Region Rabbi Zalman Zaltzman (905) 356-7200 Ottawa, Ontario Rabbi Chaim Mendelsohn (613) 218-8505 Waterloo Region Rabbi Moshe Goldman (519) 725-4289

EDUCATIONAL PROGRAMS

FURNITURE DEPOT

ntment*)

)

c.org

An agency of the Government of Ontario. Relève du gouvernement de l’Ontario.

MOVING? RENOVATING? Donate your furniture to those in need! Call us @ 416-222-7105 ext. 248 to get a quote for pick-up

te?

mited ess to

JRCC Directory

JRCC Program Spotlight

L&M Gelfand Daycare JRCC Daycare and Preschool x501

JRCC Hebrew School Sunday and after-school program x225 Institute of Jewish Studies Classes & Lectures for Adults x221 Exodus Magazine Monthly Publications in Rus & Eng x222 JRCC Bookstore & Library jrcc.org/bookstore x221

SOCIAL PROGRAMS Furniture Depot: 1416 Centre St. #6 x500 jrccfurnituredepot.org Hospital & Jail Visitations x221 Family Counselling & Legal Advice Holiday Programs x234 Events, Parties & Holiday Awareness Jewish Identity Verification x237 Mazal Makalski jewishidentity@jrcc.org Simcha Gemach x234 Chanie Zaltzman chanie.zaltzman@jrcc.org Volunteering x254 Get involved in your community!

JRCC Furniture Depot | 1416 Centre St | Vaughan, ON 416-222-7105 ext. 500 | www.jrccfurnituredepot.org

January 2020 / Tevet 5780

Partly funded by The Regional Municipality of York

YEDinstitute – Entrepreneurial Mentorship x221 yedinstitute.org

416.222.7105

SHARE THE JOY! the ex odus ma g azine s im cha sectio n

Happy 70th Birthday to

Mazel Tov to IT’S A BOY!

ZINA TESEL!

Rabbi Shmuel and Esther Neft

Jamie Lou Jesin Jacob Gurfinkel Levi Neft

Dad was blessed to have met you. Without you in our life we don’t know where we’d be today. You taught us all the important lessons: working hard, respecting others, never quitting, and having fun no matter what. We owe all our success to you. Love, Boris Edita and Luiva

T’S A GIRL!

Danielle Miropolsky

On the birth of their son

Levi

BAR-MITZVAH!

Elan Ruven Sklyannikov Berl Jacobson

MARRIAGE!

Dovid Botnnikov & Devorah Leah Tzipporah Fridman Menachem Biston & Tamar Gerber Eli Tenenbaum & Mushka Katzman

May it be G-d’s will that you raise him and enable him to attain Torah, marriage and good deeds amidst prosperity.

Also sending heart felt Birthday Wishes and love: Roma Zigelbaum, Kopman family, Micheal Grinberg, Slozberg Family, Levin Family, Grabel family, and Adler Family

With best wishes, the JRCC Staff

Wishing you much health, happiness and nachas, from the rabbis of the JRCC

Rabbi Yoseph Y. Zaltzman (Senior Rabbi) Rabbi Levi Blau Rabbi David Davidov Rabbi Chaim Hildeshaim Rabbi Levi Jacobson Rabbi Shmuel Neft Rabbi Avraham Weinstein Rabbi Avrohom Zaltzman Rabbi Mendel Zaltzman Rabbi Yisroel Zaltzman

Celebrate your Jewish birthday! To learn more on when and how to celebrate your Jewish birthday visit www.jrcc.org/birthday January 2020

The largest Mazda dealer in Toronto

Rana Khan

General Sales Manager

416.642.7777 6167 Yonge Street, Toronto, ON M2M 3X2

w w w. m a z d a o f t o r o n t o . c o m

BOOKSTORE Wide selection of Jewish books in English, Russian & Hebrew We also sell tallit, teffilin and mezuzot. 5987 Bathurst St., North York 416-222-7105 bookstore@jrcc.org www.jrcc.org

NAMES LISTED ABOVE AND ADS IN THIS MAZEL TOV PAGE ARE NO PROOF OF JEWISH IDENTITY

NURIEL MAZGAONKAR 33 Brockdale St., Richmond Hill, ON L4E 4W1

INTERRIORS • bathroom renovations • home renovations • home improvements • interior decor • kitchen renovations • basement renovations • dry walling • painting EXTERIORS • roofing • fences & decks • landscaping CONDOMINIUMS • design & interiors

Contact: 647 981 4450 nuriel@bluecraftcanada.com mailto: info@bluecraftcanada.com

www.exodusmagazine.org

perspectives

The Failure of the ICC Alan Baker

n the aftermath of the atrocities committed by Nazi Germany during the Second World War, and following the 1945-6 Nuremburg trials of the major Nazi war criminals, leading international jurists started to devise a statute for an independent, international juridical body that would adjudge all such criminals. However, pending the establishment of a permanent international criminal tribunal, the atrocities committed during the conflicts in Yugoslavia (1991-2001), Rwanda (1990-1993), Sierra Leone (1991-2002), Cambodia (19751979), and Lebanon (2004-2005) accentuated the urgent need for international criminal adjudication of the war criminals involved in those atrocities. To this end, individual, temporary ad-hoc tribunals, similar to the Nuremburg Tribunal, were established by the UN to deal with each specific conflict. Such tribunals included the “International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991” (ICTY), the “International Criminal Tribunal for Rwanda” (ICTR), the “Special Court for Sierra Leone,” the “Extraordinary Chambers in the Courts of Cambodia,” and the “Special Tribunal for Lebanon.” The Cold War delayed advancing the vision and drafting of a statute for one, universal, and independent international criminal court, rather than individual criminal tribunals to deal with specific conflicts. Due to the difficulties in negotiating the details of a statute between the major political blocs, the Court was ultimately established after the break-up of the Soviet Union, with the adoption of the 1998 Rome Statute, following a series of international conferences sponsored by the UN. Regrettably, and despite the best intentions of its founders, as well as some noble sentiments set out in the preambular paragraphs of its Statute, the very independence and impartiality of the Court – so central for any such vital and important juridical body – was flawed from the outset. The central preambular provision of the Court’s founding statute determined, on the one hand, that the Court would be an “independent permanent International Criminal Court,” but it backtracked and neutralized such

independence by bringing the Court into a curious “relationship with the United Nations system.” The Statute even strengthened this relationship and linkage by “[r]eaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” While a reaffirmation of this central provision of the UN Charter may well be an important component of any international instrument, its inclusion in the central preambular provision of the founding document of the International Criminal Court, ostensibly independent of the UN, is somewhat puzzling and lacks logic. This issue of the Court’s independence vis-àvis the UN arose in 1997, during the debates in the UN General Assembly’s Sixth (Legal) Committee, when the representative of Trinidad and Tobago, one of the founding fathers of the vision of an international criminal court, stated: The proposed international criminal court should be an independent body and not subordinate to or a subsidiary of the Security

Council. While the Court is ostensibly independent of the UN, the Statute nevertheless determines that, in addition to assessed contributions by the states parties to the Statute, the Court is financed by: Funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council. Approval of funding, like any other action requiring approval in the UN General Assembly, is, of necessity, a process driven by the political and economic interests of its members and subject to political bargaining that is totally unconnected to the needs of the Court. Clearly then, placing the court’s financing at the political mercy of the General Assembly can only serve to undermine and to prejudice any pretention of independence of the Court. In a similar manner, the establishment by the Statute of an “Assembly of States Parties” as “the Court’s management, oversight, and legislative body composed of representatives of the states that have ratified the Rome Statute,” places the judicial independence of the Court at the whim of a political majority of such an

Tevet 5780

perspectives

obviously political, non-judicial entity. For all intents and purposes, this “Assembly of States Parties” whose meetings take place generally at UN headquarters, is a cut-andpaste version of the UN General Assembly, with identical political groupings for purposes of voting, consultation, political wheeling-anddealing, and geographical representation. In a recent critique of the functioning of the “Assembly of States Parties,” published in 2017 by the Journal of International Criminal Justice, entitled “Challenges to the Independence of the International Criminal Court from the Assembly of States Parties” it was stated: The Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) plays a significant role in relation to the ICC and, by extension, international criminal justice. Non-governmental organizations and some states have expressed concern about the potential for the ASP process to unduly influence the exercise of the judicial and prosecutorial functions of the ICC. This article uses three examples stemming from recent ASP sessions to analyze the ASP’s potential to influence the work of the Prosecutor and the Chambers of the ICC: (1) the ASP’s legislative function with reference to ASP changes to the ICC Rules; (2) the noncooperation of Rome Statute parties with the ICC; and (3) the budget approval process. It argues that the ASP risks undermining the ICC’s judicial and prosecutorial independence. On the issue of the Court’s independence, four former presidents of the ICC’s Assembly of States Parties stressed, in a recent op-ed article published by The Atlantic Council: States have to stand up for the ICC in its mission to be judicially independent, even, or in particular, in situations where that may be politically inconvenient. On October 29, 2018, at a UN General Assembly Plenary discussion on the functioning of the Court, similar sentiments were expressed by the Philippines, announcing its decision to withdraw from the Court due to the politicization of human rights. Sudan also criticized the ICC, saying that the perception of the Court is that the ICC is part of the UN. Canada also stressed that the Court must “operate without obstruction, beyond power,

January 2020

politics, and geopolitics.” Since the Court was established by way of a multilateral treaty and derives its power and authority from its founding treaty, the ICC Rome Statute, legal logic would assume that, like any other multilateral treaty, it should be an entirely separate and independent entity, and not dependent upon the links or whims of the United Nations. The Court’s character as an independent international institution should be all the more evident considering that its Statute is not merely another multilateral treaty establishing another multilateral organ, but establishes a juridical institution that cannot and should not be dependent upon a political framework, such as the UN. This cannot but influence the Court’s judicial work. However, in light of the structural linkage to the UN system, and the fact that the United Nations is the center of that system, this curious linkage and self-inflicted dependency on the UN Charter principles are being interpreted to mean that there is a need to coordinate the Court’s judicial role with the UN’s responsibility to maintain peace and security. The fact of this linkage to the UN and the dependence on a political organization implies that the Court cannot claim to be an independent and apolitical juridical organ. As such, this belies the basic principle of independence underlying such a serious juridical body. Clearly, any such entity negotiated under the sponsorship of the UN and based on UN groupings and political pressures, cannot be independent or impartial, since every vote is ultimately determined on the basis of political interests and deals. In an editorial comment in 2005 in the American Journal of International Law, entitled “Judicial Independence and Impartiality in International Criminal Tribunals,” Prof. Theodor Meron, former President of the International Criminal Court for former Yugoslavia observed: Judicial independence is critical for the rule of law. First, judges who are independent of political or other pressures, will adjudicate the disputes brought to them with an eye to the guiding legal principles and without any undue influence by external sources.

The linkage with the UN has plagued the Court since its inception and has increasingly enhanced the perception that the ICC has, in fact, become a quasi-UN agency. The ICC is dependent on the UN for funding, dependent on the UN voting system for election of its judges, and tied to the UN through a formal relationship agreement with the UN. In addition to having developed a cumbersome bureaucracy and a vast array of expenses, the UN linkage has caused the Court to become politicized. This linkage has also enabled manipulation by political elements intent on furthering their own partisan aims, in a similar manner as within the UN and other organizations within the UN system. Such dependency is amply reflected in the manner in which it has been obliged by the UN to handle the issue of Palestinian accession to its Statute and the resultant manipulation, abuse, and politicization of the Court by the Palestinian leadership in its obsession with Israel. The acceptance of a non-existent Palestinian state as a fully-fledged member state in the Court is perhaps an example of how the Court is dependent upon political determinations of the UN’s General Assembly and SecretaryGeneral. It cannot function in the independent ambiance that one assumes should serve as the basis for the functioning of such an important international judicial body. In a statement issued on April 2, 2012, former ICC Prosecutor Louis Moreno Ocampo declined to accept a 2009 Palestinian application for membership to the Court in light of the nonexistence of a Palestinian state. However, he was obliged to refer the question of Palestinian statehood to “competent organs of the United Nations or eventually the Assembly of States Parties to resolve the legal issue relevant to an assessment of article 12.” The constitutional linkage of the ICC to the UN, in effect, required the Prosecutor to refer the question for political determination to the UN, rather than to refer it for substantive juridical determination to the appropriate body of judges of the Court. The Palestinian accession to the Statute as a “state” party was subsequently accepted in 2015 by the UN, acting as depository of the ICC Rome Statute, and subsequently by the

exodusmagazine.org

perspectives

ICC Prosecutor and Assembly of States Parties. The basis for accepting Palestinian accession to the Statute was a non-binding resolution of the UN General Assembly 67/19 on the “Status of Palestine in the United Nations” that upgraded the status of the Palestinian delegation to the UN to “non-member observer state status.” Curiously, while upgrading the Palestinian status to that of a non-member state, the same General Assembly resolution acknowledged that there is not yet such a state, pending a negotiated settlement of the status of the territories. To this end, the Assembly reaffirmed the call for negotiations “for the achievement of a just, lasting, and comprehensive peace settlement between the Palestinian and Israeli sides.” But this did not prevent acceptance by the Court of a Palestinian “state” member. The UN General Assembly, as a political and not a law-making body, does not have the legal powers or prerogative to declare or establish statehood. Nor does it have the legal capacity to proffer legal grounds for acceptance of accession by a non-state of Palestine to the ICC Statute. Since the ICC’s Statute is open to “States Parties” only, and since there exists neither a Palestinian state, nor any agreed-upon and accepted sovereign Palestinian territory, the assumption that “Palestine” can be party to the Statute is legally flawed. Similarly, the assumption that the Palestinians can engage the jurisdiction of the Court vis-à-vis territories that are acknowledged by the UN to be disputed and pending final settlement, is no less legally flawed. Thus, the ICC cannot constitute grounds for accepting referrals of Palestinian complaints. This Palestinian attempt to engage the Court and to claim that the territories are part of a Palestinian state is also at variance with the Oslo Accords, according to which, “Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations.” In this context, the UN has endorsed the Oslo Accords in various resolutions. By acknowledging Palestinian statehood and by signaling to the ICC that it could accept a nonexistent Palestinian state as a full “State Party” to the Rome Statute, the UN has, in fact, legally

undermined its own endorsement of the Oslo Accords. Despite the lack of legal grounds and in clear contravention of the terms of the ICC Statute, which relies upon “States parties” for the functioning of the Court, the Palestinian nonstate was accepted as a fully-fledged state party to the Court. Pending the outcome of Israeli-Palestinian negotiations on the permanent status of the territories as agreed upon in the 1995-1999 Oslo Accords, there exists no agreed-upon legal or political determination regarding the sovereign status of the disputed territories. The topic remains an agreed negotiating issue between the Palestinians and Israel, pending the outcome of the permanent status negotiations. Acceptance by the ICC of the Palestinian declaration claiming that the territories are Palestinian sovereign territory for the purpose of extending the Court’s jurisdiction to actions in the territories not only lacks any legal validity but also attempts to prejudge the outcome of an open negotiating issue. The Court has never yet judicially determined the legal validity or standing of the Palestinians vis-a-vis the Court, nor has it made any juridical determination as to whether the Court may extend its jurisdiction over territory that is disputed but claimed by the Palestinians to be their territory. However, the Prosecutor has proceeded, pursuant to the court’s procedural rules, to institute preliminary examinations of these complaints and the applicability of the Statute to such situations. Logically and legally, without any internationally accepted and recognized, agreed-upon permanent status of the territories, and without any binding international determination that there exists a Palestinian state with its own sovereign territories, it is highly unlikely that the Court would be able to exercise jurisdiction. However, on the strength of their having been accepted as a state party to the Statute, the Palestinians have adopted the ICC as their own “back-yard tribunal” for baiting Israel. They regularly submit referrals against Israel’s political and military leaders accusing them of war crimes committed during the various military confrontations, as well as regarding Israel’s settlement policy. In so doing, they are

politicizing the Court and treating it in the same manner in which they treat the various other international institutions and organizations with which they are involved, much to the detriment and credibility of the Court. Despite procedural or political action by the prosecutor to process such complaints, it is hoped that the Court’s judges would act in an objective manner befitting an international juridical and non-political body. Clearly, any perception of politicization of the Court would endanger its juridical integrity – something the Palestinians are indeed attempting to achieve with every complaint. Indeed, in an unusually apt statement issued by Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit of the ICC on September 12, 2018, in response to criticism of the Court by John Bolton, former U.S. National Security Advisor, he stated: The Court is an independent and impartial judicial institution. The ICC, as a court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law. In light of the questionable legal status of the Palestinians vis-à-vis the Court, as well as the clear lack of jurisdiction of the Court in territories that are acknowledged internationally to be in dispute and pending settlement, it might be expected that the Court, acting in accordance with the principles of objectivity, would not permit itself to be abused. This expectation is all the more pertinent given the inherent lack of gravity of the crimes complained-of. But the question remains whether the ICC, in light of its inbuilt, constitutional linkage to and dependence upon political determinations by the various the UN bodies, has the capability to overcome such limitations and act in a truly judicial manner. If it cannot, then there is a need to go back to the international drawing board and to think again as to how to have a genuinely independent juridical body. This body must be devoid of any linkage to political entities so that there would not be any political considerations in electing judges and staff or in its general judicial functioning. Time will tell. EM jcpa.org

Tevet 5780