In this week’s parasha, Devarim, Moses recounts the journeys and battles of the Israelites and mentions a number of mysterious peoples:
The Emim dwelled there previously, a great and numerous and tall people, like the Anakim. They are also considered Rephaim, like the Anakim, and the Moabites called them Emim… Rephaim dwelled there formerly, and the Ammonites called them Zamzumim. A great and numerous and tall people, like the Anakim, but God exterminated them… For only Og, the king of Bashan, was left from the remnant of the Rephaim. His bed was a bed of iron… nine cubits was its length and four cubits its width… (Deuteronomy 2:10-11, 20-21, 3:11)
Moses is apparently describing a race of giants, “great and tall”, of whom only one remained—Og (of whom we’re written in the past)—whose bed was nine cubits long, or approximately 18 feet! Who were these Rephaim, and how are they different from Anakim? What do they have to do with the Nephilim of Genesis, who are also thought to be giants?
“Death of Korah, Dathan, and Abiram” by Gustave Doré
This week’s parasha is named after Korach, the rebellious cousin of Moses. Korach felt he had been unfairly slighted. Moses had apparently made himself like a king over the people, then appointed his brother Aaron as high priest. The final straw was appointing another cousin, the younger Elitzaphan, as chief of the Kohatites, a clan of Levites of which Korach was an elder. Where was Korach’s honour?
Korach’s co-conspirators were Datan and Aviram, leaders of the tribe of Reuben. They, too, felt like they’d been dealt a bad hand. After all, Reuben was the eldest son of Jacob, and as the firstborn among the tribes, should have been awarded the priesthood.
The Sages explain that Reuben indeed should have held the priesthood. Not only that, but as the firstborn, he should have also been the king. Reuben, however, had failed in preventing the sale of Joseph, and had also committed the unforgivable sin of “mounting his father’s bed”. For this latter crime especially, and for being “unstable like water”, Jacob declared that Reuben would “not excel” or live up to being “my first fruit, excelling in dignity, excelling in power” (Genesis 49:3-4).
Instead, the status of “firstborn” was awarded to Joseph, who had taken on the mantle of leadership and saved his entire family in a time of terrible drought. Jacob made Joseph the firstborn, and thus gave Joseph a double portion among the Tribes and in the land of Israel. He put Joseph’s sons Ephraim and Menashe in place of his own firsts Reuben and Shimon (Genesis 48:5). Meanwhile, the excellence of “dignity”—the priesthood—went to the third-born son, Levi, and the excellence of power—royalty—went to the fourth son, Judah. (The second-born Shimon was skipped over because he, too, had greatly disappointed his father in slaughtering the people of Shechem, as well as spearheading the attempt to get rid of Joseph.)
Levi merited to hold the priesthood because the Levites were the only ones not to participate in the Golden Calf incident (Exodus 32:26). The Book of Jubilees (ch. 32) adds a further reason: Jacob had promised to God that he would tithe everything God gave him (Genesis 28:22), and everything included his children. Jacob thus lined up his sons, and counted them from the youngest up. The tenth son, the tithe, was Levi (who was the third-oldest, or “tenth-youngest”, of the twelve). And so, Levi was designated for the priesthood, to the service of God.
Judah merited the royal line for his honesty and repentance—particularly for the sale of Joseph, and for the incident with Tamar. He further established his leadership in taking the reins to safely secure the return of Benjamin. The name Yehudah comes from the root which means “to acknowledge” and “to be thankful”. Judah acknowledged his sins and purified himself of them. Ultimately, all Jews would be Yehudim, the people who are dedicated to repentance and the acknowledgement and recognition of Godliness in the world. Much of a Jew’s life is centered on prayers and blessings, thanking God every moment of the day, with berakhot recited before just about every action. The title Yehudi is therefore highly appropriate to describe this people. Yet, it is not the only title.
Long before Yehudi, this people was known as Ivri, “Hebrew”, and then Israel. What is the meaning of these parallel names?
Hebrew: Ethnicity or Social Class?
The first time we see the term “Hebrew” is in Genesis 14:13, where Abraham (then still called Abram) is called HaIvri. The meaning is unclear. The Sages offer a number of interpretations. The plain meaning of the word seems to mean “who passes” or “who is from the other side”. It may refer to the fact that Abraham migrated from Ur to Charan, and then from Charan to the Holy Land. Or, it may be a metaphorical title, for Abraham “stood apart” from everyone else. While the world was worshipping idols and living immorally, Abraham was “on the other side”, preaching monotheism and righteousness.
An alternate approach is genealogical: Ever was the name of a great-grandson of Noah. Noah’s son Shem had a son named Arpachshad, who had a son named Shelach, who had a son named Ever (see Genesis 11). In turn, Ever was an ancestor of Abraham (Ever-Peleg-Reu-Serug-Nachor-Terach-Abraham). Thus, Abraham was called an Ivri because he was from the greater clan of Ever’s descendants. This must have been a powerful group of people recognized across the region, as attested to by Genesis 10:21, which makes sure to point out that Shem was the ancestor of “all the children of Ever”. Amazingly, archaeological evidence supports this very notion.
“Habiru” in ancient cuneiform
From the 18th century BCE, all the way until the 12th century BCE, historical texts across the Middle East speak of people known as “Habiru” or “Apiru”. The Sumerians described them as saggasu, “destroyers”, while other Mesopotamian and Egyptian texts describe them as mercenary warriors, slaves, rebels, nomads, or outlaws. Today, historians agree that “Habiru” refers to a social class of people that were somehow rejected or outcast from greater society. These were unwanted people that did not “fit in”. That would explain why Genesis 43:32 tells us that Joseph ate apart from the Egyptians, because “the Egyptians did not eat bread with the Hebrews; for that was an abomination to the Egyptians.”
One of the “Habiru” described in Egyptian texts are the “Shasu YHW” (Egyptian hieroglyphs above), literally “nomads of Hashem”. Scholars believe this is the earliest historical reference to the Tetragrammaton, God’s Ineffable Name, YHWH.
Defining “Hebrew” as an unwanted, migrating social class also solves a number of other issues. For example, Exodus 21:2 introduces the laws of an eved Ivri, “a Hebrew slave”. When many people read this passage, they are naturally disturbed, for it is unthinkable that God would permit a Jew to purchase another Jew as a slave. Yet, the Torah doesn’t say that this is a Jew at all, but an Ivri which, as we have seen, may refer to other outcasts from an inferior social class. The Habiru are often described as slaves or servants in the historical records of neighbouring peoples, so it appears that the Torah is actually speaking of these non-Jewish “Hebrews” that existed at the time. Regardless, the Torah shows a great deal of compassion for these wanderers, and sets limits for the length of their servitude (six years), while ensuring that they live in humane conditions.
Rebels and Mystics
Though he was certainly no slave or brigand, Abraham was undoubtedly a “rebel” in the eyes of the majority. To them, he was a “criminal”, too, as we read in the Midrash describing his arrest and trial by Nimrod the Babylonian king. Abraham spent much of his life wandering from one place to another, so the description of “nomad” works. So does “warrior”, for we read of Abraham’s triumphant military victory over an unstoppable confederation of four kings that devastated the entire region (Genesis 14). There is no doubt, then, that Abraham would have been classified as a “Habiru” in his day.
His descendants carried on the title. By the turn of the 1st millennium BCE, it seems that all the other Ivrim across the region had mostly disappeared, and only the descendants of Abraham, now known as the Israelites, remained. The term “Hebrew”, therefore, became synonymous with “Israelite” and later with Yehudi, “Judahite” or “Jew”. (This is probably why later commentators simply assumed that the Torah was speaking about Jewish slaves in the Exodus 21 passage discussed above.) To this day, in many cultures and languages the term for a “Jew” is still “Hebrew”. In Russian it is yivrei, in Italian it is ebreo, and in Greek evraios. In other cultures, meanwhile, “Hebrew” is used to denote the language of the Jews. It is Hebrew in English, hebräisch in German, hébreu in French.
In fact, another rabbinic theory for the origins of the term Ivri is that it refers specifically to the language. In Jewish tradition, Hebrew is lashon hakodesh, “the Holy Tongue” through which God created the universe when He spoke it into existence. The language contains those mystical powers, and because the wicked people of the Tower of Babel generation abused it, their tongues were confounded in the Great Dispersion. At that point, God divided the peoples into seventy new ethnicities, each with its own language, giving rise to the multitude of languages and dialects we have today.
A possible language tree to unify all of the world’s major tongues, based on the work of Stanford University Professor Joseph Greenberg. (Credit: angmohdan.com)
Hebrew did not disappear, though. It was retained by the two most righteous people of the time: Shem and Ever. According to tradition, they had built the first yeshiva, an academy of higher learning. Abraham had visited them there, and Jacob spent some fourteen years studying at their school. The Holy Tongue was preserved, and Jacob (who was renamed Israel) taught it to his children, and onwards it continued until it became the language of the Israelites.
Alternatively (or concurrently), Abraham learned the Hebrew language from his righteous grandfather Nachor, the great-grandson of Ever. We read of the elder Nachor (not to be confused with Nachor the brother of Abraham) that he had an uncharacteristically short lifespan for that time period (Genesis 11:24-25). This is likely because God took him away so that he wouldn’t have to live through the Great Dispersion. (Nachor would have died around the Hebrew year 1996, which is when the Dispersion occurred. The Sages similarly state that God took the righteous Methuselah, the longest-living person in the Torah, right before the Flood.)
Interestingly, we don’t see much of an association between the Hebrew language and the Hebrew people in the Tanakh. Instead, the language of the Jews is called, appropriately, Yehudit, as we read in II Kings 18:26-28, Isaiah 36:11-13, Nechemiah 13:24, and II Chronicles 32:18. The term Yehudit may be referring specifically to the dialect of Hebrew spoken by the southern people of Judah, which was naturally different than the dialect used in the northern Kingdom of Israel.
Israel and Jeshurun
The evidence leads us to believe that “Hebrew” was a wider social class in ancient times, and our ancestors identified themselves (or were identified by others) as “Hebrew”. This was the case until Jacob’s time. He was renamed Israel, and his children began to be referred to as Israelites, bnei Israel, literally the “children of Israel”. The twelve sons gave rise to an entire nation of people called Israel.
The Torah tells us that Jacob was named “Israel” because “he struggled with God, and with men, and prevailed” (Genesis 32:29). Jewish history really is little more than a long struggle of Israel with other nations, and with our God. We stray from His ways so He incites the nations against us to remind us who we are. Thankfully, throughout these difficult centuries, we have prevailed.
Within each Jew is a deep yearning to connect to Hashem, hinted to in the name Israel (ישראל), a conjunction of Yashar-El (ישר-אל), “straight to God”. This is similar to yet another name for the people of Israel that is used in the Tanakh: Yeshurun. In one place, Moses is described as “king of Yeshurun” (Deuteronomy 33:5), and in another God declares: “Fear not, Jacob my servant; Yeshurun, whom I have chosen.” (Isaiah 44:2) Yeshurun literally means “upright one”. This is what Israel is supposed to be, and why God chose us to begin with. “Israel” and “Yeshurun” have the same three-letter root, and many believe these terms were once interchangeable. The Talmud (Yoma 73b) states that upon the choshen mishpat—the special breastplate of the High Priest that contained a unique stone for each of the Twelve Tribes—was engraved not Shivtei Israel, “tribes of Israel”, but Shivtei Yeshurun, “tribes of Yeshurun”.
What is a Jew?
By the middle of the 1st millenium BCE, only the kingdom of the tribe of Judah remained. Countless refugees from the other eleven tribes migrated to Judah and intermingled with the people there. Then, Judah itself was destroyed, and everyone was exiled to Babylon. By the time they returned to the Holy Land—now the Persian province of Judah—the people were simply known as Yehudim, “Judahites”, or Jews. Whatever tribal origins they had were soon forgotten. Only the Levites (and Kohanim) held on to their tribal affiliation since it was necessary for priestly service.
As already touched on previously, it was no accident that it was particularly the name of Yehuda that survived. After all, the purpose of the Jewish people is to spread knowledge of God, and within the name Yehuda, יהודה, is the Ineffable Name of God itself. This name, like the people that carry it, is meant to be a vehicle for Godliness.
Perhaps this is why the term Yehudi, or Jew is today associated most with the religion of the people (Judaism). Hebrew, meanwhile, is associated with the language, or sometimes the culture. Not surprisingly, early Zionists wanted to detach themselves from the title of “Jew”, and only use the term “Hebrew”. Reform Jews, too, wanted to be called “Hebrews”. In fact, the main body of Reform in America was always called the Union of American Hebrew Congregations. It was only renamed the “Union for Reform Judaism” in 2003!
All of this begs the question: what is a Jew? What is Judaism? Is it a religion? An ethnicity or culture? A people bound by some common history or language? By the land of Israel, or by the State of Israel?
It cannot be a religion, for many Jews want absolutely nothing to do with religion. There are plenty who proudly identify as atheists and as Jews at the same time. We are certainly not a culture or ethnicity, either, for Ashkenazi Jews, Sephardi Jews, Mizrachi Jews, Ethiopian Jews, all have very different customs, traditions, and skin colours. Over the centuries, these groups have experienced very different histories, too, and have even developed dozens of other non-Hebrew Judaic languages (Yiddish, Ladino, Bukharian, and Krymchak are but a few examples).
So, what is a Jew? Rabbi Moshe Zeldman offers one terrific answer. He says that, despite the thousands of years that have passed, we are all still bnei Israel, the children of Israel, and that makes us a family. Every member of a family has his or her own unique identity and appearance, and some members of a family may be more religious than others. Family members can live in distant places, far apart from each other, and go through very different experiences. New members can marry into a family, or be adopted, and every family, of course, has its issues and conflicts. But at the end of the day, a family is strongly bound by much more than just blood, and comes together when it really matters.
And this is precisely what Moses told Korach and his supporters in this week’s parasha. Rashi (on Numbers 16:6) quotes Moses’ response:
Among each of the other nations, there are multiple sects and multiple priests, and they do not gather in one house. But we have none other than one God, one Ark, one Torah, one altar, and one High Priest…
There is something particularly singular about the Jewish people. We are one house. We are a family. Let’s act like one.
This week’s Torah reading is Mishpatim, literally “ordinances”, which is primarily composed of legal matters, as its name suggests. One of the most famous Torah phrases is found in this parasha: “you shall give a life for a life, an eye for an eye, a tooth for a tooth…” (Exodus 21:23-24). In legal terms, this is known by the Latin lex talionis, the law of retaliation.
Most people are well aware of the fact that in Judaism, this verse was never taken literally. It does not mean that if one person poked out the eye of another, then his eye gets poked out in turn. A simple example: what if the person doing the poking out is blind? Then poking out his eye in retaliation wouldn’t accomplish anything! And so, Jewish law is unequivocal on the fact that the Torah verse simply means that the punishment should fit the crime. In most cases, the punishment comes in the form of appropriate monetary compensation. The compensation should include medical expenses, lost wages, and the costs for the damages, both physical and emotional.
The Vilna Gaon had a beautiful way of proving that the Torah never meant retaliation, but financial remuneration instead. In Hebrew, the verse literally says “an eye under an eye” (ayin tachat ayin). The word for eye is עין, where the first letter is “under” (ie. alphabetically before) the letter פ, the second letter is under the letter כ, and the final letter is under ס. The letters above spell כסף, literally “money”. Thus, when the Torah says an eye under an eye, it secretly hints to monetary compensation.
In Roman law, as well, lex talionis referred to financial compensation, and not direct retaliation. However, a more ancient legal system – one that predates both Roman law, and even Jewish law – did indeed use this principle literally. In fact, this legal system phrases the law in a very similar way.
The Code of Hammurabi
In 1901, archaeologist Gustave Jéquier made a monumental discovery while excavating around the ancient Persian city of Susa. A massive stone stele with 44 columns of text written in the ancient Akkadian language. By the following year, the stele had been translated. It was a legal code, composed of 282 laws, dating back almost four thousand years to the reign of the Babylonian king Hammurabi (c. 1810-1750 BCE). The code begins with a brief legendary history of Babylon:
Stele of Hammurabi’s Code, currently housed at the Louvre in Paris. The top of the stele depicts Hammurabi receiving the laws from his patron god, Marduk.
When Anu the Sublime, King of the Anunnaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, god of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak…
The text (which can be read in full here) then lists the laws of Hammurabi’s kingdom. It is amazing to see how many laws parallel those of this week’s parasha, among them laws of slavery, theft, and damages. Some are even expressed in similar phrases. Law #196: “If a man put out the eye of another man, his eye shall be put out.”
Who is Hammurabi?
Hammurabi’s code is perhaps the earliest known legal system. In fact, it is one of the oldest pieces of text ever discovered. Incredibly, archaeologists have also uncovered a multitude of tablets and writings from his reign, including as many as 55 of his own letters. And Hammurabi’s greatness goes far beyond these writings.
Mesopotamia at the time of Hammurabi
Though initially his reign was peaceful, Hammurabi was soon mired in various wars by the aggression of neighbouring city-states. Hammurabi came out on top, and by the end of his reign had unified all the city-states of Mesopotamia under the Babylonian banner. He transformed Babylon into a metropolis and temple-laden holy city, putting it on the map for eternity. Thousands of years later, Jews still refer to the Talmud as the Bavli, the Babylonian (due to its composition in formerly-Babylonian lands, and to distinguish it from the lesser-known Yerushalmi Talmud).
Of course, Babylon also made its way into the Torah. Before there is mention of any of our patriarchs, there is mention of the city of Babylon, with its Tower soaring to the Heavens, and drawing God’s wrath. And it appears that Hammurabi himself made it into the Holy Book.
While “Hammurabi” is an Anglicized name, the king’s name was actually pronounced Ammurapi, or Ammuraphi. In Genesis 14 we read: “And it came to pass in the days of Amraphel, king of Shinar…” Shinar is the Biblical name for Mesopotamia (likely stemming from shnei naar, the land between the two rivers, which is the same as the Greek Mesopotamia). Meanwhile, Rashi comments that Amraphel was none other than Nimrod, the great king of Babylon.
The tradition surrounding Nimrod is rich and varied. The Torah says he was a “great hunter before God” (Genesis 10:8) which some interpret to mean that he was a righteous, God-fearing man (Hammurabi’s stele also describes him as God-fearing). Others point out that his name Nimrod means “to rebel”, so he must have been the rebel who built the Tower of Babel in an attempt to conquer the Heavens.
Whatever the case, after the Great Dispersion and the confounding of languages that followed the Tower, Nimrod became Amraphel. His exit from the Torah comes at the hands of Abraham, who miraculously defeated him in the War of the Kings.
Though there is no way to say for sure that Hammurabi is Amraphel, or if he ever encountered Abraham, what we do know is that their lifespans certainly overlapped. The traditional Jewish dating for Abraham’s birth corresponds to the year 1812 BCE, while historical records suggest that Hammurabi was born around 1810 BCE.
Unfortunately, looking back so far into history is often futile, and presents a murky image at best. Perhaps future archaeological discoveries will clear up the past. Alas, for the time being we are left only to wonder about what could have been…