Wine, Cheese and Ben and Jerry's Ice Cream

Dear friends,

This week I posted a note on the Shul’s Instagram about State Comptroller Tom DiNapoli’s decision to divest New York state’s pension fund from Unilever, the parent company of Ben and Jerry’s. DiNapoli based his decision on Cuomo’s 2016 executive order forbidding the state to do business with supporters of the Boycott Divestment and Sanctions movement (BDS). I wanted to take the time to lay out some of my thinking on this issue that is close to my heart, which led me to post about it, and, I’m sorry to say, upset some of you. 

Before that, however I’d like to explain that I see my role as rabbi as one entangled with ethics and morality rather than “the news”. When I read the newspaper as Misha I have all kinds of thoughts and opinions about whatever I read. When I take action on an issue as Rabbi Misha it is because I see ethical implications which transcend the current moment and speak to the moral bedrock of our tradition and our people’s history. That was the case this week. 

Let me also clarify that what I posted this week had little to do with BDS. That was actually one of the points I was trying to make: that DiNapoli was using an anti-BDS law to penalize a company for an action that has nothing to do with BDS. You see, BDS is a movement to boycott, divest and sanction the State of Israel as a whole. They make no distinction between Israel proper, the land inside the internationally recognized 1967 borders, and the Occupied Palestinian Territories. To the BDS movement as a whole, the Israeli settlers of Chavat Maon - who have beaten my father and terrorized and assaulted countless Palestinians - and the residents of the Jewish-Arab village Neve Shalom, are the same.   

Ben and Jerry’s takes a different stance. Their action did not comment on the legitimacy or lack thereof of the State of Israel. They self-define as “Jewish supporters of the State of Israel.” The boycott they announced is limited solely to the Jewish settlements in the Occupied Palestinian Territories. They wrote in the NY Times that what they did is not a rejection of Israel but  “of Israeli policy, which perpetuates an illegal occupation that is a barrier to peace and violates the basic human rights of the Palestinian people who live under the occupation.” 

Throwing this kind of boycott into the same basket as BDS amounts to silencing criticism of the state. It’s the same as telling critics of Egypt or China or India--or any of the other countries around the world doing horrific things--to keep quiet. There is a reason why so many American Jews I meet are afraid to speak their minds, or even to hold an opinion on Israel/Palestine, and it has to do with messaging like this.  

Ben and Jerry’s is not questioning the legitimacy of Israel. They are questioning the legitimacy of a brutal 54 year-long occupation, and the actions of the State of Israel to fill the territory with Jews and create a system of segregation and oppression.  

Ben and Jerry’s is not saying that Israel is the worst country in the world. They know like we do that China is holding a million people in concentration camps and forcing them to pick the cotton that ends up on your clothes and mine. They know like we do that half of the population of Afghanistan and many other countries is under attack daily by the men who run it. They know that LGBTQ people are killed by the state in many countries in the world. They know that this country is still chasing black people at the border on horseback and keeps close to two million mostly black and brown people in prison.  

The reason they singled out one government is because of what I began with. It has to do with who we are. They clearly identify with Israel. They care about what goes on there. They feel a stake in it. And they were moved to take a stand on the one country that claims to speak for them as Jews.  

They’ve come to the same conclusion that many of the Israelis I know have arrived at: there’s something wrong with buying wine made in Jewish owned vineyards near Nablus, or cheese made in Jewish-owned farms outside of Hebron, both of which sit on lands confiscated from Palestinian farmers. It’s somehow different than wine or cheese from Binyamina, south of Haifa.  

We could agree with them or we could disagree. But to try to silence them in this uninformed way, which doesn’t even rise to the standards of the executive order that DiNapoli claims as his reason (and the rest of the politicians in the state have been mum on), is wrong.  

מבשרך לא תתעלם, implored Isaiah, Do not ignore your own flesh.  

Ben and Jerry’s refused to ignore the pain they feel over their ancestral homeland. They are choosing to engage, rather than to step back and say: “Oh it’s just so crazy over there.” They’re choosing to step in, despite the serious financial damages they stand to lose, rather than to hide.  

In this week’s Parashah we are introduced to our ancestor, Jacob, whose name will be changed next week. “You will no longer be called Jacob” the angel says to him. Jacob, the little brother of, the one who comes in the heel of (the literal meaning of his name), the follower who did what Mommy told him and ruined his relationship with his brother. No more of that. From now on, the angel tells him, you will have your own name, the name of one who doesn’t shy away, but struggles, leads and takes risks. “Your name will be Israel, because you have struggled with God and with humans and were not beaten.”  

Israel means to wrestle. Whether or not we agree or disagree with what they’ve done, Ben and Jerry’s is wrestling with Zion. Let’s not divest from wrestling. I hope you write me back some wrestling notes with whatever you may be thinking or feeling about this flawed communication.

Shabbat shalom,

Rabbi Misha