Aboriginal Spirituality - Land Rights

Aboriginal Spirituality - Land Rights Movement

Terra Nullius:

At the time Captain Cook arrived in Australia in `1770, he deemed Australia as “Terra Nullius” - land belonging to no one - an empty piece of land.

Therefore, when early settlers and European arrived after 1788 (the First Fleet), they could remove Aboriginal People from the land they were claiming with full support of the law behind them.

Aboriginal people were not recognised as owners of the land.

1992 - Mabo

It was not until 1992 that the notion of Terra Nullius was overturned in Australia when it was finally conceded that that was not an accurate description of the land when Captain Cook arrived.

Eddie Mabo was an Torres Strait Islander from the Mer (Murray) Islands:

The case was brought to court by a number of Meriam People, however, Eddie Mabo was a spokesperson and was highly active in campaigning for the traditional land rights of his people in the case.

The case was initially brought to the courts in 1982 and took 10 years to finally make a ruling - in the end the ruling was 6 to 1 in favour of the Meriam people.

Chief Justice Gerard Brennan ruled that because the British Government did not fully acquire the land and because the Merian people had continued ties to their native land, continuing to practice traditional culture beyond the process of European settlement, then Native Title existed.

Most significantly, the case overturned the ruling of Terra Nullius. Chief Justice Brennan stated:

The fiction by which the rights and interests of the Indigenous inhabitants in land were treated as non-existent was justified by a policy that had no place in the contemporary law of this country.

However, the Mabo decision did not automatically grant all traditional land back to the traditional owners. In cases where “freehold titles” existed (eg. ownership of land recognised by law such as ownership of land and house), allowed the owner executive possession and native title could not be claimed as it had been extinguished - this would be the case for most settled areas (eg. major cities/towns).

It opened the opportunity, however, for Aboriginal and Torres Strait Islander people to claim Native Title on areas such as:

• Crown Land
• National parks
• Some leased land in which Aboriginal People had traditional access - although this was still a grey area at the time.

Native Title Act 1993

The Native Title Act was introduced by the Keating Government in 1993 after the Mabo decision. It was the government’s response to the Mabo decision to attempt to balance the rights of current users of the land such as developers, miners, pastoralists and tourism operators with the Aboriginal people seeking Native Title.

In a lot of ways, it strengthened the hold on the land for those leasing the land and set conditions which made claiming Native Title more difficult for the Aboriginal people.

The purpose of the Native Title Act according to the Australian Bureau of Statistics was:

1. It recognized and protected Native Title
2. It provided for the validation of any past grants of land that may otherwise have been invalid because of the existence of native title
3. It provided a regime for enable future dealings in native title lands and imposes conditions on those dealings.
4. It established a regime to ascertain where native title exists, who holds it and what it is, and determined compensation for acts affecting it.
5. It created a land acquisition fund to meet the needs of the dispossessed Aboriginal and Torres Strait Islander peoples who would not be able to claim native title.

The Native Title Act was again ammended in 1998 by the Howard government and had the effect of making claims to Native Title more difficult. There have also been further amendments in 2007 and 2009 dealing with mediation between the courts, the Tribunal and parties making or defending a claim. Another amendment in 2010 dealt more specifically with public housing.

Wik - 1996

The concern over Native Title being claimed on pastoral leases was addressed in the 1996 Wik decision in the High Court of Australia. It concerned the rights to Native Title for the Wik and Thayorre people. This area is part of the highlighted area below in the area of Cape York QLD.

The Wik claim challenged the right of Pastoral leases in the area to extinguish Native Title.

Due to historical nature of the pastoral leases, initially given to protect the Aboriginal people who were trying to live a traditional life from harm from pastoralists using their land, it was ruled that the granting of a pastoral lease did not give the pastoralists exclusive access to the land.  

Therefore, it did not extinguish the claim for Native Title and that Native Title would be upheld in the area as long as the pastoralists and the traditional owners, the aboriginal people, could exist on the land harmoniously. However, in a case where interests clashed, the rights of the pastoralists would be upheld over those of the traditional owners.  

For further reading and a timeline of Native Title claims in Australia click here.

Jewish Bioethcs - Overview

Jewish ethical teachings are always centered around two basic concepts - the right relationship with God and the right relationship with other human beings. This helps guide adherants to making the right decisions in bioethical situations where the Torah may not have made direct reference to the circumstance as it may not have existed at the time when Mitzvot were formed (given). Teachings on modern bioethical situations therefore must be determined through close study and apt interpretation of the TenNaCh, particularly the Torah, the 613 Mitzvot, Halachah law and rabbinical teachings and discussion (the Talmud). Conservative and Reform Jews may also look to the Responsa, a collection of legal ruling by prominent rabbis on issues that have arisen over the centuries, for guidance This is all done in consultation with today's Rabbi who have great understanding of Torah and Jewish law from years of study, discussion and practice.

They also look towards particular ethical concepts that guide the Jewish adherents in doing the right thing in a range of situations. These include actions which are essential to Jewish ethics:

• Gemilut Chassidim = these are deeds of loving kindness eg. hospitality to strangers, caring for and visiting the sick, helping the poor, compassion for relatives of the deceased etc. 
• Tikkun Olam = "Repair eternity" is the rough translation to this - it basically translates to 'repair the world' and the idea is to perform acts or act in a way that will make the world its best place. That is making the world and the communities in it, they can possibly be, an ideal world. 
• Pikuach Nefesh = the principle that all other laws can be broken if necessary to save a human life. The preservation of human life comes before and overrides almost all other Jewish laws and teachings. 

These three actions help guide a Jewish adherent in doing the right thing in moments or times of ethical uncertainty.

kinloss.org.uk - accessed 30.8.16

Besides these, there are principles of Jewish ethics that should be followed. These include: 

1. All life is sacred and has equal and infinite value - this means that all life is of the same value - no life should be sacrificed for another. It also means that every moment of a persons life has value and unlimited potential - from the moment of their first breath (or conception depending on the variant) until their last breath their life is of the same value as anyone else's.
2. Our lives and bodies belong to God and we are made in the image and likeness of Him. God is the creator who gave us life and therefore all life belongs to God. Based on this principle, we need to take care of our lives as best we can (as our life and our body is from God) and it is not the place of human's interfere with God's creation and plan for our lives. 
3. Sickness and death are all parts of life. Because these are natural parts of life and ultimately of God's plan for us, we should not interfere with illness and death too much and should accept them as a part of our human condition
4. Improvement of a patient's quality of life is a constant commitment. All effort should be made to keep an ill or dying patient as comfortable as possible and to make sure their quality of life is the best it can be. 

The Jewish sacred texts and other sources, the essential ethical actions and the Jewish bioethical principles all help the Jewish adherent to determine the most ethical course of action when faces with moral or unknown dilemmas. 

Religion - Jewish Marriage - YouTube Playlist

Some great, easy to understand clips that explain some of the traditions behind Jewish marriage and the significance of these traditions.

The Effect of Rashi on Judaism

The Effect of Rashi on Judaism

WORK AS A JUDGE/RABBI

His rulings on Halachah law set legal precedences that continue today. Jews with moral dilemnas will still sometimes refer to Rashi's rulings to provide guidance and legal interpretations. 

His rulings in favour of women set a pattern or tradition against the oppressive patriachal Jewish community at the time. His rulings protected a woman's rights in her marriage and often upheld the covenant between husband and wife if the husband was unjustly seeking a get (divorce).

For example:

A husband sort to be released from his marriage without paying the marriage contract because she had sores all over her face which she hid on the wedding day with cosmetics. He sought the ruling that the marriage was not binding. Rashi ruled that the husband was not acting like a true descendant of Abraham as he was not showing compassion to all humankind, least of all his wife with whom he had entered into a covenant. The husband was obliged to honour his wife and live with her in love and fellowship.

This type of ruling had ongoing effects in Judaism as women were more protected in their marriages against trivial divorces due to Rashi's example. 

YESHIVOT

Rashi established his first yeshiva at 25, then went onto establish other yeshivot and this tradition then continued through his tosafots (students and grandsons).

After studying in Mainz and Worms (both centres of Jewish academic excellence at the time) as a young man, he took this learning and academic tradition back to Troyes.

His schools earned reputation of academic excellence and educated many young men - FROM ALL ECONOMIC AND SOCIAL BACKGROUNDS - in Torah scholarship and Halachah (Jewish law).

In doing this he established the tradition of Torah scholarship in Judaism for generations to come and this is a tradition that still exists today. The tradition was initially carried on by the Tosafots but continues into modern times. There is even the "Rashi School of Learning" in Boston, USA today.

His education and Yeshiva meant that many young men who would otherwise have not been educated and would have remained ignorant of the laws and teachings of their own faith, could be schooled in Torah and Halachah and take this learning back to their own families to further their understanding of  Torah and strengthen their faith.

COMMENTARIES:

In nearly 1000 years, Rashi's commentaries have not been superceded. This is how complete, thorough and effective Rashi's works are.

The commentaries are still published in all copies of the Talmud today, his commentaries found in the inside column of a page of the Talmud, the column closest to the spine of the book. His work and his interpretations, as well as his encouragement of his students to disagree and argue with his meanings, inspired his Tosafots (grandsons and students) to also write commentaries, often contradicting Rashi's commenaries. These commentaries are also published in each edition of the Talmud, being found in the outside column of each page.

His commentaries are also included in each copy of the Chumash, a printed copy of the Torah scroll found in the synagogue. This allows for modern interpretation of current issues using Rashi to understand and apply Torah scripture.

Rashi wrote the first comprehensive commentary on the Talmud. He gave full explanation of all words and oral laws.

His commentaries were simple and concise and often used analogies to convey meaning so that people of all educational backgrounds could understand. This was very important as it mean that all people could access Torah - not just the educated few (before this, Torah and Talmud study was previously restricted to the educated few who could read and speak Hebrew and Aramaic).

Rashi translated the text into the common language of the time (French) which meant all people could read and understand the words of the TeNaCh and Talmud.

His commentaries also allowed for non Jews (mostly Christians) to be able to read and understand the teachings of Judaism which helped to ease tensions between the two religious communities at the time (many tense interactions between Christians and Jews at the time, around the time of the Second Cruisade, when Jews were being persecuted for their beliefs).

Even today, people do not study Torah without using Rashi's words to guide them.

It was said of Rashi, shortly after his death: "His lips were the seat of wisdom. Thanks to him, the law... has come to life again."

EFFECTS ON WOMEN

Rashi was a champion of women's rights in Judaism and his example has had an ongoing efftect on the way women were treated and seen in Judaism.

His rulings as a judge protected a woman's rights in her marriage (previously noted in earlier post- Rashi's contributions).

Rashi educated his own daughters in matters and teachings of the Torah which set an example for other women to also be treated the same and educated.

He made changes to rulings and interpretations of Halachah law that allowed women more of a role in synagogue and enabled women to perform and observe particular mitzvot that were previously closed off to them.

This had a lasting effect on women in Judaism as they were then better able to understand the teachings of their own religion and have a more active role in living out their faith.

He wrote prayers especially for women (see previous post - Rashi's contributions) for example, changing the words of the prayer over the shabbat lamp to allow women to recite them.

OTHER EFFECTS:

Through his efforts to make Torah more accessible, he brought Christians and Jews closer together as he increased their understanding of Judaism through his commentaries.

Christian scholars were also in awe of his intelligence, his commitment to scholarship and his academic reputation and work.

Through this, there was less segregation and persecution of Jews at the time as more people were able to understand Judaism through his interpretations.

Judaism - Contribution of Rashi

Contribution of One Significant Person - Rabbi Solomon Isaac (Rashi)

Rabbi Solomon Isaac (Rashi) was born in Troyes, France in 1040. He studied at Worms and Mainz (Rhineland - Germany) as a young man. He had 3 daughters - two of whom married students of his (Tosafots).In his life he worked as a rabbi, judge, teacher and wine merchant. His most significant contribution to Judaism are the commentaries he wrote on the Talmud and TeNaCh (except the book of Chronicles).

CONTRIBUTIONS:

Judge and Rabbi

• In his work as a rabbi and judge in his community because he had extensive knowledge of Torah and Halachah (Jewish law) from his earlier studies. He was also a very intelligent, fair and honourable person.
• In this work, he ruled on and interpreted Halachah law when community disputes or issues arose. A lot of his rulings are still set as precedence and referred to in issues of Jewish law today.
• These rulings later inspired his commentaries. 
• He also ruled in favour of women (often to protect them and their rights within their marriages) which began to change the patriarchal tradition of Judaism.

Teacher and Founder of Yeshivot

• In his work as a rabbi he also taught Torah scholarship and Jewish law to others in the community. At 25 years of age, he began his own Yeshiva (school) in Troyes. In doing this, hes established an academic tradition in Judaism which became tradition of scholarship for all Jewish people - particularly young men - for generations to follow. 

A modern Yeshiva - Rashi inspired the education of all young men in Torah scholarship leading to many more Yeshivot being opened - there is a Rashi School in Boston, USA, today.

Commentaries

• He wrote extensive commentaries on the Talmud and TeNaCh - on all words in all books except the Book of Chronicles.
• His commentaries explained and interpreted every word, what message was being given through the text and into a language of the day that all people could understand (French - these texts were previously written in Hebrew or Aramaic which only highly educated few could understand).
• His commentaries were simple yet extensive and interpreted the whole text. 
• No scholar has every superseded his work. 

A double page of the Talmud - Rashi's commentaries can be seen in the margins

Brought Together Versions of the Talmud

• At the time Rashi lived there were two versions of the Talmud:
• The Babylonian version
• The Jerusalem version 
• Rashi did extensive work in comparing the texts and establishing the correct and preffered version - the Babylonian Talmud.

Champion of Women

• At a time where women were held in very low regard in Jewish society, receiving little or no education outside of what was required to manage the household, and having virtually no role in practice of their faith, Rashi educated his daughters as an example for other women. He taught them Torah scholarship so they could better understand their own faith. 
• He ammended rulings on Mitzvot for women of the community so that they could perform certain mitzvot they were previously closed off from. For example he changed the words of the blessing over the Shabbat lamp so that women could perform the blessing. The matriach (oldest woman) of the Jewish household still perform this blessing today.
• Rashi also wrote prayers for women and gave them roles in the synagogue.

Significance of Jewish Marriage - To Individuals and Communities

Significance of Jewish Marriage - To The Individuals


The Ketubah is a key feature of the Jewish marriage - it is not just a contractual agreement between husband and wife, but also connects the couple spiritually with the beliefs and traditions of Judaism.

The ketubah states the responsibilities of the man to his wife but it is also a stated affirmation of the responsibilities of God's love and justice to the people of Israel. Every aspect of the wedding ceremony affirms or symbolises God's involvement and control over the lives of the Jewish couple. The ring, the symbol of the marriage covenant between husband and wife, also reminds the couple of the covenant between Abraham and God.


The chuppah - or canopy - over the wedding party shows the importance of the marital home for the family. It is emphatic of the importance of producing and maintaining life, and in doing this Jewish beliefs and tradition (children of a Jewish mother are always considered Jewish).

The Brakot reminds the couple getting married and the people congregated of God's love for his people and of the blessings God has bestowed on his people. It is also a way from turning the attention of the day from the couple towards God. It reminds the couple that God, who gave the couple life and brought them together, will bless them through their lives as he has blessed Abraham and the people of Israel for generations.

The significance of marriage, after the wedding has taken place and the couple begin their life together, includes the responsibilities of the husband and wife. The husband is responsible for the shelter, clothing, food and sexual relations of his wife - thus marriage provides significance for the couple in that they will always protect each other. However, the man's responsibility for providing sexual relations does not mean that he has a 'right' to have sex whenever he feels like it. A woman has her own power in a marriage in that she may retain property (or anything of monetary value) that she owned before the wedding throughout her marriage. Her husband may manage her property, but he does not own it.

Significance of Jewish Marriage - To The Community.

For Jewish people, if they are part of a family, the marriage ceremony either has been or will be a significant part of their life. By definition, a Jewish person is someone who is either born to a Jewish woman or has converted to Judaism. Because of the is and marriage being the platform from which a family can be created and maintained, marriage is vital for continuing the Jewish faith into future generations.

The wedding ceremony also brings together individuals in the community in a celebration of love and happiness. In a marriage taking place, it puts in place services and practices that bring together to the community for the continuation of Jewish traditions which are vital for their faith.

As a worldwide religious community, the Jewish community benefits from the celebration and union of a couple in the expression of tradition and the expansion of that community by the creation of new Jewish life.

References;

Clark, H (2007). Spotlight: Studies of Religion HSC, Chapter 6: Judaism, Science Press, Marrickville, NSW, p. 169.

Image from: http://www.lafamily.com/divorce-custody/bringing-new-baby-blended-family - accesses 6 April 2016.

Marriage as an Expression of Jewish Beliefs

Marriage as an Expression of Jewish Beliefs


The covenant of marriage is a reminder of God's covenant with Jewish people and a reminder of their covenantal obligations. Marriage in a way, acts as a metaphor for God's relationship with Israel and the marriage ceremony actually contains a verbal affirmation of God's benevolence.

It is strongly believed in Judaism that God actually knows/chooses your spouse - in the Talmud it is said that 40 days before a male child is conceived, a voice from heaven announces who's daughter he is going to married - this is literally a match made in heaven. The Jewish term for these soul mates is 'Bashert' (Rich, 2011).

Jews believe that marriage is not only a holy state of being, but that to be unmarried is an unnatural state - according to the Talmud an unmarried man is constantly thinking about sin. It is also a fulfilment of the example God set in Genesis when he created Eve for Adam. Torah teaches that God created woman because it is not good for a man to be alone (Genesis 2:18). Therefore, the joining of a man and a woman in marriage is a fulfilment of what God intended for humans.

Further more it creates a loving platform for the fulfilment of the commandment for procreation "be fruitful and multiply" - the first commandment (mitzvot) in the Torah.

The Jews believe that it is not until someone is married that they enter fully into the Jewish community - a community that has responsibility and concern for the survival of the Jewish people and a care and responsibility for strangers. Until the man and women unite in marriage, their souls are incomplete but through marriage they find a new united voice that plays a vital role in their community (Lamm, 2011).

They also believe that love is not realised fully in a relationship until the point of marriage, where commitment allows the love to grow and be enriched. Their covenant of marriage also contributes to fulfil and partake in the original covenant between Abraham and God.

Below is how some of the aspects of a Jewish marriage relate to their beliefs:

Wedding Component	Belief it Represents
Kabbalat Panim	It is a Jewish belief that a person’s wedding day must be a joyous occasion. It is a responsibility of every person in the Jewish community to make the happen for the bride and groom. Kabbalat Panim is a community way of ensuring the bride and groom are supported and celebrated on their wedding day.
Badeken	The veiling is done to emphasis the Jewish belief in modesty and that the soul and character of a person are paramount, regardless of physical appearance - In Genesis 24:65, Rebekah covered herself with a veil when she went to marry Isaac.
Ketubah	The Ketubah is the written contractual belief that the groom will care for and provide for the bride during the course of their marriage.
Chuppah	This represents the belief that marriage and the family home is the cornerstone of the Jewish community. It is also a reference to the bible which said that Abraham and Sarah had their tent open on all sides to welcome people in unconditional hospitality.
The Ring	The plain ring that the groom presents the bride (and in more modern weddings, the bride to the groom) and recites “Behold, you are sanctified to me with this ring in according to the law of Moses and Israel” - it is believed that the ring is an object of value which make the marriage official. The ring is plain as it represents the belief that the marriage should be one of simple beauty.
Seven Blessings	These are exclamations of several Jewish beliefs, such as in the creator God, in God that gives us love and joy, in God that blesses the world with children and are used to bless and celebrate the couple.
Breaking of the Glass	There are many explanations as to the beliefs behind this tradition. Some of them include: Symbolic of the destruction of the Temple of Jerusalem A reminder that even in times of great joy there can be sorrow The broken shards of glass may symbolise that a broken relationship may never be fully repaired.

Further Reading:

www.myjewishlearning.com/article/marriage-community/



References:

• Rich, T. R, (2011) 'Marriage' accessed 30 October 2016 <http://www.jewfaq.org/marriage.htm> 
• Lamm, M (2011) 'Marriage and Community' accessed 31 March 2016 <www.myjewishlearning.com/article/marriage-community/>