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Posts Tagged ‘negotiation’

Two Negotiations

Posted by rabbiart on January 31, 2009

When we read the early stories of Breshit we often link two of Avraham’s conversations and struggle why he argued on behalf of the (innocent) citizens of Sodom and was silent when he was called to sacrifice his son.  He negotiates with HaShem in the first, but in the second he seems to have nothing to say.  In our parshah this week we are in the middle of another, actually quite elongated, negotiation; this time between Moshe (or you might prefer HaShem) and Pharoah.  You may not have thought of the plagues as a negotiation, but that is exactly what it is.

Avraham’s negotiation is with words only, Moshe’s words are accompanied by an increasingly emphatic set of signs and wonders.  Avraham is ultimately unsuccessful, as there are not ten innocent citizens of Sodom.  Moshe (and of course HaShem) succeed vividly – and violently. But there are additional instructive differences between the two, and perhaps lessons that apply to some elongated and violent negotiations that are going on today.  (Yes, of course, the situation in which Israel finds ourselves today.)

Consider the opening of Avraham’s conversation with HaShem.

וַיהוָה, אָמָר:  הַמְכַסֶּה אֲנִי מֵאַבְרָהָם, אֲשֶׁר אֲנִי עֹשֶׂה.</p?

Shall I hide from Avraham what I am going to do?

Once he has heard what HaShem plans to do, Avraham appeals toHaShem. His argument is simply put in Breshit 18:25. Shall not the judge of all the do justice!?!.  Avraham can appeal to HaShem’s sense of justice, because HaShem not only understands what justice is – HaShem is the creator of justice. So Avraham is able to negotiate with the ultimate power in all universe without resorting to arguments of power or any demonstrations.

The conversation with Pharoah is a different story altogether.  Moshe is not invited to negotiate for Israel’s freedom, he must force Pharoah to consider it.  Appeals to justice will not be useful; this is a negotiation about power, and power is the chief bargaining tactic. This is what really underlies the plagues – Pharoah must be convinced to do what he must, not what is just. The plagues – or something to substitute for them – are necessary. We cannot imagine that Pharoah can be persuaded by appeals for justice… or mercy.

Like any power struggle, the means escalate as the conversation is prolonged.  What starts with magic tricks and creeping animals turns all too soon into destruction, darkness and ultimately death.

As the balance of power shifts away from Pharoah we see his attitude change along with it. Egyptian magicians are able to duplicate the early plagues, and Pharoah’s heart was hardened. But in the 2nd plague (frogs) we see Pharoah begin to soften, as he tells Moshe and Aaron to ask HaShem to remove the frogs. When the gnats and flies come, he tells Moshe to take the Israelites out into the wilderness to pray, but not to go too far.

After the hail Pharoah confesses to Moshe and Aharon that he has sinned, HaShem is righteous and he (Pharoah) and his people are wicked. After just the threat of locusts, Pharoah’s staff begins to lose faith in him. When the locusts have completed their destruction Pharoah tells Moshe and Aharon that he has sinned, and begs for forgiveness.
וַיֹּאמֶר, חָטָאתִי לַיהוָה אֱלֹהֵיכֶם–וְלָכֶם. יז וְעַתָּה, שָׂא נָא חַטָּאתִי אַךְ הַפַּעַם, וְהַעְתִּירוּ, לַיהוָה אֱלֹהֵיכֶם; וְיָסֵר, מֵעָלַי, רַק, אֶת-הַמָּוֶת הַזֶּה.
He said “I have sinned against the HaShem your G-d, and against you. Please pray to forgive my sin this one time – I beg you – to HaShem your G-d, that he may take away from me this death.

Finally after darkness, the harbinger of death, Pharoah simply tells Moshe gai mir kebenyeh fenyeh although its unlikely Pharoah spoke Yiddish. The negotiation has broken down, and only the tenth plague is left.

Did these negotiations succeed or did they fail? In Sodom and Gemorah ten innocent citizens could not be found, and perhaps the story of Lot, his guests and his daughters is meant to tell us that there was not even one innocent person in that town. So even had Avraham bargained all the way down to a single innocent, the cities would still have been destroyed.  But that examination can wait until after Simchas Torah when we start our cycle all over again.

In our parshah, Pharoah seems to be coming to a realization that his behavior is not only wrong, but that it’s wrongness must be recognized, and he must ask forgiveness. But at the eleventh hour the text tells us only that Moshe left Pharoah in a great anger.  Was this negotiation successful? It is difficult to judge. The Israelites do not reach an accomodation with Pharoah, but they do succeed in getting out of Egypt.  Is that perhaps the only meaningful test. On this one, you will have to be the judge.

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Buying land in The Land

Posted by rabbiart on November 20, 2008

The alert reader (that means all of us, right?) will immediately notice the strange opening of our Parshah.  It is titled חַיֵּי שָׂרָה (hayei sarah – Sarah’s life), but it really begins with Sarah’s death. Her husband, Avraham, mourns and weeps for her, and only then goes to find a place where she can be buried. We are more accustomed to a grieving process where burial takes place first – and immediately – and is followed by mourning and grieving.

Another famous negotiation takes place, this time over the purchase of a burial plot that remains with us to this day. According  to Speiser (The Anchor Bible – Genesis) Avraham is a resident alien and thus not allowed to purchase land. (Sound familiar?)  Once again, we see how the Torah contains and foreshadows everything in human experience.  Avraham is the first Jewish (loosely speaking, as the term had not yet come into parlance) to ארץ ישראל  (aretz yisrael – The Land of Israel).  He seeks to acquire clear legal title to the land. Some 2000 years later, the first Zionist settlers come back to The Land, and again go through the process of acquiring legal title from the then current landowners. For some strange reason, their efforts do not go as smoothly as did Avraham’s, but that is a different discussion.

Speiser explains that Avraham’s purchase is a multi-leveled transaction.  He must first get permission from the local government (those who sit at the gate, see verse 10), and only then can he attempt a transaction with Ephron.  Ephron extracts an exorbitant price, to be sure.  According to Rashi, Ephron rose in status with the local elders, because Avraham needed to buy his land.

Avraham has (perhaps) been revealed to have serious negotiating skills. After all, didn’t he bargain with HaShem over the innocent and guilty of Sodom and Gemorrah?   On the one hand, he refuses the offer of burial land by way of gift, on the other hand he pays an exorbitant price. Why does he accept without question Ephron’s price for a gravesite? One possible conclusion we might make: Once again, the miracle of how our ancient text speaks directly to our lives is revealed.  Don’t wait until you really need them to buy funeral plots and make arrangements for burials.

דבר אחר (davar acher – an  interpretation that is different).  Note that in verse six the local inhabitants offer for all of Avraham’s “dead” to be buried in any of their graves.  What might it have meant had Avraham accepted this offer?   They say:

נְשִׂיא אֱלֹהִים אַתָּה בְּתוֹכֵנוּ– בְּמִבְחַר קְבָרֵינוּ, קְבֹר אֶת-מֵתֶךָ; אִישׁ מִמֶּנּוּ, אֶת-קִבְרוֹ לֹא-יִכְלֶה מִמְּךָ מִקְּבֹר מֵתֶךָ

a prince of elohim you are among us — in your choice of our grave sites, any one of us – his gravesites he would not withhold from you – to bury your dead

How might the lives of Avraham and the Hittites been intertwined had Avraham accepted this offer? Shall we allow this text to think about how the lives of Israelis and Palestinians – Jews and Arabs – might be intertwined in our time had Avraham chosen a different course, and that model something that both peoples of these people (who of course share these stories) were able to follow?

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