A Real Inquiry Committee
Parashat Hashavua – Shabbat Parashat Miketz – Chanukah 5785
Rabbi Eliezer Haim Shenvald
Praying for the IDF soldiers' success, to protect them from any harm, to the healing of all the injured and the return of the kidnapped.
Every crisis is an opportunity for growth, and every failure is an opportunity for future success. For this to happen, the right lessons from the crisis and failure must be drawn first and foremost – without fear and without bias.
The public debate surrounding the establishment of a State Commission of Inquiry into the War of the Iron Swords is ongoing with great intensity and reflects the lack of agreement that exists within the public regarding the format of the investigative body that should be established to investigate the events of the war. There seems to be a public consensus that a State public investigative body, independent and completely objective, must be established, whose main goal will be to investigate the truth, without any cover-up. This body will be required to examine in depth the country's preparations and its security systems for war, the decision-making processes and the functioning of the various systems. It must point out the failures, and also point out what and who saved the country at the outbreak of war when the systems were not prepared, draw lessons, and propose solutions and corrections to prevent the recurrence of the failures, along with providing recommendations on how to improve the functioning of the national systems in the future.
This body will need to investigate in a poignant way the events of the war, its failures and successes – what exactly happened and why, at the tactical and strategic levels, and form a complete picture and not be satisfied with a partial one. However, it must also take an in-depth look into the roots of the events and see what caused them to happen; what were the agendas and concepts that guided the systems and prevented them from seeing the approaching disaster. This body should be equipped with full legal powers and the ability to investigate all the parties involved – from the political and military echelons to the judicial system and the media. It must be able to compel truthful testimony, with significant sanctions against those who give false testimony, and ensure that the conclusions it formulates are applicable, independent, and have the trust of the general public.
Unlike past inquiring committees, which investigated only the military and political echelons, some are demanding that this body also examine issues such as the media's influence on what happened. Among other things, whether the media in its coverage contributed to creating an image of internal discord and weakness in the eyes of our enemies. It is also necessary to examine the contribution of public protests to undermining national cohesion, and to what extent the protests affected the country's decision-making capacity. In addition, it is necessary to examine, in light of materials collected from Hamas’ tunnels, how they influenced Hamas' decision to attack at this time.
However, there is disagreement about the composition of this body, who will choose it, and who will head it.
Some express doubts about an investigative body in the form of a state commission of inquiry headed by a Supreme Court judge, due to their feeling that the Supreme Court judges reflect a particular political approach and take sides, as is reflected in their rulings. Moreover, some believe that this body should also examine the functioning of the judicial system itself, especially regarding decisions that may have limited the actions of the defense system, created a climate of hesitation, or contributed to the public instability that led to the war.
In order for such a commission of inquiry to succeed in its mission and its conclusions to gain the trust of the majority of the public, it must meet several essential criteria. First, its composition will need to be agreed upon (either by agreement – a coalition opposition, by a majority vote in the Knesset, or by a referendum). The composition of the committee must include experts with experience in the relevant fields, such as security, law, society, and communications. Second, it must be politically and professionally balanced, so that its objectivity cannot be questioned. Likewise, the committee must be guaranteed unlimited access to all the information it requires, including secret and sensitive information, both from the IDF and its enemies, in order to ensure a comprehensive and reliable investigation. Its work must be as transparent as possible, with interim conclusions published to the public.
If all this happens, there is certainly a chance that the great crisis we have experienced in the past year will be the beginning of a growth process, and the failure will become a lever for great success with G’d's help in the future.
During Chanukah we celebrate the victory of the Hasmoneans, but also remember that in the end, their kingdom failed and fell. The Ramban examines the root of their failure in a kind of historical-spiritual investigation:
וְזֶה הָיָה עֹנֶשׁ הַחַשְׁמוֹנָאִים, שֶׁמָּלְכוּ בְּבַיִת שֵׁנִי, כִּי הָיוּ חֲסִידֵי עֶלְיוֹן, וְאִלְמָלֵא הֵם נִשְׁתַּכְּחוּ הַתּוֹרָה וְהַמִּצְוֹת מִיִּשְׂרָאֵל, וְאַף עַל פִּי כֵן נֶעֶנְשׁוּ עֹנֶשׁ גָּדוֹל... אֶלָּא בַּעֲבוּר זֶה שֶׁמָּלְכוּ וְלֹא הָיוּ מִזֶּרַע יְהוּדָה וּמִבֵּית דָּוִד, וְהֵסִירוּ הַשֵּׁבֶט וְהַמְּחוֹקֵק לְגַמְרֵי, וְהָיָה עוֹנְשָׁם מִדָּה כְּנֶגֶד מִדָּה, שֶׁהִמְשִׁיל הַקָּדוֹשׁ בָּרוּךְ הוּא עֲלֵיהֶם אֶת עַבְדֵיהֶם וְהֵם הִכְרִיתוּם.
“This was also the reason for the punishment of the Hasmoneans, who reigned during the Second Temple. They were saints of the Highest, without whom the learning of Torah and the observance of Commandments would have been forgotten in Israel, and despite this, they suffered such great punishment… they ruled even though they were not of the seed of Judah and of the house of David, and thus they completely removed “the sceptre” and “the lawgiver” from Judah. And their punishment was measure for measure, as the Holy One, blessed be He, caused their slaves to rule over them, and it is they who destroyed them”. (Ramban Bereshit 49:10)
After the establishment of the leadership, they had to transfer the kingdom to the tribe of Judah, according to the commandments of the Torah.
There are many cases in the Torah with drawing lessons from failures, and corrections that turned failure into growth and success. In our Parasha, Yosef is estranged from his brothers and commanded to take one of his brothers as a hostage to bring Binyamin to him:
אִם כֵּנִים אַתֶּם אֲחִיכֶם אֶחָד יֵאָסֵר בְּבֵית מִשְׁמַרְכֶם וְאַתֶּם לְכוּ הָבִיאוּ שֶׁבֶר רַעֲבוֹן בָּתֵּיכֶם. וְאֶת אֲחִיכֶם הַקָּטֹן תָּבִיאוּ אֵלַי וְיֵאָמְנוּ דִבְרֵיכֶם וְלֹא תָמוּתוּ וַיַּעֲשׂוּ כֵן.
“If you are honest, let one of your brothers be imprisoned in the guardhouse, and, you, go and bring grain for your family's hunger. But your youngest brother, bring to me, that your words will be verified, and you shall not die. They did so.” (Bereshit 42:19-20)
As a response, the Scripture mentions the brothers' ‘Cheshbon Nefesh’ - introspection and self-improvement:
וַיֹּאמְרוּ אִישׁ אֶל אָחִיו אֲבָל אֲשֵׁמִים אֲנַחְנוּ עַל אָחִינוּ אֲשֶׁר רָאִינוּ צָרַת נַפְשׁוֹ בְּהִתְחַנְנוֹ אֵלֵינוּ וְלֹא שָׁמָעְנוּ עַל כֵּן בָּאָה אֵלֵינוּ הַצָּרָה הַזֹּאת
“They said one to another, "Indeed we are guilty concerning our brother, for we saw his soul's distress when he begged us for mercy, and we did not listen. Therefore, this distress has come upon us!” (Bereshit 42:21)
The Midrash says about this:
שֶׁהָיוּ מְפַשְׁפְּשִׁים בְּעַצְמָם לָמָּה אֵרַע לָהֶם תְּפִיסַת מִצְרַיִם וְלֹא מָצְאוּ אֶלָּא זֶה בִּלְבָד
“They were engaged in self-reflection as to why their detention in Egypt befell them but found only this”. (Bamidbar Rabbah 13:18) The brothers immediately learned the lesson; they corrected their conduct by their devotion to Binyamin in the following Parasha.
נַחְפְּשָׂה דְרָכֵינוּ וְנַחְקֹרָה..
“Let us search our ways and examine…” (Lamentations 3:40).