Righting American Wrongs: EJI Community Remembrance Projects as a Form of Teshuva
When Jewish people do teshuva, we react to a situation that has passed and think forward to the future. We apologize for things that we did and hope not to do again; we seek justice and assurance after harm has been done to us. Maimonides’ Hilchot Teshuva describes specific steps for how and when to address wrongdoing after the fact. Less clear is how one should respond to situations that, despite transforming over time, are ongoing. How would one do teshuva for an act in which they continue to participate of from which they continue to benefit? Should one do teshuva for an act from which they benefit but in which they did not actually participate?
From the other side, how can a person forgive somebody before they have received apology or compensation? Can a person even render forgiveness on another’s behalf, or if they are still being victimized on some level? Further, how does one address reverberating harms even when the perpetrators and victims alike may no longer be alive? These, and countless others, are questions with which one must wrestle to address the long and enduring history of racial injustice and inequality in the United States. Though they do not use the words and concepts, the Equal Justice Initiative engages these questions and the spirit of (albeit complex) teshuva through their work.
The Equal Justice Initiative (EJI) was founded in 1989 by Bryan Stevenson, whose life and work are represented in the 2019 film, Just Mercy, based off of his 2014 memoir of the same name. The story follows Stevenson in his early career as a lawyer as he works, and ultimately succeeds, to overturn the wrongful conviction and death sentence for Walter McMillian. This type of work is what EJI was founded for. In their own words, EJI “…provides legal representation to people who have been illegally convicted, unfairly sentenced, or abused in state jails and prisons. We challenge the death penalty and excessive punishment, and we provide re-entry assistance to formerly incarcerated people.”[1] EJI also publishes studies, including a groundbreaking 2015 report on the lynching of thousands of African Americans in the American South. The report not only uncovered the crimes themselves, but also provided important insight into the long-term effects of racialized violence on the African American community.
That insight and understanding informs and animates another main sector of EJI’s work: the Community Remembrance Project. EJI seeks to address the legacy of racial violence and injustice by offering communities the chance at reconciliation with past harms by engaging in a variety of historical legacy projects. Foundational to this work is the belief in the criticality of communities grappling with their own history and the way that the past continues to shape the present, as they state on their site: “We believe that understanding the era of racial terror is critical if we are to confront its legacies in the challenges that we currently face from mass incarceration, excessive punishment, unjustified police violence and the presumption of guilt and dangerousness that burdens many people of color.” [2]
So how does the Community Remembrance Project work? There are multiple ways in which a community can participate in the Project, each of which contains multiple steps which require involvement from multiple levels of stakeholders. The first step in any initiative is an “Intentional Community Assessment” through which several questions are considered, including: “what similar initiatives are taking place,” and “has the legacy of racial terror been acknowledged in our community within the last decade?” Once those questions are answered, committees are encouraged to consider the history of the communities, the legacy, and why the current moment is right to discuss it. Through this process, communities decide on what form their project will take. The options are diverse and range from reflective gatherings, panel discussions, and film screenings to local historical exhibits and the erection of permanent narrative historical markers. [3]
But does a discussion or a memorial constitute teshuva? The crux of EJI’s work is to learn about and from past injustice in order to commit to and enact change. I believe this form of learning and growth, combined with reconciliation, is spiritually and practically aligned with our understanding of teshuva, even though the question of whether we can we do teshuva on behalf of somebody else still lingers.
It seems obvious that the Community Remembrance Project does not, nor can it, directly follow the method of teshuva laid out by Maimonides. Not only are the victims of slavery and of lynching no longer living, but the slavers and vast majority of vigilantes who perpetrated racial terror have also died. That does not preclude the work EJI does from being true to the spirit of teshuva, or even directly applicable under some of the various halachot on which Maimonides expounds. Though the individuals who are responsible for initiating and carrying out these community projects are much more likely descendants of perpetrators and victims, I will explain my case working off of the assumption that these individuals have taken the responsibility for reconciliation and progress unto themselves and will consider how their actions do relate to the Rambam’s teshuva.
The early stages of community remembrance projects and the first required step towards teshuva are intertwined. Through the process of learning, communities are enabled to overcome silence. This is aligned with what we know about teshuva; the first step is acknowledging what occurred out loud. The process and source for verbal confession are appropriately introduced in the first halacha of Hilchot Teshuva.
כָּל מִצְוֹת שֶׁבַּתּוֹרָה בֵּין עֲשֵׂה בֵּין לֹא תַּעֲשֶׂה אִם עָבַר אָדָם עַל אַחַת מֵהֶן בֵּין בְּזָדוֹן בֵּין בִּשְׁגָגָה כְּשֶׁיַּעֲשֶׂה תְּשׁוּבָה וְיָשׁוּב מֵחֶטְאוֹ חַיָּב לְהִתְוַדּוֹת לִפְנֵי הָאֵל בָּרוּךְ הוּא שֶׁנֶּאֱמַר (במדבר ה ו) "אִישׁ אוֹ אִשָּׁה כִּי יַעֲשׂוּ" וְגוֹ' (במדבר ה ז) "וְהִתְוַדּוּ אֶת חַטָּאתָם אֲשֶׁר עָשׂוּ" זֶה וִדּוּי דְּבָרִים. וִדּוּי זֶה מִצְוַת עֲשֵׂה וגו׳...
If a person transgresses any of the mitzvot of the Torah, whether a positive command or a negative command - whether willingly or inadvertently - when he repents, and returns from his sin, he must confess before God, blessed be He, as [Numbers 5:6-7] states: "If a man or a woman commit any of the sins of man... they must confess the sin that they committed." This refers to a verbal confession. This confession is a positive command.[4]
The text continues, clarifying the basic formula for confession:
כֵּיצַד מִתְוַדִּין. אוֹמֵר אָנָּא הַשֵּׁם חָטָאתִי עָוִיתִי פָּשַׁעְתִּי לְפָנֶיךָ וְעָשִׂיתִי כָּךְ וְכָךְ וַהֲרֵי נִחַמְתִּי וּבֹשְׁתִּי בְּמַעֲשַׂי וּלְעוֹלָם אֵינִי חוֹזֵר לְדָבָר זֶה.
How does one confess: He states: "I implore You, God, I sinned, I transgressed, I committed iniquity before You by doing the following. Behold, I regret and am embarrassed for my deeds. I promise never to return to this act again."
This halacha is connected to the Community Remembrance Project both through the surface level idea of confession or reporting and the deeper conditions necessary to enact the first part of teshuva. Before one can confess, whether the transgression was intentional or accidental, one must be aware of the transgression. As such, before the specific form of any project is finalized or established, committees must engage in a learning process, gaining deep knowledge about their local history and its connections to broader racial dynamics, and the legacy of the harm on their community. Once they collect the information, it becomes possible to choose the most appropriate and effective plan to communicate their findings to the public. The chosen project may even contain multiple forms of expression and exhibition, which is also supported by the halacha, which states clearly that one who elaborates in their confession is praiseworthy.
The third halacha in the first chapter also speaks (though indirectly) to this issue of memorialization rather than true confession as part of teshuva.
בַּזְּמַן הַזֶּה שֶׁאֵין בֵּית הַמִּקְדָּשׁ קַיָּם וְאֵין לָנוּ מִזְבַּח כַּפָּרָה אֵין שָׁם אֶלָּא תְּשׁוּבָה.
At present, when the Temple does not exist and there is no altar of atonement, there remains nothing else aside from Teshuvah.
Although teshuva was allegedly also a part of temple life, the effect of Maimonides’ point here indicates that a community can adapt their customs based on the available resources. Memorials, exhibits, conversations, and group effort towards lasting change are the tools that are available to many of the counties to seek reconciliation. This work does not mirror the halacha but exists in the spirit of seeking forgiveness through holy means.
The issue of confession is further discussed throughout Hilchot Teshuva, though the consequence found in the fifth halacha of the second chapter seems directly applicable to goal of the Community Remembrance Project in preventing future harms.
וְכָל הַמִּתְגָּאֶה וְאֵינוֹ מוֹדִיעַ אֶלָּא מְכַסֶּה פְּשָׁעָיו אֵין תְּשׁוּבָתוֹ גְּמוּרָה שֶׁנֶּאֱמַר ׳׳מְכַסֶּה פְשָׁעָיו לֹא יַצְלִיחַ.׳׳ בַּמֶּה דְּבָרִים אֲמוּרִים בַּעֲבֵרוֹת שֶׁבֵּין אָדָם לַחֲבֵרוֹ...
Anyone who, out of pride, conceals his sins and does not reveal them will not achieve complete repentance as [Proverbs 28:13] states: "He who conceals his sins will not succeed." When does the above apply? In regard to sins between man and man.
Though the halacha specifically cites pride as the reason one might conceal transgressions, one could expand it to include other self-centering reasons. Communities who engage in remembrance projects may be reluctant to expose the past for any number of reasons. EJI and the Rambam seem to agree that by not disclosing the sins of the past, full teshuva or reconciliation would be impossible. Further, this halacha is relevant because of the specificity of the parties involved with the sin; transgressions between human beings describes the essential nature of the historical legacy of racial injustice and violence.
The opening of chapter two also speaks to EJI’s greater goal of reconciliation and repair. In the first halacha, Maimonides defines his concept of complete teshuva.
אֵי זוֹ הִיא תְּשׁוּבָה גְּמוּרָה. זֶה שֶׁבָּא לְיָדוֹ דָּבָר שֶׁעָבַר בּוֹ וְאֶפְשָׁר בְּיָדוֹ לַעֲשׂוֹתוֹ וּפֵרַשׁ וְלֹא עָשָׂה מִפְּנֵי הַתְּשׁוּבָה. לֹא מִיִּרְאָה וְלֹא מִכִּשְׁלוֹן כֹּחַ.
[Who has reached] complete Teshuvah? A person who confronts the same situation in which he sinned when he has the potential to commit [the sin again], and, nevertheless, abstains and does not commit it because of his Teshuvah alone and not because of fear or a lack of strength.
The Community Remembrance Project can be understood as an attempt to bring American society (or at least local communities) to a state of complete teshuva for the injustices of the past. It would not be difficult to argue that the United States has not yet reached this level. It is unlikely (hopefully) that we ever returned to the political realities of the past that allowed racism and injustice to be easily and clearly codified into law, meaning that as a nation we will not return to the exact situations in which transgressions were committed in the past. However, the unfair conditions that do exist directly derive from the past, and so even confrontation with new situations gives one the opportunity to demonstrate complete teshuva. To make choices in contemporary situations may be even more powerful for society, given the distance between direct perpetrators and victims and the folks doing reconciliation work today.
The fact that so many victims and perpetrators are long since passed also may not preclude community remembrance projects from being affective forms of teshuva. The 11th halacha of the second chapter explains what a person should do when the person they harmed has died.
הַחוֹטֵא לַחֲבֵרוֹ וּמֵת חֲבֵרוֹ קֹדֶם שֶׁיְּבַקֵּשׁ מְחִילָה מֵבִיא עֲשָׂרָה בְּנֵי אָדָם וּמַעֲמִידָן עַל קִבְרוֹ וְיֹאמַר בִּפְנֵיהֶם חָטָאתִי לַה' אֱלֹהֵי יִשְׂרָאֵל וְלִפְלוֹנִי זֶה שֶׁכָּךְ וְכָךְ עָשִׂיתִי לוֹ. וְאִם הָיָה חַיָּב לוֹ מָמוֹן יַחֲזִירוֹ לַיּוֹרְשִׁים. לֹא הָיָה יוֹדֵעַ לוֹ יוֹרְשִׁין יַנִּיחֶנּוּ בְּבֵית דִּין וְיִתְוַדֶּה:
If a person wronged a colleague and the latter died before he could ask him for forgiveness, he should take ten people and say the following while they are standing before the colleague's grave: "I sinned against God, the Lord of Israel, and against this person by doing the following to him...." If he owed him money, he should return it to his heirs. If he is unaware of the identity of his heirs, he should place [the sum] in [the hands of] the court and confess.[5]
Though the person described in the halacha is the one who committed the transgression, the basic elements of the halacha that we must focus on are those related to the position of the victim. One might interpret the Rambam’s idea as explicitly defining the rights of the deceased and their descendants to apology and restitution. This means that the victims of racial terror and injustice, from slavery onward, deserve to receive apologies and restitution (or reparations, which the EJI also supports).
The factor that complicates the application of this halacha is whether the descendants of perpetrators, or even residents of communities who benefit from the legacy effects of structural racism, can faithfully deliver apologies. Elsewhere in Hilchot Teshuva, it is repeated numerous times that one must confess and make teshuva before one dies, even if it is at the last minute! One could also make this inference based on other texts, including halachic discussions regarding requirements for mourning the deceased based on the status of the decedent’s teshuva before they passed.[6] Thus, I do not believe that one could make the case for an apology on behalf of a deceased sinner to count as confession or teshuva for the deceased. However, I do not think that a lack of effectiveness of teshuva for the one who transgressed has bearing on the rights of the wronged to receive justice.
The rights of the descendants of victims to restitution should not hinge upon the status of the perpetrator, who might withhold reconciliation by dying, but rather by the individuals and communities that self-select as proxy for the transgressor. For this there is some precedent, whereas the third and seventh chapters of Hilchot Teshuva both contain references to the sins of nations and the world and offers opportunities for teshuva on both accounts.[7] If entire nations can be ruled as sinful, it would seem reasonable for communities involved with the EJI and Community Remembrance Projects to take responsibility for sins committed by their citizens.
The first halacha in chapter seven can also be understood to be supportive of the idea and spirit behind Community Remembrance Project efforts.
הוֹאִיל וּרְשׁוּת כָּל אָדָם נְתוּנָה לוֹ כְּמוֹ שֶׁבֵּאַרְנוּ יִשְׁתַּדֵּל אָדָם לַעֲשׂוֹת תְּשׁוּבָה וּלְהִתְוַדּוֹת בְּפִיו מֵחֲטָאָיו וְלִנְעֹר כַּפָּיו מֵחֲטָאָיו כְּדֵי שֶׁיָּמוּת וְהוּא בַּעַל תְּשׁוּבָה וְיִזְכֶּה לְחַיֵּי הָעוֹלָם הַבָּא:
Since free choice is granted to all men as explained, a person should always strive to do Teshuvah and to confess verbally for his sins, striving to cleanse his hands from sin in order that he may die as a Baal-Teshuvah and merit the life of the world to come.
If we accept that people have free will and ought to strive for teshuva and confession, then we might even think that exploring, exhibiting, and mitigating the effects of past harms should be encouraged (if not celebrated). One could also make the connection between striving towards teshuva and the concept of righteous or wicked communities, which further strengthens the correlation of Community Remembrance Projects with teshuva.
In the third halacha of the seventh chapter, one finds another clear and important correlation between the harms that EJI’s Projects are meant to address, and the Rambam’s ideas about teshuva. The systemic racism which EJI hopes to correct involves both sins of deed and also of national character.
אַל תֹּאמַר שֶׁאֵין תְּשׁוּבָה אֶלָּא מֵעֲבֵרוֹת שֶׁיֵּשׁ בָּהֶן מַעֲשֶׂה כְּגוֹן זְנוּת וְגֵזֶל וּגְנֵבָה. אֶלָּא כְּשֵׁם שֶׁצָּרִיךְ אָדָם לָשׁוּב מֵאֵלּוּ כָּךְ הוּא צָרִיךְ לְחַפֵּשׂ בְּדֵעוֹת רָעוֹת שֶׁיֵּשׁ לוֹ וְלָשׁוּב מִן הַכַּעַס וּמִן הָאֵיבָה וּמִן הַקִּנְאָה וּמִן הַהִתּוּל וּמֵרְדִיפַת הַמָּמוֹן וְהַכָּבוֹד וּמֵרְדִיפַת הַמַּאֲכָלוֹת וְכַיּוֹצֵא בָּהֶן מִן הַכּל צָרִיךְ לַחֲזֹר בִּתְשׁוּבָה. וְאֵלּוּ הָעֲוֹנוֹת קָשִׁים מֵאוֹתָן שֶׁיֵּשׁ בָּהֶן מַעֲשֶׂה שֶׁבִּזְמַן שֶׁאָדָם נִשְׁקָע בְּאֵלּוּ קָשֶׁה הוּא לִפְרשׁ מֵהֶם. וְכֵן הוּא אוֹמֵר ׳׳יַעֲזֹב רָשָׁע׳׳ וְגוֹ:
A person should not think that repentance is only necessary for those sins that involve deed such as promiscuity, robbery, or theft. Rather, just as a person is obligated to repent from these, similarly, he must search after the evil character traits he has. He must repent from anger, hatred, envy, frivolity, the pursuit of money and honor, the pursuit of gluttony, and the like. He must repent for all [of the above]. These sins are more difficult than those that involve deed. If a person is attached to these, it is more difficult for him to separate himself. In this context, [Isaiah 55:7] exhorts: "May the wicked abandon his path and the crooked man, his designs."
Hatred and anger are some of the primary source factors of the violence and injustice that continue to this day, and they born as the results in turn. Maimonides understood and remarked upon how difficult it can be for a person to detach oneself from these feelings and the transgressions they sow. How much more difficult, then, is it to separate these out of systems of government or the collective social consciousness? The work of the Community Remembrance Project seeks to directly address these intangible sins through their pursuit of reconciliation through knowledge and expression.
Beyond the practical correlations between these Projects and the rest of EJI’s multifaceted work, there is also an ideological connection based in the second halacha of the 10th and final chapter of Hilchot Teshuva. Though Maimonides was speaking most specifically about service to God through fulfillment of mitzvot and Torah study, its context connects it with teshuva.
הָעוֹבֵד מֵאַהֲבָה עוֹסֵק בַּתּוֹרָה וּבַמִּצְוֹת וְהוֹלֵךְ בִּנְתִיבוֹת הַחָכְמָה לֹא מִפְּנֵי דָּבָר בָּעוֹלָם וְלֹא מִפְּנֵי יִרְאַת הָרָעָה וְלֹא כְּדֵי לִירַשׁ הַטּוֹבָה אֶלָּא עוֹשֶׂה הָאֱמֶת מִפְּנֵי שֶׁהוּא אֱמֶת וְסוֹף הַטּוֹבָה לָבוֹא בִּגְלָלָהּ.
One who serves [God] out of love occupies himself in the Torah and the mitzvot and walks in the paths of wisdom for no ulterior motive: not because of fear that evil will occur, nor in order to acquire benefit. Rather, he does what is true because it is true, and ultimately, good will come because of it.
When communities initiate and carry out a remembrance project, the primary act is truth telling. God willing, the result is goodness (in the form of reconciliation and equality).
Despite the good outcomes and correlation with several halachot, one could not faithfully refer to EJI’s Community Remembrance Project as a true form of Maimonidean teshuva. This may be because the complex needs of the communities they serve and operate within are not contained within the boundaries of Maimonides’ system. Had he been aware of the horrors of American slavery and the legacy of racial violence, injustice, and inequality, one could imagine the Rambam might have considered a way to address these wrongs. Even though he did not, we can still ensure that his ideas remain relevant and are applied wherever possible for reconciliation and the pursuit of justice.
Footnotes
https://eji.org/about/
https://eji.org/projects/community-remembrance-project/
https://simplebooklet.com/crpcatalog#page=1
Translations from Sefaria.org
Hilchot Teshuva 2:1, 3:3, 3:14
Kitzur Shulchan Aruch 201:6
Hilchot Teshuva 3:1, 3:3, 7:5
Non- Jewish Text Bibliography
“Equal Justice Initiative.” N.d. Equal Justice Initiative. http://eji.org
