Akeidat Yitzchak

Sefaria · Jewish Thought > Rishonim · 1,212 sections

_.84.1.10
(1) We have explained in chapter eighty two that the Midianites actually felt more threatened by Israel than the Moabites, since they had not been assured of physical or economic immunity, seeing that G'd had forbidden Israel to harm Moab. G'd had not imposed such strictures concerning Midian (Deut 2, 18-19) This is why the Midianites tried to cause the downfall of Israel through their committing immoral, licentious sexual unions. When this had failed, they planned other actions just as the Ammonites had done. (Samuel I 10,6) who hired mercenaries to attack Israel. Secondly, since their princess Kosbi had been killed by Pinchas, they had reason to plan revenge. G'd revealed their plan to Moses; this is why the Torah writes "they are about to oppress you, to beguile you with their wiles, just as they have beguiled you at Baal Peor."
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(2) Midrash Rabbah Numbers 21, explains that whoever treats the Midianites with mercy, will only wind up being abused by them, as happened to David, when the latter sent messengers to express his condolences at the death of their King Nachash. (ibid). (3) Apparently, G'd had not commanded an immediate campaign, rather at that point the injunction was not to befriend them or make peaceful overtures to them, al tatzor, means "do not besiege." Here too, only encirclement was the order of the day. Meanwhile the Jewish people were to be counted following the plague that had killed twenty four thousand of them. After that came the problem of the daughters of Tzelofchod and all that was entailed in that. The moral niveau of the Jewish people had not yet recovered to the point where they could have looked forward to a successful defence in the event of a Midianite attack. For that reason, G'ds advice was that they should stage a surprise attack, which would likely result in victory based on normal military considerations not involving hashgachah peratit, Divine intervention. The reason the campaign is referred to well in advance of its actual execution, is to include it with the report about the campaigns against Sichon and Og, which had been fought successfully by men who were morally entitled to wage war. The people were to appreciate that the men chosen for this campaign had to be such as would qualify on a moral basis. The report about distribution of the land of Israel to the men over twenty, plus those who had come out of Egypt, is, as Rashi says, to show that the dead inherited the living. In this way, both the people to be counted at this time as well as the ones who had left Egypt, would jointly share in inheriting the land. (4) Since the count of the warriors was to include only those who were free from sin, and who therefore qualified for entry into the land, Moses considered himself excluded. This is why he did not lead Israel into battle, personally. He had thought that this was a battle in which Joshua had to assume command, until G'd later repeated to him- after the section about the sacrifices and vows, "take revenge for Israel from the Midianites; after that you will die!" The emphasis in that verse is on the fact that he would die only after that had been accomplished, not prior to it. Moses, who had construed the meaning of the word tzaror as an infinitive, not as a directive, delegated Pinchas, who, since he had commenced the mitzvah was to be allowed to complete it. (5) G'd may not have commanded the females to be killed in order to give Moses a chance to still have a major share in carrying out that mitzvah personally. Moses was quite right in chiding the troops who allowed the very people to survive that had caused the plague to happen, and who already had the death of twenty four thousand Israelites on their conscience. Moses had not given such a command before, since he had taken it for granted that this part of the Midianite population would be killed by his warriors. He is not reported as including Pinchas in this reprimand, out of respect for the latter. On the other hand, Pinchas had not wanted to issue such instructions which, if wrong, could not have been corrected at a later date. The reason we have specific instructions for the temey-ey meytim, those who had defiled themselves through contact with corpses, and who have to remain apart from the main body of the people is, that this time only twelve thousand people were involved. Previously, when the whole army had been involved fighting Sichon or Og, and everyone had become defiled through contact with the dead, a separation would not have accomplished anything. Therefore, the legislation about ritual purification of vessels formerly owned by gentiles is in place here. (6+7) The repeated emphasis on the amount of the loot was to remind the people of the extent of the victory, coupled with the fact that they had not suffered any casualties at all. By dividing the loot into 5o% for those who had stayed behind in the camp, and appropriating 1/5ooth from the combatants, the temple treasury would in fact receive one tenth of one percent from the total loot, and the numbers would automatically be equal to the number of thousands listed for all the animals captured etc. The half was recorded to let us know the amount of the 10 per cent that Eleazar was entitled to as a tithe. Altogether, detailing the quantities which twelve thousand men had captured from a nation led by five kings, would remind the people of the impressive nature of their victory.
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(daughters of Tzelofchod) (1+2) It is understandable that when after the census the Torah says "to these the land shall be distributed," the daughters of Tzelofchod thought that only men were meant. After all, only men had been counted. Since they were clever, they employed whatever argument they could muster against what they were afraid would happen. One of the strongest arguments they marshalled was "our father died in the desert," i.e. after the division for the yotzey mitz- rayim, the menfolk who had been part of the Exodus had already been determined. (4) Therefore, they reasoned, he had possessed a share in the land. When the decree of the spies occurred, condemning that generation to die in the desert, it had also been stated "and your children concerning whom you have said they will become booty...to them I will give the land." The daughters of Tzelofchod reasoned that anyone included in the term "your children" was also included in the second half of the sentence which promised these children the inheritance of the promised land. Since Tzelofchod had not belonged to the fellow travellers of Korach, but died in a normal fashion, he did not need to lose his inheritance. Alternately, if they as daughters could not fulfil the function of the male heirs, then at least their mother should be permitted to be remarried and have children from a levirate union. Possibly, the final nun written in extra large script, indicates that Moses not being too familiar with the rules of inheritance, wanted to know from G'd if this case rated special legislation. (27,5, tells us of Moses submitting their law suit to G'd) (3) An important detail in the legislation that had not escaped the daughters of Tzelofchod, was the line "to these the land will be shared out for inheritance in accordance with the number of names." (26,53) Later on, (26,54) we read "to the names of the tribes of their fathers." In view of this, we find that the Torah was certainly not amended for the sake of these girls, but that they had been astute enough to recognise a nuance which Moses had not yet noticed. When Onkelos renders verse 46 "and the daughter of Asher was Zerach," as "the daughter of Asher's wife was Zerach," he may have done so in order to explain why Zerach did not inherit land in Eretz Yisrael. She was not a direct descendant of someone who had established a claim by being one of the adults leaving Egypt. The daughters of Tzelofchod had their case mentioned simply in the wider context of the laws of inheritance. Zerach, on the other hand, is mentioned by name merely because she had still been alive after all this time.
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(5) The instruction to ascend Mount Avarim was not meant to be carried out immediately, neither was Moses to die immediately. Rather, G'd announced His plan at this point to enable Moses to make arrangements for his succession and to make supplication to G'd concerning the decree. G'd wanted Moses' successor to have been chosen with his complete approval. (6) Moses appeals to G'd in His capacity as providing man with the spirit that makes him successful in managing his life. He prays for a leader who not only commands authority, but who also acts as a true shepherd of his flock. The first "he will lead them out and bring them back," refers to his authority, the second similar statement to the shepherd like manner in which such authority is to be wielded. In addition, G'd tells Moses that the leader will subordinate himself to the religious authority of Eleazar in his capacity as the High Priest. Through him, he will consult with G'd on critical issues. We then read about communal offerings, to remind us of the ultimate purpose of Israel's residence in the holy land. If the conquest of the land was to be used for serving, at the table of G'd, then, and only then could the people be certain to be the recipients of G'ds unlimited bounty.
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On the amount of effort that may be devoted to mundane matters.
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"My food which is presented unto Me for offerings made by fire." "When a man voweth a vow unto the LORD". "Now the children of Reuben and the children of Gad had a very great multitude of cattle".
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Bamidbar Kabbah, 22, quotes Kohelet 10,2, "a wise man's heart is on his right, the fool's on his left." Moses is an example of the first statement, the tribes Reuben Gad and half Menashe, are examples of the fools. The latter had made secondary values their prime concern when they placed more emphasis on the welfare of their property than on the value of their persons. They said to Moses (in this order) "we want to build enclosures for our cattle here, as well as cities for our children." (32,16) Moses said to them: "do not act in this fashion, do the important things first, i.e. build cities for your children; later, construct pens for your sheep and cattle." This is the meaning of "the heart of the wise is on his right side."
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Since G'd in His wisdom saw fit to make man a mixture of matter and spirit, He had to make the earth and the Heavens to provide a home for the spirit. This is expressed in Isaiah 45,12, by the words "I have made earth and Heaven and created man on it." The meaning is that earth and Heaven were needed for the sake of man. We have to conceive of rakiyah, the horizon as the dividing curtain between the purely spiritual "upper" regions, and the "lower" physical part of the universe. That this is so can be confirmed by the motion that we observe in the part of the universe inhabited by our bodies. For this reason Solomon in Kohelet, keeps referring to the state of things as "under the sun." By this he wants us to understand that he speaks only about the physical part of the universe. Since spiritual beings are not subject to time, they are also not subject to motion, since motion is measured by time. Not only are spiritual beings not bound by time, but, on the contrary, time and its "carrier" are subservient to them. Celestial bodies, (sun and planets) are in a category in between. Inasmuch as their very function is motion, they are affected by it; they are, however, not dominated by time. Their motion commenced before a time frame had been established, but ever since such time frames exist, they exist side by side with time. On earth, things are different, as Solomon said: "everything has its time and season under the sun." (Kohelet 3,1) Man is subject to the dictates of time. Israel the nation, assured as it has been by G'd of arichut yamim, a timeless, i.e. infinite future on holy soil however, can demonstrate by its history that there are aspects to its existence which set it above and beyond the limits imposed upon man by time. All this, providing Israel acts as Israel should. When Kohelet refers to eyt lechol chefetz, "there is a time frame for every desire," the reference is to an intellectual achievement. The message is that since we are in a human shell, a body, the workings of the mind are somewhat impeded. If we did not have a body to contend with, our mind would comprehend immediately things which require time for us to be able to understand them now. The body acts as a brake for the intellect.
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Although we have stipulated that both Heaven and earth are essential in the scheme of creation, this does not mean that they are of equal value and importance. Just as a scaffold is essential in the construction of a house, but cannot be considered as of equal value and importance to the house, so the physical universe only facilitates man's ascent to the spiritual universe. Likewise, the task of the Jewish nation is to engage only in those activities of a mundane nature that further achievement of its ultimate destiny. Making worldly matter primary, and spiritual matters secondary, or making worldly matters into an end to themselves, will not lead to the achievement of Israel's purpose in taking possession of the holy land. Apportioning Eretz Yisrael by lottery assures a fair distribution of worldly goods. When one prepares food, the ingredients as well as the correct amount of each ingredient is essential to the production of a pleasing dish. Israel's society failed to preserve this social justice, therefore even the efforts of spiritually minded people could not but result in an abhorrent dish. This, more or less is the meaning of the hyperbole employed by Ezekiel 24, 1-15.
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Since Moses saw in the request of the two and a half tribes an over- emphasis on the secondary values in Jewish life, he remonstrated with them, and reprimanded them. This in turn prompted these tribes to reassure Moses that they would discharge all their obligations as part of the army of the whole nation. Similarly, when we are told in Joshua chapter twenty two, about the two and a half tribes having built an altar on the East Bank of the Jordan, Pinchas immediately levelled suspicions and accusations at them without having enquired into the reason for all this. Even when he has been assured that the altar did not represent an act of rebellion against G'd, or an act of separation from the main body of the Jewish people, Pinchas desists from launching a military campaign against them, but does not apologise to them for unwarranted suspicion. Why is this? Presumably he reasoned that if even Moses in his extreme modesty had felt entitled to accuse the two and a half tribes of unworthy motives, and had upraided them without having waited for explanations, there must have been a negative intent. So Pinchas in this instance was convinced that in the act of building the altar there had been a motivation unworthy of the typical Israelite. One of the main reasons for Moses' justified suspicions is, that in the lengthy conversations between Moses and the tribes, the latter do not once mention the name of G'd. So Moses reasoned that they had to be motivated by one of two reasons. 1) Fear to engage in battle, or 2) Lack of interest and respect for Eretz Yisrael. After Moses' accusations, it appears that the two and a half tribes had held an assembly before acceding to Moses' conditions. It states (32,16) "they approached and said." It seems that they did so only after some deliberation. Even then they do not once refer to G'ds wishes, G'ds protection, G'ds relevance in the whole matter. From the opening line, "do not bother to make us cross this river Jordan," it is clear that their original intention had been not to accompany the main body at all. They attributed their future to their own physical efforts and capabilities, even when referring to the successful invasion of Eretz Yisrael, not a word about G'ds assistance.
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For these reasons, Pinchas, a few years later, had prima facie reason to put a negative interpretation on the significance of the altar, and to commence appropriate action to restore the religious unity of the nation which appeared to have been jeopardised by the action of the two and a half tribes. Close examination of the paragraph reveals that the two and a half tribes agreed to only two of the three terms that were offered to them for retaining the territory east of the Jordan as their homeland. They agreed to go to war with the rest of the nation. Regarding the land of Gilead, they demanded that it become theirs by right, immediately, independent of future performance of their duties. Moses acceded when he gave Machir that piece of land. All this proves that their major concern was a land grab. This gave Moses the right to approach them with suspicion. Pinchas based himself on the same facts, when he suspected the altar was meant to pacify local deities. Since the two and a half tribes lived outside Israel proper, they may have felt less secure, not included in the protective umbrella of G'ds Providence. Although they argued that their altar had not been used for sacrifices, nor had been intended for sacrifices, this did not totally remove Pinchas' and the other tribes' doubts about what its purpose had been intended to be.
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"These are the stages of the children of Israel"
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We read in Midrash Rabbah Deut. 4, that the Rabbis say "there are people who benefit by listening, whereas others lose out by listening." Adam lost out by having listened to his wife, as the Torah says "because you have listened to your wife...you will have to toil in the sweat of your brow,..the earth will be cursed on your account etc.." (Genesis 3,17) On the other hand, Abraham listened to his wife, as is recorded in Genesis 16,6. "Abraham listened to his wife Sarah." The Lord said: "if he who listened to his wife benefitted, how much more will he benefit who listenes to Me." Proverbs 1,33, tells us "he who listens to Me, will dwell securely, not concerned with fear of evil."
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The punishment for an evil deed is in proportion to the amount of wickedness it represents, just as the reward for a good deed is in accordance with the amount of virtue and dedication it represents. Performance of mitzvot is measured by the amount of u-shemartem va-assitem, "observe them and carry them out," that preceded their performance. As Rashi points out, shemirah-mishneh-ve-limud, observance equals study. Only when the good deed is not carried out as the result of a reflex movement, but as a result of study, awareness etc. can it qualify for the term assiyah, action. Spiritual beings are known as ossim, doers, since all their activities are based on study, deliberation. Psalm 103,20, refers to the angels as "the ones who carry out His word by listening to His word." There are many other quotes in this vein. In connection with the akeydah, this has been explained in greater detail. (see chapter 28)
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On the other hand, crimes and sins committed due to ignorance, lack of awareness of the significance of one's actions, bring only minimal retribution to its perpetrator, since the latter is relatively innocent. For this reason the Torah distinguishes between the deed of a shogeg, a person acting inadvertently, and a meyzid, someone acting with deliberation. Major sins must not only be listed in the written part of the Torah, but the penalties for them must be spelled out. Not so in the case of minor infractions. Historically speaking, the Jewish people cannot claim that their sinfulness was due to victimisation by the nations of the world, exposure to wicked environments etc., since the prophet makes the point "I have planted you as a pure and true vine." (Jeremiah 2,21) Israel had Abraham, Isaac and Jacob as their ancestors, they had been equipped with all the environmental advantages it is possible to possess. If, in spite of all this, they have become corrupted, they cannot blame external forces.
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For that reason, and in order to avoid application by G'd of the harshest most painful detergents, Israel is exhorted by the prophet to do penitence. Failing this, removal of the stains on its character by outside forces will leave permanent scars on its body. If, however, Israel will take action herself to wash and cleanse its heart from evil, instead of waiting for the suffering imposed by outside pressures, it will be helped, will experience salvation. Jeremiah 2,21, then discusses repentance due to fear of retribution, whereas chapter four discusses repentance occasioned by love for G'd.
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Since the question of reward and punishment revolves around the consciousness and intent accompanying human actions, the Torah concludes the book of Numbers by detailing the guilt of the involuntary killer, the killer who has failed to excercise due care in a potentially lethal activity. Chapter thirty five details a graduated scenario of human beings being killed due to various degrees of intent. Man listens, i.e. responds in one of two ways. Either he responds to the voice of materialistic instincts to the extent that he becomes deaf to the voice of his teacher, in which case he acts like Adam, causing himself all the curses including mortality itself; or he listens to the voice of reason and intellect, like Abraham. The latter, in spite of his misgivings about what Sarah had demanded, was rewarded because he had conquered his yetzer hara, evil urge, when expelling Hagar and Ishmael. G'd had agreed with Sarah, saying to Abraham "listen to all she tells you." Abraham's situation was the exact opposite of Adam's situation. Superficially, one could reason that both women had wanted to impose their wills on their husbands. Yet there is a subtle difference. Eve, having eaten from the fruit of the tree of knowledge, and having become aware of its impact, wanted to drag Adam down to her level also. Sarah, having shown previously that she did not want Abraham to die without an heir, by giving him Hagar as a wife, had already proved that she had Abraham's best interests at heart. Abraham had not taken Hagar except to have a child by her.
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The list of all the journeys the Jewish people made in the desert, is to illustrate all the goodness they received at the hands of G'd during all those long years. After listing a review of the last forty years, the Torah gives instructions for the future, i.e. to drive out the Canaanites, division of the land by lottery, the reason why former residents must not be tolerated in their midst, i.e. to insure their religious and national purity. Spiritual well being is even more important than the physical amenities the land had to offer. For that reason, G'd is apparently cruel, in insisting that all the survivors of the seven nations in Canaan be killed, i.e. an act of kindness towards Israel. They are warned that survivors would become "pricks in their eyes" (33,55) blinding them concerning their real interests if they would be tolerated. In the book of Judges 2,3, we find details about how toleration of the remnants of the Canaanites spelled trouble for Israel in its homeland for many hundreds of years. After that we read about the laws concerning murder in its varying degrees. In discussing the nuances of awareness by the murderer of the severity of his crime, one point needs special emphasis. Any killer, however innocent, must be aware that the victim would revenge himself, were he but able to do so. For this reason, the relative of the victim can be expected to take the place of the murdered person and execute this revenge. Even the avenger, however, is duty bound to consider the killer's motivation, degree of awareness etc. Therefore, the Torah establishes some objective criteria by describing the weapon that caused the death. If the instrument of death is one that would not normally be used to commit murder, then surely the killer's intent had not been murderous. If bad blood had existed between the victim and the killer, even a harmless looking instrument might have been rigged to become lethal. If, however, neither the instrument of death could be classified as a weapon, nor was there evidence that animosity had existed between the victim and the killer, then no criminal intent is presumed to have existed.
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"THESE ARE the words which Moses spoke unto all Israel"
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Midrash Eychah Rabbati 1, relates in the name of Rabbi Levi: "Three people used the term eychah, Moses, Isaiah and Jeremiah." This could be understood by the following parable. A lady of substance had three intimate friends. One of the friends knew her when she was at the height of her beauty and wealth. The second friend knew her while she was committing all manner of excesses, over indulgence etc. The third friend knew her only when she had already fallen into disgrace. Thus, Moses saw Israel at peace, and at a high level spiritually. Yet he proclaimed "How can I alone carry the burden of your quarrels etc." (Deut 1,12) Isaiah, who knew Israel at a time when she committed all kinds of excesses, proclaimed "how has she become a harlot." (Isaiah 1,21) Jeremiah who knew Israel in disgrace proclaimed: "How lonesome and isolated has she become!" (Lamentations 1,1)
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Peace and harmony are trademarks of G'ds creation and handiwork. Nothing is functional or endures in this universe unless it represents the successful merging of a variety of elements. Death, destruction, and decomposition are the dissolution of this process of harmony, peace and collaboration which enabled any creature or object to perform its function previously. Even the most basic materials are combinations of earth, fire, air and water; according to our sages they are the fundamental raw materials of the physical universe. Isaiah describes the process of disintegration as ya-ef, tired, fatigued, when he describes G'd as "He gives strength to the tired." (Isaiah 40,29) This means that matter as such is imbued by G'd with the potential to become active, form a variety of combinations. Fusing unlikely candidates for mergers such as matter and spirit, i.e. human beings, requires the presence of shalom, harmony, in an even greater degree than usual. If Isaiah (45,7) says of G'd "I form light, create darkness, and make peace," this is an overriding attribute of G'd, since it is basic to all the things He has created. When Zecharyah in chapter fourteen, describes the distant future of mankind, the messianic era, he writes as follows: "The Lord will be king over the whole earth, on that day He will be One and His name will be One." The prophet envisages a period when historical strivings will have achieved their desired objectives. At that time, even creatures that appear at odds with one another in the universe as we know it, will be seen to be at peace with one another and with their Creator. There will no longer be any apparent dichotomies. Kingdom, dominion and unity are essentially the same thing. For that reason, after having recited the opening verse of the keriyat shema, "Hear O Israel the Lord our G'd the Lord is One," this is followed by the line "blessed be His glorious Majesty." Only after there is unity can malchut, Majesty have any real meaning. G'd is portrayed as "making" peace, whereas in the same verse He is described as "creating" evil, ra, evil, is the equivalent of pirud, dissolution, separating things that ought to be joined. Concerning such activity, G'd only "creates," i.e. provides the potential for it. He does not "make" evil. Having made shalom, harmony, He must be the originator of ra, as a corollary, but He does not bring its potential into actual existence.
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Normally, we encounter the word eychah as introducing a lament. The term as described in our opening Midrash as fitting Israel when it was at the height of its glory, on a spiritually lofty plane, is therefore somewhat puzzling.
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"THESE ARE the words which Moses spoke"
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At first glance, it appears that what we read in Deuteronomy is a collection of speeches by Moses, delivered at different times and places during the journeys of the Jewish people in the desert, only reported at this juncture. This is however, not so. All of the speeches delivered were delivered by Moses at the same place shortly before his death. Since Moses concentrates in this book mostly on words of admonition, recalling past mistakes, the book commences with two verses of introduction. These are to indicate the purpose of what is to follow by hinting at it via the names of the places mentioned. Only when mentioning the date and place where all these admonitions were spelled out by Moses, do we come to the text of the book of Deuteronomy itself. Since many of the 613 commandments had not yet been taught to the people, the book states that these were taught after the defeat of Sichon and Og. Following this, Moses launches into his speeches of warning and admonition to his people. He commences by saying that G'd had decreed at Mount Chorev that the people had spent enough time camping around it, and should start their journey onwards. This is the reference in our opening Midrash that Moses saw Israel in its heyday. While Israel camped around Mount Sinai, it experienced its finest hour, everybody was at his moral best, having witnessed the revelation, basking in the proximity of the Divine Presence, the shechinah. There they had received the Torah, i.e. instructions, had been given judges, had built the tabernacle and were thoroughly prepared to face what the future would hold for them. In verse eight, Moses proclaims "see I have given the land before you," and now you are morally qualified to conquer it. Moses continued saying that they had become so numerous, and he prayed to G'd that they should continue to multiply so that a single human being as their leader would not suffice. For that reason he had decided to appoint assistants who would share in the role of leadership of the people. Since the people agreed to this proposal, a total of seventy eight thousand six hundred assistants of varying degrees of authority were appointed. All of those assistants received instructions from Moses as to how to carry out their tasks as judges. (verses 9-18) Up to that point, all efforts had been directed towards ensuring a state of shalom, harmony. This is why the Midrash uses the terminology "Moses saw them beshalvatam, when they enjoyed peace and harmony. From verse nineteen on, we hear reports of Israel behaving improperly, corruptly. The problems started as soon as they moved away from Mount Chorev, the mountain of G'd. Although they had journeyed a distance of only eleven days from the Mount, they already developed reservations about carrying out G'ds command to commence taking over the land of Canaan. These reservations were verbalised by the request to send spies to investigate the land of Canaan. Israel displayed lamentable lack of faith in G'd. In Numbers 14,34, G'd tells the generation of the spies "your children will have to carry the burden of your harlotry." Throughout the Bible, we find idol worship described as harlotry, Israel being viewed as G'ds wife who had gone astray. So, Moses, experiencing this stage of behaviour of the Jewish people, had also become witness to the dissolute conduct of the Jewish people that the prophet Isaiah talks about in his opening chapter. Verse thirty four introduces the third kind of eychah, the one Jeremiah had described in Lamentations, when he bewails the decimation of the Jewish nation. The decree by G'd that a whole generation had to die in the desert, is equivalent to the later churban, destruction that Moses had to experience already in his own time. When Israel, subsequent to this decree proceeded to attack the Cannanite despite having been warned by Moses not to do so, and they were beaten off and pursued some distance, Moses witnessed the disintegration of the forces of shalom, harmony that had been forged at Sinai. The nineteen years that Israel spent encamped at Kadesh, may have been years of weeping for the golden opportunity that had been missed by that generation. If Jeremiah says "I am weeping, as I have wept," he may well refer to the weeping at the time of the spies. G'd had said at that time, that because they had wept about their fate without justification, there would come a time when they would have ample justification to weep for the fate that would then befall them. After the long years in Kadesh, when G'd gave the command to resume their travels, (2,3) this may well have signalled the end of the lengthy period of penitence. By that time, half the people were men of the new generation, and forward motion was again in order. Nevertheless, G'd makes sure that they first march around the territory of such nations as Ammon, Moab and Edom, against whom no war is to be waged. In G'ds wisdom, the very fact that no wars were fought against those nations, provided the cause for the successful conquest of Canaan, since it gave Sichon the pretext for adopting a hostile posture when Israel asked to traverse his country.
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"And I sent messengers" etc.
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Talmud Makkot 24, tells the following stories. Once Rabbis Gamliel, Joshua, Eleazar ben Azzaryah and Akiva were travelling together. While still a hundred kilometers from Antipatris, they heard the sound of the multitudes from that city. The first three Rabbis began to weep, whereas Rabbi Akiva began to laugh. When the three Rabbis asked Rabbi Akiva why he was laughing, he asked them the reason they had begun to cry. They said "when the pagans who worship idols live in peace and affluence, and the holy temple of the Lord lies in ruins, should we not cry? Another time, the same four Rabbis were on their way to Jerusalem when they saw a fox darting out of the ruins on the Temple Mount. Again the other Rabbis began to weep, whereas Rabbi Akiva began to laugh. When the Rabbis asked Rabbi Akiva why he was laughing, he responded by asking them why they were crying. They said to him that it says in the Torah that any alien, (non priest) who enters the holy precincts of the temple will be executed, and now this site has become the home of foxes and we should not cry? Rabbi Akiva said to them that this was the very reason he laughed. It is written in Isaiah 8,2 "I will have two reliable witnesses testify for you, Uriah the priest and Zachariah the son of Berechyah." How can these two people be paired as witnesses? The first one lived during the period of the first temple, whereas Zachariah lived during the period of the second temple. What is meant is that the prophecies of Zachariah are just as trustworthy as those of Uriah. Concerning Uriah it is written: "on your account Zion will be ploughed over and Jerusalem will become a heap of rubble" (Michah 3,12) In Zachariah 8,4, it is written "Old people will yet dwell in the streets of Jerusalem." As long as I had not seen the prophecy in Michah fulfilled, I entertained some doubts about the prophecy in Zachariah concerning the rebuilding of Zion. Now that I have seen the first prophecy fulfilled, I am reassured about the validity of the second prophecy also. Upon hearing this, the other Rabbis exclaimed: "Akiva you have comforted us, Akiva you have comforted us!"
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Three approaches are possible in one's dealings with G'd. The same is true in one's dealings with any person upon whose services and goodwill one feels dependent. 1) If one has a justified claim on a person, one may simply demand that such claim be honoured. 2) If one has a dubious claim, one may resort to flattery, bribery etc, in order to have one's claim honoured. 3) One may engage in illegal means to get what one wants, using either violence, cheating, lying etc. Sometimes this method will prove successful. However, in the long run, anyone employing such illegal means to secure what he wants will pay for it, though he may have appeared successful in the short term. A striking example of this truth was Achav the king of Israel. This king had employed all the means enumerated to secure Navot's vineyard for himself. On the one hand, he could have laid claim to the latter's vineyard on the basis of Royal privilege, as stated in Samuel I 8,14. However, the Sanhedrin (Supreme Court) interpreted that verse as not representing a legal claim at all. Rather, it had been a warning to the people that a king might arrogate to himself the right to such privilege. At the very most, the king would have the right to confiscate private property if he had to pay off his soldiers from the proceeds of such confiscation. On no account, however, does the king have the right to take over such property for personal use. Achav adopted the approach of offering generous payment for said vineyard. When his proposition was turned down, the owner claiming that it was unbecoming for him to sell his inheritance, Achav suggested that Navot might consider making the vineyard a gift to his king, something that would certainly not reflect to his discredit. When this suggestion was turned down also, Achav became so frustrated that he sulked. His wife, Izzebel, interpreting the law about Royal privilege in a manner more favourable to the king, proceeded to have Navot framed, accused of insubordination to both G'd and the king, and to have him executed. In this manner, the king took over the property of the late Navot. Achav's sin began when he did not tell his wife the true reason that Navot had refused to part with the vineyard. The reason he had neglected to do so was that he thought once Izzebel would hear the real reason, she would consider the refusal final and the whole matter would have ended. In this way, Achav had actually encouraged his wife to find alternate ways to make her husband happy. Sulking, on account of a trivial matter such as the acquisition of an additional vineyard, was also part of his sin, since it was conduct unbefitting a person of the stature of a king of Israel. Had Izzebel had Navot executed merely for insubordination, the Bible might not have referred to the matter as murder for greed, but rather as a sinful abuse of the laws governing false testimony. At any rate, both the king and his queen were severely punished as prophesied by Elijah. (Kings I 21,29) Even though part of the punishment was long delayed due to Achav having acknowledged his guilt, in the end his crime did not pay.
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Our conduct vis a vis G'd is based on the very same principles. Some people expect G'd to do their bidding, relying on their merit and presenting their claim to G'd. Once these merits have been exhausted, they appear before G'd pleading their case through prayer. Concerning these two groups of people, the Psalmist says "Moses and Aaron of His priests, and Samuel who called on His name,” meaning the former have deeds to their credit, the latter employed the venue of prayer. (Psalms 99,6) However, when the desired response to having employed the first two methods is not forthcoming, many of us resort to the third and unacceptable means of securing our demands. Kings, both of Yehudah and Israel, are prime examples of how the attempt to secure one's end by illegal means failed in the end after approximately five hundred years, during most of which G'd exercised almost inexhaustible patience. Despite our long exile, despite the fact that all the dire prophecies of the Torah and prophets have been fulfilled, Jeremiah holds out hope for the rejuvenation of his people and their eventual redemption. He stresses that the goodness of G'd will become evident especially to those who keep their faith in the coming of the saviour, providing such a person works actively for the coming of this redemption. "The Lord is good to those who trust in Him, when they seek Him out." (Lamentations 3,25) In this vein Jeremiah paints a picture of hope and confidence even amid the ruins in which he laments our lost glory. Similarly, Isaiah, when predicting doom, reinforces our hope of ultimate redemption with rousing visions of a rejuvenated G'd fearing Jewish nation. (chapter 40)
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In the Midrash in our opening paragraph, Rabbi Akiva does not really offer any novel explanation of his conduct when he was faced with the evidence of our national shame and degradation. He merely expresses in his attitude the hope and confidence our prophets tried to instill in us at the time when they themselves were surrounded by ruin and desolation. In the first story the Midrash deals with our hopes for physical restoration, whereas in the second story the emphasis is on the spiritual rejuvenation in store for our people.
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Some problems in the text of our Parshah. 1) Why does Moses repeat in detail his efforts to change G'ds decree denying him entry into the promised land? Why does the Parshah start with the conjunctive letter vav, "and?" 2) When addressing G'd, why does Moses list all His attributes, when it would seem only G'ds will was the obstacle that Moses faced? 3) Why does Moses stress the physical qualities of the mountain and the land, as if they had been the reason that he had pleaded to be allowed entry? 4) Why is Moses commanded to ascend the summit? What good will "seeing" the land do him? 5) Why does Moses discuss events in the distant future, i.e. "when you will beget children," before dealing with the events of the past, the revelation at Mount Sinai?
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Apart from other motivations mentioned in connection with Moses' request to Sichon to allow passage through his land, the purpose of recording it here is to teach future generations that though the request was couched in imperious language, it was peaceful in content. Although G'ds instructions had been to make war, Moses offered Sichon peaceful means of avoiding war without impairing his sovereign existence. The major difference between the approach to Edom and that to Sichon was the use of the word "please" in the request to Edom. Reviewing the total defeat of Sichon and Og, is to underline that during the stewardship of Moses, and in accordance with G'ds promise to him, no remnant of these two nations was to be left. Israel inherited their land by right, there being no survivors who could lay claim to any part of those lands.
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(1) When Moses had asked G'd to allow him to cross the Jordan, he wanted to make sure that the conquest of the West Bank would proceed along the same lines, eliminating all survivors who could pose a threat to the Jewish people in the future. (2+3) In Numbers 33,55-56, G'd had warned that His assistance would be predicated on the degree of absolute war Israel would wage against those inhabitants. Had Israel remained under the leadership of Moses after they crossed the Jordan, all the problems that developed later would not have occurred. His request then was not for his own sake, but for the sake of the people. He begged for a continued display of G'ds greatness, His strong hand, His unparalleled Power as displayed in the wars against Sichon and Og. (4) Since the people were not worthy of that degree of success, Moses could not be allowed to cross the Jordan, since G'd could not have denied Moses such a degree of success. However, only the physical crossing was denied Moses, not the view of the country. In order to placate me, Moses tells the people, Hashem told me to ascend the mountain and see the expanse of the land of Israel. Concerning the conquests, however, G'd instructed him to command Joshua, making it plain that Moses had asked for the role of leading the conquest of the land. Moses is told that he should do his utmost to prepare Joshua for his task. G'd would then fulfil what He had promised Moses after the episode of the golden calf, when Moses had stood in the crook of the rock and G'd had assured him "in view of the whole nation, I will perform miracles." In this, G'd had referred to the arrest of the sun and the moon in their respective orbits during the term of Joshua's leadership of the people, as well as other lesser miracles. The people's fear, that if G'd did not respond favourably to Moses' prayer, there would be no chance that He would respond to the likes of them, is put to rest by Moses. He points out that they have survived the anger of G'd on the occasion of the sin at Baal Peor, and that the merit of the multitude in any case is much stronger collectively than that of any individual, however great that individual. This was what had enabled them to survive at that time. Moses points out that their success and survival is not conditional on his physical presence in their midst, but rather lies in their observing the laws that Moses had been teaching them before his death. In the event they had failed to appreciate the connection between the life giving power of observing mitzvot, Moses points out that precisely those of whom it could be said "you who have cleaved to the Lord your G'd" are the ones who are alive and well today. (see commentary chapter 83) In contrast, when one person sins, he may have to pay for his transgression. This is why Moses' sin resulted in his having to die prior to entry into Eretz Yisrael. This was due partly to the fact that Moses' error had had repercussions on the people. "G'd was angry at me because of your words." Even though they were the cause of his error, his personal merit did not suffice to reverse the decree of death against him. At this point, Moses returns to making laudatory comments. He points out that the observance of the commandments by the whole people prior to the sin of Baal Peor was the merit that had enabled the majority of them to escape the fatal consequences of the avodah zarah, that their idol worship would otherwise have had. Only the closeness between you and your G'd that you had established by means of observing mitzvot, enables you to survive to this day." Reminding the Jewish people of the revelation at Mount Sinai, he recalls that at that time they had not seen any visible signs of the deity. Theirs was a different religion; they were not in need of visible symbols of G'd. Visible symbols serve as intermediaries, reduce the closeness, the direct line between man and his Creator. Therefore, apart from the fact that none of them wield independent power, they constitute a downgrading of hashgachah peratit, and in the case of the Jewish people are a form of idol worship. Other nations who have not been the beneficiaries of hashgachah peratit, G'ds direct guidance, may employ these celestial spheres to approach the Creator, but not Israel. It is Israel's function to enjoy the direct guidance of G'd. Moses contrasts the value of the multitude's merit when he says anochi meyt, I am about to die, with ve-attem ovrim, "yet you will cross the Jordan." This merit of the multitude is effective however, only against such sins as do not involve the breaching of G'ds covenant with the people. Since, in the case of the sin at Baal Peor, their idol worshipping had not been due to philosophical religious considerations, but had merely been the by product of the weakness of the flesh, the urge to commit immoral sexual acts with the daughters of Moab, that merit did protect most of them. For all these reasons, the uppermost requirement for survival of the nation is the maintenance of the closest possible relations with G'd. (5) The sequence commencing with the paragraph "when you will beget children" (4,25), describes the never ending loving concern of G'd for Israel as a whole. All the retributions listed in the paragraph serve only one purpose. Israel will be forced to throw itself on the mercy of their G'd for psychological reasons, will repent, hoping for forgiveness. The promise that in such an event forgiveness will be available, is to reassure Israel that they need never lose the special relationship established between them and their G'd during their stay in Egypt and the subsequent Exodus. All punishments will have as their aim what a father aims at when he punishes an errant child. The reassurance that lies in verses 31-40, answers the unspoken question of Israel that if G'd has seen fit to keep His people in exile close to two thousand years already, it is hard to believe that He will awaken one day and restore us to our former glory. Moses says that since G'd is an kel kanna eysh ochlah, a jealous G'd, consuming fire, one could have expected a swift and utter annihilation of the Jewish people once His patience had been exhausted. The reference to the Egyptian experience teaches that after two thousand years of human history G'd had established a special relationship with one people. That had been a first in the annals of mankind. The eventual redemption of the Jewish people, when it comes, will therefore be less astounding than their selection had been in the first place when it had taken place.
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(The reason for the length of the present exile has been discussed in chapter thirty three in connection with Jacob's blessings) "attah hareyta la-daat," you have been allowed visual evidence. (4,35) Vis a vis those who scoff at our ironclad confidence in redemption, Moses reminds us that our collective experience of revelation is so much superior to those who ridicule our faith, that their reasoning should have no impact on our thinking at all. If our relationship with G'd is similar to the relationship of the bride to her betrothed, G'ds abiding anger can be understood better. In the betrothal ceremony, we refer to the fact that the betrothed is forbidden both to the groom and anyone else. An unusual benediction. However, since prior to the betrothal, the young lady was available to any potential suitor, betrothal results in her becoming universally unavailable; to her groom she is not yet available, to anyone else no more. Thus, since the gentile nations have never been betrothed to G'd, there was no reason for G'd to be jealous of their conduct; they could not have been disloyal, loyalty never having been demanded of them. In the case of the Jewish people, loyalty had been promised, indeed was a condition of the relationship. The lengthy exile then is a manifestation of G'ds jealousy.
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"And this is the law which Moses set"
_.89.1.3
The Talmud Makkot 23, relates in the name of Rabbi Simlai: "Moses was given 613 commandments at Sinai. 365 are "don'ts," corresponding to the number of days in the solar year, and 248 are "do's," corresponding to the number of limbs in the body." Rabbi Hamnuna added that the reason the Torah writes "Moses commanded us the Torah," is that the Hebrew word Torah has a numerical value of 611. 611 commandments were communicated to Israel by Moses. The first two of the ten commandments, Israel had heard directly from G'd at Mount Sinai.
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The above mentioned statement is somewhat surprising, seeing that according to popular tradition Israel had heard all ten of the ten commandments, (from the mouth of G'd) and that the Torah itself states "these are the words G'd spoke to the whole assembly at the Mountain out of the fire." (Deut. 5,18) At that point no distinction is made between the first two and the remaining eight commandments. The Torah also says "G'd spoke to you out of the fire, you heard the sound of words but did not see an image. He told you His covenant which He ordered you to perform; ten words which He wrote on stone tablets." (4,12) In view of this, how can our sages say that only the first two commandments were addressed to Israel directly? (Rambam's and Ramban's answer to these problems are dealt with in the original) What our sages want to tell us is that although all the ten commadments are of basic significance, so much so that all the other commandments are dependent on them, the first two commandments are of such overriding significance because they constitute acceptance by the Jewish people of the authority of Heaven. "Anochi" teaches us that G'd is a completely free agent who does not act under any complulsion and who can turn the suffering of the oppressed into freedom at will. "Lo Yihyeh,” on the other hand, teaches that He has no partners but is unique and in complete charge, independent of any other forces in the universe. That the acceptance of the second principle was not easy, is demonstrated by the difficulty the prophet Elijah had in persuading even the believers that one could not "sit on the fence" regarding the relevance of the baalim. Only complete discreditation of the assembled priests of the Baal finally produced the unequivocal proclamation by the multitude present that "the Lord is G'd," i.e. the only primary force. (Kings I chapter 18) When one reviews chapter twenty four in the book of Joshua, and reads about the excessive severity with which Joshua exhorts the people even after they had confirmed that they would certainly serve G'd, (verses 16-17) one understands the whole chapter better if one views its first half as dealing with the anochi aspect of service to G'd, whereas the second half deals with the lo yihyeh aspect of service of the Lord. Service of the Lord does not automatically lead to abandoning the esteem in which one has held other deities. The fact that the people undertook not to serve the deities of the Emorites, a cult which had so evidently failed to protect its adherents, was equivalent to acceptance of the anochi principle; it is not yet assurance however, that the lo yihyeh principle was also being embraced by the people. Therefore, Joshua continued to insist that their undertaking must include the acceptance of the lo yihyeh principle. The Torah scroll inscribed in stone bore the inscription of the people's undertaking as evidence of the renewal of the original covenant. The special significance of the first two of the ten commandments does not lie then in their being the only ones communicated to the people directly by the mouth of G'd, but in the fundamental nature of their content. Even though there are phrases in which the name of G'd is used in the third person, suggesting that someone else is speaking, ("for the Lord will not exonerate" etc., or "the Lord has made the earth in six days," or "he who uses His name in vain,") this does not prove anything. We have similar constructions in Genesis 18,18, Exodus 3,12, et al. When Moses refers to Israel as having heard "only a voice," this does not mean that they did not hear the words clearly, but rather that the usage is employed in contrast to "image." Their eyes saw no image during the course of the revelation. From the above it appears that the mitzvot as a whole can be divided into three groups regarding their relative significance. 1) The first two of the ten commandments, heard directly from G'd, directed at the whole assembly. 2) The other eight of the ten commandments, heard by the whole people directly, but perceived by them as communicated by a disembodied voice, suggesting an intermediary, although they themselves heard the communication. 3) The remainder of the 613 commandments, which were communicated to the people only via Moses. Since the eight commandments could be included in the group communicated via an intermediary (Moses), our sages have included them in the count of Torah, i.e. 611. The first two commandments had to be considered as a group by itself. Rabbi Hamnuna, who appears to have questioned the count of Rabbi Simlai, based himself on the fact that the two commandments were perceived by a superior means of perception. This is why he calls Moses' commandments "Torah"= 611. Midrash Shir Hashirim 1, relates a dispute between Rabbi Joshua ben Levi and the other sages. The former states that Israel heard the first two commandments min hagevurah, directly from G'd, whereas the latter claim that only after having completed the ten commandments did G'd relate the other commandments via Moses. The background to this difference of opinion is the fact that the Torah reports the people's request "you speak to us and we will listen", (6,23) only after the ten commandments had been reported as all having been revealed. Rabbi Joshua bases himself on the principle that there is no chronological order of events in the Torah, and that therefore the positioning of the people's request as having occurred after the revelation had been complete, is meaningless. The opinion is based on "He kissed me with some of the kisses of His mouth," i.e. since the verse does not refer to Israel as having been kissed with all of G'ds kisses, this is proof that they heard only part of the ten commandments directly from G'd. At any rate, the sages representing the majority view, state that the ten commandments were heard from G'd directly. According to their view, the letter mem in mi-neshikot piy-hoo, "from" the kisses of His mouth, would then refer to the other 603 commandments which Israel heard via Moses according to all opinions. (Song of Songs 1,2) What Rabbi Joshua really wants to tell us is that the first two commandments were heard, as we read in the opening statement of Rabbi Hamnuna according to our view, without there being any form of go between, neither physical nor through any sensory channel. The people's capacity to receive direct signals and to comprehend them was a miracle in effect during the pronouncement of the first two commandments.
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Some problems in the text of the chapter. 1) The conjunctive letter vav in chapter 4,44, seems to lack any connection with the previous paragraph. Why is that ? 2) Why does the Torah emphasize that the covenant was entered into with the present generation, not the one who had already died in the desert? If the reason is that the Torah wishes to emphasize that personal experiences provide a more solid bond, and result in a heightened degree of obligation when compared with benefits and obligations based only on tradition, that would give all future generations an excuse to reject the binding nature of the covenant! 3) If in chapter 5,5, G'd is said to have spoken "face to face" to the people, what is the meaning in the following words of "I have stood between you and G'd?" 4) Why recall that Israel had been afraid of the fire, had not climbed the mountain, when they had previously been warned not to approach the mountain? (Exodus 18,12) What is the meaning of "to say" at the end of verse 5? 5) Why is the word shamor used in discussing Sabbath observance instead of zachor as in the first version of the ten commandments? 6) When the people ask Moses to be their intermediary, why do they address him as att, the feminine pronoun? Why, at this point, do the people speak about "we shall hear and we shall do," instead of the famous "we shall do and we shall hear," that we are used to from the book of Exodus several times? 7) Why does G'd ask yira-ah, fear, awe, from the people? Why does He not ask for ahavah, love? The latter would surely be a superior form of worship! 8) Why, in chapter 6,2, is this very yir-ah, fear, awe, represented as being the result of observing mitzvot and not as its prerequisite, its motivation? 9) Mention of the land of Israel flowing with milk and honey does not seem sequential to the observance of the mitzvot? (last verse in the paragraph)
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(1) Moses' narration of the laws of the Torah that had commenced at the beginning of this book with the words "he explained this Torah," had been interrupted by an explanation of why they had not yet come to the promised land so many years after the Exodus. "For you have not yet come to a place of rest and inheritance." (Deut 12,9) The letter vav in 4,44 then is to connect not with what went immediately before, but with the interrupted narrative commenced with the words "this is the Torah" in chapter 1 verse 5. (2) The few verses following, merely define the location at which these speeches of Moses took place. Since Moses wanted to emphasize that the covenant at Sinai did not only apply to the generation that had experienced it, but was valid for all future generations, he could not say "with your forefathers did He make the covenant," but rather "not with your forefathers (who are dead already) but with us who are here today and are all alive and well." Just as a watermill has not been built to take advantage of the waters presently flowing in the river, but the capital investment is based on the assumption that the river will continue to flow, and its waters would justify the initial expense, so the revelation at Mount Sinai was based on the premise that an untold number of generations would benefit from it throughout the ages. For this reason, at a later stage, this point will be included when Jewish children learn the history of their people. "On account of this, did G'd do all this when I came out of Egypt, and He took us out from there," (Exodus 13,8) and similar statements near the end of Deuteronomy chapter 6. The total Jewish community throughout the ages is included in all these experiences. (3) Moses emphasizes his role as an intermediary as distinct from the Sinai experience when G'd had talked directly to the whole nation. Only after completion of the ten commandments, in response to their fear of death, did they say "you speak to us," and G'd had complied. "G'd said to Moses: thus you shall say to the children of Israel." (5) In chapters forty five and fifty five, we have discussed both the significance of the order of the ten commandments and the changes of wording that occur in the two versions reported in the Torah. (4+6) The main reason Moses emphasizes the people's request for an intermediary, is to remind the nations that since it is unrealistic to expect a whole nation to maintain the lofty moral standard they had achieved at the time they stood beneath Mount Sinai. G'ds objective "also in you they will believe forever," will be achieved. The need to have a prophet at all times who would serve as the reminder of the constant contact with G'd, was a major corolloary of the whole revelation episode. We have dealt with the significance of the pronoun att in chapter seventy seven. (7) The answer to the wording "we will hear and we will do," is found in chapter forty seven. It is important that G'd had specifically confirmed that Israel's request to have G'ds words communicated to them via an intermediary, was proper. One could easily have assumed that they had been motivated by a lack of desire to accept G'ds directives and therefore had wanted to put some distance between themselves and G'd. Therefore, G'd goes on record as confirming "who would give that their heart would always fear Me etc." This proves that their request came at a time when they were still at their moral/ethical peak. (8) Yirat ha-onesh, fear of punishment, must be viewed as a point of departure for all observances of a religious nature. However, it is not the goal of such observances. Initially, survival with minimal comforts is sought by the individual observing religious laws. The Torah assures us however, that the end result will be long life, well being etc., since from the original motivation we are likely to develop love for G'd and His Torah, as well as reverence for all it represents. (9) Whenever G'd mentions the gift of the land of Israel, He makes certain that we do not view it as something minimal, but as a gift of outstanding quality. Here too, we are told that the observance of the commandments results not only in minimal creature comforts but in a plethora of blessings that exceeds our wildest imagination.
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"Hear O Israel the Lord our G'd, the Lord is One"
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The Talmud Berachot 15, states that if someone reads the keriyat shema in such a manner that he cannot hear himself saying the words, he has not fulfilled the commandment.
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Some human activities, though apparently not within our control, are nonetheless included in the commandments. Faith, memory and recognition, are examples of such mitzvot. Although it is clear that a feeling of faith, confidence is rooted in the psychological makeup of a person, -a strong personality may possess it, a weak one may lack it,- we are nonetheless commanded to possess such faith as if it were within our will power. Similarly, forgetting and remembering respectively, though apparently not subject to our control, are among the characteristics needed to observe certain commandments.
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Joseph's brothers say to their father: "recognise whether this is the coat of your son or not." (Genesis 37,32) We are told to remember what Amalek did to us. (Deut. 25,17) We are told not to fear nations surrounding us. (Deut 7,18-21) Since we are human beings, not just animals, it is expected that we can refine certain characteristics, are not limited to instinctive reactions. If one can learn to compensate for the weakness of certain of one's senses, then surely one can find means to reinforce certain character traits. A blind man develops a more acute sense of hearing. A shortsighted person can improve his vision by the use of spectacles. A person suffering from certain character weaknesses must also find means to compensate for this. Using one's power of imagination, one can imagine situations that make one's phobias seem unjustified and ridiculous. The process of thought association with specific objects is known to be an excellent memory jogger. These aids must be applied when we are asked to observe certain commandments involving remembrances. Seeing the tzitzit reminds us of other mitzvot such as kilayim, forbidden mixtures. This has been discussed at greater length in chapter sixty five. Awareness of the importance of memory joggers may have led some prophets to find common denominators for certain mitzvot, and thus make it easy for us to have these short summaries constantly at our command. Isaiah manages to condense Torah into two slogans, "observe justice and perform righteousness." (chapter 56) Chabakuk manages to sum it up in a single slogan, "the righteous will live by his faith" (2,4). No doubt the purpose of these apparent over simplifications is simply to provide a constant reminder, which when triggered will remind us of all the other mitzvot which are incumbent upon us to perform. When the Talmud (Ketuvot 30) tells us that all is in the hands of Heaven except the contracting of colds and heatstrokes, we know very well that both those phenomena are natural phenomena and as such not subject to our control. In fact, no remedy has yet been found for the common cold. Nevertheless, the sages are telling us that if one falls victim to those two ailments, this is due to negligence on the part of man, to wilful over-exposure etc, and cannot be blamed on outside forces. Just as one can control colds and heatstrokes, so, by employing memory properly, one can reinforce one's senses of trust and confidence in the help of G'd, no matter what the circumstances. This is what David said (Psalms 27,1) "The Lord is my light and my salvation; whom shall I fear?, The Lord is the source of my strength, of whom shall I be afraid?" He means that if his attitude is based on remembering G'ds many past acts of kindness and assistance, why would he be afraid of anyone in the future? In the same vein, Moses tells the people: "you are today about to cross the Jordan in order to dispossess people greater and more powerful than you etc." (9,1). This calls for faith and confidence based on the recollection of all the past triumphs achieved through Divine intervention. The foremost memory jogger is the keriyat shema, which for that reason has been included in our daily prayers three times. We will examine the passage in detail to gain a better understanding of its significance. The following questions suggest themselves:
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1) Why does this paragraph have to be recited two, respectively three times daily? How is it a better form of kabbalat malchut shamayim, acceptance of the authority of Heaven than say the recital of the first of the ten commandments? 2) Why do we insert the line "blessed be His glorious majesty," after the first verse? 3) Since "love" by definition seems to imply a reciprocal relationship between equals, how is such a relationship possible between man and G'd? 4) Why the emphasis on having "all these words" present in one's mind at all times? 5) What is the relevance of the next paragraph in the Torah to the keriyat shema? 6) How is the Torah's answer to the question of the son wanting to know the meaning of the commandments relevant? (6,20-25) 7) Why did Moses need to tell us that G'd did not choose or like us for our numerical strength? Who had ever thought that He did? 8) When discussing retribution for those who hate G'd, (plural) the Torah says that G'd will pay him back, not them? 9) When G'd promises that "you will be blessed more than all the nations," (7,14) the implication seems to be that the nations too will receive a measure of blessing from G'd, only a smaller measure; how can this be reconciled with the statement "you will consume all the nations...do not be concerned about them!" (7,16)
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(1) Although we have pointed out that the first two of the ten commandments are in a class by themselves since they express the existence of G'd and the exclusive nature of His G'dliness, the shema yisrael expresses the link between that Oneness and the malchut, the majesty which is a manifestation of that Oneness. Our prophets view the messianic message as one in which "on that day G'd will be king over the whole earth, on that day He will be One and His name will be One." (Zachariah 14,9) (2) By this phrase the prophet expresses that Oneness is synonymous with Majesty. An ideal kingdom is one in which everything is based on a unified system emanating from a single source. This is the reason the sages inserted the line about G'ds Majesty in the recital of the keriyat shema. This is also the reason it is included in the Mussaph prayer on the New Year's day, when ten verses dealing with G'ds Majesty form the first of the three major benedictions of the amidah, central prayer. The paragraph commencing with the words "and now Israel, hear the statutes, social laws etc," (4,1) is to be understood thus. Since you have heard directly from Me the first two commandments about My nature, remember this as something you keep on hearing forever three times daily. Anochi and lo yihyeh, are not to be viewed as alternatives to the recital of keriyat shema, rather recital of keriyat shema is the insurance that you will not forget what you have heard at Sinai, and will ensure that lesson will stand you in good stead throughout future generations. Moses used the shema in a different context. He explained that what it represented had been revealed to Israel. The line of baruch shem etc. however, being something that he had overheard the angels use in Heaven, could only be whispered, since it had not been revealed. However, on the Day of Atonement when we are like angels, free from sin, we too can and must recite this line in an audible manner. (3) Although, generally speaking, love relationships exist between equals or at least between people who have a great deal in common, there are two love relationships that need not be affected by the similarities between the parties concerned. One is the love that the recipient feels for the one who endows him, keeps him alive, does undeserved favours for him, etc. Thus children love parents since the latter are providers. The greater the benefits received, the greater the love by the recipient for the donor. Since G'd is the great Provider, absolute love by us for Him is quite natural, and the word ve-ahavta, you shall love (Him) is quite in place. The second reason that true love for G'd is possible, lies in His very uniqueness. When someone owns a variety of artifacts, each similar in nature, it is difficult to love one of those artifacts especially, since it is not distinctive enough to evoke that special feeling of love. When, however, the object in question is absolutely unique, the affection one feels for it can be termed love, without such love having to be requited. (compare Aristotele's ethics, book nine)
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The call to love G'd is addressed to levavcha, the seat of your mind and goodness, that which appreciates all the good G'd does for us; nafshecha, the seat of your passions and urges, which appreciates whenever it is indulged; finally, me-odcha, the aspect of you that desires what is functionally good, useful and expedient. In these three ways, man can express appreciation of what has been done for him. Since he is being appreciative, his love is really of a reciprocal nature. When our sages (Berachot 61) say that the call to love G'd "with all your soul, includes preparedness for martyrdom, this appears to mean that even when it seems that G'd has decreed one's death, one should not reason that since G'd is the source of all goodness that such threat of death emanates from some other source, is the work of Satan. At such times, re-affirmation of the Oneness of G'd is required. This is the reason the sages praise Rabbi Akiva who died proclaiming the shema yisrael. (4) After the affirmation, the verse "these words shall be ..on your heart at all times," stress the need to jog one's memory at all times by remaining aware of these facts. The first action that will help memory to remain alert, is the recording of the relevant passages on a scroll and affixing it in a visible place on all one's doorposts. The word veshinantam, meaning to study, teach repeatedly, is also related to the root of the word "to sharpen." Constant repetition sharpens one's awareness. In addition it may refer to a method of study, to whet one's mind by presenting Jewish history in a challenging manner. "To your children," places special emphasis on those mitzvot that concern themselves with the growth of children into adulthood. (laws of circumcision, first born privileges, marriage laws etc.) "You shall talk about them," concerns all those mitzvot which involve dibbur, word of mouth, prayer, reading the Torah etc. "When you sit in your house, refers to those commandments that involve relationships with fellow human beings, your family who dwell with you, as well as your neighbours. "When you walk on your way," refers to mitzvot which normally present themselves for fulfilment when you are away from home, i.e. return of lost property, sending off the mother bird prior to pocketing the fledglings etc. "When you lie down," refers to laws governing permitted sexual relations with your wife, restrictions due to her menstrual cycle, the observance of the laws of impurity, etc. "When you rise up," refers to the hours of your business day when you are "up and about," active. All the laws pertaining to fair dealings with your fellow men must be remembered during that part of the day. "You shall bind them as a sign," are warnings to observe regulations about forbidden foods, reminders to limit our social contacts with gentiles. "They shall be as frontlets between your eyes." These are warnings not to be misled by what our eyes behold, to be led astray. Eyes may be employed constructively, i.e. when seeing a naked person we are to see to it that he is adequately clothed so as to protect him against heat or cold. Our eyes should not be employed to ogle nudity etc. "You will write them on the doorposts." This refers to all the commandments involving writing; i.e. marriage documents, divorce decrees, Torah scrolls, phylacteries etc. "And on your gates." This is a reference to mitzvot involving judges, since justice used to be practiced in public, at the entrance of the city where the elders would gather.
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The statement of the Talmud quoted at the introduction to this chapter, should now be clear. Since a major function of reciting the keriyat shema is not what we address to G'd, but what we address to our own memory and faculties, unless we say it audibly, its purpose would remain largely unfulfilled. One would not discharge one's duty in such a fashion. On the one hand, it is not proper to raise one's voice, so as not to suggest that G'd is hard of hearing. (Berachot 24) On the other hand, one must arouse one's own senses sufficiently so that what the lips are saying accomplishes its purpose to remind one of the mitzvot.
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(5) Since keriyat shema stipulates that the relationship between Israel and its G'd is akin to the bond of love between a man and his wife, the obligations of each party are referred to in the following paragraph.
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A husband is obliged to provide his wife with three basics. They are food, clothing, and conjugal rights. We therefore read in that passage first about G'd fulfilling His "duties," i.e. the duties of a husband. (6,10-11) At the same time, in keeping with the dictum that "indolence leads to immorality" (Ketuvot.5 9), the love relationship between husband and wife notwithstanding, the spouse's duties do not cease. "You shall revere the Lord your G'd, fear Him and serve Him." The need to accord glory to the beloved is not diminished by the intimacy of their relationship. Familiarity must not be allowed to breed contempt. Since it is in the nature of a woman to test her husband's love from time to time, in order to receive psychological reassurance, the Torah tells us "do not test the Lord your G'd." We must not conduct ourselves in such immature fashion. When the sages describe the passage commencing with the words "when your son will ask you," (6,20) as the question of a clever son who wants to understand the rationale of Torah observances, they did so with good reason. We have explained this in detail, in chapter thirty eight. (6+7) After having concluded the instructions how to insure our loyalty to G'd after we have taken possession of the land of Israel, the last part of our Parshah deals with ensuring that also our children will remain loyal to the covenant. At first glance, the demand for isolation from gentile society may sound harsh. Therefore, the Torah explains 1) the need to remain a holy nation. 2) The reminder that if G'd had wanted us to be similar to other nations, He would have chosen a numerically much stronger nation for His pilot project. (8) When the Torah threatens prompt retaliation to the wicked person, the switch from the singular to the plural may mean that when the wicked become numerous, G'd may have to delay application of retributive acts in order to demonstrate His patience, as discussed in chapter three. However, as long as the number of the wicked is few, of no sociological consequence, immediate retribution is in order. This is necessary to prevent sinners from relying on the patience of G'd and the delay of retribution. The correct meaning of the whole verse (7,9) then is as follows: "when there are many enemies, He will pay them back to their face, to result in the sinners' destruction. When there are only a few individual sinners however, He will not delay before paying him back." It is clear from Jeremiah chapter twelve and Psalms chapter seventy three as well as from Chabakuk chapter one, that the conduct of G'd towards a group of people is not necessarily subject to our evaluation and comprehension. (since we lack too many facts in the total equation.) Psalms ninety two, states so explicitly. (6) The fact that our duties in the marriage contract are spelled out, does not mean that we are entitled to a reward because we have lived up to our undertaking. If the Torah nonetheless begins the next paragraph with a list of promises based on our fulfilling our contractural duties, this is an act of kindness on the part of G'd, not something that we could claim as a right. Just as Abraham considered G'ds promise to grant him children and to give the land of Canaan to them as an act of kindness by G'd, (Genesis 15,6 and our discussion of this in chapter seventeen) so it remains for all time. The answer that the clever son receives may be divided into two parts. Up to the end of Parshat va-etchanan, he is told about the chukkim and eydot the laws that seem to lack rationale and the laws that demonstrate our testifying to the Torah's and G'ds historic truth. In Parshat eykev, he is told about the mishpatim, the social laws of the Torah. Since mishpatim are universally accepted phenomena and no special Torah is needed to assure a nation's establishing standards of social behaviour, the Torah explains the superiority of its legislation to the clever son.
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"And it shall come to pass, because ye hearken to these ordinances" etc.
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Observance of Torah legislation brings in its wake a freedom from natural disasters such as sterility, disease, etc. and will establish the Jewish nation as number one in the world. Should any one doubt this effect of Israel observing Torah laws, the power of our collective memory is called upon to reinforce our belief in the effectiveness of Divine guidance. (verse 18)
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(9) There is a difference between people who are basically healthy, and people who have a basically weak constitution. The former respond to a minimal amount of therapy when struck with some disease, and are easily restored to full health. The latter who lack natural resistance, require greater dosages of medication, a longer period of recovery etc. Prior to the revelation at Mount Sinai the Jewish people belonged to the latter category of people. The Mount Sinai experience changed all that. Formerly, a great number of mitzvot would be required to heal them of even a minor ailment. Now, however, a relatively small amount of Torah observance suffices to overcome even major disorders in their physical well being.
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"All the commandment which I command thee this day" etc.
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Midrash Rabbah Deut. 11, reports Moses as saying to the Israelites: "when you cross the Jordan things will be different from now. Do not imagine that when you sin there will be a Moses to intercede for you with G'd as I have done in the desert all these years. When you committed the sin of the golden calf, and the Lord wanted to wipe you out, did I not pray for you and act as your advocate?"
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As mentioned elsewhere, man having a spiritual side as well as a physical side, can be viewed as having two wives. One wife is beautiful, diligent, keeps house in an exemplary fashion, but, alas she has no children. The other wife, while lacking the many virtues of the first wife, bears numerous children for her husband, is of good character and intelligent. Because of the relative merits of the two wives, their husband strives constantly to maintain a degree of tolerance and peace between them. After all, they are both indispensable to him, each in her own way. He tries to please both of them, and take care of their respective needs. In fact it is incumbent upon him not to show preference to either one of them, just as in the case of the father who must not show preference for the son of the wife he loves better, if the one he loves less is the mother of his first born son. (Deut. chapter 21) When the Torah states (Deut. 30,15) "I hereby offer you this day life and goodness, or death and evil," the reference is to two different lifestyles, as will be explained in chapter one hundred and one. We have also discussed this problem in chapter forty one, in connection with the manna, and in chapter seventy seven and sixty seven. The reason Moses touches on this problem at this juncture, when a totally new lifestyle for the people is imminent, is perfectly logical. A parable may illustrate the husband's dilemma. A man has two wives, one beautiful, the apple of his eye, the other plain looking but the mother of his children. One day the beautiful wife is abducted while her husband was away on business. Thereupon wife number two appeals to the king for assistance in locating and freeing the wife who has been abducted. The king is impressed with the plain looking wife who is so concerned about her better looking competition. Since he is of a kindly disposition, he not only promised to help locate the abducted wife, but assures the family of his financial support until the whole family would be reunited, the husband had returned and the captive wife freed. After a while, news of the whereabouts of the abducted wife is received, and the king sets out to free her and succeeds. He then calls in the husband, being aware that the latter had always displayed a preference for the wife who had been abducted. He warns the husband not to neglect or maltreat his other wife since it was she who had been instrumental in the family surviving and being reunited. The king threatens punitive action should the husband fail to treat the second wife fairly.
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When the Jews left Egypt, deprived of their physical comforts and the kind of freedom they had phantasized about after being freed from slavery, they are described as if their wife number one had been abducted. The Jewish soul, i.e. wife number two in our parable, appealed to G'd, and G'd provided sustenance during all the years in the desert. This proved that wife number one was still missing, since otherwise the Jewish people would not have had to rely On G'ds sustenance, i.e. supernatural help. They would have been able to manage like every other nation. At Marah, G'd had responded to the pleas of the Jewish people, introducing the daily ration of manna pending return of "wife number one."
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Now that the land of Canaan, -i.e. wife number one,- is about to be restored to the Jewish people, normal economic factors will provide the people's sustenance, instead of the miraculous help from the king. Israel is warned not again to neglect its soul, the unseemly wife, while enjoying the companionship of wife number one, delighting in her physical endowments. Moses' warning about the need to observe all the mitzvot now that Israel is about to enter the holy land, is a reminder that the period of dependence on the king's largesse is drawing to a close. The king warns that neglect of the rules He had laid down would be viewed as a serious act of ingratitude for past favours. Such ingratitude could lead to Israel forfeiting the land itself. Should the nation ask how they could ensure their economic survival if they had to be constantly occupied with spiritual matters such as studying the Torah, they are reminded that they had learned during forty long years that the pursuit of material values is not the only way to ensure one' economic success in the world. "Remember the way your Lord guided you,...He fed you the manna...your clothing did not rot..." The whole purpose of allowing wife number one to be kidnapped, was to demonstrate that survival is possible without all these accoutrements. On the contrary, harm and failure will result from neglect of our spiritual equipment, rather than from our neglecting our business in favour of Torah study and mitzvah performance. We find this type of warning in Avot 6,2, "woe to the creatures because of the insult they heap upon Torah." Neglect of Torah spells retribution according to the midah keneged midah, measure for measure principle. "He who tries to divest himself of the yoke of Torah has the yoke of government and bureaucracy imposed upon him." (Avot 3,5.) If one encounters certain difficulties in life, one often does not have to search very far for the reasons. It is usually due to an imbalance in the way one has handled one's priorities. Torah study, mitzvah performance, have to be given equal time with the pursuit of one's economic goals. Nourishment of the soul is not provided by the same source as nourishment for the body. A healthy body is needed to enable the souls to function at full capacity. For that reason, all reasonable efforts have to be made to provide the body with proper sustenance. We know that Torah and mitzvot are the primary food for the soul from Solomon (Proverbs 6,23) "for the mitzvah is like a candle, whereas the Torah is like light itself." In the Torah (Deut 8,3,) we are told "man does not live by bread alone, but by everything which emanates from the mouth of G'd does man live." Onkelos renders Leviticus 18,8, as follows: "You shall observe My statutes and My social laws so that man ensures eternal life for himself when he carries them out." The expression "to live thereby," accordingly refers to sustenance for our spiritual half. All the commandments that become applicable upon entry into the holy land, give sustenance to the spiritual part of the Jew. The land is described as one in "which you do not eat bread therein out of scarceness" (Deut 8,9). It is a land that does not demand so much physical labour that its inhabitants cannot find enough time to devote themselves to their spiritual tasks. Verses 11-14 are the warning not to immerse ourselves too deeply in the effort to acquire material riches. This could lead to forgetting G'ds goodness and the purpose for which we travelled forty years through the desert. Whereas, notwithstanding G'ds generosity, our own contribution to econonmic stability is required, or at least permitted, we must never forget what it is that gives us the strength to perform economic miracles. Should we fail to remember, our fate will be the same as that of the nations whom we are replacing in Canaan. If any reminder were needed as to by whose grace conquest of the country was accomplished, reference is made to the relative physical and numerical strength of Israel vis a vis the nations it has conquered. Those nations had inspired such awe in any would be conquerors, that to credit our success merely to our own strength would be sheer lunacy. G'd is also anxious to disabuse us of the thought that it was our moral superiority that led to our successful conquest. He points out that it was the wickedness of the land's inhabitants that caused them to be dispossessed. Already at the time of Abraham, G'd had promised that fulfilment of G'ds promise to him had to await the inhabitants' cumulative level of sin reaching a stage that would give G'd legal justification to dispossess them. (Genesis chapter 15) Israel's own waywardness is recalled, to remind them further that it was not their righteousness that led to the conquest of the land of Canaan. Precisely because G'd had forgiven so many of their past misdemeanours in the desert, they had to be warned now that they could not count on G'd being indulgent with them in the future. Also, the argument which Moses had used successfully up to now, namely that demise of the Jewish people would be interpreted by the nations at large as the Jewish G'ds inability to make good on His promise to his people, would no longer be valid. Once Israel had conquered the land of Canaan, G'd would have demonstrated His ability to deliver on His promises. The difficulties in this Parshah stem from the apparent lack of logical sequence in which it is written.
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1) When Moses says he climbed the mountain to receive the tablets, (9,8-10) he repeats in verse 11, that G'd gave him two stone tablets. Why? 2) After reviewing the whole golden calf episode, including the time spent on the mountain to obtain forgiveness, Moses suddenly refers to "your sin which you committed, I took and burned it in fire." (9,21) Why this chronologically misleading verse at this point? He had burned the golden calf immediately he had come down from the mountain! 3) Why does Moses inject the sin of the spies in the middle of the account of the golden calf? (9,23) This had been dealt with in chapter 1, 22-46! 4) Why does Moses wait till verse twenty five to relate the forty days of pleading he did for his people? 5) Why is the giving of the second set of tablets reported prior to the report about obtaining forgiveness? 6) Why does Moses refer to the move to Masserah and Aaron's death in the middle of this report, an event which occurred thirty nine years later? 7) Mentioning the special function of the tribe of Levi, and the fact that they would not participate in the sharing out of the land, seems quite out of place here?
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(1) In order to understand the sequence of Moses' address, one must bear in mind that the sin of the golden calf really made Israel liable to three distinct kinds of punishments, or at least to one penalty, if that meant the destruction of the nation that had been disloyal. If the sentence were to be commuted, at least some of the privileges enjoyed prior to that sin would be revoked, in addition to any penalties imposed. In our case, the fact that G'd did not decree loss of favoured nation status, heavy financial penalties, or deprivation of freedom of movement when He commuted the death sentence, is proof of the extraordinary degree of pardon granted. When viewed in this light, Moses' points will appear quite logical in their sequence. Moses who had first described Israel's greatest hour, and had complimented them, now had to contrast this with their sin. By mentioning that G'd did indeed give him the set of tablets at the end of forty days on the mountain, Moses proved that G'd had thereby given evidence that His original plan to provide visible evidence of His nearness to the Jewish people, had not been aborted. At that point G'd had to tell Moses to rush back to the people quickly in view of what was taking place within the camp.
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(2) After that, Moses refers to the severe nature of the sin as evidenced by the type of punishment decreed. The sin is described in six stages. A) At the end of forty days on the mountain, at the very moment when my stay on the mountain was being crowned with success by my receiving the tablets, the most grievous sin was committed. B) The people not only worshipped a golden calf, but they had fashioned it themselves; it had not even existed previously. C) The punishment decreed, collective destruction, indicates how seriously the sin was viewed. D) The facts, when I saw them, were every bit as terrible as what G'd had told me while I was still on the mountain. I smashed the tablets; they did not drop from my hands. E) The effort needed to obtain forgiveness, included forty days without food or drink.
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F) G'ds anger extended even to Aaron, who, though pure in motivation, had allowed himself to become the tool that brought that calf into existence. (3) Concerning Aaron, Moses uses the term le-hashmido, G'd wanted to wipe him out including his children. Moses then states "your sin which you committed, the calf that I took," in order to state clearly that Aaron's death or the death of his two sons was not due to his having personally participated in the sin of the golden calf. Aaron's innocence had been clear to Moses already at the time he smashed the tablets; therefore it had to be mentioned at this juncture. If further proof were needed of the people's frequent disobedience, the attempt to enter Canaan despite G'ds warning not to do so after the return of the spies, is ample evidence. There can be no greater kind of disobedience than that. Disobedience does not require some tangible symbol, or some leader around whom the people would gather and whom they would hold responsible for failure to implement their wishes successfully. (4) Moses demonstrates the power of prayer, which began before his descent the first time. At that time he had succeeded in preventing hashmadah, the wholesale destruction of the people, (see Exodus 32,14, "G'd comforted Himself regarding the evil He had said He would do to His people") Moses wanted to show that he had prayed in three stagess, and that his prayers had been accepted progressively. He had addressed himself to three problems. 1) hash-madah 2) hash-chatah 3) i.e. "do not turn to the obstinacy of this people and its sin." Item one is immediate death of the entire nation. Item two is the eventual demise of the whole nation. Item three would cover the long term effects in the disturbed relationship between Israel and its G'd. (5) The proof that all of Moses' prayers had been accepted, is found in the command "carve out yourself, two stone tablets." Once the original tablets have been replaced, this is proof that the status of the Jewish people had not undergone a change. G'd suggested that an ark be made to house the tablets. Moses acted like a craftsman and constructed the ark first. (10, 1-6) (6) Aaron's death was delayed till the fortieth year in order to preserve the ananey hakavod, the clouds indicating G'ds presence and the pillar of fire at night, all of which were due to his merit. (7) G'd continued to accept service by the priests and Levites despite the fact that the people had served the golden calf. Since the Levites lost their share in the distribution of the land due to the fact that they had replaced the firstborn as the natural priests, they were entitled to some form of compensation for the services they were rendering for the nation from then on. Restoration of wife number one to the husband mentioned in our parable at the outset, is completed herewith. Therefore, Moses emphasizes at this point that wife number two is not to be treated with disrespect again, nor is she to be deprived of her legitimate rights. Basically, this is the conclusion of Moses' speech, commenced in Parshat Devarim
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And now, what does G'd ask of you?"
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The Talmud Berachot 33, states in the name of Rabbi Chaninah, that everything is in the hands of Heaven except fear of Heaven. The scriptural proof cited is the verse "for now, what does the Lord your G'd ask of you except to fear the Lord etc." (Deut 10,12) The Talmud asks: "is fear of the Lord then such a minor matter?" The answer given is that from Moses' vantage point it was indeed a minor matter, an insignificant request. It is like someone requesting from the king one of the king's instruments. As long as the king owns the instrument requested of him, the request appears minor since it can be fulfilled easily; if the king does not own such an instrument however, the request looms as very major indeed.
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It is well known that the meaning of the word yir-ah, is twofold. One meaning is the instinctive unreasoning fear of a physically stronger phenomenon, a fear common to both man and beast. Jacob, fearing defeat at the hands of Esau, prays to G'd for help, lest Esau smite both him an his family. (Genesis 32,10-13) Isaac, who is afraid to be murdered on account of his wife, indulges in a white lie. (Genesis 26,7) Another kind of fear is that which recognises superior moral or intellectual qualities in someone whom one confronts. In effect, this fear is reverence. When Miriam and Aaron discussed Moses' marital relationship, (Numbers 12,2) G'd takes them to task for having failed to display that degree of reverence that is due a prophet of Moses' calibre. The Mishnah in Avot 4,15, urges that reverence for one's teacher should be on a level similar to that accorded the Almighty Himself. Whereas the former kind of fear is common both to the sinner and the devout person, the latter, i.e. reverence is a form of fear that sinners do not know. Proverbs 10,24, states: "the fear of the wicked, it shall come upon him, but the desire of the righteous will be granted." The thing that the wicked is afraid of will happen to him, the pious however, will not be denied, since his adversary can sense his moral superiority. G'd promises that the Canaanites will be awed by the Jewish people in this fashion when the latter are about to invade their land. "The fear of you and the reverence for you, the Lord will implant on all the face of the earth." (Deut 11,25) The most interesting example we find of this phenomenon is the account of Saul, who tries to kill David. (Samuel I chapter 18) He tried to make David's death (intended) appear like an accident, and that is why David did not run for his life at once. Twice, during the playing of the harp, David had turned his head at the precise moment Saul had thrown his spear at him. Saul, who realised that David's escape was not accidental, had previously only feared David as a formidable warrior. Now, however, he also developed reverence for him, seeing G'd had so obviously protected him. (verses 12-15) Verse thirteen refers to the reverence, verse sixteen to the fear of an adversary of known superiority. Saul had experienced similar feelings when his efforts to trick David into being killed by the Philistines had failed. At that time he had let it be known that he would give David his daughter in marriage in return for a dowry of one hundred Philistine foreskins, (ibid, especially verse nine) Other examples of fear and terror are found in Psalms 33,8 and 9. Psalms 68,4, and Jeremiah 5,22. On the other hand, the reverence of the righteous is not based on terror. Compare Psalms 34,10 as well as Psalms 145 and 147. The yereyim are not full of terror, but await G'ds kindness with confidence. We must now examine what kind of fear is referred to in our Parshah in chapter 10,22. It is unlikely that Moses would refer to the fear common to man and beast, since one would then have to assume that G'ds main purpose is for man to relive experiences that would remind him of moments of fear and terror. His service of the Lord then would be based only on man's terrifying awareness of G'ds superior power, His ability to punish man. When under the influence of such terror, truthfulness can easily be turned into falsehoods told because one hopes to escape detection of one's sins. Such untruths would then not even be sinful. We find Abraham calling his wife his sister. Isaac does so likewise, each one having feared for his life at the time. (Genesis 12,10 and 20,6) Joseph's brothers told him of a supposed statement by their father Jacob. They too had been motivated by fear that Joseph would revenge himself now that their father had died. Aaron had agreed to make the golden calf after having seen Chur killed. (Sanhedrin 7) It is therefore quite unthinkable that this is the kind of "fear" that G'd asks of the Jewish people. In fact the whole concept of free will would be demolished if that were to be the basis of our relationship with G'd. The statement of Rabbi Abdima ben Chana (Shabbat 88) that G'd had threatened the Jewish people with annihilation should they fail to accept the Torah at Mount Sinai, is used as evidence that contracts entered into under duress are not binding. Also, it would not make sense if the Talmud in Berachot 33, had described the attainment of fear as a minor accomplishment for the likes of Moses. Surely, any person could possess that kind of fear without even half trying. One certainly would not have to be a Moses to live in terror of G'ds power. On the other hand, if what is meant in our Parshah is reverence inspired by awareness of G'ds many attributes, then such a demand would seem to be the ultimate demand that can be made of any human being. Certainly such a demand ought not to be described as a very modest request. Intellectual awareness of the need for such reverence vis a vis G'd and all He stands for, may indeed be relatively easy to attain, but a lifetime filled with constant awareness of this reverence seems more than can be reasonably expected from any individual. Even of Moses himself it is said: "He turned his face away since he was afraid to look upon G'd." The Torah compliments Moses on this yir-ah, reverence. If a Moses deserves special mention for displaying such reverence, it cannot be come by easily by lesser mortals. (Exodus 2,6)
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(At this point the author explains why he finds RAN's treatment of this question unsatisfactory, and why the Ramban skirts the issue)
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It is important to appreciate that the term yir-ah is one that applies only to events which may or may not occur. One can worry about an impending earthquake, since one does not know if it will occur. Whenever there is certainty about a disaster that is about to happen, one may feel a sense of hurt, resignation, frustration etc. but not one of fear. Man is not afraid of the sunset or sunrise, natural death or old age, since all these are bound to happen. Since all natural phenomena are bound to happen as a result of natural law, anyone who is afraid of these phenomena is merely being foolish. Fear,- in the sense of worry,- is completely misplaced in such instances. Efforts to escape the impending disaster are quite natural and permissible, however. True, there are a limited number of natural disasters the causes of which are known but to a few. These few, knowing these disasters to be inevitable, will not experience fear of them. The multitude, being unaware of the inevitability of these impending events, will fear them. All Greek philosophers were fatalists, knowing for certain that certain events were bound to happen, and that it was therefore useless to be afraid of these events, though one might grieve over their impending occurrence.
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The story of Creation teaches that belief in fatalism is wrong. Since the Creator was free to create at that time, He will forever remain free to change His world and its laws whenever it pleases Him. (compare chapter 1 and chapter 15) Fear then is predicated on the assumption that what is dreaded need not necessarily happen, or need not necessarily fail to happen, since the ultimate decision is within the province of G'ds will and Power. We are therefore asked by the Torah not to relate to anything from a fatalistic point of view. We are asked to fear Him, just because He is able to either halt or precipitate the very events which we dread. Fear is the opposite of resignation then. If one were to assume that misconduct by man would inevitably result in retribution by G'd, then fear, which is the catalyst of repentance, would be replaced by resignation, and repentance would become almost impossible. (Chagigah 15, telling about the apostate Elisha ben Avuyah is a prime example of this approach). The latter had heard that the gates of repentance would be closed to him, and had therefore lost his incentive to do penitence, and to re-acquire the yir-ah expected of us. In his prayer, during the inauguration ceremonies of the temple, king Solomon used this very argument, lema-an yira-ucha, in order that they may fear You as long as they live on this earth." (Kings I 8.37-40) Concerning this "fear,"- which is identical with faith,- Rabbi Chaninah proclaims that whereas all is within the power of Heaven, imbuing someone with this faith is not within the power of Heaven, but is solely up to the believer himself. For this reason, Abraham was given credit for having believed in the promise that he would sire children. "He believed G'd, and He considered it an act of righteousness on Abraham's part." (Genesis 15,6) This faith could not have been supplied by G'd, but had to be an act of willpower on the part of Abraham himself. He was the first philosopher who found his way to this yir-ah/emunah, as is recorded of him after the akeydah, the binding of Isaac. (Genesis 22,12) "For now I know that you are G'd fearing." After all, this is the goal of all our striving, as Solomon proclaims at the end of his book Kohelet: "In conlusison, after all is said and done, fear the Lord, observe His commandments because this is the sum total of being a human being " There is a third variety of fear that is composed of an intelligent awareness of the fact that if one does not take adequate precautions against known dangers, disastrous consequences may result. This fear, while recognising the dangers of inaction or lack of preparedness, is nevertheless not due to a fatalistic outlook. It is therefore fear, not resignation. The intelligence involved stems from the recognition of a free G'd as the ultimate cause of events, events which He can control, but that man can influence directly. If a king threatens a subject with jail unless said subject carries out certain orders, such conduct is autocratic and deprives the subject of any meaningful choice. If, on the other hand, the king points out that strike action by the subject would result in his losing income, his family going hungry etc., this would not really be called putting the subject under duress. A person doing the right thing under such circumstances falls into the category of "who is clever? he who can foresee the consequences." (Tamid 32) The fear experienced by such individuals is based on an intelligent appraisal of the options open to them in the long run. When Moses realised that his killing of the Egyptian had been witnessed, (Exodus 2,14) he became afraid, not resigned, and took action to escape the consequences. When our sages in Avot 3,21, say "where there is no wisdom, there is no fear, and where there is no fear, there cannot be any wisdom," this is what they had in mind. He who is intellectually unaware of what the future may hold, cannot relate to it with fear. On the other hand, he who is insensitive to what the future may hold, is obviously devoid of wisdom. Fear of the type described, is fear of becoming the architect of one's own misfortune, seeing that the Torah tells us that we will be punished for our sins. Since no one is completely free from sin, no one should be completely free from this fear. Just as an invalid whose doctor prescribes abstention from certain foods to avoid harming his condition, will not consider himself under compulsion, so a Jew whose Torah forbids matters which would endanger his physical and spiritual survival cannot consider himself as observing Torah under duress. In this way we understand Moses' address to the people at the time of matan Torah, the giving of the Torah, (Exodus chapter twenty) when he said "do not be afraid; in order to test you did the Lord come; and in order that the fear of Him shall be upon you so that you will not sin." (verse 17). Although, at first glance these lines seem self contradictory, the fact is that they are exhortations not to relate to G'd with the wrong kind of fear. The result of the revelation was that Israel realised that it was possible to witness the glory of G'd and yet to remain physically alive. We were elevated from the purely instinctive, animalistic dread. Our concepts were raised to a level that afforded us an inkling of His grandeur, not like the beasts around us. This kind of fear fills one with a degree of joy, as David expresses it in Psalm 2,11, "serve the Lord in fear, rejoice even while trembling." With this thought one can also resolve the contradiction in Psalm 76,9 "from the Heavens you have heard judgment, the earth was afraid and calm." How can calmness be a product of fear or vice versa? As long as the earth had not heard that Israel had accepted the Torah, she had been concerned about her own future. Once she heard that Israel had spoken the words "We shall do and we shall listen," the earth became calm, knowing her own future was assured. In other words, joy is the product of the right kind of fear at the right place at the right time. Going back to our opening Midrash, we can appreciate now how the attainment for the kind of fear we have described was truly a minor accomplishment for Moses. The Torah has taught us this concept meanwhile in so many ways, that we can no longer claim that the attainment of such "fear" as Moses achieved without the help of the Torah, is really such an unattainable goal for the Jewish masses who enjoy the benefit of Torah and its teachings.
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The "fear" described in our Parshah is not only permissible, but leads to "love." To illustrate the meaning of G'ds request, let us employ a parable. A person was asked to scale a skyscraper whose doors were all locked at the bottom, and which appeared impossible to enter. When the person reacted with resignation, throwing up his hands in despair, it was pointed out to him that the request had not been accompanied by a time limit, nor had it specified the means of entry to be used or the manner in which the skyscraper had to be climbed. By using an extension ladder, the task could be accomplished one section at a time, without undue hardship for the climber. This is exactly what the Torah means (Deut 30,12-13) "She is not in Heaven, not too difficult for you to achieve, but close by, attainable." It can be accomplished gradually, step by step. If G'd had asked us for angel like, immediate and total achievement, it would indeed have been difficult; but as it is, we are not asked to perform any task that we are not equipped to handle. The ladder that the Torah provides for climbing the skyscraper has several rungs. The "fear," without which no further ascent is possible. Even if one performs the mitzvot only because of fear of punishment, one is no worse than small children learning obedience. However, even this has ethical merit since it will lead to performance based on loftier motivations. Horiot 10, teaches "doing the right thing for the wrong reason, will eventually lead to doing the right thing for the right reason."
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"Behold the Heavens, and the Heavens of the Heavens, belong to the Lord, the earth and all there is therein." (10,14) This points out the difference between G'd and any other deities. Since the latter, not even laying claim to own the universe, cannot inspire "fear" as we have defined it, they are also unable to elevate man. G'd, by reason of His ownership of the universe, can claim obedience of all creatures. Should we ask that since He owns it all, what difference can one nation's claim to consideration by G'd make?, the answer given is "He only took a liking to your ancestors, to love them and their seed after them." (10,15) Even though the Jewish people are far from perfect, "like the lily amongst the thorns," G'd chose Israel because of its relative merit. By the time you have realised and appreciated the meaning of your national history, says Moses, you will have arrived at the stage of love for G'd. At that point performance of the mitzvot will no longer be an act of obedience, but an expression of your love for G'd the Lawgiver. Reviewing the whole chapter, one is forced to conclude that far from making impossible demands upon us, G'd is in fact granting us privileges. The etnachta, tone sign under the words "from you" in verse twelve, as well as under the word "today" in verse thirteen, supports our view that the lines between have to be read as if in parenthesis. The verse then reads "and now Israel what is it that the Lord asks of you this day; in order that you will be well off?..except to..." After all that, the passage describing the land of Israel as one that needs rainfall, as distinct from Egypt, is a reminder that even after attaining their reward and successful takeover of the land of Canaan, Divine help will continue to be needed. The land will only deliver its bounty to Israel when such Divine help is forthcoming. The second paragraph of the keriyat shema which follows, spells out the conditions for such Divine help, and the consequences should Israel fail to meet these conditions.
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Behold, I set before you this day" etc.
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Midrash Rabbah Parshat Re-ay 3, quotes Rabbi Eleazar concerning the verse "look I have placed before you this day blessing and curse." (Deut. 11,26) "From the day G'd uttered these words at Sinai, good and evil no longer emanate from Him, but evil comes of its own accord to thoses who act wickedly, whereas good comes of its own accord to those who act righteously." Rabbi Chagai says "not only did I offer you two paths, but I set you on the right path, something beyond the requirements of justice, since the Torah had only written "choose life!"
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It is well known that no act is carried out successfully unless the one carrying it out possesses a) the physical ability to carry out that act; b) has the will to carry it out; c) has the technical knowhow to execute what he plans to do. The ability to do good or evil is common to everyone from birth. (See Isaiah 7,15) "He will eat butter and honey when he knowingly rejects evil and chooses good." The willpower to do good is only found in those to whom G'd has granted a measure of wisdom, and who possess fear of the Lord. Even if a person is able to do the right thing, and is possessed of an urge to do the right thing, he will still not make much pogress. The true choice of what action to take exists only if the one doing the choosing is fully aware of the impact of what he is about to do. Freedom of choice is useless if one does not possess the criteria to evaluate the choices that exist. Whenever the Torah mentions bechirah, choice, it gives advice as to what choice is to be made, so as to ensure that we are equipped to make the right choice. The emphasis the Torah employs in giving this advice is in proportion to the importance of the choice to be made. Crucial decisions rate extra advice on the subject, even repetition of that advice. In this way the consequences of making the wrong decision are pointed out by describing the penalties in store or the reward to be obtained by making the right decision. Intelligent persons, therefore, are careful to live according to the advice proffered, and to avoid at all cost any action in defiance of such advice. When danger is evident, the circumspect act like David at the Court of Avimelech, not like Gedalyah ben Achikom who had been warned that Ishmael ben Netanyah would assassinate him. This is especially so when one confronts hidden dangers, i.e. innocent looking exteriors behind which deadly poison is hidden. Sotah 22, has Yannai saying "more than anything beware of the hypocrites, they are worse than the Pharisees or the Libertines." Solomon describes the futility of the plans of the sinners, plans which will backfire. (Proverbs 1,19) Similarly, the Torah advises against the path of the wicked. The passage in Proverbs cannot be part of the invitation of the violent people to join them, since, far from enumerating advantages, it warns of the pitfalls involved. (verse 12) The verse could be interpreted as an invitation to despoil the spoilers, since he who steals from the thief is not culpable. Solomon's advice then would be not to follow such a path, since one is not to trust anyone whose trademark is thievery and violence. Their promise of easy gain would soon be revealed as hollow, incapable of fulfilment, so that all the effort expended in pursuit of such endeavours will prove fruitless.
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However, we suggest a different interpretation. Solomon employs the most common teaching method. One teaches the unknown by relating it to the known. The way to do this is to explain that deeds, the culpability for which is not known, are equivalent to deeds the culpability for which is well known. The process of teaching proceeds step by step. It is not generally accepted that refusing to extend help to a fellow human being is equivalent to denying that one has received an object for safekeeping. It is not generally accepted that denying receipt of an object for safekeeping is equivalent to robbery or burglary. Again, it is not generally accepted that stealing is just as serious a crime as is murder. Our sages therefore frequently illustrate such points by employing what appears to be exaggerated language. (Sotah 4) "A haughty person is equivalent to an idol worshipper"; "someone who shames his fellow man in public is like having shed the blood of his fellow man." (Baba Metzia 58) This too is the method chosen by Solomon in Proverbs chapter 1. "when sinners invite you to participate in the well known sins of murder, violence, robbery etc., remember that all who are greedy for profit are really treading the same path as these proverbial crooks whose misdeeds are condemned by everyone. Beware of the unknown evil." This means that suggestions from known evil doers, even if apparently harmless, harbour evil;- "do not be willing!" Most dangerous of all is the pursuit of transient gains like money etc., the pursuit of which "will take hold of the soul of its owner", will wind up costing the pursuer his very life. The more these phenomena are part of our daily lives, the more insiduous their lure, the harder it is to avoid being snared by them. Therefore, the antidote has to be more powerful to be able to ward off the danger inherent in the lure of the chase after betza profit. The evil urge employs three basic arguments in order to entice its victim. 1) No harm will come from accepting its advice. 2) One is merely doing what is natural. 3) Following its advice means promoting one's best interests. The book of Proverbs is devoted to warn against these temptations. An example of a victim of these temptations is Eve, the first woman. "Eve saw that the tree was good as food" i.e. it could not be poisonous (no harm will come to one who eats it); "that it was appealing to the eye", i.e. she was attracted to it naturally, and thirdly "and appeared desirable", i.e. from a functional point of view. (Genesis 3,6) The Torah mentions the temptation by the snake only as a secondary factor. The snake's argument merely set in motion the three standard ploys of the yetzer hara, the evil urge. Eve convinced herself. The Torah does not describe her as being unable to withstand the blandishments of the serpent. In chapter five of Proverbs, Solomon continues to warn against these temptations often dressed up as the lure of an attractive woman whose lips drip honey, whose mouth is smoother than oil, who in the end however, proves as sharp as a double edged sword. Also in Kohelet chapter nine, the tempter is described as saying "go eat your bread in joy, enjoy life with a woman you love." This is innocuous sounding advice which hides the danger since it is garbed in recommending only what is permitted.
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Since it is the Torah's purpose to warn against all these temptations, Torah being the antidote is known by three names corresponding to the three types of temptation. "Chayim," life, "Torah," teaching, " mussar, 'discipline. Inasmuch as Torah is the antidote against all dangers, it is called "life." "For she is your life." (Deut. 32,47 et al) Inasmuch as Torah is the antidote to all deceptions and misrepresentations, it is called "a teaching", "instruction", something that teaches true values. Inasmuch as Torah is the antidote against bad habits and a tendency to indulge oneself, it is called "a discipline." "Know this day that just as a father disciplines his son, so your G'd disciplines you." (Deut. 8,5 et al) Solomon sums it up in Proverbs 6,23, "for the commandment is a lamp, the law is light itself, and reproofs are the way of life." Only the pursuit of all three aspects of Torah will guarantee man the proper exercise of free choice granted him by his Maker.
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Our Parshah addresses itself to this very problem. The way to salvation is the straight and narrow, whereas the alternative is threefold. "The blessing, that you listen to the commandments of the Lord your G'd." (11,26) However, the curse "you do not listen, you depart from the path- to follow other deities whom you have not known." (11,28) At Sinai we were given three imperatives. " anochi, I am the Lord; lo yihyeh, have no other deities; zachor et yom hashabbat lekadsho, remember the Sabbath day to keep it holy. It is these three commandments that remind us that there is a hashgachah peratit, personal Divine Providence that guides our lives here on earth. Ever since Eve had sinned, true freedom has been denied man since the yetzer hara, evil temptation has gained entry into man through her to all subsequent generations, leaving us with less than a fifty-fifty chance to totally defeat the temptation to do evil. But now, after Sinai, that chance had been restored. This is the meaning of Rabbi Eleazar who said that from now on we are the architects of our own evil if we choose the wrong path. Between the time of Eve and Sinai, men were fatalists to whom doing good made no sense, since they were convinced that history was decreed and the future unalterable. As long as the belief existed that all had been pre-ordained, all good and evil emanated from Heaven. Only when the Jewish people were disabused of the idea that all had been pre-ordained, did good and evil, reward and punishment truly become man's choice. The reversal in man's fatalistic outlook on life began with Abraham, of course. In our Parshah, G'd not only offers the choice, but almost makes sure that we make the right choice by telling us to choose life. (chapter 30) All of mankind may be viewed as guests at G'ds table. Because of the special relationship that exists between Israel and G'd, the former is offered a choice portion by having its attention directed towards it without depriving Israel of the ultimate decision of what to opt for. "You shall choose!" (Deut.30,19) The public declaration at Mount Gerizim and Mount Eyvol immediately following the conquest of the land, point to the urgency of assimilating this lesson especially in the land of Israel, which, since it is under the unceasing surveillance of G'd will not long tolerate non observance of the mitzvot. This is in contrast to Egypt, where pursuit of a hedonistic way of life went unpunished for long periods of time. The first task is destruction of all vestiges of idol worship remaining. Therefore, (12,2) "destroy utterly all the places that served as centres of idol worship." Next comes the need to establish a central place of worship, to minimise the opportunities for any deviationist movements within Judaism. At any rate the message is that it is not man who chooses where he wants to worship, but G'd determines where and when He can be successfully prayed to. After that, the Torah limits sacrificial service to the central site of worship, and states that only certain types of animals will be acceptable as potential sacrifices. In this way, many abominations practiced by the pagans were eliminated as a form of worship, foremost among them child sacrifice. Since a great part of the animal offerings were concentrated on the various holy days that involved pilgrimage to the temple by all males, the Torah stresses that on such joyous occasions the less fortunate must not be forgotten, and must be made to share in these expressions of joy. For that reason, the Levite, the stranger, (convert to Judaism), the widow and the orphan are especially mentioned. Since the true measure of acknowledging G'd lies in one's appreciation of G'ds tremendous generosity to man, man can reflect this pious feeling only by extending his own generosity towards the less fortunate in his society. In order to underscore the serious nature of the sin of idol worship, the Torah reminds us once more that the former inhabitants of Canaan were dispossessed and destroyed because they indulged in these abominable practices. Not only was their philosophy faulty, even their deeds were corrupt, involving sacrificing their own children. We are asked not even to investigate their actions or to enquire into the reasons underlying their philosophy. A second danger the Jewish people may be faced with in their new home, is the call of the false prophet to deviate from the path of tradition. Coming as it does from someone who may have acquired the reputation of being a prophet, such danger is very real indeed. The Torah warns that the surfacing of such people advocating practices inimical to normative Judaism is a test of our faith in G'd, our loyalty, and must be reacted to a such. The third danger, and by far the most difficult to combat, is seduction by one's intimate friends and relatives. (13,7) "When your brother, son or daughter tries to seduce you, privately, saying let us worship other deities that you have not known." We are warned to ignore sentiments of protectiveness for the welfare of family in such cases, and to bring such people to justice. We must not corrupt our sense of pity by applying it to the undeserving. Only when we do not abuse feelings of mercy, pity etc. can we in turn expect the Almighty to employ His sense of pity, mercy etc. when we are in need of it. When G'd sees that we deal with cities in which idol worship has become rampant, according to Torah law, then His wrath that such things have been allowed to happen can be assuaged. Actually, display of sympathy for the corrupt few is equivalent to subjecting the majority to their evil machinations. Cruelty,- if such it be- must be reserved for use against unrepentant sinners. G'ds purpose in educating us, is to eliminate negative character traits and elevate us to a level of banim attem tashem elokeychem, you are true children of the Lord your G'd. We would almost cease to be beney adam, "sons of man," and become "sons of G'd" instead. The fact that the Jewish people or G'd are referred to as children, daughter, mother and sister in their reciprocal relationship in various places in the Bible, indicates that the intimacy of such relationship undergoes changes. Psalms 45,11, speaks of "hearken daughter and see!." Song of Songs 3,11, speaks of "the crown with which his mother crowned him on the day of his wedding." Song of Songs 4,12 speaks of "My sister is like a fenced in garden." The relationship between Israel and its G'd is one that should become progressively more intimate. For these reasons, "do not make incisions on yourselves," is to remind us that the loss of human relatives notwithstanding, the continued presence of G'd, who represents to us all the above listed human relationships, must help us put any personal grief over the loss of dear ones into its proper perspective, and not to "cut ourselves up" over such loss. When members of one's family die,- seeing that theirs was the same relationship with G'd as ours-, He has suffered a loss similar to ours, and it is not fitting therefore for us to disfigure ourselves as a sign of mourning. "Do not make a bald spot on your forehead." (14, 1)This is the true meaning of the verse "for you are a holy nation to the Lord your G'd." (14,2) See our commentary in Parshat Emor. The reason this legislation follows that of the ir hanidachat, the city of idol worshippers that has to be destroyed, is to remind us that inflicting wounds upon one's body in mourning, for people who died as a result of punishment for such sins as idol worship, is just as wrong as treating such people with less than the full force of the law. Finally, to reinforce the holy character of the Jewish people, and to insure their continued adherence to Torah standards, the legislation concerning forbidden foods is appended.
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"You shall surely tithe"
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The Talmud Makkot 27, relates: The Sanhedrin, Supreme Court, made three decrees which were approved by the celestial Court subsequently. 1) Public reading of megillat Esther on an annual basis. It says in Esther 9,27, "the Jews confirmed and took upon themselves," meaning their observance was approved from on high, because they had accepted it down below. 2) The giving of tithes of such products as vegetables. This law was not written in the Torah which requires tithes to be given only from dagan, cereal products, grapes and oil. We read in Chronicles II 31,5, "in accordance with the king's urgings, the Israelites brought large quantities of their grain, wine and oil tithes." In Maleachi 3,10, we read "bring all the tithes to the treasure house, and it shall be food in My house." 3) The use of the Lord's name in greeting between people. (Ruth 2) "Boaz would say to the harvesters "may Gd be with you," and they would reply "may the Lord bless you." We read in Judges 6,12 "and the angel of G'd said to Gideon "may the Lord be with you, man of valour." Why did the book of Judges have to report this greeting by the angel? In case we thought that Boaz had acted without Heavenly approval in using the name of the Lord, this shows that Heaven approved his conduct.
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While it is a truism that G'ds love for man preceded man's love for Him,- since without the ability to recognise certain truths man could never hope to become a servant of the Lord,- such demonstration of G'ds love for man did not prejudice man's freedom of choice. When we read in Genesis 18, 18, "I have loved him...so that he will command his sons and his household after him to observe the way of the Lord to do righteousness and justice," G'd means that He has created man in a manner that would insure that man would instruct his offspring to observe traditional values. By the same token, however, man has also been equipped in a manner that enables him to reject the ways of G'd so that he can enjoy true freedom of choice.
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The references to man as beloved of G'd do not mean that the love of G'd was demonstrated before its recipient had demonstrated some personal accomplishment in the field of yir-at shamayim, fear of Heaven. All men are created with equal opportunity in this respect, though G'd provides blandishments to attract those who choose His way, whereas no incentives are provided for the potential sinner. The fact that we find ba-aley teshuvah, repentant sinners on the one hand and on the other hand one encounters people who have lived a devout life most of their years only to suddenly forsake that path, shows clearly that we are all free agents in this respect. The initial amount of Divine love each person is endowed with at birth, is augmented as man pursues the path of righteousness. emet me-eretz titzmach, truth grows from the earth. (Psalms 85,12) This means the recognition of truth is rooted in our world. "Righteousness however, is subsequently looking down from above." Solomon's prayer at the beginning of his career, (Kings I 3,6) is the best illustration of our contention. Solomon said: "You have done great kindness with Your servant David my father, when he walked before You in truth and righteousness and with upright heart; You preserved this kindness for him, and gave him a son who sits on his throne as of this day." Solomon talks of two acts of kindness by G'd. The first is the kindness extended to all men at birth, the second that which accrued due to David's personal conduct. In chapter sixteen we have explained in detail why in the case of Abraham, G'ds special love is reported before we know of Abraham's good deeds. The initial endowment of man by G'd at birth can be divided into three categories. 1) The physical aspect; the gift of life, a sound body. 2) Endowment with certain character tendencies that will help to smooth his path in life. 3) Endowment with certain intellectual powers. When we quoted the Talmud in Makkot at the outset, the three types of decrees the rabbis instituted may reflect these three categories. (1) The reading of the megillah annually, is an act of appreciation that our physical lives had been preserved at the time of Haman. When Jews found that this basic gift of G'd had become endangered, they did penitence, a gift G'd had granted mankind prior to man having been created. This act therefore awakens the bond that links man to G'd. By fasting, i.e. denying oneself the needs of the body, Jews atoned for having indulged their bodies at the feast of Ahasverus some years previously. (2) When the Rabbis expanded the tithes legislation, they imposed restraints on certain character traits, primarily greed. The giving of alms is proof that one is able to restrain one's natural greed. Once man makes a move in this direction, he can be sure that G'ds kindness will respond in equal or even far greater measure. Also, the dispensation of alms, tithes, on a regular basis, eventually results in such acts of kindness becoming part of our very nature. When one observes good deeds being performed, one cannot always be sure of the motive of the person performing such good deeds. It may be an outgrowth of a mature personality, or it may still be motivated by ulterior considerations. The only criterion that offers guidance in this respect is the donor's facial expression at the time he performs the deed of kindness. If he seems to genuinely enjoy performing the deed, we can be sure he has attained the personality level when this mitzvah has become a natural for him. Such a person is called nadiv, generous, the other kind is merely called noten, a donor. David expressed this thought very clearly in Chronicles I 29,17. After having acknowledged that all the silver and gold man has amassed is in truth G'ds, he continues "and I am aware my Lord that you examine the heart, that you are desirous of uprightness; I have donated all these items from the uprightness of my heart; and now Your people present here, I have observed that they donate for You joyfully." G'd can tell motivation by examining the heart. David only has the venue of watching people's faces when they make their donations to tell how genuine their motivation may be. The verse commencing with the words asser te-asser, tithe repeatedly, (14,22) just like the words naton titten, give repeatedly, (14, 10) reminds us that only repeated action of that kind leads to generous gestures becoming second nature to us. Alternately, the repetition could mean that for every act of generosity we perform, a compensating act is performed in Heaven.
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(3) Offering greetings by using the name of G'd, indicates man's intellectual awareness that without the blessing of G'd and our proximity to Him, all our intellectual powers would be to no avail. Here too, once the recognition and practical expression of this truth has been demonstrated by man, Heaven in turn, responds and ensures that man will not lose that awareness, but will feel ever closer to G'd. The reply by Boaz's farmhands "may the Lord bless you," then expressed their wish that Boaz who had displayed this awareness by his own initiative, would be granted further blessing by hashem as a result.
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Some problems in the text of our Parshah. 1) How do we explain the statement in Taanit 9, that the meaning of asser te-asser is "give tithes in order that you will be enriched?" This statement seems completely at variance with our outlook, when the same Talmud in Nedarim 62, teaches "man should not say that he is studying Torah in order to become rich," and the same no doubt applies to the performance of other mitzvot? 2) If the Torah says on the one hand "so that there will not be a destitute amongst you" (15,4), and in verse eleven of the same chapter the Torah says "but the destitute will not cease in your land," how does one reconcile these two statements? 3) Verse seventeen states "and he shall be your servant forever, and also to your servant maid you shall do likewise." This line needs elaboration. 4) What is meant in verse eighteen by the words "for he has served you twofold during the six years?"
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"You shall surely tithe"
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(1) The Talmud in Taanit 9, relates that once, when Rabbi Yochanan met the young Rabbi Shimon ben Lakish, he asked him what verse of scripture he had learned that day. The boy replied "asser te-asser.” The boy then asked Rabbi Yochanan to explain the verse to him, and the latter explained asser bishvil she-titasher, give tithes in order that you may become rich. Thereupon the boy asked Rabbi Yochanan "who has given permission to put G'd to the test"? Rabbi Yochanan told him in the name of Rabbi Oshiyah that this instance is an exception. The prophet Maleachi declares in the name of G'd: "bring all your tithes to the treasury of G'd, and if you try Me in this way, watch if I will not open for you all the windows of heaven and pour out a blessing of infinite dimension." (Maleachi 3,10) The boy said: "if I had already studied this verse, I would not have needed Rabbi Oshiyah to explain this to me."
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Something which appears impossible when viewed within a narrow context, may nevertheless be found possible when viewed within a larger context. Although in Proverbs 24,11, Solomons states "sometimes dispersal may result in additional accumulation," meaning that even in accordance with natural law, there can be results which seem quite the opposite of what the original action had called for, we need to approach the problem on a different plane. Although according to the ways of providence, i.e. hashgachah peratit, the trial method is forbidden, when one combines both principles known from natural law and principles of hashgachah peratit, the statement of our sages will be seen to be correct. Remembering that deeds performed on a regular basis, make such deeds second nature to the one who performs them regularly, i.e. they become natural and therefore evoke responses from G'd as a kind of encouragement, the receipt of ever increasing quantities of G'ds largesse will not be seen as something unusual. It is essential that the primary motivation for performing the good deed, i.e. tithing, had not been the reward expected. The result of generous behaviour then is the exact opposite of the miser described in Berachot 3, who became progressively more impoverished until he was described as kohen, i.e. the recipient of hand outs instead of remaining a donor. The Talmud based this interpretation on the verse in Numbers 5,10, "a man's holy things will remain his." The child in our story had already recognised that in money matters, the apparent paradox is true., i.e miserliness results in loss of one's wealth. Generosity to the poor, on the other hand will result in increasing wealth. It is the acquisition of the good and moral characteristics that result in G'ds response, not the experiment to test G'ds keeping His promise. It also teaches that trying to hold on to one's money is no insurance against loss. The Midrash in Parshat Eykev describes Rabbi Pinchas as getting rid of the mice in a mice infested town by persuading the inhabitants to give their tithes. -lema-an tifmad le-yir-ah, in order that you may learn to fear. This mitzvah is designed to implant true yir-at shamayim, since the giving away of hard earned produce needs disciplining oneself, something that man can only achieve through steady habit. When the unexpected result is increased wealth instead of impoverishment, true faith in G'd will be acquired. The shemittah legislation (law to let your field lie fallow every seven years) follows, as well as the laws about not demanding repayment of overdue interest free loans which have been cancelled by the advent of the shemittah year. These are all additional demands made on the Jew to train him in the habit of foregoing what he might rightfully have considered his. Permission to charge gentiles interest on loans extended to them, and not to release overdue loans in the shemittah year, is a concession to our natural instincts. Only in this way can one prove one's restraint in money matters when dealing with a fellow Jew. There is, however, a proviso. Should you be afraid that the calls on your willingness to extend interest free loans will become too frequent, and will occur at times when the borrower can easily avail himself of the shemittah year cancelling his indebtednes to you, the Torah assures the potential lender "there will hardly be a destitute person since the Lord will bless you collectively." No one will be that destitute that he has to default on loans extended to him. Therefore, you will not really face any losses due to this legislation. In effect, therefore, what sounds at first glance like a colossal demand on our generosity, will in fact prove to be quite minor and insignificant. Therefore, the Torah continues "if you will listen," you will be in a position to extend loans to many nations, have spare capital that you can employ profitably. (2) "There will not cease to be destitutes in the land" This refers to gentiles, the ones to whom you can lend charging interest. . However, there will not be destitutes amongst you, meaning your own fellow Jews. "You will rule over many nations, and they will not rule over you." (15,6) If you have to assert your authority over your own people instead of asserting it over other nations, that is a tragedy, not a blessing. U-vecha lo yimsholu. The meaning of these words is "no overlordship of one Jew over another Jew." This is also the subject matter of the High Priest's prayer on the Day of Atonement when he enters the sanctuary. Details about the character building properties of the shemittah legislation, have been discussed in chapter sixty nine. All the examples the Torah lists in the event ki yihyeh becha evyon, if there is a destitute in your midst, are based on the assumption of ki yihyeh becha chet, if sin is rampant amongst you, if you are remiss in some way. Economic hardship amongst you is evidence of social wrongs being committed within your society, such as non observance of the shemittah legislation or the ma-asser legislation. Should you fail to respond to the request of the poor,- though he may not be in a position to demand something from you legally,- and should he complain to G'd about your attitude, about G'd having granted wealth to such tightfisted people, his plea will result in ve-hayah becha chet, sin will be found in you. You will then be to blame for the chilul hashem, desecration of the Lord's name by causing the poor to question G'ds justice! Therefore, the Torah urges you not only to give, but to give gladly! When the Torah says al yera levavcha betitcha lo, do not be displeased when you donate to him, this refers to those people to whom "giving" has not yet become a habit. After the third time, one establishes a habit, i.e. chazakah. The Talmud on this matter can be understood quite literally. The first donation, being an exceptional act, hardly counts in establishing a pattern of giving. The second donation may arouse feelings of displeasure. Only by the time one donates a third time, can the act be construed as truly positive, from a character building point of view. From that point on, the satisfaction felt when giving increases. See Chronicles I, 29, 9, "the people rejoiced when they donated." Since these actions are character building, the Torah says "for the sake of this thing the Lord will bless you in all your undertakings." (15,10) The word ma-assim, unless applied to specific actions, always means deeds that are character building, ki lo yechdal becha evyon, "for there will never be an absence of destitutes." The presence of the destitute enables the wealthy to improve his character. We observe many people who feel superior when they see a poor man in tattered clothing; people feel superior when they encounter someone of unbalanced mind. This is wrong, of course, and one way of curing a person from such a distorted viewpoint is to enjoin him to help the destitute in such manner as to bring him up to his own socio economic level. (dey machsoro, verse 8) One's attitude should not be one of revulsion at having to help an inferior person, and by so doing wiping out the social gap between him and you. The destitute gentile in your country then will be the catalyst that ensures that you do not allow a fellow Jew to fall into economic distress. If a situation has arisen however, when a fellow Jew has been sold into service to you, your treatment of him must demonstrate that you do not view him as inferior to you in any way. (Kidushim 15) He does nof receive inferior food, perform menial tasks, have inferior bedding, or even drink poorer quality wine. You also provide him with capital so that he can establish himself independently once his years in your employ are over. Since all this sounds quite demanding, the Torah adds a rationale. "Remember! you yourself used to be a slave in Egypt; the Lord your G'd freed you. Therefore, I can command you this matter this day!" (verse 15) The recollection of the Jewish experience in Egypt serves two purposes. 1) G'd who became your Master is entitled to order you to do the things that are easy as well as the ones that seem hard on you. 2) Your experience enables you to feel empathy with slaves and to understand their despair. This will help you to do what is asked of you. (3) If you treat the servant in the manner the Torah prescribes, he may at the end of the term of service have grown to love you, and be anxious to remain your servant for the rest of his life. If this thought prompted you to treat him so, remember you have to treat a servant maid in the same manner, although in her case, continued service in your household under such conditions is not permitted. (4) Whichever way things turn out, the end of the term of service should not become a source of bad feeling for you. Since a day labourer hires himself out only for the daylight hours, the night being completely his own, the situation of the servant who must remain in service during six years makes him subservient to you at nightime also. Should his employer call on him to perform certain tasks at night, the servant is obliged to do so. In this way the servant really rendered the master double the service of a hired hand, mishneh sechar sachir, that an ordinary labourer would render for that amount of pay. The passage commencing with verse nineteen, warns against abuses of the firstborn that can occur easily through oversight. Either the priest works the animal before he slaughters it, or the owner has worked it before handing it over to the priest. Other aspects of this passage have been dealt with on the occasion the subject had first come up. Ve-hayita ach sameach, be only joyful. The word "only" reveals that joy must not replace "fear," reverence, but that the two have to go hand in hand. The expression ach is always a limitation of some kind. The commandment of the pilgrimage to Jerusalem is to accomplish three purposes. 1) To thank G'd for our liberation from Egypt. 2) Renewed experience of the miracles constantly occurring in Jerusalem, which strengthen one's faith. 3) Strengthening the feeling of brotherhood among the entire nation. Socialising on joyous occasions helps reinforce this bond. This occurs in even greater degree every seven years at hak-hel, when not only the males but the entire nation meets in Jerusalem for the festival of sukkot, Tabernacles.
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When you say "I wish to appoint a king for myself."
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The Sifri on our Parshah comments: Whence do we know that a tribunal must be appointed that is competent to judge the whole nation?- because the Torah writes "Judges shall you appoint for yourselves" How do we know that police are to be appointed throughout the land,? because the Torah states "policemen you shall appoint for yourselves in all your gates." How do we know that a Chief is to be appointed over them all;? because it says titten lecha, place over yourself. It also says in Chronicles II 19,11, "Sevadjah son of Yishmael chieftain over Yehudah by the authority of the king, and the Levites will be policemen over you."
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Just as the conduct of a successful household is based on the moclel of the first natural habitat of man, namely his own body, so the conduct of a successful state is based on similar principles. G'd constructed man like a twin tower, with two pillars as his base. He made various chambers in the upper part of the structure. (torso)
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Solomon, in Proverbs, is a leading exponent of the significance of this structure. In chapter 30,21, he says "For three things the earth does quake, four it cannot endure. A slave when he becomes king; a scoundrel sated with food; a loathsome woman who gets married and a handmaid that is heir to her mistress." He describes natural processes as being a model for mechanical, artificial processes employed in the running of a household. There are four basic forces that need to be present and employed properly to ensure that a household runs smoothly. The body requires food to ensure its proper function. To that end, 1) the food needs to be channelled to all parts of the body. 2) There has to be a storage area for this food to preserve it in prime condition until it is needed to perform its function. 3) There is need for the power to break down the food, digest it etc. 4) There is need for the power to distribute the usable part of the food and expel the unusable part from the body. One may conceive of these four mechanisms as ministers who preside over a household. As long as each minister performs his specific function, the household will run smoothly. Neglect of his duties by even one of the ministers, brings in its wake disease and eventual collapse. (see Kohelet 12,3) In the mechanically operated household, there have to be four forces corresponding to those present in the natural household, i.e. the body, in order to ensure its smooth operation. Amongst men, four categories of vocations correspond to the four categories in the household team described. There is the hunter, who ensures the availability of a food and clothing supply. There are storage experts who know how to preserve supplies in good condition until these supplies are needed. There is need for a cook, i.e. a person who knows how to prepare the food so that it is both edible and digestible; clothing has to be made fit to wear. Finally, there is need for someone to distribute food and clothing fairly to all members of the household, and to arrange for disposal of any excess or waste products. Solomon refers to the inadequacies of three of these "ministers" when he says "the earth quakes." He refers to the failure of the fourth "minister" when he describes the earth as collapsing. Having established the principle, Solomon elaborates. Concerning the failure of the first "minister," he says "when the slave becomes the ruler." The slave's function is to go out and get supplies for the house to make these available to the household members. When he remains inside, instead of performing his duties, this act of insubordination is the first link in a chain leading to the breakdown of the whole meshek, economy. Jacob sent his sons to Egypt in order to forestall such a breakdown. The second "minister," if absent or inefficient, is "a miser who claims to be sated." When the one in charge of supplies is miserly in allocating same, he endangers the well being of all those entrusted to his care. When he who always claims not to have enough, claims to have ample, that is a reversal of his traditional function and signals danger. This was Jacob's complaint when it seemed to him that his sons were delaying the return trip to Egypt unduly, appearing to consider their supplies as ample. (Genesis 43,2) The third "minister" that must not be upset, is the wife of inferior status, the concubine. When a man has more than one wife, the task of grinding, cooking and baking is generally allocated to the less favoured of his wives, whereas his favoured wife is pampered, not having to perform menial tasks. When this arrangement is upset, and the concubine competes with her rival, both being idle, the kitchen will be neglected in the process. The whole household is then threatened with collapse. The fourth "minister" is the maid. When she, instead of performing her duties of disposing of waste products etc., assumes the function of her mistress and distributes supplies to each member of the household, the household will break down in short order, since there is no one to perform the menial tasks. Moreover, as soon as distribution of the supplies is entrusted to the hands of the unqualified, the deserving will wind up getting less than their fair share, whereas the undeserving will receive more than they can usefully absorb. This undermines everyone's well being, of course.
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All this is a parallel to the "natural" household, i.e. living creatures whose continued health depends on the correct sequence and manner of receiving their respective energy supplies, both in their proper quantity and quality. In our analogy of the four kinds of functions or "servants" that are active in the body/household/nation respectively, the underlying assumption has been that we owe allegiance to a central authority. In the case of the body, the central authority is the heart. Similarly, in the case of the nation the central authority to whom we owe allegiance would be the king. Unless there is such a central authority, a country will not prosper, just as a household without a head, or a body without a heart cannot function. The reason Solomon lists several such foursomes in Proverbs chapter thirty, is to repeat the analogy of body, household and nation. We can understand that Moses was anxious for G'd to appoint a single successor, displaying due regard for the welfare of the nation as a whole. At the same time, however, Solomon tells us "a king must base the country on a rule of justice; a man receptive to gifts (bribes) would ruin it." (Proverbs 29,4) A king who accepts bribes is worse than no leadership at all, will bring about ruin at an accelerated pace. Leadership in the animal kingdom is so natural, that the Talmud states that the king of the domesticated animals is the ox, whereas amongst the free roaming beasts the lion is king, the leader amongst the birds being the eagle. Although the locusts and the ants seem to manage without leadership, a nation devoid of leadership is likely to become prey to all kinds of invaders, and even the defence against attackers is no one's concern except those directly under attack. There is then no collective defence. The book of Judges is full of examples of such a state of affairs and the tragic consequences thereof. "In those days everyone did whatever seemed good in their eyes, there was no king in Israel." (Judges 21,25) Since we conceive of G'ds Personal Providence as supplemental to our own intelligent efforts, whenever our own efforts are lacking, we cannot expect Divine assistance to crown our own handiwork. The Torah therefore establishes rules about how central authority and law enforcement is to work. This culminates in the appointment of a king "whom G'd will choose," (Deut 17,15) as distinct from other nations where the king reflects at best vox populi, and at worst dictatorship against the will of the people. The appointment of the right kind of king ensures that the nation is not merely the sum total of its individual households, but becomes one single vast household in the process. The distinctiveness of the Jewish nation lies in the fact that it possesses the kind of human leadership which will ensure the presence of Divine leadership at the same time. In view of the aforesaid, and even assuming that the words " som tassim alecha melech," would constitute only permission to appoint a king and not be a commandment to do so, the behaviour of the prophet Samuel when Israel asked for a king needs much clarification. (see Samuel I chapter 8) If at first glance, the Jewish people appear disadvantaged by not having a king compared to the nations surrounding them, the eventual appointment of a king must do more than just give them equal status with the gentile nations. The institution of the monarchy must be elevated to a higher level than that prevailing in neighbouring countries. Failure of the Jewish people to understand this, led the prophet to articulate his frustration when the people demanded that he appoint a king for them. In that context, even G'ds attitude seems confusing. On the one hand, He helped Samuel to find the person chosen to become king, on the other hand, He told Samuel that it was His leadership the people had rejected, when they asked for a king, not Samuel's. What was it then that prompted Samuel to give in to the request of the people? (verse 11 onwards)
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We must look for the answer in the manner the people had demanded to have a king. Had the people requested a king at the time they had entered the land of Israel in order to help them conquer the land, and to compensate for lack of Divine assistance due to their sinfulness, that would not have aroused Samuel's anger. After all, our Parshah says " when you come into the land and say "I want to appoint a King." (Deut 17,14) When their declared purpose however, was rule by a king rather than by Samuel the prophet, this indicated that they rejected religious leadership in favour of secular rule. The operative clause in their request, and therefore the offensive one, was "a king to judge us like all other nations" (verse 5)
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This is why G'd drew Samuel's attention to this detail when He said "listen to the voice of the words of the people. They reject Me, not you." For that reason precisely, Samuel spells out to the people (chapter 12,20 and onwards) that there could hardly be a greater insult that they could have handed to G'd than to express dissatisfaction with the deliverance by supernatural means and their preference for having to engage in conventional warfare like other nations. Only after the people had acknowledged their grave error, did Samuel reassure them. (at the end of that chapter)
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If our portion is written in the present tense, describing future requests by the Jewish people, it alludes to the events in Samuel's time. Even the very words "like all the other nations," are a hint of things to come. This provides the clue to understanding why the people's request was granted. It had been foreseen and foretold so long ago. The fact that Israel's misconduct is repeatedly explained by the verse "in those days there was no king in Israel," is ample evidence that the institution of a monarchy itself was deemed desirable. The people had to be disabused of the idea however, that their troubles were due to their not having a king to lead them rather than to the fact that they had been disobedient to G'd. Samuel spelled out to them that a king's success would be contingent on their being obedient to G'ds laws. He added that in the event of disobedience to G'd by either the king or the nation, they would not only have to suffer the yoke of foreign oppression but also the yoke of their own king. When Samuel used the example of rain falling during the summer season as proof that their attitude had not met with G'ds approval, he meant to teach them another lesson. Rain during the summer is not only not a blessing, it is an impediment for the farmer in Israel. True, it might provide temporary relief from intense heat, but its long term effect would be negative. Similarly, the temporary relief from foreign invaders that the appointment of a king would bring in its wake, would be outweighed by the many negative factors, such as interference with the gathering in of the harvest for instance- that establishment of a monarchy would bring in its wake. The Sifri quoted at the beginning of the chapter seems to feel that each city requires a central government, i.e. authority. The point of Rabbi Yehudah then would be that in addition to that, the nation as a whole requires a central authority, something in addition to the many local authorities. Legislators, judges and law enforcement officers, police, between them constitute what is known as ruach eytza u-gevurah, a spirit of counsel and might. Since judges are frequently referred to by the Torah as elohim, i.e. as performing functions similar to the judicial functions of G'd Himself, namely re-establishing harmony where same had been lacking, one can imagine the dire consequences if these functions were to be performed piecemeal by competing authorities. The syndrome of everyone doing his own thing, will be avoided once a central authority is appointed. The more comprehensive the areas in which the king displays his leadership, the closer his function becomes to that of the Almighty Himself. The eglah arufah passage at the end of the Parshah illustrates that matters which appear to be of purely local significance, such as the finding of the corpse of a murdered person on the wayside, are, in the last analysis a national issue.
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Some problems in the text of our Parshah. 1) Why does the Torah need to legislate a principle such as the monarchy, something which is in world wide use already? 2) What is the logical connection between such diverse commandments as "do not plant for yourself a nature retreat for worship purpose," and "do not offer a blemished animal as a sacrifice"? (Deut. 16,22 and 17,1) 3) Why is the authority of the Sanhedrin (highest Court) such that in the words of the Sifri: "if they declare left to be right and right to be left" it must be accepted? Besides, what kind of an example is this? If no one knows which is right and which is left and the Sanhedrin has to be consulted on the issue, who would know that the Sanhedrin had been in error? 4) What is the meaning of the eglah arufah legislation?
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"Judges and officers shalt thou make thee" etc.
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It is a fact that nature works on the basis of promoting the useful and avoiding that which is harmful. If even the inarticulate animal kingdom knows how to choose a lifestyle that ensures its survival, man, who is endowed with superior intelligence can be expected to do likewise in even greater measure. By the same token, an animal that acts contrary to its healthy instinct, causes but limited harm. If man, however, should act contrary to his best interests, the harm he may cause can be far more extensive. If we do observe the odd phenomenon such as the ant act intelligently despite the absence of central leadership, this unusual phenomenon serves to draw our attention to the fact that normally, leadership is essential for successful pursuit of a nation's purpose. (1) If leadership is essential to avoid localised damage, it is even more essential to avoid widespread damage and destruction such as can be perpetrated by man. In order to minimise the need for Divine intervention, the Torah orders the active pursuit of righteousness. (16,20) In order to accomplish this, every town must have its own Court and police force with varying degrees of authority and competence required for the adjudication of civil law and criminal law respectively. (verses 3-23) Justice must not be bent, bribery is prohibited. Since man has a greater tendencey to be ruled by his basic urges, legislation to prevent or minimise this is important. Even the best man is not immune against the lure of material gain or the lure of acquiring power. The Torah therefore warns against the abuse of power by those entrusted with it. Even rabbis must not sit in judgment when one of the litigants is a colleague of theirs, a fellow rabbi. Their esteem for fellow sages might impair their impartiality. (Shabbat 119) The Torah issues a triple warning concerning the dispensation of justice on an impartial basis. "Do not wrest judgment, do not take bribes, do not respect persons." (verse 19) He who ignores these instructions is akin to someone who plants an asherah, a tree for the purpose of worship, (16,22) or he who "builds a pillar" for the purpose of sacrificing to another deity. (16,22) (2) He who employs laymen as judges instead of experts, is like someone who erects a pillar to worship. He who uses gentile legal methods is like someone planting an asherah for idol worship. He who displays prejudice and favouritism when adjudicating a case, is like someone who offers a blemished animal to G'd as a sacrifice.
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(3) Torah justice is distinguished by applying criteria that go beyond the mere power of human reason. The most heinous crime, idol worship, when committed by an individual, is dealt with by local authorities. When a community should be guilty of such a sin, it requires the Sanhedrin, the Supreme Court of seventy one elders to obtain a conviction. No amount of circumstantial evidence suffices to convict a defendant of a capital crime. Ki yipale, if there are circumstances when the local Court is not competent to arrive at a valid conclusion, then the case is referred to the Sanhedrin. This is so, since the Sanhedrin is the only one permitted to introduce innovative procedures al pee hatorah, as long as they are demonstrably based on Torah principles. If after such a decision which is issued by the Sanhedrin, an individual judge persists in countermanding such a decision or decree, he is dealt with as a zaken mamre, a rebellious elder. After the Torah has completed discussing the dispensation of justice relating to local problems, she now returns to discuss leadership and justice on a national level. Therefore we have here the paragraph about appointment of a king and the restrictions such a king is subject to. It is evident that the appointment of a king is not permitted until after the Canaanite tribes have been destroyed or driven out of the land, and there is a secure and permanent Jewish presence in the land. The reason, presumably, is to make sure that such a king will not be credited with the conquest of the land. Nor, for that matter, are the people themselves to take credit for the conquest. Since G'd had sworn to the ancestors of the Jewish nation to give this land to their descendants, this promise had to be kept. Once conquered however, normal political administration would be in order. In chapter fifty, we have discussed why the destruction of Amalek was mandatory, whereas neither appointment of a king nor building a temple were mandatory. Since observance of Torah law and study of Torah lead to a life without excesses in food or drink or sex, it is proper that the king as leader of Jewish society reflect such teachings in his personal life, and thus serve as a model and inspiration for his subjects. This is why the Torah legislates restrictions on the size of his army, his wealth, and demands that he both study the Torah and write a Torah scroll. He is to have same at his side at all times. (17,16-21) Since the king needs to obtain permission from the High Priest before he can engage in a war of conquest, the Torah continues with other legislation concerning priests. Priests are not included in those to whom the land is distributed, but they are entitled to a share of most sacrificial offerings brought to the temple by the people. This is to assure their livelihood. They have unrestricted right to participate in the temple service during the holy day period.
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Since the Torah had made a point of outlining that the people should conduct their own affairs in the previous chapter, the restrictions on methods that may be used must be outlined also. The king, though instructed to consult G'd via the breastplate of the High Priest, must not resort to consulting other media such as oracles, commonly employed by the previous rulers of the land of Canaan. In fact, such soothsayers must not be tolerated in Jewish society and must be put to death. G'd will provide prophets for His people who will grant them an insight into what the future holds when He deems such knowledge to be useful and necessary. Should there be someone who claims to be a prophet but is in reality an impostor, he must be executed. The entitlement to have prophets stems from the laudable sentiments expressed by the people on the occasion of the revelation at Mount Sinai. At that time they had wished to be addressed by Moses rather than by G'd Himself, an experience they had found too terrifying. Anyone demurring against a true prophet would be held responsible by G'd, since that kind of guidance had been introduced in answer to the people's own request. The entire Parshah then has discussed various aspects of leadership here on earth, and it is the Torah's goal to establish a system of leadership in our society that is patterned on the kind of justice and leadership that exists in the celestial regions.
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(4) Murder, and its resultant damage to the fabric of society, is due in the first instance to the murderer, and in the second instance to improper administration of law and order by the judiciary. Thirdly, it may be due to the laxity of the Sanhedrin in carrying out its duties. Accordingly, the Torah presents the case of the eglah arufah to illustrate the extent of the liability shared by people who are apparently quite unconnected with the murder that has taken place. Man does not live in a vacuum. A crime committed by a person in a room, is the responsibility of that person. Should it be impossible to identify the person who has committed that crime, the search for the criminal must include the house in which the room is located. Should search of the house fail to identify the culprit, the entire city becomes a natural area for further search. The case of ki yimatze challal basadeh, when a person is found slain in the field, is similar. The Torah describes the ever widening circles of search for the party responsible, and the need for all parties to exonerate themselves from having had any connection with the crime committed. The Sanhedrin, as the seat of the administration of justice, represents the entire nation. The Torah commands that the central authority get involved in the search for the guilty party, and gradually the search is narrowed to those closest to the murder that has been committed. It is the involvement of representatives of the highest Court that underscores the collective responsibility felt for a crime committed by a single individual, that assures the high moral standards displayed in Jewish society. Since the elders of the town nearest to the slain person are nearer to the site where the crime had been committed, their participation in the atonement ceremonies, i.e. the killing of the virgin heifer is more direct than the participation of the elders of the Sanhedrin. In order to prevent the suspicion that the elders might have condoned murder, they declare that their actions had been such that they could not have been a factor in this crime. "Our hands have not spilled this blood." (21,8) By asking for mercy in their plea for forgiveness, the priests present indicate that the fact that murder has occurred is proof that the innocence of the elders is not that total, that G'ds forgiveness needs to be invoked. Only after the prayer of the priests, whose general function is to facilitate atonement for the Jewish people, can the guilt of the innocent blood that has been spilled be wiped out completely. The reason that amcha yisrael, Your people Israel, is mentioned in the prayer, underlines that everyone in some degree shares the responsibility for what has occurred.
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How to tell a true prophet from an impostor.
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"I will raise them up a prophet" "And if thou say in thy heart: ‘How shall we know" etc.
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Sifri on Parshat Shoftim discusses the following problem. "If you say in your heart, in the future, how will we know the word G'd has not said?" (Deut 18,21) Jeremiah had said that the vessels of the holy Temple will be brought to Babylon, indicating that the Temple would be destroyed; Chanayah son of Ezor said that they would soon be brought back. (Jeremiah chapter 27) Whom is one to believe? For this reason, the Torah states "that which the prophet proclaims in the name of G'd and it does not come true, that is what the Lord has not said, the prophet sinned in proclaiming it, do not be afraid of it."

Akeydat Yitzchak by Eliyahu Munk. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://www.urimpublications.com Licence: CC-BY. Source.