Akeidat Yitzchak

All the commentaries on the above passage, which suggests an ironclad test of the veracity of the prophet's predictions, leave some questions unanswered In the first instance, how much time has to elapse before the truth of a prediction can be judged? Moreover, since the quote from Jeremiah chapter twenty seven, was well known, any false prophet would always be able to explain a non event by saying the people's changed behaviour caused the prophecy to go unfulfilled.

Our approach will be different from that of all the classic commentators. Central to the problem is the statement by Jeremiah that G'd reserves the right to reverse even such promises as would have a positive impact on the recipient of that promise. The parable of the piece of pottery destroyed by the potter, teaches that if a product does not measure up to the expectations of its creator, the latter reserves the right to destroy it and fashion another in its place. Man, likewise, is like clay in the hands of the Almighty, and despite the fondest hopes expressed for him, he may be found unworthy before he has reached maturity. Should a group of Jews think that in order for G'd to fulfil His promises to our forefathers, their continued existence and well being is indispensable to G'd, they are in error, and are warned by the prophet that their own personal existence is by no means assured. The fact that these forefathers, although themselves recipients of G'ds promise, were constantly afraid, is evidence that their understanding of these promises had always been that they were conditional, not absolute. While it is true that generally G'ds promises are not subject to change unless there is a change in the moral stature of the recipient, there is on record an instance when the decree to spare the righteous at the time when the Temple was destroyed, was revoked. This was despite the fact that the tzaddikim referred to had not changed. The midat hadin, attribute of justice, had drawn to G'ds attention that the failure of the righteous to protest the wicked conduct of the masses was inexcusable since they could not have known that their protests would be to no avail. (Shabbat 55). It is also true that G'd frequently gives a clearly conditional promise, which is what our sages describe as "the attribute of goodness being in the ascendancy." Psalms 105,45, says of G'd, "He gave them the lands of the nations; that which others had toiled for, Israel would inherit in order to observe His statutes etc." What it all boils down to is that whenever possible, the promise of G'd is not left unfulfilled. Certainly the yardstick by which prophets are measured is the accuracy of the fulfilment of their prophecies. Astrologers of old who had a record of 80-90% accuracy in their weather prognosis, did not claim to be prophets either of G'd or the Baal. It is not to test their stature that the Torah tells us how to test such men. Similarly, anyone who teaches the omission of even a single commandment of the Torah or the addition of a single mitzvah or even the change of the traditional interpretation of that mitzvah, needs no test to tell us that he is an impostor. When Yehu reminded the people of the fall of Achav, the decisive factor was that all the details which had formed part of the prediction had come true. (Kings II 10,17) Joshua was able to tell the people that the whole promise by G'd to Moses had been fulfilled. (Joshua chapter 23) He warns however, that disobedience of G'ds commandments would result in the Jewish nation becoming the target for all the punishments listed in the chapters dealing with such eventualities. In Samuel I 3,19-20, we are told that everything Samuel predicted had come true. In this way the people knew that he was a true prophet. In our liturgy, in the benedictions following the readings from the book of prophets every week following the Torah reading, we recite the fact that G'ds word as issued through the prophets never went unfulfilled. In all cases of the prophet being an observant Jew, exhorting the people only to observe Torah law, no test of his truthfulness is needed. On the other hand, if someone even of the stature of Elijah were to ask us suddenly to disobey a law of the Torah, there is no need for a test either, since the man would have stamped himself as an impostor. Such people need to be executed.

What our Parshah deals with is something else. When two men, each claiming to be a prophet, both adhering to Torah law, neither of whom having established a reputation as a prophet, make conflicting predictions, then a test is needed to determine who is the true and who is the false prophet. In such an event, the fulfilment of the prophecy of one of them regardless of whether the prediction had been a promise or a threat of a calamity, serves as the yardstick that enables us to separate truth from falsehood. To make the occurrence of the "good" prophecy proof, and the non occurrence of the "bad" prophecy a yardstick for truth, would result in a chillul hashem, desecration of the Lord's name. The case of Elijah on Mount Carmel is a good illustration. Since the prophets competed in drawing fire down from Heaven, the successful one would become legitimised At that time it was imperative to discredit the priests and prophets of the Baal. (compare Kings I chapter 18) In our Parshah, the paragraph commencing with the words "when you will say in your heart, how will we know?", (18,21) must not be understood as introducing a new subject matter dealing with every kind of prophet, but only as referring to something that had already been discussed. First, we must be assured by G'd that we will have prophets in our midst. Then the Torah tells us the task of such prophets. Should someone fail to obey the prophet, by claiming to be a prophet also, such a person is to be executed. How could we know which of the competing prophets to execute as an impostor? Whenever the prophecy fails to be fulfilled down to the last detail. Since there are no other criteria to establish credibility, a miracle is not only in order, but becomes mandatory. The Torah instructs us not to be afraid to execute such an impostor as there is no distinction between intentional and unintentional commission of such a crime. It can only have been committed intentionally. (verse 20-22) "The name of other deities should not be heard from your mouth." This makes the point that unless the prophecy was made in the name of the living G'd, waiting for the result of any test is quite unnecessary. The peculiar expression "that is the word G'd has not spoken," needs to be identified, puts the onus on the liar to prove something.

In the case of Jeremiah and Chananyah, the situation was that the former had warned that unless the people repented they would fall victim to Nebuchadnezzar; Chananyah, on the other hand, without denigrating the value of repentance, promised that the grandeur of Jerusalem would be restored. This put Jeremiah in an excellent position. Should his own prophecy not be fulfilled, he could argue that the people's repentance had borne fruit, and that G'ds decree to destroy Jerusalem had been cancelled. However, Chananyah,- in the event that he would be proved wrong,- could hardly argue that as a reward for the people's repentance G'd had brought on destruction. In this sense the competition between the two men was unique in history. (see chapter twenty eight) Chananyah died within two months, in order to give the people a chance to profit by his death and do penitence. In chapter 28,8-9, Jeremiah makes it clear that in the past the authentic nature of a prophet's message was proven when the good he had predicted had materialised. He thus had ample precedent for what he proclaimed now as the even habochen, the yardstick.

This precedent is taken directly from the Torah. The Torah says "I will make a prophet arise for them, just as you, and place My word in his mouth." (18,18) Just as Moses and most other prophets performed the function of frightening people into changing their evil ways, so Jeremiah had so far acted only the role of the traditional prophet. The Torah writes "if a man does not listen to My word which he (the prophet) proclaims in My name, I will demand an accounting from him." From this it is clear that the traditional role of the prophet requires action by his audience, i.e. repentance. It is quite natural for people to resist calls to remodel themselves. It is equally natural for people to want to receive good tidings. A prophet who proclaims such good tidings and is otherwise undemanding, will, of course be well received by his listeners. When the Torah says "the prophet who deliberately says things in My name which I have not commanded," presumably what is meant is the dissemination of pleasant news, the kind which does not require moral action by his listeners. Whenever two such prophecies stand in opposition to one another, the question "how are we to know?" becomes operative. The Torah's answer is precisely what Jeremiah used as the test of the truth when he set a time limit to the non realisation of the events Chananyah had predicted. The latter died before the elapse of the time limit predicted by him. This death is what the Torah had in mind when it said "such a prophet will die." The Torah does not say "he will be executed." Since Jeremiah was not in a position to bring Chananyah to trial as an impostor, he predicted that he would die at the hands of Heaven before the year was out. Thus he fulfilled what is said in our Parshah "do not be afraid of such an individual."

Some problems in the text of our Parshah. 1) Why is the mitzvah of establishing cities of refuge appended to our Parshah, or at least the report about these cities having been set aside? 2) Why does the Torah describe involuntary manslaughter as occurring "in a forest?" 3) Why is premeditated murder also discussed in this chapter? 4) How does the legislation of "moving boundaries" fit into this chapter? 5) What is the rationale for punishing a certain type of witness for the harm he had intended to cause the potential victim, whereas he is not punished for the harm he has actually caused?

(1) On the two previous occasions when the Torah deals with the "city of refuge" legislation, the point had been to teach us that the law treats unintentional crime differently from intentional crime; now the message is that since all other pieces of legislation dealing with law giving and law enforcement have been revealed, the practical observance of the city of refuge legislation can no longer be delayed. From now on, everyone who trespasses, is considered an intentional sinner. (since the law is known) Therefore the machinery to protect the person who is clearly an unintentional sinner has to be put in operation. This is why on this occasion we read about such details as erecting signposts pointing to the nearest "city of refuge." (Makkot 10) (2) The reason the Torah describes death as having occurred in a forest etc., is to teach that when it is evident through the circumstances where it occurred, that there could not have been criminal intent, then, even if there had been a feud between the two parties involved, the killer is believed, and he may take refuge in the city set aside for that purpose. Only, if in addition to the "hatred" between the two parties, there is evidence of an ambush, does the city of refuge not protect such a killer. In such an event, the killer is subject to retribution by human hands despite the absence of witnesses. The word im, in 19,8, refers back to the beginning of the subject matter in verse two. Once the West Bank would be conquered, the three cities Moses had designated on the East Bank would become operative. "You will add three more such cities on the West Bank as soon as practicable."

(4) Once we have established the principle that certain tribal areas such as the city of refuge, can be expropriated due to national considerations, it would be an easy step to expropriate other tribal lands, say for the use of the king, the army etc. The Torah therefore has to mention the law of hassagat gevul, unlawful shifting of boundaries, to prevent anyone from taking advantage of the fact that there is such a thing as placing the public interest ahead of the private interest. (3) Since the subject matter has been how to distinguish between wilful and unintentional murder, something difficult to determine without evidence, i.e. witnesses, the Torah now sums up what is considered adequate testimony, i.e. two eye witnesses. The law concerning false witnesses follows. (5) The words "as they had planned,” as meaning prior to conviction and execution on the basis of such testimony, seems to concern itself with the reputation of the Court of Law. Undermining people's confidence in the infallibility and/or integrity of the Court when the harm cannot be undone, is counterproductive. This consideration goes so far as to deny slanderous witnesses the right to withdraw their testimony once the Court has ruled and given its verdict. (Sanhedrin 44) Even when the witnesses advance plausible reasons for their original evidence, and the accused had always protested his innocence, no redress is possible at that stage. Such instances prove, that in the last analysis we rely on G'd as the Supreme Judge. He would not let an innocent person become the victim of such perfidious testimony. Would we decide otherwise, the people would question the wisdom and competence of such a Court forthwith. If this is so when there is a chance to reopen the proceedings, then it is certainly so when the victim of such testimony has already been executed and could not be resurrected. We note that on occasion upholding the image of our judiciary is more important than the anguish of the family of the accused. The victim himself is presumed guilty of a crime carrying a similar penalty, though in this particular case he may have been convicted unjustly.

"And seest horses, and chariots", "When thou drawest nigh unto a city"

Sifri Parshat Ki Teytze comments: "when you go out to war," the Torah discusses wars of aggression. "And the Lord will give into your hand;" if you will do things in the order prescribed, then eventually the Lord will give into your hand."

Since man is composed of two parts, the physical and the spiritual, he needs to operate with two kinds of perceptions, one which enables him to recognise the material, the worldly, and the other which helps him recognise and relate to spiritual phenomena or spiritual aspects of other human beings. When we talk about "knowing so and so," we define "so and so" in terms of height, width, colour etc. We perceive that he is human by a different cognitive process, a process reserved for recognising intangible abstract concepts. The former process is called hakkarah, recognition, the latter yediyah, knowledge. When the brothers brought Joseph's blood-drenched coat to their father Jacob, they said "do you recognise if this is the coat of your son?" This is a term applicable only to material things. When G'd talks about Abraham, prior to revealing to him the impending destruction of Sodom, He says "for I know him, in order that he will command etc." This clearly describes cognition of Abraham's personality, something intangible. Since it is not easy to acquire the latter facility, our sages have frequently illustrated abstract concepts by employing parables. The phenomena described in such parables are a sort of crutch to help us translate these concepts into the abstract. The master par excellence of such parables is king Solomon, whose parables acquired international and enduring fame. He employed the double entendre for instance, when he advised the lazy man to learn from the ant which lays in a food supply in advance of the oncoming winter. (Proverbs 6) The hidden message is that man who has been given a brain should use and condition it, so that when the difficult time (winter) arrives, he will be prepared to cope with it, since he is aware of the purpose of difficult periods. The Torah also employs such parables on occasion. When Moses says in Deut 32,46, "pay attention to all the matters which I testify against you this day...for it is not an empty matter... but it is your life," the reference is to the fact that words of admonition are not to be understood only at face value, but they address themselves also to our ability to comprehend spiritual concepts. (see our commentary about G'd talking to Adam in Eden, chapter seven) A similar double entendre is contained in the Torah's legislation about warfare. The Torah legislates about physical warfare, of course; but internal struggles in the soul are being described at the same time. By overcoming internal foes, the soldier readies himself to overcome external foes and to conquer foreign lands. (Internal struggles may also include the fight of the body to overcome a virus it has been invaded by, for instance) A person's face reflects inner struggles, just as warfare between nations is something visible that cannot be concealed. We see this from the comment of Yonadav to Amnon. (Samuel II 13,4.) In order to treat such internal struggles, a doctor needs to be thoroughly familiar with the chemistry of the body, and he needs to be able to compensate for any chemical imbalances in the system of the afflicted patient. The most difficult war however, is the struggle between conflicting emotions or characteristics that goes on within one's personality. When love and jealousy battle with one another, when greed and generosity find themselves in conflict within the same person, this is serious indeed. When Artaxerxes accuses Nechemyah of a face which expresses sadness and anger, pointing out that the latter was not physically unwell, he alludes to the inner struggle that leaves its mark on a person's facial expressions. (Nechemyah 2,3) (compare our commentary chapter sixty seven) In spite of visible symptoms of psychological illness, the doctor who undertakes to cure same requires even more expertise than the one who cures physical ills. Since G'd is the greatest of all doctors, David proclaims: "favour me O Lord, for I am bowed down. Heal me O G'd, for my bones are afflicted; and above all my soul which is very afflicted. (Psalms 6,3-4, et al) Discussion of the verses in our Parshah will be divided into those dealing with physical warfare, and those dealing with inner conflicts. The three main objectives of a general in charge of a military campaign are summed up by Sancheriv. (Kings II chapter 18) They are: 1) words of the lips. 2) counsel. 3) bravery. In other words, a list of objectives, (words) strategic and tactical planning, (counsel) and heroism and bravery in the execution of such plans. Sancheriv accuses Chiskiyahu of breach of trust, and asks "on whom do you rely that you have dared to rebel against me?" This provided the excuse for his attack. He then ridicules any hope Chiskiyahu may be entertaining of making a successful defence, by describing Egypt and any other potential allies as useless. Thirdly, since Chiskiyahu's plans would be doomed to failure anyways, he asks who would display the heroism needed when they knew they were fighting for a lost cause! Whenever the Jewish people mobilise for warfare, the above mentioned three basic rules are observed and are described in our Parshah.

Some problems in the text of our Parshah. (1) After the Priest has assured the assembled army of victory, in what way would the presence of the categories of people who are being sent home lessen the confidence in victory of the others? Why would that Priest even make mention of such fears in his speech? (2) The whole warning seems unfair. The division between the different groups of draftees is peculiar. A) Everyone is needed at home. B) If such a person has faith in G'd why would the fact that he is in the process of building a home diminish such faith? (3) Why is the last paragraph,- the one dealing with "whosoever is afraid,"- said by the military police and not by the Priest?

One might suppose at first, that just as in the case of Gideon, when only a few select men were left to go into battle, so the task of the Priests and the police would be to weed out all those that are afraid. In order not to cause embarassment to anyone in the first three categories, they were called out first. In this way, when men were seen returning from the mobilisation centres, they would be presumed to belong to either of the first three categories whose reasons for return were legitimate. Our sages, however, seem to have ruled out this approach by not mentioning it as a possible exegesis. (compare discussion in Talmud Sotah 43 and 44) Even though Rabbi Yossi suggests that the words "afraid and of faint heart," (21,8) refer to fear of being punished for sins committed,- thus vindicating our suggestion,- it would still leave us with the question why in this instance the "fearful ones" are listed last instead of first, as had been the case when Gideon had mobilised his men. Also the question of why the switch between the Priest and the military police addressing the soldiers, would remain. We approach the problem in a different way. Because the Jewish people are the chosen people, they are exposed to Divine guidance in a variety of ways: 1) Those whose conduct is based entirely on loyalty to G'd and His Torah. These people are subject to G'd intervening on their behalf as a matter of routine. 2) Those who are normally loyal to G'd, but who are not of the calibre to merit G'ds intervention on their behalf until after they have done everything to help themselves. In other words, the average Jew. 3) The group of Jews whose past conduct cannot allow them to expect to rely on anything better than their natural mazzal. They have spurned Divine help by their way of life. Therefore, Heaven would neither help nor hinder them. (see detailed discussion in chapter twenty six) Since there would be representatives of all these types amongst the Jewish people reporting for mobilisation, the address of the Priest and the military police takes this fact into consideration. The first proclamation of the Priest is addressed to group number one. The Priest tells that group not to worry; G'd would fight for them. The third proclamation of "who is the man that is afraid," obviously addresses itself to the third group, the ones who have only their physique and marital skills to rely on against any enemy. They are advised to go home as a reminder that they cannot count on Divine intervention on their behalf. The middle group, comprised of the "house builders, newly weds (betrothed) and the planters of orchards," are those whose moral conduct coupled with their own efforts entitles them to put their trust in Divine help. Such people need to be especially careful in their affairs, so that misdemeanours do not provoke the celestial attorney general to prepare a dossier against them. Such a dossier, -as long as it has not been disposed of,-leads to the review of all of their subject's past down to the minutest detail. When G'd had praised Job and his way of life to Satan, the latter remarked that Job's piety was not altruistic. We all know how that story ended. The Talmud Berachot 55, reports that there are three things which provoke G'd into ordering an audit into our affairs. A) Too much prayer. B) Living in a house with a damaged wall. C) Asking that a fellow human being be punished. The common denominator in all these three items is that we ask for more than midah keneged midah, measure for measure. Before such requests can be granted, the credentials of the person making such a request must be beyond reproof. On the other hand, the Talmud Yerushalmi in Bikkurim tells us that there are three categories of people whose sins have been forgiven. A) Anyone who has been chosen for a position of great honour. B) A groom or bride on the wedding day. C) Someone who has recovered from a serious illness. Since all those three groups of people had achieved their ambition/desire, their merit had been recognised by the Heavenly judges. People who have not yet experienced such confirmation that they possessed such merit, need to exercise extreme caution before venturing into obviously dangerous situations. This is why we have these three categories of people who are asked to return home and await confirmation that the undertakings they are engaged in will be crowned with success. After all, they represent the three major undertakings of a person in his life. Once they have received such confirmation of their merit, they can join the battle with confidence. In the first instance, upon coming face to face with numerically superior forces, the point of the war had to be explained. At this point, we note the double entendre that we have mentioned earlier. There is no better time to confront our enemies within than when one readies oneself to deal with enemies without. The enemy within is the human body. Frequently the body's demands are excessive; sometimes the body even wants to enslave the spiritual part of man. Frequently the body is not content to remain the servant at the call of man's spiritual aspirations. Since the building of a new home, establishing a family and planting a vineyard are the primary challenges in our physical life, one needs to come to terms with the relative importance of each of those activities, and assign the material values in life their proper place in the scheme of things. Anyone who has not yet done that, cannot hope to face the day of battle. The "day of battle" is of course, the day of death, the time of the final judgment. He who has not even started on this task, and has therefore reason to fear Heavenly judgment, must certainly address himself to his tasks on earth before he can face the ultimate battle, the one against his own yetzer hara, evil inclination. The Priest in his address in verse three, warns of four distinct frames of minds, although they all appear lumped together. "Let not your heart be faint,- fear not,- do not be alarmed,- do not be frightened." Each one of these four frames of mind, when present, can prevent repentance from becoming a turning point in one's life. These are the impediments for people who though they incline to return to their roots, do not have a firm determination to do so. 1) Man's fear of physical discomfort associated with acts that have an element of self torture by means of which he demonstrates his repentance. 2) The fear that repentance will not be accepted by His Maker; therefore such a person does not bother to undertake what he considers may be a futile effort. 3) Man may embark on his repentance in the wrong order. Instead of first abandoning his sinful way of life, he may merely concentrate on fasting and prayer; these steps, at that point are utterly useless. 4) A person who indulges in physical pleasures may decide that if as a result of his repentance he will forthwith have to forego these pleasures, it is not worth his while to repent and remodel himself. For the above mentioned reasons, the Torah exhorts man by listing all four possibilities. In view of this, the ten days of penitence our sages instituted in preparation for the annual battle on Yom Kippur, assume great significance. In addition, we prepare during the whole month of Ellul to give us a total of forty days preparation. The significance of the number forty in this context, goes back to the forty days Moses had spent on Mount Sinai both on the occasion he received the first set of tablets as well as on the occasion when he was to receive the second set. The forty days were employed in mending our spiritual fences. These had been severely damaged after the sin of the golden calf. The process of substituting one set of tablets for a new set of tablets was begun at Sinai. The concept introduced at that time is one of ongoing validity. Having defiled one set of "tablets" by our collective or individual misconduct, it is our task to substitute new "tablets" that will remain untarnished. The essential thing is that what is written on any subsequent edition be identical with what had been inscribed on the original version. Just as springtime is nature's time for renewal, so Rosh Hashanah is the season of man's renewal. Since after the summer when we have witnessed an abundance of the physical attributes of the universe, we experience a weakening of these physical phenomena, i.e. a weakening of the desires of the flesh, what better time could there be for our spiritual forces to reassert their preponderance in shaping our lives?

In order to emphasize the Torah's desire for a peaceful resolution of all our problems, including even those with the Canaanites, the Torah's opening gambit is a diplomatic offensive offering a peaceful solution. (Deut. 20, 10-11) When G'd had commanded Moses to go to war against Sichon and Og, Moses, -unbidden-, had sent "messengers of peace," asking permission to traverse their lands. When G'd had noted this, He agreed with Moses' procedure and decreed that henceforth no battle be joined without a prior attempt at a peaceful resolution of the arguments causing war. (Midrash Rabbah Parshat Shoftim) According to the Sifri, even the seven Canaanite tribes were offered their lives if they repented their ways and changed their lifestyles. The reference about not cutting down fruit trees during a siege, (20,19) includes a rhetorical question concerning the comparison drawn between man and tree. The letter heh, preceding the word adam, turns the phrase into a question. The meaning then is: "Is then the tree a human being that it has to become part of warfare?" Why should the tree be punished for giving us its bounty? The language employed by the Torah for describing what ma עy and what may not be a fruitbearing tree seems extraordinarily clumsy. Perhaps it wishes to teach us that even though our eyes tell us that the tree produces fruit, the determining factor in halachah, Jewish law, is whether that fruit is ma-achal, food fit for human consumption, or whether it constitutes merely animal fodder. If the latter, permission is granted to chop down such a tree. The Torah depicts warfare as a possible series of sieges, to emphasize that the eventual frontal attack with its resultant bloody battles and subsequent looting are viewed as character debilitating. Even if a long siege is necessary to attain one's objective, this is preferable to unlimited bloodshed and violence. Surrender due to starvation is better than obtaining a quick victory on the battlefield.

When we look at the allegorical meaning of our passage, the city mentioned in this chapter described as under siege, represents the total body of man, all his physical attributes. It is the task of man's spiritual forces to harness and subdue his physical forces in order to further his spiritual advancement. When the physical forces surrender, having been called upon to do so, they will survive unimpaired in the service of man's spiritual self. Should they assert themselves however, by rejecting a subordinate role, they may need to be subdued by "siege," i.e. asceticism, fasting etc. until they have learned their true function in life. Man requires his body in order to survive, just as the tree needs the soil for its growth and the ability to produce fruit. Any human being likely to yield fruit, i.e. good deeds, is not to be destroyed in this struggle between the material and the spiritual forces of man. Only someone whose uselessness in his present form has been established, must have his body destroyed in order to hasten the rehabilitation of all the other people within whom the power of the spirit has not yet triumphed in the long drawn out battle for supremacy of the spirit.

"When thou goest forth to battle" etc.

When the passage describing Israel as marching into battle, adds "and the Lord will deliver him (your enemy) into your hand," this is to leave no doubt that all heroism and bravery notwithstanding, it is not the might of the Jewish sword that ensures success in battle, but the help of the Lord. "When you take prisoner"; first you capture people. Then the Torah instructs who is to remain alive, who may not be allowed to live, who must remain a prisoner, disposition of the bodies etc. (21,10- 20,20,14-15) The remarkable brevity used here in contrast with all the details the Torah lavishes on how to legitimize a marriage between a Jewish soldier and a female prisoner he has taken a liking to, suggests that the Torah is more concerned with the internal conflict raging within man, and how the Torah endeavours to help man overcome his physical urges step by step. Although the Torah is basically opposed to a sexual union with persons of non Jewish origin, knowing the power of our urges, the Torah blunts our potential disobedience of its laws. The Torah does this by permitting a modified union with the captured prisoner. (Kiddushin 21, 68) The Talmud makes it plain that the entire episode is meant to show how to wean us from enslavement to our basic instincts. After an initial union,-permitted because of overpowering carnal desire,- (vechashakta) once the lust has been assuaged, this woman is allowed into the soldier's house just as after the initial union of husband and wife, the two live under the same roof, although the bride is temporarily forbidden to her husband. Prior to the wedding, the young couple had not been allowed to be alone together under one roof since the power of their sexual urge had not yet been sated. The regulation about the prisoner cutting hair and fingernails serves to reduce her attraction in the eyes of her consort. Her mode of dress is designed to deprive her of any sex appeal, since she must remove the garments in which she had made herself attractive when taken prisoner. During her enforced month of mourning for her parents, her attraction is liable to diminish even further in the eyes of her captor. At that point it may be assumed that should her captor still want to marry her, such desire would not be based on merely physical considerations, but on other qualities he has observed in her which he cherishes. At that point her status as a saleable commodity, i.e. a slave, ceases, and from then on any eventual separation between the two will not result in financial benefit to her captor. Since many a man can control his lust when financial loss is involved in satisfying it, the Torah here adds a further deterrent to an eventual permanent union between captor and captive. We have observed that the Torah has employed seven successive steps to help cool the soldier's yetzer hara. When the Torah promises that our enemies will be put to flight by us in seven different directions, this is an allusion to the seven ways in which our internal enemies will be subdued if we follow Torah precepts. (Deut. 28,7) To complete the hyperbole, the line "when you go out to war against your enemy" refers to the fact that your yetzer hara "has gotten out of hand"; in order to regain control of it you have to mount a campaign against it. When the Lord delivers the yetzer hara into your hands,-as an acknowledgement of your efforts to tame it,- it will appear exceptionally attractive to you. Gradually, you reduce it to the point when you wonder how such an unattractive creature could ever have been able to get out of hand, to come close to seducing you. The final reference to dismissing the captive (verse 14) if the captor no longer likes her, would refer, allegorically speaking, to denial of all physical pleasures and living a life of asceticism such as practiced by a few saintly people. We find a similar homiletical approach on our Parshah in Succah 52, where Rabbi Akiva describes the yetzer hara as having seven names, each representing a different aspect of the charms it exudes. An examination of the details of that aggadah will lead to the conclusion that the power of the yetzer hara seems to have diminished throughout history. There is biblical confirmation for the claim that the people who wound up in exile, were actually tzaddikim from a moral point of view. (see chapter twenty four in Jeremiah) If we look at the three paragraphs in our Parshah that deal with warfare, they can be seen to parallel the three approaches to successful warfare quoted at the beginning of our chapter, "devar sefatayim-eytzah-gevurah. By employing the first two stratagems, the third, i.e. strength of character under conditions of stress becomes capable of achievement. When our sages teach in Avot 4,1, "who is a hero? he who can control his baser instincts," we find victory over the yetzer hara identified with heroism on the battlefield. The Talmud Berachot 34, describes the moral stature of the baal teshuvah, the repentant sinner as superior to that of the saint. This refers only to the kind of repentant sinner who has demonstrated that when confronted with an equally attractive challenge by his yetzer, he has not succumbed a second time. (Yuma 86) A saint would not even be allowed to expose himself to such satanic lures. Yet, a baal teshuvah, in a sense, has to expose himself, in order to prove that his repentance has really taken hold. Only in this way can he prove his resistance to the "germ." To put it into a different context, let us assume that a person falls ill and runs a temperature rising from one hundred to one hundred and four degrees. While the sickness is at that stage of intensifying, one hundred and two would be considered serious and alarming, whereas once the fever is on the way down, one hundred and two would be considered proof that the healing process had commenced. Similarly, the difference between the tzaddik gamur, the saint, and the baal teshuvah. The former never ran a fever. The latter, though still running a fever, is definitely on the mend. Some minor misdemeanours, which if performed by the "saint" would earn him the reputation of being wicked, would earn the baal teshuvah the reputation of being "good," since they represent such a vast improvement over his former mode of behaviour. When the bamah, private altar was castigated as a serious sin during the reign of the kings (Solomon), later kings who had eradicated all public idol worship except private altars (on which offerings were made only to G'd) are lauded for their general performance. (compare Assa, Yehoshaphat; Kings II chapter 22-23) From the proof adduced by the Talmud Berachot 34, "peace, peace to the far and to the near," (Isaiah 57,19) it appears that preference is given to the baal teshuvah. If the true meaning of "who is a hero, he who subdues his urges," is that the inner struggle and victory over the yetzer hara is the true meaning of heroism, the "saint" could quite easily qualify for the title "hero." He need not to have sinned and have regained his moral stature in order to qualify for that title. His very "saintliness" may be the result of having overcome his yetzer hara without having first succumbed to it, as did the baal teshuvah The Torah endeavours to teach this concept when it challenges us to assist our enemy when the latter is engaged in rescuing his donkey from collapse due an overload. (Exodus 23,5) This extends even to challenges involving us in expenditures to restore lost property to people who have demonstrated active dislike for us. The Kabbalah presents an interesting further little detail of this legislation. Supposing a person is faced with the opportunity of either helping a friend unload an animal, or assisting an enemy in loading, the latter has to be made his first priority. This brings home the point that the legislation represents a moral challenge, even more clearly. (Baba Metzia 32) It teaches that even when on a physical level the suffering of the friend's beast that awaits unloading is to be considered, the attempt to win over the enemy by offering him assistance is considered more urgent. This takes precedence even over what we commonly call "our self respect." We should rather belong to the category of people who feel slighted than to the category that does the slighting. (compare chapters 63 and 65)

Some problems in the text of our Parshah. 1) Why does the father of a son who is entitled to a firstborn's share in his father's estate, have to be warned not to deny his son? 2) Since the definition of the ben sorer umoreh, involves stealing, why does the Torah not simply call him a thief? 3) What precisely is the meaning of "a curse of G'd" when applied to the corpse of a person who had been executed and hung by a Court of Law? (21,23) 4) We have learned that loading an enemy's beast takes precedence over unloading that of a friend. Why then does the Torah cite the example of unloading an enemy's beast? 5) Why is a married woman convicted of premarital immoral behaviour executed at the entrance of her father's house, whereas an unfaithful betrothed woman is executed at the entrance to the Court house? 6) When the Torah gives reasons why Moabites do not qualify as potential converts to Judaism, why does the Torah state (23,6) "G'd did not want to listen to Bileam, and the Lord turned his curse into a blessing?" 7) Why does the Torah prescribe punishment for a wife who has tried to rescue her husband from an attacker the best way she knows how? (25,1-12) 8) If the existence of Amalek is considered an affront and challenge to the throne of G'd, (Exodus 17,16) why does G'd not destroy Amalek instead of asking Israel to do so? Also, why does the commandment to eliminate Amalek become operative only at a time when Israel is safe from the latter, and Amalek apparently no longer constitutes a danger?

(1) Since Jacob did not recognise Reuben, the firstborn son of Leah as the rightful heir to a double portion of his estate,- although he had explained the reasons,- the Torah warns that other fathers must not act in a similar fashion. Should the firstborn son be a sorer umoreh, he loses much more than merely his share in the father's estate. Death for such a person is decreed "because of future developments." It is a preventive penalty, protecting both the son's relative innocence, and society against what would surely have led to greater calamities had such a teenager been allowed to grow up to maturity. (2) Since this is the general tenor in our attitude to the "glutton," the Torah calls him by that name. After all, the objective of thievery is to enable the thief to gratify his physical urges, gluttony amongst them. (3) It is natural for people to feel pity when they come upon a corpse hanging from a tree, and they are apt to curse the perpetrator of such a deed. Since, in this instance, such a curse may inadvertently be aimed at G'd by whose decree the slain person has been hung, the corpse is to be lowered by nightfall, so that those who had been unaware of the judicial execution that preceded the hanging, will not violate the commandment not to curse G'd. (Exodus 22,27) Up to this point, our Parshah lists a series of mitzvot which could be summed up under the heading "one sin brings another in its wake." Now the Torah switches direction, concentrating instead on such mitzvot of which the opposite principle, that of "one good deeds leads to another," holds true. The first in such a series is the commandment of restoring lost property to the loser. The Torah clearly discusses two distinct and separate possibilities here. Either the finder knows the owner of the lost object or animal, and is aware that the owner lives some distance away, or he is unaware who is the owner of the animal he found. At any rate, he must then keep the animal in trust for the owner. (4) The Torah makes the point that when the enemy's animal suffers by not being attended to at once, you must assist. This is the normal situation. Our sages elaborated that at all events one must assist the enemy's animal first, even when the friend's animal suffers by being unloaded later.

(5) The woman of ill repute is executed in front of her father's house, so that her father-in-law would not be shamed by her being executed in front of the Court House, i.e. the public square. Since her infidelity had started at home before she had been married, judgment is executed there. The betrothed girl who was unfaithful in the city, and who has no father-in-law to shame, is executed in front of the Court House, at the site of her crime, so to speak.

We detect differences in the treatment of a rapist and a seducer, respectively. The former has only violated the body of the victim. The latter has also coerced or misled his victim's mind, thereby causing her a greater loss of image amongst her peers and opportunities to get married. Therefore, the seducer must marry her. (Exodus 22,16) If her father does not agree, the seducer must provide an adequate dowry in lieu of marriage. The rapist pays a fixed indemnity or must marry his victim. He is never able to divorce her. If the girl refuses to marry her rapist, this does not result in additional financial cost to the latter.

(6) When the Torah refers to the Moabites not having offered water and bread to Israel when the latter came out of Egypt, this refers to the early days of the Israelites' sojourn in the desert. It does not refer to the fact that they had refused to let Israel traverse their land. A nation whose entire existence is due only to the generous heart of our forefather Abraham, and whose ancestor Lot had escaped the destruction of Sodom only due to Abraham's merit, could have been expected to have absorbed sufficient basic human characteristics through their past association (Lot's) with such an illustrious person. (Abraham) The Torah refers to the period that preceded the falling of the manna. Not only did the Moabites not come forward to offer to ease Israel's discomforts in the desert, -seeing that nation had just escaped over two centuries of enslavement,- but since waiting for Israel to perish from natural causes had proved futile, they even hired Bileam to make sure this people would not survive. Descendants of such a nation are unlikely to make good converts. This is why the Torah bans accepting them as converts. The fact that G'd turned the intended curses by Bileam into blessings is mentioned here, so that we can reflect that the curses Bileam had had in mind for us were very vile indeed. All we have to do is to imagine the opposite of the blessings which Bileam actually pronounced. The Moabites' sin does not rank as much smaller than that of the Amalekites, since denial of food and drink borders on killing with one's own hands. In contrast, we are urged to remember that we had once been offered refuge in Egypt, and that as a result we must never oppress the latter. Maintenance of peaceful relations with Edom however, is based on the family bond that still linked Israel and Edom.

After having dealt with matters which are likely to face a person as soon as he grows up, the Torah continues with matters which do not usually occur until confidence in one's own manhood has been firmly established. We refer to conduct of wars outside one's own boundaries. Since special Divine protection is needed in view of the danger accompanying such an undertaking, the soldiers' conduct must be such as to warrant Divine protection. Therefore, even a person whose impurity is due only to involuntary nocturnal emission of semen, must leave the camp until he has purified himself. Such natural occurrences as bowel movements, must be covered up so as not to defile the camp. A military camp observing such high standards of purity, will surely be able to qualify for G'ds protective cover. It goes without saying that in other matters of licentiousness common amongst gentile soldiers, Jewish soldiers are expected to observe strict self discipline. Since the heavenly food provided by G'd during the forty years they were in the desert, was absorbed by the body totally, there had been no need for these last regulations for the Jewish encampments in the desert during those years. Since the capture of prisoners of war as well as slaves fleeing from their owners are frequently a corollary of warfare, the Torah legislates at this point that slaves who have escaped from gentile masters must not be returned to their former owners. This applies even to a gentile slave who is the property of a Jew residing outside the land of Israel. Since it was the practice of other nations to put prostitutes at the disposal of their soldiers, the Torah forbids such practice even in that context. The prohibition, of course, extends to all situations, since we already know that the moral standards among the Jewish soldiers was such that this injunction would be quite superfluous were it to apply only to them. The term "prostitute" applies even if the woman in question is the exclusive sex partner of one soldier, or civilian male. Since she does not enjoy the benefit of marriage, i.e. no formal responsibilities having been entered into by her male partner, their sexual union is no better than intercourse with a harlot. To underline the negative view taken of harlotry, the Torah emphasizes that the proceeds of such unions are not acceptable as sacrifices in the holy Temple. This is so even if the sacrifice represents fulfilment of a specific vow. Since the conditions of war frequently result in part of the population becoming temporarily or permanently impoverished, it is at such times that borrowing will most likely occur. The Torah therefore warns against charging interest to a fellow Jew. It is irrelevant if such interest payments are in cash or produce, or even labour. Interest of any kind must not be charged or paid on loans between Jews. Similarly, during war, people are apt to make vows to call Heaven's protection down on themselves at such dangerous times. The reason G'd insists on such vows being paid on time- although He surely is not in need of them,- is that even without the express vow, the soldier owes thanks to G'd for having safely survived whatever it was that had motivated him to make that particular vow. Therefore the Torah says "if you cease (or fail) to make a vow,”- while you do not commit a sin,- the only situation when not making such a vow is not a sin, is when you were not too miserly to make such a vow. (23,23) The reason the Torah stipulates the apparently obvious demand to honour one's promises, (23,24) is to ensure that these promises are couched in such language as not to violate various laws about unnecessary oaths etc. Concerning the utterance of such oaths, the Torah uses both the term tishmor, i.e. avoid doing so, and ve-assita, carry out. Do not utter things that are forbidden, carry out undertakings you have vowed. In verse twenty six, which deals with the prohibition of helping oneself to some of the neighbour's ears of corn etc., the Torah must correct the impression that private property is not inviolate. Having made concessions to besieging armies regarding the destruction of trees, even certain fruitbearing trees belonging to civilians, the Torah stresses that even a labourer must not do more than still his immediate hunger from the produce of his employer. Dealing now with the previously discussed "attractive female prisoner of war," the Torah tells us that should the marriage fail at one stage or another, the husband must divorce her in the same manner as he would any wife of Jewish origin. Since a bill of divorce cancels a previous marriage contract, the woman forthwith is forbidden to her former husband in the event that she remarries. The obvious intent of this legislation is to prevent a kind of legalised wife swapping by using the institution of marriage and divorce as a mere legal formality. The Torah describes such a practice as an abomination with potentially the gravest consequences to our tenure in the holy land. In reply to the question by a gentile, why the wife of an apostate Jew requires a bill of divorce, since we could simply consider her a widow seeing her husband has abandoned the religion under the auspices of which he had married her, the answer given was that a Jew cannot change his basic status. Once a Jew, always a Jew, regardless of one's efforts to abandon the religion of one's people. This answer proved unacceptable to the gentile, the more so since we accept gentiles as proselytes, and Jewish law considers such a proselyte like a new born child whose life commenced at the time of his conversion. Also, all contact with his former family is considered as having been severed, i.e. former relatives such as father, brother etc are not recognised in Jewish law. We suggest a different answer, one that may evoke a more responsive chord amongst the gentiles. Union of man and woman contains three elements. 1) The purely biological function, i.e. procreation. 2) A typically human manner of sexual union common to all civilisations, a relationship in which by mutual consent similar relationships with other potential partners are excluded. The patent advantage of this arrangement is in removing doubt about the paternity of children from such unions. 3) Entering into such a marriage under special conditions. In the case of the Jewish religion, ring, document (ketuvah) etc; in the case of Christian marriages, the priest joining the hands of the couple etc. The man who changes his religion does not sever the bonds of his marriage, since the union was based on their common humanity, not on their common Jewishness. The reason we demand a proper document of divorce is that the woman is still Jewish, and anyone wishing to marry her could not do so until she was free to marry under Jewish law. What follows are all situations that are more likely to occur during unsettled times such as during a war. Therefore, dealing with them at this point is appropriate. The prohibition of kidnapping and selling fellow Jews into slavery under pain of the death penalty is restated here, since the same practice if it involves gentile prisoners of war during wartime may be permissible.

The Torah next turns its attention to matters one is likely to encounter when already somewhat older, and less active. Retirement and ensuing boredom may lead to gossipping, the penalty for which is tzora-at. (Erchin 15) The Torah itself offers Miriam and her punishment as an example, hence no further comment is needed. The injunction about a creditor returning such pawns to the debtor as are needed by the latter for minimal dignified existence, is couched in such language that whilst under the care of the debtor, the creditor is deemed to own it. In this way the creditor is given high moral rating for having given up what was legally his to seize. (24, 10-13) Therefore, we have the statement "since the debtor will bless you, G'd will recognise it as an act of righteousness," i.e. something beyond the call of justice. (Kiddushin 8) A further instance of laws applying to the wealthy, is the injunction to pay wages on time. Delay may result in complaints to G'd against the employer in question. This is exactly the reverse of what happens when the wealthy lender shows consideration for his debtor. (as discussed a few verses previously) The following rules are also addressed to the wealthy, since they generally make up the class from which judges are drawn. The admonition not to transfer guilt from the father to the son or vice versa, or to accept testimony from one against the other, is addressed to such judges. Similarly, the injunctions not to disadvantage strangers, widows or orphans are addressed primarily to the judge, i.e. the economically affluent. Just as the commandment "do not muzzle the ox while it is threshing," is an example of a negative commandment involving an action unconnected to any positive commandment, so the next paragraph deals also with a mitzvah of that category. We learn about the application of thirty nine lashes "malkot," the standard penalty for this category of commandment. (7) Chapter 25,10, describes the men involved in the fight as "brothers." This indicates that the quarrel was not that serious that one party tried to kill the other. When the wife interferes in such a situation in a manner that endangers the life of her husband's opponent, she has heightened the tension between them. Because of that, the Torah condemns the manner of her interference. Had her husband's life already been endangered, different evaluations would apply. The injunction to have fair weights and measures is also addressed to the judges who supervise. If they do not supervise properly that the merchants adhere to fair weights, then they themselves are included amongst those whom the Torah describes as committing avel, social injustice. (Baba Batra 89) (8) The duty to do away with Amalek is addressed to the Supreme Court which has to initiate such action. The reason for recording this commandment at this point, has been discussed in chapter 42.

The covenant parasha

"And it shall be, when thou art come in unto the land"

We find the following statement in Midrash Rabbah Parshat Eykev, concerning the covenant between G'd and Israel: Rabbi Shimon said "what is this subject comparable to? To the king who married a lady of aristocratic descent." She brought two irises with her into the marriage. Therefore, the king also gave her two irises. When his wife later on lost those flowers, her husband took his flowers back from her also. After a while , when his wife had regained her standing, she restored the flowers and the husband also gave her back his flowers. You will note that Abraham bestowed two qualities on his children, i.e "righteousness and justice." (Genesis 18,19) To match this, G'd had equipped Abraham's children with two qualities also, "loving kindness and mercy," as it is written in Deut. 7,9, "and He will preserve for you the covenant and the kindness. It is further written in Deut. 13,18 "He will give you mercy and have mercy on you." When Israel lost its distinctive qualities, G'd withdrew His contribution as we read in Amos 6,12, "you turned justice into gall and the fruit of the righteous into wormwood." So G'd says "I have withdrawn My peace from this people, and the loving kindness and mercy." (Jeremiah 16,5) When the Jewish people cleanse themselves, as is written "Zion is being redeemed through justice and its penitent sinners through righteousness," (Isaiah 1,27) G'd also restores kindness and mercy. We read in Isaiah 54,10, "even if mountains were to disappear as well as the hills be shaken, My kindness will not depart from you and My covenant of peace will not be shaken, says the Lord who has mercy upon you." Since Israel contributed its share, G'd contributes His own share, and places it on the head of His chosen lady, as is written "I betroth you unto Me through righteousness and justice, through loving kindness and mercy. (Hoseah 2,21)

If liberty and freedom are the goals desired by all intelligent persons, then subservience to those who deserve homage, and the humility displayed towards those entitled to subservience are an even more desirable objective.

This reasoning is based on Kohelet 10,17. "hail to the country whose king is truly free," meaning that the king is obedient to the Torah's commandments, and humbles himself before G'd, as is explicitly required of him. (Deut. 17,18-19) "When he sits on the throne, he must write for himself a copy of the Torah, which shall reside with him, and in which he shall read throughout his lifetime in order to revere the Lord His G'd, to keep all the commandments of this Torah and all its statutes to carry them out, so that his heart shall not become haughty above his brethren and so that he will not depart from the commandments of this Torah either to the right or to the left; in order that his reign should be long; both his and that of his sons." In other words, the Torah tells us that the king is truly free when he does not give in to the temptation to amass women, money and horses. His freedom is due to his attitude towards his Master (G'd) being similar to the attitude of his subjects towards him. We find throughout the Bible that ministers are referred to as "servants of the king." The more dedicated to the service of the king, the more truly free is the minister in question. For this reason, alternate descriptions of such ministers are chorey Yehudah, "the freemen of Yehudah." (compare Jeremiah 27,20) This is also the meaning of Psalms 116,16, "G'd, when I am Your servant, I Your servant, the son of Your handmaid, then You have truly loosened my bonds." David says that his bonds have been loosened by his having become G'ds servant. The Jewish nation's stature as a princess amongst the nations of the world, flows directly from its subservience to its G'd. (Deut. 26, 17-18) "You have acknowledged G'd this day...and the Lord in turn has acknowledged you." Our greatness is due to our having enthroned G'd as our Sovereign. There are four areas in which subservience to G'd has to express itself. 1) Since everyone has a tendency to want to be his own master, irrespective of the benevolence of any authority he may find himself under, the Torah states that "you have expressed the wish that the Lord be with you." (26,17) 2) Man does not like to be thought of as a carbon copy of someone else, nor to imitate someone else, robot like. He feels that by doing that he deprives himself of all originality and that he will never be thought of as an independent individual. Man desires to receive credit for action stemming from his own initiative. The book of Kohelet is full of emphasis of the originality of its author's thinking. "I thought," "I did," I concluded" etc. The desire to "do one's own thing," is so natural that already the Torah refers to it. (Deut 29,18) "For in the autonomy of my heart I will walk." When these tendencies are given up voluntarily by our following the ways of the Lord, (26,17) this is a further expression of the true freedom found in disciplining oneself by recognising the superior wisdom of the Lord. It is not our task to boast about our own way of life, but we are to pursue a way of life in accordance with G'ds instructions. When we read in Genesis 18,18, about Abraham commanding his descendants to perform acts of righteousness, this transforms what would otherwise have been a spontaneous act, an impulsive gesture, into a way of life that serves as a model for the Jew. Denying oneself pork should not stem from a distaste for the product, but should be rooted in G'ds injunction. (Torat Kohanim 9, Parshat Kedoshim) Similarly, in the confession we recite when we offer the tithes for the poor, (Deut 26,14) we emphasize "I have hearkened to the voice of the Lord my G'd, and have done all You have commanded me." 3) It is natural for man not to accept suggestions, instructions etc., when these suggestions do not make sense to him. A classic example is that of Yoav, David's commander-in-chief, who was ordered to conduct a headcount of men eligible for army service. He reacted by demanding a reason for this order, (seeing it was contrary to Torah law) Yoav never carried out the full task, and was involved in what must be considered intentional inaccuracies, (compare different results given in Samuel II chapter 24 and Chronicles I chapter 21) Yoav also failed to count the tribes of Levi and Benjamin. Presumably, lack of adequate performance stemmed from lack of interest in a task that seemed senseless and even counterproductive in Yoav's eyes. When the Torah demands obedience also to statutes that defy our understanding, it says "and to observe His statutes, commandments and social laws," to emphasize that it is the source of the instructions that matter, not their content. 4) Lastly, there are things which run counter to human instinct, and which if performed are seen as inviting hazards to one's health or one's property. A case in point, is the outrage expressed by Navot, when king Achav wants him to trade his ancestral vineyard. In all such situations, the Torah stresses "and listen to His voice," meaning that even when the instructions are completely contrary to our instincts, our freedom expresses itself when we discipline ourselves to listen to G'ds wishes. In these four ways we crown G'd as king over ourselves. But, more than anything, in this way G'd crowns us as king over the remainder of the nations. "To place you supreme over all the nations." (26,17) This latter promise goes beyond the one when Israel became the Lord's "precious nation and holy people" at Mount Sinai. The part of the verse saying "to walk in His ways and to observe His statutes," is part of the covenant in return for which Israel was promised to be the highest ranking nation. This makes the Jewish people custodian of "the way of the Lord,," something not entrusted to anyone else. In Psalms 147,19, G'd is described as "He reveals His words to Jacob, His statutes and social laws to Israel,...He has not done so to any other nation." David described the nature of the mutual covenant there.

When the Talmud Berachot describes G'd as also putting on phylacteries, the obvious question asked was what could possibly be written on the parchment in the phylaceries of G'd? The answer given is that that scroll of parchment contains the line "and who is like Your people Israel, a unique people amongst the nations on earth!" Clearly, the aggadah in the Talmud reflects this mutuality that we have described as Israel enthroning G'd, and G'd in turn enthroning Israel amongst the nations.

Some problems in the text of our Parshah. 1) Why does the Torah demand that even farmers who live a great distance from Jerusalem bring the bikkurim, first ripe fruit, all the way? Why all the attendant fanfare described in the Mishnah in tractate Bikkurim? 2) Why does the Torah speak about "you will reply" in the prayer to be recited when the bikkurim are offered? 3) Why do generations who had not actually "entered" the holy land but had been born there, describe themselves as "I have come to the land You have promised etc.?" (26,13) 4) Why is Laban's evil plan against an eventual Jewish future recited when nothing in the biblical narrative about Laban's conduct really supports that theory? 5) Why is this the only instance that one has to make a public declaration that one has fulfilled the commandment?

"And it shall be, when thou art come in unto the land... thou shalt take of the first"

(1+3) Since the one thing that distinguishes our people is our acknowledging G'd as the cause of all goodness, we are bidden to state again that our very presence in the holy land is due directly to G'ds doing. The more time that has elapsed since Israel has entered the holy land, the greater the danger that this fact may be forgotten. It therefore becomes progressively more important to remind ourselves of this. There is no better way than at the time when bikkurim; the first ripe produce of each category is being dedicated to G'd in Jerusalem. The more we take ownership of the land of Israel for granted, the greater the need for the ceremony attached to the bikkurim pilgrimage.

It is part of civilised behaviour to giftwrap offerings. Already Joseph's brothers giftwrapped their father Jacob's gift at the time they had been invited to lunch with Joseph. (Genesis 43,25) "They prepared the gift until Joseph would arrive at noon." Therefore, halachah, Jewish law requires that when a variety of species are brought as bikkurim, they must be suitably separated and presented species by species. The basket itself is also an integral part of the whole offering. "And you shall proceed to the place" (26,2) indicates, that personal attention is preferable to despatch of a delegate to perform this mitzvah. Since the delegate could not have recited the whole passage of the prayer, (due to the nature of its wording) it is clear that the proper way to perform this mitzvah is by doing it personally. The whole procedure then is a practical demonstration of the "you have enthroned G'd" syndrome, a realisation of the verse "For I will proclaim the name of the Lord, render greatness to our Lord." (Deut.32,3) The processional described by the Tossephta, has great psychological significance then. When reading through the statement made on the occasion of presenting the first fruit, it becomes clear that possession of the land is not the result of military conquest, but that the land was a gift from G'd. The priest accepts the basket in the middle of the declaration, i.e. he interrupts the declaration, so as to show that our gratitude needs to be expressed both in general terms (possession of the land) and in specific terms (our personal share of the bounty G'd bestows on this land) (2) The "you will answer" is to be understood as the stage following deposition of the basket of fruit before the altar. At that time, the donor invites the people to acknowledge the gift of the land, after which he himself acknowledges the personally experienced bounty of the Lord. (4) The "confession" containing a reference to Laban, is to contrast our descent to Egypt with our Exodus. Had it not been for the fact that Jacob had married four daughters of Laban, and that he referred to himself as a blood relation of Laban "the brother of my mother," the hatred and jealousy that existed between the brothers (Jacob's sons and Joseph) could not have been accounted for. As it was, it may have been somewhat hereditary, maternally, since all the brothers were grandsons of the envious and jealous Laban. Had it therefore not been for that blood relationship, Joseph would not have caused his family's eventual bondage in Egypt. He would never have come to Egypt in the first place. Whereas the brothers' descent into Egypt then was caused in no small measure by their own inadequacies, their descendants' exodus had nothing to do with their abilities. However "the Lord took us out from there." It was all G'ds doing. (5) The admission that even the source of individual success flows from the altar, which far from consuming our wealth is its true source, is emphasized by the swinging over the altar of the bikkurim'm the various directions. The word arami, is the word rama-i reversed. Laban is called the arami, since a swindler "reverses" the truth. Just as one appreciates a precious stone more if it had been the gift of a high ranking person, its inherent value being enhanced by the recipient's knowledge that he is held in high esteem, so something similar occurs in the case of bikkurim. When the farmer's efforts are crowned with success, he feels as if he is a recipient of a gift from His Maker, the master of the universe. A gift which originates from on high, is doubly treasured. Harvests therefore are celebrated. Vesamachta bechol hatov, you shall rejoice with all the good. (26,11) The way this joy is expressed in practice includes the Levite, the stranger etc. whose status re ownership of the land precludes him from participating directly in this bounty. The generosity displayed at such a time by the Jewish landowner is described in our opening Midrash as the floral contribution made by the bride to the home she establishes with her groom. The groom will, of course, respond by further increasing and matching the gifts already contributed by his bride.

The next paragraph deals with the declaration that all tithes have been duly set aside or paid to the various people entitled to them. This declaration is listed as part of the fulfilment of the injunction "to walk in all His ways." Since harvest festivals have been part of the farming community's way of life since time immemorial, the Torah elevates the practice by making it part of its legislative program.

Some problems in the remainder of the Parshah.

1) Why does the commandment to erect memorial stones after crossing the Jordan seem to be repeated? ((27,2) 2) Why were only twelve commandments singled out for the ceremony of bestowing blessings resp. curses, at Mount Gerizim and Mount Eyvol? 3) Why is the prohibition to commit sexual acts with a beast placed between two kinds of incestuous relationships involving humans? 4) If "cursed be he who does not maintain the words of this Torah," is part of these twelve commandments, why are the other eleven listed altogether? 5) Why does the list of blessings not match the list of curses?

Crossing the river Jordan, and thereby commencing the conquest of the land of Canaan was such an important event that it had to be marked by a ceremony leaving an enduring impression, one that all those who had participated in the event would long remember. It was especially important that those who would one day become the elders of the people should be reminded already at this point that the purpose of crossing the Jordan was to enter a land in which all the mitzvot of the Torah could and would be fulfilled. Inscribing of these stones reflected the awareness of that purpose. Just as the elders of each city participated in the bikkurim ceremony of the town's farmers, so the elders of the people together with Moses commanded the people re the setting up of these stones. "In order that you come," (27,3) means "do it immediately" so as to speed up your arrival in the land G'd has promised you. Having said this, the Torah proceeds to give details how to treat those stones, building of an altar, what kinds of stones are to be used etc. Verse nine then tells the people that through this initial act they will acquire the strength to carry out all their subsequent tasks.

(2) Concerning the twelve mitzvot singled out for emphasis at the Mount Gerizim assembly, the following is worth noting. Whenever something is accorded special attention or protection, this may be due to either of two causes. A) the subject matter is so vital that its loss is irretrievable; therefore every effort must be made to protect it against loss or damage. Examples are vital human organs such as the heart, lung, liver all of which are surrounded by a protective ribcage as additional protection. B) The subject matter is so fragile and exposed, devoid of defenses that is must be defended from the outside. Examples are the fingers or toes which need nails and gloves to protect them against the cold; the heel has a tough skin to protect it where it treads. Similarly, the Torah has emphasized the protection of the weak, i.e. the stranger, the widow, the orphan. The Torah warns no less than thirty six times against abusing these weaker members of society. The selection of the twelve commandments in question seems to be motivated by similar considerations. 1) The severity of the sin itself. 2) The ease with which one falls victim to the lure to commit this sin. In the latter instance, there may be three immediate causes for a person to commit such a sin. A) The victim is defenseless; B) the sin is so commonly practiced that one does not feel embarassed when committing it. C) lack of self restraint on the part of the sinner. Each of these "groupings" is represented by three "curses." Category one comprises the making of idols, physical violence against one's parents, violating other people's property rights, in other words violating the principle of "love your fellow man as you love yourself." Murder is not mentioned, since it is not a crime that the average person is ever guilty of. The second category, -the naturally weak,- are represented by A) misleading the blind; B) depriving widows and orphans of their just deserts; C) taking advantage of the widow of one's father, who may not protest the rape, since for financial reasons she may be dependent on the very step-son who forces his attentions on her. Category three are three examples of sexual licentiousness due to proximity, i.e. easy availability or easily obtained consent by the partner. One example is sleeping with one's sister, the second one is sleeping with one's mother-in-law. The third one is sleeping with one's livestock. (3) The reason the latter example is positioned between the other examples of incest, is to indicate that the Torah assumes a different motive for sleeping with one's mother-in-law than for sleeping with one's widowed step mother. The last category that of 1) hitting a fellow human being when there are no witnesses, 2) accepting bribes to murder the innocent, and 3) failing to see to it that Torah legislation is observed, can be viewed in the following manner. The first two sins appeared inconsequential to the sinner since he feels protected by the secrecy surrounding his deed. Our sages even regard the instance of "hitting someone in a secret place" as referring to lashon hara, evil tongue. (Pirke de Rabbi Eliezer 53) In such a case, the perpetrator certainly does not realise the impact of what he has done. (4) At any rate, the perpetrator hides behind a facade of piety, wishes to be known as a pillar of society. Concerning all such people, the Torah comes out and says "cursed all those who do not maintain and support the words of this Torah." Whosoever occupies a position that enables him to strengthen Torah must do so personally, first and foremost. When we turn to the list of blessings promised for observing the commandments, we find three apparently superfluous comments by Moses, interspersed in the blessings cited. A) 28,2, "all these blessings will reach you as a result of listening to Me." B) 28,9, "G'd will establish you as a holy nation when you observe the mitzvot and walk in all His ways." C) 28,13, "G'd will make you top not bottom, when you listen." In view of the fact that verse one had already included all that is repeated in the three quotations just listed, the repetition may reflect that at that point a certain collective moral progress had been successfully completed. It is possible to absorb Torah teachings, live accordingly, without acting out of any deep seated conviction of the truth and validity of these teachings. This stage is concluded by what is said in verse two "having listened to the voice etc." Once one has adopted the Torah way of life, and the performance of good deeds has become habitual, such a lifestyle begins to influence the person living it, beneficially. This stage is concluded and rewarded by verse nine "as a result of your observing etc." The final stage in the progression towards becoming the personality the Torah wishes to shape, is when the student's personality is the result of having assimilated all the teachings and following same to elevate him to a level of perception of his purpose in life that he had not previously even dreamed of. At that point, as per verse thirteen, "G'd will make you head etc." When this development has been completed, Moses is able to say with confidence (verse 14) "you will not depart from all the things that I command you." The message of the blessing stands out clearly. A Torah personality does not mature overnight. It develops gradually. The help extended by Heaven along the way is roughly proportionate to the distance towards the objective one has already travelled. The way is paved initially by an easing of one's financial problems. (Verse two, the blessings that will be conferred are material) The second stage will be attended by spiritual blessings, (i.e. verse nine "a holy nation") The third and last stage will be reached when G'd fulfils the promise in verse twelve, "He will open all His store of goodness to you." When the nations of the world will witness the ongoing "boom" conditions in Israel, this will testify that the Jewish nation is "a great and wise nation," (Deut. 4,6) something that Torah quotes the gentiles as saying. The gentiles are impressed by an ongoing economic miracle, ascribe it to Israel's sagacity.

Should Israel choose to ignore the covenant, then, as in our opening Midrash when the mistress removes her dowry from the common treasury, the husband will be forced to take back his own contribution. The result will be tragedy. The remarkable thing in this admonition, as distinct from the one at the end of the book of Leviticus is, that Moses does not mention desolation of the land of Israel, respite of the land on account of the shemittah years not observed, the destruction of the Temple, or the removal of G'ds presence from the holy land. Also the repeated references to Jews, once exiled, as serving idols, are quite different from anything we have read in Leviticus. There is also the threat that Jews will only survive in small numbers.

When man descends from a high ethical plateau, the descent is the reverse of his previous ascent. Since we have shown that the high moral level had been achieved only in stages, gradually, it stands to reason that the descent if and when it occurs, would also be gradual. At the beginning one still performs the ritual of tradition, but only because it is tradition. Its hold on the personality of the person performing it has already been weakened. Later on, one gives up habits which have become devoid of inner meaning. Finally, one abandons even the theory the "Jewish concept" that had once had the power to prompt one to perform mitzvot not only in spirit but in deed. Verse fifteen already states that Israel will experience full retribution. Verse sixteen begins by listing the calamities that will befall the nation following departure from the path of mitzvot. There are three groups of calamities. The first group begins with: "G'd will afflict you with cholera fever." (28,20) The second group begins with: "the skies will be leaden." (28,23) The third group begins with: "you will fall before your enemies." (28,25) After that there follows a long list of personal afflictions designed to frighten the reader. All this is to emphasize how many and varied are the catastrophies both on a national and on an individual level that the Jewish people had never been exposed to, due to G'ds Personal Providence. This Personal Providence had been extended in order to help them to observe Torah laws with minimal inconvenience and from sheltered conditions. The negative chain reaction works as follows. When mitzvot are neglected, Providence is withdrawn. This makes it harder to observe mitzvot, and increases the pressure of worldly affairs. This in turn leads to further neglect of Torah, resulting in people forgetting what they had once known. One will lose one's self esteem, become enslaved to others both spiritually and materially. All of this is due to the fact that one did not serve G'd joyfully, "with joy and good heartedness" (28,47). The "measure for measure" then is, instead of serving the Lord acknowledging Him as the source of our affluence, you will serve your enemies because you are completely destitute. Having undergone a number of indignities, (28,64) you will be scattered all over the earth. Since the return from Babylon had not really been a true redemption, real independence never having been achieved again, the tochacha, admonition only mentions interludes by again referring to "if you do not observe to carry out." (28,58) If during the many years of your stay in your own country, and despite the suffering absorbed, you continue in your obstinacy, you will wind up suffering the kind of plagues the Egyptians suffered. (28,60) The references to our present diaspora are clear inasmuch as they include subservience to a people of a completely foreign tongue, residing far away from the land of Israel. When the Torah talks about the original exile, it mentions only that our king would be taken captive together with us, to a place unknown to us where we would be forced to worship idols of wood and stone. However, when referring to the second exile, the description includes attempts to assimilate to the various host nations, endeavours which will not yield margoah, a sense of calm, but will eventually result in a return to our original values. Also, one of the features of the long exile will be the fear for our lives which will be constantly present, at least in some Jews in exile. (28,66) All this is in contrast with the ten tribes, who were able to either return or submerge and thus escape further persecution.

Since the land had basically been destroyed already after the fall of the first Temple, and G'ds presence had already departed in large measure, and whatever restoration had taken place had involved only a small fraction of the people, these factors are not listed again in this chapter.

The fact that the entire lengthy chapter is read without interruption, i.e. no one is called up during the reading of it, indicates G'ds sorrow at what had to occur, and that He wants it completed without delay. Benedictions are not to be offered to Him at a time when the name of His firstborn people is being dragged through the mud. In this way, G'd manifests that as long as Israel is in exile, so is His holy Presence. The passage stating that Israel has not been given an understanding heart until that day, (29,3) seems to refer to G'd visiting retribution on all of Israel's enemies, in a manifestation that is clear to one and all. It is quite inconceivable that a generation referred to as "the generation of insight," did not mature until the fortieth year of their wanderings. In summation, the whole Parshah is an expression of the G'd/ Israel relationship described in our opening Midrash, listing the respective contributions made by each partner to this relationship.

On the legality of committing unborn generations to a code of conduct adopted by their ancestors. ("Not with you alone do I conclude this covenant etc." (Deut 29,13)

"Neither with you only do I make this covenant"

Midrash Tanchuma on Parshat Nizavim states: When the Jews at the time of Ezekiel wanted to divest themselves of the yoke of the Torah, they approached the prophet on the anniversary of the temple's destruction and asked him: "Does a slave purchased by a priest have the right to eat terumah, tithes reserved for the priest?" The prophet replied that such a slave may indeed eat terumah in the house of his master. They then asked if the slave may continue to eat such terumah even if he has left the domain of the priest, such as when the priest has sold him? Ezekiel answered that in that case the relationship has ceased and the slave may not eat terumah To which the people replied: "We too have left the domain of G'd, our former Master, who has sold us." Ezekiel said to them: "The thing that is on your mind, namely to become like the other gentile nations, will never come about. G'd has sworn an oath that even if He has to rule over you with force and fury, you belong to Him by reason of that oath." That is why He maintains you as a nation even to this day ,”...quoting the above verse from Parshat Nitzavim regarding the as yet unborn generations. Rabbi Shemuel bar Nachmeni added: "Why are the as yet unborn generations not described as not yet standing here this day, but rather as simply not present? Because, though their bodies are not yet part of the Jewish people entering the covenant, their souls are present already this day."

It is logical that a person cannot impose on untold numbers of future generations, obligations that he himself had only assumed by a voluntary vow. Such a vow can obligate those descendants who agree to continue to honour it. Although, biologically speaking, the son is of the flesh and blood of the father, such bonds tend to grow weaker from generation to generation. When applying this comparison to the relationship between the personalities of parents and their children, not only are there dissimilarities already in the first generation, but within a few generations it will be impossible to trace such a personality likeness at all. Ezekiel makes it plain in chapter eighteen, that if parents eat unripe grapes, the children cannot be expected to suffer the consequences. Kohelet 4,8, is at pains to explain the uniqueness of each personality. If children cannot be held responsible for the sins of their progenitors, how could fathers impose their will on subsequent generations? Whenever our sages tell us that unborn generations were bound by the oath mentioned in our Parshah, they are careful to emphasize that the souls of those generations had in fact been present at the time the oath was pronounced, and they became committed due to their souls having been present. However, this concept requires clarification, since the obligation to perform mitzvot requires both body and soul. The Torah was given so that "Adam" should be able to live by it. "Adam" in this case is synonymous with "Man." (Leviticus 18,5) The term "Adam" is only applicable to a being possessed of both body and soul. Since halachah, Jewish law, teaches that obligations cannot be imposed upon anyone unless he is present and expresses his consent, and that even the conversion of a minor to Judaism under the auspices of a proper Bet Din, Jewish Court, has to be reconfirmed upon that minor attaining the age of thirteen, (Ketuvot 18) how much more would the consent of someone be required that had not even been born at the time the obligation had been imposed upon him? The Talmud in Berachot 58, rules that when one finds oneself in the presence of six hundred thousand people, one needs to recite a benediction. The reason seems to be that when in the presence of such a large gathering, all possible permutations of both body and mind must be present, so that one has viewed all mankind, so to speak. If this is so, then the two occasions when the Jewish people accepted G'ds covenant made it impossible for a Jew of a subsequent generation to argue that his exact counterpart had not already accepted that very same covenant he was now being asked to live up to. The problem with this kind of reasoning need not be elaborated. Another difficulty surrounding our subject is verse thirty five in Jeremiah chapter thirty one. "If these ordinances ( sun as a source of light by day, moon and stars as sources of light at night) depart from before Me, says the Lord, then the offspring of Israel shall also cease from being a nation before Me, forever." The reading of that chapter suggests that only a complete suspension of all the laws of nature could sever the bond that exists between Israel and its G'd.

If we interpret the above to mean that Israel will be physically unable to break the covenant of its forefathers, the fact that throughout the ages large segments of our people have always defied the rules of the Torah, is mystifying. Also, if we cannot contravene the laws of the Torah physically, what about the concept of free will upon which the entire system of reward and punishment is built? Again, if G'd feels compelled to threaten retaliation for nonobservance of His laws, there evidently cannot be a question of physical inability to transgress these laws! Furthermore, if G'd had the power to make us live up to the covenant, threats of chastisement seem pointless. From all the above, we feel that it is clear that the matter of the oath needs to be understood somewhat differently from the manner most commentators have presented it. We must also subscribe to the notion that the eternal existence of the Jewish people as well as their special status amongst the nations is not tied to the observance or non observance of the covenant, but rather that it is anchored in the very nature of this people, which will not change even when defying the covenant. Although the impulse for self-destruction is abnormal, unnatural, G'd has seen fit to legislate against the commission of suicide, assuming that such legislation might dissuade a few people bent on self-destruction. The rare phenomenon of wilful self-destruction does not undermine the will of the vast majority to remain alive. Similarly, the estrangement of the nation from its G'd cannot be brought about by the desertion of a few, since the bond tying it to its G'd is far too deeply rooted in history. The following parable will illustrate the whole subject more clearly. A certain highly intelligent and courageous young man who successfully confronted his less highly principled peers, became the object of his peers' hatred. They did everything to make the young man's life unbearable until the young man sought refuge at the King's Court. There he was placed under Royal protection. The young man thereupon concentrated his abilities and energies on performing a series of duties for the king, until the latter decided to grant him a special status in recognition of his selfless devotion. The king entered into an agreement with the young man whereby his special status would also extend to his descendants, on the understanding that such descendants would keep faith with the king, and would continue to perform the duties assigned to them. The young man was overjoyed by this generous offer, and accepted with alacrity. For several generations the descendants of the young man prospered and kept their part of their ancestor's bargain. The fifth generation, having become extremely wealthy, decided that the services rendered to the king had become too onerous, and refused to carry out the terms of the agreement their forefather had entered into. Their complaint was directed at their forefather, whom they accused of having committed them to a life of servitude to the king. They therefore claimed the right of self determination, and the freedom to decide for themselves whom they would recognise as their Master. The king was quite agreeable, pointing out however, that since the family's obligations were being terminated, so was his own undertaking to grant this family special protection against its natural enemies, and to ensure its continued affluence. As soon as all the former enemies heard about the changed relationship of that family and the king, they resumed harassing the family with devastating results. No one in their right mind would accuse the king of having punished that family. Everyone understands that whatever evil befell that family from that time on had been their own doing, that they had only themselves to blame. Applied to the Jewish people, the comparison is quite simple. Jacob, choicest of our ancestors, had incurred the wrath of Esau, the jealousy of Laban, the enmity of the Canaanites around Shechem, and had led a life of frequent upheavals, daily skirmishes until he took refuge under the wings of the shechinah. (Genesis 35,8) "The Lord who has answered me on the day of my distress." Because his way of life had found favour in the eyes of G'd, He assured Jacob of protection against his enemies, and this support continued throughout the generations, (see beginning of Parshat Vayetze) The promise was spelled out in detail at Mount Sinai, (Exodus 19,5) when the condition "now you must hearken to My voice and observe My covenant etc" was made a prerequisite for this continued protection and special status of the Jewish people. These conditions were further emphasized in Deuteronomy 26,15-19, when the reciprocal relationship between Israel and G'd is repeated in clear and unmistakable language. If subsequent generations would repudiate the deal made by their ancestors by worshipping idols and other acts of disloyalty to their erstwhile king, then the ill fate that would befall them could not be described as punishment by that king. On the contrary, they would be considered the architects of their own misfortune, especially, since G'd is on record as withdrawing the special status this people had enjoyed heretofore. The crucial aspect of the eternal nature of the covenant is, that just as mass suicide committed by a whole people simultaneously is unthinkable, so the alienation of the entire Jewish people from its Torah and its G'd simultaneously, is equally beyond the realm of possibility. When the Talmud in Shabbat 88, discusses the coercion used by G'd in order to get the Jewish people to accept the Torah at Sinai on pain of immediate burial under the Mountain, Rabbi Acha bar Yaakov raises the issue of the validity of acceptance under duress. This issue is raised concerning the people standing at the foot of the mountain. How much more would this question apply to later generations who had not even been present on that occasion! Those later generation who had not experienced liberation from bondage in Egypt, had far less reason to accept the Torah out of a sense of gratitude for their deliverance! The argument in the Talmud is turned aside by a reference to the Jewish people accepting Torah completely voluntarily at the time of their deliverance from the threat of extinction by Haman. That acceptance is deemed binding for all future generations. That so-called voluntary acceptance was induced by the realisation that if G'd were to forsake them, their very existence would come to an end, as had been demonstrated by their experience with Haman. The latter had almost succeeded in wiping out a nation that had considered itself both secure and emancipated. When the wording of the covenant in Parshat Nitzavim stresses that the covenant did not only apply to the generation of the Exodus, but to all subsequent generations, the reference to the generation of the Exodus teaches that even that generation did not have to accept Torah out of a sense of gratitude, but rather because Torah had become a natural habitat for the Jewish people, just as water is for fish or blood for the body. "She is a tree of life to those who support her." (Proverbs 3,18) Just as G'd had promised never to bring another deluge, since conditions would not be allowed to recur which would call for such mass extinction, so conditions allowing a total rupture between Israel and its G'd would also not be allowed to recur. This is what the oath in our Parshah wishes to convey. Jeremiah 31,16, quoted earlier, describes a situation which is possible in theory, since all physical phenomena have measurable finite dimensions. Since the effort in actually taking those measurements is mind boggling, so is the idea of G'd despising the entire Jewish people. Isaiah 54, 9-10, may be understood in a similar vein.

Denial of the covenant, or breaking the oath, can occur in different ways. If the entire Jewish people were to suffer a relapse and deny basic Jewish truths, rejecting G'd and His Torah in its entirety, this would be the event that we have described as impossible to occur in practice. Alternately, the entire nation might fail to observe the terms of the covenant, without however, rejecting it in principle or out of conviction. Again, similar distinctions can be made in the case of individual Jews failing to observe the covenant. Non observance may simply be due to the weakness of the flesh, not to any philosophical considerations. This latter kind of non observance has occurred throughout the ages. It has resulted in our national misfortunes, hence the classic warnings of the Tochachah, see Leviticus chapter twenty six. In that same chapter, G'd spells out the fact that in spite of all these dreadful prophecies coming true, He will not sever His covenant with the Jewish people. This is proof that there will be at all times at least some Jews who will return to the traditional observances and seek rapprochment with G'd. (Deut. 4,31) "For He will not forget the covenant with your fathers that he had sworn to them." This is a proclamation that this is an unalterable historical fact.

"Ye are standing this day all of you before the LORD your God" etc. "that thou shouldest enter into the covenant of the LORD" etc. "that He may establish thee this day unto Himself for a people, and that He may be unto thee a God" etc.

The question posed by the Jews in the twentieth chapter of Ezekiel, was asked by believing Jews, since the parable they use begins with describing G'd as their Master, i.e. "they came to enquire from the merciful G'd." They wanted to know whether in view of their Master having sold them, the basic relationship between G'd and the Jewish people had undergone a change. It was this possibility that Ezekiel denied so vehemently. He explained that G'ds intent was merely to exercise His rule over them through making them suffer privations. Re-establishment of the former "loving care" relationship could begin only after repentance of their abominable deeds. The references in that chapter to what had occurred in the desert after the Exodus, are only to stress that just as at that time the eternal character of the Israel/G'd relationship had not been severed, so there would once again come a time when Israel would learn the error of its ways and then an in-gathering of the exiles could take place.

Individual heresy, discussed in our Parsha also, (29,17 et al) may be understood thus. Man is compared to the tree of the field (Deut. Just as a garden may contain many trees, some bearing fruit though poisonous, although all are drawing their nourishment from the same brook flowing nearby, so the waters of Torah too, being the source of our sustenance do not produce the same results in all people. Where there is a rotten core, even the purest form of nourishment can become contaminated. Our Parshah deals with individuals who may have a rotten core, in whom even the study of Torah sooner or later leads to undesirable results. This is why the Talmud in Chullin 133, tells us that students of bad character should not be given instruction, as it would be foolish to accord honour to a fool, or worse still, to further heresy. The fool is he who professes to believe that the strictures we read in the Torah apply only to believers, to people who had first affirmed the tenets of the Jewish religion. They think that those who have never accepted the Torah as a yardstick for their personal conduct, are exempt from G'ds retribution. It is to such individuals that the Torah addresses itself in our chapter. Contrary to what they think, such people will be singled out for special attention. They would not even be able to enjoy the blessings bestowed by G'd on His people due to the people's overwhelmingly loyal adherence to G'd and His Torah. In verse eighteen, the thought processes of the evil hearted people are described. "In order that the well watered confer its benefit on the dry by mere proximity." The Torah describes the following scenario: Two fields thrive, due to the presence nearby of a natural water supply. A third field nearby requires artificial irrigation. The owner of the third field, relying on the proximity of his field to the other two which enjoy a natural source of water supply, neglects to irrigate his field by failing to install the necessary mechanism. The Torah, by describing the punishment of such a farmer as particularly harsh, i.e. "He will wipe out his name," (29,19) stresses that this kind of penalty is reserved for individuals. In exploding the myth that since the community will prosper, the individual cannot suffer regardless of his conduct, the Torah merely applies to Israel the promise of G'd after the deluge. Likewise, the destruction of Sodom and Gomorrah had taught this lesson about evil minded communities. The Torah completes the chapter by explaining that the function of the Jewish Court of Law is to act as G'ds representative for crimes committed publicly, but that transgressions which occur in private, and cannot be dealt with by the judiciary, will be taken care of by G'd personally.

"And it shall come to pass, when all these things are come upon thee" etc. "and shalt return unto the LORD thy God, and hearken to His voice".

The Talmud in Berachot 34, discusses the relative merit of the repentant sinner and the righteous. Rabbi Chiyah says that all the prophets prophesied their rosy visions of the future only for the repentant sinner. Concerning the righteous however, (the ones who had never sinned) "no human eye has beheld the glorious future in store for them; only the Almighty Himself has envisioned that." This view differs from that of Rabbi Abahu, who said "wherever a repentant sinner stands, even the perfectly righteous are not able to stand." Scriptural proof is cited from Isaiah 57,19 : "Peace, Peace, unto the distant and unto the one close by." The "distant" is greeted first, only subsequently the "near one." How does Rabbi Chiyah interpret this verse? He says that "distant" means someone who had remained distant from sin, whereas "near one" means the ones who are close to sin.

When G'd created the universe, He created three levels of creatures. A) The totally abstract intelligent beings form the highest layer. B) All the bodies in outer space form the middle layer. C) The lowest layer of creatures, i.e. everything here on earth. All three layers of creations share certain basic phenomena. 1) They exist. 2) They endure. 3) They possess a degree of perfection. Naturally, the closer the creation is to its original Creator, the greater the measure of the aforementioned attributes such creations possess. We on earth on the other hand, having been fashioned out of dust, enjoy very little in the way of an enduring existence, our only claim to eternity being our continuity as a species. The degree of perfection that we do enjoy is also limited, due to the imperfect nature of the materials used in fashioning us. In spite of the best efforts of the finest craftsmen to improve, beautify and enhance whatever there is on this earth, their efforts only achieve an improvement in the external appearance vis a vis its natural state. Our basic position in the universe is not improved vis a vis the planets or the disembodied spirits. Any discussion of closeness to or distance from the Creator, can be meaningful only if one remains aware that our position in the universe will remain that of being the most remote from the Creator. Man, alone of all the creatures in the universe is found in two spheres. Physically, we undoubtedly belong to the third realm, whereas spiritually, we belong to the first realm. Man alone, thanks to being in possession of a free will, is able to anchor himself more and more firmly in the first realm, in direct ratio to his efforts to gain deeper insights. As a result, he will also improve his character, personality, and become closer to the inhabitants of the first realm. All this is possible in spite of the fact that man was last in the order of creation, and therefore furthest removed from the Essence of the Creator. "He blew a soul into man." (Genesis 2,7) By this act, the Creator established as close a relationship with man as exists between the creatures of the first realm and Himself. In this manner man became equal to both the first and the third realm of creation, simultaneously. Man alone, of all that has been created, is therefore motivated to escape death and oblivion, to seek the source of eternal life and cling to it with all his might. At least that is the path taken by man when he lives according to the wishes of his Creator. We find the expression halach, he walked, used in connection with most outstanding people, since their lives represented constant progress, movement towards a goal, an objective. "Enoch walked with the Lord." (Genesis 5,22) When one feels distant, one tries to come closer. Finally, when one has reached one's goal of closeness to G'd, we read "for the Lord took him." (ibid) Noach was a similarly motivated person. "Noach walked with G'd ." (Genesis 6,9) Of the ancestors, collectively, the Torah testifies "your forefathers walked in front of Me." (Genesis 48,15) Abraham is commanded by G'd: "walk in front of Me and become perfect," (Genesis 17,1) after he had already practiced walking for many years. Clearly, all this "walking" had been inspired by original man's (Adam) failure to move forward. In fact, when Adam heard the voice of the Lord "walking" in the garden, he "hid himself;" he did not even try to keep in step with G'd. (Genesis 3,8) When the Torah reports Amram marrying Yochebed, this is described by the words "a man from the house of Levi walked and married a daughter of Levi." (Exodus 2,1) The choice of the expression "walked" could symbolise that this act was a great movement forward in terms of the condition of the Jewish people at that time. Even Yitro appreciated the meaning of Torah when he said to Moses "you will inform them of the way they should walk." (Exodus The Torah asks us innumerable times to follow the footsteps of G'd, or to "walk" in its ways. (Torah) The prophet Elijah perhaps illustrates this quest of constant movement towards G'd, best. We always encounter him as being on the move, until finally, G'd takes him unto Him. Unfortunately, not many people appreciate their mission, and act in a way that facilitates such movement towards G'd. Even some people who have set out on the right way, get sidetracked. This is the meaning of the verse "the ways of the Lord are straight; the just walk along them, whereas the sinners will be tripped up by them." (Hoseah 14,10) There are obstacles on the path toward achieving closeness with G'd that only the righteous can overcome. (The author proves these points by more quotations)

Since man's purpose therefore cannot be achieved without valiant effort on his part, and we observe more people regressing rather than progressing, the Lord, in His infinite wisdom created the vehicle of repentance. This will give those who have erred along the way a chance to return to the proper path. Each group of people,- in accordance with their respective characteristics,- is given a chance to do repentance accordingly. The best kind of baal teshuvah, penitent sinner, is the person or group of persons who is constantly worried about having committed a sin, and who therefore repents instantly, as soon as he becomes aware of an error committed. Such people seek to prove their having repented by exposing themselves to circumstances similar to the ones in which they had previously failed. In this fashion they can prove the viability of their repentance. Another type of baal teshuvah is the sinner who is aware of errors committed, but who lacks a sense of urgency and needs to be prodded into active repentance. Such people call on the Priests and the Levites for guidance in order to find the way back to Hashem. Then there is the third group of sinners, who do not consider repentance until the consequences of their sins have caught up with them, and they have discovered that the path they had chosen for themselves was useless.

The Talmud in Kiddushin 39, says that if one sits still, does not commit a sin, this is equivalent to having performed a mitzvah, a commendable deed. What is meant is that if a person resists the lure of the aveyrah, the transgression, the struggle involved in resisting the temptation is the mitzvah. Isaiah 33,15, lists a number of accomplishments that consist of not doing certain things. Included are such things as refraining from accepting bribes, not oppressing the defenseless etc. Such people tower above their peers (verse 16) "they live in lofty places." This proves that one can attain a degree of perfection by simply refraining from perpetrating sinful acts one used to perpetrate. It is true, that under normal circumstances, the baal teshuvah enjoys three advantages over the perfectly righteous person. 1) His actions are more convincing, stemming as they do from an inner struggle. They are performed with deeper consciousness of their significance. 2) He acts with a greater sense of urgency, does not postpone taking action, since he is aware of the obstacles that had to be overcome to make him ready to perform the good deed. 3) Even those good deeds he has not yet performed due to lack of opportunity, are considered as good as having been performed. We are told in Kiddushin 40, that G'd gives credit for the good intention of performing the good deed, not only for the good deed itself. This means that there are occasions when the good intention alone is equal in value to the mitzvah had it been performed. The amazement expressed by Rabbi Yehudah Hanassi about this, was resolved by a Heavenly voice telling him that a baal teshuvah may earn the title "Rabbi" even posthumously. Abraham who had prepared Isaac for slaughter was also rewarded as if he had in fact carried out the deed. This is the meaning of G'd saying "now I know that you are G'd fearing; for you have not withheld your only son from Me." (Genesis 2,12) The Rabbis comment that Isaac's ashes had lain in front of G'd. (Berachot 62) It is the quality of the mitzvah which is so important when the baal teshuvah performs it. Vet there are basic distinctions in the motivation of penitence experienced by different baaley teshuvah. A sinner whose pentitence is based on fear of punishment, accomplishes through his penitence that his intentional sins are now considered as having been committed unintentionally, as having been merely errors, whereas a sinner who recognises the folly of his ways and desires true closeness to G'd, has all his erstwhile sins transformed into meritorious acts. (Resh Lakish, Yuma 86) When we read in Kiddushin 39, that a man sitting down not committing a sin is considered as having performed a mitzvah, this refers to the repentant sinner who previously would not have missed an opportunity to indulge in that transgression. "Sitting" must be considered as "sitting down again although he had already risen in order to commit that sin. Conquering his temptation is what makes this sitting down equivalent to performing a mitzvah. After listing a number of non events such as not lending money for interest, not taking bribes, not slandering, Psalm 15,4, concludes by stating "he who does these will never waver." We see that on occasion inaction can be the height of perfection. Philosophers who state that perfection attained at birth is superior to perfection attained after much effort spent on refinement, have a point; however, the Torah viewpoint is based on the concept of "the reward is in direct ratio to the effort expended and pain experienced in order to perform that particular mitzvah "G’d decides which effort deserves what degree of credit. This is what Rabi Abahu's statement is all about. He does not disagree with Rabbi Chiyah. The latter is concerned with one's distance from sin, whereas Rabbi Abahu is concerned with the effort expended in not succumbing. A parable may illustrate the point.

A king commissioned two artists to decorate the walls of his throne room, setting a time limit for completion of the task. The first artist, true to his reputation, set to work immediately and completed beautiful murals in good time. The second artist allowed most of the allotted time to elapse without even commencing the work on his side of the throne room. When he finally realised that time was running out on him, and that he could not hope to match his colleague, he decided to polish and silver the walls he had been commissioned to paint so that they would reflect the images portrayed on the walls that his colleague had decorated. He hung a curtain across the room, and when the king inspected the work of the first artist he was favourably impressed and profuse in his praise. When the second artist took the king to inspect his handiwork,- the curtain still dividing the two halves of the room,- the king became noticeably angry, failing to be impressed by polished blank walls. Thereupon the artist removed the curtain, and suddenly those two walls were filled with the perfect reflection of the murals of the first artist. The king rewarded the second artist even more handsomely, having been impressed by that artist's genius and the circumstances that occasioned it. This illustrates that although the work of the first artist was undoubtedly the superior accomplishment from the standpoint of originality, the latter had required the greater effort in order to achieve a similar image. The king realised that only careful groundwork had enabled the second artist to project a major mural on to his walls instantly. The reward paid him was in recognition of his inventiveness as well as his effort to compensate for his former laxity.

In our Parshah, Moses presents a threefold picture of the moral platform of the Jewish people, parallel to what emerged at creation. Then we had three stages. 1) Adam as he had been in Eden before the sin. 2) Adam after the sin, when he hid from G'd, having absorbed sin into his system. 3) Adam's quest for forgiveness for 130 years after having heard the penalty that had been decreed. Our Parshah begins at that point. "You are standing today upright in the presence of the Lord your G'd.” Just as Adam had stood upright in Paradise, so the Jewish people had their hour of being able to stand upright before the Lord. All man had to do at that time was to bridge the natural gap between him and G'd, since he did contain matter that came from that part of creation most remote from the pure Spirit. However, when under the guidance of "your elders, your judges, your tribal heads," the attainment of closeness to G'd would seem assured. The message is that leadership can accomplish for the nation, what virtues accomplish for the individual in this context. In this context, the word "head" refers to the intellectual leadership; "elders" refers to leadership by those who no longer allow their yetzer hara, evil urge to dominate them. "Police" refers to the ability to retain one's composure even when under provocation. (The task of the police is to maintain discipline) Moses goes on to say "every Jewish man". He means that anyone who is guided by the four principles we have listed, qualifies for the title "a Jewish man." There were also present all those that had not yet matured, i.e. "your children, your wives, your strangers;" the latter are on the threshold of attaining their perfection and are all "marching" along with the covenant of G'd. (Deut 29, 9-11)

Even the as yet unborn will all succeed in their allotted task, if they will heed the same principles. (verse 14) In stage number two, Moses addresses himself to the few who instead of coming closer to G'd, remove themselves further and further from Him, until He exiles them and they taste the result of their estrangement. Having described the nation in its constituent parts and state of near perfection, Moses proceeds (verse 15) to express the fear that even at this stage the odd person might suffer a relapse and return to the corrupt Egyptian ways. Such individuals might comfort themselves by the thought that by reason of their belonging to the meritorious majority, their individual misdeeds would go unheeded. Moses therefore emphasizes that such individuals will not escape the wrath of G'd, and would be dealt with in accordance with the punishments listed in the previous section of the Torah. Moses describes that if the estrangement from G'd should become wholesale and lead to banishment of the people from their land, a teshuvah movement will commence amongst the exiles. Since this represents a return to G'd, G'd in turn will reciprocate with an ingathering of the exiles to the land of our inheritance, until, eventually, G'd will be doing even more for us than He has done for our forefathers. (30,1-10) Exile from the land of Israel, is the natural consequence of wilful estrangement from G'd and His Torah. The teshuvah discussed here is that of the nation as a whole, just as the estrangement though initially comprising only a few individuals, had gradually embraced the nation as a whole, with the resultant devastation described in our chapter. Once started on the road to rapprochement with G'd, the latter will also reverse the process of physical removal from the land. A man who is desperately sick and rejects all food intake due to a feeling of revulsion, will die unless he overcomes his distaste for food, and summons up enough willpower to eat at least a little. Once he has eaten a little, the newly supplied energy will make it easier for him to eat more and thus regain more of his former strength. In this way we can understand Isaiah chapter 55, who at first glance appears to contradict Moses. In Deut. 4,29, Moses seems to make successful establishment of the bond between Israel and G'd dependent on Israel making the first move. Isaiah 55,6, on the other hand, seems to say that there are moments when G'd is approachable regardless of human input. The fact is, that there is no contradiction here at all. Moses addresses himself to the beginning of the penitence process; at that time there has to be an input by the sinner. Isaiah speaks of the continuation of the penitence process, the second stage as it were. The first stage arrests the ongoing estrangement from G'd; the second stage concerns itself with the rapprochement to G'd. Our chapter thirty in Parshat Nitzavim deals with three stages of the penitence process and the respective responses by G'd. Each stage represents a higher and more comprehensive level of penitence, followed by a correspondingly greater response from G'd. Each level of teshuva, stems from loftier motivations. Isaiah 46,2, makes the point that when a beast is loaded down with idols, it must shake off its load in order to survive. If, on the other hand, a beast is loaded with fodder, shaking off its load will expose it to death by starvation. On the contrary, the taking on of additional supplies will enable the beast to complete its trek through the desert successfully. Jews in exile who want to shake off the yoke of the Torah will only advance the day of their total destruction. However, if they increase their burden in the knowledge that they carry the seeds of their survival, they will gradually become stronger and ultimately overcome their exile. The message of our Parshah is that teshuvah has to begin due to one's feeling afflicted. It will bring redemption in its wake. Since the mitzvah of teshuvah is so powerful in its ramifications, one could have assumed that one would have to ascend to Heaven to secure it. But Moses tells us, that it is not so difficult to attain, the matter is very close at hand, "you can perform it with your mouth and with your heart." (30,11-14)

"I have placed life and goodness before you this day."

The Talmud Nedarim 39, reports that seven things were created prior to the universe itself. They are: Torah, Teshuvah, the gan Eden, Gehinnom, G'ds throne, the holy Temple and the name of the Messiah. Scriptural proof is provided. Concerning the Torah it is written "The Lord made me at the beginning of His ways." (Proverbs 8,22) Concerning Teshuvah, it is written "before mountains were born and the earth suffered birthpangs, You turn man to contrition and say "return, ye children of man!" (Psalms 90,3) Of the garden of Eden (Genesis 2,8) it is said: "and the Lord planted a garden in Eden heretofore." Concerning Gehinnom it is written (Isaiah 30,33) "For Tophet in the valley of Hinnom has been prepared of old. He made it very deep; the pile thereof is fire and much wood; the breath of the Lord kindles it like a stream of brimstone." Of the throne of G'd it is said: (Psalms 93,2) "Your throne is firmly established from time immemorial." Of the holy Temple it is written in Jeremiah 17,22: "on high from the beginning, the place of Your sanctuary." Of the name of the Messiah it states (Psalms 72,17) "His name continues since prior to the sun."

Every intelligent human being realises that there are two ways of looking at life. Either one considers life as we live it to be the real thing, considering physical pleasures and joys as the purpose of it, or one looks beyond the obvious. If one believes that the few short years we have on this earth is what life is all about, then we are dead already while we are still "alive." Alternately, if one realises that all true life is inspired by G'd, and one bases one's lifestyle on that premise, one acquires true life already during one's physical existence. The former view is held by the vast majority of people, who by adopting a lifestyle based on that view, anger the Creator. The latter view, resulting in a lifestyle that prepares for the "beyond", has been practiced by the few truly good people since time immemorial. Eternal life is acquired for one's soul in return for living correctly while possessed of a body. David expressed this view when he said "Indeed, I possessed the faith that I would see the good land of life." (Psalms 27,13) Similarly, in chapter 34,13-15, "he who goes on looking for "good" is the morally sound individual who aims at life's perpetuation." Those select people realised that attainment of the "good", is the ultimate aim in life, not that the so-called "life" is the zenith of what we call "good." It is in this context that we understand Psalms 116,15, "precious to G'd is the death of the righteous," since their departure from earth signals their entry into the portals of eternal life.

The greatest tragedy is the death of the soul, which, but for the sins of its owner would have retained an eternal existence. When the Torah in this chapter talks about "life and good" and "death and evil," the terms are not employed in the usual manner. In verse 15 "life" is contrasted with "death", blessings with curses. In the first half of our Parshah we talk about two kinds of life and about two kinds of death. We distinguish between "life" and "good life" on the one hand, and "death" and "absolute death" on the other hand. When observance of Torah commandments is counselled in Deut 6,24, i.e. "so that it shall be good for us for all times, to keep us alive as of this day," the "good" that is meant is being part of a world that is all "good" i.e. without death; the part about "to keep us alive as of this day," however, refers to our existence here on earth. The matter is similar to a person who is offered the choice of two precious stones. One of them is reputed to possess healing powers, but lacks in lustre. The second stone is all brilliance, but is not known to possess any intrinsic qualities. The fool will choose the second stone, being mindful only of what the eye beholds. The wise buyer however, will weigh quality against external eye appeal, and choose the stone with the reputed intrinsic value. Similarly, the Torah in our Parshah. Concerning death also, two choices are offered. 1) There is death due to physical pain, disability etc. 2) There is death that results from the soul having become corrupted. The latter death is absolute, and though at first glance it might appear that people are doing everything to avoid death, they ought to be mindful of our sages' interpretation of the verse (Numbers 19,14) "this is the Torah, man dies in the tent." The Rabbis understand this line as follows; "He who dies in the tent," refers to him who is willing to face physical death to assure himself of a continued existence. The Yalkut Genesis 14, phrases it thus, "if he will live, he will die; if he will die, he will live." The Torah was not satisfied in telling its reader what his objective in life should be, but also explained how to reach that objective. Not only does the Torah explain the way towards that objective, but it also explains how to avoid losing one's way. Just as the science of medicine is divided into therapy on the one hand, and preventive medicine on the other, so does Torah address itself to both problems. Naturally, having once lost one's health, regaining it is a laborious process. On the other hand, preserving one's health and guarding it against the ravages of disease is relatively easier. Regaining one's moral health is also a laborious process. The Torah is quite precise in spelling out the consequences of treading the right path. (30,16) "You will live and multiply," as opposed to the result of taking the wrong path, (30,17) "You will surely perish." The emphasis on "I am informing you this day," at the outset of this verse, introduces a concept that former generations for a variety of reasons did not heed. This concept is that there is something beyond physical death that has to be considered. The reference to life in Eretz Yisrael, which is described as yerushah, an inheritance, something enduring, is to stress that life assumes a totally different dimension from life in chutz la-aretz, outside the holy land. Isaiah describes it in chapter 60,21, (discussion of Israel restored to its land) "Your nation are all righteous people; they will endure in the land forever." Moses calls Heaven and Earth as witness, (verse 19) They are reliable advisors to ensure that we tread the right path. Their existence being an enduring one, they will be around forever, to remind us by their presence of the covenant we have entered into.

Aristoteles (ethics book 3 chapter 5) states that the object of willpower is the end. (purpose) The objects of choice are the means toward that end. Stated differently: if our end (objective) is good health, then the steps taken to attain good health are the objects of our choice, (bechirah) Isaiah 66,3-4, discusses "they chose their ways" and "their soul wanted abominations." In verse four, G'd says "what I did not want, they chose." We observe here that the Jews in question chose evil ends and employed evil ways to attain those ends. The expression bechirah, "choice" is used only concerning ways and means, not concerning ultimate goals. When the Torah in our Parshah (30,19) says "choose life!", it is the kind of life that is referred to. We are to choose the quality of life that will ensure for ourselves the true "good," eternal life. If someone were to say "choose life in order to live!" such a statement would be meaningless. Clearly then, the Torah in our Parshah is concerned with the kind of life we are to choose. When Elisha (Kings II 4,7) tells the widow to "live" on the proceeds of the oil she will sell, he refers to a lifestyle. Similarly, when Solomon in Kohelet 9,9, advises "enjoy life with the woman you love," a lifestyle, i.e. married life is meant. Leviticus 18,5, "keep My statutes and My ordinances by the pursuit of which man will live," refers to sexual mores, a lifestyle to be observed. Concerning all the above, the Torah says in our Parshah "Life and Death I have placed before you!" Bechirah, freedom of choice is subject to advice, not so ratzon, one's will. This is why Bileam says "come I will give you advice." (Numbers 24,14) The letter "b" in bechayim refers to the choice of a particular path towards the objective, not to the objective itself. At the same time, if the right choice of lifestyle is made in order to achieve eternal life, He in turn will not deprive you of all the things needed to sustain physical life in your land which you have come to inherit. (verse 16) The seven things created prior to the universe as we know it, are representative of what gives the universe its purpose. First and foremost "the throne of G'd." The eventual recognition of the majestic glory of G'd was the first thought that preceded creation. Moses paraphrases this by saying "I have placed life before you for your consideration." The second thought was Torah, referred to by Moses as "to love the Lord your G'd and walk His ways." Third comes repentance, a major topic in our Parshah. Whosoever fails to take advantage of the opportunities the institution of teshuvah offers, will be smitten by a punishment that will ultimately result in his oblivion. Fourth is gan eden, Paradise, the promise of an enduring existence. "You will live and multiply." Fifth is gehinnom, the alternative to gan eden. It too had to be planned prior to the creation of the universe. Moses refers to it as "surely you will perish." Item number six is the name of the Messiah. This refers to the presence of mentors who would remind man of his duties. Moses refers to them by saying "I have called as witness, Heaven and Earth" The seventh and last item, the provision of material needs, is inherent in the existence of the "Temple," ensuring as it does the presence of the shechinah, i.e. G'ds presence, and consequently the bounty of His goodness. We see that our Parshah enumerates the seven ingredients which between them were the prerequisites for the success of the work of creation.

"At the end of every seven years"

The Talmud Chagigah 3, discusses a lecture given by Rabbi Eleazar ben Azaryah on the subject of hakhel, the assembly held once in seven years on the Sukkot festival after the end of the shemittah year. The requirement of the Torah is that both men women and children attend. Since the children could not comprehend nor benefit from hearing the Torah read, why did they have to be present? Rabbi Eleazar explained that this requirement was included in order to reward the adults for bringing their children.

Man faces four major difficulties in life. It is these that make it so hard for him to achieve closeness with his Maker. They are: A) The need to earn a livelihood. Man does not find his needs ready made, like the animals do. B) Due to natural law, man keeps aging, getting weaker and weaker as he gets older. Part of his time on earth is spent fighting disease and counteracting the ravages of time. C) The need to fight those forces that try to deny him those things he has already achieved. D) Competing philosophies that lure us into betraying our traditions.

The author demonstrates that Psalm forty two, addresses itself to these problems. Verse four deals with problem number one. Verse eight deals with problem number two. Verse ten laments problem number three, and the first verse in chapter forty three deals with problem number four.

We find a Midrash Tanchuma on Parshat Beshalach section twenty, which states that expounding and interpreting Torah has been granted only to those who ate manna and those who live on tithes. It is clear that the meaning is that only people who do not have to worry about providing a livelihood for themselves and their families, can take out sufficient time to immerse themselves deeply in the study of Torah. Since the generation of Jews who came out of Egypt had no need to work for a living, they qualified for the task of Torah study in depth. In fact, that generation was immune from all the four impediments normal people face in their quest for G'd and His Torah.

The reason the mitzvah of hakhel, "assemble!", is to take place on the holiday of Sukkot following the shemittah year, is directly related to the above mentioned natural obstacles to Torah observance, and the achievement of self perfection. Since the new shemittah cycle has only Just begun, or at any rate soil preparation for all the crops which had completed the first third of their growth before Rosh Hashanah are still treated as shemittah produce, the need to attend to parnassah problems is practically non-existent at that time. Moreover, G'd had promised a harvest good for three years for the year prior to the shemittah year, (when the land lies fallow) This was to prove that observance of the shemittah does not impoverish. (Leviticus 25) Secondly, from the point of view of weather, Sukkot is the best time of year, there being neither extremes of heat or cold at that season to make travel unpleasant, nor are any physical ailments excarcerbated at that time due to weather conditions. Thirdly,at that season, there is little to fear from external enemies. The day of Atonement having just passed, everyone is in a state of innocence. Fourthly, reading the Torah to the people at that time is the best guarantee against people falling prey to an alien philosophy.

Rabbi Eleazar also said that the children seeing and remembering the king himself reading the Torah, will help their reverence for G'd in the future. Although chapter 31,12, "their sons who do not know, will hear and learn to fear the Lord your G'd," could have simply referred to as yet unborn generations, Rabbi Eleazar interprets the verse as referring to children that have been born but are not yet of school going age.

G'd said to Moses "you will soon die.”

The Sifri on Parshat ha-azinu quotes the following parable. A king entrusted his son to a pedagogue, to sit and watch over him. The son said to himself: "if my father thinks that the fact that he has handed me into the hands of a pedagogue will change anything, he is mistaken." I will see to it that the pedagogue will be well fed, and will have a comfortable place to sleep. Meanwhile, I shall do as I please." The father explained to the son that the only reason he had entrusted him to the pedagogue was to protect him from being led astray. Moses said to the Israelites: "in case you have any intention of escaping from beneath the wings of Divine protection, or to escape to any place on earth, Heaven and Earth will be on record." Job says "that the Heavens will reveal his sin, the Earth will rise against him." (Job 20,27) When Israel will argue at the celestial Court in the future "I am not sure who went wrong, or who changed the relationship. Has G'd changed His relationship with Israel, or vice versa?" At that point, "the Heavens will tell about His righteousness." (Psalms 50,6) Israel corrupted its ways before G'd; G'd certainly did not change His commitment to Israel. This is what the prophet Maleachi said: "I am the Lord, said the Lord, I have not changed." (Maleachi 3,6)

Since the effort expended on creating anything that is known not to endure is wasteful, (compare chapter 58) and since we cannot ascribe activities to G'd that are wasteful or vain, we are faced with the problem why G'd extended Himself to take the Jewish people out of Egypt, lead them to the holy land, had them build a Temple by Solomon and achieve unheard of glory, only to let it all collapse four hundred years later. Philosophers offer two explanations. One is that G'ds prescience, foreknowledge, was inadequate, and that G'd involved Himself in all these efforts because He had not foreseen the end. The second explanation is that G'd lacked the power to forestall certain events. Since either of these explanations assumes a lack of perfection on G'ds part, they are inadmissible. Some Jewish philosophers including Gersonides, wish to describe G'ds foreknowledge of events as limited to the type of events which are not subject to decisions made by humans. They claim that G'd knows human decisions before they have been made, only when the latter correspond to the laws of nature as formulated at the time of creation. In other words, those human decisions that are only apparently free, such as the food intake necessary for survival, sleep necessary in order to function normally, wearing of protective clothing against the rigours of the weather, are things G'd knows all about in advance. Decisions of man which are truly free however, G'd does not know about until such a decision is actually made. In this way Gersonides explains why Moses wanted to refuse the appointment to lead the Jewish people out of Egypt, since he felt that the ultimate success could not be known beforehand. He thought that this had been the reason G'd had had to bring the deluge or to destroy Sodom. Following this line of reasoning, we could understand why G'd is described as vayinachem, He reconsidered. This kind of philosophy however, is opposed to our traditional concept of G'ds perfection. Maimonides teaches that G'd has full knowledge of the Past and the Future, being fully aware of any combination of events that will or might occur. Any other view would conceive of G'ds perfection being flawed somehow. If a deluge became necessary at a certain moment in human history, this was not due to inadequate foreknowledge by G'd, nor to inadequate planning by Him, but was inherent in the character of man himself. G'd had constructed man in a way that makes attainment of his ideal state an extremely difficult task. It is only through the passage of time and the lessons learned from history that man will ultimately achieve the ideal state that is his purpose. The Zohar Parshat Lech Lecha, 125, states that the reason the tzaddik, righteous person is compared to the date palm (Psalms 92,13) is, that once it is cut down it may take seventy years for another palm tree to replace it. Similarly, the righteous are not easily replaced. Also, since both a male and a female palm tree are needed in order for that tree to produce fruit, a tzaddik unless matched with a tzaddeket, i.e. a suitable wife is not really a tzaddik at all. Abraham and Sarah are classic examples of such a well matched pair, of course. What this means concerning our problem is that only in the fullness of time will man and woman reach the goal the Creator has set for them. Setbacks in their progress toward that goal are not due to any shortcomings by their Creator. If we conceive of mankind as a pool of raw material from which the best is to be selected and nurtured, then we get an idea of early mankind. The generations until Noach were predominantly earthy in their orientation, and only a very few were capable of that refinement of mind and spirit that enabled them to become the strain through which all mankind would ascend towards its goal. G'd had been aware of course, at the very outset of that situation. The word vayinachem means to rue something one knew beforehand would happen if the premise on which one had based one's thinking changes. It does not imply a change of thinking on the part of the subject, rather it reflects a change of circumstances on the part of the object of one's thinking. Since it was man that had changed, G'ds decision to prune mankind radically in order to refine the best strain was not a change of heart on G'ds part. Again, from Noach to Abraham no one was found from whom this strain could be refined still further. When Isaiah 51,2, proclaims "look upon Abraham your progenitor, and upon Sarah who suffered your birthpangs," the prophet wants us to know that our origins do not go back any further than to that pair of human beings. Inasmuch as creation itself had served little purpose until the advent of Adam, the first human being, the early generations of man found their real justification of existence only in the fact that they somehow produced a Noach and an Abraham. Abraham is told by G'd "I will make you a great nation," not "I will appoint you, or I will place you etc." In order to become a Jewish nation further changes have to take place before they can qualify for that task. Even when the Jewish people are described as "hail you Israel, a nation saved by the Lord," they are still not yet in their final mould and will have to undergo further refinements with the help of forty eight prophets, sufferings and tragedies. In the fullness of time the ultimate fully refined product will emerge which will represent the objective towards which G'd had striven all along. Israel as a nation, and mankind as a species, are being subjected to a program G'd Himself has set up, although the freedom of the individual is not being impaired thereby in the slightest. Midrash Rabbah Ruth section five on Ruth chapter 4,12, "may the Lord repay your labour and may your wages be complete from the Lord your G'd under whose wings you have come to find protection," says in the name of Rabbi Bunim, that we know the earth has "wings", that the sun has "wings", that shachar, morning has "wings", that cherubs have "wings" and that seraphim, angels have "wings". See how great is the power of the righteous, since they do not rely on the "wings" of any of the above mentioned, but on the "shade" of the One who has said "let there be a universe," as is written in Psalms 36,8, "how precious is Your favour o Lord, human beings can find protection under Your wings." (The Midrash lists scriptural proof for the five "wings" described) Our sages have listed five domains to which men turn for help in securing their needs when they feel the Lord has turned away from them. The "wings" of the earth represent nature and our knowledge of natural law, described by our sages also as "Prince of the earth." When king Assa consulted doctors instead of praying to G'd, he committed a grievous error. (Chronicles II 16,12) Already previously, when engaged in fighting Basha, king Assa had relied on a gentile ally rather than ask G'd for help. This is why he was punished. The "wings" of the sun, refers to the knowledge of astrology. Those who rely on such knowledge to plan their lives, are equally contemptuous of G'd. Solomon who describes people as "under the sun," refers to the kind of people who put stock in their knowledge of astrology. The "wings" of the cherubs refers to those who feel they receive guidance from invisible spirits who control the orbits of the planets. The "wings" of the seraphim would refer to the disembodied power that controls all movement, in short to "time" as a determinant in the universe. The "wings" of the morning, (Psalms 139,9) would refer to the domain which our sages call "the prince of the day."

Israel/Yehudah's sin was in worshipping any of the aforementioned, all of which are quite powerless by themselves. Achav was a prime victim of these cults because his wife Izzebel had persuaded him. He taught these cults not only to his family, but to the nation. His son Achaziah practiced this folly in even greater degree than his father. This brought about the encounter which forced the prophet Elijah to destroy several groups of fifty soldiers each by calling down fire from Heaven to kill them. (Kings II,chapter 1) Since Achaziah sent three times a group of fifty soldiers instead of increasing the size of the troop contingent each time, there must have been a deeper significance in the number five or multiples thereof.

Presumably, it represented the five illusory powers Achaziah recognised as deities. The first five of the ten commandments, dealing with the relationship between man and G'd, also warn against these five faulty philosophic concepts. Anochi, "I," means "I alone," not even the invisible intellectual concept of "time" has power to control our destiny. Lo Yihyeh, refers to the celestial forces moving the constellations and galaxies. Lo Tissa, do not use the name of G'd in vain, means that if one subscribes to the theory that everything is preordained, employing the name of G'd is equivalent to a denial of G'd, seeing that one does not view Him as a free agent. Zachor, abstaining from work on the Sabbath, proves that we do not believe that we are subject to the "Prince of the day," who supposedly decides what will or will not succeed on that day. "Honouring" parents, as distinct from "fearing" them, as demanded elsewhere in the Torah, teaches that our natural origins do not determine the course of our lives, though they have a share in influencing it. Moses again and again emphasised that at the revelation at Mount Sinai the Jewish people saw fire but no form or image. The people begged G'd to stop the sound and the fire, and G'd concurred. They also asked that Moses the prophet be their intermediary, to communicate G'ds will and words to them. The acceptance of their request by G'd, and the subsequent promise to supply other prophets in lieu of Moses, made obedience to the prophet a cornerstone of Judaism henceforth.

Non obedience, or worse still, sarcasm as displayed by the officers and men of Achaziah, certainly made them liable to the death penalty at the hands of Elijah. The instrument used to impose the death penalty was symbolic, a reminder of the origin of the prophet's authority. Deuteronomy 6,22, stresses the uniqueness of the people having survived hearing the voice of G'd "out of the fire." Jewish history has shown that many of our people have become victims of the same false philosophies as Achaziah and the first two sets of fifty soldiers. Only the fate that had befallen that group had taught the third captain to recognise the futility of such philosophies, and that one must entrust oneself to the Almighty Himself, not to His agents. The essential thing is not to deny the very real function that these five forces represent, but to recognise that these functions are not the result of independent power, but are all controlled and supervised by the Eternal, the Creator of Heaven and Earth. Good and intelligent people therefore entrust their affairs to the Creator Himself.

The Talmud Pessachim 119, interprets the verse in Ezekiel 1,8, where we find the spelling of "hands" in the singular, i.e. "His hand", to mean that G'd is prepared to accept repentant sinners. The meaning of the line then, -in accordance with our explanation of "wings",- would be that those who had heretofore relied on "wings", will from now on rely on His "hand." G'ds hand is spread out to snatch those people from the demands of the midat hadin, attribute of justice, after they have recognised the error of their ways.

Since it had been clear to G'd that ultimate recognition of Him as the prime Mover would not occur until the more prominent forces in nature had demonstrated their inability to offer protection to the individual, G'd decided to create man in the full knowledge that along the long road to this ultimate recognition a great many would fall by the wayside.

The opening parable in the Sifri that we quoted at the beginning of this chapter poses the problem we have been discussing. By granting man freedom of will, G'd, fatherlike, hands over the prince to the pedagogue. The pedagogue can be viewed as the "wings" i.e. the forces subservient to the Lord acting as His administrators in the universe. The son, i.e. Israel enjoying his freedom, felt, that by giving the administrator what he wanted, he could be completely undisturbed by him and free to pursue his own designs without interference. In the end, when found corrupt, Israel tried to blame G'd for its own corruption accusing Him of having turned it over to a pedagogue who appeared to possess independent powers. If the pedagogue did not have independent powers Israel argued, what had been the point of being entrusted to him? If as a result of being placed in the care of a pedagogue, G'ds attitude vis a vis Israel underwent a change, it was not Israel that was to blame! To forestall such reasoning on the part of Israel, Moses calls on Heaven and Earth as witnesses to the constancy of G'ds purpose, and both Psalms and the prophet Maleachi tell us that He has never changed. When Moses predicts the behaviour of the Jewish people after his death, he does so on the basis of his psychological insight of the character of his people, not on the basis of prophetic knowledge. Just as this psychological insight does not commit the people to act in a certain way, so G'ds psychological insight into the nature of the people in no way encroaches on their exercising their free will. The fact that even Moses, a mere human being, could foretell with such uncanny accuracy future behaviour of the Jewish people, is the most vivid testimony of G'd the master psychologist's foreknowledge of the actions of Israel, or anybody else's actions for that matter.

"Give ear, O heavens, let me speak"

It is common practice to communicate important messages to people of stature, whereas matters of an inconsequential nature are communicated to people of lower rank. When Moses calls on Heaven and Earth to be his audience, he thereby testifies to the importance he attaches to the speech he is about to make. (David addressing Avner in Samuel I 26 is a case in point)

The term ha-azinah, give ear, is reserved for the physically more distant listeners, whereas the term shemi-ah, hearing, is reserved for listeners close at hand. For this reason Moses uses the former term when calling on the Heavens, and the latter when addressing the earth. When in contrast to Isaiah 1,2, Moses refers to the origin of the message being himself not G'd, he emphasises the importance of what he is about to say rather than who is saying it. Moreover, "giving ear," refers to listening done with the mind, whereas "hearing" refers to listening done with one's senses, one's physical ears. Spiritual beings, being disembodied, cannot therefore "hear" in our sense of the word. This rule applies at least when both terms are used at the same time. Heaven and Earth respectively are also similes for the highly intelligent and the common minds, respectively. The former can absorb "a heavy rainshower," the latter only "dew," or a mild "drizzle." (32,2)

Proclaiming the name of G'd (verse 3) is designed to make the people listen to Moses' speech, and to put on record G'ds absolute perfection. Verse four is very precise about that. Moses is anxious to preclude the thought that any future disasters befalling the Jewish people could be rooted in an imperfection on the part of G'd. The very idea that Israel could repay a G'd who had proven His perfection with evil for the good He has done for it, can only be due to the fact that it is Israel who is a foolish and unwise people.(verse 6) Moses extols G'ds unique role which far exceeds what any natural father would have done for his son. G'ds claim on the Jewish people is therefore that much stronger than the claim of a natural father on his son. Moses credits G'd with four distinct contributions to Israel's existence. "Your father, --your owner,--who has made you,--and who preserves and maintains you." 1) He brought us into the world, just like a father begets us. 2) He continues to own what He has created, not like an artist or craftsman who sells his creations. 3) Unlike the natural father who is only one of the causes contributing to a son being born, seeing that there is also a mother, G'd is the sole Maker of the Jewish person or nation. 4) He maintains His comprehensive supervision over us during our entire lifetime, something a natural father could not do even if he wanted to. To establish the truth of the four points made, Moses says "remember the six, respectively seven days of creation," and you will understand about the fact that G'd has fathered you. When you reflect on "the years of generations past," you will agree that no one has a prior claim on you. "Ask your father," and he will tell you that whereas a natural father when he sires a son did not plan to create a specific personality, G'd did have this in mind. "Your elders, and they will tell you." They will inform you that there is no other force in the world that can assure your continued existence except He. (verse 7)

Alternately, Moses could have referred to the four kinds of truths that go unchallenged and need no proof. 1) Sensual perceptions; we do not ask for proof that white is white or that black is black. 2) Self evident truths, such as that the whole is greater than each of its parts. 3) Historical truths, handed down by tradition. For instance, no one challenges the historical fact that Jews lived in Spain for many hundreds of years prior to being expelled. 4) Things believed and accepted by one or more nations, for instance the universal concept of immorality. "Remember the days of old," see everyone counts a seven day week. This proves that G'd had created the world in seven days. Had the world already existed, "understand the meaning of generation to generation" then there would be no difference between open ended infinity or partial infinity. Something never ending would be no different since it had never started. Making the week a seven day unit would be pointless then. The whole idea of history, recording time etc. would be pointless in such a context. These facts were handed down by your fathers and your elders.

In verse fifteen we read about five staggered cases of decay, corruption, which are introduced by the caption "Yeshurun grew fat and kicked." The result was a) you became fat; b) you grew coarse; c) you grew gross; d) he forsook the Lord who had made you; e) he spurned the Rock of his support. The specific acts of rebellion are listed in verse 16-18. G'ds response which was equally staggered, is listed in verses 19-25. The penalties listed 1) sword, 2) hunger; 3) wild beasts; 4) pestilence, correspond to the four basic elements the earth is made of, i.e. fire/sword; water/famine; dust/wild beasts; air, ruach /pestilence.

In describing the Jewish people as a nation lacking counsel, Moses underscores the obvious. Only utter fools forget that the achievements of a numerically so inferior nation who have risen to such elevated status, could only have been possible due to supernatural assistance. Survival of the Jewish nation after the commission of a cardinal sin such as that of the golden calf, was only due to G'd not wanting to create the impression of His impotence. Verse thirty two "for the vine of Sodom is their vine," means that even when on the outside Jewish actions appear inspired by worthwhile motivations, "their grapes are grapes of gall." When you taste the fruit, i.e. examine their true motives they will be found to be rotten. Only when the nations of the world will mock Israel in ever increasing volume, will G'd defend His reputation. This period will coincide with a time when Israel will have recognised that it has no one else to turn to but G'd. The entire "song" that we read here in Parshat ha-azinu, is further proof that the course of Jewish history was indeed foreseen by G'd, that it does not represent either impotence or lack of foresight by the Creator. Ramban points out correctly, that had all these predictions starting with Deut. 4,25 "when you will beget children," been based merely on astrology, we would have believed in astrology, seeing that all these predictions have become true. How much more then must we believe in G'd who has recorded all these prophecies in the Torah so many years in advance of their happening. No doubt the as yet unfulfilled parts of the prophecies will come to pass in due course. When Moses refers to the fact that observance is not "a vain thing" (verse 47), he reiterates that nothing is preordained, and would therefore make the Torah meaningless, inconsequential in terms of history. The exercise of our will both individually and collectively, shapes our fate and determines the timing of events forecast in G'ds plan. "Through this thing you will prolong your days." (verse 47) Regardless of the need of the human condition to be perfected through the undergoing of experiences that will help refine and mature it, observance of Torah at any given time, ensures for its adherents prolonged periods of well being on their own soil.

The Sifri on Parshat vezot habrachah, says the conjunctive letter vav, "and" at the beginning of this verse is to be understood as an additional blessing to that which Jacob had bestowed on the tribes prior to his death. (Genesis chapter 49) Moses carried on from the very place that Jacob had left off.

To the extent that man is able to amass both physical and material assets, he is able to share his wealth. A rich man can enrich others in accordance with the amount of personal wealth in excess of his needs. A man of renowned moral stature can transmit to others some of the qualities he has acquired. Whereas physical powers have a tendency to decline with advancing age, spiritual powers are enhanced by the onset of old age. As a result of this phenomenon, blessings and prayers for others are usually reserved till near life's end, since at that point the person bestowing them is at his spiritually most potent. Jacob imparted both blessings and insights to his children when on his deathbed. The prophet Elijah bequeathed his insights to his disciple Elisha when he was about to depart this earth. (Kings II chapter 2) In fact, he warned Elisha that unless the latter was able to watch him ascend, there was no guarantee that he, Elijah had bequeathed enough insights to ensure that Elisha's mission as his successor would be successful. Moses too, had not divested himself of sufficient earthly shells to communicate the maximum amount of blessings he was capable of to his people, until he had actively prepared for death. When Elijah had told Elisha that the latter's powers of observation held the key to the amount of prophetic spirit he would acquire, he was in effect telling him that in order for blessings to be fully effective, both the donor and the recipient have to be in a state of preparedness. This is somewhat like the waters of a fountain going to waste, unless they are absorbed by containers especially prepared to receive them.

All the above mentioned points are manifest when Moses blesses the people. Since the Jewish people had received the Torah in the time elapsed since Jacob's death, they were now able to assimilate greater blessings than prior to the revelation at Mount Sinai. This is the meaning of the Sifri saying that Moses began where Jacob had left off. The Torah refers to Moses as "a man of G'd," when Moses is close to his death. Even though nine other men of lower standing have also been described as "man of G'd," the fact that Moses is called by that name "before his death," indicates that he had attained a stature at that time that enabled him to bestow blessings with optimal effect.

When Moses had ascended Mount Sinai to receive the Torah, the angels at that time had protested to G'd saying "this Torah that You created nine hundred and seventy four generations before You created the universe, You will hand over to a mere mortal? What are the attributes of humans that You would even consider such action?" (Shabbat 88) G'd said to Moses "answer them!" Moses said to G'd: "I am afraid to, lest they burn me with the searing heat of their mouths." Thereupon G'd told Moses to hold on to His throne, (compare Job 26,9) Moses said "Lord, there is a provision in Your Torah to keep the Sabbath holy, not to perform any work on it. Does anyone perform work in Heaven? The decalogue begins with the words "I am the Lord your G'd who took you out of Egypt." Have the angels been taken out of Egypt?.. In this vein Moses demonstrated that the place for Torah surely was on earth and not in the Heavens, if indeed Torah was to be effective.

There are three elements in this aggadah that need elucidation. 1) Since angels are by definition incapable of such emotions as jealousy, why are they represented as being jealous? 2) Why, of all the examples that could have been used, are just the two of the Exodus from Egypt and work performance on the Sabbath used? 3) In the full text of that aggadah G'd is described by a variety of attributes, some opposite to others. Surely, this must have been very confusing for Moses? Since Torah contains lofty ideas, truths that are not easily understood by mortals engaged in satisfying their material pursuits, the angels thought that Torah could not be shared with such creatures. Moses pointed out that Torah addresses itself to conditions prevailing on earth. G'ds throne represents the intermediary between the totally abstract spirit on one side, and ordinary matter on the other. By holding on to the throne of G'd, Moses expressed the idea that Torah is the conduit between pure matter and pure spirit. Therefore it needs to be given to man, to enable the latter to rise to the level that represents his tachlit, objective, and perfection as a species. The spiritual part of man needs Torah to help it overcome the ascendancy of his body, its physical counterpart.

The five examples of why Torah was needed on earth that Moses selected were: 1) "I am the Lord."--The message is that there is a G'd, man's fate is not due to coincidence. His troubles are not due to anarchy in the universe. 2) "Do not have any other deities!" --The Creator is a single Being not sharing power, as Job said "if we accept the good, must we not accept the unpleasant, seeing it all originates from the same Source?" 3) To expound the continued manifestations of G'ds Providence, --do not think that the Lord has abandoned His universe. Oaths must be true, as they testify to the belief in His active guidance of history. 4) To implant in man the knowledge of spiritual well being that awaits him as the result of true Sabbath observance. 5) The perfection of man through observance of social laws, as G'd says elsewhere, "choose life!" The angels were persuaded by the power of Moses' arguments and exclaimed "how great is Your name in the entire universe!", thus acknowledging G'ds wisdom.

The thrust of Moses' argument in each case was that only if the angels considered themselves fools would the above mentioned instructions of the Torah apply to them. From all the above it follows that just as Torah can only be of significance and meaning to creatures possessed of both good and evil inclinations, so human beings who are unable to achieve mastery over their desires because they are not free agents, are not subject to the laws of the Torah. Slaves, women and children are each subject only to limited sections of the Torah, since their self determination is restricted and they are not truly free in that sense. Those who are physically free, but have sold themselves to their senses, will not derive much benefit from Torah, since they opted to forego mastery of mind over body. Only Israel, trained through many years of deprivations, had achieved the level of freedom that enabled it to benefit from receiving the Torah. This is the argument embodied in the famous Midrash (Avodah Zarah 2) which depicts G'd as offering the Torah first to different nations, all of whom in turn rejected it for one reason or another. The common denominator behind the rejection in each case was that they did not wish to re-examine their basic lifestyles based on enslavement to one or another of their senses. ("I have to steal" or "I have to murder") All of this is justification for not giving the Torah to those nations, just as Torah was not given to the angels. The former are beyond reach of the Torah, the latter beyond need for Torah. There was therefore no favoritism involved when the Torah was given only to Israel.

The paragraph commencing with the words "the Lord came from Sinai," (33,2) exemplifies that already prior to that event, nations such as Ishmael and Edom had proved unwilling to accept the Torah. Israel's acceptance was unique among the nations, since no one else was ready to accept the authority of Heaven. This act of voluntary submission made Israel into the "chosen people" even though G'd had displayed fondness for other nations also. See 33,3, "He has fondness for nations, but holiness is all concentrated within you." (Israel) Also the other way around. He is beloved by some people among the nations, converts to Judaism, but on a collective basis as distinct from an individual basis, holiness is found only in Israel. tukku leraglecha, you have submitted to G'd en masse. In turn, you were lifted up by "Your commandments." This is a reference to martyrdom for their religion displayed by Jews when confronted by the chance to save their lives through conversion to Christianity etc. morasha kehillat Yaakov.

This commandment to successive generations to observe and to believe, is a unique commandment found only in our nation. No one else has been born to a religion by reason of membership in "the community of Jacob." (verse 4) The acceptance of the Torah by the entire nation made it irrevocable. "He became King in Yeshurun." Having proclaimed G'd as King, He in turn offers His blessings both in material and spiritual ways.

Moses' blessings are viewed as a continuation of Jacob's blessings. Jacob had concluded with the line "and this is what their father said to them when he blessed them." (Genesis 49,28) So Moses says "and this," at the beginning of his blessings, whereas we find this term used at the very end of Jacob's blessings. Since Reuben had been demoted at the time of Joseph's sale, and had been the subject of his father's criticism at the time Jacob died, Moses emphasizes that though numerically not strong, Reuben would produce outstanding men in spite of this. The blessing may also include the assurance that Reuben personally had not lost his share in the world to come as the result of the incident with Bilhah. By mentioning Yehudah next, the fact that Reuben had been mentioned first, shows that Moses had not wanted to deny Reuben his rightful place. Yehudah is mentioned next due to his rank. Since it will be he who will lead Israel in battle, provide the kings, Moses blesses Yehudah by imploring G'd to come to Yehudah's aid when the latter finds himself in difficulties. "Though his hands fight on his behalf, be the helper from his adversaries." (33,7) Since the temporal and spiritual leadership of the nation are to go hand in hand, Levi is mentioned next in the list of tribes to be blessed. Although inquiries re the will of G'd are made via le-ish chassidecha, religious authority, by the use of tumecha ve-urecha, the ineffable name in the High Priest's breastplate, the secular leader is required to stand in the presence of the High Priest. (see chapter 35) Since Moses is himself a member of the tribe of Levi, he apologises for the sin at the "waters of strife," explaining it as having been due to instructions once received at Massa to hit the rock. (33,8) Since the sin had not been intentional, Aaron is not excluded from the term of endearment "your pious one." Both on the occasion of the golden calf episode when the Levites had risked their lives for G'ds law, and at Shittim when Pinchas had done so, the tribe had displayed fervent loyalty. The second function of the tribe is to teach the Torah to Israel, yoru mishpatecha, they will teach Your social laws. Thirdly, service in the temple will be performed by members of that tribe, yassimu ketorah be-apecha, they will put incense before You. The position of Priest and Levite being a hereditary one, it is apt to be viewed by some as an undeserved privilege, and will arouse antagonism towards that tribe. Therefore, Moses asks that the Levites' adversaries be crushed, (verse 11) Moses does not mention the tribe of Shimon, the latter still smarting from the affair of Baal Peor, and the wounds on its collective dignity inflicted by Pinchas. Also, it had just lost twelve thousand men. Moses therefore was content not to criticise the tribe of Shimon at this stage. Also, this made it unnecessary for him to bestow thirteen blessings.

After having blessed the tribes that represented the priesthood and the monarchy, the tribe that is privileged to host the holy Temple in the future, is blessed next. The fact that Benjamin is G'ds beloved is testified to by that very fact, (verse 12) A major factor is that it was the only tribe wholly uninvolved in the struggle between Joseph and his brothers. Joseph who is the mainstay of the kingdom of the ten tribes, comes next. Since Ephrayim will be the leader of that kingdom, the abundance of blessings heaped on Joseph are partly to be viewed as applying to all the ten tribes, but they are identified with Joseph who had displayed moral fortitude in his encounter with the wife of Potiphar. The reference to Joseph as an ox, has been discussed in chapter thirty. Issachar and Zevulun are named next, being the remaining sons of Jacob's major wives Rachel and Leah. Also, they complete the camp of Yehudah. Zevulun is here mentioned ahead of Issachar though he was younger, in recognition of the fact that he assumed the burden of earning a livelihood for his brother Issachar so that the latter could devote himself to Torah study, (verse 18) The "tents” referred to, are the seclusion of the yeshivah, the Torah academy. Zevulun's maritime activities will be amply rewarded so that he can afford to entertain "nations." Gad's turn is next, since he too was considered a reward from G'd by his mother for having turned her handmaid over to Jacob as a wife. Also, he completes the camp of Reuben and the unnamed Shimon. The blessing marchiv Gad, who expands Gad, refers to the fact that it was this tribe that was the first to settle on the East Bank of the Jordan. It was also he who formed the vanguard when it came to fighting for possession of the West Bank. He considered the fact that Moses, Aaron and Miriam were all buried in his tribal territory, as a good omen for his choice of location, and an insurance of the tribe's future loyalty to G'd and Torah. Dan is head of the army group forming the rearguard. His being described as a hit and run expert, fits Samson the best known of his heroes. Naftali being senior to Asher, is mentioned next. Since the chronological order has not been observed in these blessings, Moses is anxious to conclude the blessings for the individual tribes with Asher, who is not only assured of an abundance of material wealth, but is assured that this will not cause jealousy among his brothers, i.e. "he will remain popular with his brothers." (verse 24) In this way the blessings applicable to the nation as a whole in verse twenty five, are an extension of the bounty promised to Asher. Just as at the beginning of the blessings, the line "may Reuben live and not die," refers to the wish that no sudden death should cut short his normal lifespan, so also at the end of the blessings Moses expresses the wish (verse 25) "and as your young days so shall be your old age," meaning that eventual death should come about only as the result of the natural process of aging. "Riding the heavens" (verse 26), is a symbol of the speed with which G'd may come to Israel's aid when needed. The prophecies of Moses, unlike those of Bileam, are not intended for the distant future. Bileam had spoken about "I can see it, but not now" etc.; not so Moses who describes G'd as "riding the clouds" to Israel's assistance as something in the immediate future. In order to be meaningful, victory must comprise four elements. 1) The victor should emerge unharmed. 2) The enemy must have been harmed. 3) The enemy must be seen to have been hurt. 4) Such hurt must be real, not merely superficial. Moses deals with these four aspects of victory in verse twenty nine. 1) "The shield of Your help." 2) "The sword of Your excellence." 3) "Your enemies will dwindle before you," and 4) "You will tread upon their heights." You will be seen to be enjoying the fruits of victory.

Moses ascended from the wilderness of Moab, the servant of G'd died there.