Archive for the ‘50. Ki Savo’ Category

Torah as Our Hearts, Eyes, and Ears

In the beginning of Devarim 29, Moshe does a wrap up of what the Jews went through on their journey through the desert:

וַיִּקְרָא מֹשֶׁה אֶל-כָּל-יִשְׂרָאֵל, וַיֹּאמֶר אֲלֵהֶם: אַתֶּם רְאִיתֶם, אֵת כָּל-אֲשֶׁר עָשָׂה יְהוָה לְעֵינֵיכֶם בְּאֶרֶץ מִצְרַיִם, לְפַרְעֹה וּלְכָל-עֲבָדָיו, וּלְכָל-אַרְצוֹ. הַמַּסּוֹת, הַגְּדֹלֹת, אֲשֶׁר רָאוּ, עֵינֶיךָ–הָאֹתֹת וְהַמֹּפְתִים הַגְּדֹלִים, הָהֵם. וְלֹא-נָתַן יְהוָה לָכֶם לֵב לָדַעַת, וְעֵינַיִם לִרְאוֹת וְאָזְנַיִם לִשְׁמֹעַ, עַד, הַיּוֹם הַזֶּה – And Moshe called all the Jews, and said to them: “You saw all that Hashem did in Egypt, with your own eyes, to Paroh, his servants, and his land. The great miracles and signs you saw. And Hashem didn’t give you a heart to understand, eyes to see, nor ears to hear, until this day. (29:1-3)

Rashi elaborates that עַד הַיּוֹם הַזֶּה has an undercurrent. In Devarim 31, Moshe writes the Torah in the form we have it, and give it to the Levi’im, who entrusted with the task of safeguarding and teaching Torah. Rashi says that עַד הַיּוֹם הַזֶּה refers to that event. What was the appraisal of their faculties, that on “this day”, Moshe praised the Jews?

Rash explains how when Moshe gave the Torah to the Levi’im, the Jews protested their being singled out for keeping it, with the worry that perhaps Levi would claim the Torah for their own, and exclude the other tribes. When Moshe saw this, he saw the the Torah was precious to them, and said עַד הַיּוֹם הַזֶּה.

R’ Leib Salomon has great difficulty with this. What was the protest going to be, exactly? It couldnt be that they were worried that perhaps the Levi’im would keep the whole Torah for themselves, how could they? Who would give ma’aser, among many other things?

R’ Matisyahu Salomon explains that the Jews were not worried about the Levi’im laying an exclusive claim to mitzvah performance, but rather, the capacity to be a Torah scholar, talmud Torah. When Moshe heard this, he understood how much the Torah meant to them.

R’ Matisyahu points out that “The great miracles and signs you saw” were not enough to persuade Moshe that they had לֵב לָדַעַת, וְעֵינַיִם לִרְאוֹת וְאָזְנַיִם לִשְׁמֹעַ – it was exclusively their desire and passion for Talmud Torah that precipitated this realisation.

Seeing miracles isn’t what makes someone a true servant of Hashem, it is the struggle, the slog, that comes with learning Torah that a Jew has his heart, eyes and ears.

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A Blessing, a Curse, and being a better person

When the Bnei Yisrael assembled on Har Grizim and Har Eival for the blessings and curses, different tribes ascended the different mountains as instructed by Moshe. The people on each peak all spoke in unison to the other peak, in a kind of very loud conversations spanning mountains.

The pasuk tells us that:

אֵלֶּה יַעַמְדוּ לְבָרֵךְ אֶת-הָעָם, עַל-הַר גְּרִזִים, בְּעָבְרְכֶם, אֶת-הַיַּרְדֵּן: שִׁמְעוֹן וְלֵוִי וִיהוּדָה, וְיִשָּׂשכָר וְיוֹסֵף וּבִנְיָמִן. וְאֵלֶּה יַעַמְדוּ עַל-הַקְּלָלָה, בְּהַר עֵיבָל: רְאוּבֵן גָּד וְאָשֵׁר, וּזְבוּלֻן דָּן וְנַפְתָּלִי – These tribes will ascend to bless the people, from Har Grizim, (…), and these are the tribes that will ascend for the curse, on Har Eival (…). (27:12-13)

From the above translation, it is evident that the construct of the commands is subtly different, wherein the people on Har Grizim were actually going to bless everyone, whereas the people on Har Eival were going to be passive, to be there “for the curse”.

Why the disparity?

The Kli Yakar explains that curses only come due to an individuals actions, that cause Hashem to distance himself from a person. The people went up the mountain weren’t going up to affirm that Hashem would curse, as an action, but rather, to affirm that without Hashem’s blessings, that is a curse. But these curses are not fixed.

In Moshe’s opening to the people at the mountains, he says:

הַיּוֹם הַזֶּה, ה אֱלֹהֶיךָ מְצַוְּךָ לַעֲשׂוֹת אֶת-הַחֻקִּים הָאֵלֶּה–וְאֶת-הַמִּשְׁפָּטִים; וְשָׁמַרְתָּ וְעָשִׂיתָ אוֹתָם, בְּכָל-לְבָבְךָ וּבְכָל-נַפְשֶׁךָ – On this day, Hashem your God has commanded you to keep these statutes and laws, and you will guard them and perform them, with all your heart and soul. (26:16)

This pasuk is monumental in its context, but equally to all of us today. Rashi points out that this is written in the present tense, that we have the same obligations every day as when we accepted the Torah and mitzvos.

In the past, we may not have been all we could have been. But we can always draw a line, and start afresh, and say הַיּוֹם הַזֶּה, today is a new day. There is always an opportunity to do become a better person and do Teshuva, most apt as we approach Rosh Hashanah.

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Creation based on Faith

In Parshas Ki Savo, the mitzvah and inyan of Bikkurim is discussed.

The first רשי in the Torah refers to this mitzva (in בראשית א:א). He explains that one of the reasons the world was created is for this particular מצוה.

The question that we have is: What is the significance of this deed/commandment that makes it worth the entire creation of the world?

The answer is: The depth of this מצוה lies in the fact that when one owns a plot of land, and begins doing all the physical labour and the phenomenal amount of work that is involved in producing fruit, one has to till the ground, sow the seeds, plough the earth, prune the weeds and give constant care. After this extraordinary amount of physical backbreaking labour the Torah commands us that one has to take the first fruit that sprouts and bring it to Jerusalem. During the procedure of presenting it to the כהן one says ‘Thank you Hashem for the land and fruit that you gave me’

These lines are a statement of intent. In essence it is a lesson in אמונה that however much a person invests in bringing home his livelihood he still has to understand and remember that nothing is entirely dependent upon him and that ultimately everything is decreed from Above.

We know that אמונה – true faith in Hashem – is the ultimate trait that one can acquire in this world. When one has reached that stage, through the humility required in bringing the first fruits to the כהן and effectively admitting the knowledge that it wasn’t merely through one’s own effort but was only possible through the help of Hashem; then this is one of the reasons to justify the entire creation of the world by Hashem.

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All about appreciation

As heard from R Yakov Minkus

5. And you shall call out and say before the Lord, your God, “An Aramean [sought to] destroy my forefather, and he went down to Egypt and sojourned there with a small number of people, and there, he became a great, mighty, and numerous nation.   ה. וְעָנִיתָ וְאָמַרְתָּ לִפְנֵי יְ־הֹוָ־ה אֱלֹהֶיךָ אֲרַמִּי אֹבֵד אָבִי וַיֵּרֶד מִצְרַיְמָה וַיָּגָר שָׁם בִּמְתֵי מְעָט וַיְהִי שָׁם לְגוֹי גָּדוֹל עָצוּם וָרָב:
6. And the Egyptians treated us cruelly and afflicted us, and they imposed hard labor upon us.   ו. וַיָּרֵעוּ אֹתָנוּ הַמִּצְרִים וַיְעַנּוּנוּ וַיִּתְּנוּ עָלֵינוּ עֲבֹדָה קָשָׁה:
7. So we cried out to the Lord, God of our fathers, and the Lord heard our voice and saw our affliction, our toil, and our oppression.   ז. וַנִּצְעַק אֶל יְ־הֹוָ־ה אֱלֹהֵי אֲבֹתֵינוּ וַיִּשְׁמַע יְ־הֹוָ־ה אֶת קֹלֵנוּ וַיַּרְא אֶת עָנְיֵנוּ וְאֶת עֲמָלֵנוּ וְאֶת לַחֲצֵנוּ:
8. And the Lord brought us out from Egypt with a strong hand and with an outstretched arm, with great awe, and with signs and wonders.   ח. וַיּוֹצִאֵנוּ יְ־הֹוָ־ה מִמִּצְרַיִם בְּיָד חֲזָקָה וּבִזְרֹעַ נְטוּיָה וּבְמֹרָא גָּדֹל וּבְאֹתוֹת וּבְמֹפְתִים:

In the Haggada on Seder night, when we say the above pesukim in the second half of maggid, we are reviewing the תורה from the point where the Jews were going out of Egypt.

The question is: Why do we not review the actual events in their place in the parshas of Shemos, Va’eira, Bo and Bshalach i.e. in chronological order? This portion over here is:
a) Out of place, as this parsha reviews the commandments to bring bikurim, and
b) Not in any way linked to the rest of the story of יציאת מצריים.
However, it is a focal point, so why is it considered more important than the story in its proper place?

The Sefer HaChinuch explains that the whole avoda of יציאת מצריים is not just telling the story of יציאת מצריים  for its own sake, but rather to tell the story with a Hakoras Hatov angle which the פרשיות of Shemos etc do not have.

The מצוה of  Bikkurim is based on a gratitude for having Eretz Yisrael, which in turn is part of the gratitude for having been taken out of Egypt. So, in reality, this particular portion about יציאת מצריים fits very well in this פרשה – it is about Hakoras Hatov! This is the answer to our two questions as to why the psukim in the Haggada are from this פרשה of  Bikkurim and the proof that Sefer HaChinuch is right.

But, now we ask, what is proper Hakoras Hatov?
There are 4 prescribed events for which we are instructed to make a point of thanks – formerly as a קרבן תודעה (literally as Thanksgiving) but today as ברכת הגומל. These 4 events are:
1. recovery from illness,
2. release from jail,
3. travelling overseas, and
4. travelling through a desert.

The ‘root mitzvah’, the קרבן תודעה, had a special particular Halacha that along with the animal offering, one had to bring 40 loaves of bread.  Because they  are included in the קרבן , these loaves are  equally subject to the laws of Noser, whereby Korbanos left overnight must be destroyed. Unlike many other קרבנות only little portions are removed for the מזבח, Kohanim etc.

How does one eat most of an animal with 40 loaves of bread and avoid Noser?! The answer is simple. One would invite many guests to join the celebration! The whole idea of being Makir Tov is to publicise it and the קרבן פסח is identical – an entire roast animal that is to be consumed after a full meal, in a tiny amount of time, before midnight. Therefore, in order to avoid noser problems you must invite many Seder guests to tell them about יציאת מצריים!

Furthermore the קרבן פסח is a National קרבן תודעה for all four reasons above!
1. We were in bondage and released (Egypt),
2. We went through the sea,
3. We went through the desert, and (as the Midrash in Parshas Yisro says)
4. When the Jews heard Hashem’s Voice, they were cured from all ailments!

In addition, the קרבן פסח is just like the קרבן תודעה, in that the matza is a part of the Korban itself – the Afikoman is intended as Matza and קרבן פסח. Meseches Bikkurim says that when someone brought a single pomegranate as Bikkurim, every street he went along had to shutdown and accompany him to the Beis Hamikdash as part of the publicity. This is just more proof that these psukim are very apt as Pesach is innately affiliated to Hakoras Hatov.

Now, after talking extensively about Hakaras Hatov, how do we go about thanking hashem?
The final pasuk in Parshas Bikkurim וְשָׂמַחְתָּ בְכָל הַטּוֹב אֲשֶׁר נָתַן לְךָ יְ־הֹוָ־ה אֱלֹהֶיךָ וּלְבֵיתֶךָ – you should rejoice in all Hashem does for you – not just one blanket ‘thank you’, but thank Him for each thing individually! We would do well to bear this in mind and itemise each thing for which we ought to thank Hashem on this Rosh Hashana
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39 vs 40

 ב. וְהָיָה אִם בִּן הַכּוֹת הָרָשָׁע וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר . 

‘and it shall be, if the guilty one has incurred [the penalty of] lashes, that the judge shall make him lean over and flog him in front of him, commensurate with his crime, in number.’

ג. אַרְבָּעִים יַכֶּנּוּ לֹא יֹסִיף פֶּן יֹסִיף לְהַכֹּתוֹ עַל אֵלֶּה מַכָּה רַבָּה וְנִקְלָה אָחִיךָ לְעֵינֶיךָ

‘He shall flog him with forty [lashes]; he shall not exceed, lest he give him a much more severe flogging than these [forty lashes], and your brother will be degraded before your eyes.’ 

This is the famous parsha of malkos (flogging or lashes).

The  Gemara in Makkos 22a asks “How many times do we flog the receiver? – Because the passuk writes, “be’mispar arboim” (in the number 40) and so we understand that  the number must be close to 40 – therefore we give him 39 strokes.  However, R’Yehuda follows the line of the pasuk and says that he receives 40 strokes for a complete flogging.
When the Chiddushei Ha’rim was young, a man asked him the following question: Is there a chance that one day a person will receive the same amount of lashes according to both R’Yehuda and the Chachomim ?

 The young bochur gave a brilliant answer: A Shliach Beis Din  (someone who works for the Beis Din and carries out the punishments)  transgressed 39 issurim in the Torah and therefore deserved 39 floggings. However, before receiving his punishments, he was still doing his job in Beis Din and was flogging someone else. He gave the person 40 strokes. Now, according to R’Yehuda, who says that a person receives 39 strokes, this Shliach Beis Din has given too many, therefore he has transgressed the issur of  “Lo Yosif Le’hakoso”(in passuk 3), and he now must receive a further set on top of the 39 he deserves already. So, altogether, he is obligated to receive 40 sets of 39 strokes.

According to the Chachomim, who says that a person receives 40 strokes, this Shliach Beis Din has not given too many, and therefore, he is obligated to receive his original 39 floggings, each consisting of 40 strokes. When calculated it works out that 39 floggings times 40 strokes = 40 floggings times 39 strokes; so according to both R’Yehuda and the Chachomim, he receives the same amount.

 Upon hearing this answer, the man was so impressed with the sheer genius of the young man that he took the Chiddushei Harim to be his son-in-law.

On that note – Good Shabbos! 

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ראש חודש ניסן

This Weeks Parsha

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