Preserving Freedom

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The Ramban says that Shmita and the Yovel cycle are fundamental mitzvos.

Something is lost on us today – slavery and a global agricultural society have mostly vanished from Earth with the advent of industry; Shmita and Yovel have long been missing large chunks of their key halachos, for thousands of years.

Consider the fact that when the Ramban classified it as fundamental, Yovel hadn’t been properly marked for centuries. When the laws associated with it seems so antiquated, archaic, and arguably irrelevant, what about it is fundamental?

The Pnei Yehoshua explains that Yovel is not just a time when slaves go free – it is a Yom Tov that celebrates freedom and liberty. The Sfas Emes notes that the nation was born by being liberated from the crucible of Egypt.

After millennia of exiles, restrictions on movement, bans, pogroms, genocide, and general oppression, society has developed to give all people human and civil rights; Jews can now practice Judaism relatively freely, to the extent that young people today have little to no idea of what it means to not be free. While progress is undoubtedly a good thing, we must be vigilant not to take our rights for granted.

One of the brachos said daily is שלא עשני עבד – perhaps this alludes to the principle that we do not take our unprecedented liberties for granted. But our ancestors said it even whilst it wasn’t strictly true – when they were harried and enslaved! So perhaps it doesn’t refer exclusively to our bodies.

The Sfas Emes explains that the body is a vessel for the soul. With discipline, the body can simply be an appendage of the soul; physicality can be transformed into spirituality. To do so, the soul must lead the way, so that the body is almost passive in decisions. The Mishna in Avos says לא מצאתי לגוף טוב אלא שתיקה – I found nothing better for the body than silence. The Sfas Emes notes that the emphasis is on silence for the body specifically. When the body is silenced with deference to the soul, it is elevated.

This is precisely mirrored in Yovel. The land is dormant and fallow for a year, and man internalises that God is the true provider of sustenance and nourishment. Matter is led by the soul. A microcosm of this is reflected in the fact that humans are the only creatures that are made to stand upright. We strive to reach upwards, and animals cannot.

Yovel was dedicated to displaying our gratitude that we are always able to serve God – indicated by the shofar being blown. A slave, whose entire existence is subjugated to his owner, goes free on Yovel. It becomes abundantly clear why it is classified a foundational mitzva; freedom is a wonderfully thing that we are very grateful for. But perhaps it also shows that even under oppression, slavery, and exile, we are nonetheless subjugated exclusively to God. The Zohar says that on Yovel, everything returns to its source.

The soul always remains free.

Boldly going where no man has gone

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On specials occasions, a blessing called שהחיינו is made, that thanks Hashem for the opportunity of living to see a momentous event. The completion of the Torah cycle on Simchas Torah seems to fit the criteria needed to say the blessing, so why don’t we say it?

It isn’t said on Shavuos, commemorating the Torah being received, because it marks the beginning, and the blessing of שהחיינו is only said at conclusions – otherwise nothing has happened yet!

R Shlomo Farhi points out that the first word in the Torah is בראשית, and the last, ישראל. The first and last letters in the Torah spell out the anagram לב – heart. What Hashem wants from us is an emotional commitment.

But in the correct order, it also spells out בל, as in בלבל or מבלבל, meaning “confusion” or “mixed up”. When we look at the ocean of Torah looking forwards, it is בלבל, uncharted and unknown territory. But looking back, it is לב. A cycle is never isolated – every new cycle lends further light on previous cycles, and new insights always discovered.

Truly, this lends light on the adage that the Torah never finishes, and we immediately start again from the beginning. There is truly no end, only a constant battle against בלבל by way of לב, finishing again. And again. And again.

The job is never done, never finished, and as such, no שהחיינו is made – or in other words, there’s no והגיענו!

How to change the world

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The parsha opens with אִם בְּחֻקֹּתַי תֵּלֵכוּ וְאֶת מִצְוֹתַי תִּשְׁמְרוּ וַעֲשִׂיתֶם אֹתָם – If you follow My statutes and observe My commandments and perform them (26:3)

Rav Shach quotes a pasuk from Neviim, Chabakuk 3:6 that הליכות עולם לו – that the ways of the world are Hashems. We say this when we say korbanos at the end of davening, and we quote the ma’amar Chazal that expounds אל תקרי הליכות אלא הלכות – Read it not as ways, but as laws. The הלכות, the Torah, that we bring in to the world, dictates the הליכות, the ways, of Hashem’s world.

Our performance of mitzvos has a very real effect on the world – the mitzvos dictate Read Full Dvar Torah →

Women in Judaism, mitzvos, and counting Sefira

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Tosfos explain that Sefiras Ha’Omer is a rabbinical law, in memory of the destruction of the Beis HaMikdash. The reason this is so is that the pasuk says:

וּסְפַרְתֶּם לָכֶם מִמָּחֳרַת הַשַּׁבָּת מִיּוֹם הֲבִיאֲכֶם אֶת עֹמֶר הַתְּנוּפָה שֶׁבַע שַׁבָּתוֹת תְּמִימֹת תִּהְיֶינָה – And you shall count for yourselves, from the morrow of the rest day, from the day you bring the omer as a wave offering seven weeks; they shall be complete. (23:15)

The Rambam disagrees, and says it is a commandment directly from the Torah to count today. Looking at the above pasuk, it seems difficult to suggest this, as we don’t bring a Korban Omer – so how can we say there is a mitzva today to count the Sefira?

R’ Yaakov Minkus explains that there are two reasons for counting Sefira.

Tosfos say that the Sefira marks the beginning of the harvest cycle. Pesach marks the beginning, and is called ראש הקציר – the initiation of the harvest. It was marked through the Korban Omer, and allowed the consumption of new grain within the Beis HaMikdash. Shavuos marks the end, and is called חג הקציר – the celebration of the harvest. It was marked through the Shtei HaLechem, which allowed the consumption of new produce, outside the Beis HaMikdash, and everywhere.

The Sefira is the process of enabling produce. We return the first of the harvest, the beginning, to Hashem. The Korban Omer exists to show our fealty and identity with Hashem. The Sefira results from this.

The Rambam explains that the pasuk’s instruction is to count מִיּוֹם הֲבִיאֲכֶם אֶת עֹמֶר – from the day, that is to say, not from the Korban itself. So what is it we are counting from today then?

The Sefer HaChinuch teaches that counting Sefira takes us to Har Sinai. It is easy to think of Pesach as a standalone day where we celebrate our liberation – it is not so. Pesach was the sole means by which we could transition from slavery to Shavuos and receiving the Torah.

Shavuos is an annual occurrences. It occurs without the Korban Omer – this is how it can still be a mitzva to count Sefira. We count מִמָּחֳרַת הַשַּׁבָּת – from after Pesach, not the Korban itself.

When a person makes a bracha, they say אשר קדשנו במצותיו, וצונו. Women have the first part, the אשר קדשנו במצותיו, but not the second, וצונו. Har Sinai gave us the Torah and it’s 613 commandments in a general sense. The women accepted the Torah in a general sense too. Although women are exempt from many mitzvos, which is to say they don’t have to, it does not mean they cannot grow from their performance – this is קדשנו. A non-Jew who performs a mitzva does not have either part of the bracha, and cannot grow from the performance of a mitzva.

This is the difference between Pesach and Shavuos. Pesach is full of mitzvos; the Korban Pesach, circumcision, the Seder. In performing Hashem’s instructions, we became His people, subjugated to Him. This is all וצונו. However, Sinai is Torah. This gave mitzvos a קדשנו – which women are also subject to. Sefira connects the אשר קדשנו במצותיו to the וצונו.

But the Sefira is not “just” to connect Pesach to Shavuos, the mitzvos to the Torah; but also, the other way around, Shavuos to Pesach. The first of the Ten Commandments is אָנֹכִי ה’ אֱלֹהֶיךָ אֲשֶׁר הוֹצֵאתִיךָ מֵאֶרֶץ מִצְרַיִם מִבֵּית עֲבָדִים – (to know that) “I am the Lord, your God, Who took you out of the land of Egypt, out of the house of bondage”. How can the first (or any) commandment be faith?

The first command specifies that Hashem took us out of Egypt. Egpyt and faith are inextricably linked. We were not liberated from Egypt at all – we were transferred. In the same way we recognised that Hashem had taken us out of Egypt, that same Hashem was giving us the Torah, based on a belief in Him. Sinai’s eternity is based on having been taken out of Egypt, and in this way Sefira links Shavuos and Pesach, both backwards and forwards.

Judgement, Faith and Reward

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א: וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם

1. And these are the ordinances that you shall set before them (21:1)

The Yalkut Shemoni in the beginning of this week’s Parsha quotes Rav Alechsandri who gives a parable for this week’s Parsha. Two men, who hate each other, are leading their donkeys who are carrying large loads, along the way. One donkey stops walking, and crouches down, (for its load was too heavy) while the other (man and donkey) passes him by. The one who passes says, ”It’s written in the Torah (23:5), ‘Perhaps you will see the donkey of someone you hate lying under its burden, will you refrain from helping him?’ Immediately, the man returns and helps his brother unload his donkey. The man who is being helped thinks to himself how a moment ago they hated each other and now he is helping him! It must be that they aren’t really enemies at all! They then make peace with each other and all hatred is lost.

This is the meaning to ‘And these are the judgments’. Hashem knows what is moral and ethical, and what it takes to make this world a better place. We just have to do and learn His mitzvos and the rest will fall into place on its own.

There are a lot of different mitzvos in this week’s Parsha, so choosing one was very difficult, but here goes.

‘When you will lend money to my people, to the poor person who is with you, do not act towards him as a creditor; do not place interest upon him. If you will take your fellow’s garment as security, until the sun sets you shall have returned it to him. For it alone is his covering, it is his garment for his skin; in what will he lie down? So it will be that if he cries out to me, I shall listen, for I am compassionate’. (22:24-26)

Here the Torah teaches us three mitzvos. To lend money to poor people, not to act as a creditor when you know he has nothing to pay you with, and not to lend money with interest. The Kli Yakar points out that we refer to this pauper with three different names. In the beginning we call him in the name of ‘my people’, then we call him ‘the poor person who is with you’, then lastly we say ‘your fellow’s garment’. Why do we change his name and not just refer his to the poor person the entire time? Answers the Kli Yakar that the Torah was telling us three reasons why we are required to lend money to a poor person.

1.  Since he is part of ‘my people’, that is Hashem’s people. Hashem is the King and whoever gives money and food to the King’s men has a guarantee that the King will pay him back. Thus the Pasuk, ‘Malveh Hashem Chonain Dal’, that he who gives to poor people is considered as if he lent to Hashem.

2. The Gemara relates how Turnus Rufus asked R’ Akiva that if Hashem loves us so much why does our nation have poor people? R’ Akiva answered that it’s so that we can give Tzedakah which will save us from the Din of Gehinnom (hell) (See Gemara Bava Basra 10a for the rest of the discussion). If Tzedakah is so powerful that it could even save a person from the Din of Gehinnom then we see that the poor person does a lot more than the giver. The giver gives money (i.e. Olam Hazeh – this world) for only a small part of this poor person’s life, whereas the poor person gives this giver Olam Haba – the world to come – which is an immeasurable reward. Therefore the Torah’s second lashon of this pauper was, ‘to the poor person with you’. Why was this person poor? So that you could give Tzedakah and go to Olam Haba. Thus he is ‘with you’, meaning this poor person is here for your merit.

The Kli Yakar says that with these two reasons, we can now understand the next two mitzvos in the Torah.

Why should one not act like a creditor towards the pauper? We use reason number one, that since a person should be secure that Hashem is going to pay him back for that which he lent, he must then not act like a creditor thus proving he doesn’t believe Hashem is going to end up paying him back.

Why can a person not take interest for his loans? We use reason number two, that the poor person already gave him a pass through the Din of Gehinnom and now this person wants to make even more money from his loan? He is poor to help you become righteous, and you want to take advantage of him by making more money?

3. If we are dealing with a person who lacks faith that Hashem will pay him back and will therefore ask for a collateral, the end result that he will be will be borrowing his ‘fellow’s garment’. Meaning that he will be this poor man’s ‘friend’ in poverty. So what does Hashem say to this person? ‘If you stray off the straight path you can always come back.’ Give the man back his cloak before ‘the sun sets’.

Antagonists

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Avraham is blessed by Hashem after the Akeida:

כִּי בָרֵךְ אֲבָרֶכְךָ וְהַרְבָּה אַרְבֶּה אֶת זַרְעֲךָ כְּכוֹכְבֵי הַשָּׁמַיִם וְכַחוֹל אֲשֶׁר עַל שְׂפַת הַיָּם וְיִרַשׁ זַרְעֲךָ אֵת שַׁעַר אֹיְבָיו – I will bless you, and I will greatly multiply your descendants, like the stars of the heavens, and like the sand on the seashore; and your descendants will inherit the cities of their enemies. (22:17)

Years later, Lavan blesses Rivka as she leaves to marry Yitzchak:

וַיְבָרֲכוּ אֶת רִבְקָה וַיֹּאמְרוּ לָהּ אֲחֹתֵנוּ אַתְּ הֲיִי לְאַלְפֵי רְבָבָה וְיִירַשׁ זַרְעֵךְ אֵת שַׁעַר שֹׂנְאָיו – And they blessed Rebecca and said to her, “Our sister, may you become thousands of myriads, and may your seed inherit the cities of those who hate you.” (24:60)

Rashi notes that Lavan is quoting the blessing received by Avraham, that she’d “inherit the cities” of her antagonists. But the quote is not identical.

What is the difference between אֹיְבָיו – enemies and שֹׂנְאָיו – those who hate you?

R’ Yehoshua Hartman points to where the two are used in conjunction to note the difference.

וַיְהִי בִּנְסֹעַ הָאָרֹן וַיֹּאמֶר מֹשֶׁה קוּמָה ה’ וְיָפֻצוּ אֹיְבֶיךָ וְיָנֻסוּ מְשַׂנְאֶיךָ מִפָּנֶיךָ – So it was, whenever the Ark set out, Moses would say, “Arise, Lord, may Your enemies be scattered and may those who hate You flee from You.”

Rashi says that אויביך is enemies who are assembled for battle, and that וינסו משנאיך are pursuers. There is a distinction between an enemy and a pursuer. The word אויב is is similar in root to the word אוהב – to love. Both verbs are a result of closeness. A שונא however, is someone whose hatred transcends proximity, and will pursue. Eisav is referred to as שונא ישאל, and Yishmael is referred to as אויב ישראל, and circumstances on the ground reflect this – if a Jewish State had been set up in Uganda, there would be no problems with the Palestinians and neighbours, inheritors of the mantle of Yishmael – the situation is a result of being together.

Conversely, the Nazis had little to do with Jews worldwide, and yet their extermination campaign spanned the globe; truly the definition of רודף. But how does this insight correlate to the different terminology Rivka and Avraham were blessed with? R’ Hartman explains that at Mt. Moriah, the blessing was to Avraham, for Yitzchak, regarding his Yishmael – the אויב, therefore the pasuk says שַׁעַר אֹיְבָיו. In contrast, Rivka received a bracha that was for Yakov, regarding Esav, and Esav is a שונא, and therefore the pasuk says שַׁעַר שֹׂנְאָיו.

Food for Peace

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Bechukosai contains God’s assurance of blessing for observing the Torah, and the inverse.

וְהִשִּׂיג לָכֶם דַּיִשׁ אֶת בָּצִיר וּבָצִיר יַשִּׂיג אֶת זָרַע וַאֲכַלְתֶּם לַחְמְכֶם לָשֹׂבַע וִישַׁבְתֶּם לָבֶטַח בְּאַרְצְכֶם. וְנָתַתִּי שָׁלוֹם בָּאָרֶץ וּשְׁכַבְתֶּם וְאֵין מַחֲרִיד וְהִשְׁבַּתִּי חַיָּה רָעָה מִן הָאָרֶץ וְחֶרֶב לֹא תַעֲבֹר בְּאַרְצְכֶם – Your threshing will last until the vintage, and the vintage will last until the sowing; you will eat your food to satisfaction, and you will live in security in your land. I will grant peace in the Land, and you will lie down with no one to frighten you; I will remove wild beasts from the Land, and no army will pass through your land. (26:5-6)

Rashi explains that a little bit of food will provide as much nourishment and satisfaction as a far larger around. Also, that since some might remark that quality consumption without peace is worthless, the bracha assures peace too.

This is hard to understand – why is the peace aspect consequential of the consumption aspect? Does it not seem more likely that they are each independently written in reference to the condition of אִם בְּחֻקֹּתַי תֵּלֵכוּ – “If you will go in my statutes…”? What is indicated by the blessing of peace being associated with the blessings of good consumption?

The Panim Yafos explains the difficulty. The Gemara in Brachos tells that the angels queried Hashem regarding a contradiction in the Torah:

אֲשֶׁר לֹא-יִשָּׂא פָנִים, וְלֹא יִקַּח שֹׁחַד – God… does not show favour and does not accept bribes. (Devarim 10:17)

Whereas it also says: יִשָּׂא ה פָּנָיו אֵלֶיךָ, וְיָשֵׂם לְךָ שָׁלוֹם – God will show you favour and grant you peace. (Bamidbor 6:26)

Hashem answered that He must show favour to the Jews, because He only commanded ואכלת, ושבעת, וברכת – “You should eat and be satisfied and bless…” (Devarim 8:10); but Jews are careful to say Birchas HaMazon after any significant quantity.

The Panim Yafos explains that this means is that by the letter of the law, we are obligated to bless only once satisfied, but by going beyond the call of duty, we earn a blessing of favour and peace that by law itself is not required or due. If the blessing of וַאֲכַלְתֶּם לַחְמְכֶם לָשֹׂבַע – “You shall eat your bread to satiety” means that a person would eat only a little, and it would still fill his stomach; they would now be obligated by law to say Birchas Hamazon, and wouldn’t haven’t done anything extra to earn the blessing of יִשָּׂא ה פָּנָיו אֵלֶיךָ, וְיָשֵׂם לְךָ שָׁלוֹם – that God will show favour and grant peace.

Therefore, the blessing of eating food to satiety obstructs the blessing of peace, therefore the Torah reassures that nevertheless we receive the blessing of peace; and it is in fact consequential, and not independent.

Man: pinnacle of Creation or anticlimax?

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The Parsha begins with elaborations on laws pertaining to human purity:

דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל לֵאמֹר אִשָּׁה כִּי תַזְרִיעַ - Speak to the children of Israel, saying: If a woman conceives…. (12:2)

Rashi comments:

אשה כי תזריע : אמר ר’ שמלאי כשם שיצירתו של אדם אחר כל בהמה חיה ועוף במעשה בראשית, כך תורתו נתפרשה אחר תורת בהמה חיה ועוף – If a woman conceives: Rabbi Simlai said: “Just as in the Creation, man was created after all domestic animals, wild beasts, and birds, so too, the law [concerning the cleanness] of man is stated after the law [concerning the cleanness] of domestic animals, wild beasts, and birds.”- [Vayikra Rabbah 14:1]

The Gemara (Sanhedrin 38a) explores why the creation of man followed the creation of birds and beasts. It concludes that “אחור קודם צרתני – you were formed first and last” (Tehillim 139:5). What does this mean? If a man is worthy, we say he preceded Creation, but if he is a sinner, we say that even a mosquito was created before him, so he has nothing to be arrogant about, given that even minuscule entities such as the mosquito were created before him.

However, this is difficult to comprehend – “If a man is worthy, we say he preceded Creation” – if we examine the reality, man was created last, on the 6th day of Creation, so how are we to understand the Gemara?
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Yesimcha Elokim k’Efraim v’chMenashe

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Why do we bless our children  that they should become like Efraim and Menashe instead of any other of the myriad blessings available?  How is it that they were able to inherit from Yakov a portion equivalent to that of the previous generation, their uncles?

My Zaide explained that Menashe and Efraim were worthy of being considered Yakov’s own children and two of the 12 Tribes because they were born and raised in Egypt. The Uncles (Reuven, Shimon etc,) were raised in Yakov’s house; It’s not so big a blessing to say that to continue tread the path you’re already on. But the fact that 2 boys, born in Egypt, to a father who was the viceroy of Egypt who had left his heritage at 17 (and we could understand if he’d sought to cut off ties with his past, the past that he’d been exiled from by his brothers), that is a massive chiddush, that people can rise from the 49th level of tuma and become one of the Shivtei Ka. This is truly inspirational and affirms that each of us has unlimited potential. This is the blessing we give our children, that they should transcend all obstacles, just like Efraim and Menashe.

Another explanation given by D, is that neither son objected when Yaakov switched hands to bless them, and said that the younger son would become greater. There was no hint of jealousy or animosity from one to the other, they were content with their lot. Menashe was happy for Ephraim to be first and Ephraim merely accepted the reponsibility of his portion without gloating. D explains that the blessing we give to our children is that they should have this relationship with each other (which perhaps leads on to what my Zaide says?).

Handy Tips from Yaakov

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When Yosef brings his two sons, Ephraim and Menashe, to his father Yaakov, to bless them, we find Yaakov does something quite curious:

שכל את ידיו – he maneuvered his hands… (48:14)

He switched around his right hand with his left, so that Ephraim, the younger son, was under his right hand. But why did he not just tell Menashe and Ephraim to switch places?

R’ Chaim Volozhin explains that the nature of the average person is to talk down the positive attributes of his fellow, but when it comes to the negative side, he is ready to speak up and even exaggerate the other’s bad traits. In this way, he will look good compared with his friend.

Indeed, when one stands opposite his fellow, one’s left is the other’s right and vice-versa. This hints to the fact that his friend’s right, or stature, stands opposite his left, generally the one seen as weaker, i.e. weakening his friend’s strengths, whereas his friend’s left, i.e. weaker side, is opposite his right, i.e. contrasting his own strengths with his friends weaknesses.

Yaakov was the ultimate man of truth, not wishing to detract or embellish any characteristic. He only crosses his hands – the result being that his right hand corresponds with the boys’ right and his left with theirs!

It teaches us a really important, says R’ Moshe Shternbuch – how careful we must be when relating to the strengths and weaknesses of our friends (and others!), placing our right opposite their right…

He cites the Rambam for further proof – ”it’s a mitzva upon every person to to love his fellow Jew as himself as it says ואהבת לרעך כמוך. Therefore, he must tell of his praiseworthy points…as himself…”.

As an addendum, Gav C pointed out that the Ohr Hachaim says a beautiful idea associated with the above: it says שכל את ידיו כי מנשה הבכור – he maneuvered his hands because Menashe was the firstborn – surely Menashe being the firstborn would be reason to not cross hands!?
So he answers that just before, we were told that ”Yisrael’s eyes were heavy from old age and he could not see”. This indicates that he couldn’t see who was Menashe – the firstborn – and who was Ephraim. So when it came to blessing them, he knew who he wanted under his right hand. He worked out in his mind that Yosef would have placed Menashe on his right – therefore he crossed his hands because he knew where the firstborn was, and because Menashe was the בכור!

לך לך and the sensitivity of syntax

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At the beginning of this week’s Parsha, Hashem tells Avram, as he is called at this point, that ואברכה מברכיך ומקללך אאור – I will bless those who bless you and those who curse you, I will curse.

Why does Hashem change around the order of the verbs – following ואברכה מברכיך, it should say ואאור מקללך, thereby keeping the syntax the same?

Firstly, the Vilna Gaon explains that a bracha given by an עשיר is going to be more generous than that of an עני, as he has the experience and comfort with which to issue such a ברכה. Conversely, an עני, who generally is perceived to suffer more, will likely give heavier curses than a wealthy man. Therefore, Hashem says ואברכה first with regards to ”מברכיך”, so that anyone who is blessing you should already be an עשיר at the point in time that he blesses you, so that the ברכה is maximised. However, when it comes to ”מקללך”, it only says that Hashem will curse him afterwards, so that at the time he curses Avram, he will still be an עשיר and the curse will be minimal!

Secondly,mine Kli Yakar explains that there is a concept of מחשבה כמעשה – that Hashem treats our thoughts as if they were acted upon. However, חז”ל point out that this is only with regards to our intended מצוות. With regards to our עבירות, Hashem doesn’t treat our negative thoughts as having been acted upon.
Therefore, ואברכה - ‘I will bless’, occurs even before a man is an actual מברך, even at the point that he thinks it. מה שאין כן with regard to the מקלל who will only receive the reciprocal curse from Hashem if he vocalises it. Therefore, אאור only comes after he is established as such!