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 has mostly vanished from earth, and 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. What about it is fundamental when the laws associated with it seems so antiquated, archaic, and arguably irrelevant?

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 younger people today have little idea of what not being free means. 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 the principle that we do not take our unprecedented liberties for granted.

Yovel was dedicated to displaying our gratitude that we are always able to serve God – indicated by the shofar being blown. It becomes abundantly clear why it is classified a foundational mitzva; freedom is a wonderful thing that we are very grateful for. But moreover, perhaps it shows that even under oppression, slavery, and exile, we are nonetheless subjugated exclusively to God.

The soul always remains free.

Integrity And Social Responsibility

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The first law after Sinai addresses a Jew who steals, and cannot afford to repay the theft. Such a person is sold into temporary slavery, and the value of his labor accrues until his debt has been paid off. The laws after Sinai open with ואלה המשפטים – And these are the laws… Rashi points out how ו – “and” – continues what was previously said; in this case that these laws are a direct continuation of Sinai.

This is very perplexing. Should the first instructions on becoming fully fledged Jews not be to charge us with being good, kind and responsible for society? The subsequent laws address charity and social responsibility; why aren’t they first? Why does the first law the Jews need to know concern a cheating thief?

The Beis Halevi explains that the Torah has a prerequisite for kindness, charity, and social responsibility. The money has to be kosher, and the ingredients properly sourced.

The Jew who steals becomes a slave. He must be treated exceptionally well, and he is not the permanent property of his owner; but nor is he a fully fledged Jew for the duration of his slavery. He is devoid of responsibility to Hashem, and is responsible to his owner. He is allowed to marry a non-Jew in this state, and create a family of slaves who do belong to his owner. Consider that this is what the Torah proscribes as the solution to theft. The Torah terms renouncing Judaism, marrying a non-Jew, and having a family of slaves as being less bad than stealing!

It should be very clear why a law concerning theft comes before the laws regarding Jewish duties and obligations for bettering society and the world at large. The Torah demands high standards of its adherents – the integrity of the individual is paramount to being capable of aiding society.

All You Can Be

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Hashem’s very first communication with Avraham was the immense challenge to abandon all he had ever known:

לך לך מארצך וממולדתך ומבית אביך אל הארץ אשר אראך – “Go for yourself, from your land, your birthplace, and the home of your father, to the land which I will show you.” (12:1)

The instruction is quite odd because it doesn’t focus on where Avraham has to go, and the sequence of departure is counter-intuitive. First, you leave home, then the neighborhood, and then the country.

Why does the story emphasize leaving, and in such a strange way?

The Sfas Emes explains that the hallmark of great people is that they actively seek challenges and opportunities. Avraham was the first person to intuitively understand God’s vision for humanity of ethics and moral consciousness. But he couldn’t bring it about in the stagnant place he grew up.

You can forget your nationality quicker than the community you grew up in, and you can forget your community before you forget your family, but it is tough to forget what you learned at home. The Nesivos Shalom explains that the thrust of Hashem’s command is to discard the poor traits he might have picked up along the way.

Avraham was going somewhere new, to become something new. Old ideologies would have no place in this new vision, and they had to go.

Our environment is essential to our development as human beings. The more familiar the environment, the greater the effect it can have. The order of God’s instruction isn’t the order of how we leave home, but it’s the order of how home leaves us – מארצך וממולדתך ומבית אביך.

R’ Yitzchak Berkowitz teaches that greatness isn’t simply about going somewhere or doing something. It’s about leaving the comfortable, the familiar, and the supportive behind as well, what we’re letting go of. To get where we want to go, sometimes we need to let something go of something – לך לך.

The Mesilas Yesharim observes that the most natural default state for living things is laziness. When animals aren’t trying to eat or reproduce, they often won’t do anything at all because moving is a waste of energy. Even further, entropy is a law of physics that dictates that everything will sink to its most static state. Stagnation is natural!

It’s hard to move and think outside the comfort zone, and we develop a self-image, the story we tell ourselves of what we can and can’t do. After all, if you can’t do it, it’s not your fault, and it’s not your responsibility! We have to let go of that – לך לך.

The standard expected of all Jews is nothing less than absolute, perfect dedication, and diligent moral consciousness. Yet since that standard is a long way away from anything humans are capable of, we don’t even begin! We tell ourselves greatness is beyond us, so we don’t have to do anything.

That’s why more than God emphasizes the need to get somewhere; God emphasizes the need to get started – לך לך.

We need to get off zero and get going.

Flattering To Deceive

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Before entry into the land of Israel, the people are warned that it is not like anything they have experienced:

וְלֹא תַחֲנִיפוּ אֶת הָאָרֶץ אֲשֶׁר אַתֶּם בָּהּ כִּי הַדָּם הוּא יַחֲנִיף אֶת הָאָרֶץ וְלָאָרֶץ לֹא יְכֻפַּר לַדָּם אֲשֶׁר שֻׁפַּךְ בָּהּ כִּי אִם בְּדַם שֹׁפְכוֹ – Do not deceive the land in which you live, for the blood corrupts the land. The blood which is shed in the land cannot be atoned for – except through the blood of the one who shed it. (35:34)

The word חניפה means flattery, deception, corruption, and obfuscation. The term may seem highly odd in the context of land – these are distinctly human characteristics. But the land of Israel is no ordinary land.

R’ Moshe Feinstein draws a major distinction between contemporary international politics, and Jewish law. People concerned with saving the world will go to war, leaving incredible collateral damage and destruction in its wake. This is יַחֲנִיף אֶת הָאָרֶץ – the world has taken precedence over man. If people die are dying wantonly, the sanctity of life is being seriously underrated.

The only ideal to uphold is how precious every human life is – the prohibition of murder extends to every soul on earth, no matter what the circumstance. If a life must be taken, it must be precise. We know all to well that countries are scarred for years after being a battleground. This is not the way of the Torah.

The Torah tells us that the land is always secondary to man – the land is worthless if the people on it aren’t good people. חניפה is the disconnect between reality and an ideal – we must always know that we have to be honest with ourselves, always trying to improve. This is what the pasuk means when it says וְלֹא תַחֲנִיפוּ אֶת הָאָרֶץ אֲשֶׁר אַתֶּם בָּהּ.

We must focus attention on our own actions and behaviour.

Making Favorable Judgments

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The Torah states in numerous places that upstanding societies are predicated on justice:

בְּצֶדֶק תִּשְׁפֹּט עֲמִיתֶךָ – You shall judge your fellow with righteousness (19:15)

Rashi notes that this is not just the approach for formal legal systems and executors of justice; this is how people ought to conduct themselves on an individual level too. The Gemara in Shabbos states that הדן חבירו לכף זכות, דנין אותו לזכות – one who judges their fellow favorably is judged favorably in return.

The Ba’al Shem Tov teaches that when a person gets to Heaven, he is ushered into a courtroom, and is instructed to judge a case. The case is presented, the prosecution speaks, then the defense. The eager new-comer pounds the gavel and declares the defendant guilty. The angels pull him aside, and say, “Reb Yid, this case was actually about you. You are the defendant. Don’t you remember that time you…” He must then answer for all the times he was guilty.

R’ Yisroel Reisman points out that this is why we call this process דין וחשבן – a ruling and accounting. The ruling comes first.

R’ Reisman asks a poignant question – this mechanism will not work on people who already know this. When it is eventually and inescapably their turn to judge, will the people who know better declare everyone and everything innocent, and when informed that they are the defendants, will they feign surprise and be absolved?

The Beis HaLevi explains that the judgment in Heaven is not a new, independent decision.

The judgments we make in our lives will one day be applied to ourselves, and we will be held to the standards we expected of others. All a person truly is, is the decision they have made. Are we real? Do we match up to what we think we perceive to be in the mirror? When you judge another, you do not define them; you define yourself. If you are kind, you will be treated kindly. You project the values and beliefs you have, and one day, which will one day be shined on you.

בְּצֶדֶק תִּשְׁפֹּט עֲמִיתֶךָ is not exclusively about a court system. It is a way of life; a mentality. It is the way to create a community of fair, decent, and good people. Don’t treat people well based on their respective merit, or otherwise. Treat people well purely because you are someone who treats all people well.

As The Lord Said To Moses

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Throughout the sections detailing the construction and establishment of the Mishkan, the Torah repeatedly uses the phrase “כַּאֲשֶׁר צִוָּה ה’ אֶת מֹשֶׁה” or variants. It would seem obvious that the construction of the Mishkan would take place as instructed – it’s not as though competing architects and interior designers had to pitch different ideas and blueprints. Why emphasise that they did what they were supposed to?

There is a prevalent view that holds that the Mishkan was only required to fix the problems created at the Golden Calf. The Beis Halevi explains that what caused the sin was the people’s own ideas about how best to serve Hashem, and this led them to the conclusion that they drew about how to serve God. By accepting God’s total authority, and marginalizing their own beliefs in order to complete the Mishkan, the Torah sees fit to emphasise “כַּאֲשֶׁר צִוָּה ה’ אֶת מֹשֶׁה” – that was the actual point of getting them to build it.

The Ohr HaChayim elaborates that there were three components in forming the Golden Calf which required rectification – the idea of not believing in God or Moshe wholeheartedly; the speech to Ahron to find alternative forms of spirituality; and the donation and subsequent casting of material into the form it took. But when describing the Mishkan’s construction, the Torah merely states that they did as commanded – along with other such verbs referring to action. Where are the reparations for thought and speech reflected?

The chief architect and foreman of the Mishkan was Bezalel – to whom Chazal ascribe the ability to see the components of all things to the smallest possible detail. He truly understood the plans of the Mishkan, and they made sense to him. But he did not perform the tasks because he understood them. He did it because Hashem told Moshe. This counteracted their heretical intentions and thoughts.

The significance of Parshas Shekalim is that every individual had to make a personal contribution to the Mishkan fund. In so doing, they bought a stake in the project, undoing their donations and pressure to form the Golden Calf.

To initiate the actual construction, Moshe was not simply told to have the Mishkan built:

וַיְדַבֵּר ה’ אֶל מֹשֶׁה לֵּאמֹר. בְּיוֹם הַחֹדֶשׁ הָרִאשׁוֹן בְּאֶחָד לַחֹדֶשׁ תָּקִים אֶת מִשְׁכַּן אֹהֶל מוֹעֵד – Hashem said to Moshe, to say: “On the day of the first month, on the first of the month, you shall set up the Mishkan of the Tent of Meeting…” (40:1-2)

Moshe had to explicitly say to them to to build it. They had to be told precisely what to do! This counteracted their clamouring for alternative forms of spirituality.

Mechanics Of A Nation

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After the Golden Calf, Moshe gathers the people for a discourse:

וַיַּקְהֵל מֹשֶׁה אֶת כָּל עֲדַת בְּנֵי יִשְׂרָאֵל וַיֹּאמֶר אֲלֵהֶם אֵלֶּה הַדְּבָרִים אֲשֶׁר צִוָּה ה’ לַעֲשֹׂת אֹתָם’ – Moses gathered the whole community of Israel to assemble, and he said to them: “These are the things that the Lord commanded to do” (35:1)

He tells them certain laws of Shabbos, and collection for and initiation of construction of the Mishkan.

This occurred the morning after the Yom Kippur Moshe returned with the second Luchos. It seems likely that his first public appearance upon his return would include a notable message regarding their conduct. Yet he gathered them together to discuss Shabbos and the Mishkan. The Nesivos Shalom notes out how usually, an act, speech or instruction initiate an episode; this is the sole instance where וַיַּקְהֵל , getting people together, starts a story.

The Noam Elimelech explains that mitzvos were given to the nation, not individuals. This means that when a person sins, it is an act of rebellion, splintering from the nation, albeit momentarily. Redemption and forgiveness is attained by blending back into the nation. In the same way a harmony is a beautiful sound where no single voice is discernible, a tzibbur, the collective, is safe because an individual does not stand out.

Moshe defended the Jews to God, and argued that the Golden Calf was the act of rogue individuals, not the nation. Sin is an individual act – how could the nation be held accountable, regardless of how many had indeed sinned?

On his return, he saw to it that what he said was indeed true. The nation was whole and not fractured – he united them – וַיַּקְהֵל. This makes וַיַּקְהֵל unique as an opening.

The Nesivos Shalom proves this from what Moshe told them. He said of the laws that לַעֲשֹׂת אֹתָם – but the instructions for Shabbos that he mentions are to not light fire, and to not work. How is not doing something called לַעֲשֹׂת – to do?

Perhaps the instruction wasn’t discussing Shabbos at all; having conceded to Moshe’s argument, he received the instruction לַעֲשֹׂת אֹתָם – to make them, the Jews, into a united nation once again – וַיַּקְהֵל. Moshe was told to back up his claim!

This concept recurs over and over. When the spies were sent, the nation could not be absolved. They were sent in the capacity of the people’s representatives, and the generation died out. The Purim rescue occurred once the divided nation fought stood as one לְהִקָּהֵל וְלַעֲמֹד עַל-נַפְשָׁם. Korach’s error was not believing that the nation was more potent than the individual, claiming כולם קדושים.

Not to say that the laws Moshe spoke about were incidental to the purpose of gathering them. Far from it. They were chosen as both are incumbent on the nation, serving the same function, in contrast to more personal mitzvos,

The Midrash says that Hashem said to Shabbos that כנסת ישראל is its pre-ordained. כנסת ישראל is the Jewish national identity and consciousness, the supersoul of the nation. Shabbos observance is not down to the individual alone – it requires everyone’s input. Shabbos intrinsically unites Jews.

The Mishkan was selected for the discourse for the same reason. Everyone was required to make donation, buying a small stake in it. Covering the project costs with a few individual sponsors would not have served it’s purpose.

Both demonstrate the potency of a group over an individual. The parts in a machine are unremarkable – but together they achieve complex and sophisticated goals. Note how many mitzvos require groups to be adequately performed. The Nesivos Shalom says that we refer to Hashem as אבינו – our father – conceptually, obviously. If we identify with the nation, we can say אבינו.

We say in the Amida every day: ברכנו אבינו כולנו כאחד באור פניך – when everyone gets along, we can proudly say אבינו.

Elevation Of The Nation

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Moshe’s name does not appear as part of the narrative of the Kehuna – Parshas Tetzaveh – when he probably ought to have been; what with his overseeing the entire construction and dedication of the Mishkan. Why does his name not appear?

On seeing the fallout from the Golden Calf and the ensuing plague, Moshe pleaded for mercy for the dying nation:

וְעַתָּה אִם תִּשָּׂא חַטָּאתָם וְאִם אַיִן מְחֵנִי נָא מִסִּפְרְךָ אֲשֶׁר כָּתָבְתָּ – … forgive their sin; otherwise, erase me from Your book! (32:32).

The Ba’al HaTurim explains that although this succeeded in ending the plague, a righteous man’s word is always fulfilled.

But of all the sections in the Torah, why is this specific section the one his name is redacted from?

Tetzaveh largely deals with the Kehuna, which was given to Ahron and his descendants. R’ Yakov Minkus explains Moshe and Ahron had very different personalities. Moshe brought the Torah down from Heaven, to mankind’s level. Ahron embodied humanity attaining greater status through their own cultivation, as the ultimate “people’s person”. He was a lover and pursuer of peace. This is what the entire Kehuna was given for – bridging relationships; between people, and between people and God – elevating them.

Similarly, the Gemara in Sanhedrin concludes that there are two equally valid ways to settle litigation; judgement, or compromise. The fact that each are valid settlements shows that both are independently potent at achieving their goal. Moshe represented strict justice, and issued rulings for disputes, whereas Ahron represented compromise.

The role of the kohen is to play the arbiter, the middle man and mediator. As a man of the people, he is meant to feel their emotions, guide them through the services in the Beis HaMikdash.

If the two ways are equally valid, it is fair to say that they should not impinge each other, and when introducing the validity and importance of Ahron’s method, the inclusion of Moshe and his methods would actually devalue it somewhat.

Various times where Ahron and Moshe are involved, the Torah alternates who is mentioned first – illustrating their equality. Granted that Moshe was the greatest man to walk this earth – but their approaches in resolving problems people had with each other and with God was equally important.

Good Lighting

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There were four utensils that were kept inside the Mishkan – the Shulchan, the Aron, the Mizbeach, and the Menora – the Table, the Ark, the Altar, and the Menora.

Regarding the Aron:

וְצִפִּיתָ אֹתוֹ זָהָב טָהוֹר מִבַּיִת וּמִחוּץ תְּצַפֶּנּוּ וְעָשִׂיתָ עָלָיו זֵר זָהָב סָבִיב – And you shall overlay it with pure gold; from inside and from outside you shall overlay it, and you shall make upon it a golden crown all around. (25:11)

Regarding the Shulchan:

וְצִפִּיתָ אֹתוֹ זָהָב טָהוֹר וְעָשִׂיתָ לּוֹ זֵר זָהָב סָבִיב – And you shall overlay it with pure gold, and you shall make for it a golden crown all around. (25:24)

Regarding the Mizbeach:

וְצִפִּיתָ אֹתוֹ זָהָב טָהוֹר אֶת גַּגּוֹ וְאֶת קִירֹתָיו סָבִיב וְאֶת קַרְנֹתָיו וְעָשִׂיתָ לּוֹ זֵר זָהָב סָבִיב – You shall overlay it with pure gold, its top, its walls all around, and its horns; and you shall make for it a golden crown all around. (30:3)

The Aron, Shulchan, and Mizbeach all had “crowns”, a gold design that bordered their edges, whereas the Menora is the odd one out, it had no crown. What is the cause of this discrepancy?

The Mishna in Avos 4:17 says רבי שמעון אומר, שלושה כתרים הן–כתר תורה, וכתר כהונה, וכתר מלכות; וכתר שם טוב, עולה על גביהן – R’ Shimon said, “There are three crowns – the crown of Torah, the crown of Kehuna (priesthood), and the crown of royalty – but the crown of a good name is better than all.”

The Aron represents the crown of Torah, as that was where the actual physical Torah was kept. The Mizbeach represents the crown of Kehuna, as the Avoda was the Kohanim’s job. The Shulchan represents the crown of royalty, as a table represents prestige and prosperity. But what is the crown of a good name, the כתר שם טוב, and why is it better than the other three?

And if it were an actual crown (to the degree the others are), why didn’t R’ Shimon say “There are four crowns” instead of three?

Koheles 7:1 teaches that טוֹב שֵׁם, מִשֶּׁמֶן טוֹב – A good name is more precious than good oil. The Shem Mi’Shmuel notes that the comparison indicates their similar operations; the nature of oil is to diffuse and spread out, which is exactly what a good name does.

The Menora’s function was lights fuelled by oil – by it’s very nature it must diffuse. The Menora could not have a crown, as a crown’s power and sphere of influence are confined to within the crown’s empire, and if it were to have a crown, it would limit the function the Menora served – to show the “light” of Torah and Judaism.

This is what R’ Shimon actually said too – the כתר שם טוב is not an actual crown – it diffuses, and spreads further than the three crowns. Like the Menora, a crown would inhibit it.

This Too Is For The Best

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Adapted from a shiur by R’ Shlomo Farhi

The Gemara relates a story about a gentleman called Nachum. He was a man who had a a difficult life, but whenever something bad happened, he would say “Gam Zu L’Tovah – this also is for the good”, and this is what he later became known as – Nachum Ish Gam Zu. But why does the Gemara call him Nachum Ish Gam Zu, literally, “Nachum Also”? He was famous for saying “Gam Zu L’Tovah” yet he is not called “Nachum Ish Gam Zu L’Tovah”! One would think that “L’Tovah” would be the key part of what he is remembered as, as opposed to the seemingly extraneous ‘also’.

To understand the answer, we must be aware that there is a fundamental misunderstanding with regard to what he did, and consequently what he is remembered for until today. He wouldn’t pass a car crash and point and say it was “l’Tova” – one cannot label an inherently bad thing as “good”. “Good” is clearly not an applicable adjective. The depth behind his words is as follows: What he did was recognise the masterplan of Hashem, and the web in which events in our lives unfold. He attempted to see the bigger picture, the greater good which is hidden from our direct sight. That web, that bigger picture, is l’tova. Parts of it may not be, or may not obviously be but in recognising that bad events are part of a good web, we should be able to say  “Gam Zu L’Tovah!” So in fact ‘Gam Zu’ – his ability to see that this is “also (one more event)” is the key part of what Nachum said – it is the mechanism by which he could label bad as “also” being good. Not just “L’Tovah”.

It take a great inner strength to truly be able to say, in the face of a bad event ‘this too shall pass’ and to really believe in the bigger picture and the greater good. But by working on that strength, we will be able to get to the stage where we can say, as Nachum did, Gam Zu L’Tovah – This too is for the good. The word ‘also’ is the very mechanism that allowed him (and resultantly us) to state something was ‘L’Tovah’.