BEHAR_ LEVITICUS XXV – XXVI,2 and BECHUKOTAI -LEVITICUS XXVI, 3 – XX VII

The title of our chapter refers to Mount Sinai where Moshe received specific instructions about the law of Shemitah, the obligatory rest of the land every seven years. The Chachamim raise the question: why was this law selected, in particular, so that it deserved to be commented on in Sinai itself? The answer is that, in reality, all laws were analyzed in their different details at that historical time and the Law of Shemitah , therefore, is used, only as an example.

It is clear that there are numerousadditional Mitsvot that were not stated in Sinai. We have a huge number of Mitsvot deRabanan, laws that were promulgated by our sages in later times which were obviously absent in Sinai. The Chachamim were also obligated, according to the circumstances of the time, to refine and moderate the instructions of the Torah in order to remain faithful to what they considered to be the spirit of the Law. For example, the Torah prohibits the collection and payment of interest. In an agricultural society, the fulfillment of this ordinance is very feasible. 

However, in a commercial society, and even more so in our industrial, or post-industrial society, money becomes a commodity, an element that has its own value. Today, for example, we talk about the cost of money. Those who suffer are the least fortunate, because loans are denied to them. Therefore, the Chachamim instituted the Héter Iska, a legal document that makes the lender a kind of investor. Thus, the collection of interest becomes dividends of an investment. For some, it is only an artifice that avoids the sanction of the Law. 

For others, it is the result of the ingenuity of the scholars, which on the one hand facilitates loans to the needy, but which, at the same time, compels us to be aware of the basic prohibition of oppressing others indiscriminately. The same fact that we have to resort to Hether Iska serves to remind us that in its absence we would be violating a law of the Torah.

The ignition of the lights of Hanukkah can be considered as the prototype of a Mitsvah instituted by the Chachamim. The events that Hanukkah celebrates occurred centuries after the Torah was received in Sinai. Therefore, we can ask, How is it possible to recite before turning on these lights “Asher kideshanu bemitsvotav vetsivanu…?” Was it God who ordered us to turn on these lights for a period of eight days? According to the opinion of our sages, the future instructions of the Chachamim were symbolically ordained on Mount Sinai. The Torah is the source of the authority of our sages. Thus, the historical moment of Sinai is transformed into a continuous revelation of the Divine Will through the legal interpretations and decisions of the Chachamim in any period of time.

Just as God is the author of the Torah, He also created the human intellect, who will interpret these Holy Scriptures in the future. Moreover, the Talmud in the treatise Bava Metsia recounts a dispute between God on the one hand and the Celestial Court on the other, referring to a question of Tum’a, which is ritual impurity. According to the Almighty, there is no ritual contamination in the situation in question; according to the Celestial Court, there is. The case was brought before Raba bar Nachmani who was very studious on these issues, according to the text of the Talmud cited. It is clear that it makes no sense to instruct God about His Law.  He, God, is always right about the correct interpretation of His Will.

However, the teaching that we can derive from our episode is the insistence of the Talmud   that the Torah was given to humans so that it is the latter who interpret it according to certain standards. The principle Lo bashamayim hi, affirmsthat once the Torah was delivered on Mount Sinai, it ceased to be heavenly property. Now it is man who has the possibility and obligation to study it, interpret it and deepen its teachings.

Does the Torah also give the Chachamim the authority to radically change the Law? This is a question that does not have an easy or simple answer. Sometimes, for example, taking into account the fact that fish sellers took advantage of the eve of Pesach to unduly speculate on prices, the village rabbi forbade eating fish on that holiday. And indeed, the person who disobeyed him would be breaking the Law. We have received reports of concentration camps in the Nazi era testifying that a certain rabbi ordered those detained to eat on Yom Kippur given the serious condition of malnutrition that jeopardized their lives.

When the Chafets Chayim was informed that the lives of members of a company of Jewish soldiers in Siberia were in danger because they had nothing to eat and the cold was very severe, he replied that they could eat Chazir, pig, which was the only food available (ober nit shmochken di bainer, without sucking their fingers). Our sages based their verdict on the Pasuk   of Tehilim that reads: Et laasot laShem heferu Toratecha, “If it is time to do something for the Lord, one can even break the Law”.

Can a rabbi, or a teacher of our Law, contradict another rabbi’s decision? The Mará deAtra, the master of the place has the last word on a legal issue. However, a Beit Din, which is a Rabbinical Court, or a Talmid Chacham, asage who can document the validity of an opposing opinion, citing sources authorized for this purpose, could annul the original decision. Who decides which Beit Din has greater authority? There are certain basic principles. 

We generally consider previous generations to be more knowledgeable about the Law, perhaps because they were closer to the beginning when the Torah was given. For example, the Amoraim who are the masters of the Gemara, which contains the discussions of the academies, cannot question the opinion of Tanaim, the masters of the Mishnah, and who belong to a previous period in the composition of the Talmud. When facing a dispute between sages of the same generation, we follow several rules. Perhaps the most important of these is that we follow the opinion of the majority, according to the principle of the Torah, Acharei rabim lehatot.

The Talmud in the aforementioned treatise of Bava Metsia records that Rabbi Eliezer, who by his mercy had powers to alter the course of nature, invoked his ability to impose his point of view on the Chachamim, the sages of that time. The Chachamim refused to follow Rabbi Eliézer’s decision, even after hearing a Batkol, a heavenly voice that sided with Rabbi Eliezer in this dispute. They argued Lo bashamayim hi, the Law is no longer in the heavenly heights. Now it is we, according to the instructions of this Torah, who, as a majority, have the decision in our hands.

The Talmud establishes a hierarchy with regard to the Chachamim, noting that the decisions of some take precedence over those of others. Sometimes a conclusion cannot be reached, and the final decision is allowed to remain in Teiku, on hold. Notwithstanding, reality is that in each generation certain Talmidei Chachamim emerge as the greatest of scholars whose decisions are universally respected. The late Rabbi Moshe Feinstein of New York City was one of those exceptional personalities.

There are no defined parameters for achieving an intellectual position that deserves respect for all. Rabbi Moshe Feinstein’s numerous rabbinical decisions were published and were almost never refuted by other scholars. Thus he became the Posek, the person whose opinions were requested from the most diverse and distant Jewish communities and whose decisions are a reason for study in the different Yeshivot, the academies that are dedicated, exclusively, to the study of traditional Jewish sources.

MITSVAH: TORAH ORDINANCE IN THIS PARASHAH

CONTAINS 7 POSITIVE MITSVOT AND 17 PROHIBITIONS

1. 326.Leviticus 25:4 Do not work the earth during the Sabbath year
2. 327.Leviticus 25:4 Doing no work with trees in the Sabbath year
3. 328.Leviticus 25:5 Do not harvest what grows spontaneously in the Sabbath year
4. 329.Leviticus 25:5 Do not harvest the fruit of the tree in the Sabbath year in the way it is harvested each year
5. 330.Leviticus 25:8 Count 7 cycles of 7 years
6. 331.Leviticus 25:9, 10 Sounding the Shofar on Yom Kippur in the Jubilee Year
7. 332.Leviticus 25:9, 10 Sanctify the Jubilee Year
8. 333.Leviticus 25:11 Do not work the land in the Jubilee year
9. 334.Leviticus 25:5 Do not harvest what grows spontaneously in the Jubilee year
10. 335.Leviticus 25:11 Do not harvest the fruit of trees in the Jubilee year in the way that is harvested each year
11. 336.Leviticus 25:14 Doing justice between seller and buyer
12. 337.Leviticus 25:14 Do not cheat on buying and selling
13. 338.Leviticus 25:17 Do not verbally oppress a Jew
14. 339.Leviticus 25:23 Do not sell land on the Land of Israel permanently
15. 340.Leviticus 25:24 Return the land in the Land of Israel to its original owners in the Jubilee year
16. 341.Leviticus 25:29 Redeem a inherited property in a city in the year (from its sale)
17. 342.Leviticus 25:34 Do not alter the empty lands around the cities or camps of the Levites
18. 343.Leviticus 25:37 Do not bear interest when lending to a Jew
19. 344.Leviticus 25:39 Do not force a Hebrew slave to do demeaning work like a Canaanite slave
20. 345.Leviticus 25:42 Don’t sell a Hebrew slave at auction
21. 346.Leviticus 25:43 Do not force a Hebrew slave to do forced labor
22. 347.Leviticus 25:43 Permanently maintain a Canaanite slave
23. 348.Leviticus 25:53 Not allowing a Hebrew slave to be forced to work extremely by his non-Jewish owner 
24. 349.Leviticus 26:1 Do not prostrate on an engraved or sculpted stone, even in the veneration of God

BECHUKOTAI

LEVITICUS XXVI, 3 – XX VII

MORAL RESPONSIBILITY AND LUCIDITY

The outstanding part of our chapters, which will be repeated in an enlarged way in Ki Tavo, in the fifth book of the Torah, is knownas the Tochachah, the exhortation and warning not to deviate from the path of the Mitsvot. The Torah is very clear in its initial affirmation of our weekly reading, Im bechukotai telechu…, “If in My Laws ye walk and fulfill My precepts I will bring you rain in its time, and the earth shall give its product, and the tree of the field shall bear fruit.” 

The goodness of the earth is, as quoted, the result of people’s behavior and actions. The land is not capricious and does not require sortileges or witchcraft for fertility. The abundance of fruits is the result of a function of human obedience to laws. In parallel, punishments and misfortunes are the consequence of disobedience and rebellion. Veim lo tishmeú Li…, “But if ye shall not listen unto me … I will cast terror upon you… and my face shall turn against you … and ye shall flee without anyone chasing you.”

In the vision of the Torah, nature is not capricious, and the world is not governed by chance. (Einstein claimed that he could not conceive of God playing dice with the universe). There is an order and a why of things. It is man’s moral action that determines the course of events and the obligatory reaction of nature. In the time of Noach it had already been pointed out Vatishachet haarets, that the earth itself had become corrupted, including every living creature that inhabited it. The flood was the consequence of universal corruption. In our day we can conclude in fact, that man has the means to make nature more productive. At the same time, we are aware that we have nuclear means to completely destroy it and make it useless for future generations because of radioactive contamination.

With this in mind, we can assume that the external enemy is a consequence of internal weakness. Just as the human body is under constant threat of microbes, bacteria and viruses that are ready to take advantage of some fragility in our immune system, so society and nature are under constant stalking that can materialize in a hecatombe by simple carelessness or by moral weakness. The prophet Yeshayahu had warned, Meharsayich umacharivayich mimech yetseu,“those who seek to destroy you and those who will plunder you will come out of you”. The true enemy is within us and we are, individually and personally, responsible for the evils that befall us.

Some argue that Medinat Israel’s delicate political situation can be resolved only with the determined solidarity and unification of purpose of the entire Jewish people. At the same time, the most terrible consequences can occur in the absence of this indispensable concertation of efforts. Norman Podhoretz, the editor of COMMENTARY in his alarming essay, ISRAEL: A LAMENTATION FROM THE FUTURE, warns of similar developments that led to the destruction of the state in the past. His call is aimed, in particular, at the role we play, because of the lack of clarity of purpose and because there is no firm decision to unite, something that should have been unconditional with reference to the existence of the State. 

Our loyalty is affected, in part, by the Intifada and the problems of conscience that a fight against women and children arouses. The leaders of the Intifada, probably forthe purpose of earning the goodwill of the world, send women and children to throw stones at soldiers. And by producing sympathy for what they consider to be the right of the Palestinians, by allowing it to establish an PLO-led Palestine, the effective result would compromise Israel’s security including possibly even its existence.

Of course, the reasoning on which the cited essay is based does not enjoy universal approval. A strong controversy has been built around this thesis, which is being debated with vehemence and passion. The argument is controversial, but its approach is traditional because it looks for the causes of the gravity of the situation in our own environment.

From a certain angle, this is an optimistic stance because it affirms that human beings have the potential and vigor to overcome difficulties. The Tochachah (that in synagogues of Hasidic practice does not constitute a regular Aliyah, since no parishioners are called to its reading), contains also, in a certain way, the germ of the Nechamah consolation. Because the Tochachah is not a statement of hopelessness and inevitability. There are balms and solutions to our afflictions. Means and remedies can be difficult, costly and bitter, but they exist and are within reach. 

According to Podhoretz’s thesis, the results are not certain, even with the alleged unconditional support for Israel. In the grimmest of cases, however, it would avoid future remorse and deep depression as a result of not having acted in due course, based on our capabilities.

The Tochachah of our reading is interrupted by the encouraging mention of Vezchjarti et berit Yaacov, “and I will remember My covenant with Yaacov”. Even in the moment of darkness and Hester Panim, the apparent absence of the Shechinah, the Divine presence, the memory of our patriarchs has presence and validity. The lesson that follows is that, despite our deviations and oversights, the example of the forefathers of our tradition and faith remains in force. Although temporarily blocked and hidden, diffuse and imprecisions, the examples of Chesed of Avraham, of his readiness to sacrifice Yitschak, and the dedication to study of Yaacov, remain as a heritage.

Perhaps this is one additional manifestation of one inflated self-esteem. But the implication is that even in our mistakes and sins, we continue to be the spiritual descendants and disciples of these, the first iconoclasts and social revolutionaries. Men ken nit opshatsen a yidishe kishke, affirms the popular saying, which means that the great morality of the Jewish interior spirit cannot be be underestimated because of its deep roots in our intimate personal and human composition, or DNA.

Our obsessive concern about introspection should not lead us to neglect the multiplicity of surrounding external factors. For example, the Nazi phenomenon, so humiliating to all mankind, cannot be analyzed, seeking to attribute its roots to the behaviour of Germany’s Jewish community. We are witnessing today, the reappearance of anti-Semitism organized in various countries. It would be childish, naive and irresponsible to ignore the strong anti-jewish ingredient in the infamous United Nations resolution equating Zionism with racism. (A few years later, this resolution was overturned). 

In post-war Poland we witness a resurgence of anti-Semitism based on the memory of the Jewish presence in the country. It is a kind of historical anti-Semitism, because the great Jewish mass has perished, was assassinated, and most survivors have emigrated. In Italy these days, manifestations of anti-Semitism appear in places where Jews don’t reside. In Europe, in general, anti-Jewish sentiment is growing. Isn’t the blind hatred of contemporary Islam toward Israel an expression of its basic anti-Semitism? The war against Israel is not a confrontation against the Zionist movement exclusively. It is tainted with antisemitic attitudes and hatred.

We are faced with a confrontation of global dimensions against Judaism, against the Jewish people as a whole in many countries. Do those who commit terrorist attacks know how to distinguish between Jews from the diaspora and Israelis? In the last analysis, the Jewish people in Israel and those who are still in the Golah, together, are the guarantors of our survival, to ensure the prophetic promise of Netsach Israel lo yeshaker, the undeniable eternity of Israel.

MITSVAH: TORAH ORDINANCE IN THIS PARASHAH

CONTAINS 7 POSITIVE MITSVOT AND 5 PROHIBITIONS

1. 350. Leviticus 27:2 Whoever promises to donate the esteemed value of a man must give the value written in the Torah
2. 351. Leviticus 27:10 Do not substitute consecrated animals or sacred offerings
3. 352.Leviticus 27:10 If a consecrated animal were replaced by another animal, both are consecrated
4. 353. Leviticus 27:11, 12 Whoever promises the value of an animal must give the value that the Kohen assigns  
5. 354. Leviticus 27:14 Whoever promises the value of a house must give the value that the Kohen assigns plus an additional fifth
6. 355. Leviticus 27:16 Whoever promises the value of a field must give the value that the Torah assigns  
7. 356. Leviticus 27:26 Do not replace consecrated animals of one kind with another
8. 357.Leviticus 27:28 If one promises by way of Cherem part of his property, it will be given to the Kohanim
9. 358. Leviticus 27:28 Land under Cherem should not be sold, it should be delivered to the Kohanim
10. 359. Leviticus 27:28 Land under Cherem should not be redeemed
11. 360. Leviticus 27:32 The tithe of Kasher animals must be delivered annually
12. 361. Leviticus 27:33 The tithe of animals should not be sold, it must be consumed in Jerusalem