Feature Tidbit
for Parashat Balak

Too Close to Call

No enemy from the outside was able to hurt Bnei Yisrael from the time they came out of Egypt. Several nations tried the SWORD, and they failed. Two nations (Moav and Midyan in this week's sedra) dropped the S and tried the WORD - and they too failed.

We, on the other hand, were (and probably still are) our worst enemy, as the expression goes. We repeatedly "broke faith" with G-d, and "angered" Him (so to speak)... and suffered the consequences.

If our sources tell us that Bil'am was the epitome of arrogance, then we can imagine that he really, really wanted to succeed in "blessing" the people. He repeatedly failed, as all his attempts turned into real brachot. But fail, as he did, he left a parting advice with Balak, which was to tempt us into a situation which would anger G-d, once again. It took the "beautiful people" of Moav and Midyan to entice some of Bnei Yisrael to the idolatrous and immoral practices of Baal Peor. Then a plague broke out among Bnei Yisrael and claimed 24,000 lives before it was stopped by the zealous deed of Pinchas.

Which is what I want to continue with.

First, Jewish law states that if a Jew is having relations with a non-Jew IN PUBLIC, and someone witnesses this and immediately reacts by killing the sinner(s), then such an act is praiseworthy, and the person has protected G-d's honor. This rule is considered to be HALACHA L'MOSHE MISINAI. Proof that this is a true ruling, states the Rambam, is the episode of Pinchas.

However, the Rambam also says that had Pinchas asked for a psak halacha about what to do, he would not have been told to kill them. Furthermore, had Zimri seen the spear coming and somehow had managed to kill Pinchas, thereby saving his own life, that he would not be liable for murder. (In contrast, this is how it works in a RODEIF-NIRDAF situation. "A' is chasing "B" to kill him. "C" is duty-bound by the Torah to try to save "B" from "A". If the only way possible to stop "A" is to kill him, then to do so would be justified. If "A" were to see "C" coming at him and quickly turn and kill "C" to save himself, then halacha would consider him a murderer, he would stand trial for it, and could be executed for it if found guilty. If "A" claims HABA L'HORG'CHA - if someone is coming at you to kill you, you can kill him first (this is more than self-defense, and it is the rule of halacha), we say that his being a RODEIF forfeits his right to that level of protection, and we consider him a murderer. But not so Zimri. Even though Pinchas was justified in killing him, he still retained his right to self-preservation.

More. Pinchas is considered justified in what he did, only because it was in the middle of the act. Right after the act, and Pinchas would have been considered a murderer.

It is also important to keep in mind that the prohibition of intermarriage - which is the operative prohibition in the Pinchas-Zimri episode, has three levels. It is forbidden by Torah law for a Jew to live with a non-Jew as husband and wife. This applies to the Seven Nations in Canaan and to all other nations as well. The prohibition of a Jew having relations with a non-Jew (but not living together) is Rabbinic (according to the Rambam). Neither is a capital offense. The third level is Zimri's, when the act is done in public - in the presence of 10 or more Jews. Then the element of Chilul HaShem raises the seriousness (let us say) to the unusual status of KANA'IM POGIN BO. Kareit (excision) also comes into the situation.

No room to say a lot more, but enough for some parting comments.

The Pinchas episode was such an unusual combination of factors that led to Pinchas' hero status in G-d's eyes (so to speak) that it is extremely dangerous to use it as precedent for one's actions. Far too many people have tried to justify inappropriate actions by claiming, KANA'IM POGIN BO! It doesn't fit far more often than it does.

Pinchas took a ROMACH (spear) in his hand. He armed himself, say some commentaries, not only with a spear, but with the 248 positive mitzvot (REISH-MEM-CHET, the spelling of romach in the pasuk). Zev Frank, master-Torah-riddle-maker - host of the Hebrew show that is broadcast by Arutz-7 parallel to Torah Tidbits Audio - made an amazing discovery while researching a riddle he was composing. Not only is RAMA"CH significant by being the number of Mitzvot Asei in the Torah, but the 248th Lav (Lo Ta'asei) in the Torah is the prohibition of intermarriage (last mitzva in Va'etchanan). This is the very prohibition, carried to the most serious level by Zimri, that prompted Pinchas' action.

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