Parashat B'har-B'chukotai
Kohen - First Aliya - 13+5=18 p'sukim - 25:1-18 The unusual nature of the pasuk is based on the rare additional words in the otherwise very familiar pasuk: And G-d spoke to Moshe saying. The mitzvot that follow deal with Shmita, the Sabbatical year. A basic element of our belief is that the whole Torah was revealed by G-d to Moshe (and by him to us) at Sinai (and not just the Ten Commandments, as many people - Jews and non-Jews - would claim). Why then mention the location of this particular set of commands? One of the principles by which the Talmud teaches us the Oral Torah is "when one issue is singled out for special treatment, the teaching not only applies to the one issue, but to the whole group from which it came". Here the teaching is this: Just as Shmita with its details was given at Sinai (it says so specifically right here), so too were all mitzvot given at Sinai with their details (and not just "Chapter- headings"). This idea is an important feature of the Chain of Tradition, and is an essential component of "Emunat Chachamim", the trust, faith, and confidence we must have in each link of the chain. On another level we still can ask the question: "why was this particular set of mitzvot chosen by G-d, so to speak, to teach us the general rule?" One commentator offers the following insight: The mitzva of Shmita teaches us (among other things) that G-d in concerned with the mundane things of this world. He cares about us and our earthly fields and trees. And He exists, not only in the lofty realm of the heavens, but His Essence fills the world. G-d's choice of lowly Har Sinai as the venue for giving us the Torah, was meant to teach us the same idea. How appropriate that the Torah tells us that it was at Sinai that G-d commanded us the laws of Shmita. "When you come to the Land..." The Land is to be rested each seventh year. For 6 years one works the fields, and on the seventh there is to be a Shabbat to HaShem for the Land; neither land [326] nor trees [327] may be worked. Even that which grows on its own, may not be harvested (in a normal manner) from the land [328] or trees [329]. (The Torah uses the term "vineyard", but means to include all trees.) Shmita year is for all to benefit from the land (without the usual sharp distinction between landowner and others); and for the animals. (Shmita gives the land a chance to restore itself, and gives us a chance to put our relationship with the environment and with the other creatures who share the Earth with us, in perspective. It helps us get our priorities straight.) Shmita reminds us of who created and still rules. MITZVA WATCH Observing Shmita is not just avoiding the prohibitions. It is a positive statement of our belief in the Creator and Master of the World. Farming the land is forbidden [333] (as during Shmita), as are harvesting that which grows on its own [334] and gathering the fruit of the trees in a normal manner [331]. Yovel is holy; we "eat of the land". During Yovel one returns to his estate. Although we might consider the yearly blowing of the Shofar as the main fulfillment of the mitzva of Shofar, and the once in 50 years blowing of the Shofar on the Yom Kippur of Yovel year as something less - the fact of the matter is that we learn much about the blowing of Shofar on Rosh HaShana from that of Yovel. Most significantly, the word SHOFAR is not used in the Torah in the context of Rosh HaShana. Rosh HaShana is to be a T'RU'A DAY, but we would really have a difficult time knowing what to do on Rosh HaShana had it not been for the parallels to Yom Kippur of Yovel. Comparing the texts of the two days, we find a Tishrei-Tishrei match and a T'RU'A-T'RU'A match. The Gemara teaches us that we answer the question as to how to make a T'RU'A in Tishrei (Rosh HaShana), by doing it the same way as the other Tishrei T'ru'a is produced - with a Shofar. This method of learning Rosh HaShana from Yom Kippur of Yovel is known as a G'ZEIRA SHAVA. It is one of the methods by which the Written Word and the Oral Law are linked. G"Sh is part of the Tradition passed down through the generations. In business with others, one must deal ethically [336]; it is forbidden to cheat in business [337] (since land returns to its original owners with Yovel, real estate purchases are only for a specific period. Prices therefore, should reflect the number of years remaining until the next Yovel. This is the context of the general mitzvot regarding proper business practices.) MITZVA WATCH More... Let's say that an art dealer passes off a good-quality fake as an original master. To be sure, the art dealer has violated the halacha against cheating in business. But whose law has been violated? Do we consider this type of cheating to be a rabbinic prohibition inspired by the Torah's statements regarding the particular example of cheating vis-a-vis the years remaining until Yovel. No. We say more. We say that our Oral Tradition teaches us that Yovel is the particular context for a wide category of prohibition. In other words, in this case, we are not dealing with Torah-inspired rabbinic extension of Torah Law. We are dealing with Talmudic DEFINITION of Torah Law. These are not the same; the distinction between them is significant to our keeping things in proper perspective. Not only must one not take unfair advantage of his fellow in money- matters, he must be careful not to "oppress" or deceive others with words [338]. This prohibition is very serious, as evidenced by the link the pasuk makes between it and the mitzva to revere (fear) HaShem. Safeguard and obey the statutes and laws of the Torah and dwell in security on the Land. (This link between observance of Torah and continued peaceful, secure living in Israel, is an oft- repeated theme, one that must be kept in mind in modern Israel.)
Levi - Second Aliya - 6+4=10 p'sukim - 25:19-28 [SDT] One commentator says that the pasuk states that if someone were to ask what are we going to eat..., then G-d will command His blessing to give us an abundant yield. However, one should not ask. If we are completely faithful and believe without reservation or question that G- d will provide for us, then He won't have to command the blessing to come; it will happen as a natural reaction to that faith. The land must not be sold forever [339] since it is to return to its original owners during Yovel [340]. If a person were forced to sell off hereditary land because of poverty, he or a relative may redeem the land by paying a proportional amount (depending upon how many years remain until Yovel). If not redeemed before Yovel, the land reverts to its hereditary owners with Yovel.
Shlishi - Third Aliya - 10 p'sukim - 25:29-38 The Levi has hereditary rights to those special (42+6) cities. It is forbidden to alter the areas around those cities by selling off parts of the land on a permanent basis [342]. We are obligated to help our fellow who has fallen on hard times. We may not take interest for personal loans made to help him out [343]. "I Am G-d Who took you out of Egypt, to bring you to the Land, to be your G-d." [SDT] The pasuk says that YOU SHOULD NOT LEND YOUR MONEY WITH INTEREST. The word here is B'NESHECH, which also means WITH A BITE. A Jew who lends money to his fellow should do it with an open heart and a pleasant disposition, and not be snappy or curt with the recipient. The Torah repeatedly shows us the compassion that G-d has for the down-trodden. He wants us to emulate those feelings. Giving is good. Helping others is good. But it must be with a pleasantness that will not hurt the feelings of the already disadvantaged. One more step. Not only do our actions have to be proper, and not only do we have to speak pleasantly (including no dirty looks, raising of eye brows, gestures, etc.), but we also must have proper thoughts. To lend a poor person money he needs, and even to behave properly, but to harbor a resentment or a condescending attitude in our minds, is improper. It might even be the worst part of the offense, since it is born of an incomplete belief that G-d is the Boss and calls the shots.
R'vi'i - Fourth Aliya - 8+11+3+4=26 p'sukim - 25:39-26:9 If a Jew sells himself into servitude because of poverty (or any other reason), his master may not treat him contemptibly [344]. He shall be treated like an employee, and stays with his master only until Yovel. (This is the maximum; under normal circumstances, the Jewish manservant goes free much sooner.) At Yovel, he and his family return to their hereditary land. We are servants of G-d (and should not be subservient to other people); no Jew shall be sold in the degrading way of the slave market [345]. Do not subject him to hard, spirit-breaking labor [346]. Jews (according to Torah law) may own non-Jewish slaves, such slaves becoming hereditary property. These slaves are not released at Yovel, but remain the permanent property of their owners [347]. If a Jew becomes a slave to a non- Jewish master, we may not permit him to remain so [348]. Redemption should be by his close relatives, or himself if he obtains the means. Equitable calculation should be made for compensating his master. We must not let his master break his spirit. All this is because Israel is subservient to G-d, Who redeemed us from Egyptian slavery. We are to be committed to Him; we may not make false gods nor idols or sacred pillars; nor may we kneel on a "decorated stone" [349]. "Keep My Shabbat and revere My sanctuary, I Am G-d. It is most likely that Shabbat here refers to Sh'mita. If so, it makes a matched bookend with the beginning of the sedra. If we keep the Torah and mitzvot, then HaShem will provide beneficent, timely rainfall and bountiful crops. The yield of the Land will be so great, that each agricultural season will blend into the next one. And we will have plenty to eat - on our own Land. "If you walk on the path of My statutes..." Rashi comments that this is not just another way of saying "keep the mitzvot", but rather it points to our task of immersing ourselves in a Torah & Mitzvot way of life. Another commentator points to the word "walk" and says that it is insufficient to just "stand still" within an environment of mitzvot, one must take continual strides towards greater spiritual heights. [SDT] The Gemara says that IM B'CHUKOTAI TEILEICHU is more that just stating the facts: If this, then that; if not this, then something else. The Gemara says that HaShem is asking us, pleading with us, to keep the mitzvot and immerse ourselves in Torah. If He asks, how can we not do what He wants - He created us, He put us into this world. Promises of prosperity from the opening p'sukim of the parsha are made for Jews who live in Eretz Yisrael. The same deal, apparently, does not apply to those who live in Chutz LaAretz. This says Torat Kohanim in analyzing the word - B'AR-TZ'CHEM. Further reward for (or result of) following the Torah and keeping the mitzvot, will be peace and tranquility in the Land (of Israel). Both natural disasters (wild beasts) as well as human enemies will be kept at bay by HaShem. And when we do encounter our enemies, G-d will grant us the ability to vanquish them mightily. If we keep to our side of the deal (so to speak), we will be blessed with fertility and G-d will keep His covenant with us.
Because it is so painful to hear these terrible words - especially realizing how often they have come true - the custom developed to read this portion in a low voice. We are ashamed that G-d needs to threaten us in so graphic a way. There was a time when no one wanted the dubious honor of receiving this Aliya. Today the minhag is to call the Rabbi, Gabbai, or the Baal Korei himself for this portion. (In many congregations, it is the one who gives out the Aliyot who gets the Tochacha, so that no one else can feel slighted by him.) The Tochacha is always contained within one Aliya which begins and ends on "cheerier" notes. A significant theme of the Tochacha is the connection between the keeping of the laws of Shmita and our hold on the Land. We must alway realize that our hold on Eretz Yisrael is very much conditional. We have a clear commitment and responsibility to keep the Torah and fulfill the mitzvot as individuals AND as a community. Shmita was commanded in B'har. In B'chukotai we are presented with the dire consequences of the disregard of this important mitzva. Continual reference is made of both physical and spiritual benefits from observance of mitzvot, and the opposite for disregard of the mitzvot. This combination of promise of good and threat of bad, together with the body of mitzvot of the Torah, is the covenant between G-d and the People of Israel at Sinai via Moshe.
If a person pledges an animal to the Mikdash which qualifies as a korban, he may not exchange or redeem that animal (even for one of greater value) [351]. If he attempts to do so, then both the original animal and its substitute (t'mura) are consecrated to the Mikdash [352]. An animal not fit for the Altar is to be evaluated by a kohen [353], and can be redeemed by adding 1/5 of its valuation. A person can also offer the value of a house [354], in which case a kohen determines its value, and the house becomes redeemable by adding 1/5. If donating the value of a boy between 5 and 20 years of age, for example, is equivalent to a pledge of 20 shekels, then why not just donate 20 shekels? What is the significance of labeling certain amounts as the "value" of a person? Part of the answer seems obvious. We psychologically relate much more strongly to our giving the value of person to the Beit HaMikdash than we would with a mere sum of money. This would be especially so if the person were ourself or a loved one. Modern fundraising psychology borrows this idea. Compare the emotional connection of contributing, let's say, $100 to a charitable cause, compared with the same $100 to "foster a child" for a certain period of time. Same amount, but the emotional response is quite different. MITZVA WATCH
If the property in question is not hereditary, but rather purchased, then the rules differ. The land is evaluated in the same way, but at Yovel it reverts to its original owners, and not to the Mikdash. A firstling is automatically sanctified to the Altar; one may not consecrate it as another korban [356]. The rule of not switching one sanctity for another, applies to other categories of korban as well. A non-kosher animal offered to the Mikdash is sold off. If something itself is consecrated to the Mikdash (rather than its value), it cannot be redeemed; it remains holy. Consecrated property goes to the kohanim [357,358,359]. A person under a death penalty has the status of "Cherem" (non-redeemable items). The land's tithe (here referring to Maaser Sheni), is sacred; it is (either to be eaten in Jerusalem or) to be redeemed. The tithe of the animals (cows, goats, sheep) are to be separated by counting every tenth one regardless of the quality of the animal [360]. These animals are sacred and must be eaten only in Jerusalem and under conditions of ritual purity. Maaser B'heima may not be redeemed [361]. Violation of this rule results in both animals being considered holy. "These are the mitzvot... at Sinai." This final pasuk of the sedra (and book of VaYikra), closes the section that was opened by the first pasuk of B'har, the usual partner sedra to B'chukotai.
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