Torah tidbits
Parshat B'har-B'chukotai
Aliya-by-Aliya Sedra Summary
Numbers in [square brackets] are the Mitzva-count of Sefer HaChinuch AND Rambam’s Sefer HaMitzvot. A=ASEI (positive mitzva; L=LAV (prohibition) X:Y is the perek and pasuk from which the mitzva comes.

[P> X:Y (Z)] and [S> X:Y (Z)] indicate start of a parsha p’tucha or s’tuma respectively. X:Y is Perek:Pasuk of the beginning of the parsha; (Z) is the number of p'sukim in the parsha.

Kohen

Kohen - First Aliya - 13+5 p'sukim - 25:1-18
[P> 25:1 (7)] One of the most famous sedra openers in the Torah: "And G-d spoke to Moshe AT HAR SINAI saying...". (So popular, that Rashi's question MA INYAN SHMITA EITZEL HAR SINAI is used in modern Hebrew to mean, What does one thing have to do with the other.)

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.

And here is another idea as to why specifically Sh’mita is singled out as the mitzva to teach us that all mitzvot of from Sinai with full detail. It makes the Eretz Yisrael connection. The purpose of our being taken out of Egypt and being given the Torah was to bring us to Eretz Yisrael and that we should live a Torah life in this Land. There is no better choice to make this additional point.

"When you come to the Land..." The Land is to be rested each seventh year. For six years one works the fields, and on the seventh there is to be a Shabbat to HaShem for the Land; neither land [326,L220 25:4] nor trees [327,L221 25:4] may be worked. Even that which grows on its own, may not be harvested (in a normal manner) from the land [328,L222 25:5] or trees [329,L223 25:5]. (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 land- owner 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
Note that there are four prohibitions here in Bhar pertaining to Shmita, and there is a positive command to rest the land in the seventh year, in Parshat Mishpatim. It is noteworthy, though not that unusual, that an area of Jewish Law is presented to us by the Torah in this way - with both positive mitzvot and prohibitions (and not necessarily from the same portion of text).

Shabbat, Shmita, Yom Kippur, Yom Tov, kashrut (to an extent), et al all are heavily sprinkled with serious prohibitions. As such, we are duty- bound to "toe the mark" lest we violate G-d's Law. Our motivation would tend to be "fear of heaven", fear of sin, fear of punishment. Strong motivations, but not as beautiful and powerful as the motivation of "Love of G-d" that is at play when one strives to scrupulously fulfill G-d's commands. One should not see Shmita merely as a series of "don't do this", don't do that". We should rejoice in the opportunity to serve G-d, demonstrate our faith and confidence in Him, be freer to study His Torah and perform mitzvot. Observing Shmita is not just avoiding the prohibitions. It is a positive statement of our belief in the Creator and Master of the World.

[P> 25:8 (17)] (When the majority of Jews are in Israel and the infrastructure of Torah life in Israel is intact,) the Sanhedrin is required to count seven successive seven-year cycles - 49 years [330,A140 25:8]. On the Yom Kippur of the 50th year, the Shofar is to be sounded (as we do each year on Rosh HaShana, and aswe do in symbolic fashion at the conclusion of Ne'ila each year) [331,A137 25:9]. This 50th year is to be proclaimed "kodesh" as Yovel - the Jubilee year [332,A136 25:10]. Farming the land is forbidden [333,L224 25:11] (as during Shmita), as are harvesting that which grows on its own [334,L225 25:11] and gather- ing thefruit of the trees in a normal manner [335,L226 25:11]. Yovel is holy; we "eat of the land". During Yovel one returns to his estate.

There is an important connection between the blowing of the Shofar on Yom Kippur of the Yovel year, and the annual Shofar-blowing on Rosh HaShana - the fact of the matter is that we learn about the blowing of Shofar on Rosh HaShana from that of Yovel. 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 Oral Torah teaching us 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 thatwe 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,A245 25:14] (the mitzva is actually the command to the courts to carefully carry out the rules of business conduct); it is forbidden to cheat in business [337,L250 25:14] (since land returns to its original owners at 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
Here is yet another example of an area replete with prohibitions of a wide variety with a positive mitzva commanding us to conduct ourselves in accordance with the letter and spirit of halacha. Perhaps this is one of the reasons for the positive mitzva in these areas. Technically, the positive command is "unnecessary", since avoidance of all the prohibitions would already bring us to compliance with G-d's Will. The positive mitzva, then, can be understood as requiring us to put our hearts into what we are doing, not even violate the spirit of the law, and be prepared to go "beyond the call of duty" (lifnim mishurat hadin). Furthermore, it is through the positive mitzva that we can attain higher levels of sanctity, as we are challenged with K'doshim T'h'yu.

Rambam describes certain situations in business in which one can technically get away with something, but he is considered not to have acted in "a proper Jewish manner". Perhaps the positive commandment also comes to teach us not to take advantage of the technical loopholes, but rather to conduct ourselves with the highest standards of business ethics.
There is more than one way of explaining what a positive command adds to our observance of mitzvot, when the prohibition(s) are already on the books. This was one explanation.

On another note... 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,L251 25:17]. 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

Levi - Second Aliya - 6+4 p'sukim - 25:19-28

The Land will yield its bounty and we will eat our fill and dwell in the Land in security. No one should question where food will come from (with two years in a row of Shmita restrictions). G-d promises to bless the land during the sixth year (two years before Yovel) so that the land will yield enough for three years; the planting of the year after Yovel will supply our needs thereafter.
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,L227 25:23] since it is to return to its original owners during Yovel [340,A138 25:24].

MITZVA WATCH
Rambam defines the prohibition against selling the land "forever" in the context we find the prohibition. The basis here is that land returns to its original owners in Yovel. An owner isn't really an owner; he's a guardian of the property until Yovel. So here's a person who ATTEMPTS to sell a piece of land forever. Intending that it should not revert to its original owners. Guess what? That cannot be done. The land goes back to its original owners regardless of a transaction to the contrary. The ISUR here is really "attempted" selling of land in E.Y. forever. It cannot actually be done. Rambam.

Ramban takes the mitzva out of its context and explains the ban as forbidding the selling of land in Eretz Yisrael to non-Jews, who we can assume will not abide by the Yovel rule of reversion of ownership.
It would seem obvious from Ramban (and other sources) here and other places in the Torah that it is forbidden to give part of Eretz Yisrael into the hands of non-Jews, certainly ones that are our sworn enemies.

[P> 25:25 (4)] 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.
Rashi says that we learn from these p’sukim that ordinarily, one should not sell a field in Eretz Yisrael, except for the extenuating reason of poverty.

Sh'lishi

Shlishi - Third Aliya - 10 p'sukim - 25:29-38
[S> 25:29 (6)] If someone sells a house in a walled city (walled, that is, from the time of Yehoshua, i.e. original conquest), he has up to one year to redeem it; if not, it remains the new owner's forever. Redemption during the year is by returning the full amount paid, i.e. no deduction for the time that the buyer lived there. (This is technically an exemption from the Torah's ban against interest.) Redemption of a house in a walled city is a mitzva [341,A139 25:29]. On the other hand, houses in non-walled cities have the same rules as land - viz., redemption is possible until Yovel, at which time the house reverts to its original hereditary owners. Houses in Levite cities (even walled cities) are redeemable beyond the one-year limit, and do revert to the Levi at Yovel. 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,L228 25:34].

[S> 25:35 (4)] 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,L235 25:37]. "I Am G-d Who took you out of Egypt, to bring you to the Land, to be your G-d."

(This is definitely NOT a non sequitur - it emphasizes G-d's desire, so to speak, for His People to care about each other. It is as if G-d says to us: Look and remember what I did for you. Now you be nice to your fellows.)

R'vi'i

R'vi'i - Fourth Aliya - 8,11, 3,4 p'sukim - 25:39-26:9

[S> 25:39 (8)] If a Jew sells himself into servitude because of poverty (or any other reason), his master may not treat him contemptibly [344,L257 25:39]. 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,L258 25:42]. Do not subject him to hard, spirit- breaking labor [346,L259 25:43].

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,A235 25:44].

[S> 25:47 (11)] If a Jew becomes a slave to a non-Jewish master, we may not permit him to remain so [348,L260 25:53]. 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,L12 26:1].

"Keep My Shabbat and revere My sanctuary, I Am G-d. It is likely that Shabbat here refers to Sh'mita. If so, it makes a matched bookend with the beginning of the sedra. On the other hand, if Shabbat means Shabbat, then the juxtaposition to idolatrous prohibitions also makes the point that desecration of the Shabbat is tantamount to idolatry.

[P> 26:3 (11)] 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.

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.

The 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 results from) 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 (sword) 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.

Notice how there is a promise of peace in the land and a promise for the might to vanquish the enemy. Peace in this context can refer to peace among Jews. Enemies from the outside still exist, and we are promised the ability to advance upon them.

The promises of blessings in this first part of the sedra come in two forms: not only agricultural and military, but natural and subtle on the one hand and open and obvious, on the other. Beneficial and timely rain - much appreciated. Bumper crops - much appreciated (one would hope). But rain and growth of produce is partof nature. On the other hand, the magnitude of promised military success is seemingly more miraculous. Yet (on the first hand), nature also consists of no rain and drought and failed crops. So unparalleled agricultural success is truly miraculous as well.

Chamishi

Chamishi - Fifth Aliya - 37 p'sukim - 26:10-46

This Aliya contains the "Tochacha", one of two portions of the Torah containing G-d's detailed admonition to the People, warning of the dire consequences that will result from disregard of Torah and mitzvot...

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 we do not keep Eretz Yisrael without any strings attached. 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 the first part of this double sedra. In the latter part, we are presented with the dire consequences of the disregard of this important mitzva.

Shishi

Shishi - Sixth Aliya - 15 p'sukim - 27:1-15

In pledging funds to the Mikdash, it is possible to offer the "value" of an individual [350,A114]. The Torah lists amounts for individuals depending on sex and age... 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,L106].If he attempts to do so, then both the original animal and its substitute (t'mura) are consecrated to the Mikdash [352,A87]. An animal not fit for the Altar is to be evaluated by a kohen [353,A115], and can be redeemed... A person can also offer the value of a house [354,A116]...

Sh'vi'i

Sh'vi'i - Seventh Aliya - 6,7,6 p'sukim - 27:16-34
If a person dedicates the value of his property to the Mikdash, it is to be evaluated by a kohen based on quality and number of years to the next Yovel [355,A117]... A firstling is automatically sanctified to the Altar; one may not consecrate it as another korban [356,L107]... Consecrated property goes to the kohanim[357,358,359;A145,L110,111]... 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,A78]... may not be redeemed [361,L109].

Haftara

Haftara, 17 p'sukim, Yirmiyahu 16:19-17:14

The words of the prophet contain warnings and admonitions which echo the Tochacha contained in the sedra. The haftara ends with a prayer for G-d's help in keeping us faithful to Him and His Torah.


[The Parshat B'har-B'chukotai Homepage]
[The TORAH tidbits Homepage] [How to use TORAH tidbits]
[About The OU/NCSY Israel Center] [About TORAH tidbits]
[www.ou.org]

ttarchives.gif (5704 bytes)