Spiritual and
Ethical Issues in the Historical Books of Tanach;
SPIRITUAL AND ETHICAL ISSUES IN THE BEREISHIT STORIES These four books ostensibly are merely the history of Israel from the entry into the Promised Land until the destruction of the Temple and the temporary loss of independent statehood. In fact they are actually, in a specifically Jewish sense, the most deeply religious and spiritual books of the Bible. One does not have to be specifically Jewish to see or feel the religion and spirituality in the revelations of the prophetic writings or in the words of the Tehillim. They speak to all people, as evidenced by the fact that the Bible is still the world's bestseller and there are millions of non-Jews who regularly recite the Psalms. However, it is specifically and intrinsically Jewish to understand that G-d is revealed in the prosaic material, in the political, social and military events in the lives of ordinary men and women, kings and leaders that are described in the Nevim Rishonim. Here are described the ideology and religious thoughts in Judaism, while in Chronicles we have the purely historical. These are the Sons of Yaakov [7] Throughout most of the commentaries one can see either openly or by implication, the undercurrent of their own experience of galut. Rabbi S. R. Hirsch sees the actions of Shechem and Hamor and the reaction of Yaakov as paralleling the galut experience. "The sons of Yaakov saw through prophecy, that rape and degradation of women was not part of Galut Mitzrayim, and so saw themselves free to act as they did in the case of Shechem" (Rabbi Yonatan Eybeschutz). "Yaakov's sons answered Shechem and Chamor, b'mirmah"; translated either as cleverly (Onkelos, Midrash) or as deceit- fully (Radak); Cleverly, in that their answer was calculated to extradite Dina since they were certain that, even if Shechem agreed then, the people of the city would surely never agree to circumcision and they would be free to leave. In deceit, since they had no intention of intermarriage but the prerequisite of Mila would afford them an opportunity to take Dina while the city was recuperating from the Mila. The moral dilemma of the sons of Yaakov recurs throughout the years of our galut when the nations have persecuted us, often threatening our very physical existence. The protective mechanism, under the unnatural conditions of exile and homelessness, against the constant threats of hostile host nations and government enmity was always some measure of cunning, shrewdness or deceit. This is one of the primary ways in which 2000 years of Galut has deformed and corrupted us spiritually, leading to a Chillul Hashem (Ezekiel 36:16-32). For our generation the spiritual and moral challenge is to eradicate the pernicious effects of what was an understandable and justified protective mechanism, but which seems to have continued long after the cause has been removed. To a nation living independently under its own flag and government there are other perfectly moral ways to protect itself from persecution and danger. Today, in the golah, Jews have to liberate themselves from immoral and unethical practices forced on us over the generations by constant discrimination and persecution. Rabbi M. Feinstein, makes it clear that in the U.S.A. it is forbidden to cheat the government because there, in contrast to the generations of Eastern Europe, the Jews live under a government of chesed that has no desire to harm them (Iggrot Moshe, Choshen Mishpat, part 2, teshuvah 29). We have still to consider the moral justification for the collective punishment by Bnei Yaakov of the people of Shechem for the action of their ruler. Broadly speaking, our commentators follow the arguments either of the Rambam or of the Ramban in formulating their answers. They both seek therein the collective legal responsibility and liability of the people of Shechem and therefore the justification for their death. There is great significance for us in these discussions beyond the specific case of Shechem, as these laws are still incumbent on all the nations to this day. "Although the Rambam's nor the Ramban's explanation may suffice in other respects, neither of them can justify the looting and pillage of Shechem in which all of the brothers took part: They plundered their flocks, their herds, their donkeys, whatever was in the town and in the field" (Or HaChaim). "The sixth of the Noachide laws is the obligation to appoint judges to enforce observation of the other six. A Ben Noach who transgresses any of the laws is liable to the death penalty. Anyone who witnesses any such transgression and does not act to bring the perpetrator to justice does not fulfill his personal obligation and is therefore liable to the same penalty. Since the people of Shechem saw and knew of the act of GEZEL of Dina by their prince but did nothing to bring him to trial, they became liable to the death penalty" (Hilkhot Melakhim 9:14). " However, it was not the responsibility of Yaakov and his sons to bring them to justice The obligation to appoint judges to enforce the other six is a positive mitzva and the Noachide is not punishable by death for not fulfilling a positive mitzva. However, the commercial, social and monetary laws incumbent on the Jew are likewise incumbent on Bnei Noach and they are liable for the death penalty for the infringement of any of them. The people of Shechem, like all the people of Canaan, disobeyed these laws and it was for that, that they deserved to die. So Shimon and Levi wanted to kill the king and all the men of his city. In this they maintained that their circumcision was not genuine. Yaakov held that they might of chosen to believe in G-d and thus Simon and Levi had killed them without cause." (Ramban, Bereishit 34:25). This is installment #143 in Dr. Tamari’s series on “Tanach and its messages for our times” [The
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