Torah tidbits

Spiritual and Ethical Issues in the Historical Books of Tanach; SPIRITUAL AND ETHICAL ISSUES IN THE BEREISHIT STORIES
by Dr. Meir Tamari

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.

"Grant me a burial place" [2]
"And Avraham arose from the presence of his dead and spoke to the sons of Heth"; as the laws of mourning only apply when the body is buried (Ketubot 47b), Avraham was allowed to go out in public, but to busy himself only in attending to her burial, like any other mourner" (Soforno). "According to Sanhedrin (46b), Sarah's funeral was delayed until Avraham's arrival, therefore verse 3 reverses the normal order that is, of first weeping for the dead and then eulogizing them, whereas here Avraham first eulogies her and then retires to mourn her" (Ha'amek Devar).

Although there were other clans in Hevron, the children of Heth ben Canaan were the leading family there and therefore Avraham addressed himself to them in connection with acquiring a sepulcher in their territory, thereby assuring himself that the Ma'arat HaMachpela would remain the uncontested property of his descendants for ever (Akeidat Yitschak). He consulted the whole community in order to avoid the sale later being challenged by the Din of Bar Metzra, whereby the adjacent property owner or owners has the right of first refusal; a law that is considered a example of Lifnim MiShurat HaDin, not flowing from law but rather a law embodying Chesed. The whole nature of the public negotiations for the purchase and the repeated requests that he makes for the official witnessing and approval of the sale by the proper authorities, highlights his desire to ensure its eternal validity. For the same reason, when summing up the whole transaction, the text (23:17) specifically notes the exact location of the field being bought as 'in Machpela facing Mamre', and clearly delineates that what Avraham bought was the field, the cave and all the trees within its boundaries; nothing is left in doubt as to the legality of the sale. Based on this verse, the Sages taught that one who sells a field must enumerate all its distinctive features and boundaries (Mishna, Bava Batra 68b-69b). "This validity is conveyed by the phrase which sums up the sale VAYAKAM HASADEH (verse 17), meaning that the deed of sale was validated by the signatories (Soforno, following Rambam's interpretation of VAYAKAM). The detailing of the transaction is reminiscent of the halahkic principle that real estate, unlike movable property, is not considered an asset that can be stolen since there is always tangible knowledge of ownership.

At the very outset of the transaction we are told: "Then Avraham rose up and bowed to the Am Ha'aretz [a term denoting in Biblical Hebrew, a council of elders] of the sons of Heth ['in gratitude not in servitude' (Avraham ben HaRambam)]; to teach us that gratitude was to be shown to them since it was in their honor that Efron who was a member of the council would agree to his request" (Soforno). "Although the Torah avoids unnecessary repetition or explanation, nevertheless, 'the children of Heth' is repeated no less than 10 times [8 times in this chapter and again in 25:10 and 49:32). This corresponds to the number of the 10 Commandments, to teach that one who helps a purchase by a righteous person is considered as though they have fulfilled the 10 Commandments [since the article bought will now be put to a pure and lofty use]" (B'reishit Rabba). Avraham honored them though they were pagans, even as our sources teach that the verse: "In the presence of an old person shall you rise up" refers to our duty to respect old age irrespective of the person concerned. After all, if Hashem granted them long life, then they must be deserving of His gift. The second part of the same verse: "You shall honor a zaken" (Vayikra 19:32), refers to one who is a sage, irrespective of his age. However, there is no obligation to honor either if they are wicked (Yoreh Deah, 244:1); Rambam taught that we do not mourn for an APIKORES or a MUMAR LEHACHIS (Hilkhot Avel 1:10).

The council of the sons of Heth replies to Avraham that far from being a stranger and a sojourner, he is a veritable 'Prince of G-d in their midst'. "They saw that G-d had made him a king over them" (Ramban); alternatively that, "he was one elevated by G-d and so considered by them" (Radak]. "Despite their great respect for him, while everyone of them would be willing to let him bury Sara in their burial places, they could not agree to his request for an achuza - family sepulcher, as their common law stipulated that only natives could possess such burial sites" (Malbim B'reishit 23:6).

Yet Avraham wanted a permanent sepulcher for his wife; "As we learn in Bava Batra 112a, it is degrading for the righteous to be buried in alien soil" (Ha'amek Davar). "For the Ma'arat HaMachpela signifies that that cave had a special relationship to pairs - MACHPELA, double, as does Hevron being derived from CHAVER, to unite or to attach. So the very first Jewish possession in the Promised Land was a place that stood for the attachment of husband and wife. In later generations the morning service in the Temple could only commence when the lookout there saw the sun's rays strike the tomb of the Avot and Imahot. So the future generations would be linked to their ancestors, teaching that KIBUD AV VA'EM is a necessary preparation for honoring G-d" (Rabbi S. R. Hirsch, (B'reishit 23:19).

This is the 113th installment in Dr. Tamari’s series on “Tanach and its messages for our times”


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