Kedoshim 5768 – Gilayon #547
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YOU SHALL NOT STEAL. YOU SHALL
NOT DENY FALSELY. YOU SHALL NOT LIE, ONE MAN TO HIS FELLOW.
You shall not steal – This is formulated in the plural in order to teach you that one who sees[an act of theft] and remains silent is a thief, just as is the person who took
possession of the stolen goods.
on Vayikra 19:11)
You shall not steal – …if it has said here, You shall not
steal, You shall not deny falsely, etc. in the singular, then these
words would be addressed to the individual, as are the Ten Commandments; they
would speak of literal theft, lying, and false swearing. Condemnation of those
sins is not the concern of the passage dealing with holiness. If one merely
avoids stealing and swearing falsely he remains far from being holy. However,
when these prohibitions are expressed in the plural they address the nation as
a whole. Now it becomes impossible to say that they refer to gross crimes,
since the entire nation or even a majority within it would not do such things. They
can only occur in any national society as isolated phenomena, and the whole of
the nation will move to counter them, using its sovereign powers. Rather, here
the Torah is talking about the kinds of theft, lies, and false swearing that
can seep into commercial and social life in general. They can even become the
dominant character of the nation – since everyone is involved with them they
lose the mark of disgrace associated with crimes. They even come to be thought
of as an art deserving praise and honor. However, in God's eyes they are lowly
and despicable, as are literal theft, lying, and false swearing. Here God's
word, which comes to sanctify His people, warns against them… that which is
true of commercial life is also true of social life. You shall not steal
includes "stealing knowledge" [genevat da'at = deliberately
creating a false impression]. An upright Jew will acquire a friend and gain his
fellowship – but he will not "steal" his heart.
S.R. Hirsch, ad loc)
You shall be holy – on Human Responsibility and the Meaning of the
Kedoshim begins with the command: Speak to the entire congregation of the
children of Israel, and say to them, You shall be holy, for I, the Lord,
your God, am holy (Vayikra 19:2). This
command and the command, And you
shall do that which is just and good in the eyes of God (Devarim 6:18) are stylistically
different from the other commands found in the Torah. The latter make concrete
demands and their practical significance is clear, while the former are
exceedingly general and may be understood in a variety of ways. Many exegetes
have tried to explain the intention of those verses and the interpretations
they offer can serve as an entrée towards understanding their worldviews
regarding human responsibility and the meaning of the commandments.
In other words: the question whether You shall be holy refers to
specific commandments or whether it is a meta-principle that stands above any
particular commandment – is not merely an exegetical issue. The solution to
this problem will have far-reaching implications for our understanding of personal
Is a "good Jew" merely required to observe
the 613 commandments or must he go beyond that and exercise his own judgment
and decide how to obey them and how to realize their underlying moral
principles in every new historical situation? In other words: Must we seek the
values which shape the Torah's practical demands and implement the commandments
by the light of our understanding of those values? Or should we avoid asking
about the intentions of the commandments and observe them in the spirit of,
"When you see something like this, sanctify it" (Kazeh re'ei
ve'kadesh – i.e., "Do as you are told.") in every time and
situation without considering the consequences and influences of performing the
Following the midrash Vayikra Rabbah, Rashi
interprets our verse:
shall be holy Separate
yourselves from sexual immorality and from sin, for wherever one finds a
barrier against sexual immorality, one finds holiness, [for example:], [They
(the priests) shall not take in marriage] a woman who is a prostitute or one
who was profaned… I, the Lord, Who sanctifies you [am holy] (Vayikra 21:78); and, he shall not profane his offspring…
I am the Lord, Who sanctifies him (Vayikra 21:15); and, They shall be holy… [They shall not take in marriage] a
woman who is a prostitute or one who was profaned (Vayikra 21:67). (Judaica Press translation)
lends the general command You shall be holy a more detailed meaning. The
verse comes to warn us against all of the prohibitions related to sexual
immorality. RaMBaN disagrees with this interpretive tradition and suggests a
completely different understanding of the command:
shall be holy – … in my
opinion this is not the abstinence of abstaining from illicit sex, as the rabbi[Rashi] says… The point is that while the Torah prohibited illicit
sexual relationships and banned certain foods, it also permits intercourse
between man and wife and the consumption of meat and wine. Thus, a voracious
person can find room to be awash in sensuality with his wife or many wives, to
be drunk with wine and stuffed with meat, and will speak as he wishes about all
disgusting things, for there is no prohibition of this in the Torah. And so he
shall be a scoundrel with the Torah's permission.
That is why after delineating the absolute prohibitions
Scripture came and commanded the general principle that we should limit
ourselves regarding that which is permitted to us… This general
commandment comes to deal with these and similar matters, after [the Torah]
detailed all of the transgressions that are entirely prohibited… This is the
manner of the Torah, to give details and to include cases similar [to the
detailed cases]. After warning about the details of laws governing commercial
transactions between people: do not steal, do not rob, do not cheat, and so on,
it says And
you shall do that which is just and good (Devarim
6:18), that one should include
in this positive commandment the just and the good, and the equitable, and all
manner of going beyond the letter of the law as his fellow would want him to,
as I shall explain when I get to its [the verse's] location, the Holy One
Blessed be He willing..(Partially based on Chavel translation).
the RaMBaN is remains consistent and when he arrives at the verse, And you shall do that which is just and
good in the eyes of God, in
order that it may be well with you, and that you may come and possess the good
land which the Lord swore to your forefathers (Devarim 6:18), he writes:
And you shall do that which is just and good
in the eyes of God – The simple understanding of the plain reading of
the text is: Observe God's commandments and his admonitions and his laws, and,
by doing them, intend to do that which is good and just in His sight alone. That
it may go well with you – a promise, saying that by your doing that which
is right in His eyes, it will go well with you, for God does well by those who
are good and straight in their hearts. Our rabbis explained this in homiletic
fashion, saying that this refers to compromise and to acting beyond the letter
of the law. The meaning is this: Initially He said that you should observe his
laws and his admonitions which He commanded; now it says that
even with regard to that which He did not command you, give
thought to do that which is good and straight in His sight, because He loves
that which is good and just.
is a very important matter, because it would have been impossible for the Torah
to mention all behavior of man with his neighbors and friends, all his
dealings, and all local and national regulations in their entirety. But, after
having mentioned many of them, such as Do not go about as a talebearer among
your countrymen, You shall not take vengeance or bear a grudge, Do
not stand upon the blood of your fellow, You shall not insult the deaf, You
shall rise before the aged, etc., the Torah establishes a general rule, decreeing
that one should do that which is good and just in all matters, e.g., compromise
and behavior beyond the letter of the law – such as the law of bar metzra[The right of pre-emption. When a field is sold, the owner of the neighboring
field has first right of purchase.] and even that which they said (Yoma
81a, paraphrased) "His personality is without blemish and his speech with others is
gentle," so that – in all matters – he will be considered a blameless and
The founders of the Religious Kibbutz Movement
viewed RaMBaN's interpretation as a proof-text for their claim that socialism
and communal living are a religious challenge. They understood the kibbutz life with its
economic and social cooperation and the equal division of common property as
constituting a broad interpretation of Scripture springing from the spirit of
the social commandments. R. Yeshayahu Shapira, known as the ADMoR HeHalutz
(the "Pioneer Rebbe") was one of the first people to formulate this
approach. As a girl growing up in the Religious Kibbutz Movement, I became
acquainted with ideas in various ideological seminars.
Yeshayahu Shapira was born to a Hassidic
family in 1891. He became a fervent Zionist in his youth and eventually became
one of the leaders of the Mizrachi movement in Poland. He encouraged the
formation of three groups of Hasidim that were to settle in the Land of Israel.
Two of these groups later founded Kfar Hassidim and the third founded Kfar
Atta. Yeshayahu Shapira moved to the Land of Israel in 1920. He was one of the
founders of the Hapoel HaMizrahi movement, and led it for several years. He
died in 1945.
His article, Ve'Asita et HaTov ve'et
Hayashar ("And you shall do that which is just
and good" – published in Yalkut Ma'amarim al Ra'ayon
Torah Va'Avoda, Jerusalem,
5691, pp. 38-43) became a
cornerstone of the early Religious Kibbutz movement:
One who wishes to observe the Torah in its entirety cannot be satisfied
with observance of the explicit laws; he must also investigate deeply after the
lofty goal implied by those laws and to strive to achieve that goal… there
are really some things that are permitted by the law and have been prohibited
only because of And you shall do
that which is just and good in the eyes of God… Now, when
we are returning to our land and wish to establish authentic Jewish life here,
it is our obligation to again set up for ourselves this goal of sanctifying
life in all its depth and breadth. We must create here a way of life that will
not only be permissible according to the law, but also in terms of You shall
be holy as well as you shall do
that which is just and good.
the kibbutz is no longer the same kibbutz, the cooperation and the equality
have changed (and I am not crying over that – to the contrary…) but the words
of the ADMuR HeHalutz are more relevant today than ever before. Israeli society
is continuously moving into a discourse of "permitted and prohibited"
and "legal and illegal." It is losing its ability to engage in a
discourse about values and society outside the courtroom's walls or beyond the
limits of halakhic rulings.
In a lesson he gave on Parashat
Kedoshim four years ago in the Yaakov Herzog Center, Prof. Avi Ravitzky took
note of the danger in this approach, and I will end this article with a quote
from his concluding remarks (see: Likrat Shabbat – Kriyot Ishiyot beParashat haShavu'a,
Yaakov Herzog Center for Jewish Studies, 5766, pp. 184-190):
Israeli society is undergoing two parallel processes, neither of which I find
the one hand, society in general is undergoing a process of
"juridification" – formal laws, rather than values, ethics, or
culture, occupy the center stage of our consciousness. Every public debate of
values is decided by the Supreme Court. The purview of those judge's rulings is
ever expanding – hakol shafit – everything can be decided in court. In
parallel to this, the religious community is undergoing an accelerated process
of "halakhazation." If, in the past, we learned that Torah includes
halakhah and aggadah, philosophy and midrash, today there seems to be an
equation Torah=halakhah, where halakhah means halakhah in which a decisive
ruling has been made. Even in those areas of life regarding which
traditional halakhah avoided making decisions and to which it did not try to
apply halakhic precedents, today we have are given definitive Da'at Torah[the authoritative opinion of Torah scholars]. As long as the general Israeli
culture included literature, culture, ethics, and law, and the religious
culture included halakhah, philosophy, aggadah, and midrash – many doorways
were open between them and they could also maintain a soft common discourse. Given
the two parallel processes mentioned above, there is only "black" and
"white" – prohibited and permitted – impure and pure. As a result,
each blade sharpens the other and the two societies collide. Therefore, I would
like to find in the RaMBaN's words a powerful statement against the
juridification of Israeli society and against the halakhazation of religious
society. Obey the halakhah and obey the law, but do not see in them the
entirety of Judaism or the complete realization of humanity.
Dr. Gili Zivan
administers the Yaakov Herzog Center for Jewish Studies in Kibbutz Ein tzurim.
When a stranger resides in
your land, you shall not wrong him.
We learned – Rabbi Eliezer HaGadol says: Why
does the Torah warn us thirty six times – some say: forty-six times – regarding[mistreatment of] the stranger? Lest you drive him back to evil ways. Why is it
written, You shall not wrong a stranger or oppress him, for you were
strangers in the land of Egypt (Shemot 23:20)? They learned –
Rabbi Natan says: Do not point out your own shortcoming [i.e., having been a
stranger yourself] in others.
A stranger resides in your
land: If he was a stranger in a foreign country where you too are a stranger,
it would only be natural to love him, for it is the custom of strangers [i.e.
aliens] to love each other (Pesahim 113), and you sympathize with his troubles in
order to avoid them yourself. But if he lives in your land, in any case
do not wrong him.
Davar Vayikra 19:33)
One is also
prohibited to wrong a stranger in the Diaspora. The expression in your land
appears in order to explicate the nature of this wrong: When you dwell in the
land, which I have given to you as a possession, you might say, "It was
given to us as an inheritance," and you will not be considerate of the
stranger who dwells among you, since he has no part or portion in it. You will
wrong him with words that humiliate and degrade him. Similarly, the expression to
wrong is always used by Scripture to speak of the action of the powerful
against the weak, those who benefit from the disadvantage of the weak.
(R. Yitzhak Shemuel Reggio's commentary on Vayikra 19:33)
And love your neighbor as
And love your
neighbor as yourself – Rabbi Akiva says: This is the great principle of
Ben Azzai says: This is the record of
Adam's line [When God created man, He made him in the likeness of God] (Bereishit
is an even greater principle.
It cannot be understood literally, since it is
well-known that "your life takes precedent over that of your friend."
Rather, the RaMBaM (Hilkhot Avel 14) explains it as
meaning "[doing for your friend] as you would wish your friend would do
for you." It is obvious that no one would expect his friend to love him as
much as he loves himself, but rather to the proper extent taking into account
good manners and how close the people are to each other – to that same degree you
must love other people. That is why it [love your neighbor…] appears
immediately after the preceding admonition [You shall not take vengeance or
bear a grudge]. Just as in the case when you wrong someone, you would not
want him to take vengeance, but you would rather have him forgive your sin, so
you should treat your neighbor as well. This is how the juxtaposition of the
passages is to be interpreted according to the RaMBaM.
I learned another explanation of their
juxtaposition from the Jerusalem Talmud (Nedarim 9:4), which states:
It is written; You shall not take vengeance or
bear a grudge against your kinsfolk. How does this work? If one cuts meat[with one hand] and accidentally cuts [the other] hand would he then cut the ["offending"] hand? And love your neighbor as yourself. Rabbi
Akiva says: This is the great principle of the Torah.
This means that one who takes vengeance
against his fellow is like someone who cuts meat. The hand holding the knife is
negligent and cuts the other hand. Could someone imagine striking the hand that
cut to avenge it? Similarly, love your neighbor as yourself follows you
shall not take vengeance. Even though one's own life and well-being take
precedence over those of one's friend, in any case it is as if the two were one
in the same person – even though it be proper for one limb to strike the other,
in any case if the damage is already done there is no point to taking vengeance
against the offending limb. Similarly, one should not take vengeance against
one's fellow who has already harmed him, since he is just like you, all of
Israel being a single soul.
MiVolozhon's Ha-Amek Davar, Vayikra 19:18).
And love your neighbor as
yourself – Not that one should love every person as he actually loves himself, for
that is impossible, and Rabbi Akiva already taught that "Your life takes
precedent over your friend's life." Rather as yourself in the sense of [your neighbor] who is like you – as in [the verse] for
you are like unto Pharaoh. So here too as well Love your neighbor who is as yourself; he is equal to
you and similar to you in that he was also created in the image of God, he is a human
being just as you are, and that includes all human beings, for they were all created in the divine image.
The Torah concluded [in the passage] everything with this commandment, just as
it began with each man shall fear his mother and father, because one who
honors the human image and considers it excellences treats himself and all
other people well.
(R. Yitzhak Shemuel Reggio
on Vayikra 18:19)
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