You may eat every clean

bird.

But these are those from

osprey…

And the stork, and the heron

and its species, and the hoopoe, and the atalef.

(Devarim 14:11, 12, 18)

Some species of bird,

such as the crow, are cruel. Some are kind, such as the stork, which treats its

fellows kindly. Some are compassionate, such as the bird called rahum;

it is named rahum after rahamim – compassion. The Sages did not

interpret this as meaning that it was compassionate towards its fellows, for it

was called rahum – with the shuruk vowel, in the pa'ul

construction. It is not called raheim, with the letter being vocalized

with the tzeirei vowel, which would imply compassion towards others.

Rather it is rahum, the letter het being vocalized with the shuruk,

meaning compassion in itself, and it refers to compassion entering the world.

That is why they said: since the rahum has arrived, compassion has come

to the world.

(MaHaRaL: Netzah Yisrael 42)

And it was on the

eighth day A midrash connects this with the verse, With a kind one, You show Yourself kind, with a sincere

man, You show Yourself sincere (Psalms 18:6)… It also says in the midrash

that the verse refers to Moses, etc. When did he become kind [literally, enter hassidut]?

When he said, show me Your glory. But earlier it is written, and

Moses hid his face! But now he was concerned with the needs of Israel,

so he prayed for Israel's sake with devotion. He is the hassid

who is not concerned with himself, like the stork which treats its fellows

kindly, as is stated, "Mine is yours and yours is yours – [that is the

policy of a] hassid." Our Rabbi Moses acted for all the

Israelites, as it is written, for today the Lord is appearing to you,

and this is as is stated in the midrash, that the Holy One, blessed be He, came

to him in hassidut, etc. – I will pass all my goodness before

you, etc., for there it is written, and I will favor when I wish to

favor, etc., as is stated, "Even if he is not decent, even if he does

not deserve it." Here this was fulfilled with the construction of the

Tabernacle, for [the verse] and the glory of the Lord was shown to you

Tabernacle was a testimony, etc. that the Holy One blessed be He had made his

peace with Israel regarding the sin of the [golden] calf.

(R. Avraham Mordekhai Alter of Gur, Imrei Emet,

5669)

You shall surely provide

him – How Does One

Provide to a Servant?

Itay Marienberg-Milikovski

Our parasha is one of the three parshiyot of the Torah which

deal with the laws of servitude (Shemot 21:1-11; Vayikra 25: 39-55; Devarim 15: 12-18).

The contradictions between these three passages are quite apparent and many

pens have been worn down in attempts to harmonize them. Here we shall relate to

a single detail which appears in our parasha alone.

If your brother, a Hebrew man or a Hebrew woman, is sold

send him forth free from you. And when

you shall do (Devarim

15:12-18)

The obligation to supply the servant with provisions upon the

completion of his period of servitude is one of the prominent innovations of

the laws of servitude in the book of Devarim; it jibes well with the moral

direction of the book in this passage and in all passages treating the

relationship of the strong to the weak in society. The uniqueness of these laws

of servitude to our parasha does not weaken their force; it seems that the

differences between the three different versions of the laws of servitude,

which our generation experiences as a spiritual and religious challenge that we

must work to overcome, actually served the Sages by creating the ground for a

wider synthesis. Amazingly – or perhaps not so surprisingly – the

contradictions between the various passages lay the foundations for a more

complex formulation of religious law. For instance, the Sages take pains to

emphasize that the obligation to supply provisions – which is only mentioned in

Devarim – is not limited to the type of servitude mentioned in the passage,

rather it applies equally to types of servitude mentioned in other passages:

"Could it be that only one who is freed after six years is given supplies?

From where do we learn that it is also owed to one who is freed on the Jubilee

year, or upon the master's death, or to a Hebrew female servant freed upon her

displaying signs of sexual maturation? It is learned from [the three

expressions of freeing] you shall send, when you send, and

when you send (Sifrei

Devarim 119).

The discussions regarding the commandment to supply

provisions usually move along a tense continuum between "charity" and

"wages." The double system of provisions mentioned in our parasha may

already allude to this tension: one the one hand, provisions are given in

commemoration of the slavery in Egypt, while on the other hand it involves

proper recompense for the servant's work. This dichotomy becomes increasingly

evident in the statements of the Tana'im, Amora'im, Rishonim, and Aharonim.

While vacillation between the two extremes allows for the delineation of the

commandment (be it described as an act of charity or as an obligation), it does

not fully express the range of the commandment's latent possibilities. There

are many ways to pay a wage and many ways to give charity. Both of these

economic relations can humiliate or respect the receiver.

I wish to claim that our parasha invites exegesis that

clarifies not only what must be given to the freed servant, but also the

psychological and social conditions in which the giving is to take place. First

of all, let us pay attention to the list of items changing hands: You shall

vat, you shall give him from what the Lord, your God, has blessed you. The master is not required to give the servant money nor is

he told to give him the product of the threshing-floor or the wine vat. Rather,

he must share the means of production with the servant. He does not

merely provide the servant with supplies that will allow him to make do for

some period of time; he does not merely provide the foundations for the

servant's new start and economic independence. Rather, his act of giving also

does something towards blurring the boundary between master and servant.

Control of the means of production is no longer a capitalist monopoly – it has

also spread to the working class. It is also interesting to note in this

context that the word master – adon – is completely absent from our

parasha. Furthermore, while the term eved – "servant" or

"slave" – is used in reference to the historical Egyptian enslavement

and to the permanent servitude of one who chooses not to go free after six

years, in any event it is not used in connection with "normative"

servitude. Secondly, if we pay close attention to the servant's explanation of

why he does not want to go free, we discover a difference between it and what

the servant says in Shemot. In Shemot the servant relates to that book's

special legal provisions (the woman and her children will belong to the

master and he shall leave alone, verse 4) and states that his family ties

require him to remain in his master's house – and if the servant says,

"I love my master, my wife and my children, I shall not go free

(Shemot 21:5)

– and the sensitive reader will question the nature of the servant's love for

his master. In our parasha the law regarding the servant's wife has changed,

and the authenticity of his positive relationship with his master comes to the

fore: And it will be, if he says to you, "I will not leave you," because

he loves you and your household, for it is good for him with you (Devarim 15:16).

Perhaps even the mention of the Exodus from Egypt functions here in a similar

strain. Let us remember the gold and silver vessels and the garments that the

Egyptian masters gave their Israelite servants out of neighborliness [re'ut]

– if only a momentary neighborliness – as was suggested

by the Sages in Sifrei Devarim 120: "Just as in Egypt I provided for

you… so too you shall provide for him. Just as in Egypt I gave to you

generously, so too you shall give to him generously."

Thirdly, let us be

sensitive to the formulation, And when you send him

forth free from you, you shall not send him forth empty-handed

(Devarim 15:13). The word reikam –

"empty-handed" – serves here as an adverb specifying a fundamental

and essential characteristic of the act of freeing the servant, one that is

indispensable and cannot be seen as an unimportant detail. However the servant

is sent off, he must not be sent off "empty-handed." The Midrash Rut

Rabbah reminds us "The word reikam is used in reference to

Egypt – and when you shall leave, you shall not leave empty-handed (Shemot 3:21). Reikam also appears in

reference to the Hebrew servant – And when you

send him forth free from you, you shall not send him forth empty-handed (Devarim 15:13). Reikam

is also used in reference to festival pilgrims – and the shall

not see My face empty-handed." We have already commented on the

connection to the Exodus from Egypt. What can be learned from the connection

between the passage regarding the Hebrew servant and the passage regarding the

pilgrimage? When commanding three pilgrimages each year the Torah emphasizes

the obligation of the pilgrims/servants to bring something with them when they come

to see the face of their God and master. This may be a sacrifice, the

redemption offering for a first-born donkey, and so on. In this context, the

Torah uses the same expression found in the passage describing the master

giving provisions to his servant. This time there is no blurring of the

distinction between servant and master; rather, it the whole hierarchy is

overturned. We see from the pilgrimage laws that it is the servant who must

make offerings to his God/master. That means that when the human master gives

provisions to his freed servant, he is actually playing the servant's part.

This comparison offers

an additional message. The giving is not a goal in itself, but rather a

encounter. The mere transfer of property is not the whole story. The

prophet Isaiah (1:11-12) already warned

us of this in his profound criticism of Israel; Of

and sheep and hegoats I do not want. Of

come to appear before Me, who requested this of you, to trample My courts?

When material goods

take center stage, interpersonal relations become objectified; they may – God

forbid – deteriorate to the stage where they are measured solely in economic

terms of gift-giving. In such circumstances the road is short to inauthentic

giving where it becomes an almost open declaration of the lordship of the more

powerful party who glories in his generosity. In contrast, when giving is

simply a means and a symbol, inter-human relations take on an entirely

different hue, as is witnessed by a further instance of the term reikam

– its appearance in the scene where Boaz sends Ruth from the threshing-floor: And she came to her mother-in-law, and she said, "Who

are you, my daughter?" And she told her all that the man had done to her.

And she said, "He gave me these six

mother-in-law." And she said,

man will not rest until he has resolved the matter today" (Ruth 3:16-18).

Sometimes six barleys are enough to forge a bond of solidarity. According to

the interpretation being offered here, the Torah is not only telling the master

to provide his servant with sheep, threshing-floor, and wine-vat. It is also

demanding that he see the servant's face – that very face whose

distinguishing features may have become invisible to him during the course of

six years of back-breaking and soul-breaking class subordination.

As these words are being written it appears that Israeli

society, through the agency of its Knesset representatives, is moving farther and

farther away from the humanist direction that finds repeated expression in

the book of Devarim. The new Immigration Authority's actions against refugees,

asylum seekers, and foreign workers – not to say foreign "slaves" –

as well as the "infiltrators" law prohibiting aid to refugees that is

up for discussion by the cabinet, all cast their shadow over the possible

realization of the values found in our parasha. Instead of promoting

responsibility and a stance of sensitivity, as the book of Devarim would teach

us, the law has become a value in itself within a violent and aggressive

political discourse. In these days in particular we must go back to proclaim

the ancient message that has become thread-bare with repetition: and

remember that you were a slave in the land of Egypt. If only we would

remove the mask of lordship from ourselves to finally see the face of the

other!

Itay Marienberg-Milikovski is married and

father to a son. He studied and taught at Yeshivat HaKibbutz HaDati Ein

Tzurim. Today he teaches at Kehillat Yedidya's evening beit midrash in

Jerusalem and organizes its activities. He is pursuing an MA in Hebrew

literature at the Ben Gurion University of the Negev, and is a member of the

editorial board of the Hazmana LePiyut website.

The Saintly Man and the Man who Curbs his Passions: Who is

Better?

Philosophers unanimously agree that the latter [the

saintly man] is superior to, and more perfect than, the one who has to

curb his passions, although they add that it is possible for such a one to equal

the saintly man in many regards. In general, however, he must necessarily be

ranked lower in the scale of virtue, because there lurks within him the desire

to do evil, and, though he does not do it, yet because his inclinations are all

in that direction, it denotes the presence of an immoral psychic disposition…

When, however, we consult the Rabbis on this subject, it would seem that they

consider him who desires iniquity, and craves for it (but does not do

it), more praiseworthy and perfect than the one who feels no torment at

refraining from evil… At first blush, by a superficial comparison of the

sayings of the philosophers and the Rabbis, one might be inclined to say that

they contradict one another. Such, however, is not the case. Both are correct

and, moreover, are not in disagreement in the least, as the evils which the

philosophers term such and of which they say that he who has no longing for

them is more to be praised than he who desires them but conquers his passion

are things which all people commonly agree are evils, such as the

shedding of blood, theft, robbery, fraud, injury to one who has done no harm,

ingratitude, contempt for parents, and the like. The prescriptions against

these are called commandments, about which the Rabbis said, "If they had

not already been written in the Torah, it would be proper to add them"…

There is no doubt that a soul which has the desire for, and lusts after, the

above-mentioned misdeeds, is imperfect… When, however, the Rabbis maintain that

he who overcomes his desire has more merit and a greater reward (than he who

has no temptation), they say so only in reference to laws that are ceremonial

prohibitions. This is quite true, since, were it not for the Torah, they

would not at all be considered transgressions.

(RaMBaM Eight Chapters,

chapter 6, based on Gorfinkle translation)

The Holy One,

Blessed Be He, Wants Life, and Is Not Interested In Human Sacrifice

Neither add to it

– because you are liable to add something which He abominates. Such would

be the case were you to desire to adopt additional forms of worship of the

Blessed God, for sometimes the additional forms of worship may be abominable to

him, such as the burning of children.

(Seforno, Devarim ibid., ibid.)

It is written: Neither

add to it nor take away from it. Immediately preceding and adjacent to that

we read they even offer up their sons and daughters in fire to their gods. But

regarding commandments in general, the Holy One, Blessed Be He, did not warn

against adding such laws as serve to create barriers and restrictions for the

protection of the Torah.

(Hizkuni, Devarim 4:2)

It is not sufficient

that you avoid worshipping their gods in these ways; it will be a transgression

if these forms of worship be directed to the one God, your Lord. For the

significance of worship of their gods is the complete opposite of what is

desirable to your God, just as the way of your God is the total negation of

their gods. Your God is the God of Life; their gods are gods of death. Their

gods of nonsense take pleasure in destruction; the desire of your God is

self-elevation and renewal of life.

(Rabbi S. R. Hirsch, ad loc.)

The place chosen by the Lord

(Devarim 12:11)

Today, after more than 3000 years, when we

come across the words Unto the place which the Lord shall chose, almost

unthinkingly and directly, our consciousness immediately points to – Jerusalem.

And not just the city, but the Temple Mount in Jerusalem, as the

chosen place of which the Torah speaks. But this must be known and publicized:

in the Book of Devarim, as in the entire Torah, there is no hint that Jerusalem

is the place destined to be that chosen place, or perhaps it was selected to be

the place which God will chose; we know, as historic fact, that Jerusalem

became the chosen and special place only about five hundred years after

receiving the Torah, when King David captured this Jebusite city… Similarly,

neither in the Book of Joshua, in which there is first mention of Israel's

battle against the King of Jerusalem, nor even in the Book of Judges, which

tells of the capture of Jerusalem by the Tribe of Judah, a conquest which, it

seems, did not last for generations, is there a single hint that Jerusalem was

set aside from all other places in the land for the purpose of serving the

Lord. All these facts indicate that although from the beginning the Torah

commanded that a particular site be chosen for the Holy Service, the Torah

leaves it up to history to determine its location.

(Y. Leibowitz:

Sheva Shanim shel Sihot al Parashat HaShavua, p. 825)

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