Chapter: 1
Mishna: 1
Moshe Kibayle Torah MSinai.........
MOSHE RECEIVED (kibayle) TORAH FROM SINAI AND TRANSMITTED IT (umsa-ra) TO
JOSHUA, AND JOSHUA TO THE ELDERS, AND THE ELDERS TO THE PROPHETS, AND THE PROPHETS
TRANSMITTED IT TO THE MEN OF THE GREAT ASSEMBLY.
A. The beginning of the first Mishna begs for some understanding. If the purpose of the
statement above is to tell us the location it should have said AT or ON
Sinai, a very definable place. Why the use of the word from?
We are not interested in *location* here; our concern is a realtionship, which the word
from connotes. We are emphasizing the *source* from whence these ethics
derive. They are G-d given; they stem from the same source as all the other religious
laws. They have the same validity as the laws of Shabbos, Kashrus, Family Purity (Taharas
Hamishpa-cha) because they were given to Moshe by G-d on Sinai. This is fundamental!
True, the human mind is rational and one can argue that even if we were not given the
ethical laws on Sinai, a decent human being would perforce observe them nontheless. Who
could justify killing? Who could justify stealing, cheating? Who cannot see the
morality of honoring father and mother or helping the poor? Its
axiomatic!
We offer two responses:
1. The Torah view is that even what we accept axiomatically as good and
evil is something that Hashem implanted in us. This idea is expressed in the
Midrash (Brayshis Rabbah 2:5)
Rebbe Abavhu said: At the beginning of the worlds creation, The Holy One, Blessed
be He, gazed at the deeds of the reighteous and at the deeds of the wicked. ...The world
was tohu vvaohu (Brayshis 1:3) refers to the deeds of the wicked.
"and G-d said Let there be light" refers to the deeds of the righteous. But
still I would not know which of them He desires....the deeds of these of the deeds of
those. However, once Torah writes..."And G-d saw the light that it was Good (Brayshis
1:4)...it is the deeds of the righteous that He desires and He does not desire the deeds
of the wicked.
2. Who could justify killing?!? Look at the holocaust.
It happened. A society created a new morality where genocide became
acceptable, where selection based on racial qualities was the ideal, and where dishonhor
to parents, by spying and reporting on them to authorities became the norm. Look at the
Socratian concept of Justice is in the interest of the stronger and
Hobbes dog eat dog pessimism about human nature, and you question how
inviolate some of our basic concepts of good and evil are.
The Mishna establishes that ethics are from Sinai, and are absolute. Man has no
authority to tamper with it lest he destroy himself and the world.
The messages and the codes of conduct what will be henceforth taught are not arbitrary,
man-made rationalizations.
B. As a corollary, having acknowledged G-ds authorship of Ethics, it follows that
Fear of Heaven must precede the study of Torah. Later in the Mishna we learn that...he
whose fear of Heaven and fear of sin precedes his study of Torah...his Torah will be
sustained. But he whose study of Torah is not predicated on fear of Heaven, his Torah will
dissipate.
There are teachers of ethics in the universities whose lives have double
standards.....one in the classroom and the other on the outside......both in oppostition.
One who is truly enveloped by Torah is a whole personality and his life by example as well
as precept is the message.
C. There is an interchange of terms in the Mishna. It speaks of Moshe *receiving* and
then *transmitting* to Joshua, to the elders, the prophets, etc.
Why the change in format? It could have stated either that each one *received* or each
generation *transmitted*.
1. The message here is that the Torah that Moshe received from Hashem, by its very
nature of having been given by G-d, is infinite in quantity and depth. No human can fathom
its intensity. Notwithstanding what Hashem was prepared to transmit to Moshe, Moshe could
only receive what he, as a human, was capable of receiving.
Having received the Torah from Hashem, Moshe could then transmit it to the next
generation, ad infinitum.
The Torah recognizes the finiteness of man and suggests that the *understanding* of
Torah is something that each individual will attain in different measure according to his
capacity. The *fulfillment* of the Mitzvohs of the Torah, however, are independent of a
complete understanding of their infinite nature and value. Can a finite mind comprehend
the infinite wisdom?
2. The term kibayl, received suggests something which he
earned. Indeed, this is hinted at by the use of this word. There is a famous Midrash which
describes Moshes ascent onto Mt sinai, and engaging in a debate with the angels
about Hashems granting the Torah to Israel. The angels argued before G-d: Who is Man
that you find him worthy to receive such a Divine document? How can You give such a Go-dly
document to flesh and blood?
Moshe parried their argument:....Do you have need of a Torah? You are angels; by
definition, you have no desires, no lusts no avirices. What would you do with the commands
Do not steal, Do not murder, Do not commit adultery?
YOU dont need Torah!......The function of Torah is to purify man and to elevate him out of
the flesh and blood mentality. The function of Torah is to show man that his soul is a
part of Hashem, and to strive for communion with Hashem... by living in an ethical and G-d
fearing way.
Moshe won! He *received* the Torah.
(Question: What was the presumption of the angels in claiming the Torah for themselves?
They knew its contents could never apply to them)
D. Moshe received Torah from Sinai. The chronology of that event is as follows:
After having heard the Asseres Hadibros, the Ten
Commandments from Sinai, Moshe ascended onto the mountain and remained there for 40
days and nights. The Torah describes that he ate no bread nor drank no water.
WHAT DID MOSHE DO ON SINAI FOR 40 DAYS AND NIGHTS ? ? ?
He received the Torah on Sinai. Now this cant be the Written Torah, as we know it
as the Five Books of Moses, since we know that some mitzvos, like Shabbos, were given
prior to Sinai, and most were recorded after the event at Sinai. There is a debate in the
Talmud as to whether the Torah was written all at one time by Moshe, or section by section
throughout the 40 year trek through the desert.
But one thing is certain that the text of the Written Law was not given on Sinai, with
the exception of the Ten Commandments, which were oral and which were then given to Moshe
engraved by Hashem in stone. So, the question: What was given to Moshe on Sinai during
those 40 days?
Moshe received the Oral Law on Sinai. The Oral Law is the basis for the Written Law.
Without the Oral Law, the Written Law, that what we all see in the Hold Ark in the
synagogue, is meaningless. The Written Law is merely a set of cryptic notes, symbols,
shorthand abreviations for a more expansive, fundamental and complete sytem of a blueprint
for the world and life.
Let me illustrate. The basis for our liberty in these United States is the
Constitution. Can a short concise document like the Constitution contain all the laws that
cover every facet of a nations life? It is absurd to think so. It is a compendium of
all the values upon which our freedoms and rights are built. It abstracts the values of
the Torah, the Magna Carta, and the vision of our founding Fathers. It is a blueprint
which guides the designers and the builders of the nation in each generation.
In effect, then, the Written Torah is an abstract of a fuller expanded gift that Hashem
gave Israel, the Torah shbal Peh, the Oral Law. The Oral Law is the
underpinnings of the Written Law and by its very nature of being a Weltanschaung, it could
not be frozen in stone or parchment.
The Written Law can understood ONLY in conjunction with the Oral Law.
The Torah says:
Vza-vach-ta ka-ahser
tsee-vee-see-cha
You shall slaughter <the animal> as I commanded you.
Nowhere in the Torah do we find G-d commanding Moshe about the laws of Schita
(slaughter).
The Torah says:
Hachodesh Ha-zeh La-chem rosh cha-da-shim
This month (Nissan) is the head of all the months
When G-d uses the term zeh, this....which is a demonstrative word, what
does he refer to? How did Moshe know the basis for the calculation of the month? What
determined it? It is nowhere written in the Torah.
The Torah says:
Ayin ta-chas ayin. Shayne ta-chas shayne
An eye for an eye. a tooth for a tooth
Torah Law at ALL TIMES meant that as monetary compensation; _never_ literally.
Where can see find that in the written Torah? Its not there.
The Torah says:
Seven days shall you dwell in a succah
Where is the source of how to build the succah, its height, its size, the
acceptable materials that may be used and the definition of the essential parts of the
succah? The Written Torah is silent on all this, and yet every Jew knows what a succah
should look like.
The Torah says:
And you shall take for yourselves the fruit of a beautiful tree"
What fruit does the Torah mean? Where is there any reference in the Torah to the
citron, the Esrog? There is none, and yet Jews the world over know what an esrog is!
It is the Torah shbal Peh, the Oral Torah that supplies the details. These
are but a few examples of why, without the Oral Law, the Written Torah has no meaning.
Moshe spent those 40 days and nights receiving the Oral Law, in its entirety, with all
the details and nuances, so that in future generations, should there be an outstanding
scholar who might extrapolate and infer from what he has received by the Messorah, (the
transmission of the Torah), .....that, too, was what Moshe learned on Sinai from G-d.
<<THEY (the men of the Great Assembly) SAID THREE THINGS:
1. BE DELIBERATE IN JUDGEMENT
2. ESTABLISH MANY STUDENTS
3. AND MAKE A BOUNDARY AROUND THE TORAH>>
<<They (men of the Great Assembly) said three things>>
<<1. Be deliberate in Judgement>>
<<2. Establish many students>>
<<3. And make a boundary around the Torah>>
The Anshei Knesses HaGdolah (men of the Great Assembly) was formed at the
beginning of the restoration of the Second Commonwealth in Judea. c.517 BCE. With the
return of the poor classes of exiles from Babylonia (only 42,000 made aliya with
Zerubavel), and the rebuilding of the second Temple, Ezra, the Scribe convened an Assembly
composed of Prophets, such as Chaggai and Zacharia, scholars, such as Mordecai (of Purim
fame) and other leaders of the community.
The function of the Assembly was to reconstruct a viable Jewish society, reestablish
the Jewish community and rejuvinate the observance of Torah Law among the inhabitants.
Because nature abhors a vaacum, the small Jewish community that had continued to survive
in Judea even after the exile by Nebuchadnezzar, was innundated by foreign immigrants who
began living in the desolate land. Their influences intermingled with what remained of
Torah Judaism in Judea....and the strange admixture resulted in a hybrid form of society.
The foreigners adopted Jewish practices and customs, intermingled and then intermarried
with the surviving Jewish community....all in a span of 70 years. (Sounds something like
what happened to our brotheres and sisters in Russia from 1917 to to 1987!)
Ezra returned to Judea from Babylonia (Iraq). He was both a Kohen and a learned Scribe.
What he found appalled him. A Jewish society could not exist in a hybrid state. His
function was to discern who was geneologically Jewish and who was not. It was not an
exercise in chauvanism; it was a national imperitive.
The Temple was being rebuilt and he had to know who could enter and offer sacrifices.
While a non-Jew could always send his offering he could not participate in it. (He would,
of course receive the same expiation of his sins, nontheless). It was neccesary to
determine who was obligated to perform Mitzvohs. In order to preserve a heritage everyone
was asked to present their sefer yuchsin geneology chart, whereby they could
trace their descent.
As a result The Great Assembly enacted certain Takanos (legislation). Under the threat
of expulsion from the Jewish community, Jewish men and women divorced their respective
spouses. The Assembly collected and arranged the makings of our Siddur. They legislated
that the Torah reading, which was until now, performed on Shabbos morning, as per
Moses instruction, was now to be read on Shabbos afternoon (at the Mincha service,
Monday and Thursday mornings. These were the market days when outlying farmers would bring
their produce to town for marketing, and would have an opportunity to hear the words of
the Torah.
They undertook to reconstruct the sources of parts of the Halacha of the Torah, that
were forgotten or fell into disuse due to the difficult political times. Their gargantuan
challenge was undertaken, using the Hermenutical principles of interpretation which Moshe
had been given by G-d, on Sinai.
What is significant about these three statements that they are recorded here of all the
proceedings of the Anshei Knessess Hagadola (Great Assembly)?
<<1. Be Deliberate in Judgement >>
1. Admonition regarding the *appointment* of judges.
Having established that the Law was received from Hashem and transmitted to the nation
at large, the first duty of the Jewish society was to establish a system for dispensing
the Law, through the the courts and judges. Society can exist only if true justice
administered by learned and honest judges will prevail.
So here, the Mishna addresses the first need of society and admonishes the authorities
who appoint the judges. Be very deliberate, careful, in the selection of your judges
because should you select improper judges you can destroy your society. In Chapter 5 of
Avos, Mishna 9 the Mishna reads: The sword comes upon the world for delaying justice
and for perverting justice.
How true this rings! Consider the revolutions that erupted because justice was delayed,
because the people felt that their legitimate needs and demands were ignored, and because
of the perversions and corruptions of men in power.
2. Admonition to the judges themselves.
The judge has the power over the life and fortunes of members of society. He bears a
heavy responsibility in determining that no one is unjustly deprived of his rights and
property. Therefore he is admonished to examine everything slowly, deliberately and
involve all the factors before he arrives at a decision. He bears an awesome burden, so
that the Torah likens him to G-d, as a judge. With regards to the judges, the Torah states
in Exodus 22:8 Before Elo-kim shall come the matter of the two (litigants) and
that refers to the judges.
The Torah admonishes the judge to approach his authority with awe and to imagine as if
a sword were upon his throat.
The Gemora in Bava Basra states that whoever determines a judgment to its ultimate
truth, becomes a partner in creation with G-d. What does ultimate truth mean?
Tosefos on location explains that a judge may see the merits in an argument of a litigant,
but feel intuitively that the man is a liar. On the surface the inexperienced arbiter
might feel that he must decide in that mans favor, but the true discerner of human
nature, and the one who can perceive thru the facade and pursues the matter to its
ultimate end will determine correctly.
There is a concept in halacha which is called Shuda, ddayana. This
refers to the right of a judge to ignore certain arguments and to decide on the basis of
deeper understanding of the situation at hand. Of course, it is needless to say, that the
judges must be of the highest caliber of person, learned, G-d fearing, and with a thirst
for truth.
3. Admonition to the judge and to the litigant to defer seeking judgment in favor of
compromise
The Torah in Deuteronomy 6:18 states: "You shall do the straight and the good in
the eyes of Hashem".... Rashi quotes our Rabbis and says the straight and the
good refers to PSHARA...compromise, beyond the literal law.
This admonition applies to both the judge and the litigants. Pshara is primary!
It is primary because it ends is shalom, peace. Pshara is evolved by the _consent_
of both parties; no one has compelled them to do so, but they themselves have chosen to
settle their differences by compromise, rather than by a decision imposed from the
outside. No one litigant receives all he wants, but neither does he lose everything.
Because the litigants agree to accept a compromise, they walk out of the court in a
mood of peace and accomodation, rather than strife and emnity as a result of a court
decision.
Law, should be the last resort. The Torah frowns upon those who have to resort to the
ultimate. The Talmud relates that Jerusalem was destroyed because its inhabitants judged
by the law of the Torah. The listeners were astounded and questioned: By what other law
should they have judged? The Gemora then qualifies its statement and says: Jerusalem was
destroyed because its inhabitants judged only by [the letter of] the law of the Torah.
When you stand on the letter of the law, its a reflection on how bad human
relationships have deteriorated.
4. Admonition to the litigants
The Mishna advises the litigants. When you present your case be very slow in rushing to
the courts. Prepare your arguments well, have them clearly arranged in your mind
....because once you have stated your case you cannot retract your arguments (with
specific exceptions) and you have to live with it.
Speak slowly, softly, and not abusively. Divrei chachamim bnachas
nishma-im. The words of scholars are accepted when spoken in calmness.
<< 2. Establish many students. >>
Why was this important?
1. The insurers of the continuity of Torah understood that only with widespread
dissemination of Torah will it be preserved. An educated nation will continue to live. The
more students, the stronger the body and the stronger the communal committment.
2. Since Torah was both Written anmd Oral, its wide dissemination and its constant
study would provide an insurance against errors in its transmission. While it is possible
for one or two people to forget or err...when matched with a multitude who study, it is
easily discerned what is a valid text or oral transmission and what is incorrect.
3. The statement has another meaning also.
The text reads: vhemidu ..and ESTABLISH many students.
It does not say Limdu ...TEACH many students.
We are dealing here with a situation analanogous to the "grants" system in
our universities. The Mishna says:
SUPPORT students so they can study! True scholarship demands committment of time almost
to the exclusion of anything else. We would not have reknowned scientists and
mathematicians if they did devote their lives to the theory and practice of their
respective disciplines.......nor would we have Torah scholarship if men did not devote
their lives to the study of Torah! There is no difference.
The Mitzvah of Talmud Torah is unversal for all Jews, but how much time can a Jew who
is a realtor or a pharmacist or a storekeeper devote, even on a fixed regular basis? Deep
scholarship is exclusive....but it requires the financial support of the community, for
its own interest, to allow its Doctoral graduate students to learn and
bring their guidance and teachings to the Jewish community.
This is what is meant by ESTABLISH many students.
<< 3. AND MAKE A
BOUNDARY AROUND THE TORAH>>
On what source did our Teachers base
the concept of "a fence" around the Torah? What was its purpose?
1. The authority was given to the Torah scholars to erect boundaries or fences around
the Torah and is derived from Vayikra 18:30 (Leviticus) ...Ushmartem es
mishmarti....."And you [plural form] shall observe my observances, so that you
not do any of the abominable practices that were done before you, so that you do not
become defiled by them. I am the Lord your G-d"
Rashi quickly references that directive to the Beis Din; that is, it is the duty, and
power is granted to it to create a mishmeres, an observance to
guard My (G-ds) observances (the Torah). The rationale is this: The
command of G-d in his mitzvos is supreme and abrogation of them carries with it severe
penalties. The Beis Din then is empowered to create legislation that will prevent
situations conducive to transgressing the laws of the Torah.
While the Torah issues the directive to the Beis Din, it also cites examples within the
Torah law itself.
2. Vayikra 18:19 - the Torah states: ...To a woman in her unclean state of
Niddah, do not approach... Its intent is not to engage in sexual relations.
.... Would he then be permitted to embrace her or kiss her? ....asks the Sifra....to which
it responds....No! the use of the word in the text...Sikrav =
approach broadens the restriction even to touching and kissing to avoid a
person being put into a situation where he can easily fall victim to loss of control.
Thats where the Torah itself indicates the use of a fence.
3. Acts on the part of our patriarchs as related in the Torah also served as models for
the use of fences. As Israel approached Sinai at the beginning of the month of
Nissan, G-d instructed Moses to direct the nation to prepare for today and
tomorrow for the historical event. Moses directed them to prepare and to purify
themselves for three days, allowing one extra day to become Tahor
clean, lest they still be Tamay (defiled), before the granting of the Torahs at Sinai.
4. Genesis 2:17 - G-d commands Adam not to eat from the Tree of Knowledge.
However, Eve replies to the Serpent (Genesis 3:3) that Hashem commanded us
"dont eat from it and do not touch it". It is the
Meiris contention that Adam conveyed that message to Eve in order to construct
a fence around G-ds command.
The Avos drav Nassan cites a plethora of examples illustrating this very concept.
5. Vayikra 18:19, quoted in paragraph #1, is also the source for fences
constructed by our Rabbis. Review Chapter 18, verses 6-30 and you will see a list of
forbidden sexual relationships that are commanded by the Torah. A new category of
"shneeos laraayos", derivative prohibited sexual contacts, was added
by our Torah scholars, as gezayros, fences. (When the term sexual
contact is used here, we mean through proper marriage)
As an example of a fence is, ones paternal grandfathers wife.
The Torah prohibited the wife of ones father, but not the wife of the grandfather.
By engaging in the permitted sexual contact with the latter, one might learn to infer that
sexual contact with ones fathers wife is also permitted. This the Rabbis
sought to disabuse, and they constructed this list of "sneeos
larayos". A detailed list can be found in the Rambam. Laws of Prohibited Sexual
contacts chapter 2.
How far could the Rabbis extend that fence?
This question is a sore spot with many who are unfamiliar with the Torah system, and is
used as a wedge against Rabbinical authority. Our Torah scholars did not create
arbitrary gezayros and takanos. Every enactment of theirs had to have a rhyme and reason,
and they were constrained by the command of the Torah in the verse quoted in Paragraph 1.
...."and you shall observe My observances" ...which empowers the authorities to
enact laws observances to protect G-Ds laws (observances).
The Torah directs that he power of the Rabbis is limited to only one derived
observance....no more than that. Anything beyond that is invalid and void. It is patently
false that the rabbis have added fence upon fence over the millennia to make
the law more stringent. This has been the false argument of those who desired to detract
from the Torah. Nothing could be further from the truth.
The Talmud is replete with instances of challenging a law made by rabbinical decision
with the statement.."How can you do this? It is a second "fence" around a
first "fence". and we have a principle that you cannot erect a fence around a
fence! Refer to Mesecches Baytza 2:2 and Rashi on loci.
It is important to recognize, that this was not an exercise in ego; it had its
foundation in halacha. Torah scholarship required that we know whether a law was of Divine
origin or rabbinic origin because the observance of a law of Torah and its respective
penalties for transgression were more stringent than that of a rabbinic law. If it were a
rabbinic law, there may be certain conditions that the law may be breached or not applied.
Torah is a way of life, not a course of study, and Jewish conduct is guided by what the
halacha is.
To whom was 'Make A Fence' directed?
1. Avos Rrav Nosson states that just as G-d made a "fence", guarded his
Words, (as in Par. #2) so should every person guard their words. Whatever he utters should
not be a burden upon his listeners. It should be said in a timely and in a measured
fashion, in the right place and under the right conditions. Otherwise it will not be
accepted.
2. This applies to ones conduct, as well. The Rambam in Hilchos Dayos advises
that if an individual finds a blemish in his character or actions he should strive to
correct it in this fashion. He should go to the opposite extreme and, knowing that this
may not be in his nature, he will eventually work towards the middle.
For example, if he is hot tempered, he should consciously refrain from any reaction,
even to the point of pain, when he is angered. He will eventually habituate himself to a
modicum of self control which, will then become second nature to him. Life is filled with
many examples of this.
Chapter 1
Mishna 2
SHIMON HATZADIK (Simon the Just), WHO WAS OF THE LAST OF THE GREAT ASSEMBLY...WOULD
SAY: ON THREE THINGS DOES THE UNIVERSE 'STAND'....ON TORAH....ON SERVICE....AND ON ACTS OF
KINDNESS.
Shimon Hatzadik was the High Priest during the period of the second Temple, and was a
contemparary of Alexander the Great in the 3rd century BCE. The Talmud relates the
dramatic scene of the meeting of the two at the gates of Jerusalem, where Alexander
descended from his horse and bowed to Shimon Hatzadik.
He explained his action in the following manner. Before embarking on his mission to
conguer the Persian empire to avange the death of his father, Philip, an image of a white
robed man appeared to him in a dream, directing him to proceed, and he would be
successful.
With all his successes, he now was ready to conquer Israel. The scholars of the period
decided it was best to make peace with Alexander and pay him homage, and accordingly they
proceeded to meet him in the night at his camp outside the walls of Jerusalem. The High
Priest Shimon adorned himself in the white Priestly attire and with a line of lighted
torches, led the procession out. Upon seeing this stately man Alexander recognized him as
the man in his dream...and felt the his success was due to the Priest's directive.
Alexnder was welcomed into Jerusalem and accorded the honor of having every Jewish
child born that year to be named after him, Alexander. Alexander was a wise and judicious
ruler. As a student of Aristotle, he appreciated scholarship and accorded his new
conquest, Judea, complete freedom of worship and the freedom to live in accordance with
the Torah. Only an annual tribute was the requirement.
>>THE UNIVERSE STANDS ON TORAH<<
In Mishna 18 of this Chapter 1, Rabbon Gamliel restates this propostion in the
following way: "On three things does the universe EXIST..on truth and on law and on
peace" There is a difference between STANDS, and EXISTS. STANDS implies a foundation
upon which the structure rests. Without it, it falls and there is no structure. Exists
implies that it is already standing but it requires certain qualities for it to continue
its proper functioning.
You can't have a building stand if it violates every rule of an architect's plan and
sound engineering design, and you can't have a building function properly if it lacks
heat, water, sewer and electric power. It may function for a while on momentum, but then
it stops.
The Midrash tells us that the Torah was created by Hashem 2000 years before the
universe was and that G-d looked into the Torah and created the universe. The significance
of this statement lies in the fact that the Torah served as an architect's plan to
determine on what principle the world would stand.
What are those principles?
Nachmanides, at the outset of the Book of Bereshis (Genesis) observes that the purpose
of the entire first book of the Torah is to reveal to us the principles upon which the
world is founded. It reveals that when there is murder (as in the case of Cain and Abel)
there is punishment. When there is thievery, dishonesty, injustice... the world is
detroyed (as in the flood) and so is everything that serves man and which was created for
man. When a people pervert their ways for cruelty, as in the case of Sodom and Amora, they
destroy their lives and society. And when a nation or society practices abominations like
the Canaaites did with human sacrifices, orgies, defilement, they are destroyed. And when
Israel fails to heed and follow those principles which G-d bequeathed them through the
Torah, and fell into the ways of its neighbors...they suffered the penalty of exile!
Today we are all familiar with the physical ecology of the world. We know that much of
our acts destroy the world and ourselves. We see how we deplete the ozone and how DDT
setroys our lives. There is also a moral ecology, and the function of Torah is to
emphasize that we also destory the world when we undermine the basic foundations of its
structure.
So the world stands on Torah!
>>ON SERVICE......<<
Service, or AVODA, usually refers to the offerings, the karbanos, that a person makes
to G-d. It didn't originate with Jews; we find that both Cain and Abel, Noah and others,
prior to the formation of a Jewish nation, made their offerings to G-d. Torah refined it
for the Jew. It defined what the function and meaning of each sacrifice served. It
included grain and fowl offerings as well as animal offerings, which had to be accompanied
by a form of 'vidu'ee, confession and acknowledgement.
With the destruction of the Temple in Jerusalem, this form of offering ceased. The
Torah specifically limited these offerings to the Temple, and nowhere else. In its place a
different type of offering, one which already existed, to be sure, gained prominence. That
was 'avodah sh'be'lev' ...Service in the heart, or prayer. But one must understand that
the foundation for offerings is the same in both instances...acknowledging our benefactor,
G-d.
This is called..."hakaras ha'tov" .... acknowledging the good that one does
for you. Our lives are constantly a gift from G-d, our sustenance is continually a
blessing from Hashem. Is there anyone who receives some good from another and would not
pay for it with a simple 'thank you', or in the case of an impersonal deal, with payment
of money, goods, or services? That person is an ingrate!
It is so innate that even an untutored child will smile when given something he wants.
That too is an acknowledgement. How piqued do we get when you have extended yourself to
someone you care and love and they forget to show appreciation!
Appreciation is an extension of one's self. This is the foundation of the offerings of
all mankind to G-d. It is ironic to think of many of the ancients who worshipped idolatry
as being primitive, while many of our cututred contemporaries are considered advanced when
they questiont the existence of a Creator and Benefactor, G-d. It is said that the
ancients, with all their idolatry were more humane than some of our moderns; they
expressed their appreciation to a Power for what they knew were the bounties of life.
Their problem was they had too much appreciation. They expressed it to trees, fish, stars,
moon, sun etc. They were well meant....but misguided. Like Einstein who uncovered a
_unified_ field theory of the universe, Torah taught the Jew that there is ONE creator of
all existence, and that everything else were manifestations of His handiwork, and serving
His purposes.
So, the second foundation of the universe is AVODA, service...appreciation.
>>GEMILAS CHASADIM<< ...... acts of kindness.
The third foundation upon which the universe stands is the inter-raltionship between
persons. A gmilas chesed is more than a good deed. It is more than helping someone and
then receivng a payment, from a 'thank you' and up. It is a deed for which no
acknowledgment can ever be expected nor reciprocated. Its highest form, but nowhere
limited to it, is burying the dead.
So the third foundation on which the universe stands is ...acts of kindness.
Chapter: 1
Mishna: 3
<<ANTIGONUS, OF THE CITY OF SOCHO, RECEIVED (the Mesorah) FROM SHIMON
HATZADIK. HE WOULD SAY: DO NOT BE LIKE SLAVES WHO SERVE THE MASTER ON CONDITION OF
RECEIVING A REWARD. HOWEVER, BE LIKE SLAVES WHO SERVE THE MASTER WITHOUT CONDITION OF
RECEIVING A REWARD.
AND LET THE FEAR OF HEAVEN BE UPON YOU.>>
1. Antigonus, of Socho, was a student of Shimon Hatzadik and was the head of the
yeshiva following his rebbe, during the days of the 2nd Temple. His statement is one of
ambiguity and has raised many eyebrows among our commentators.
The Baal Ha-akeda and the Abarbanel question the quoted mishna. The Torah is replete
with statements to all Israel.....Honor father and mother, l'ma'an ya'arichun
yu'me'cha.....in order that your life be long. (Exodus 20:12 and Deut. 5:16). ....... Deal
with honest weights in order that you life be lengthened (Deut. 25:15). The Torah says
many times...Observe all the Mitzvos of Hashem so you will lengthen you life on the land
that Hashem gives you (Deut 6:2; 11:9; 30:17)....Send away the mother bird before you keep
the fledglings so that your life be lengthened (Deut 22:7).
On the latter statement, Rashi observes ...'If on such an easy Mitzvah to fulfill
(sending off the mother bird) Hashem promises the reward of long life, how much more so is
there reward for fulfilling the more difficult mitzvohs!' What does Antigonus mean, then,
when he seems to negate the expectation of reward, which the Torah itself holds forth as a
motivation for serving G-d?
2. We have here a picture of growth in understanding.
True, Hashem treats us to the reward for the performance of his commands. This is the
elementary level of service.
Like a child, who has to be enticed to do a deed which his parents want, and entice him
with the candy, so Hashem deals with us, to introduce us to the mitzvohs.
It was a common practice, when a father brought his child to the rebbe in the yeshiva,
the child was given a slate with honey or candy on it, which he licked off. When he
completed licking off the candy the following verse from the Torah lay exposed on the
slate....TORAH TZIVA LANU MOSHE.... Moshe Commanded us the Torah, as a bequest to the
Community of Israel!......
The child's first association with Torah was with sweetness. His first connection with
the recognition of Torah's source was with honey. That was the reward!
And that's why he was ready to come back again the following day, and then again.
Reward.
But the same child, now a man studies the same Torah. Can we say that he savors that
honey, and studies Torah and conducts him life in accordance with its commands, because
some one is going to reward him some candy?
3. Growth in Torah means a deeper understanding of the purposes of Torah. Our rabbis
teach us that the mitzvohs were given to us "l'tzref es ha'briyos"....to refine
G-d's creatures, man. The performance of the Mitzvah brings its own reward. It does so in
its effect on our relationship with Hashem, and in our relationship with our fellow man
and in our relationship with ourselves.
How?
In our relationship with Hashem ---the neshama, that we all have, and which is that
part of us that is a part of Hashem, strives to elevate and draw us closer to G-d, to feel
His presence. King David sings out..."But one thing I ask from G-d; _that_ I will
seek.... To sit in the house of G-d; to envision the sweetness of Hashem, and to search
[after the commandments of Hashem] in His dwelling place...."
Torah and the mitzvos are the medium to forge the closeness with Hashem.
In our relationship with our fellow man ---the message in the Torah of the love that
Hashem bestows upon us...."banim atem La'shem"...You are children of G-d (Deut
14:1) is transferred to our fellow humans. When we receive love from our parents we can
transfer and show love to our children. When we feel love from Hashem we can exude that
emotion on all mankind. It means we look kindly upon people; we treat them with tender
feelings; we respect their rights, property and life....and all that flows from that
approach to life.
Living in accord with Hashem's mitzvos: Give tzadah, Judge another person favorablly,
Treat the stranger with love, Apply the law equally to all people, do not steal, murder,
lie or decive another human being......are examples of Torah's influence upon our
relationship with others.
In our relationship with ourselves ---when the Torah declares 'u'ldavka bo'
(Deut 30:20)...."to love the Lord your G-d and to ATTACH yourself to Him, because He
is your life and your length of days...." ....'ATTACH' cannot mean physically,
because Hashem has no physical properties. It means, as our teachers instructed us,
"Attach yourself to His ways, His qualities. As He is merciful, you be merciful; as
He is honest, you be honest; as he loves the stranger and cares for the widow and the
orphan, you love the stranger and care for the widow and the orphan".
Our souls become more refined, our senses are heightened and our sensitivities are
attuned to the outside because WE are a better person on the inside.
This is the effect of Torah on our relationship with ourselves. Torah and the mitzvos
have created those changes within us.
4. Antigonus of Socho is instructing us, his students, who have reached a level of
maturity, that the the reward of the Mitzvah is inherent in itself. The reward lies in the
growing appreciation of how the Mitzvah affects us, who perform it.....and that as the
appreciation grows it draws in other mitzvohs....'Mitzva go'rer'es Mitzvah'...It feeds on
itself.
Antigonus, declares: Don't set your sight on external benefits. The Mitzvah is its own
reward.
Chapter: 1
Mishna: 4
<<YOSI BEN YO'EZER, OF TZRAYDA AND
YOSI BEN YOCHNAN OF YERUSHALAYIM RECEIVED (the Mesorah) FROM THEM (Shimon Ha'tzadik and
Antigonus of Socho).
YOSI BEN YO'EZER OF TZRADA SAYS: LET YOUR HOME BE A MEETING PLACE FOR THE WISE;
SIT AMIDST THE DUST OF THEIR FEET; AND DRINK IN THEIR WORDS WITH THIRST.>>
1. It is essential to observe the precision with which the Mishna relates the line of
tradition. The two scholars, heads of their generation, "received from them", as
another link in a systematic chain of tradition starting from Moses at Sinai. In the next
few Mishnas we find that phrase "received from them" oft repeated as each new
generation of scholars carries on from the previous ones. The emphasis is, of course, from
the source, Sinai.
2. Who were these pairs, "zugos"? The next few Mishnas mentions these zugos.
The first one held the office of the Nasi, the President of the Sanhedrin, and the second
was the Av Beis Din, the Chief of the Court of Law. The sanhedrin was the Supreme Court
and National Council. It was comprised of 71 member/scholars, and administered the
political as well as the religious life of the nation in the later centuries of the Second
Temple.
3. Growth in Torah means a deeper understanding of the purposes of Torah. Our rabbis
teach us that the mitzvohs were given to us "l'tzref es ha'briyos"....to refine
G-d's creatures, man. The performance of the Mitzvah brings its own reward. It does so in
its effect on our relationship with Hashem, and in our relationship with our fellow man
and in our relationship with ourselves.
How?
In our relationship with Hashem ---the neshama, that we all have, and which is that
part of us that is a part of Hashem, strives to elevate and draw us closer to G-d, to feel
His presence. King David sings out..."But one thing I ask from G-d; _that_ I will
seek.... To sit in the house of G-d; to envision the sweetness of Hashem, and to search
[after the commandments of Hashem] in His dwelling place...."
Torah and the mitzvos are the medium to forge the closeness with Hashem.
In our relationship with our fellow man ---the message in the Torah of the love that
Hashem bestows upon us...."banim atem La'shem"...You are children of G-d (Deut
14:1) is transferred to our fellow humans. When we receive love from our parents we can
transfer and show love to our children. When we feel love from Hashem we can exude that
emotion on all mankind. It means we look kindly upon people; we treat them with tender
feelings; we respect their rights, property and life....and all that flows from that
approach to life.
Living in accord with Hashem's mitzvos: Give tzadah, Judge another person favorablly,
Treat the stranger with love, Apply the law equally to all people, do not steal, murder,
lie or decive another human being......are examples of Torah's influence upon our
relationship with others.
In our relationship with ourselves ---when the Torah declares 'u'ldavka bo'
(Deut 30:20)...."to love the Lord your G-d and to ATTACH yourself to Him, because He
is your life and your length of days...." ....'ATTACH' cannot mean physically,
because Hashem has no physical properties. It means, as our teachers instructed us,
"Attach yourself to His ways, His qualities. As He is merciful, you be merciful; as
He is honest, you be honest; as he loves the stranger and cares for the widow and the
orphan, you love the stranger and care for the widow and the orphan".
Our souls become more refined, our senses are heightened and our sensitivities are
attuned to the outside because WE are a better person on the inside.
This is the effect of Torah on our relationship with ourselves. Torah and the mitzvos
have created those changes within us.
4. Antigonus of Socho is instructing us, his students, who have reached a level of
maturity, that the the reward of the Mitzvah is inherent in itself. The reward lies in the
growing appreciation of how the Mitzvah affects us, who perform it.....and that as the
appreciation grows it draws in other mitzvohs....'Mitzva go'rer'es Mitzvah'...It feeds on
itself.
Antigonus, declares: Don't set your sight on external benefits. The Mitzvah is its own
reward.
New Material
Chapter: 1
Mishna: 8
<<YOSI BEN YOCHANAN OF JERUSALEM
SAID: LET YOUR HOUSE BE OPEN WIDE; AND LET THE POOR BE MEMBERS OF YOUR HOUSEHOLD; AND DO
NOT ENGAGE IN MUCH GOSSIP (sicha) WITH ONE'S WIFE. THIS APPLIES EVEN TO ONE'S WIFE; HOW
MUCH MORE THEN TO YOUR NEIGHBOR'S WIFE
HENCE THE SAGES SAY: WHOSO ENGAGES IN MUCH GOSSIP WITH WOMEN BRINGS EVIL UPON
HIMSELF, NEGLECTS THE STUDY OF TORAH, AND WILL, IN THE END, INHERIT GEHINNOM. >>
A. LET YOUR HOUSE BE OPEN WIDE...... Yosi Ben Yochanan is
reminding his students that the first quality worthy of emulating Abraham is
"hachnasos Orchim"...welcoming guests. To make a stranger in a foreign
environment feel at home and to be wanted is the greatest mitzva.
It is, of course, much nicer to have "fine" guests at your table...but the
Teacher insists....Let the poor be members of your household! What a lesson for children
to see and learn. When father brings home and makes welcome a poor, dejected man who needs
more that a few dollars, but a new spirit to raise him from dejection......no book lesson
in ethics can match that living example of kindness and empathy that will lie indelibly
etched in the heart of a child.
There are two ways to help a stranger, a poor man. One can take out a few dollars and
send him on his way. With that he will most certainly fulfill the mitzvah of tzedaka. But
he can also open his door wide and welcome him in to join him at his dinner table. That's
more than tzedaka. That's G'milas chasadim. That's heart!
The badge of the Jew bequeathed from Father Abraham is "Hachnasas
Orchim"....welcoming guests. The Midrash relates to us that Avraham Avinu pitched his
tent at his crossroads and that it had four entrances, so that when strangers passed by
they were always made welcome by this unusual host, Abraham.
He offered them food and drink, gave them a place to rest, and he taught his son
Ishmael, by example, to do the same. When they thanked him he would reply...Thank Hashem,
creator and provider for all the living. In this manner, by the force of his personality
and dedication to his mission he "created" new souls, opened the eyes of the
world to the concept of a universal benevolent G-d.
References: Torah's injunction to treat the Egyptian kindly because "you"
were a guest in his land
B. AND LET THE POOR BE MEMBERS OF YOUR HOUSEHOLD
The Hebrew for POOR is "anee'yim". Others read that word as
_"a'na'vim"_, meaning _humble_.
Yosi Ben Yochanan is advising.....let "anavim" be the attributes of the
members of your household. Let the members of your household act with humbleness...not
haughtiness. The way to make a stranger or guest feel that he is _really_ wanted and
welcome is to put yourself in his place as the guest. The guest is more usually timid,
reticent and even shy. Let the members of your family display the same kind of sensitivity
and ease the stranger into comfort and acceptance.
C. AND DO NOT ENGAGE IN MUCH GOSSIP (sicha) WITH ONE'S WIFE.
The subject of discussion, _sicha_ is "chatter" or "insignificant
talk". Yosi Ben Yochanan is addressing those kinds of situations where a man comes
home and reports to his wife the disagreements, fights or verbal battles he may have had
with someone. What is he causing by bringing home and relating the pettiness of his
encounter?
He creates animosity buildup in his wife towards another, thereby involving her in his
encounter, where she only knows part. He causes her pain, and even causes a diminuation of
himself in his wife's eyes as she reacts to his ill-success in 'beating' his opponent.
This is not what we seek.
The words of Yosi Ben Yochanan are not to be taken to mean that a man is not to discuss
matters concerning themselves, their children, education, finances and their home. Quite
the contrary.....the Talmud is replete with admonitions to the husband....."If your
wife is short, bend down and listen to her"...."Bracha is found in a man's home
ONLY because of his wife".....Chapter 31 of Mishli, Proverbs, contains the whole
selection of the Ayshes Cha'yil, dedicated to the description of the Woman of
Valor....whose husband's heart trusts in her...who cares for his business, children and
home.
No culture has raised the position of the woman as high as Torah has. When Hashem
created woman, the Torah describes it by the use of the word "va'yi'ven" ....He
_ built_ ...the rib into a woman. The word "va'yi'ven" has the root
"ba'no"....which is also the root for the word "bi'na", understanding.
Our Rabbis observe that the Torah is telling us that Hashem created woman with an
additional measure of understanding, beyond that of Man.
D. THIS APPLIES EVEN TO ONE'S WIFE; HOW MUCH MORE THEN TO YOUR NEIGHBOR'S WIFE.
In addition to the previous admonition, we now have an additional factor. The Torah
recognizes the frailty of humans. Sexual attraction is both a creative and destructive
force in the life of an individual, depending upon the situations and condition. Torah has
required then that both sexes minimize their contact with one another.
The construction of the Mishkan (Tabernacle) in the desert, and later, the design of
the Beis Hamikdash had the Machaneh Shchina (area of the Shchina) where only the Kohanim
functioned, the Ezras Yisrael, which included the area all males could enter, and the
Ezras Nashim, the women's area. Family purity, geneolgy, are so forcefully stated in the
Torah. Holiness (kedusha) is the Torah's contribution to the Jew and to the world, and the
Torah riles against the licentiousness, immorality and sexual looseness of the nations of
Canaan, as a basic reason for their displacement by Hashem.
Therefore......Yosi Ben Yochanan advises...minimize contact with your wife....but
certainly so with your neighbor's wife. The fruits of the breach of this guideline is so
obvious in our world today. The blessings of its observance is the wholesome, beautiful,
productive life that characterizes a Torah home.
QUESTIONS TO PONDER
1. What is meant by the terms "yetzer tove" and "yetzer ra"?
2. What does the word "ra" mean and connote?
Copyright 1998 by Leo Schwartz
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