PARSHA THEMES

Eitan Mayer

Parsha Themes Archive

PARSHAT BEHAR & BE-HUKKOTAI

 

PARASHAT BEHAR

Parashat BeHar spotlights the mitzvot of Shevi’it and Yovel.

1) Shevi’it (AKA “Shemita”) means “seventh year”: every seven years, a special set of agricultural laws applies in Eretz Yisrael. We are commanded to refrain from working the land in just about any way, including plowing, planting, and harvesting. The prohibition of harvesting does not mean we are supposed to either go hungry or scrape by just on the previous year’s harvest; we are allowed to eat produce from the fields, but it must remain basically ownerless. Anyone who wants to take it is allowed to; we cannot harvest it and prevent access to it. In Devarim 15, we learn of the other dimension of this seventh year, the economic dimension: all debts between Jews are canceled by divine decree.

2) Yovel is the name given to every fiftieth year, the year after seven Shevi’it cycles have been completed. During Yovel, as during Shevi’it, most agricultural work is forbidden in Eretz Yisrael. In addition, all land in Eretz Yisrael which has been sold since the previous Yovel must be returned to its original owners, and all Jewish slaves must be released by their masters (even those slaves who have previously declined freedom at the conclusion of the normal six-year period of Jewish slavery).

A LOOK AT THE TEXTUAL LANDSCAPE:

On the surface, at least, there seems to be nothing particularly “priestly” about the mitzvot of Shemita and Yovel. If so, why are these mitzvot placed in VaYikra, AKA ‘Torat Kohanim’ (‘Instructions for Priests’)? What are these mitzvot doing in the same neighborhood as, for example:

1) The laws of korbanot (sacrifices), which occupy primarily perakim (chapters) 1-10.

2) The laws of tahara and tum’a (purity and impurity), which occupy primarily perakim 11-16.

Perhaps we must readjust our understanding of Sefer VaYikra’s status as ‘Torat Kohanim’ to include themes other than those which directly address the kohanim and their duties. When we add up all the material in VaYikra which does not seem explicitly ‘priestly’ (i.e., no apparent connection to tahara, no apparent connection to korbanot, etc.), we come up with the following material, organized by perek (chapter):

18: arayot (sexual crimes such as incest, male homosexual sex, bestiality)

19: potpourri: interpersonal laws, ritual laws, agricultural laws, etc.

20: arayot etc.

23: mo’adim (holidays and holy days, e.g., Pesah, Shavuot, Succot, Rosh HaShana, Yom Kippur)

24: the mekallel (the blasphemer; “packaged with” laws of murder and damages).

25: Shevi’it and Yovel

26: berakha and kelala (blessings for those who keep the mitzvot and curses for those who don’t).

27: laws of donating things to the Bet haMikdash.

What does all of this material have in common? Are there particular reasons why each of these sections deserves to appear in Sefer VaYikra, or is there one theme which unites them and justifies their inclusion in the sefer?

 

THE HOLINESS THEME:

The most obvious possibility for uniting the above sections is the theme of kedusha (usually translated ‘holiness’), a theme we have discussed extensively in previous shiurim (mostly in Parashat Shemini). Kedusha’s dominance as a motif in the latter third of Sefer VaYikra is explicit in the text itself:

19:2 -- Speak to the congregation of the Bnei Yisrael and say to them, “You shall be HOLY [kedoshim], for I am HOLY [kadosh], Y-HVH, your God.”

20:7 -- You shall SANCTIFY yourselves [ve-hit-kadishtem] and be HOLY [kedoshim], for I am Y-HVH, your God.

20:8 -- You shall keep my laws and do them; I am Y-HVH, your SANCTIFIER [me-kadishkhem].

20:26 -- You shall be HOLY [kedoshim] to Me, for I, Y-HVH, am HOLY [kedosh]; I have separated you from the nations to be for Me.

21:6 -- They shall be HOLY [kedoshim] to their God, and not profane the name of their God, for the offerings of Y-HVH, the bread of their God, are they offering; they shall be HOLY [kodesh].

21:8 -- You shall SANCTIFY him [ve-kidashto], for he offers the bread of your God; he shall be HOLY [kadosh] to you, for I, Y-HVH, who SANCTIFIES you [me-kadishkhem], am HOLY [kadosh].

22:3 -- Say to them, for all of their generations, “Any of all of your descendants who approaches the SANCTIFIED things [kodashim] which Bnei Yisrael SANCTIFY [ya-kdishu] to Y-HVH, and his impurity is upon him, that soul will be cut off from before Me; I am Y-HVH.”

22:9 -- They shall keep My watch and not bear sin for it and die when they profane it; I am Y-HVH, their SANCTIFIER [me-kadsham].

22:32 -- Do not profane My HOLY [kadshi] name; I shall be SANCTIFIED [ve-ni-kdashti] among Bnei Yisrael; I am Y-HVH, your SANCTIFIER [me-kadishkhem].

23:2 -- Speak to Bnei Yisrael and say to them, “The meeting-times of Y-HVH which you shall proclaim as proclamations of HOLINESS [kodesh], these are my meeting times.”

There are many, many more examples, but perhaps these will suffice; the point is that many of the mitzvot in the latter third of Sefer VaYikra are connected with the idea of creating and protecting kedusha.

In summary, the theme of kedusha joins with the other two major themes of Sefer VaYikra to yield the following:

Theme I: Korbanot (perakim 1-10)

Theme II: Tahara and Tum’a (perakim 11-16)

Theme III: Kedusha (perakim 17-27)

As should be clear by now (close as we are to the end of Sefer VaYikra), while these three themes are centered in particular locations in the sefer, they are also freely interspersed among the material in all of the sections of Sefer VaYikra. In general, the korbanot material is centered in the first 10 perakim of the sefer, the purity material is centered in the middle of the sefer, and the kedusha material is centered in the end of the sefer. But these borders are highly permeable: for example, korbanot material appears in 17 (between the purity and kedusha sections), purity material appears in 20 (among the kedusha material), and kedusha material appears in 11 (among the purity material).

This brings us back to where we began: the mitzvot of Shemita and Yovel, found deep in the kedusha section. The Torah connects Shemita and Yovel with kedusha as well:

25:10 -- You shall SANCTIFY [ve-kidashtem] the year of the fiftieth year [this is not a typo] and proclaim freedom in the land for all its inhabitants; it shall be Yovel for you: each man shall return to his land portion, and to his family shall he return.”

25:12 -- For it is Yovel; it shall be HOLY [kodesh] for you; from the fields shall you eat its produce.

[Although only Yovel (and not Shemita) is explicitly called “kadosh” by the Torah, I am lumping Shemita together with Yovel as kadosh because the Torah itself lumps the two together in perek 25, switching back and forth several times between the two topics without warning. This textual intertwining implies that these mitzvot are thematically intertwined as well. In addition, they are halakhically interdependent as well: the cancellation of debts on Shevi’it, for example, is biblically mandated only during periods in which Yovel as well is kept; see Rambam, Shemita ve-Yovel 9:2. See also 10:9, which, depending on the version of the text, may hinge the entire biblical status of agricultural Shevi’it on the concurrent performance of Yovel.]

MY PET THEORY ABOUT KEDUSHA (AGAIN):

What is ‘holy’ about Yovel and Shemita? Taking a certain view of kedusha would make this question irrelevant, or at least unanswerable: if we understand kedusha as some sort of mystical/metaphysical/spiritual quality of ethereal, mysterious, imperceptible nature, not apprehensible by either the senses or the intellect but only by the soul (perhaps), then we can close the books right here. What could we possibly have to say about something we cannot perceive or understand? If the Torah commands us to be “holy” and then tells us that Yovel and Shemita generate “holiness,” then we should of course observe Yovel and Shemita so that we can become “holy.”

But why would the Torah bother to tell us about “holiness” if we could not really understand it? the “holiness” characterizations are inthe Torah as an inducement to us to do the mitzvot (“Do the mitzvot so you will become holy”), it follows that we must be able to develop a good understanding of what kedusha is -- otherwise, what is the inducement? Why would the Torah bother repeating the holiness theme so many times (see examples above) if we could never really understand holiness anyway?

As we have developed in detail in our discussion of Parashat Shemini and other parshiot in Sefer VaYikra, one other possibility for understanding kedusha (besides the “mystical essence” perspective) is that it is not really the point! Kedusha is not our *goal,* it is one of our ways of getting to our real goals. To understand this idea, it might be best to discard the word “holiness” as a translation for “kedusha,” and replace it with the word “dedication.” The word “dedication” is a nice fit because it means “set aside for specific purposes” and carries the connotation of “being set aside for a *higher* purpose.”

To illustrate how this “kedusha” is not the goal but is one of our ways of getting to our goals: imagine you are the executive of a company. Your company has a contract to complete a challenging project for an important client within a certain amount of time. Now, you certainly expect “dedication” from your employees, but “dedication” itself is not your goal -- finishing the challenging project in time is your goal; if your workers are “dedicated,” you will get there on time! [Of course, the use of the word “dedication” in a non-religious context is not quite the same as “kedusha,” which carries that all-important connotation of “higher purpose.”]

The Torah expects “dedication” (read “kedusha”) of us in two ways:

1) The Torah commands us to *be* “kedoshim”: we are to be the “am kadosh” (dedicated nation); we are commanded “kedoshim tihyu” (“You shall be dedicated”). According to this understanding of kedusha, we are not commanded to be “holy,” a command we wouldn’t really understand; we are instead commanded to be “dedicated.” Of course, this “dedication” is not itself the goal; the *object* of the dedication -- the mitzvot -- are the goals. Kedusha is a way of getting there: if we are “kedoshim,” we are “dedicated” to the mitzvot.

2) The Torah commands us to dedicate (“me-kadesh”) things other than ourselves: times, places, objects, and people, for example. Shabbat and the moa’dim are “dedicated” (kadosh) times; the Mishkan and Bet HaMikdash are “dedicated” (kadosh) spaces; the korbanot and the utensils of the Mishkan are “dedicated” (kadosh) objects; the Kohanim and others are specially “dedicated” (kadosh) people. The process of dedicating these things is not a secret ritual, it is apparent from the meaning of the word “dedicate”: these things are to be set apart and restricted for higher purposes.

KEDUSHA AND RESTRICTION:

This explains why kedusha is so often connected in the Torah with restrictions:

1) The kedusha of time always triggers a prohibition to do work (“mikra’ei kodesh” is not just followed by, but is explained by, “kol melakha/melekhet-avoda lo ta’asu”), since dedicated time is time that cannot be used for everyday purposes;

2) The kedusha of space is always connected with restriction of access to that space (who can ascend Har Sinai, who can enter the Mishkan and the Kodesh ha-Kodashim) because, by definition, dedicated space is restricted to a particular use;

3) The kedusha of objects is always connected to their restricted use (e.g., objects dedicated to the estate of the Mishkan--“hekdesh”--may not be used for personal benefit; korbanot may be eaten only by certain people for certain amounts of time and in certain places) because they are dedicated to a higher purpose;

4) The kedusha of people is always connected to restrictions about what they may have access to and who may have access to them (e.g., a Kohen is prohibited from contacting a corpse, marrying women with certain personal statuses; the Kohen Gadol, who is even more dedicated (kadosh), may not even contact the corpses of immediate family members and may not marry even a widow) because they are dedicated to higher purposes.

The connection between restrictions and kedusha is quite direct:

Kedusha = Dedication --> Restricted Access.

If I have a telephone line “dedicated” to my fax machine or my computer modem or whatever, that line is *by definition* restricted from other uses. Kedusha, by definition, means restriction.

HILLUL:

This also explains what we mean by “hillul,” usually translated as “profanation,” the direct opposite of kedusha. Examples of “hillul” in the Torah:

1) Eating a korban shelamim on the third day after its sacrifice is called a “hillul” (19:8). Because it is “dedicated” (kadosh) as an offering to Hashem, it must be treated specially, differently than non-dedicated meat: the shelamim must be eaten in the first two days after sacrifice. By definition, one who violates this restriction undoes (“profanes”) the kedusha, because the entire essence of the kedusha is the restriction. It is like using my “dedicated fax line” for a voice conversation: doing this reverses the dedication of the phone line, by definition, because here I am using what used to be the fax-only line for a voice call!

2) Causing one’s daughter to become a prostitute is called a “hillul” by the Torah (19:29) because by definition, a woman who is available to *everyone* is dedicated (kadosh) to *no one*! The opposite of this hillul is “kiddushin,” the word we use, by no coincidence, for marriage, which *dedicates* a woman to her husband to the exclusion of all other men.

I apologize to all those who are tired of hearing me repeat this idea of kedusha through the course of Sefer VaYikra, but it seems to me an important point to stress. It makes Sefer VaYikra no longer the locus of the obscure imperative to become “holy,” and turns it into the locus of the powerful and concrete demand for *dedication!* We are to dedicate ourselves entirely to serving Hashem; we are commanded to dedicate times, places, objects, and people to special religious purposes, restricting them from normal access so that important goals can be accomplished in the fenced-off space created by the restrictions. The fence of Shabbat keeps work out so that we can contemplate Hashem’s creation of the world; the fence of incest prohibitions (arayot) restricts sex between relatives so that the family may develop in the space thereby created; the fence of korbanot restrictions protects the korbanot (AKA kodashim) from being used in ways which would compromise their quality as offerings to Hashem.

THE KEDUSHA OF YOVEL AND SHEMITA:

To get back to our parasha, what is the theme of the kedusha of Yovel and Shemita? What values are protected by or embodied in these mitzvot? According to the Rambam, the answer is quite obvious:

 

MOREH NEVUKHIM (GUIDE OF THE PERPLEXED) 3:39 --

“The mitzvot included in the fourth group are those encompassed by the Book of Zera’im (“Seeds,” one of the 14 books of the Rambam’s halakhic code, Mishneh Torah) . . . all of these mitzvot, if you think about them one by one, you will find that their benefit is obvious: to be merciful to the poor and disadvantaged and to strengthen the poor in various ways, and to avoid causing anguish to people who are in difficult situations . . . . Among the mitzvot counted among the Laws of Shemita and Yovel (which is in the Book of Zera’im): some include mercy and generosity to all people, as it says, “And the poor of your nation shall eat it, and the rest shall the beast of the field eat,” as well as that the produce of the ground should increase and strengthen through its fallowness; some [other mitzvot in this category] show mercy to slaves and poor people, i.e., the cancellation of debts and the freeing of slaves; some take care that people will have a consistent source of financial support, so that the entire land is protected against permanent sale . . . a person’s property remains always for him and his heirs, and he eats his own produce and no one else’s.”

In other words, Shemita and Yovebring us:

1) Generosity toward the poor (free food in the fields).

2) Impof the land (letting it lie fallow).

3) Mercy toward the poor (canceling debts).

4) Mercy toward slaves (freeing them).

5) Economic security for all (return of land to original owners).

6) Prevention of economic domination over others (return of lands).

These “achievements” fall into the class of human-focused concerns: taking care of the powerless (poor, slaves, etc.) and constructing a fair and stable economy (land returnd to owners, land must lie fallow periodically). This is by no means a disparagement; at the core of these concerns is the desire for social justice, mercy, stability and equality, certainly a roster of important values.

Yet, something important seems to be missing from the Rambam’s list, a major theme which is nearly explicit in the Torah itself: the *theological* dimension of Yovel and Shemita:

 

VAYIKRA 25:

“. . . When you come to the land I am giving to you, the land shall rest a Sabbath **TO Y-HVH** . . . . in the seventh year shall be a Sabbath for the land, a Sabbath **TO Y-HVH** . . . . If you shall say, “What will we eat in the seventh year, since we cannot sow or gather our produce?” I shall command My blessing upon you in the sixth year; it will produce enough for all three years . . . . The land shall never be sold permanently, for ALL THE LAND IS MINE; for you are ‘immigrants’ and temporary dwellers with Me . . . . If your brother’s hand falters [financially], and he is sold to you [as a slave] . . . until the year of the Yovel shall he work with you. He shall then go out from you, he and his sons with him, and return to his family and to the land of his fathers. For THEY ARE MY SLAVES, whom I took out of the land of Egypt; they shall not be sold as [permanent] slaves.

On the one hand, the Sabbath is a Sabbath for the land, which ‘rests,’ and for the poor and the animals, which eat freely from all fields. These aspects are mentioned by the Rambam. On the other hand, it is also “a Sabbath to Y-HVH,” as the Torah tells us twice. What does Hashem want from this Shabbat?

In addition, the absolute prohibition to work the fields during this year does not quite flow from a desire to make sure the fields have a year to replenish themselves so that they can remain fertile. If field-improvement were the true motivation for the agricultural-work prohibition, it would have been enough to command that we simply let some of our fields lie fallow each year; there would be no need to go so far as to cancel all agriculture nationwide for a year. Furthermore, if the motivation is to allow the fields to rest, then the Torah should prohibit plowing and planting, not harvesting. After all, the fields would not be depleted by our harvesting whatever happens to grow in them--yet the Torah forbids also harvesting.

Perhaps the claim could be made that the goal of the Torah is to provide sustenance for the poor and the animals, and that harvesting by landowners would deprive them of this food. But this claim seems weak indeed, for if the point is to feed the poor and the animals, why does this mitzvah arrive only once in seven years? Are the poor and the animals supposed to starve in the interim? Additionally, there is already an elaborate structure of mitzvot in place also during non-Shemita years to provide for the needs of the poor: ma’aser ani (tithes for the poor), leket (the requirement to leave behind for the poor the stray pieces of the harvest which the harvesters drop accidentally), shikheha (a similar mitzvah), pe’ah (the requirement to leave the corner of a field for the poor to harvest), and other mitzvot. It seems, therefore, that a different value is being served by the requirement to halt agriculture for this year.

Reading further in the Torah, it appears true that there is an interpersonal dimension to the requirement to return all land to its original owners at Yovel, but the Torah’s justification for this mitzvah points clearly at Hashem, not at man: “The land shall never be sold permanently, for ALL THE LAND IS MINE; for you are ‘immigrants’ and temporary dwellers with Me.”

Reading further, it is again true that there is an interpersonal dimension to releasing all Jewish slaves at Yovel, but again, the Torah’s justification points to Hashem, not only to mercy and social justice: “For THEY ARE MY SLAVES, whom I took out of the land of Egypt; they shall not be sold as [permanent] slaves.”

What is the dimension of Shemita and Yovel which focuses on Hashem? Perhaps it is obvious already, but the Sefer Ha-Hinnukh brings it out explicitly:

 

SEFER HA-HINNUKH, MITZVAH 84:

“Among the roots of this mitzvah: to fix in our hearts and vividly paint in our minds the concept of the creation of the world, for in six days did Hashem create the heavens and the earth, and on the seventh, when He created nothing, he proclaimed rest for Himself . . . Therefore He, blessed is He, commanded that we also declare ownerless (le-hafkir) all that the fields produce in this year, besides the prohibition of agricultural work: in order than man should remember that the land, which produces fruits for him every single year, does not do so on the basis of its own strength and qualities, but instead that it has a Master over it and over its [human] owners, and when He desires, He commands that it [the produce] be declared ownerless . . . .

“One other result [which this mitzvah] produces in a person is that the person strengthens his trust in Hashem, for anyone who finds in his heart the ability to freely give to the world and declare ownerless all the produce of his lands and his fathers’ inheritance for an entire year, and he and his family are accustomed to doing so all their lives--such a person will never develop the trait of miserliness or the trait of lack of trust in Hashem.”

Shemita and Yovel remind us that the goal of life is not to build empires. Every few years, the possessions about which we feel so ‘possessive’ become public property, for all practical purposes. Imagine you run a clothing store. Business is booming, hems are down, prices are up, you see big growth ahead and branch out into another few stores. You’re up to two dozen branches when suddenly the rules change: instead of selecting clothing they want and can afford and then paying for it, your customers start to just walk out with what they want without paying a dime. You appeal to the authorities, but they explain to you that for the next little while, this is the way it is supposed to be. If so, you wonder, what happens to your empire? More fundamentally, if this environment is unfriendly to pure capitalism, then what is it that you are supposed to be pursuing? Clearly, you conclude, not empire-building. Your possessions do not belong to you in any absolute sense; they belong to this Higher Authority, which periodically overrides your ‘temporary possession’ status to remind you just Who is the real Owner.

Perhaps more fundamentally, as the Hinnukh points out, Shemita and Yovel point us away from the world and back to Hashem. Spending all our days out in the fields (boardroom/ office/ operating room/ trading floor/ bank/ classroom/ laboratory) planting (investing/ lending at interest/ strategizing/ leveraging/ writing computer code) and sowing (selling high/ closing the deal/ healing the patient/ raiding the corporation/ selling the product), we start to believe that the source of our success is the things we can see--our own hard work and the system in which we do our hard work. Instead of bitahon, trust in Hashem, we trust ourselves and the arena in which we exercise our skills. Sustenance no longer comes from Providence, but instead from the futures market, from a technology startup, from our boss, from the booming real estate market. The ‘real world’ becomes for us the one in which we spend most of our time and on which we focus most of our energies.

Shemita and Yovel crack this facade wide open. No one, the Hinnukh notes, can maintain an arrogant self-reliance if he knows that every few years his livelihood disappears and he depends completely on tbounty of Hashem to see him through to the time when Hashem allows the everyday to rush backin. Even when we return to this ‘natural’ world, the one in which we create for ourselves the illusion that we are in control and that we are our own Providers, we remember the experience of Shemita and Yovel.

May we merit to see the restoration of Yovel (possible only with the gathering of the Jews to Eretz Yisrael) and to see the more complete implementation of the mitzvah of Shemita. It is our job to find ways in our own lives to internalize the lessons behind these mitzvot, even if we are not farmers or do not live in Eretz Yisrael. May we grow in our trust in Hashem and remain dedicated to pursuing a life of empire-building in serving Him.

 

PARASHAT BE-HUKKOTAI:

“LISTEN UP . . . OR ELSE”:

Parashat Be-Hukkotai presents the first of the two major ‘tokhaha’ (“warning”) sections in the Torah: sections in which we are told in detail exactly what will happen to us if we abandon the mitzvot. The other tokhaha section is much later on, at the end of Sefer Devarim (Deuteronomy), in Parashat Ki Tavo. The phenomenon of a tokhaha section signals a great opportunity to think about many key issues; for example:

1) Are reward and punishment for our deeds delivered to us here in this life, as the tokhaha seems to imply, or at some later stage beyond the life of this world (or at both points)? [Since this issue is really a philosophical one, we will stick to more concretely textual concerns. Abravanel discusses this issue at length, presenting 7, count ‘em, 7 different perspectives.]

2) If Hashem is a truly merciful God, can it be that He will really punish us in the horrible ways depicted in the tokhaha? If so, how does that impact our understanding of Hashem’s nature? [Another issue of philosophy; not our focus in a parasha shiur.]

3) Do these recipes for disaster remain in reserve in Hashem’s arsenal, or do they echo in history in events that we have actually experienced as a nation? What do they say about our future? [Looks promising as a topic, but may get us sidetracked in trying to identify biblical predictions with historical events; also, we may run into serious trouble if we try to fit the Sho’a into this framework.]

4) What is the function of tokhaha, and what does the tokhaha have to say? Does the Torah expect that we will be more obedient if it threatens us with what will happen if we don’t behave, or is there some other purpose to the tokhaha?

This last set of questions is the one with which we will deal this week. What is the Torah saying to us besides “Listen to Me, or else . . .”?

A LOOK AT THE BOOKENDS:

At the beginning of Parashat Be-Har, the Torah says:

25:1 -- Y-HVH spoke to Moshe in Mount Sinai, saying . . . .

This introduction is followed by the mitzvot we discussed: Shemita and Yovel, which require that:

1) We perform no agricultural work in Eretz Yisrael in the last year of every seven years, that we consider all produce which grows (by itself) that year ownerless and allow the poor and the animals to take it;

2) We cancel all loans between Jews in this seventh year;

3) We treat the last year of every fifty years just like we treat a seventh year, abstaining from agricultural work etc.;

4) We free all Jewish slaves in this fiftieth year;

5) We return to the original owners all land which has been sold in the past 49 years.

As discussed, these mitzvot shatter the illusion we might otherwise begin to believe that the ‘reality’ of earning our bread is the *real* reality and that worshipping Hashem is a nice addendum but is not part of the hard-nosed real world. There is perhaps nothing more hard-nosed and ‘real’ than Shemita and Yovel. Imagine if this were to happen next week -- the government announces that all work is to stop for the next year, all food which grows is deemed ownerless, all debts are canceled, all land returns to the people who owned it half a century ago. Sound like a recipe for economic chaos and disaster? Exactly! By mandating this behavior, the Torah punctures our illusion of reality and shoves it aside before a more ‘real’ reality: we are forced to recognize that we own what we do only by the generosity of Hashem and that the economy is completely instrumental; it is not at all important in any ultimate sense, it is there only to facilitate our service of Hashem.

This lesson is so important that it is followed by a series of warnings about what will happen if we do not keep the mitzvot of Shemita and Yovel: the tokhaha. The fact that the tokhaha is aimed primarily at reinforcing our observance of Shemita and Yovel is supported by several features of the text. Most basically, the Torah’s placing the tokhaha immediately after the mitzvot of Shemita and Yovel intimates that the warnings apply most directly to these mitzvot.

The connection between Shemita/Yovel and the tokhaha is strengthened further by the ‘bookends’ with which the Torah surrounds the section on Shemita and Yovel and the tokhaha. We noted above that the Torah begins Parashat Be-Har with the news that what we are about to learn was delivered by Hashem to Moshe at Sinai. Then come the mitzvot of Shemita and Yovel. Then comes the tokhaha (in the beginning of Be-Hukkotai), and just after the tokhaha, the Torah places another bookend, reporting that what we have just read was what Hashem communicated to Moshe at Sinai. (Another such bookend appears at the end of Parashat Be-Hukkotai, sealing Sefer VaYikra.) What the Torah may be hinting again by placing bookends before Shemita/Yovel and after the tokhaha is that these warnings are aimed at neglect of these mitzvot in particular.

Further and more explicit evidence of the connection between the tokhaha and Shemita/Yovel can be found in the text of the tokhaha itself. As the tokhaha begins, it sounds like a general warning about neglecting any of the mitzvot: (26:14-15) “If you do not listen to Me, and do not do all of these mitzvot; if you despise My laws, and if your souls revile My statutes, by not doing all of My mitzvot, thereby abrogating My covenant . . . .” However, as we move toward the end of the tokhaha, it seems clearer that the phrase “all of these mitzvot” refers not to the mitzvot as a whole, but to “these mitzvot” which have just been discussed: Shemita and Yovel. After the Torah describes how the rebellious nation would be driven out of its land:

“*Then* the land will enjoy its Sabbaths [=Shemita years], all the days of its abandonment, with your being in the land of your enemies; *then* the land will rest, and enjoy its Sabbaths! All the days of its abandonment, it shall rest the rests it did not rest during your Sabbaths [i.e., during the years that were supposed to have been Shemita years], when you lived upon it!” (26:34-35).

“The land shall be abandoned of them, and it shall enjoy its Sabbaths in its abandonment from them, and they [the nation] shall expiate for their sin, since they despised My statutes and their souls reviled My laws” (26:43).

We commit sins, unnamed at the beginning of the tokhaha, but by the end it seems apparent that the abandonment of the land and the consequent cessation of its cultivation through agriculture atones for the sins. The best conclusion: the sins referred to by the tokhaha are the neglect of Shemita and Yovel. Our not ceasing to work the land during Shemita requires our exile from the land so that it can rest on the Sabbaths we have denied it; our not canceling loans during Shemita requires that we become impoverished and powerless; our not returning land to its owners during Yovel requires that we be denied ownership over even our own land; our not freeing Jewish slaves during Yovel requires that we ourselves be taken captive and sold as slaves by those whom Hashem sends to conquer us. Mida ke-neged mida, measure for measure.

MEETING THE CHALLENGE:

The Torah knows how difficult it is to keep Shemita and Yovel. It is certainly a tall order to take a forced sabbatical, to resist the urge to try to make the maximum profit by planting during this year, and to trust that Hashem will provideenough food to compensate for this year’s lack of harvest. It is a tremendous challenge to forgive all loans to Jews every seven . It is certainly no simple matter to release one’s hold on one’s real estate empire and return the parcels of land to their owners, and in a society which accepts slavery, it is almost ‘unrealistic’ to expect that slaveowners will release their Jewish slaves in response to a Divine command. But this is what Shemita and Yovel demand.

The Torah prepares us for the challenge of Shemita and Yovel in various ways. One way is the tokhaha, a warning of the dire consequences of neglect: disease, destruction, disaster, death. Other indications that the Torah expects these mitzvot to run into resistance, and other ways in which the Torah tries to strengthen us, are amply provided by the text itself. First, the Torah anticipates our fear that if we do not plant in the seventh year, we will starve:

(25:20-21) If you shall say, “What shall we eat in the seventh year? After all, we shall not be planting or gathering our produce!” I shall command My blessing for you in the sixth year, and it will provide produce for three years.

Next, the Torah anticipates that canceling all loans to Jews will prove a very unpopular mitzvah, and duly warns and encourages us:

(Devarim 15:7-10) If there shall be among you a pauper, from among your brothers, in one of your gates, in your land, which Y-HVH your God is giving to you--do not harden your heart and do not close your hand to your poor brother; instead, completely open your hand to him and lend him enough to provide whatever he lacks. Beware lest there be an evil thought in your heart, saying, “The seventh year, the year of Shemita [literally, ‘cancellation’] is approaching,” and you shall look ungenerously upon your poor brother, and you shall not give to him, and he shall call out against you to Y-HVH, and you will have sinned. You shall surely give to him, and let your heart not be bitter when you when you give him, for because of this thing Y-HVH, your God, shall bless you in all of your works and in all of your efforts.

HINTS FROM THE RAMBAM:

The Rambam’s Hilkhot Shemita ve-Yovel (Laws of Shemita and Yovel) provides subtle but crucial confirmation that Shemita and Yovel are mitzvot that we accepted as a nation somewhat reluctantly. Instead of warnings and exhortations, these indications are assumptions which are built into the halakhic system:

Chapter 1, Law 12 -- One who plants during the seventh year, whether purposely or accidentally [i.e., with or without the awareness that it is the seventh year and that planting is forbidden], must uproot what he has planted, for *the* *Jews* *are* *suspected* *by* *[halakha]* *of* *violating* *the* *laws* *of* *the* *seventh* *year,* [!!!] and if we were to permit leaving the plant in the ground if it had been planted accidentally, those who had planted purposely would just claim to have planted accidentally.

Chapter 4, Law 2 -- All plants which grow wild during this year are rabbinically prohibited to be eaten. Why did they [the rabbis] decree that they be forbidden? Because of the sinners: so that one should not go and secretly plant grain and beans and garden vegetables in his field, and then when they sprout he would eat them and claim that they grew wild; therefore they forbade all wild plants which sprout during the seventh year.

[See also 4:27, 8:18]

Chapter 9, Law 16 -- When Hillel the Elder saw that the people were refusing to lend money to each other and were transgressing the verse written in the Torah, “Beware lest there be an evil thought in your heart . . .”, he established for them the “pruzbul,” [a special contract] which would prevent the cancellation of their debts to each other . . . .

Clearly, Shemita and Yovel are difficult mitzvot, and they require the Torah’s encouragement.

TWO SIDES OF A COIN:

We have seen that the tokhaha appears closely connected to the mitzvot of Shemita and Yovel (or, more precisely, the neglect of these mitzvot) and that the Torah and halakha take pains to encourage observance of these mitzvot and prevent abuses of the halakha. But now that we have zeroed in these mitzvot as the focus of the tokhaha, we return to the question with which we began: what is the purpose of the tokhaha? Does the Torah expect us to be frightened by these threats into properly keeping Shemita and Yovel? Perhaps threats work in some cultures (or in all cultures in some centuries), but from our perspective in the 20th (almost 21st) century, and considering that most of us are products of Western culture, threats don’t usually have much effect. (Take a look around and try to estimate what percentage of the Jewish people remain faithful to the mitzvot of the Torah despite the many warnings and exhortations the Torah offers.) Since the Torah is an eternal and divinely authored document, we must be able to find significance in it in all generations and in all cultures. So what does message does the tokhaha communicate to us?

Surprisingly, the tokhaha may teach us the same lesson as Shemita and Yovel themselves attempt to teach us.

In the ‘normal’ course of life, we go about our business, doing our best to achieve some level of material comfort. The world either rewards our efforts or doesn’t, but either way, we are eternally and tragically prone to two enormous errors: 1) we begin to believe that making money and achieving domination over material and people are ultimate goals in their own right, and 2) we begin to believe that credit for our success or failure (but particularly our success) goes entirely to us. Shemita and Yovel come to prevent or correct these errors: completely interrupting the economy every few years has a nasty way of sucking all of the wind out of the pursuit of wealth and reminding us that in any event we are not in control of the system.

But there is another option. Shemita and Yovel are only one way of helping us maintain our awareness of these truths and therefore forcing us to look outside wealth and power to find the goals of our lives. Although Shemita and Yovel are obligatory, in some sense, they are a ‘voluntary’ way of reminding ourselves of where our ultimate attention should be directed. If we choose to reject Shemita and Yovel and insist that the economy (and our pursuit of wealth and power) will march on no matter what, Hashem has other options for reminding us of these truths. We can either choose to puncture the economic facade every seven years of our own volition, shattering our own mounting illusions and taming our growing greed, or Hashem will do the puncturing for us. Either way, we will remain inescapably aware of what Hashem wants us to know, but we get to choose whether to take the ‘bitter pill’ ourselves, or have our figurative national limbs amputated by plague, invasion, destruction, exile, and oppression.

That this is one of the deeper meanings of the tokhaha is hinted by the Torah and by the Rambam’s interpretation of it. The tokhaha uses the word “keri” several times to describe the unacceptable behavior of the Jews in rejecting Shemita and Yovel; Hashem promises powerful retribution. But, amazingly, we still have the potential to miss the point. Apparently, *nothing* can guarantee that someone who refuses to see Hashem’s control of the world will suddenly open his eyes. Shemita and Yovel are good options, but we can choose to ignore them. Destruction and punishment are more highly aggressive options, but they too can fail at their task if we do not see our misfortune as Hashem’s “plan B” for getting us to look away from the material world and ourselves and toward Him and His goals for us:

Rambam, Laws of Fast Days, Chapter 1:

Law 1 -- It is a positive biblical command to cry out and to blow with trumpets over every crisis which comes upon the community .

. . .

Law 2 -- This practice is among the paths of repentance, for when a crisis comes and they cry out over it and blow the trumpets, all will know that it is because of their evil deeds that evil has befallen them . . . and this will cause them to [try to] remove thecrisis from upon them.

Law 3 -- But if they do not cry out and blow, and instead say, “This disaster which has occurred to us is just the way of the world,” “This crisis simply happened by coincidence,” this is the way of callousness, and causes them to maintain their evil ways, and then the crisis will grow into further crises, as it says in the Torah [in the tokhaha in our parasha], “You have behaved with Me as if all is ‘keri’ [happenstance], so I shall behave with you with wrathful keri [happenstance],” meaning, “If I bring upon you a crisis to make you repent, if you then say that it is a meaningless coincidence, I will add fury to that occurrence [and punish you further].”

As the tokhaha begins, Hashem warns that He will punish us for ignoring Shemita and Yovel; according to the interpretation we have been developing, the point is not so much to punish us as to provide a less friendly way of achieving what Shemita and Yovel were supposed to achieve (26:14-17). Our planting will yield nothing (as our voluntary non-planting during Shemita should have done) and our security will be destroyed by diseases which blind and confuse us. Our sense of control and mastery will be shattered by defeat at the hands of our enemies. If we still do not respond, we are punished further (18-20): Hashem will “smash the pride of your power”; He will turn the sky and ground into unyielding metal, and our attempts to violate Shemita will amount to nothing. At this point the Torah introduces the word ‘keri’: “If you behave with Me with keri” (21), if you ascribe these disasters simply to global warming or acid rain or ozone depletion or any other cause unconnected with the theological lesson of Shemita and Yovel, “I will add to your suffering seven times for your sin.” (Not that environmental damage should be ignored.) Because we refused to make our food available to the animal as commanded during Shemita, the animals will help make us suffer (22) and topple the sense of domination and order we have imposed on the world. Hashem sarcastically asserts that He will respond to our claim of ‘keri’ with more of that ‘keri’; if we believe it is all just part of the natural process, then we will just keep getting more of that ‘natural process’ until it dawns on us to wonder whether something is amiss. Eventually, we are to be exiled, and then “the land shall enjoy its Sabbaths.” Again, Hashem speaks with bitter sarcasm: if we refuse to accept Shemita and Yovel, and if we reject our suffering’s meaning, then finally at least the unthinking *land* will understand and will celebrate Shemita when there is no one left to pick up a shovel and violate the Sabbath of the land.

In this light, the blessings we find just before the tokhaha, which are promised to us if we keep Shemita and Yovel, also take on new meaning. These blessings are not simply rewards for good behavior and obedience, they are in fact only possible if we keep Shemita and Yovel. We can be allowed to enjoy material success, military victory, personal fertility, and the other blessings mentioned there only if we keep Shemita and Yovel, because otherwise these blessings begin to compete with Hashem for our attention. Only if we ‘voluntarily’ impose Shemita and Yovel on ourselves and remind ourselves of the ultimate goals to which we are to dedicate ourselves can we be trusted to properly interpret the meaning of our success.

The end of the tokhaha promises that no matter how bad things get, Hashem will never abandon us completely. But this is comforting only now that we have seen the tokhaha in empirical historical Technicolor. In our century, now that Hashem has shown us a smile of gracious generosity, may we think creatively and seriously to find personal ways to remind ourselves of our ultimate goals and to prevent ourselves from being blinded by greed and egotism.

Shabbat shalom,

Eitan

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