Re'eh-The Spirit of The Law

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Rabbi Yitzchak Hutner (approbation to Badei Hashulchan, Laws of Nidda) postulates that there are two facets to every category of law in the Torah. One facet is the creation of the law. The other facet is its development. In the creation there is one central principle. In the development there are as many applications of the principle as possible.

An imprecise analogy is the Big Bang Theory. The universe is comprised of almost an inestimable integer of components that have risen from one central point.

So to laws from one particular section are copious but stem from one central principle. For example, the laws of Shabbos are numerous. However, they all stream from one basic principle that the Torah dictates rest on the seventh day of the week.

Rabbi Hutner’s opinion is constructive in answering a query. How does one master all the details in any particular area of knowledge? Rabbi Moshe Chaim Luzzatto (The Way of God, introduction) explains that for a novice in any field it is indeed impossible to seize the myriad of details that are involved. However, the principles are within his grasp.

For example, one inexpert in airplane assembly cannot appreciate every piece of its equipment. Nevertheless, he grasps that airplanes are built to fly. As a result, one can deduce that everything in the airplane somehow contributes to its flight.

When one understands a principle one understands the details to a certain extent. It is analogous to grabbing a mug by its handle. By lifting the handle they lift the entire mug.

Similarly, when one understands the principles and most of the details one grasps the spirit of the law as well. Because, in the final analysis any body of law conveys a particular charge. Therefore, any contribution to that charge even if it is not a law falls within the scope of the spirit of the law.

The same applies to the Torah. When one understands all the principles of God one grasps God’s charge for us. Rabbi Luzzatto explains that this is the attribute of a Chasid-a pious individual (Path Of The Just, chapter 18).

A pious individual loves God so much that he tries to perform acts that make God happy. How does he know what makes God happy? He knows from the information that God gave him and applies it to his life.

For example, my mother once asked me to mop the floor. I mopped the floor. Did you sweep first? she asked. I didn’t. Don’t you know that if I ask you to mop the floor I mean I want it to be clean? Of course, you have to sweep it first.

In crude terms we are obliged to keep the spirit of the law as well as the law itself. This is the message of this week’s Parsha,

“Safeguard and listen to all these words that I command you, in order that it be well…when you do what is good and right etc.” (Deuteronomy 12:28)

These words invoke the directive of Parshas Vaeschanan (see Meshech Chachmah who makes this connection), “And you shall do what is good and right etc.” (Ibid 6:18)

Nachmanides (ad locum) explains that the purport of these words is that the spirit of the law is the ultimate goal of the Torah.

“He is stating that even where He has not commanded you give thought…to do what is good and right in his eyes…this is a great principle for it is impossible to mention in the Torah all aspects of man’s conduct with his neighbors and friends and all his various transactions and the ordinances of all societies and countries. But since He mentioned many of them such as Thou shalt not go up and down as a tale bearer; thou shalt not take vengeance…He reverted to state in a general way that, in all matters one should do what is good and right, including compromise and going beyond the requirements of the law.”

Shoftim-Emotional Control

Sometimes in the human condition emotion is a whirlwind. Anyone who is ensnared in it is carried along with its ups and downs.

Tragedies bring grief. Milestones and accomplishments elicit joy.
Emotion is not a sphere for volition. We can’t help how we feel.
Similarly, our proclivities can’t be amended. Some people are happy and some are serious; some are curious and some are lazy.

Therefore, when we read the Talmud (Shabbos 30b), ‘a person should always be humble like Hillel and rigid like Shamai’, we assume it is a description of their respective character traits. To put is crudely, Hillel was a nice user friendly sage while Shamai was mean spirited and grumpy.

However, Shamai’s remarks in the Mishnah (Ethics of Our Fathers 1:16) seem to be in stark contrast with his seemingly disheartened character.

‘Shamai said…and you should greet every man with a smile on your face.’

Greeting individuals with a smile is a dictum incongruous with the Shamai described in the Talmud. (ibid 31a) It would seem illogical that Shamai didn’t practice what he preached. How then do we reconcile the Talmud with the Mishnah?

Rabbi Yisrael Salanter (Ohr Yisrael) stresses that a mature approach to the Talmud requires analysis of everything in context. The context regarding this issue is that the sages of the Talmud were like the ministering angels. Their holiness is unfathomable.

Rambam (Mishnah Torah, Introduction) writes that they were the greatest of their generation. Certainly, Shamai was in that category.

Because of this it is ludicrous to assume that Shamai was controlled by his emotions and traits. It must be that his colossal spiritual echelon gave him the capacity to forge his personality in accordance with the dictates of the Torah.

Of course, one can control emotions. The Torah demands it. Don’t be afraid in war (Deuteronomy 20:1). Be happy on the holiday (Ibid 16:14). Don’t mourn excessively (Moed Katan 27b)

How is it possible to harness free flowing reactive emotions? The Ethicists discuss this issue. One example is the Book of Education (Mitzvah #16) who writes that our repetative exterior behavior eventually changes our interior disposition.

Therefore, Shamai’s behavior was a reflection of his understanding of the Torah’s dictates.

On the one hand a person’s face is public property. The disposition that they display fashions the mood of others. Therefore, everyone should be greeted with a smile.

On the other hand, when the honor of the Torah is confronted one must assume a hard line defense.

Shelach-Splendid Chutzpah

In this week’s Parsha we encounter the story of the spies. When the Jewish people reached the border of Israel Moshe sent a reprentative of each tribe to spy the land. They came back with a negative report. This report stirred a rebellion against Moshe.

Yehoshua and Calev’s courage stemmed the tide of this rebellion. As the winds of insurgence blew with ferocious fury they stood like reeds (see Ta’anis 20a) stalwartly committed to truth by declaring the following.

“And they said to the entire Congregation of Israel saying, ‘the land in which we have passed to spy is very very good.’” (Numbers 14:7)

The Chafetz Chaim (ad locum) explains that even though they had distinct personalities they were bastions of resilience.

Yehoshua candidly and brazenly opposed the campaign. This is why Moshe prayed for him (Rashi, Ibid 13:16) before they commenced the journey. His hard-nosed stance mandated extra protection in case the spies attempted to eliminate him.

Calev, however, pretended to join the libel. Consequently, he had to stop to pray in Hebron (ibid 13:22) to thwart his inner conviction from faltering to his exterior persona. (See Book of Education (Mitzvah #16) that external behavior can change inner psyche) This strategy imbued him with capacity to stop the chatter of the spies upon their return. The spies allowed him to address the public because they believed Calev would plead their cause (Rashi Numbers 13:30).

Such chutzpah wasn’t unique to them. The Talmud (Beitzah 25b) informs us that Jews’ predilection towards chutzpah is unparalleled. Rabbi Yehuda Kahana (Trumas Hakri, Introduction) elucidates that even though this trait may manifest itself in hideous fashion its source is good.

Resolve without conciliation is indicative of spiritual stature. Physicality is subject to influence such as decay and change. Spiritual elements that aren’t part of the universe are not affected by it. They remain themselves regardless of the largest raging tempest. Therefore, one who is stubborn educes a spiritual aura.

He observes that because of this trait the Jewish people experienced their deliverance from the golden-calf debacle. Moshe entreated God, “let my Lord go among us for they are a stiff-necked people.” (Exodus 34:8) I.e. they can be trusted because their tenacity will safeguard the Torah.

This is the meaning of Proverbs (4:2), ‘For I have given you a good teaching. Do not forsake my Torah.’ Homiletically the verse is communicating that God expresses confidence that the Jews people will not forsake His Torah because of their obstinacy.

Maharal (Netzach Yisrael chapter 25) remarkably purports the same idea with which he explains a peculiar phenomenon. Many Jews do not get along. That is why Masonesk jokes are funny. Every Jew needs two synagogues. One to pray in and not to attend.

Maharal sagaciously observes that part of the exile decree is that Jews can’t get along. Not only are they pronounced to live in the proverbial four corners of the earth but they also can’t be unified. If they would be united, they would live in one place which is their homeland. Therefore, to facilitate their exile their stubborn nature must be expressed to the point where a rift between them causes them to live in different places.

Maharsha (Beitza 25b, Nedarim 20a) makes it clear that Jewish character is dynamic in nature. On the one hand the Talmud (Yevamos 79a) declares, ‘There are three identifying marks of this nation. They are merciful, bashful, and they perform acts of kindness.’ On the other hand Ethics of Our Fathers (2:6) professes, “one who is bashful can’t learn.’ That statement presupposes that one needs to be brazen to study Torah.

This is not an incongruity. Duality of character is required. A well balanced Jewish citizen of God’s nation needs to achieve the perfect confluence of bashfulness and brazenness. One needs to be sturdy and unrelenting within the context of the fear of God in their psyche.

Korach: The Tragedy of Unity

Tragedies happen. The space shuttle ruptures upon reentry into the atmosphere. A plane vanishes over the Atlantic Ocean seemingly without a trace. Grief ensues. Hard questions are asked. Difficult issues immerge.

The necessity to research the anatomy of a calamity is imperative regardless of its unpleasant nature. The future is at stake.

Korach threatened the foundation of Jewish peoplehood; unity. Mt. Sinai was the utopian juncture of Jewish history. God revealed Himself and conferred a directive. Rashi (Exodus 19:2) writes that at that moment the Jewish people were ‘like one man with one heart’.

The citadel of peace and unison was shattered by the ambiance of dissent and quarrel. Moshe’s realization that the seeds of this horror were sewn stirred him to collapse. (Numbers 16:4)

Korach companied all night. He involved everyone. (Rashi, ibid verse 19) He forced Moshe’s hand. The inevitable occurred. The rebellion was pulped. No one was unaffected. Their unity crumbled. Nothing remained the same.

Consequently, our task is rebuilding peace and unity.

“Rabbi Shimon Ben Halafta said, ‘God found only one vessel that contains blessing; that is peace.’” (Uktzin 3:12)

“God’s blessing is peace.”(Megilla 18a) We beseech God to bless us with peace three times a day (Silent Prayer). “Rabbi Shimon Ben Gamliel said, ‘the universe is sustained by three entities; judgment, truth and peace.’” (Ethics of Our Fathers 1:18) Unity is the key to survival. (See Rashi, Genesis 11:9)

But traversing into an exalted future necessitates understanding the mechanical failures of the past. If we ignore them they will hoist their ugly head again.

What was the problem? Sometimes the obvious stares us in the face. Darash Moshe (at locum) by Rabbi Moshe Feinstein points out that Korach’s statements were indicative of the problem.

“The whole congregation is holy. Amongst them is God. Why do you raise yourselfs above the congregation of God?”(Numbers 16:3) Korach’s message; we don’t need you. We’re the same. We understand God’s world equally. A teacher, guide and leader is futile. We can guide and teach ourselves.

That attitude is akin to claiming one doesn’t need a karate sensei. I can master it myself. All I have to do is visit the library and purchase Karate For Dummies. We all know that such perspectives are fallacious. It’s not enough to read and see diagrams to master a skill. One needs apprenticeship. Literally and figuratively, a teacher takes a student’s hand and guides him through motions of standing, striking and defending. Tradition passes from teacher to student.

But where there is smoke there is fire. Korach challenged the actual word of God. He asked Moshe if a house full of Torah books requires a Mezuzah. Moshe answered yes. Korach laughed. If one mezuzah is sufficient for a house that has no Torah books, certainly a house of Torah books doesn’t require a mezuzah? (Medrash Rabba, Ibid 18:3)


Korach’s challenge was emblematic of dissenters of God. They say I know better. “Elazar Ben Puria suggested to Yanai the Monarch that he murder all the Jewish Sages. If I do how will Torah be studied, he inquired? This evil man replied that the Torah Scroll is rolled up in the Ark. Whoever desires to study it can do so.” (Kiddushin 67a)

The truth is we don’t know better. We can only continue to climb the mountain of spiritual triumph towards unity and peace if we grasp that we stand on ground that was laid by those that came before. When this realization surfaces in our consciousness the road to revival of unity will be paved and we will again merit the utopian state of our people.