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VAETCHANAN
MOTZAEI SHABBAT
In Parashat Vaetchanan Moshe informs Benei Yisrael that upon
entering Eretz Yisrael, they will take possession of “homes filled with
all goods, which you did not fill” (6:11).
The Gemara in Masekhet Chulin (17a) interprets this verse to mean that
Moshe granted Benei Yisrael permission to partake of the food of the
indigenous Canaanites, despite its not meeting the Torah’s dietary code. An exceptional provision – to which the
Gemara refers as katli de-chaziri, or “pots of swine” – permitted the
Canaanites’ food for consumption during the period of conquest, and hence Moshe
speaks of Benei Yisrael enjoying the
“goods” discovered in the Canaanites’ homes.
The Gemara introduces this unique halakha amidst its discussion of
the meat Benei Yisrael brought
with them into the Land of Israel. According to Rabbi Akiva, the
requirements of shechita (slaughtering) as a necessary condition for
partaking of an animal’s meat did not apply during Benei Yisrael’s travels in the
wilderness. During this forty-year
period, it was permissible for them to partake of meat without performing
shechita. The Gemara raises
the question of whether, according to Rabbi Akiva, Benei Yisrael’s
leftover meat remained permissible when Benei Yisrael crossed the Jordan River
into the Land of
Israel, when
shechita became required. On
the one hand, the meat was already considered permissible, and thus should
perhaps retain that status regardless of the change of location. On the other hand, once they entered the
land and the requirements of shechita took effect, this meat should
perhaps be deemed forbidden for consumption.
The Gemara initially clarifies that this question bears relevance only
regarding the period following the years of kibbush ha-aretz (the land’s
conquest). After all, during the
period of conquest, as we saw, Benei Yisrael were allowed to partake of
non-kosher food; certainly, then, it was permissible for them to partake of
their leftover meat produced before they crossed into the land. Thereafter, however, the Gemara notes
that this question actually pertains to the period of kibbush, as well,
because, as the Gemara comments, “what was permissible – the spoils of the
gentiles; their own [food] was not permissible.” Since the special provision pertained
only to the non-kosher food of the Canaanites, and not Benei Yisrael’s own food, the question
concerning the status of their leftover meat was indeed relevant even during the
period of conquest.
The Rashash notes that the Gemara appears to express some ambivalence
with regard to this premise. As mentioned, the Gemara initially assumes that the
question asked regarding the status of the leftover meat pertained only to the
period after the land’s conquest, because during the land’s conquest all
non-kosher food was in any event permissible. It seems that the Gemara at least
briefly considered the possibility that even Benei Yisrael’s own food
provisions were permissible for consumption regardless of whether or not they
met the standards of kashrut.
The Rashash proceeds to raise the question of how the Gemara could even
conceive of such a possibility.
After all, the Gemara elsewhere (Ketubot 25a) explicitly establishes that
the obligation of chala – to separate a portion of one’s dough as a gift
to a kohen – took effect immediately after Benei
Yisrael entered the land, even during the years of conquest. The Gemara in fact infers this
halakha from a verse in Sefer Bamidbar (15:18). Now if all non-kosher food was
permissible during the period of conquest, then the laws of chala should
not have applied in those years, as the dough would be permissible even without
separating chala. Seemingly,
if Chazal made a point of expressly stating that
Benei Yisrael were bound by the obligation of
chala even during the years of conquest, then we must conclude
that the Torah’s dietary laws indeed applied in this period, except with regard
to the Canaanites’ stockpiles of food.
The Rashash answered by suggesting a possible distinction between the
obligation to separate chala and the forbidden status of dough from which
chala has not been separated. In principle, we could conceive of a
situation where a Torah obligation requires separating chala, but failure to do so does not
render the batter forbidden for consumption. Therefore, the fact that the
chala obligation took effect immediately upon Benei Yisrael’s entry into Canaan did not necessarily mean that their dough was
forbidden for consumption until this mitzva was fulfilled. Accordingly, there is no proof from the
chala obligation that the laws of kashrut applied during the years of kibbush ha-aretz.
Rav Avraham Yitzchak Sorotzkin, in his Rinat Yitzchak, notes that the Rashash’s perspective on
the obligation of chala differs from the position expressed by the
Magen Avraham (O.C. 8:1). The Magen Avraham writes,
“Separating chala is not so much a mitzva – for one performs no
[mitzva] act other than preparing his food, similar to
slaughtering…” According to the
Magen Avraham, separating chala from one’s dough does not fulfill any
mitzva, but rather allows one to partake of the
dough, which would otherwise be forbidden for consumption. The Rashash, in his analysis, clearly
held a different view, and acknowledged a mitzva to separate chala independent of the need to avoid
transgressing the prohibition of eating grain products from which chala had not been
taken.
David
Silverberg
SUNDAY
In Parashat Vaetchanan, Moshe recalls the event of Ma’amad Har Sinai (the Revelation at Mount Sinai) and reviews
the Ten Commandments. A number of
minor differences exist between Moshe’s text of the Ten Commandments here, and
the text in the Torah’s initial account, in Sefer Shemot. One such difference relates to the ninth
commandment, the prohibition against rendering false testimony. In Sefer Shemot (20:13), the Torah
forbids serving as an “eid
sheker” (“false witness”), whereas
here, in Parashat Vaetchanan, the Torah speaks of an “eid shav.”
The word shav can at times be used synonymously with
sheker, but could also mean “meaningless” or “for naught.” Instinctively, we might assume that in
the context of the ninth commandment it is used as a reference to falsehood, and
is thus functionally equivalent to the word sheker. Indeed, the Rambam, in his Sefer Ha-mitzvot (lo ta’aseh 285), writes explicitly that the verse in
Parashat Vaetchanan is simply a repetition of the prohibition introduced in
Sefer Shemot.
The Ramban, however, in his commentary to this verse (here in Parashat
Vaetchanan), claims that the prohibition of “eid shav” introduces an additional aspect of the
prohibition against false testimony:
…it forbids
testifying against one’s fellow even regarding an inconsequential matter that
will not render him obligated in anything by the court, such as if one
testifies, “So-and-so said he would give a hundred [coins] and they made no
kinyan [formal act of acquisition],” for shav means a
meaningless thing….
According to the Ramban, the word shav in this verse indeed denotes something that
is meaningless or purposeless, and thus refers to inconsequential
testimony. He presents the example
of a witness who testifies that a certain person expressed his intent to give
another individual a sum of money, but they never made a formal agreement (such
as with a handshake and the like).
Such testimony, even were it true, serves no purpose, because a verbal
commitment without a formal act of agreement is not legally enforceable. Nevertheless, the Ramban writes, it is
forbidden on the grounds of edut
shav (“meaningless
testimony”). The use of the word
shav in this verse extends the prohibition of
false testimony to include testimony that would not adversely affect the
individual in question.
The Minchat
Chinukh (37) questions the
Ramban’s view, arguing that one cannot possibly transgress the prohibition of
false testimony if the testimony is any event legally inconsequential. He gives the example of a person who
testified that his fellow ate a certain food, while in fact that individual had
not eaten that food. Here, too,
even had the testimony been true it would not have yielded any legal
consequences whatsoever, and it therefore can hardly be considered “testimony”
at all. It thus seems difficult to
imagine such a “witness” violating a prohibition against testifying
falsely.
One possible explanation of the Ramban’s position was suggested by Rav
Yekutiel Yehuda Halberstam, the Sanz-Klausenberger Rebbe (as cited in the
journal Moriah, 20:23). Rav Halberstam claimed that the Ramban
speaks of situations where even meaningless testimony nevertheless besmirches
the individual’s reputation. In the
example that the Ramban mentioned, a person testifies that his fellow made a
verbal commitment which he failed to execute and later denied. Despite the fact that the court cannot
compel the individual to render payment on the basis of such testimony, the
testimony nevertheless harms that person’s reputation of honesty and
dependability. By contrast, in the
case described by the Minchat
Chinukh, no harm is caused to a
person as a result of false testimony that he ate a certain permissible food,
even if he in fact did not eat that food.
Thus, according to Rav Halberstam, the Ramban extended the prohibition of
false testimony to include situations of purposeless testimony only if the
testimony somehow causes any sort of damage to the person or his
reputation. Even though the court
cannot act upon the testimony, it constitutes a Torah violation insofar as it
harms the individual’s good name and social
standing.
David
Silverberg
MONDAY
Yesterday, we discussed the Ramban’s comments concerning the ninth of the
Ten Commandments as recorded in Parashat Vaetchanan, where he claims that the
Torah forbids rendering false testimony even if the testimony has no legal
consequence. According to the
Ramban, the second account of the commandments uses the term eid shav, which literally means, “a meaningless
witness,” to indicate that one violates this prohibition by testifying falsely
even if the court in any event cannot act upon the
testimony.
A number of later scholars noted that the Ramban himself appears to
express the precise opposite view elsewhere in his writings. In his Milchamot Hashem to
Masekhet Sanhedrin (86), the Ramban addresses the case of two witnesses who
falsely testified that a certain individual kidnapped a person. According to Torah law, this crime is
punishable by the court only if the kidnapper then proceeds to sell the victim,
and therefore testifying to only the act of kidnapping yields no legal
ramifications. There is no
restitution payment in such a case, because there was no theft or property
damage involved, and there is no corporal punishment because the witnesses do
not testify about the sale of the alleged victim. The Ramban thus writes that witnesses
who testify falsely to this effect are not liable for violating the prohibition
of false testimony, because, in the Ramban’s words, “false witnesses do not
receive lashes for merely uttering with their lips.” This prohibition pertains only to formal
testimony, and a report that yields no legal consequences cannot be considered
“testimony” in this regard.
Similarly, in his commentary to Masekhet Makkot (2), the Ramban
establishes that witnesses are not liable to punishment for falsely testifying
that a person is obligated to pay kofer (“ransom”). A person pays kofer when his ox kills somebody after he had
been warned to restrain the animal.
This payment, however, serves as personal atonement for the ox’s owner,
rather than as restitution, and, as such, nobody can bring the owner to court to
demand this payment. (In halakhic
jargon, this kind of payment is considered “mamon she-ein lo
tove’in.”) Hence, the
Ramban claims, witnesses who come to court to testify that an ox killed a
person, thus rendering the owner liable to kofer, achieve nothing more than informing the
owner of his obligation. As far as
the court is concerned, the testimony serves no purpose, since they cannot
enforce kofer payment. The Ramban therefore contends that if
witnesses falsely testify about a kofer obligation they are not liable to
punishment for violating the prohibition of bearing false
witness.
At first glance, it appears that the Ramban took a different position in
his Talmudic writings than he did in his Torah
commentary.
However, Rav Zalman Nechemya Goldberg of Jerusalem (in an article in the volume
Shilo, 5743) suggested an approach to reconcile
these seemingly conflicting passages.
In his discussions in the Milchamot Hashem and his commentary to Makkot, the Ramban
speaks specifically in terms of the false witness’ liability to malkot (lashes). It appears that even in cases of
inconsequential false testimony – such as regarding kidnapping and kofer – the witnesses indeed transgress the Torah
prohibition, but they are nevertheless not liable to corporal punishment. The reason for this distinction, Rav
Zalman Nechemya suggests, might relate to the Gemara’s discussion toward the
beginning of Masekhet Makkot (2b) concerning the punishment for rendering false
testimony. The Gemara comments that
this prohibition falls under the category of lav she-ein bo ma’aseh – a violation transgressed without
performing a concrete action.
Generally speaking, one does not incur corporal punishment for
transgressing prohibitions of this sort, and thus in principle, a false witness
should not be liable to malkot.
However, the Gemara infers from a verse later in Sefer Devarim
(“ve-hitzdiku et ha-tzadik
ve-hirshi’u et ha-rasha” – 25:1)
that a special provision requires administering malkot to convicted false witnesses, despite the
fact that the violation entailed no concrete action. Conceivably, the Ramban limited this
provision to standard cases of testimony, to the exclusion of situations of
inconsequential testimony.
Generally, an exceptional halakha that does not follow standard halakhic
guidelines is presumed to apply to the minimal extent. Here, too, the Ramban may have felt that
the unique provision calling for malkot in the case of false testimony applies only
to standard situations of false testimony.
But when witnesses violate the prohibition of “eid shav,” which the Torah introduces in the second
account of the Ten Commandments, then the special provision requiring malkot does not
apply.
Accordingly, the Ramban is indeed consistent in extending the Torah
prohibition to include cases of inconsequential testimony, but he simply
restricts corporal punishment for this prohibition to cases of testimony that
would yield legal consequences.
David
Silverberg
TUESDAY
Moshe admonishes Benei
Yisrael toward the beginning of
Parashat Vaetchanan, “You shall observe and perform [these laws], for this is
your wisdom and insight in the eyes of the nations, who will hear of all these
statutes and say, ‘Indeed, what a wise and understanding people is this great
nation!’” (4:6). Whereas at first
glance it appears that our rituals, observances and lifestyle seem peculiar to
other peoples, and serves as a source of shame and derision, in truth, faithful
compliance with the Torah’s laws brings Benei Yisrael great esteem
and admiration on the part of the nations of the world.
Rav Yosef Shaul Nathanson, in his work Divrei Shaul (Mahadura
Tanina), raises the question of why Moshe speaks in this context
specifically of chukim
(“statutes”). This term is
generally reserved for those mitzvot whose underlying rationale eludes human
comprehension, or at least cannot be definitively ascertained. Seemingly, these externally “irrational”
mitzvot appear less likely to earn the admiration and respect of
gentile nations than the Torah’s legal and ethical codes, those laws which are
eminently understandable. Why will
specifically the chukim invite the esteem of the other
nations?
The Divrei Shaul suggests that when people hear of a seemingly
irrational edict issued by the king of a foreign country, they will likely reach
one of two conclusions. Namely,
either the king is cruel and insensitive, and therefore imposes laws purely for
the despotic purpose of demanding obedience, or, the populace is intelligent
enough to understand the value and rationale of the edict, even without the
king’s explanation. Here, in
Moshe’s presentation to Benei Yisrael, he exclaims in the subsequent
verse, “For who is such a great nation that has a God close to it – like the
Lord our God, whenever we call to Him?” (4:7). When the other nations observe God’s
special protection of Benei Yisrael, they will have no choice but to
reach the second of the two conclusions mentioned above. Seeing God’s loving kindness toward His
people, the people’s acceptance of the chukim can only be explained as a
function of their ability to discern the value of these laws even when they seem
irrational and purposeless.
Rav Shimshon Refael Hirsch, in his commentary, obviates the need to raise
this question by suggesting an entirely different interpretation of the word
chukim in this context. In
his view, the term here refers not to the narrow category of laws that appear
irrational, but rather to the singular quality of permanence that characterizes
all the Torah’s laws and distinguishes them from manmade laws. What will impress the other peoples,
Moshe promises, is specifically this feature of eternal relevance, the
suitability and applicability of the mitzvot to every time and
place. Rav Hirsch
writes:
Other nations seek incessantly for some measure of state
wisdom which could fit conditions of life which are constantly, unceasingly
changing. And because their
legislatory efforts only spring from the shortsighted narrow thoughts of the
human brain, only seeing the superficial nature of things, their rules are in a
constant state of flux, and what today is proclaimed as the right and wise means
for ensuring happiness and well-being is buried tomorrow as pernicious
folly. Only the Jewish nation has
an everlasting measure for the duties of the whole of its internal and external
private and public life, to which it can submit, with full confidence, its
personal and national life for all times, knowing that just by this submission
to God’s Torah, it makes itself lord and master of its own fate.
Laws conceived by man, by definition, cannot address the
concerns, needs and realities that emerge with the advent of fundamentally
different life conditions. Herein
lies the great “wisdom” of the Torah’s eternal chukim. Having originated from the all-knowing
God, they allow Am Yisrael to rely confidently on the value and benefit
of these laws and statutes, despite whatever changes and upheavals unfold. What to us are unforeseen circumstances
were most certainly foreseen by the Giver of the Torah, and we can therefore
rest assured that this Torah remains equally relevant, meaningful and binding at
all times and under all circumstances.
David Silverberg
WEDNESDAY
In Parashat Vaetchanan, Moshe commands the people, “Do not test the Lord
your God as you did in Masa” (6:16).
He refers here to the incident of Masa U-meriva, recorded in Sefer
Shemot (17:1-7), where Benei Yisrael protested to Moshe about the
unavailability of water. In
presenting this narrative, the Torah does not describe the people as
“complaining” to Moshe, as it does in other contexts, but rather relates that
the people “fought” (va-yarev) with Moshe. Apparently, their objections ran deeper
than simply the practical issue of water resources. Indeed, that narrative concludes by
informing us that in voicing their protestations, the people “tested” God by
asking, “Is the Lord indeed in our midst, or not?”
Thus, in the incident of Masa U-meriva, the people not merely
demanded water, but also hinged their religious belief on the presence of
water. The question of “Is the Lord
indeed in our midst,” in their minds, would be answered by the availability or
unavailability of water. If they
were led into the wilderness without water, then they could no longer attribute
the Exodus and all that followed to the power and grace of the Almighty. Thus, the issue of water resources
became a “test” whereby Benei
Yisrael would determine whether
they were indeed led by and cared for God through their
travels.
Here, in Sefer Devarim, Moshe warns Benei Yisrael not to
repeat this mistake of their parents’ generation once they enter and settle the
land. They mustn’t hinge their
faith and commitment to God on the immediate and straightforward conquest and
settlement of Eretz Yisrael.
They are to remain steadfastly committed to God and His Torah even in the
face of crisis and hardship, rather than condition their commitment on immediate
and unbridled success.
The Ramban, in his commentary to this verse, cites as an example of
“testing God” a verse from Sefer Yirmiyahu (44:17): “then we were satiated with
bread, we were well off, and we endured no evil.” The context of this verse is the
response of the Judean refugees in Egypt to Yirmiyahu’s prophecy condemning their
decision to settle in Egypt and embrace pagan
practices. These survivors of the
kingdom’s destruction brazenly rejected Yirmiyahu’s criticism, and responded
that while they and their predecessors had worshipped foreign gods in Judea, they enjoyed stability and prosperity. They claimed that it was only when they
ceased these practices that calamity struck, and it is therefore in their best
interest to continue their idolatrous rituals in spite of Yirmiyahu’s
warnings.
According to the Ramban, this response exemplifies the kind of “testing”
that the Torah here forbids. Our
fealty to God must be unconditional and well beyond the need for any sort of
“verification” on His part. Moshe
demands that we firmly and unwaveringly adhere to the Torah come what may, even
if we do not see any clear and obvious “results” of our observance.
David Silverberg
THURSDAY
The Torah in Parashat Vaetchanan (4:41) relates that Moshe, prior to his
death, made a point of designating three cities to serve as arei miklat, cities of refuge for inadvertent
killers. Earlier, in Sefer Bamidbar
(35:14), God had commanded Benei Yisrael to set aside six cities
for this purpose, three in the mainland of Eretz Yisrael, and three on the recently-captured
territory east of the Jordan River, which was settled by the tribes of Reuven
and Gad (and half of Menashe).
Moshe was denied permission to cross the Jordan
River together with Benei Yisrael, and thus he did not have
the opportunity to prepare all six cities.
Instead, he prepared only the three cities east of the Jordan,
where Benei Yisrael were currently encamped.
The Midrash (Devarim Rabba 2) lauds Moshe’s zeal and devotion to
mitzva observance as manifest
in his efforts to prepare the three cities of refuge. Halakha stipulates that all six
cities are dependent on one another with regard to their status as arei
miklat; they do not begin functioning as cities of refuge until all six are
formally designated. Hence, the
Midrash notes, the three cities prepared by Moshe did not begin functioning as
arei miklat until after his
death, but he nevertheless exerted himself in this endeavor, out of his desire
to perform as many mitzvot as possible. The Sages apply to Moshe the proverb,
“Ohev mizvot lo yisba mitzvot” – “One who loves mitzvot is not
satisfied with mitzvot.” Somebody who truly recognizes the worth
and value of each mitzva will pursue every mitzva opportunity that presents itself, even
those that he can only partially fulfill.
The Midrash compares Moshe in this respect to King David, who was denied
permission to build the Beit
Ha-mikdash, but nevertheless
exerted himself tirelessly in preparing for the Temple’s construction. As in the case of Moshe, David knew
ahead of time that he would not live to see the final result. But in his zeal and passion for
fulfilling mitzvot, he ensured to complete as much of the
mitzva as he could.
It is interesting to note the stark contrast between the two mitzvot discussed by the Midrash – Moshe’s
involvement in preparing arei
miklat, and David’s work to
prepare for the Mikdash.
The Temple was the site of pure sanctity, an
idyllic, spiritual reality, a place where man encountered the
Shekhina in the most direct manner possible. The arei miklat, by contrast,
represent an entirely different kind of mitzva, namely, mitzvot that relate to the imperfect, problematic
realities of life. Here we deal not
with holy sacrifices and communion with the divine presence, but rather with the
more mundane issues of wrongful death, vengeance, and the safety of a
fugitive. The mitzva
of the Mikdash involves the pursuit of lofty spiritual goals, while the
law of arei miklat entails the Torah’s guidelines for handling
the unfortunate circumstances that arise in day-to-day
life.
This Midrashic passage thus perhaps seeks to emphasize the importance of
zeal and fervor in performing both kinds of mitzvot.
Some people might instinctively reserve their religious energies for the
more elemental, down-to-earth aspects of Jewish practice, feeling intimidated or
otherwise unable to relate to the lofty concepts of sanctity, purity and
spiritual feeling. Others, however,
might approach Torah observance with the precise opposite mindset. They can show enthusiasm and feel
passion when it comes to the “Beit
Ha-mikdash,” the loftier, idyllic
concepts of kedusha and the
like, but find themselves unable to relate to the Torah’s practical guidelines
for normal, everyday life as a religious calling and a means of serving the
Creator. In their mind, avodat
Hashem is restricted to the sacred realm, and divorced from the mundane
realities of life.
But the Midrash teaches us to follow both models of zeal and enthusiasm,
the examples set by both Moshe and David.
We are not to shy away from any mitzva, from neither the more
inherently spiritual concepts of prayer and the like, nor the more “worldly”
laws and precepts that govern day-to-day living and the less-than-ideal
realities of the world. Both kinds
of mitzvot must be approached with conviction and love, and with an
appreciation of the inestimable value of each and every mitzva we
perform.
David Silverberg
FRIDAY
Parashat Vaetchanan includes the first paragraph of the daily
shema recitation, which makes mention of the mitzva of
tefillin (5:8).
Tosefot, in Masekhet Shabbat (49a), cite a Midrashic passage that raises
the question, “Tefillin – mipenei
ma lo hecheziku ba-hen,” which
literally means, “Tefillin – why did people not hold on to them?” At first glance, as Tosefot initially
assume, the Midrash appears to question the phenomenon of widespread negligence
with regard to this mitzva.
Indeed, Tosefot earlier cited a passage in Masekhet Shabbat (130a)
indicating that in Talmudic times many people disregarded the obligation of
tefillin, and it seems that the Midrash here seeks to explain the
reason behind this unfortunate reality.
The Midrash’s answer, however, does not appear to accommodate this
reading: “Because of the deceivers.”
It is very unclear why the preponderance of deceivers would prevent
people from wearing tefillin.
Tosefot therefore cite an entirely different reading of this passage in
the name of the Ri, who explained the Midrash’s question to mean, “Why do we not
presume the trustworthiness of people who wear tefillin?” People who faithfully observe this mitzva should, in principle, be presumed to
conduct their affairs honestly and speak the truth. The Midrash concludes, however, that we
cannot make such a presumption because of the “deceivers” who wear tefillin in order to give an appearance of piety and
thereby earn people’s trust. The Ri
drew support for his reading from a story told in the Talmud Yerushalmi
(Berakhot 2:4) of a person who entrusted an expensive article to his fellow, who
later denied ever receiving the object.
The object’s owner said, “It was not you whom I trusted, but rather this
thing on your head.” The individual
felt he could trust his fellow because he strictly observed the mitzva of tefillin, thus indicating that wearing
tefillin was somehow seen as evidence of truthfulness.
Rav Avraham Pam (as cited in Rav Shalom Smith’s The Pleasant Way) noted the significance of this theory
proposed by the Midrash. The
presence of tefillin on a person’s body is meant to raise the
individual to a higher standard. It
serves as a kind of “uniform” that designates the person as somebody committed
to the values and teachings of the Torah, the fundamentals of which are
inscribed inside the tefillin.
In principle, therefore, a person wearing tefillin should
be presumed to abide, at very least, by basic standards of ethical conduct,
honesty and integrity. It is only
due to the unfortunate phenomenon of “deceivers,” those who abused the
significance the tefillin to disguise themselves as ethical people, that
such a presumption cannot be made.
Rav Pam draws our attention in this context to the comments of the
Sefer Ha-chinukh (mitzva
220), who observed that many people in his day refrained from wearing tefillin because they deemed themselves
unworthy. Halakha requires wearing tefillin
in a state of guf naki (bodily cleanliness), which refers to full control
over one’s bodily functions. It
seems that in the times of the Chinukh, many people erroneously extended
this concept to apply even to spiritual cleanliness, and they therefore
“piously” withdrew from the mitzva of tefillin, lest their religious and moral
failings desecrate the sanctity of their tefillin.
The Sefer
Ha-chinukh essentially writes
regarding such people that to the contrary, they should specifically make a
point to wear tefillin and allow it to serve its purpose of
inspiring them to a higher standard.
He comments that the aforementioned account in the Yerushalmi, of the
tefillin-wearing friend who betrayed his fellow, was
not intended to discourage liars from wearing tefillin.
Rather, it meant to denounce religious hypocrisy and encourage those who
wear tefillin to strive to conduct themselves in all
areas in accordance with the values represented by the tefillin.
Nowadays, of course, virtually every religiously-committed Jew ensures to
wear tefillin every day as required by Halakha.
For us, the challenge is to allow this mitzva to serve its role in infusing us with a
self-identity that is based upon Torah values, and implement those values in all
areas of daily life.
David
Silverberg
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