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When Bnei Yisrael proclaimed "Naaseh Ve-nishma" (we will do and we will listen) they did so without knowing what they were accepting upon themselves. This apparently constitutes a case where a person obligates themselves with something which is neither fixed nor understood (katzur ve-yodaya) and the Rambam holds that an agreement of this nature is in no way binding!

The Beit Ha-Levi explains this problem by differentiating between when a person obligates themselves with something that they don't understand the dynamics of and a case where a person sells themselves as an "eved" (slave). In the first case, obviously you can't obligate someone without their knowledge but in the second case, when someone sells themselves as an "eved" they automatically accept the fulfillment of their mothers wishes.

This was the nature of the acceptance of Bnei Yisrael, they didn't accept the Torah as a blind acceptance of whatever comes we'll accept, rather they accepted the Torah as a transferal of their entire bodies to Hashem as does a slave to his master. Thus, when Hashem states "Ki Li Bnei yisrael avadim" ("The Jewish nations are My slaves") it is understood that the Bnei Yisrael have an obligation to fulfill the Divine will despite not accepting this will as an informed consumer.

[Prepared by Jarred Myers]

The mitzva of Shemitta as it appears in the Torah seems to have various purposes. If we look at Shemot 23:10-11 the purpose seems to be a form of charity and a concern for public welfare. Later in Shemot 34:21 (as understood by Rabbi Akiva in the talmud) the purpose seems akin to our weekly Shabbat - a period of rest. In this week's parasha the mitzva takes on a new meaning.

In this week's parasha we find a description of Shemitta (Numbers 25:1-7. As in Shemot the Shemitta year is referred to as the Shabbat, yet the "Sabbath" appears in two forms. In verse four we read:

Most often it is explained that the purpose of Shemitta (apart from an agricultural need) is to allow the people to rest and invigorate themselves with Godliness and holiness. This is true. There seems to be however a further level. The land itself contains a holiness that must be guarded and sanctified. From chapter 18 of Vayikra essentially through the end of the book we are taught of the centrality and indeed holiness/purity of the land of Israel. We are enjoined to act according to particular standards so as not to defile the land. (Even the command of the holidays in Emor can be seen as a discussion regarding the land for it discusses the agricultural nature of the festivals).

We must be aware that the land is God's. God has chosen a special piece of His earth and has inherently and eternally bound the Jewish people to this land and the land of the people through the Torah. It is our responsibility, through our actions both with God and all the more so with our fellow man to further sanctify God's land. We can see that Shemitta is indeed for all the reasons we have mentioned above. It is our rest and spiritual recharging. It is our assistance to the needy. Finally, through both of these, it is our connection to the Land of Israel.

[Prepared by Aytan Kadden]

Shabbat HaAretz

Parashat Behar commences with the mitzva of shemitta, the sabbatical year. Included in this charge

That is, on one hand during shemitta it is forbidden to work the land; while on the other hand, with regards produce (of fruits) that does grow we are specifically charged that we should eat them.

Rashi (France 1040-1105) on the verse comments:

The Rambam (Spain-Egypt d. 1204) in the legal work Mishne Torah gives more elaboration on the special qualities of the produce of the shemitta year.

Also, as Rashi had already alluded, it is forbidden to do commerce with shemitta food (6:1). Shemitta produce cannot be eaten at all times, but only when the fruits are considered to be in their prime condition. On one hand, fruits that are premature, that are not fully formed, should not be brought into the house to be eaten, but they may be eaten in the field (5:15). On the other hand, "the fruits of shviit (shemitta) are only eaten when the same species is still found in the field." (7:1). That is, once the species is no longer found in the field one may not eat from it or must give up all ownership; this is referred to as 'biyur'. In fact, the fruits of shemitta are considered - kedushat shviit.

We see that shemitta is not just about prohibition from working the land, but also about how the produce of shemitta is special and holy. One can say that the fruit of shemitta are meant to be consumed in a more natural, pure way. Included in this purism , we eat only fruit when it is ready and still available for the animals in the field, the produce is not an item for commerce, but is consumed in its normal format. One can pursue this idea further, that more than being natural, the fruit of shemitta should fulfill its primordial, original purpose. For instance, trading with fruit is missing or denying the fruit's purpose. We can further offer that this natural purposeful existence was the reality in the Garden of Eden, where Adam could eat from all trees (excluding the tree of knowledge) in its natural state, no commerce, no hoarding, no food industrialization. With shemitta we are attempting to return to a Garden of Eden-like existence, where even (or especially) the fruits realize their purpose.

In several months the shemitta of 5761 will start. It is desirable to study, to an appropriate level, about this special year. We should keep in mind that shemitta has several philosophical aspects, including the one discussed here, that in shemitta produce is treated in a natural, purposeful state, a situation that replicates the Garden of Eden.

[Prepared by Larry Goldsmith]

The Price of Tea in China

This weeks parasha begins with the classic seemingly irrational juxtaposition in Jewish literature. God commands Moshe regarding shemitta (The Sabbatical Year) at Mt. Sinai. Since the location of the command seems unnecessary, the commentators deal with the question, "What does shemitta have to do with Mt. Sinai???" This cry has withstood the test of time and even serves as the Jewish version of the question "What does that have to do with the price of tea in China?"

Other difficulties regarding this parasha exist as well. The continuum of Emor and Behar deal with special events throughout the Jewish calendar. How does this fit in with the first seven parshiyot of Vayikra which, on the most obvious level, deal with human holiness and purity.

The final question relates to the beginning and end of the parasha. The last verse of Behar repeats the verse from Kedoshim "And you shall keep my Sabbath and awe my Mikdash, I am G-d." Significantly, the two institutions mentioned here, Sabbath and Mikdash, parallel the two institutions which our parasha opens with, Shemitta and Mt. Sinai. Shabbat and shemitta contain an obvious relationship - they both become holy as the seventh unit of cycle. Mt. Sinai and the Mikdash as well, though less obvious, correspond, especially according to the Ramban, for whom the Mikdash represents a concretization and perpetuation of the Sinai experience the connection becomes quite compelling.

The two imperatives associated with Shabbat and Mikdash at the endof this weeks parasha, "Mora" and "Shmira," highlight two different themes which essentially exist in both. Shmira emphasizes the holiness of the institution in and of itself. Mora articulates the idea that this fixture stands as an asylum from the mundane. The awe associated with Mikdash stems from the fact that it contrasts the remainder of all other places. These two elements become floating categories which can be applied to nearly any type of holiness - independent holiness and contextual holiness. As we have seen throughout the last fifteen parshiyot, ever since the Revelation at Mt. Sinai, both types of holiness can permeate all three dimensions of creation - Time, Space and Spirit. The beginning of Sefer Vayikra deals thoroughly and primarily with human holiness, from the Kohein Gadol (High Priest) down to the Jew at work. In Emor the Torah turns to holiness in time, and this continues through Behar as well.

The part of Behar which lies sandwiched between the bookends of Shemitta/Mt. Sinai and Shabbat/Mikdash deals primarily with Shemitta and Yovel (Jubilee) but contains an interesting theme. Many commandments mentioned here deal with normal, everyday business transactions but then relate back to Shemitta somehow. Everything seems to point to the overarching idea that "Le-Hashem Haaretz Umloah" - the world is God's. All wealth and prosperity comes as His gift, and we must use it accordingly. This means honesty, charity, and even a prohibition of overcharging (after all of that, it still has something to do with the price of tea in China). Shemitta embodies this aspect of holiness - spending a full year reliant on God for sustenance puts the wealth of the ensuing six years in a totally different perspective. Of all of the times imbued with holiness, that of Shemitta seems to highlight specifically the aspect pertaining to contextual focus- Mora. The religious awareness supplied by Shemitta relates directly to our behavior during the six non- Shemitta years. Shemitta itself, however, has very few commandments dealing with active holiness such as special prayers or mitzvot (Yovel, on the other hand, may be exactly like Shemitta in action, but highlight more of the second aspect of kedusha- Ve-kidashtem et shnat ha-chamishim [Sanhedrin 13b]).

At the opposite end of the spectrum lies one institution which stands as pure independent holiness unrelated to environment or context. For one brief moment in history, there was a place where God and man first met face to face. It was a holy place - no man could set foot upon it (in line with Shmira- restrictive action, unlike Shemitta, where the restriction serves as a reminder, here it establishes transcendence) - but nevertheless, its holiness did not overflow into the surrounding areas to the degree that it does in Jerusalem and Israel (there are 10 concentric levels of holiness from Israel into the Holy of Holies). This place, of course, was Mt. Sinai.

Significantly, we can now see that the mention of Mt. Sinai fits extraordinarily well with the section on Shemitta- they mark the extremes of the different aspects of holiness. However, to remind not to always focus upon extremities and to realize that holy institutions can embody both aspects, the Torah implores us "Shabtotai tishmoru u-Mikdashi tira'u." Shabbat, besides becoming the spiritual focus of the entire week, must contain the independent, transcendent element as well. Mikdash perpetuates the Sinai experience to this day, and has at its center the Ark containing the shattered remnants of the first tablets- the only vestige of the initial Sinai encounter. Nevertheless, it must stand at the center of our national religious geography and consciousness. We must introduce this element of Mora into Mikdash. What a fitting conclusion to a fifteen parasha excursion into the definition, perpetuation, and hierarchical implementation of the Jewish idea of Holiness.

[Prepared by Elli Fischer]

In this week's parasha we find the laws of looking after our fellow Jew financially and of not taking interest on loans to our fellow Jews. What do we learn from these laws?

The first law is to look after our fellow when he becomes impoverished. According to Rashi, the emphasis is on helping him before he falls. As happens in business, an injection of funds before it is too late can turn a prospective bankruptcy into a viable concern. The help now is a lot cheaper, financially to the helper(s) and emotionally to the recipient, than allowing one's fellow to fall all the way into poverty. The law, then, has two implications: that we should look after our impoverished fellow Jew with our money and that we are responsible to be proactive about looking after each other, not waiting for the knock on the door of our fellow reduced to begging.

The second law is to lend to our fellow Jew without charging interest. As in the first law, we are being asked to part with our hard-earned money. But here we are temporarily giving away our access to capital that we could be investing or enjoying and we are doing it for free. We cannot even accept a gift as a token of gratitude! For the receiver, though, we can see that this is a very honorable way of receiving help. Borrowers, free from the demands of interest, are able to set themselves up on their feet, yet at no cost to their self-respect.

Both these laws involve giving of our money to help others. They also involve using it efficiently and using it in a way that preserves the self-respect of the needy. All this makes good sense. Yet we still do not know why we should be using our money in this way. This is the message of the end of our quote:

God gives us everything we own, just as he gave our people the land of Canaan. He gives us all that we have and so He has the right to command us to use some of it to help each other. He commands that that help be as respectful to the recipient as possible.

May we merit to use some of our God-given earnings to respectfully help others rebuild their lives.

[Prepared bySamuel Jackman]

Parashat Behar opens with the mitzva of shemita. Curiously, before the Torah proceeds to tell us about the seventh year, it first tells us about the six preceding years: "Six years you shall sow your field and six years you may prune your vineyard and gather in the field." Why does the Torah tell us what to do during the non-shemita years? As I once heard a certain halakhic authority put it, "Everything is permissible until proven forbidden." Why does the Torah need to specifically sanction agricultural work during the six years prior to shemita?

Rav Moshe Feinstein zt"l suggests (as his second answer) that "a person must know that even when he works the land during the six years, this also constitutes the Divine Will, namely, because of the mitzva of settling the land" (translation from Hebrew my own). The Torah here issues a subtle reminder that although no restrictions apply during the six years of agricultural activity, this work must nevertheless be seen in its religious context. The will of God does not apply only to areas where a specific imperative or prohibition is in force. Even during the six non-shemita years, one has the opportunity - and hence, the obligation - to serve the Almighty.

When it comes to tilling the land, as Rav Moshe posits, the religious dimension is clear - the mitzva of setthe Land of Israel. The principle, however, perhaps applies to other areas, as well. The Torah employs a similar format in several places when presenting the mitzva of Shabbat. Consider, for example, the fourth of the Ten Commandments: "Six days you shall labor and do all your work, but the seventh day is Shabbat…" Here, too, the Torah may be indicating to us that we fulfill - or ought to fulfill - the Divine Will even as we go about our daily routine during the six workdays. One must direct his everyday life towards the attainment of lofty ideals, rather than immersing himself in the mundane with a brief breath of fresh, spiritual air on Shabbat and festivals.

A bit later in the parasha, God guarantees Benei Yisrael that they need not fear financial upheaval as a result of shemita observance. He assures them that He will send His special blessing to the fields, and they will supply sufficient produce for the nation's needs during shemita as well as the following year. Herein lies the critical message of shemita - the recognition of the Almighty as the ultimate source of success. This awareness must accompany not only the observance of shemita itself, but rather our observance of the opening verse - "Six years you shall sow your field and six years you may prune your vineyard and gather in the field." We must conduct our daily work with a sense of religious conviction, infusing our activity with spiritual substance at recognizing that God alone determines the outcome of our ongoing endeavors.

[Prepared by David Silverberg]

Amidst its discussion of the laws of shemita and yovel, the Torah inserts the prohibition of verbal abuse (25:17). Of what relevance is this prohibition to the laws of shemita and yovel?

Rav Moshe Feinstein explains that the section dealing with yovel addresses situations in which one has come upon financial straits that compel him to sell his estate or even himself (as an indentured servant). Chazal explain that the Torah specifically discusses the these unfortunate circumstances following its discussion of shemita in order to teach us that poverty comes as a punishment for neglect of the mitzva of shemita. This is why, suggests Rav Moshe, the issue of verbal abuse appears in this context. Given that the Torah itself alludes to the punishments for certain sins, one may attempt to utilize this tactic in his offering of rebuke to others. In the course of criticizing another, one may claim that he should attribute a certain failure or crisis that he experienced to his inappropriate behavior. However sincere the motives behind such comments, says Rav Moshe, this type of rebuke falls under the category of "ona'at devarim," verbal abuse, and is outright forbidden by the Torah.

If this interpretation is correct, then the primary instance of verbal abuse addressed by the Torah is one of rebuke, a situation where one seeks to offer constructive criticism to another. This verse would then be another example where the Torah issues a general prohibition in a specific context particularly conducive to the violation of the given prohibition. For example, the Torah presents the prohibition of hitting another person specifically in the context of a criminal sentenced to lashes. The court representative is forbidden to issue even a single extra whip, and from here we learn the general prohibition of hitting others (Devarim 25:3).

Similarly, the Torah here addresses a situation of rebuke, itself not only a noble cause, but a mitzva (see Vayikra 19:17). In such a situation, the recipient of the criticism is especially vulnerable to emotional distress. It is never easy to listen to another criticize one's behavior. Therefore, specifically in this context the Torah issues the prohibition against hurting another verbally, a prohibition that applies at all levels of interaction among people.

[Prepared by David Silverberg]

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