Parshas Devarim
1:1a
Rashi provides us with a few ideas to ponder: 1) Moshe does
not cite the incidents where the Jewish People were insubordinate
to Moshe himself. The epitome of humility, Moshe never
aggregates to himself the right to be respected and obeyed
independent of the Divine authority conferred upon him. 2) As
the commensurate teacher, Moshe's scathing rebukes are couched
in allusion to allow the subjects of his scrutiny to maintain
face and self-respect. How easy it is for a paragon of virtue
and selflessness such as Moshe, to rail and carry on
self-righteously against those (especially those deceased) who
fall short of one's lofty standards. Moshe refrains from doing
so for the sake of giving more effective instruction. Of course
it would be more satisfying to vent all the pent up frustration
in a furious tirade of recounting faults and blunders. But where
will that get us? What positive impact will it have on the
listener? Hashem decided to record Moshe's entire sermon for
eternity not out of deference to Moshe personally, but because
these words were borne out of the desire to bring the Jewish
People closer and to be more responsible in their relationship
with God and for no other reason.
1:1b
One has to be brought to a wry smile when noting the similarity
between Moshe's rebuke and the classic delivery of a spiritual
supervisor (Mashgiach) of a typical Lithuanian style Talmudic academy (Yeshiva).
The intended targets of the rebuke are often not even present
at the speech! We have to come to the conclusion that not always
is the rebuke for the consumption of the transgressors only.
The actual transgressing is but a mere expression of the latent
rebelliousness that all people are subject to during various
stages of life and history. Indeed, one of Moshe's chastisements
made reference to the sin of Miriam. What, may we ask, do
the rest of the Jews have to do with the private sin of one
individual? The answer is given by Rashi that her punishment
was a serious lesson from which the Jewish People did not
sufficiently learn from and thus immunize themselves from similar
errors. This itself constitutes a rebuke to all the Jewish People
for all time. We can thereby give purpose to all of the narrated
incidents mentioned in the Torah. The formal commandments are
so magnificently supplemented and amplified through the actual
living experiences of Biblical history. Torah is meant to be
fulfilled through real human beings, and the narratives are
there to spell this point out.
1:1c
Rashi quotes a revealing statement of Rabi Yochanan (or Rabi
Shimon). Not as simple-minded fools do we study this precious
book. The sages of the Talmud and their loyal descendants spared
no critical investigation of the words of the Torah. On the
contrary, they were the first to note all the apparent
inconsistencies, repetitions, and contradictions in the text
of the Chumash. The crucial difference between them and your
'modern Bible scholar' is an assumption of intelligence of the
Author. You don't have to go all the way to the issue of Divine
authorship to hang the divergence. Simple basic literary
competence is all you need to attribute to the work in order
to vindicate the approach of the Talmud and to reject the secular
discipline. The Torah was clearly meant to convey messages
on numerous levels. We shouldn't arbitrarily limit its purpose
to describing an broken chronology of events or to chartering
a system of law, or even some combination thereof. Torah is
as diverse and complex as life itself and defies neat
categorization. How else can we explain its unequaled ability
to capture the interest of all ages and address the human
condition of every period of history since its writing?
1:1d
Rashi points to the well known reality that wealth in general,
and excessive wealth in particular, bring about moral dilemmas
and minefields. The question always hangs over the possesor:
What shall be done with it all? The problem of wealth really
boils down to the danger of having open-ended potential. There
is the desire to do something now that is big, impressive, and
far-reaching with all that power and energy just waiting to
be released! Cool-headed calculations and advice seeking are
most needed when presented with such a dangerous challenge,
as the Mesilas Yesharim Chapter 3 prescribes.
1:2
Moshe uses the most innocuous reference of travel time-distance
as a tool for rebuke. How careful we should study the least
significant phrase in the Torah to mine the untold treasures
of wisdom and instruction needed to live life successfully.
1:3
Here Rashi shows us by example that we should not underestimate
the negative after-effects of criticism. People do not enjoy
being made to feel inadequate and unworthy. The wise may
appreciate correction and to be made aware of their faults and
shortcomings. But there is a great danger of slipping into a
state of despair and self-loathing which has disastrous
consequences. Rashi learns that Yaakov Avineu was wary of his
own first-born son forsaking the path of Torah in order to avoid
the devastating effects of criticism! Can we as parents and
educators afford to be less cautious?
1:4
We see here again the instinctive need people have to deflect
the rebuke leveled against them. How easy it is for an objective
person to appreciate Moshe's great insight and superhuman
abilities and to take his words seriously. But once we become
the guilty party, it takes an irrational amount of credentials
to satisfy us and to be able to listen.
1:5
It is beyond the knowledge of this author to adequately explore
the meaning behind this gesture of translating the Torah into
the 70 languages of Mankind. But what is clear is that the Torah
is a resource for all of humanity to draw from even though many
if not most of its laws aren't technically binding. The halacha
does not forbid the teaching of the Written Torah to Non-Jews,
and it can certainly be a beacon of morality, sensitivity and
spirituality in a self-centered, predatory, and uninspired world.
1:6
Interesting to note these three major elements of Judaism form
a sequence of integration and harmony from the Divine to the
human. The Revelation at Sinai was the initial burst of clarity
and intense communion with God. Then, the experience had to
be made portable and replicable in the form of the Sanctuary
as the Ramban explains in his introductions to Parshas Truma,
Sefer Vayikrah and Bamidbar. Finally, the message of Sinai,
once made into a fixture on earth, now has to be lived in daily
life through education and judicial guidelines set down by Jewish
leaders broken down to supervising the smallest unit of people.
1:9
The seriousness with which monetary cases are dealt with by
Moshe and Shlomo Hamelech should make us realize the daily
decisions and judgements we make about our money and possessions
are things which need to be conducted with halachic competence.
Since Jews have lost judicial autonomy in many countries of
the Diaspora, this whole area of life has been less and less
subjected to proper regulation. The backbone of capitalist
governments is to pose the minimum amount of restrictions to
commerce and free exchange of goods and services. Thus, no one
in general society is in the habit of checking the law before
they start any innocuous financial venture. As long as there
is no clear immediate threat to public safety and infringement
on copyright or patent, no one would hesitate to act on a
lucrative opportunity. As Jews committed to Torah, it behoves
us to free ourselves from this laize-faire attitude and realize
that there are many laws and statutes that govern the routine
business practices of Jewish merchants and employer-employee
relationships. One quarter of the Shulchan Aruch has to be made
an open accessible reference manual to countless scenarios of
modern commercial policies and day-to-day financial decisions.
1:12a
It is related in the name of Rabbi Chaim Soloveitchik, luminary
of the famed Volozhin Yeshivah and Rabbi of Brisk in
who observed that when a pious Jew comes to a Rabbi for a
decision about the Kosher status of an animal and hears a
negative verdict, he does not hesitate to c
which often entails considerable financial loss. But when two
Jews come before a Jewish court to settle an argument according
to law, and one litigant is found liable to pay the other, he
puts up tremendous resistance and specious counter-arguments
to avoid the verdict as this Rashi describes. Why the difference?
Rav Chaim explained that it isn't so much the financial expense
that irks us. It is the awareness that my fellow Jew is right
and I am wrong which is so insufferable to the ego. It is
perceived incorrectly as defeat to an opponent and not a
submission to the rule of Torah law.
1:12b
Here Rashi gives a consistent description of a Jewish heretic.
Far from a simple dry intellectual definition of non-belief
of the fundamentals of Judaism, Rashi, echoing the Talmud
Sanhedrin 99, points to a strictly attitudinal deficiency.
Its not so much the presence of doubts and skepticism which
is human. It is rather the contempt and derision of religious
figures that comes from conceit and arrogance which is typical
of the heretic. As Rav Yisroel Salanter, founder of the ethical
movement of eastern Europe in the 19th Century (the Golden Age
of academic and scientific hubris) was known to say, "Not all
bareheaded Jews are heretics, but all heretics go bareheaded."
It is the cavalier assumption that "I know better" and "Rabbis
are no better than the rest of us" which is inimical to the
attitude of reverence that is appropriate towards the selfless
and genuine servants of God. To cynically attribute to them
the petty and narrow interests which compromise integrity is
to strike a fatal blow to the entire foundation of faith in
the chain of tradition that goes back to Sinai. Intellectual
disbelief is remediable with historical facts and evidence.
Cynicism and mockery is a poison which is much harder to
neutralize.
1:13a
As we have mentioned above, settling disputes between two
litigants is a thorny situation fraught with emotional obstacles.
The Judge must be above all suspicion and moral weakness if
his verdict is to carry the day. They must be righteous and
known publicly as such in order that his judgements be respected.
1:13b
The role of the judge of
interpretation and legislation which is confined to the ivory
towers of the court and houses of study. The Judges were
additionally burdened with the moral policing of society,
chastizing and correcting behavior on the Jewish street. This
imperative of the court is codified in Shulchan Aruch Orach
Chaim 529:4 and is another casualty of the loss of Jewish
autonomy in the current state of exile. How fortunate are those
Jews who submit themeselves volentarily to the spiritual leaders
of the community and therby constitute the vanguard of authentic
Jewish society which is constantly deteriorating under our
liberal secular government.
1:14
Here Moshe levels a devastating charge against the Jewish People.
They are being acused of taking advantage of the bureaucracy
that would allow them to avoid dealing with Moshe himself. With
Moshe there was no posibility of corruption or special pleading.
But with the system of local appointees, it was much more
probable to find an official who would be 'flexible' and
'understanding' in 'exeptional' cases. Thus, as Rabbi Matis
Weinberg explains, the search for pure truth was overruled by
the desire for seeking personal agendas in the guise of
psuedo-halachic processes. And history has unfortunatly justified
this charge.
