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THE WEEKLY SIDRA- ACHAREI MOS- K’DOSHIM
Rabbi Moshe Greebel
One of the more prominent aspects of the Torah throughout, is that of mercy and compassion. The very four letter name of HaShem, as written in the Torah, denotes ‘Midas HaRachamim’ (the characteristic of mercy). Throughout Gemarah, HaShem is referred to in the Aramaic as ‘Rachmana’ (the Merciful One). The source of all life, the womb, in LaShon Hakodesh is Rechem (mercy). Throughout Birkas HaMazon (grace after meals), we repeatedly request of HaShem His mercy. The prayer for the deceased is ‘Kail Malei Rachamim’ (G-d Who is filled with mercies), and the list hardly ends here.
So great is the compassion of HaShem for us, that in the weekly Sidra, He literally commands us not to give up our lives for the sake of Mitzvos:
“You shall therefore keep My statutes, and My judgments; which if a man does, he shall live by them; I am HaShem.” (Vayikra 18:5)
Now, this clause of ‘He shall live by them’ is very worthy of note indeed. The Gemarah in Yoma 85b discusses the violation of Shabbos, in order to save human life:
“…..Profane for his sake (the endangered one) one Shabbos, so that he may keep many Shabbassos…..”
The logic of allowing the violation of one Shabbos, so that the endangered party will live to keep many other Shabbassos is obvious. Yet, from the above Passuk (verse) in our weekly Sidra, the Gemarah illustrates a more direct Torah source for this principle in ‘He shall live by them (Miztvos)’- not perish by them:
“….Rav Y’huda said in the name of Shmuel, ‘If I had been there, I should have told them something better than what they said, “He shall live by them (Mitzvos),” but he shall not die because of them.’”
In Sanhedrin 74a, we find:
“Rabbi Yochanan said in the name of Rabbi Shimon Ben Y’hotzedek, ‘By a majority vote, it was resolved in the upper chambers of the house of Nithza in Lydda, that in every (other) law of the Torah, if a man is commanded, “Transgress and suffer not death!” he may transgress and not suffer death, excepting idolatry, incest, (which includes adultery), and murder…..’”
In order to save one’s life, a man may violate the negative Mitzvos of the Torah, with the exception of Avodah Zara (idolatry), Giluy Arayos (illicit sexuality), and Sh’fichas Damim (murder). The Gemarah now disputes Avodah Zara:
“…..Now, may not Avodah Zara be committed (in these circumstances)? Has it not been taught that Rabbi Yishmael said, ‘Whence do we know that if a man was bidden, “Engage in Avodah Zara and save your life!” that he should do so, and not be slain? From the verse “He shall live by them”- but not die by them….’.”
At this juncture, the Gemarah is somewhat difficult to comprehend. Initially, we learned that one must die, rather than commit Avodah Zara. Now, Rabbi Yishmael makes use of our Passuk, to teach that one is not to die when compelled to commit Avodah Zara. The Gemarah resolves the difficulty:
“…..I might think that it may even be openly practiced. But Scripture teaches, ‘Neither shall you profane My holy name…..’ (Vayikra 22:32)”
Rabbi Yishmael was speaking of committing Avodah Zara in private, when threatened on pain of death. In such circumstances does ‘He shall live by them,’ but not die by them apply. However, when it comes to committing Avodah Zara in public (where 10 or more Jews are present), when threatened on pain of death, one must lay down his life, rather than transgress.
Concerning the prohibition of ‘Nor serve them (idols- Sh’mos 20:5),’ the Gemarah in Avodah Zara 54a challenges once again:
“’But,’ said Rava, ‘All were included in the general law “Nor serve them,” so when Scripture specifies “He shall live by them,” and not die through them, it excludes the man who acts under pressure…..’”
At first, it would appear that the prohibition of ‘Nor serve them’ applies in every circumstance- whether by desire or by coercion on pain of death. But, that is not so. For the Passuk in the weekly Sidra of ‘He shall live by them’ (and not die through them), proves that under compulsion of death, he would be permitted to serve idolatry. The Gemarah again questions this line of thought:
“…..After that, however, the All-merciful wrote, ‘And you shall not profane My holy name,’ not even under compulsion! How is it, then…..?”
We just utilized our Passuk of ‘He shall live by them’ (and not die through them) to permit serving idolatry when under compulsion. Yet now, from the Passuk of ‘And you shall not profane My holy name,’ it would appear that under no circumstances may idolatry be served- whether by desire or under compulsion of death. The Gemarah resolves, as it did before:
“…..The former refers to an act in private, the latter to an act in public.”
Our Passuk of ‘He shall live by them’ (and not die through them) is speaking of a case in private. ‘And you shall not profane My holy name’ is speaking of a case in public (10 or more Jews present).
One last very notable example of the mercy which HaShem has for us, can be seen from the following Y’rushalmi Ta’anis 4-5:
“Rav Nachman stated, ‘It is written, “You shall therefore keep My statutes, and My judgments; which if a man does, he shall live by them; I am HaShem.” The light of a man’s eyes returns to him only after forty days.’”
What does the Passuk in our weekly Sidra have to do with the light in anyone’s eyes? To fully comprehend the Y’rushalmi, we must go to Rav Baruch HaLaivi Epstein (1860- 1941) of blessed memory, in the Torah T’mima, who instructs the following.
Now, there is a summer three week period of mourning among Jews for both Batei Mikdashim, that we refer to as ‘Bain Ha’M’tzarim’- between the distresses (Aicha 1:3). The period commences with the fast of Shiva Asar B’Tammuz (17th Tammuz) and spans to the fast of Tisha B’Av (9th Av). While the latter fast is Mai’Ais L’Ais (24 hour period of night and day), the fast of Shiva Asar B’Tammuz commences at daybreak, not the night before, and, is a much shorter fast as far as its hours go.
Now, posed Rav Baruch HaLaivi, why shouldn’t the fast of Shiva Asar B’Tammuz also be a fast Mai’Ais L’Ais? After all, doesn’t the Gemarah in Ta’anis 28b, state the following?
“Five misfortunes befell our fathers on the seventeenth of Tammuz…..”
These five misfortunes would have been the breaking of the first Luchos (Tablets) by Moshe, the T’midim (pair of perpetual offerings in the second Bais HaMikdash) being discontinued, the wall of Y’rushalayim being breached (in the time of the second Bais HaMikdash by Rome), the Roman military leader Apostomas publicly burning a Sefer Torah, and an idol being placed in the second Bais HaMikdash by Rome.
Certainly, these five misfortunes would denote that Shiva Asar B’Tammuz is a very grave and severe day, and ought to also be a fast that is Mai’Ais L’Ais. The reason it is not, answered Rav Baruch HaLaivi, is from the above Y’rushalmi, where the Torah does not permit us to place our lives in danger concerning Mitzvos.
That is, after a fast that is M’Ais L’Ais, a certain amount of the light in a man’s eyes is lost, until forty days when it returns. Now then, concluded Rav Baruch HaLaivi, if Shiva Asar B’Tammuz were a M’Ais L’Ais fast, we would not have forty days to fully recuperate, for Tisha B’Av, a M’Ais L’Ais fast, would be only three weeks later.
Therefore, we see the infinite mercy of HaShem to us, in His making Shiva Asar B’Tammuz a non Mai’Ais L’Ais fast, where none of the light of our eyes is lost (as it is on Tisha B’Av).
This endless reservoir of compassion which HaShem reserves for us, clearly displays His eternal love for the Jewish nation. May we always be aware of how valuably He considers us, and may we always merit His mercy.
May we soon see the G’ulah Sh’laimah in its complete resplendency- and in our times. Good Shabbos.
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