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PARSHAH BIHAR

PARSHAH BIHAR

Filed under: 19th of Iyar, IYAR 19TH, PARSHA BAHIR, Uncategorized | Tags: Chuchmah, economic laws, Elohe”m, god, Jeremiyah, Mount Sinai, PARSHA BAHIR, PARSHA BICHUKOTY, Parsha BIHAR, Rashi, smittah, Smittah- Sabbath year, TSAVAOT, YHV”H, yovel, Yovel -Jubilee Year | Tags: Amos, Yovel -Jubilee Year | Tags: Amos

Filed under: PARSHA BAHIR, | Tags: Chuchmah, economic laws, Elohe”m, god, Jeremiyah, Mount Sinai, PARSHA BAHIR, PARSHA BICHUKOTY, Parsha BIHAR, Rashi, smittah, Smittah- Sabbath year, TSAVAOT, YHV”H, yovel, Yovel -Jubilee Year | Tags: Amos

Filed under: PARSHA BAHIR,, PARSHA BIHAR, Smittah, Smittah- Sabbath year, Yovel -Jubilee Year | Tags: Amos, Chuchmah, economic laws, Elohe”m, god, Jeremiyah, Mount Sinai, Rashi, smittah, TSAVAOT, YHV”H, yovel

Bahar                                  בס”ד

It says in our “parsha”

“They will stumble one over his brother as if in flight from the sword. But there is no pursuer. You will not have the power to withstand your enemy.” (VaYikra 26:37)

We learn from this verse that collective responsibility cannot be separated from the Torah’s blessings and curses. These are not two separate phenomena. Our collective responsibility is intrinsically related to our fate. We are one nation and people. Our identity as a single nation and people is the basis of our collective responsibility. We are judged as a nation and people. If we neglect our collective responsibility, we will be judged and punished collectively.

The portion of Behar focuses mainly on laws pertaining to Jewish life in the Land of Israel, and, more particularly, on commandments that express the special bond between the People of Israel and the Land. For example: the laws of the Sabbatical year, and the Jubilee,  as well as some laws pertaining to proper individual conduct within a Jewish society in the Land of Israel: sale of property, fraud, inheritance, the status of houses within walled cities, Jewish slaves, Levite cities and so forth.

This week’s parshah, opens with the Mitzvah of “Shemitah” (the 7th year):

“ Yhvh  spoke to Moses on  Sinai, saying:Speak to the Children of Israel and say to them: When you come into the land that I give you, the land shall observe a Sabbath rest for Yhvh. For six years you may sow your field and..you may prune your vineyard; and you may gather its crop. But the seventh year shall be a complete rest for the land, a Sabbath for Yhvh; your field you shall not sow and your vineyard you shall not prune.” (25:1-5)

The land of Israel belongs to God, we are only tenets on it. The land has its right and rules by which we must live by.on the basis of this legal principle, Tbe Torah presents a code of agrarian, personal, and property laws of. Shemitta and yovel, the redemption of land, houses and servants, the laws of usury — these are all logical outgrowths of one legal principle: Israel and its land belong to God, Who has the sole legitimate claim to them. Most obvious are the laws of “Smitah” (Sabbath year ) and “Yovel” (Jubilee Years). Engraved on the Liberty Bell, now in Philadelphia is ” Proclaim LIBERTY through all the land to all the inhabitants thereof “. This is a mistranslation of a verse from our parsha. “You will proclaim release throughout the land for all its inhabitants.” THIS REFERS TO EVERYONE RETURNING TO THEIR GOD GIVEN LAND WHICH CAN NOT BE SOLD FOR EVER ! Our parsha begins “and Yhv”h spoke to Moshe in Mount Sinai”. Then there follows instruction from God concerning the smittah (7th) year, laws concerning slaves, laws concerning protecting and providing for the poor and regulations regarding farming the land. The Biblical prohibition on planting and harvesting the land in the 7th year is the earliest recorded record of the much later modern farming  technique of leaving fields uncultivated for a season, called “crop rotation” this allows the soil to restore nutrients.

The largest discussion of the “mitzvot” of “shemitta” in the Torah is in Parashat Behar. With the “Smittah” year Jewish people are forced to cease their labors in their field for a year this gives one the time to do hard work for what actually counts God for a whole year. Its like taking a year sabbatical from work.  With more time to devote to spiritual pursuits and increased Torah study. One needs to work God hard to in the “Smittah” year as they depend on Him to provide for their needs in this year more than other years as for the “Smittah” year their sustenance will not be dependent on the the work of their own hands.  This is the connection between Shemittah and Mount Sinai. Through Shemittah, one develops a deeper connection to the Torah of Mount Sinai. So “Smittah” is singled out in Parsha Bahar. The Ketav Sofer on the parsha writes that the  shemitta encompasses fundamental lessons represent the pillars of all aspects of Jewish ideals: faith, humility, kindness: “It seems that this mitzva is the basis and foundation of all commandments.”The unifying elements of  “shemitta”  break down class barriers and allow people to unite “as one man with one heart,” as happened at Sinai. The Sukkot after the“shemitta”  year features the “mitzvah” of “Hakhe”l  which is a reenactment of the Sinai experience and acts a fitting culmination of the “shemitta”  year. The “shemitta” makes visible to the eyes of all that the Torah is from heaven. As only God can promise that in the “shimitah” Year the land , “shall produce the crop of the three years,” which is supernatural natural? This shows the Torah is  surely from Heaven. All ultimately is from Heaven. God acts with us  measure-for-measure; just as we  accepted ‘to do’ before ‘to hear’, God  gave them us The Torah because we had  נחת רוח: (pleasure) from the deeds that we were going to do afterwards, in observing the Mitzvah of  Shemitah and of Yovel (resting the land on the fiftieth year). The ”Haftorah” for “Parshat Behar-Bechukotai” (Jeremiah 16:19–17:14)), tells a amazing story of when the Babylonian army is about to destroy Jerusalem, it looks like the people are about to be exiled; Jeremiah’s cousin, Hanamel, asks the prophet to redeem his portion of land in the Jerusalem suburb of Anatot. Real-estate is plummeting but Hanamel acts on one of the most important Jewish values: understanding that ”it’s not over until it’s over and even then…. it isn’t over.” The incredible message of the story is that no matter how bad the situation looks, God is in charge if we work hard enough we can accomplish our dreams.

We are reminded here that The Torah is not in chronological order. Despite the book of  Vayikra  beginning with laws taught in the Tabernacle,  Behar and  Bechukkotai  are a complete section transmitted to Moshe at Mount Sinai. Shemitta and yovel  here are shown to be “mitzvoth” under pain of severe penalty if not observed according to the law.  Shemitta  is mentioned in  Shemot, but Vayikra stresses its relationship to the Sinai revelation. Still we must ask why does this part of the Torah begin with the words “In Mount Sinai”?. Wasn’t all the Torah given “In Mount Sinai”. Rashi explains that even those mitzvoth  which the Torah mentions being taught at the Plains of Moab at the end of the forty-year journey. These laws were initially taught in full detail at Sinai and repeated at the Plains of Moab. Sinai ?. There is a very important lesson to learn here. We could say that all these laws in a sense are “In mount Sinai”. The place of the Chuchmah of God. His creative inspiration. The projection of the voice of the Elohe”m Chyim (Living God). In the middle of our parsha is the law against taking interest. The prophet Isiah says “He has taken interest. Shall he live ?. He shall not live. “ The Sages say this refers to the world to come. This also refers to the aspect of the soul called Chayah . This aspect reveals Chuchmah (creative inspiration). It is because of this aspect that Rashi explains that the wicked are dead while they are still living in this world. While the righteous are alive even when their physical existence ceases. Life is only when one is enlivened by the revelation of the part of their soul called Chayah (living). Which is Divine inspiration. The Talmudic tells us that Rabbi Akiva derived mountains of laws from the crowns on the letters of the Torah. The revelation of Torah did not stop at sinia or the Tent of meeting in the “Mishcon”. Torah greatness requires: the big picture as well as the detailed aspects of the mitzvot to achieve greatness.

The law forbidding taking interest on a loan is central in our parsha. As its violation in a sense is a violation of the most central basis of the Torah to promote as Rabbi Miller says “ a happy commonwealth”. This happens when all people work together to help one another, not in competition against one another. The rules of jubilee teach us a profound lesson. All Jews are landowners forever. There are no serfs. Each and every Jew alive today has a plot of land that actually belongs to him by birthright. When the laws of jubilee will take effect again the land owned by each Jewish family will return to us. It has always been ours.

We see the sanctity of certain places necessitate specific conduct because of inherent Holiness. The Holy Temple may be a specific place where God causes His presence to be manifest, but also as its written “the whole earth is mine.” Through these laws of the land, we must realize that the entire world belongs to God. and only according to His will alone can we succeed.The land is given to man to work it and to derive sustenance, but only according to God’s rules..Our parsha makes know if the nation of Yisrael. desists from working the land every seventh year, it indicates God’s ownership of the whole earth, and not only the place of the Temple where His presence is manifest.

    In this parsha is also given the law of yovel (50th year). In this year all land returns to its original owner. Rabbi miller explains that this is to prevent homelessness. As each Jew is Given a portion in the land by God. Rabbi Bergstien once said that before a person can approach revelation of Divine thought, have a relationship of love with God. They must first love the creatures He created. They must act in a righteous way in the matters of this world. Rebuke over matters such as this is a major theme of the prophets. As error in these ways destroys the foundation for a relationship with God, God forbid. Isaiah says “Woe to those who join house to house and field to field, they draw close till there is no place (for the poor)” (5:8). Jeremiyah says “For wicked men are found among my people, they lie in wait as a trap bites. They station an ambush, they catch people. As a cage is full so are their houses full of deceit. They have become great, they have become rich. They have become fat, they have become thick. They also transgress in deeds of wickedness, they don’t plead the cause of the orphan that they should prosper. The judgment of the poor they will not judge ” (5:26) Amos says: “Who aspire on the dust of the Earth concerning the head of the poor ” (2:7) “the head of the poor” Rashi explains that all their aspiration on the earth is how they will exploit the poor. Michah says “They oppress men” (2:2). Zacharia says ”So said YHVH TSAVAOT saying, execute true judgment and perform loving kindness and mercy, each one of you to his brother. Do not oppress the widow, the orphan, the stranger or the poor man ” (7:9-10) Malachi says ”I will approach you for judgment, and I will be a swift witness against the sorcerers, and against those who swore falsely, and also against those who withhold the wages of the day laborers, of the widow and the fatherless, and those who pervert the rights of the stranger, don’t you fear me says YHVH TSAVOAT ” (3:5). These are just a few of their words. The prophets warn us greatly concerning our give and take while in this world. The parsha concludes after giving these economic laws with “You shall not make any idols”. The love of our fellow creatures is basic to act in any other way is as having a strange Go”d. They have made a idol.       One way of observing the Smittah is by buying produce  from the Palestinian Authority and Hamas but this is obviously not a good idea for many reasons. Slightly above it is the solution of importing produce from Europe. This make food more expensive and hurts Israeli farmers. Besides this produce does not have the Holiness of “Shemmitah” produce which is a privileged to eat.

   In 1888 a group of the most esteemed European rabbis (and the Chief Rabbi of Jaffa) came up with an innovative idea which has become known as the “heter mechira” (literally: permission to sell). They proposed, that just as on Passover we sell our Hametz to a non-Jew, for the Sabattical year, the entire land of Israel may be sold to a gentile, so that the Jews could work the land. …By the time the next shmita cycle came around in 1895-1896, the rabbinic authorities agreed to permit the sale of the land of Israel for that sabbatical year. The rabbis concluded that reality dictated a need for such action because the people could not observe the laws of shmita in its strict interpetation. In the years of 1910 and 1911, Rav Kook allowed for the sale of the land as well, reaffirming that although it was not ideal, it served an important purpose. …In the years that followed, the decision to sell the land was reevaluated before the arrival of each shmita cycle. Once the State of Israel was established, the Rabbanut (Chief Rabbinate) accepted the sale of the land every year. This achieves a goal of compromise with the requirements of reality while still adhering to the Torah. The problem with this is that the produce of grown on land in The land of Isreal sold to a gentile, does not retain the Holiness of the “Smitah”, this is such a shame and unfortunate, as there is nothing more desirable than “Holiness”.  Another option to maintaining the laws of Smittah is called “Otzer Bait Din” (courts warehouse) this involves turning the farming land over to the Rabbinic court. This way the land is no longer owned by a individual so the produce according to some opinions can be sold by the “bait din” and the produce still retains its “smittah Kidusha”. Not everyone agrees with this way of observing “smittah” either. A great supporter of this solution was the Chazon Ish .

The mitzot of observing Smittah are a unique privilege for those of this generation to those have returned to the new “Yeshuv” settlement of the Holy Land. A problem with “hether mechira” is the produce does not have the Holiness of smittah produce as that only pertains to produce grown on land of Aretz Yisrael owned by a Jew. Another way of observing “smittah” is by Greenhouses & plots separated from the ground. But with these too since the produce is not grown on land of Aretz Yisrael , but in Greenhouses & plots separated from the ground so the produce also not have the Holiness of “Smittah produce”. Take notice the Holiness of “Smittah” produce is unique. Unlike “trumah” one does not have to be a Kohen to eat it. Unlike “kodshim” (sacrifices) one does not have to have purity from death (Red Heafer) to eat it. “Smittah produce” has a unique sanctity !

The problem is the majority of the public is unaware of how to keep the laws of Smittah’s sanctity. Since “Smittah” produce is Holy restrictions apply to it most people are unaware of.

  The commandments of the ” Smittah and Yovel ” (sabbatical and Jubilee years) help to generate an equality between the wealthy and the poor: For this it is written  “ The Sabbath of the land will be for you, for eating …..  for you, for your servant and maidservant; for your hired worker and for your resident who dwell with you.” (25:6).. With every 7^th year is the relinquishment of ALL DEBTS. We are talking about a different kind of world.  In the Yovel Year land returns to its original ancestral owners family. The primeval division of the land among the tribes. This system prevents homelessness and promotes prosperity. ” Smittah and Yovel ” years  resets  market forces and societal status. The bottom line seems that God took us out of Egypt as slaves and made us free men and he does not want us to make ourselves slaves by economic oppression or do so to others. Torah values are economic values which value a commonwealth of mankind, a loving brother hood. As witnessed by the laws of Smittah and Yovel

  The laws of yovel and Smittah are only a Biblical obligation in the land of Israel when the majority of the Jewish people live in the Land of Israel, under their own rule. Today, when many Jews are dispersed throughout the world, the law of Shmitah is observed only as a Rabbinic decree and not because it is a Biblical obligation. In the economic conditions of the modern world farming is a big industry and food grown in Israel is not only consumed locally but much is exported. It would be an economic disaster to follow the strict interpretation of the laws of Shmitah. Another aspect of “smittah” Chyim Vital teaches that the Ar’I teaches that those who say that our present “smittah” (sabbatical period) is the second are in error. You will now understand the mystical reason why we call the seven millennia , which we are presently living in, the 2nd “Smittah” (sabbatical-period). It is because it is the second order of creation after the “Kings of the land of Edom.” Thus, our present sabbatical-period of seven thousand years is not the second “smittah” because it was preceded by another period of seven thousand physical years, but because it follows the spiritual “smittah” of the world of Tohu, the emanation of the seven “smittah” that preceded the present order, that of Tikun. in this respect the earlier authorities erred. They said that if this is the second sabbatical-period, then there must certainly be in the end a total of seven such periods then will be a great “yovel” (Jubilee year year).  

The Chatam Sofer says that the “Yovel”  commences upon the completion of forty nine years based upon the Lunar calendar, even if 49 “solar years” (365 days per year) have not yet elapsed.
The Chatam Sofer further points out that had Yisrael entered Eretz Yisrael as originally planned we would have arrived there at exactly the fiftieth “Yovel”  since Creation. The calculation is based upon the fact that Klal Yisrael left Mizraim 2448 years after Creation. The Chatam Sofer was hopeful that the 112th “Yovel”  since creation corresponding to the year 1827 would bring the Schechinah back to Eretz Yisrael. According to the Chatam Sofer’s way of calculating the “Yovel” , the last “Yovel”   passed  in 1973  which was the year of the Yom Kippur War..

The next “Yovel”  according to the Chatam Sofer would be 2022 (5782). May it be with this  Blessed and Sacred Year. Great Expectations with God’s Help will be fulfilled.

However,  According to Rabbi Yehuda in times of “Galut” the “”Yovel” ” is counted differently. When the 2nd Beit Hamikdash was destroyed “Yovel” was changed.
According to this way of calculating the last “Yovel”  Year was 5727 (1967) the year of the Six Day War and Yerushalyim was liberated. This was the 48th “Yovel”  since Ezra in 3416. Based upon this analysis the “Yovel”  Year 49 years later was the year  5776 (2016).

The subject of slavery repels most people. In Parsha Bihar it says ” Both your male slaves, and your female slaves, which you shall have, shall be of the nations that are around you; of them shall you buy male slaves and female slaves.”  The Torah does make know that Freedom is ultimately for those who, unlike the slave whose ear is drilled with an awl, truly desire it. The doorpost here evokes the memory of the doorposts upon which the Israelite’s placed blood on, on the eve of their redemption from Egypt. Here the Slave chooses to reject the opportunity for freedom and he then symbolically steps through the doorpost that ushered him into freedom back into slavery. FREEDOM IS THE ABILITY TO DO GOD’S COMMANDMENTS — ARE OTHERS ARE SLAVES TO THEIR EVIL INCLINATION. That not every slave is entirely ready for freedom is vividly illustrated by the constant  complaining by some Israelite s all they want to do is go back to Egypt and be taken care of, to be slaves. There was a brief emancipation of all slaves in a time of crisis. The Babylonians were at the gates. The slaves were released, apparently to help fight off the enemy. As soon as the crisis was over, the slaves were enslaved again. Jeremiah deplored these developments (Jeremiah 34).  Slavery in the ancient world was a given  reality, much like the employment opportunities today. Given the human propensity to indebtedness stimulated by the economies of the world then and now.

The parsha finishes saying “ You shall keep my Shabot”. Shabot is Time of the revelation of Chuchmah (creative inspiration). Which is the inheritance of those who act in love towards all creatures following the laws of the Torah day in and out till that we reach the day that will be all Shabot with the arrival of our righteous Mashiach quickly in our days.

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 When Ibrahim Feha conquered Hebron his army was given permission to take spoils from the city for three days and nights… Jews hid their valuables in tunnels and fled. Only R’ Yisrael Yafa could not flee for he safeguarded his daughter who was dying. The robbing soldiers found R’ Yisrael and threatened his life if he would not reveal the hiding place of the valuables. Therefore, R’ Yisrael revealed the hiding tunnel and they stole everything. Then, R’ Yosef Schmerling who served in the Austrian Consul of Hebron turned to his neighbor, coined the “black rabbi” (we told his story for the Rosh Hashana issue of this year) an Arab who had been once a ferocious robber of Jews but was transformed, over time and through a financial agreement, into a friend of the Jews of Hebron. He told him, “we have been robbed,” but the “black rabbi” became angry and said “turn aside!” When R’ Schmerling asked him twice and thrice the “black rabbi” threatened to stab him in his heart. However, R’ Scherling did not relent and said: “our master and shield! My soul is in your hands, save us!” The “black rabbi” yielded and sent a command to stop the robbing, to return the property of the Jews, and to allow the Jews to return to their houses. So it was, and all the Jews’ property was returned with no exception. That day it was the 19th of Iyar, and it was announced as a “Purim of Hebron,” and Tahanun was not said on that day thereafter.

(Background on the “black rabbi” from our issue for Rosh Hashana this year) “One story that depicts Rabbi Yosef Slonim’s cleverness was his dealing with an Arab robber who constantly robbed Jews, and who even threatened rape unless he received large sums. Only under Rabbi Yosef’s influence did this robber gradually take on Rabbi Yosef’s authority till he agreed to stop robbing entirely in exchange for receiving the regular stipend of the Jews that was customary to give in those days to the Jewish
inhabitants of Hebron. After this, this Arab received the nickname “the black Rabbi” as can be seen in the lists of the Jewish recipients of stipends in Hebron in those days…)

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