Parshas
Ki Seitzei
Partners
in Crime
By:
Daniel Listhaus
לֹא
יִהְיֶה לְךָ בְּכִיסְךָ אֶבֶן וָאָבֶן
גְּדוֹלָה וּקְטַנָּה:
לֹא
יִהְיֶה לְךָ בְּבֵיתְךָ אֵיפָה וְאֵיפָה
גְּדוֹלָה וּקְטַנָּה:
אֶבֶן
שְׁלֵמָה וָצֶדֶק יִהְיֶה לָּךְ אֵיפָה
שְׁלֵמָה וָצֶדֶק יִהְיֶה לָּךְ לְמַעַן
יַאֲרִיכוּ יָמֶיךָ עַל הָאֲדָמָה אֲשֶׁר
ה'
אֱלֹקיךָ
נֹתֵן לָךְ:
כִּי
תוֹעֲבַת ה'
אֱלֹקיךָ
כָּל עֹשֵׂה אֵלֶּה כֹּל עֹשֵׂה עָוֶל
“You
shall not have in your pouch a stone and a stone – a large one and
a small one. You shall not have in your house a measure and a measure
– a large one and a small one. A complete [perfect] and honest
stone shall you have, a complete [perfect] and honest measure shall
you have, so that your days shall be lengthened on the land that
Hashem, your G-d, gives you. For an abomination of Hashem, your G-d,
are all who do this, all who act fraudulently.”
-Ki
Seitzei 25:13-16
As
is most of Sefer
Devarim1,
this mitzva
is
a reiteration of what was commanded
earlier
in the Torah.2
The requirement for a person to make sure that one's scales are
accurate is a mitzva
which is fundamental in the Torah because it represents the necessary
honesty and truth which must be exhibited at all times.
The
Kli
Yakar3
is bothered that if one takes a closer look at these passukim
(verses),
one will notice a technical difficulty. What
does the Torah mean by “a large stone” and “a small stone”?
Our first thought may be to think that they represent measures which
would result in giving too much or too little merchandise. The Torah
would then be describing a dishonest person who, when taking things
for himself uses the large stone, yet when measuring for others uses
the small stone. However, this cannot be the right explanation
because it does not fit well in the passuk.
When the Torah writes what one should have instead of these two
stones, it says, “A complete [perfect] and honest stone shall you
have...”.4
The passuk
counters the small stone by stating that one must have a full one,
but does not seem to directly address the over-sized measurement by
advising to instead get a smaller one of normal size. Why is this so?
Based
on this question, it must be that there is a slightly different
explanation and perhaps a deeper message being taught here in the
Torah. The Kli
Yakar explains
as follows. Although when the Torah writes here “a small stone”
it does indeed refer to one which measures less than it should, the
“large stone” which is mentioned does not reflect this same idea
to refer to a measure more than it is supposed to be. Instead, when
the Torah describes the “large stone” it means a perfectly
accurate stone. The Torah only used the adjective “large” in
order to compare and contrast it to the fraudulent small one.
The
obvious problem with this is, as the Kli
Yakar himself
points out, why does the Torah command that such a stone should not
be found in one's possession? The Torah should instead have said,
“You should not have in your pouch a small stone, rather you should
only have a large one.” Furthermore, after stating this negative
commandment, the Torah5
strengthens it by saying that this is considered an abomination to
Hashem. Why should Hashem despise those who carry accurate measures?
The
Kli
Yakar answers
these questions in the following way. Shlomo HaMelech
writes
in Mishlei6,
“A stone and a stone, a measure and a measure, also both of them
are abominations to Hashem”. The word “also” (“gam”)
seems to be extra. Why not just write “both of them...”? Based on
this the Kli
Yakar explains
that the two stones/measures that Shlomo refers to are not both
dishonest. Rather, one is small and the other is accurate, and yet
Shlomo is coming to teach us that even the one which is the right
measure is an abomination. The reason for this is because having the
correct stone creates a situation which allows one to be deceitful by
accrediting the small one. After all, imagine if this store owner
would only have his small measure. He could take his chances, but
every time he dares to cheat someone, he will be worried that people
will realize and take him to Beis
Din (Jewish
court). In such a case he will be found guilty and suffer the
consequences. However, with an accurate measure in his pocket as
well, which he could use for some
of his customers, a fail-proof scheme is formed. Now if someone were
to go home and discover he was given less than he should have gotten
and try to take the dishonest person to Beis
Din,
this person would be able to confidently go to Beis
Din and
call in those for who he always measured correctly to swear in his
defense. The result would be that Beis
Din would
assume that the person claiming to have been cheated is indeed the
real cheater and that his own weights are the ones which are
imprecise.
Immediately
after this commandment not to have inaccurate measures, the Torah
charges us to never forget what Amalek
did
to us when we came out of Mtzrayim.
They attacked us when we were vulnerable and we cannot forgive them
of this. Rashi7
comments that the juxtaposition between these two seemingly
unconnected topics is coming to communicate the following message. If
we are untruthful about our measures and weights, then we should
should begin worrying about getting attacked by our enemies.
The
Kli
Yakar is
very bothered by this Rashi.
First,
what does being dishonest have to do with our enemies attacking us?
We know that Hashem punishes middah
k'neged middah
(measure for measure), so why is having our enemies attack us
considered a fit punishment for cheating our customers? Furthermore,
when Amalek
attacked
us there were certainly no cases yet of people with fraudulent
measures, so this explanation does not even work well with the first
time Amalek
waged
war against us. How could we understand this Rashi?
The
Kli
Yakar continues
and says that with the aforementioned idea we developed, we could now
have a better appreciation for this juxtaposition that Rashi
is
coming to address. The person who has the accurate measuring stone
together with the under-sized one is trying to secretly deceive his
customers. He is one who is lacking yiras
shamayim (fear
of Heaven), for he does not consider the fact that Hashem is
omniscient. Rather, he thinks that Hashem will be tricked with his
scheme along with the Beis
Din.
A person with such a mentality deserves to be attacked by Amalek
– who attack publicly at times when we are lax in our yiras
shamayim.8
The
yesod
(foundation,
main point) of this Kli
Yakar is
one which is an important one to internalize. Even though the
accurate stone is nothing more than a passive player in a plot to
harm others, it is still considered as much an abomination as the
stone specifically designed to cheat. Keeping quiet while a friend is
doing something wrong, or being a silent partner in a crime, still
makes one a responsible party in what occurred. We must be careful
not just to make sure that we are not the dishonest stone, but to
even make sure that we do not place ourselves as the accurate measure
in an environment which, with its presence, sheker
could be enhanced.
The
opposite is also true. Earlier in this week's parsha,
the Torah relates some exceptions as to who is allowed to convert to
Judaism.9
Among these passukim,
the Torah10
says,
“You shall not hate an Edomite, for he is your brother; you shall
not abhor an Egyptian for you were a sojourner in his land. Children
who are born to them in the third generation may enter the
congregation of Hashem.” At face value, this passuk
is
extremely difficult to understand. We are commanded to not show
hatred toward Egyptians nor prevent them from converting to Judaism
because we are forever indebted to them; after all, we stayed in
their land. What exactly do we owe them for? The price we paid for
staying in Mitzrayim
was
not worth the value we received. We were forced into hard,
purposeless labor, they tried to kill our children by drowning them
in the Nile, and even after we finally left Mitzrayim
they
chased after us! Yet, despite all this, we are expected to allow them
to convert to Judaism after three generations? For what do we owe
this favor? Rashi11
on this passuk
comments
that although all these facts are true and we were indeed treated
miserably by the Egyptians, nevertheless because they were a source
of help during our time of need when there was a famine in Eretz
Yisroel and
the shevatim
came
to Mitzrayim
for
food, we are indebted to them.
This
Rashi
does
not make the passuk
any
easier to understand. No time in history did the Ancient Egyptians
intend to do anything nice for the Jews. Hashem had a plan to get
B'nei
Yisroel down
to Mitzrayim.
Therefore, Hashem created a famine everywhere except for Egypt which
had seven plentiful
years
and
had stored silos of food. The Egyptian government's full intention
was to become fabulously wealthy using the advise that Yosef HaTzadik
gave
them. Yet, even though they were nothing more than a proverbial pawn
in Hashem's master plan, still, because we benefited from dwelling
there, we must hold back our hatred and allow them to convert to
Judaism if they wish.12
We
see here a very similar concept as we saw in the Kli
Yakar. It
does not matter how passive a part one may play in an overall plan.
If one causes goodness to come from him, no matter how indirect, it
will be attributed back to him. The same, however, is true in the
opposite scenario. Even someone as complete and perfect as the
accurate stone, but who is lacking in yiras
shamayim and
plays even the smallest role in contributing to bring aveiros
into
the world, is responsible for those ramifications.
As
difficult as it may be for a person to become a “perfect stone”
in the first place, that still cannot be our ultimate goal. The
Orchos
Tzadikkim13
offers
the following moshol.
A person may work hard to fill his barrel with wine, but as long as
there is a hole in the barrel, it will all leak out. The same is true
when it comes to people. One may even be on the level to realize that
gashmiyus
(materialism)
is not what is important, and such a person may fill his barrel with
Torah and chesed.
However, as long as there is a lack in yiras
shamayim,
there are holes in the barrel and it will all leak out.
The
trickster in our parsha
has
a perfect stone. However, because it just sits silently as a
deceitful scheme evolves around it, it too is an abomination in
Hashem's eyes. As mentioned, though, the opposite holds true as well.
One who is the cause of chesed,
even if it be indirectly, is owed a sense of gratitude for being
there in a time of need. Imagine if we actually make an effort to
encourage people or actively help others to achieve, how much more so
will we be rewarded!
1This
is in fact why Sefer Devarim is
also called Mishna Torah
– because it is a repeat of many of the Torah.
2Vayikra
19:35
3Devarim
25:13
4Devarim
25:14
5Devarim
25:16
6Mishlei
20:10
7Devarim
25:17
8See
Rashi on Shemos
17:8
9Devarim
23:4
10Devarim
23:8-9
11Devarim
23:8
12See
Sifri Devarim 252 (23:8-9)
13In
the Hakdama (Introduction)
to the sefer.