Parshas Ki Sisa - Know What You’re Doing

~ Thoughts on the Parsha ~

Parshas Ki Sisa

Know What You’re Doing

By: Daniel Listhaus

וַיְהִי כַּאֲשֶׁר קָרַב אֶל הַמַּחֲנֶה וַיַּרְא אֶת הָעֵגֶל וּמְחֹלֹת וַיִּחַר אַף משֶׁה וַיַּשְׁלֵךְ מִיָּדָו אֶת הַלֻּחֹת וַיְשַׁבֵּר אֹתָם תַּחַת הָהָר

“It happened as he drew near the camp and he saw the calf an th dance s , that moshe’s anger burned, he threw down the Tablets from his hands and shattered at the bottom of the mountain.”

 -Shemos 32:19

            There is no doubt that B’nei Yisroel worshipping the eigel ha’zahav (golden calf) was the worst occurrence in history since the episode of the eitz ha’daas (tree of knowledge). In fact, chazal[1] teach us that there is no punishment which comes to the world which does not have in it some retribution for the eigel ha’zahav. Not only did we as a nation worship avoda zarrah (idols), but the timing could not be worse. Only weeks after hearing Hashem Himself say, “I am Hashem your G-d who took you out of Mitzrayim”, we failed miserably by transgressing on the most fundamental commandment. Furthermore, chazal tell us that at matan Torah (time of receiving the Torah) B’nei Yisroel reached the level of Adom HaRishon before the cheit (sin) and that was forever ruined when they committed the sin of the cheit ha’eigel.

             There is no way any of us could look back and say, “If only I was there I would not have made the same mistake”. Although it may be completely incomprehensible to us how the dor (generation) which witnessed makkos Mitzrayim (plagues in Mitzrayim), kriyas Yam Suf (splitting of the Red Sea), and mattan Torah, we cannot judge them. Clearly this was somehow not only a proper test, but an exceedingly difficult test on their level.

            While this disaster was occurring at the bottom of the mountain, the Torah relates that Moshe rabbeinu started heading down Har Sinai carrying the luchos, and when he reached Yeoshua they discussed the sounds they heard coming from the camp. Moshe then approached B’nei Yisroel’s camp and when he saw the calf and the dances that were taking place, his anger burned and he threw the luchos down, smashing them on the ground.

            The inference from this passuk (verse) which the meforshim (commentaries) seem to pick up on is that the luchos did not simply fall, rather the act, or at least an aspect of the act of the luchos dropping was deliberate. There was a level of thought that went into throwing down the luchos. However before laying out some of the opinions offered, let us bear in mind a basic point. It cannot be that Moshe could have simply chosen to break the luchos even to make a sharp statement to B’nei Yisroel, just like a person cannot take a sefer Torah and throw it down in front of someone who is not shomeir shabbos and say, “If you continue to behave like this then this Torah is not for you”. There are laws regarding the level of respect one must express toward a sefer Torah.[2] If one drops a sefer Torah, the custom is to fast – even if dropped accidentally. Certainly one cannot just throw down a sefer Torah and how much more so the luchos ha’eidus which the Torah describes as michtav Elokim![3] So really there are only two ways that Moshe could have been allowed to do such a thing. Either Hashem himself, or equivalent - such as Moshe having a s’vara or limud based on daas Torah- guided him to do so; or that it was a complete accident beyond Moshe’s control. These are indeed the two mehalchim that are found in Rashi and Rashbam respectively.

            Rashi[4] brings from the gemara[5] that upon seeing B’nei Yisroel joyously worshipping the eigel, Moshe made a quick calculation based on the following kal v’chomeir, “Now if with regard to Karbon Pesach, which is only one of the commandments, the Torah said, ‘Any stranger shall not eat of it,’ with the entire Torah here, and all of Yisroel meshumadim should I give it to them?”[6] According to Rashi, Moshe’s actions are quite understandable. He saw B’nei Yisroel worshipping the eigel and decided that the proper thing to do was to throw down the luchos and break them.

            The Rashbam[7] however has a very different approach which he learns based on Pirkei d’Rebbe Eliezer[8]. The Rashbam writes that when Moshe saw the eigel, he became weak and no longer had the strength to hold the luchos. They started to fall and there was no way he could onto it any further. However, in the last moments as the luchos were slipping from his hands, Moshe gave the luchos an extra push so that they would not fall and hurt his feet. This is what the passuk is alluding to when it hints to a deliberate throwing down the luchos. Not that Moshe meant to throw down the luchos, because he did not – he just could not hold it anymore, but that he intentionally directed it away from his feet as it was falling down.

The question that begs to be asked on this Rashbam is how could it be that as Moshe came down Har Sinai holding the luchos, and upon seeing B’nei Yisroel worshipping the eigel hazahav they became too heavy to bear – quite obviously because of the sin he was witnessing, and yet Moshe had the mental capacity to think about the luchos not falling on his feet? Moshe rabbeinu was the quintessence of da’as Torah and representing Hashem. His middos and everything about him were perfectly aligned with ratson Hashem. His emotional charges were based on his insight into Hashem’s desires. How could it be that at a time of such extreme ambivalence needing reconciliation – seeing the B’nei Yisroel worshiping eigel ha’zahav while he was preparing to give the physical luchos to them – that Moshe rabbeinu could have the state of mind to consider his own feet? One would think that he would be so involved feeling the stress and pain of Hashem – so to speak – that B’nei Yisroel could sin so brazenly only weeks after receiving the Torah. How could we understand this Rashbam? And what lesson could the Torah possibly teaching us if this indeed is the p’shat (explanation) in the deliberate act that the Torah is referencing?

            Perhaps we could understand as follows. When it comes to a person who has bad middos, the issue is more serious than him simply not being a nice guy. For example, the Orchos Tzadikkim comments based on a number of mamrei chazal that one who has inappropriate levels of gaivah (haughtiness) or ka’as (anger) is akin to one who worships avodah zarrah. After all, such a person is essentially completely giving himself over to an inner feeling to take control. A real ba’al middos however is exactly that – a ba’al middos, a master over one’s middos. Even at times when full-fledged emotional responses seem appropriate, that is rarely the case; even the purest of human instincts are less meaningful than decisions. A mother who jumps down into the subway to save her baby who rolled onto the tracks is clearly acting out of pure love and kindness, however for a mother to make the conscious decision to go despite realizing the possible consequence that the decision might have on her own life, or the decision not to go in some cases, realizing that the circumstance is not in her favor, demonstrates real heroic behavior; the ability to conquer instinct and instead be a master over one’s instinct and utilize it in its correct measurements.  

            Perhaps this is the lesson that the Rashbam is telling us that the pasuk is trying to convey. Indeed, even at a time when a full out emotional response seems so obvious and appropriate, and there is something to be said of someone who could achieve such a level where his instinct is pure, that is not as great as being a ba’al middos. Moshe rabbeinu was a ba’al middos. Indeed, emotional instinct would dictate that he would be so furious that even as the luchos were slipping through his hands he would be in such shock of being in a situation of holding the luchos ha’eidus while watching B’nei Yisroel commit avodah zarrah that he would be unable to think of anything outside his emotions. Yet, the passuk is teaching us that even at times when one’s feelings are correct and accurate, it is no excuse to not be aware of what one is actively doing.

            May Hashem help us work on our middos so that we have full control over our middos, emotions, and actions, instead of the other way around. With this zechus (merit) of not giving into the avodah zarrahs of our emotions and middos, may we be able to properly prepare ourselves to be good keilim(vessels) to hold the Torah and reach a time that we could do complete teshuva for the unacceptable sin of cheit ha’eigel.

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[1] See Rashi (32:34) who brings from the Gemara Sanhedrin 102a

[2] See Shulchan Aruch Yoreh Deah 282:1

[3] Shemos 32:16

[4] Rashi Shemos 32:19

[5] Shabbos 87a

[6] The Gemara rally considers this to be one of the things that Moshe rabbeinu did onhis own, and although there was a kal v’chomeir (which would make it no fully his own), the kal v’chomeir was more of a justification to do what he did than it was a pure kal v’chomeir because it has a pircha to it (it is refutable). However, the fact remains that such a decision still requires having a basis in Torah. One cannot simply stand up and throw down a sefer Torah or the luchos.

[7] Rashbam Shemos 32:19. See also Chizkuni

[8] Pirkei d’Rebbe Eliezer 45

Parshas Tetzaveh - Measure for Measure

~ Thoughts on the Parsha ~

Parshas Tetzaveh

Measure for Measure

By: Daniel Listhaus

וְעָשִׂיתָ בִגְדֵי קֹדֶשׁ לְאַהֲרֹן אָחִיךָ לְכָבוֹד וּלְתִפְאָרֶת: וְאַתָּה תְּדַבֵּר אֶל כָּל חַכְמֵי לֵב אֲשֶׁר מִלֵּאתִיו רוּחַ חָכְמָה וְעָשׂוּ אֶת בִּגְדֵי אַהֲרֹן לְקַדְּשׁוֹ לְכַהֲנוֹ לִי

וְחֵשֶׁב אֲפֻדָּתוֹ אֲשֶׁר עָלָיו כְּמַעֲשֵׂהוּ מִמֶּנּוּ יִהְיֶה זָהָב תְּכֵלֶת וְאַרְגָּמָן וְתוֹלַעַת שָׁנִי וְשֵׁשׁ מָשְׁזָר

“You shall make garments of sanctity for Aharon your brother, for glory and for splendor. And you shall speak to each of the wise-hearted people whom I have invested with a spirit of wisdom, and they shall make the garments of Aharon, to sanctify him, so that he shall be a Kohen to Me.”

-Tetzaveh 28:2-3

“...[And] the cheishev with which he is beautified, which is above it, like its work, of it shall be of gold, turquoise wool, purple wool, scarlet wool, and twisted linen.”

-Tetzaveh 28:8

            There is no doubt that the bigdei kehunah (special clothes that the kohanim had to wear) were spectacular and royal. When it comes to discussing the cheishev (belt), Rashi^[1] writes that the Kohen Gadol's cheishev was the belt above the eiphod (apron) which beautified and enhanced the Kohen, and adorned him.

            There are two issues with the way Rashi explains this passuk (verse). First, even though certainly one aspect of the bigdei kehunah was to make the kohen look prestigious, why is it that this aspect is stressed so much in the Torah and this Rashi? It sounds as if this was the most important fact of the bigdei kehunah. Second, this Rashi does not seem to flow so well. Rashi starts by explaining that the bigdei kehunah beautified and enhanced the kohen. Then, Rashi adds in as an after-thought that the bigdei kehunah also adorned him. Why does Rashi not list all three descriptions as part of the same series?

            However, there is an even more potent question, regarding the bigdei kehuna in general, which stems from an understanding of a story in the Gemara. The Gemara^[2] relates a story of a non-Jew who overheard someone teaching his talmidim (students) about the garments that the kohen gadol would wear. This man went over to Shammai and told him that he wanted to convert in order to become the kohen gadol and wear the eight pieces of bigdei kohen gadol. Shammai's immediate response was to chase him out with a stick. This individual then went to Hillel and told him the same thing, that he wanted to become Jewish in order to be able to become the kohen gadol and wear the special garments. Hillel listened patiently and advised this gentile to first learn all the halachos (laws) of being a kohen. The man did so, but when he got up to the passuk (verse), “The stranger that comes near shall be put to death”,^[3] he was very confused. He asked Hillel, “Who does this passuk refer to?” Hillel replied, “This passuk even applies to Dovid HaMelech. Anyone who is not a kohen cannot do the avodah (work in the Beis HaMikdash).” The Gemara then continues to say that despite the fact that this man's aspirations were shot, he ultimately became Jewish anyway because of Hillel's patience.

            The Kli Yakar^[4] is bothered by this whole story. Who did this guy think he was? If he just wanted a good Purim costume, why go through the whole process of becoming Jewish and having to accept the Torah and mitzvos? He should have just went to the local costume store and bought a similar copy made in China! Was this man for real that he wanted to convert just so that he could wear the garments of the kohen gadol?

            The Kli Yakar therefore answers that it must be that this gentile heard more than just the list of special garments that the kohen wore. Rather, he must have overheard a Rabbi describing the following Gemara. The Gemara^[5] lists the four garments of the kohen hedyot (regular kohen) and the additional four garments of the kohen gadol. The Gemara then elaborates that each of the garments acted as an atonement for different great sins.^[6] Upon hearing this, the gentile had an idea. He knew that he had done horrible things in his life, and he wanted to start anew. He thought that achieving the position of kohen gadol and getting the chance to adorn these garments would grant him the quick-fix absolution needed to rest his mind of guilt.

            This whole concept is so hard to understand. What did the bigdei kehunah have to do with atoning sins? Could it really be that because the kohen would dress up in a certain way, that we become “off the hook” for some of the horrible things we have done?^[7]

            In order to answer these questions, let us take a step back and try to understand the role that the bigdei kehunah played in adorning the Kohen in the Beis HaMikdash.

            The Malbim^[8] makes an incredible observation. He writes that a word used to describe the bigdei kehunah is “mada”. The word mada comes from the root meaning measurement. The reason for this is simply because one gets his clothing tailored according to the dimensions of his guf (body). The body's measurements are what one uses to deduce the accurate size of one's clothing.

            Similarly, one's character traits are called middos – referring to the different allocations of qualities that each and every individual uniquely possesses. People are born with different measurements of haughtiness, humility, embarrassment, brazenness, anger, patience, etc. Our job, as the Orchos Tzadikkim^[9] maintains, is to study and analyze each middah and realize where it is inside us. Then, we must work on each and every middah and qualify it in a positive direction. Every middah could be directed to be used for good or bad. It is our duty to make sure that our middos are shaped in the right way.

            The Malbim continues to write that the reason for the kohen to wear the bigdei kehunah – the outer measurements which cover his body, was in order to have an effect and guide the inner measurements – the middos surrounding his nefesh (soul).

            Each of the garments of the kohen gadol represented some of the most difficult and important middos of which a person must take control – the direct effects of kinah (jealousy), taivah (desires), and kavod (honor), which Pirkei Avos^[10] describe “remove a person from this world”.

            Somehow, merely wearing the types of clothing that the kohen gadol wore, brought about these good middos from the kohen gadol, and had him thinking along pure thoughts in these areas. It is no coincidence that the sins that the bigdei kehunah atoned for were done due to lack of control in the middos that they each represented. These pure thoughts of the kohen, the representative of the entire Jewish people, when wearing the begadim, received a collective kaparah for the entire B'nei Yisroel.

            Perhaps now we could better appreciate the aforementioned Rashi. The bigdei kehunah served multiple purposes. On the one hand they adorned the kohen – giving him a prestigious and royal look to stand out above everyone else as the one chosen to serve Hashem.^[11] Additionally, the bigdei kehunah were designated garments only used to serve Hashem, expressing incredible amounts of kavod Hashem. However, a third aspect of the bigdei kehunah was to effect and direct the kohen's thoughts in order to spark a kaparah.

            The clothing we wear has the ability to give power to and bring forth certain aspects of the middos contained within us. Movie producers are well aware of this fact and indeed have their actors wear the clothing of their respective characters for a long time before the actual filming in order to get the full feel of the character. The clothing they wear is able to draw out different measurements of their born-qualities, thereby creating almost new people within themselves based on their influenced temporary choice of characteristics.

            The clothing we wear has an impact on the way we think and act. Let us choose carefully in order that the measurements of the guf should have a positive impact on the measurements of the nefesh; for indeed the way we dress effects our middos – measure for measure.

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[1]    Shemos 28:8

[2]    Shabbos 31a

[3]    Bamidbar 3:10

[4]    Shemos 28:39. The Kli Yakar later continues to get into a whole discussion about Achashveirosh during the Purim story when he wore the bigdei kehunah and used the keilim from the Beis HaMikdash.

[5]    Eiruchin 16a

[6]    The Gemara lists the following begadim and that for which they atoned:

ñ            Kesones (tunic) – shfichus damim (murder/bloodshed)

ñ            Michnasa'im (pants) – giluy arayos (immorality)

ñ            Mechaperes (turban) – gasei haruach (arrogance)

ñ            Avneit (belt) – hirhur lev (improper thoughts of the heart)

ñ            Choshein (breastplate) – dinim (incorrect judging)

ñ            Eiphod (apron) – avoda zarah (idol worship)

ñ            Me'il (jacket) – lashon harah (evil speech)

ñ            Tzitz (head-plate) – ma'aseh azei panim (brazen acts)

[7]    Berachos 28a

[8]    Shemos 28:15

[9]    He writes this in his introduction to the sefer as well as throughout his sefer when discussing the various character traits.

[10]  Avos 4:28

[11]  See S'forno on Shemos 28:2

Parshas Terumah - Wood You Think of Me?

~ Thoughts on the Parsha ~

Parshas Terumah

Wood You Think of Me?

By: Daniel Listhaus

וְעָשׂוּ אֲרוֹן עֲצֵי שִׁטִּים אַמָּתַיִם וָחֵצִי אָרְכּוֹ וְאַמָּה וָחֵצִי רָחְבּוֹ וְאַמָּה וָחֵצִי קֹמָתוֹ: וְצִפִּיתָ אֹתוֹ זָהָב טָהוֹר מִבַּיִת וּמִחוּץ תְּצַפֶּנּוּ וְעָשִׂיתָ עָלָיו זֵר זָהָב סָבִיב:

“They shall make an Aron of shittim wood, two and a half amos in length; an amah and a half its width; and an amah and a half its height. You shall cover it with pure gold, from inside and from outside you shall cover it, and you shall make on it a golden diadem.”

 -Shemos 25:10-11

            The Holiest vessel in the Mishkan was the Aron Kodesh (Holy Ark). The aron contained the luchos (tablets) and was positioned in the kodesh hakedoshim (Holy of Holies). The Torah[1] commands that the aron be made of wood with a gold covering on the inside and outside. Rashi[2], based on his reading of the passuk (verse), understands this to mean that the aron was in fact made of three arons – two gold ones and one wooden one. Each of the arons had four walls with a bottom, but no top – like an open box. The wooden aron was placed inside one of the golden arons, while the other golden one was placed inside of it. In this way, the aron was indeed covered both inside and outside by gold. Not a mere covering, but rather actually sandwiched between two golden arons.

            The Chizkuni[3] comments that really the entire aron should have been made of gold. However, being that the aron was so Holy and one of the keilim (vessels) assigned to the B’nei Kehas to carry on their shoulders through the midbar (desert), Hashem wanted to makes sure that they were not carrying more than they needed to. He therefore was “mochel on His kavod” (loosely translated: took less honor) allowing the middle aron to be made of wood in order that the Levi’im who would have to carry it would not have to carry as heavy a load.

            As nice as this Chizkuni is, there is a fundamental problem with this explanation. It is true that the Levi’im who carried the aron carried it on their shoulders. After all, the Torah[4] tells us that unlike B’nei Gershon and B’nei Merari who received two wagons and four oxen, and four wagons and eight oxen respectively according to their work, B’nei Kehas did not receive wagons or oxen because their load[5] had to be carried on their shoulders. However, the Gemara[6] tells us that as much as it may have looked like the B’nei Kehas were carrying the aron, the reality was that it was weightless because it carried itself. If so, the question which begs to be asked is why was it necessary for the middle aron to be made of wood? According to the Chizkuni that really the entire aron was supposed to be made of gold and only wasn’t because that would make the load overbearingly heavy for the Levi’im who would have to carry it, still why wasn’t it made of only gold? The Levi’im did not have the burden of the weight of the aron on their shoulders because it carried itself! So why was the wood necessary? Why not make the aron completely of gold?

            Perhaps the answer is as follows. It is true that the aron carried itself, and in fact even carried those who were carrying it. However, there is a concept of ein somchin al ha’neis (we do not rely on miracles)[7] and therefore when the Levi’im approached the aron it had to be with the full intention and willpower that they would have to lift it and carry it to wherever the shechinas Hashem would direct them to go. Therefore, Hashem with His mercy and absolute perfection commanded that the middle aron be made of lighter material so that the Levi’im should not feel for those few seconds before they would pick it up for the first time, and realize that the aron was even less than weightless but actually carried its bearers, that Hashem had piled on a load that would be excruciatingly painful to carry on their shoulders.

            This is an idea which is worth reflecting on because it speaks of a fundamental yesod. Hashem’s design of this world is so perfect that every single aspect of it whether cause or consequence, instance or anticipation, which effects our lives either as individuals or as a community is only given in doses that we are able to swallow. It may be difficult, it may even be extremely difficult; it may even look impossible, but it isn’t. It is possible. If we are given a nisayon (test) or are affected by the outcome of someone else’s nisayon it is not by accident. First, we must understand that if it reached us we deserve it. Second, we must internalize that if it reached us we must be able to do something about it and conquer it. Hashem does not act spontaneously or randomly choose people to pick on. Everything done is with an infinite number of calculations creating a perfect world of hashgacha p’ratis (divine providence on an individual level) in order to set up the proper playing field for bechira (free choice) and ultimately s’char v’onesh (reward and punishment). Giving someone a test that he or she cannot pass would be a purposeless waste of time and would not be emes and there is no room for that in the derech Hashem. Rather, we must understand and perhaps even appreciate that as much as we would like to write off our nisyonos and say G-d went too far and that it is impossible, it isn’t true. The very fact that we are faced with a nisayon is absolute proof that in some way we deserve it and that it must be achievable. Otherwise, it would be a setup for failure, and that would be purposeless and sheker – the antithesis of what Hashem stands for. As a matter of fact, oftentimes, if not most, Hashem does even more for us than ensuring that our nisyonos do not exceed out limits. Nisayon that we are “just able to pass” is a rare upper limit because the truth is that Hashem is a G-d of rachamim (mercy) and often removes hardships from us out of His love for us.

            Perhaps with this we can understand the Chizkuni’s explanation. The aron should really have been made of solid gold. However, that would mean that for those first few seconds when the Levi’im would stand around the aron before lifting it for the first time there would be too much a feeling of doubting of Hashem’s care for them, or perhaps they would realize that it was a task impossible for them to accomplish – and they would be hypothetically right even though they ultimately wouldn’t feel the burden at all. Still, giving the B’nei Kehas that level of feeling of doubt was something that Hashem felt was inappropriate to expect of them either from the perspective of that it would become impossible to carry, or from the perspective that Hashem wanted to show His love that He was willing to “sacrifice” having an aron of solid gold for one which was one-third wood in order to show His love for the Levi’im who for a few seconds would think that they would actually have to carry it.

            May Hashem help us pass our personal nisyonos that we face and provide us with the love and chizuk (emotional strength) that He demonstrated with the Levi’im in order to help us internalize that every hardship in life that we face is not just one that we in some sense deserve, but indeed one that we by definition are capable of bearing and overcoming. “Ashrei ha’am she’Hashem elokuv” – Praiseworthy is the nation that has Hashem as its G-d!

           

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[1] Shemos 25:11

[2] Rashi ibid.

[3] Ibid.

[4] Bamidbar 7:9

[5] See Bamidbar 3:31which states that B’nei Kehas were responsible for transporting the Holiest of the keilim: the aron, shulchan, menorah, mizbe’achs, etc.

[6] See Gemara Sotah 35a. The aron even carried those who carried it!

[7] See for example Gemara Pesachim 64b and  Kiddushin 39b

Parshas Mishpatim - Hear-y? Here-y?

~ Thoughts on the Parsha ~

Parshas Mishpatim

Hear-y? Here-y?

By: Daniel Listhaus

וְהִגִּישׁוֹ אֲדֹנָיו אֶל הָאֱלֹהִים וְהִגִּישׁוֹ אֶל הַדֶּלֶת אוֹ אֶל הַמְּזוּזָה וְרָצַע אֲדֹנָיו אֶת אָזְנוֹ בַּמַּרְצֵעַ וַעֲבָדוֹ לְעֹלָם

“…Then his master shall bring him to the judges and shall bring him to the door or to the doorpost, and his master shall bore through his ear with an awl, and he shall serve him forever.”

 -Shemos 21:6

            After recounting the miraculous events that the entire B’nei Yisroel witnessed when receiving the Torah at Har Sinai, the Torah goes on to discuss laws pertaining to ownership, property, and money, and responsibility for damages. The parsha chooses to open with the laws pertaining to an eved ivri (Jewish slave). The slavery which the Torah allows is not the same as pre-abolishment American slavery; even using the term “slave” to characterize an eved ivri is quite unfair given the negative connotation and meaning of the word as we use it today. Rather, the slavery that the Torah permits is one with strict rules, regulations, guidelines, and fascinating halachik ramifications. However all that is beyond the scope of this d’var Torah. Instead, let us focus on a very peculiar law associated with an eved ivri.

            The Torah commands that an eved ivri goes free when the shemittah[1] year arrives. However, the Torah[2] adds that if the servant says, “I love my master, my wife, and m children – I shall not go free”; then he is allowed to stay as long as his master brings him to the door or doorpost of the beis din (Jewish court) and bore through his ear with an awl.

            Rashi[3] comments that it is not arbitrary that the Torah instructs that the eved’s ear be pierced. The reason for the hole in the ear is because his ear heard at Har Sinai “You shall not steal” and yet he went ahead and stole anyway (which is why he ended up being a slave). It is therefore appropriate that the ear which did not listen should be bored.[4].

            This Rashi is very difficult to understand for a couple of reasons. First, it cannot be that the reason the eved ivri gets his ear pierced is because he did not listen to the commandment not to steal. If that were true, then why would he only get his ear pierced when he decides to remain a slave? He should have to have it bored as soon as beis din declares him a gazlan (thief)?

            Second, even if we could somehow understand why the eved only gets his ear bored at this particular point as opposed to when he is found to be a convict, how could we understand why this peculiar mitzvah is only applicable to an eved? We heard many mitzvos at Har Sinai! Why is there no commandment in the Torah that one who does not keep Shabbos has to have his ear bored with an awl for the same reason –  that the ear that heard at Har Sinai to keep Shabbos and yet went ahead anyway and desecrated it, deserves such punishment? Why specifically by the eved ivri who stole six years prior and at Shemittah decides to stay with his master does he get his ear pierced? It cannot be because he stole and it cannot be because of “the ear that heard at Har Sinai…” because if so he should have had to have been bored at the time of the conviction and it should apply to the other mitzvos as well. How could we understand this Rashi?

            Like Rashi, the Chizkuni too is bothered why it is that the eved ivri gets his ear bored. However, he writes a different reason. The Chizkuni[5] cryptically answers that the reason why here specifically Hashem commands that the ear of the eved ivri be bored is in order that the world should not make the mistake that he is a k’na’ani when they see him working as an eved for an extended period of time instead of going free by shemittah.

            Before we stop to think about the Chizkuni’s answer, let us first take it at face value. The Chizkuni is giving a good answer as to why an eved ivri specifically gets his ear pierced, and why at the point of deciding to stay as a slave as opposed to at the time that he was convicted. As he explains, the primary purpose of him getting his ear pierced is to show the world that even though he is choosing to remain a slave, he is an eved ivri, not an eved k’na’ani. With this explanation, perhaps we could answer for Rashi as well. Perhaps Rashi really agrees with the Chizkuni that the primary reason for the eved ivri getting his ear bored is to show the distinction between him and an eved k’na’ani, but once the distinction had to be made, the Torah chose something that would be an important message to the eved himself as well. In other words, granted the reasons of Rashi alone would not result in the eved’s ear being pierced six years after his conviction, while others who do aveiros and also did not hold true to what their ears heard at Har Sinai do not receive this extra level of “punishment”. However, once the Torah commanded that if the eved ivri would decide to stay longer as an eved that a distinction would have to be made to differentiate him from an eved k’na’ani, the Torah chose something to which the eved could relate.

            Although this Chizkuni perhaps allows us to understand Rashi, it leaves us with a bigger question: Who cares that the general population might come to mistakenly think that this eved ivri is a non-Jewish slave? L’mai nafka minah (what practical difference is there)? Will he be offered a Happy Meal by someone that he will have to turn down? What is the worst that can happen? He knows he is Jewish, his family knows he is Jewish, his master knows he is Jewish, his fellow shul members know he is Jewish, and his community knows he is Jewish. Who is this “general public” that the Torah is so concerned might think he is not a Jew? The local goyim in town? Why should we be worried that the public will see him as a slave and think he is not Jewish? What difference does it make?

            The mishna[6] states, “Beloved is man for he was created in G-d’s image…Beloved are Yisroel for they are described as children of Hashem.” As children, we get the benefit of extra love and care from our Father in Heaven, but as children we also bear the tremendous responsibility of making sure that we do not tarnish Hashem’s reputation – so to speak. We represent Hashem’s Torah and ways. When we act improperly or speak inappropriately we cause the world to look at us and say, “Look how G-d’s ‘chosen nation’ behaves”. However, when we walk around like b’nei Torah we bring kiddush shem shamayim (consecration of G-d’s Name) into the world. All of mankind has the potential to become great and work on becoming closer to Hashem in their own capacity, but we as Jews are extra special because we are called children of Hashem and therefore hold the awesome responsibility of representing Him.

            With this in mind perhaps we could understand the Chizkuni in the following light. We can learn from this Chizkuni that it must be that no matter what we may do or say we must always remember that as Jews and children of avinu malkeinu (our Father, our King) we have the constant obligation to represent Hashem and always demonstrate a kiddush shem shamayim. Although it is clear that the Torah does not prefer an eved ivri to decide he wants to permanently remain in his master’s house, it does allow for it. However the Torah does not allow doing something that will cause the loss of distinction between an eved ivri and eved k’na’ani. If the eved ivri would be able to find himself in a position which would result in people potentially mistaking him for a non-Jew, that would be escaping his constant requirement of being a source of kiddush Hashem, and that he has no permission to do. In order to balance this, a distinction must be made. Once there is the recognition that something permanent has to change about this person who wants to permanently be a slave and risk losing his identity to the world at large as a Jew, the Torah decided to give him a distinction which would carry a message, as Rashi explained. Primarily, though, the need to make sure that the general public will always recognize him as a Jew is because there is always a demand of representing Hashem as His chosen children; and how could one properly represent Hashem if he is thought to be an eved k’na’ani?

            May Hashem help us choose the right paths for ourselves and follow in His ways in order that we all are viewed as B’nei Torah who bring kiddush Hashem into this world. In this zechus Hashem should indeed look down at us like the bonim la’makom that we are and shower us with our needs and desires.

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[1] Every 7^th year of the Shemittah cycle

[2] Shemos 21:5

[3] Rashi Shemos 21:6

[4] And even if the reason he became a slave was not because he stole but rather because he sold himself out of poverty, it is still appropriate that his ear be punctured because an ear that heard at Har Sinai – “You are slaves unto Me (Hashem)” and yet anyway went to be a slave to someone else; such an ear deserves to be bored

[5] Chizkuni Shemos 21:6

[6] Avos 3:18