Parshas Ha'azinu - Corporation Cooperation (5777)

~ Thoughts on The Parsha ~

Parshas Ha’azinu

Corporation Cooperation

By: Daniel Listhaus

עַל אֲשֶׁר מְעַלְתֶּם בִּי בְּתוֹךְ בְּנֵי יִשְׂרָאֵל בְּמֵי מְרִיבַת קָדֵשׁ מִדְבַּר צִן עַל אֲשֶׁר לֹא קִדַּשְׁתֶּם אוֹתִי בְּתוֹךְ בְּנֵי יִשְׂרָאֵל:

 כִּי מִנֶּגֶד תִּרְאֶה אֶת הָאָרֶץ וְשָׁמָּה לֹא תָבוֹא אֶל הָאָרֶץ אֲשֶׁר אֲנִי נֹתֵן לִבְנֵי יִשְׂרָאֵל:

“…Because you trespassed against Me among the B’nei Yisroel at the waters of Merivas-Kadeish, in the Wilderness of Tzin; because you did not sanctify Me among the B’nei Yisroel. For from a distance shall you see the land, but you should not enter there, into the land that I give to the B’nei Yisroel”

 -Ha’azinu 32:51-52

            The parsha closes on the day of Moshe’s death. Hashem told Moshe that he would not be able to enter Eretz Yisroel along with the B’nei Yisroel because of the missed opportunity for kiddush Hashem (sanctifying Hashem’s Name) that Moshe passed on. At the time when Hashem commanded Moshe rabbeinu to speak to the rock to bring forth water, Moshe instead hit the rock.[1] Rashi[2] explains that had Moshe indeed spoken to the rock in front of B’nei Yisroel, the entire nation would have realized that if a rock which has no s’char v’oneish (reward and punishment) still fulfills the commandment of Hashem, then how much more so must we as people who do receive reward and punishment, fulfill Hashem’s commandment. Moshe’s failure to comply with the precise tzivuy Hashem (commandment) resulted in a lack of kiddush Hashem which became the sole reason that Moshe rabbeinu – our leader who took us out of Mitzrayim, led us through the midbar (desert), and gave us the Torah – was not allowed to enter Eretz Yisroel. Therefore, Hashem told Moshe, “Because you trespassed against Me by not causing kiddush Hashem among B’nei Yisroel, you will only see the land from a distance but not enter into the land I give to B’nei Yisroel”.

            It is interesting to point out that in the very last passuk (verse), the words “…that I give to B’nei Yisroel” seem extra. It would be enough to simply tell Moshe that he will only be able to see Eretz Yisroel from a distance but not go into the land. Why is it necessary for the passuk to add “…which I give to B’nei Yisroel”? Furthermore, it sounds almost like a tease. Is Moshe not included with the rest of B’nei Yisroel? The words seem extra but if for some reason a description of Eretz Yisroel’s ownership would be needed here then why not say, “the land which I swore to Avraham, Yitzchak and Yaakov”? To tell Moshe rabbeinu that he will not be able to enter the land which Hashem is giving to B’nei Yisroel is hurtful indeed. Moshe was k’lal Yisroel. He was the leader, teacher, and advocator there for us as a nation every second of every day! Why would the parsha end with what sounds like almost a tease being spoken to Moshe rabbeinu that he is not included in B’nei Yisroel?

            As the yom tov of Succos approaches, we are obligated to purchase the daled minim (four species): Esrog, Lulav, Hadassim, and Aravos.[3] The Da’as Zekainim[4]write that each of the species represents a different type of Jew. The esrog, which has a good scent and taste represents those who have the “scent” of Torah and the “taste” of good deeds. The lulav, which grows from the palm tree, has good taste but no aroma, and therefore represents those who perform mitzvos and good deeds but without the full scent of Torah to join with it. The hadas, which has no taste, but has a sweet smell symbolizes those who learn Torah but do not practice accordingly with performing mitzvos. Lastly, the arava, with neither taste nor smell, characterizes those without the aroma of Torah nor the taste of mitzvos. On Succos we bind the four species together to symbolize the necessity for k’lal Yisroel to join as a single unit.

            This is obviously a beautiful concept and one that we no doubt are challenged to internalize and achieve. However, how could we understand the absolute commandment to join the four species together? Certainly there is a concept of staying away from a bad neighbor, a bad friend and negative influence. The mishna[5] states this explicitly and this is also something which we daven (pray) for every day for Hashem to protect us from associating with such people. Shouldn’t there be a level of hesitation before joining together aravos with a lulav or haddasim with an esrog?

            In order to answer this question, perhaps we could start by changing the perspective slightly and understand that no one starts as an esrog. Each person has their specific challenges and expected growth rates. Just because someone is at the proverbial lulav, haddas, or arava level does not mean that they are reshaim (wicked), just the opposite! We all came out of Yom Kippur pure and forgiven with a clean slate which starts fresh on the first day of Succos. The four minim represent the real scale of current statuses of every member of k’lal Yisroel who went through Yom Kippur. With this in mind we could certainly understand the binding of everyone as one unit. It is true that we are all holding at different levels, but we are also all interested in heading in the same direction. Now is when we start off with the opportunity to help each other reach higher and start off on the right foot for the upcoming year.

            During the daled minim shopping this year, most of us probably noticed the aspect of “packaged Judaism” which has made its way to the Succos experience. What used to take effort and be a mindful activity has become more like the Amazon Prime version of selecting the four species. As perfect as it fits in with the theme of this generation and as much as it is already difficult to imagine reverting to the ways things used to be, it is worth pointing out that in many ways, the attitude and approach of our effort put in to select the daled minim is really exactly negatively correlated with the mentality we must have when binding the species together as one unit. Extra attention is necessary when we reach out and aid the proverbial lulavim, haddasim, and aravos amongst us. In order for klal Yisroel to be able to join as a genuine circle, it is absolutely necessary to first remove the mental boxes and borders that we have up regarding the three other species from whichever perspective we stand.

            Regarding the binding together of the four species, there is perhaps another perspective we could have in understanding the beauty of the binding. In addition to the obligation of each individual to bring everyone together. There is also an obligation of each member of each species to understand its specific purpose and contribute to the klal. The esrogim, lulavim, haddasim and aravos much each step forward to take their place as part of the general klal, and by definition the togetherness will be formed.  No matter who a person may consider him- or herself, each person must recognize that they have a place in the klal and a responsibility to contribute. For some, indeed it may be something small and for others something much larger, but we are all part of the same unit and that unit demands from each of us to contribute in some way, shape or form.

Moshe rabbeinu was the greatest navi (prophet) that ever lived. He played the most vital role in our history as the perfect leader who declared Hashem’s commandments and acted as messenger of Hashems word as well as constant advocate on klal Yisroel’s behalf. Moshe’s place in klal Yisroel was invaluable and he is not only responsible for where we are today but is even responsible for the fact that we are – that we exist. After the cheit ha’eigel, Hashem wanted to wipe out the klal and keep only Moshe alive. Yet, Moshe declined the proposition and instead maintained his elite position as being part of klal Yisroel and even stating that as his reason: “If a stool with three legs cannot stand, then how could a stool with one leg stand?”.[6]  

Moshe’s responsibility to the klal was greater than anyone else who ever lived. Yet, there was a tiny sliver part of his responsibility which he failed to contribute. The failure was not even in something he did but rather something he did not do. All that he did not contribute was the additional opportunity to create situation of kiddush Hashem for B’nei Yisroel to gain chizuk (motivation) in keeping the mitzvos Hashem. However, Moshe’s greatness was reason for him to be held accountable and judged harshly for his inaction. The aforementioned passukim recording the conversation between Hashem and Moshe start by Hashem stating that Moshe could have made a Kiddush Hashem amongst klal Yisroel; however, for failing to do so, Moshe would not be able to enter the land which Hashem will give to B’nei Yisroel, Moshe excluded. The passuk seems to remove Moshe temporarily[7] from the klal because of his failure to contribute everything he was supposed to, despite the lifetime that he did in fact contribute to the klal. What harsher words of mussar (rebuke) are there in Torah than Hashem telling Moshe that he will not be part of the klal entering Eretz Yisroel because of his failure to complete his contribution!

We are obviously not on the level of Moshe rabbeinu and often have enough to worry about treading water to keep from causing chillul Hashem than about failures to create opportunities of kiddush Hashem. However, each of us must recognize our place in the klal. No matter which of the four species we currently associate ourselves with, we have the obligation to come forth and join the others. There is a responsibility that each species has to the klal and the very first step is acknowledging the fact that there is a klal. Members of klal Yisroel are not disconnected. We are all very much a part of the same entity, trying to achieve the same goal and purpose as a whole. Of course we have our individual purposes as well but even that is really just to get the right shape puzzle piece to ultimately fit in to the bigger picture. 

We refer to Succos as z’man simchaseinu (time of joy). The Orchos Tzadikim[8] emphasizes that simcha (happiness) is really synonymous with bitachon (trust). After all, someone with bitachon in Hashem that everything is done for a reason and everything will be okay, is the happiest person on earth. Indeed, that is what Succos is all about. We leave the security of our homes and sit in the Succah to recall and re-live the experience of full bitachon in Hashem that B’nei Yisroel had in the midbar. Ultimate bitachon is internalizing that in a sense we are always living in the ananei ha’kavod. It is the fusion of ultimate vahavta l’rayacha kamocha through joining the species together, along with the bitachon of sitting in Succah with only Hashem to protect us from the elements, which not just brings real simcha to our own lives, but to Hashem as well. What better way to prepare for the culmination of yom tov with Shemini Atzeres and Simchas Torah - representing the never ceasing desire of relationship between Hashem and klal Ysiroel - than this formula of ultimate bein adam l’chaveiro with everyone recognizing and contributing to the klal together with bitachon in Hashem.

May Hashem help us as we enter into Yom Tov to recognize our place in the bigger klal and internalize the mentality that we as a nation are on the same team. In this way we will indeed merit as the passuk[9] alludes, that even when arrows are shot at B’nei Yisroel, the arrows will run out before klal Yisroel is annihilated – because klal Yisroel will never be annihilated. May we all be zocheh (merit) to achieving our own individual potential as well as our contribution to the klal and experience a true z’man simchaseinu.

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[1] Bamdibar 20:11

[2] Devarim 32:51

[3] Vayikra 23:40

[4] Ibid.

[5] Avos 1:7

[6] Gemara Berachos

[7] The Ohr Ha’chaim (Devarim 32:52) writes that the passuk uses the present tense form of the word “nosein” (give) as opposed to “will give” in order to hint that although Moshe would not join with klal yisroel in entering Eretz Yisroel presently, he will reunite with the klal to bring us into Eretz Yisroel in the future.

[8] Orchos Tzadikkim: Sha’ar Ha’Simcha

[9] Devarim 32:23

Parshas Vayeilech - The Ripple Effect: Splash Out of Your Bubble or Take it to the Grave

~Thoughts on The Parsha~

Parshas Vayeilech

The Ripple Effect:

Splash Out of Your Bubble or Take it to the Grave

By: Daniel Listhaus

וַיֹּאמֶר ה' אֶל מֹשֶׁה הִנְּךָ שֹׁכֵב עִם אֲבֹתֶיךָ וְקָם הָעָם הַזֶּה וְזָנָה אַחֲרֵי אֱלֹהֵי נֵכַר הָאָרֶץ אֲשֶׁר הוּא בָא שָׁמָּה בְּקִרְבּוֹ וַעֲזָבַנִי וְהֵפֵר אֶת בְּרִיתִי אֲשֶׁר כָּרַתִּי אִתּוֹ

“Hashem said to Moshe, 'Behold, you will lie with your forefathers, but this people will rise up and stray after gods of that which is foreign to the land, in whose midst it is coming, and it will forsake Me and it will annul my covenant that I have sealed with it.'”

-Vayeilech 31:16

            The Gemara^[1] relates that a group of heretics asked Rabban Gamliel, “How do you know that Hashem will resuscitate the dead?” Rabban Gamliel responded with a proof from Torah, a proof from Nevi'im (Prophets), and a proof from K'suvim (Writings),^[2] however the heretics did not accept any of the proofs. The proof that Rabban Gamliel brought from Torah is from this week's parsha. The passuk (verse)^[3] says that Hashem said to Moshe, “Behold you will lie with your forefathers, but this people will rise up and stray after gods...” This is the way the passuk is conventionally read and indeed the way which the trop (cantillation marks) of the Torah directs us to understand. However, without any punctuation, there is another way to read the passuk, which clearly hints to the concept of techiyas hamaysim (revival of the dead), and that is the following: “Hashem said to Moshe, 'Behold you will lie with your forefathers and get up, but these people will rise up and stray after gods...” Putting the comma after the word “v'kum” (“and will get up”), instead of before, changes the passuk's meaning slightly to be dealing with two separate future events: A time when Moshe will come back from the dead, as well as a time when B'nei Yisroel will sin after entering Eretz Yisroel.

            The problem with this Gemara is that the heretics seem to have had good reason not to listen to Rabban Gamliel. Even without knowing what we do of the correct punctuation in the passuk, it would be a stretch to interpret the passuk in the way Rabban Gamliel suggested, because the construction of the rest of the passuk does not allow for such an explanation. The passuk is grammatically written in such a way that the word “v'kum” is clearly attached to the latter part describing the future mistakes of B'nei Yisroel.^[4]

            The Kli Yakar^[5] offers the following explanation. Oftentimes, we feel as if we are living in a bubble. We think that the things we do and say effect no one but ourselves and those who are directly impacted. Imagine a principal who is lecturing a class not to cheat on tests. He might argue “You are only hurting yourselves”, or may even extend the discipline to say, “Even if one guy cheats, he is affecting his classmates, who might then take cheating more lightly”. However, rarely does the message include the friends of our friends who will in turn be affected, no matter how slightly, and so on. If we stop to think for a moment, there are in fact very few things we do which do not have much broader impacts. A simple good morning or smile to someone does not only change the attitude and behavior of the one giving and receiving the gesture, but also extends to everyone that each of them interact with for the rest of the day. This idea is known as the ripple effect. Just as one could throw a rock in the middle of a lake and watch the continuously spreading ripples, so to a single action – no matter how small – spreads throughout individuals, communities, and countries, for generations.

            The Gemara^[6] brings a statement from R' Yehuda in the name of Rav that a person has the ability to live in two worlds simultaneously.^[7] The Gemara explains that this is possible because, for example, when a talmid (student) quotes his deceased rebbe, it is as if the rebbe's lips are moving in the grave.^[8] The fact that someone has passed on does not mean that the ripples he has left to spread, and seeds he has planted, go forgotten. Rather, everything stemming from an individual gets attributed back to that individual.

            The same, however, is true for the detriment. Someone who is the cause of others committing aveiros (sins) is responsible for those outcomes as well. And just as a positive ripple effect could be caused by gathering others to do good things, being a role model, or merely encouraging others, so too a negative ripple effect could be caused by doing bad things with others, being a bad example for friends, or merely not giving someone proper mussar (rebuke) at an opportune time. All this gets attributed back to the responsibility of the one who jumped into the water and started the chain reaction.

            With this in mind, the Kli Yakar writes that we could now better appreciate the passuk in our parsha, and how it is indeed a valid source for techiyas hamaysim in the Torah without stretching the simple meaning. Hashem was telling Moshe that for now you are going to be resting with your forefathers. However, this people will later stray after other gods, and they will come to awaken you because you will be held responsible. After all, if B'nei Yisroel turn to avoda zarah (idol worship) in the future, that makes Moshe partially responsible for not instilling the message deep enough. So, the passuk is telling us that there will be a later time when Moshe will indeed return in body to us and we will go up to him. This demonstrates an allusion to the concept of techiyas hamaysim from the Torah.

            The Gemara^[9] writes that a whole year Hashem only accepts teshuva (repentance) from the rabim (public). However, during the aseres y'mei teshuva (Ten Days of Repentance – starting on Rosh Hashanah and continuing through Yom Kippur), Hashem even accepts the teshuva of a yachid (individual). These are days when Hashem is close to us, looks at us as individuals, and gives us the opportunity to regret the sins of our past and accept on ourselves to do better in the future. However, we must take a moment to reflect what exactly we have done as individuals. We must realize that we do not live in a bubble. Rather, we live in a place where our actions have ripple effects. The consequences we cause will be attributed back to us forever until the time of techiyas hamaysim. Therefore we must make sure that the impacts we create in this world are indeed ones that we want to take to the grave.

            May we merit to only be the cause of positive consequences and achieve a closeness with Hashem as he grants us a complete s'licha u'mechila on Yom Kippur.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

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[1]    Sanhedrin 90b

[2]    The three parts to Tanach. The proof from Torah is from Devarim 31:16, the proof from Nevi'im is from Yeshaya 26:19, and the proof from K'suvim is from Shir HaShirim 7:10

[3]    Devarim 31:16

[4]    On a simple level, the Ibn Ezra (31:16) seems to express this opinion. However, see Avi Eizer (31:16) who writes that it is not possible that the Ibn Ezra would write such a thing which goes against chazal – i.e. the Gemara in Sanhedrin (90b) which clearly brings this passuk as a real proof. The Avi Eizer therefore explains the Ibn Ezra as only asking on the way the trop was placed.

[5]    Devarim 31:16

[6]    Yevamos 96b-97a

[7]    As seen in the passuk in Tehillim (61:5)

[8]    See Shir Hashirim 7:10 which alludes to this, as brought in the Gemara.

[9]    Rosh Hashanah 18a

Parshas Nitzavim - All in Good Standing

~Thoughts on the Parsha     ~

Parshas Nitzavim

All in Good Standing

By: Daniel Listhaus

אַתֶּם נִצָּבִים הַיּוֹם כֻּלְּכֶם לִפְנֵי ה' אֱלֹקיכֶם רָאשֵׁיכֶם שִׁבְטֵיכֶם זִקְנֵיכֶם וְשֹׁטְרֵיכֶם כֹּל אִישׁ יִשְׂרָאֵל:

“You are all standing this day before Hashem, your God the leaders of your tribes, your elders and your officers, every man of Israel…”

-Nitzavim 29:9

Rabbeinu Bechayei[1] writes that K’lal Yisroel stood to join in a new bris (treaty) with Hashem as they had done originally at Har Sinai by mattan Torah. The original bris had to be forfeited and a new one created because the members of the original bris had participated in the eigel ha’zahav (golden calf) which clearly broke the bris. Moshe rabbeinu therefore notified them that this time they were joining in a bris with a curse and a promise as an incentive for B’nei Yisroel to “think twice” before veering from the derech. Obviously the Torah and mitzvos did not change but B’nei Yisroel were severely warned and reminded that not following the ways of the Torah will result in strong negative consequences.

 As leader of K’lal Yisroel, Moshe was challenged to give mussar (rebuke) balancing the reality of the seriousness and effort required to keep the Toras Hashem fully, while at the same time encouraging us that it is in our power to do so. The Torah records Moshe rabbeinu using the word “netzavim” (standing) to tell B’nai Yisroel, “You are all standing here today before Hashem…”. Onkeles[2] translates the word as kaymin – lasting.  These words promise that K’lal Yisroel will stand and never cease that that we will receive great reward in olam habbah for keeping the torah. Rabbeinu Bechaya explains that this needed to be promised at that time right after hearing the k’lalos of the tochacha in order to reassure K’lal Yisroel not to give up after hearing all the bad things that will occur for not keeping the Torah because we will always remain. This is why Moshe and the Torah uses language of “standing”.

We sometimes get so lost and overwhelmed in the complex web of life. The statement of “you are standing here today” is so simplistic, yet so deep. Take a breath and realize that you are standing here today; alive with a future of potential greatness. Our ability to be presently standing comes directly from Hashem. Life is challenging, but by consciously recognizing the fact that we are standing today we could realize that all of the challenges are ones which by definition we were able to overcome and persist. This realization of our past hashgacha p’ratis offers inspiration for the future that no matter what hurdles come our way, the hashgacha tells us that by definition, if it is in our path then we have the agility, energy, and coordination capacity to make it over. Each person’s raw physical and spiritual makeup contains the potential ability to overcome and conquer every growth-challenge he or she will experience in his or her lifetime. Of course things will be difficult, and certainly we will experience ups and down, however the knowledge that Hashem is orchestrating the world as King, Director, and Controller, is really the most comforting thing possible. This is what Rosh Hashana is all about – the tefillos (prayers) of malchiyus, zichronos, and shofros effectively remind us that Hashem is the King, that our past endurance stands witness to our future survival, and that we ourselves become merit-worthy through teshuva.

Rosh Hashana, like any new beginning, comes with the opportunity to start anew. Of course really any time we want we are more than invited to hit the proverbial restart button with our teshuva, but new beginnings make it easier for us mentally to notice past trends and make decisions how to move forward. The Medrash Tanchuma[3] points out that the Torah does not just stay, “You are standing…”, but rather “You are standing today” in order to convey that just like the day starts dark and then becomes light[4], so too each and every individuals should always keep in mind that as long as one is standing, no matter how dark a night one may be experiencing – there is daylight for those who make the effort towards it. When analysts view trends in the stock market and they see growth from point a to point b, it does not mean that there was constant growth for the span in between. Rather, one day it drops tremendously, the next day it rises a little, the next it falls, then a few days up, a few days down, and then at a given point a snapshot is taken to capture the arbitrary trend of the span in between. Although a snapshot could be taken at any time, the period of Rosh Hashana and Yom Kippur are special in the sense that we as a nation all take the snapshot at the same time during this special z’man. Looking back over the past year, certainly there were times of growth and downfalls, achieved goals and major failures, accomplishments and mistakes, but is the trend going up, staying stagnant or going down? Standing is what gives us the reassurance that we’re okay and will be okay, but it is the conceptual cycle of the day which gives us the motivation to pull out of the darkness and work on reaching the daylight.

The matrix created by the broad three relationships in life: The relationship between man and fellow man, man and G-d, and man and himself, is complex indeed. Within each main category exists multitudes of subcategories, and each person has specific challenges within categories and subcategories – whether they be obstacles of the yetzer harah trying to stop us or hurdles that we are supposed to train to overcome. Our job is to make sure not to get bogged down by our failures to the point that we get stuck and don’t have the motivation to move forward. Instead we must find within ourselves the energy to pull ourselves out and move forward through recognizing that we are still standing and that every night has a following day.

May Hashem help us use the opportunity of the yomim noraim this year to stop and think about our past mistakes, be reassured by our current standing in a world where Hashem is King, and be motivated to complete our proverbial days and move from our areas of dark night into the daylight. May this Rosh Hashana bring with it a year full of goodness for ourselves as individuals, and for k’lal Yisroel as a whole!

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[1] Devarim 29:9

[2] Ibid

[3] Medrash Tanchuma Nitzavim 1

[4] See Beraishis 1 as well as Gemara Berachos 2a

Parshas Ki Seitzei - Hangman, Shovels, and Fingers in Your Ears

~ Thoughts on the Parsha ~

Parshas Ki Seitzei

Hangman, Shovels, and Fingers in Your Ears

Kavod Ha'adom vs. Kavod Hashem:

Same Difference

By: Daniel Listhaus

וְכִי יִהְיֶה בְאִישׁ חֵטְא מִשְׁפַּט מָוֶת וְהוּמָת וְתָלִיתָ אֹתוֹ עַל עֵץ: לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ כִּי קָבוֹר תִּקְבְּרֶנּוּ בַּיּוֹם הַהוּא כִּי קִלְלַת אֱ־לֹקים תָּלוּי וְלֹא תְטַמֵּא אֶת אַדְמָתְךָ אֲשֶׁר ה' אֱ-לֹקיךָ נֹתֵן לְךָ נַחֲלָה

“If a man will have committed a sin whose judgment is death and he shall be put to death, and you shall hang him on a wooden beam. His body shall not remain for the night on the wooden beam, rather you shall surely bury him on that day, for a hanging person is an insult of Hashem...”

-Ki Seitzei 21:22-23

            Rashi^[1] comments that we do not leave the body hanging because man is made in the image of Hashem, and the Jews are His sons. Therefore, to leave a body hanging would be deemed a degradation of the King. Rashi continues and gives the following moshol (parable): There were two identical twin brothers. One became a king, while the other became involved in thievery and was hung. Whoever would see him hanging would exclaim, “The king is hanging!”

            There are a couple of questions on this Rashi which beg to be asked. Granted, man was created with the image of Hashem and we are His children. However, at the end of the day, this guy did an aveirah (sin) deserving of death^[2]. Last week's parsha stated many times that we should show no mercy to those deserving of punishment for not following the laws of the Torah^[3]. Why is it then that when it comes to keeping the man hanging, the Torah suddenly seems to show mercy for his corpse? Furthermore, if we take everything this Rashi says literally, then this whole concept seems difficult to understand. Is it really true that if one will see a man hanging that he will say about it that Hashem is hanging? Certainly not! So what exactly is going on here? What is the underlying reason behind why we do not leave the man hanging? And how could we understand Rashi's concern of people immediately associating man with Hashem?

            Later on in the parsha, the passukim (verses) resume dealing with the halachos (laws) of going out to battle. The passuk^[4] tells us that in addition to a soldier's weaponry, there is an obligation upon each soldier who goes out to battle to carry a shovel. The reason for this, as the Torah itself tells us, is in order to be able to use it to dig a hole and cover one's excrement.

            Let us think for a moment about this strange mitzva. It does not take a military expert to comprehend that when going to battle one must only pack the essentials. A gun^[5] is a good idea. A canteen of water is a good idea. A heavy solid-metal shovel is not a bad idea... it is a TERRIBLE idea! Why tire out an entire army by making each soldier carry such an instrument?^[6] 

            Furthermore, the Gemara^[7] learns out a limud from this passuk. The passuk^[8] says, “There should be a spade among your weaponry”. The Hebrew word for “your weaponry” is “a'zei'ne'cha” which is very similar to the word for “your ears” - “a'za'ne'cha”. With this, the Gemara goes on to say a halacha; that we learn from here that if someone is about to hear something which is not nice [such as lashon harah or nivul peh], one should put his fingers – which are shaped as spades – into his ears.^[9]

            There is obviously a connection between this halacha and the halacha that each soldier must carry a spade into battle, based on the similarity of words. This alone would certainly allow chazal to make their limud.^[10] However, is there perhaps a deeper connection linking these seemingly very different halachos together?

            Perhaps there is a common denominator between the hanging man, covering excrement, and listening to evil speech. Let us start our analysis with the shovel one is required to carry during battle. From the fact that the Torah demands that it be part of the weaponry, it must be because it is just as important as the weaponry. We could try to understand this based on the following. We know that there are two elements to everything we do: our hishtadlus – the effort we put in, and siyata d'shmaya – aid from Hashem. Certainly the weaponry we bring with us to battle is the hishtadlus we put in. The shovel, on the other hand, is our symbol for siyata d'shmaya. The halacha^[11] is that it is assur (forbidden) to daven in front of excrement, since it is unfitting for Hashem to come to such a place. Since it is through tefillah (prayers) that we ask for siyata d'shmaya, a spade or shovel is certainly a necessity in order to be able to utilize our real weapon - davening.^[12] Looking at this in a broader sense, another way of presenting this idea is that in order to create an environment of “v'haya machane'cha kadosh”^[13] – to keep the camp holy –  a milieu of kavod ha'briyos (respect of creations [i.e. humans]) is needed as a prerequisite to an atmosphere worthy of kavod Hashem (honor/respect of Hashem).

            Perhaps this is the underlying theme behind the hanging man, digging excrement, and listening to evil speech. All three are commandments guarding the basics of kavod ha'adom (respect of mankind). It is forbidden to say or listen to lashon harah because it is fundamentally disregarding others. Forgetting to exercise kavod ha'adom during battle has a direct positive correlation with not showing kavod Hashem. Therefore, the shechina will not fight alongside the hishtadlus of the army. The same is true when it comes to the death penalty. If the Torah demands the death of an individual, it is certainly mandatory to do so, and, as the Torah says, with showing no mercy. However, when it comes to leaving the corpse hanging for longer than necessary - a most degrading thing, Hashem says things have gone too far.  As Rashi^[14] states, “Leaving the corpse hanging is a degradation to the King, for man is made in the likeness of His image”. Not showing proper kavod ha'adom automatically means not recognizing proper kavod Hashem.

            Respect for humans is something so basic and so necessary, it is required to be rehearsed during the hardest of times, such as war, and even at times when the person being degraded is hanging due to his sins Without a basic understanding of chashivus ha'adom (greatness of man), Hashem will not come to our help in battle and, as in the case where a person is treated improperly – whether alive or dead, will feel degraded Himself – so to speak.^[15]

            Why is this so? Why is it that kavod ha'adom and kavod Hashem are so closely interconnected?

            The Alter of Slabodka^[16] writes that the passuk^[17] in Bereishis tells us that Hashem created man in His image and His likeness. Hashem created man as his own miniature world.^[18] Just as the world has a King – Hashem, so too each of our own little worlds has a king – the neshama which Hashem breathed into us. The neshama, which connects every person with Hashem, is so precious that when man was created, the melachim (angels) wanted to sing praises.^[19] Within each and every person is an incredible amount of potential waiting to be tapped into.^[20] The neshama comes from a limitless place and is ready and waiting to achieve tremendous heights.^[21] This aspect of man, which is directly connected to kavod Hashem, demands a level of kavod ha'adom.

            The Gemara^[22] relates the famous story of a man who came to Hillel and asked him to teach him the whole Torah while standing on one foot. Hillel responded, “What is hateful to you, do not do to your neighbor. That is the whole Torah while the rest is commentary; go and learn it.” Hashem, and His Torah, is the source for all kavod. Yet, man resembles Hashem and therefore, kavod ha'adom and kavod Hashem overlap on many fronts. This is perhaps why the Gemara^[23] has a whole discussion as to which laws we would push away if they would conflict with kavod habriyos. At one point the Gemara even suggests that kavod habriyos should be docheh (supersedes [literally: push away]) a lo sa'aseh (negative commandment)! This is not because kavod habriyos is better than the Torah, rather because it is the Torah and is kavod Hashem.^[24] When one honors his fellow man (for the proper reasons), he is in essence honoring Hashem. It is based on this that Rabbi Akiva taught^[25], “v'ahavta l'rei'acha ka'mocha zeh k'lal gadol ba'torah – You shall love your fellow as yourself. This is a great rule in the Torah.”

            Anything that goes contrary to the axiom of “v'ahavta l'rei'acha ka'mocha” - the basic principle of loving one's friends as one loves oneself - is by definition against the Torah. It disregards kavod ha'adom and therefore, by definition, kavod Hashem as well. This is why we cannot leave the corpse hanging, must carry a shovel into battle, and are required to stick our fingers in our ears when we are at risk of hearing lashon harah.

            An even more basic element contained in v'ahavta l'rei'acha ka'mocha is that each of us has an obligation to love ourselves.^[26] Only once we respect ourselves for being created in the image of Hashem, realizing our own potential and what we are capable of, could we be prepared to respect others. And only once we have an appreciation for others, could we be ready to fully honor Hashem.

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[1]    Devarim 21:23

[2]    See Rashi 21:22 who writes that all those who get put to death through s'kilah (stoning) are hanged afterward. Keep in mind that getting put to death by Beis Din (Jewish courts) means that one is guilty without a shadow of a doubt. There is a whole process required in order to actually prove someone deserving of the death penalty. For example, the person has to have  been warned, and the two people who witnessed him doing the action despite his warning go through a strenuous cross examination by Beis Din to verify that their stories match. The Mishna in Makkos (7a) states that because of this process, a Beis Din that killed more than one man every seventy years was known as a “bloody Beis Din”.

[3]    For examples see: Devarim 18:22,  Devarim 19:13, and Devarim 19:21,

[4]    Devarim 23:14

[5]    They probably had more swords, spears, and bows and arrows than guns, but that is beside the point.

[6]    The seriousness of the commandment that each solider must carry a shovel, could be seen quite clearly because Rashi explains the passuk to mean, “Take the shovel besides the other implements you use”. The Be'er B'sadeh comments that Rashi uses the word besides instead of in addition to in order to bring out the following point: Even though the solider has other instruments with him which could perhaps be used to dig holes in the ground as well, still, do not rely on those tools because sometimes in battle the ground will be hard and one may choose not to put so much pressure on his weapons and will therefore not make a deep enough hole to fully cover his excrement. We therefore see how extreme and serious the Torah is when it comes to this mitzva.

[7]    Kesuvos 5a-5b

[8]    Devarim 23:14

[9]    See also Sefer Chasidim 72. Another observation that is made is that the earlobe is soft and could be bent in to block one's hearing when in danger of hearing lashon harah.

[10]  See Maharsha in Kesuvos 5b who writes that the limud links this passuk with the one a few passukim earlier (Devarim 23:10) which could be read as “guard yourself from any bad speech” [as if written dibbur (speech) instead of davar (thing)]

[11]  Shulchan Aruch Ohr HaChayim Siman 79

[12]  As we say in Tehillim 20:8 “...Some with chariots and some with horses, but we in the Name of Hashem our G-d call out.”

[13]  Devarim 23:15

[14]  Devarim 21:23

[15]  See S'forno Devarim 21:23

[16]  Ohr HaTzafun Cheilek Alef: “D'mus Ha'adom”

[17]  Bereishis 2:26

[18]  See commentaries on Koheles 9:14 as well as Orchos Tzadikkim: Sha'ar Yiras Shamayim

[19]  Bereishis Rabbah 8

[20]  As a related side point, see Tosfos 'Eid Echad...' in Gittin 2b who ask: How could we trust someone who does not know hilchos sh'chitah, such as a woman, to say that something was slaughtered properly? Tosfos answer that because it is in her capability to learn the halachos and within her ability to hire someone else to do it, it is considered like it is “b'yadah” (literally - “in her hands”) - as if she could do it - to be believed as an eid echad even though ischazek issura.

[21]  See Orchos Tzadikkim Sha'ar Yiras Shamayim who suggests that this is the cause for people to want more and more. The neshama is always pushing us to go further. However, depending on the amount control we have over our guf (body) will determine which direction it pushes us in.

[22]  Shabbos 31a

[23]  Berachos 19b

[24]  And even according to the end of the Gemara that kavod habriyos is only docheh a de'rabannan b'kum ve'asheh and de'oraisah only by a shev ve'al ta'aseh, we only come to that conclusion by learning it from a passuk, which the Gemara explains is coming to teach that if there would be a chilul Hashem, we do whatever we must to stop it. But this further agrees with our point. Kavod habriyos and kavod Hashem are the same. So in cases where doing kavod habriyos may cause chilul Hashem, then obviously that would not fall under the category of kavod habriyos.

[25]  Toras Kohanim and Rashi on Vayikra 19:18

[26]  This is obvious because how could we love others as we do ourselves, if we do not love ourselves.