Pensée juive sur Les Psaumes 19:13

If the task of the Messiah is to teach people to lay aside their swords etc., then it is clear that when natural law rules, harmony will be restored to the world. Torah embodies this natural law, and this is the reason Abraham could divine it without having it revealed to him. Matan Torah, the gift of the Torah, was only the revelation of a law which had existed since before man had been created; in fact, it had been the blueprint with the help of which G-d created the universe. On occasion, clever people, such as the daughters of Tzelofchod, sensed this, though even Moses was not clear about it. (Numbers 27). Jacob, according to Pessachim 119, felt unqualified to preside over the saying of grace because he had married two sisters, alive at the same time, though at the time this had not yet been prohibited. He faulted himself for not having divined the will of G-d at that time. All of this is true in spite of the fact that the social legislation of the Torah contains apparently arbitrary ordinances. An example is the replacement value of thirty shekalim for a gentile slave regardless of his age, health etc. Similar apparent discrepancies we find in the sums allowed a father whose daughter has been raped etc. The law addresses itself to normal situations, since indirect damages are not assessed against the culprit. Any exceptional cases come under the heading of damages caused indirectly. Where wilful damage is discussed, such as in the case of the slaughtering of stolen animals, and penalties of four or five times the value of the animal in question, the Talmud goes to some length to demonstrate the natural law involved in such Torah legislation. (Baba Kama 68) The thrust of the legislation is to enable those who study it to develop the character traits that make the provision for non observance merely academic, since students of the Torah would not dream of allowing themselves to be guilty of transgressing these laws. Our sages taught that the universe is based on and can survive only by means of "justice, truth and harmony." (Avot 1) This means that a) a system of justice must be legislated and administered. b) Since this legislation parallels natural law, it is based on truth. c) Since such a system of law must be willingly embraced by the people to whom it is addressed, it promotes peace and harmony. In order to be absolute truth, Torah law must reconcile the true interests of the individual with the true interests of the society he lives in. To that end, legal decisions are left to Courts of Torah experts, scholars, not lay jurors. However, just as being an expert in anatomy does not yet make a person a doctor,-unless one has complete understanding of the interaction of all parts of the anatomy,- so knowledge of Torah precepts without comprehension of how to apply them when conflicting interests are involved, does not qualify a Torah scholar to act as judge. The Talmud Sanhedrin 7, is on record that in the event untutored judges are part of the Court, the former must be assisted by experts. Jewish social legislation, when practiced by Jews, has a greater influence on refining the character of the people practicing it, than the laws of any other religion. Benefits that accrue through such observence are twofold. 1) Social, i.e. application of such laws as the appointment of kings, will ensure the smooth functioning of society. 2) Benefits to the individual both during and after life. The eykev rav, great reward that David describes in Psalm 19, 13, as a reward for observing these laws, applies beyond the pale. This is also the answer of the Torah to the question of the wise son regarding the purpose of Torah legislation in Deut.6,20. "It shall be righteousness unto us" (verse 25) This is the reason the Torah says of this legislation "place it in front of them," i.e. not in front of the gentiles. Even if the latter were to adopt our legislation as their own, he who chooses non Jewish judges to settle his problems does not only not perform a commandment thereby, but commits a transgression. Just as the slaughtering of a ritually pure animal by a non Jewish slaughterer renders such an animal unfit for consumption by Jews, neveylah, although the act had been identical to that performed by a Jew, G-d is on record as saying "He did not do so for any gentile; and Jewish legislation, they do not know them." (Psalms 147,20

(1) The first message from G'd to Moses was to tell him, that although on occasion, death can be due to the concept of bi-krovay ekadesh, that death need not occur due to a mortal sin, there had been mortal sin in the case of the death of the sons of Aaron. The cause had been the sin as spelled out in the Torah at this point. The second communication by G'd to Moses, though related to him at a later stage, is coupled here with the former, in order to make the point that access to the holy of holies is restricted even to the High Priest, and that G'ds Presence does not appear in public, only wrapped in a cloud. (2) Even amongst the good people, the physical usually outweighs the spiritual. The High Priest who personifies the most favourable mix of the physical and the spiritual, is nonetheless mostly matter. His sin offering is described already in Leviticus 4,4, and consisted of a bull. Most of this bull was burned outside Jerusalem, only a small part being offered on the altar, (verse 12 there) The ram, symbolising man's spiritual part, which becomes olah, a total offering, i.e. fit for consumption by the altar in its entirety, is the other half of the High Priest's offering. Since the majority of the people are guilty of very fundamental errors, due to their yetzer hara, evil urge, the he-goat for the azzazel does not qualify for being offered on the altar itself. The fact that even the he-goat was presented in front of the tabernacle first, alive, is to show that even the kind of person represented by this he-goat will be granted forgiveness on the Day of Atonement. This is a tribute to the fact that a good part of their erroneous conduct had been due to the nature of the human condition, i.e. their being physical beings, something over which they had not had any control initially. The lots to be drawn symbolise the very fact that no choice existed prior to one's having being born into this world. (3) Use of the device of drawing lots to determine anything at all, appears to be an outright denial of G'ds Providence, since the result that emerges after the drawing of lots will be viewed as coincidence. The fact is however, that the cumulative effect of the lot falling again and again on the same person, lends it significance. If until the time of Shimon the Just, the lot "for the Lord" was always drawn by the he-goat placed on the right, that surely tells us something about the meaning of the word "right." (the time frame under discussion is about fifteen hundred years!) Indeed, once that pattern had been broken, due to the fact that the Jewish people could not produce a High Priest who was a tzaddik, and whose merits would counterbalance the sins of the masses, the lot would have become meaningless even if it had fallen on the he-goat that had been placed on the right. When Pharaoh had dreamed the same dream twice, that fact told Joseph something about whether the dream had any significance, or whether it was merely a matter of coincidence. The very repetition enabled Joseph to draw some conclusions. This is even more so, when the repetition occurs more than once. This is the reason the sailors "threw lots" (plural) and not just one "lot" before they were satisfied that the storm that threatened to sink their ship was really on account of Jonah. (Jonah 1,7) Since the lot fell on Jonah each time they repeated the procedure, they were certain that they were not condemning an innocent person on the basis of a "chance" lot. There is an element of chance concerning which person turns into a sinner, since natural endowments have a great deal to do with the likelihood of someone being able to overcome such strikes against him as he has been born with. Hence, if the he-goat for the azzazel becomes the scapegoat by means of the lottery, we might all breathe a sigh of relief and say "here but for the grace of G'd, go I." For that reason, the halachah, Jewish law, requires that the two he-goats must look so totally alike, that they are indistinguishable from one another. When the Tanna Ben Heh Heh says that reward is in accordance with the pain and effort incurred in securing an objective, (Avot 5,23), that he who has to overcome strong natural impediments rates a special reward, he does not mean that lack of this special effort totally forfeits one's chance of rehabilitation. The "scapegoat," though unfit to be presented on the altar, does accomplish this rehabilitation even for persons who have not made a special effort to surmount handicaps they were born with. (4) The procedure of offering incense, required a special skill, and therefore the full concentration of the High Priest during its performance. The reason for this could have been the need to counter the natural tendency to get "a glimpse" of the shechinah, Divine Presence. After all, the Torah did say "for in the cloud, I will become visible on the lid of the holy ark." (Leviticus 16,2) The Talmud tells of a High Priest, who was a member of the sect of the Sadducees, who when performing the rites of incense, put same on the pan prior to entering into the holy of holies, (contrary to hatachah ) and who boasted about having seen the shechinah. He died shortly after coming out of the sanctuary .The Pharisees saw in this a punishment for his disobedience. The Saducees felt that it was bad manners to enter the holy of holies without having everything ready, whereas the interpretation of the Pharisees of the verse "for through having made the cloud, My Presence over the lid can become revealed" was that they considered the exact composition of the correct quantities and ingredients of the incense as being vital. Placing of the incense on the pan, however, is to take place only "in front of G'd," as per verse 13. The sprinkling of the blood inside the holy of holies was to atone for errors concerning the laws applying to the temple itself, whereas the placing of the hands on the he-goat was to atone for other sins. The fact that the he-goat was used, also demonstrated that it was not a deity, (as some nations believed) This is the reason there had to be a special injunction "they shall no longer sacrifice to the he-goats." (Leviticus 17,7) There was no better date to proclaim the unity of G'd symbolically, and the futility of worshipping anyone or anything else, than the Day of Atonement. This symbolic statement helped to obtain forgiveness for other sins also. Whoever would observe that the scapegoat was thrown from the rock, would realise that it had not been an object of worship. Even Satan, the perennial accuser before the throne of G'd, would have to admit that the Jewish people were quite unequivocal in their service to the Lord. This is the meaning of a statement in Pirke de Rabbi Eliezer that we should present a bribe to Satan on that day. The sacrifice of the original Passover lamb in Egypt, was a similar statement of unequivocal commitment to G'd Therefore, the "great Sabbath," the Sabbath preceding the Passover holiday is conceptually related to the day of Atonement. For that reason Yom Kippur is also called Shabbaton The order of the confession, which according to the view of Rabbi Meir mentions the unintentionally committed sins first, and the intentionally committed ones last, was quoted in that order by Moses after the sin of the golden calf, when he remonstrated with G'd. Since Israel, at that time, had already done penitence, Moses made the point that due to the repentance, intentional sins had already been reduced to the status of unintentional sins. However, the normal process as found in the Bible on many occasions, is to first confess the intentional sins, including the ones that represent acts of rebellion against G'ds authority.

(2) He must understand the gravity of his sin and its disgracefulness, since if it is not clear to him that his deed was evil, he will not regret it nor take on the conditions of repentance for it. He will imagine that his act is like unintentional and that he will easily be able to justify himself, as written: "But who can discern their own errors? Forgive my hidden faults" (Tehilim 19:13).