Musar do Wyjścia 23:35

... And on this the Torah says (Exodus 13:7) "there will not be seen and there will not be found" - it will not be seen b'maaseh (in action) and will not be found b'machshava (in thought), rather one should anul it in his heart. The mitzvot have 3 categories: mitzvot of speech, of the heart and of action, as it is written (Deuteronomy 30:14) "in your mouth and in your heart to do it". Comes the Torah (instructing us) to anul it in the heart, corresponding to the mitzvot which are dependent on the heart. Comes the 'kabbalah' (instructing us) to eradicate it from the house or to burn it, corresponding to the mitzvot of action. And to say 'kol chamira', corresponding to mitzvot of speech. In this way the 3 categories of mitzvot are fulfilled through the prohibition of chametz, teaching you that the prohibition of chametz incorporates all the mitzvot... Just as the 'kabbalah' comes (instructing us) to eradicate chametz and (livdok) to check the house in nooks and in cracks, so too we are obligated to search and check the chambers of our inner being for bad (machshavas) intentions and bad (hirhurim) thoughts. Just as bedikat chametz (checking for chametz) is not valid by sunlight, nor by moonlight, nor by the light of a torch, but only by the light of a candle, so too the bedikah (checking) of the yetzer hara must be by the light of the neshama (soul) which is called 'ner' (candle), this is what is written (Proverbs 20:27) "the candle of Hashem is the soul of man, which searches the chambers of one's inner being.

The fourth: That his ears are always inclined to hear the good. Indeed, a useless or disgraceful report [should] not enter them at all. In the way that no yelling of judgement nor defect of evil speech enters the Highest Listening, so [should] he only listen to goodnesses and beneficial things. And he [should] not listen to the other things that intensify anger at all. And [just] like the snake, his speech and his expression do not enter Above, so [too,] must no disgraceful thing enter to him. And that is [the meaning of, "You shall not raise a false report" (Exodus 23:1) - all the more so, [should] the other disgraceful things not enter his ear at all. And it [should] only listen to good things.

First of all, the episode of the serpent, who spoke lashon hara of the Holy One Blessed be He and thereby brought death to the world. And (Bereshith 29:20): "If G-d will be with me and guard me," concerning which Chazal have said: "if He will guard me against lashon hara." And the episode of Joseph (Ibid. 37:2): "And Joseph brought their evil talk to their father," this being the catalyst of the descent of the Jews to Egypt. And (Shemoth 2:14): "In truth, the thing has become known" (see Rashi there and what we shall write below). There, too, (4:1) Moses our teacher, may peace be upon him, says: "But they will not believe me," and the Blessed L-rd counters (Ibid. 2): "What is this in your hand?" … (3) …and it became a serpent." Also there (6): "And, behold, his hand was leprous as snow." And (Ibid. 17:2): "And the people quarreled with Moses… (7) …over the quarrel of the children of Israel, etc." followed by (8): "And Amalek came and warred with Israel, etc." And (Ibid. 23:1): "You shall not bear a false report, which applies to both the speaker and the receiver [of lashon hara] (as we find in Makkoth 23a), followed by (2): "Do not be after many to do evil." And, in reference to the me'il [the outer robe of the ephod] (Ibid. 28:32): "A border shall there be to its mouth roundabout," and the entire section. And (35): "And its sound will be heard when he comes to the sanctuary, etc." And the entire section of Tazria and Metzora: the plague-spots of houses, the plague-spots of clothing, the plague-spots of men, (Vayikra 13:46): "Solitary shall he sit"— even outside of the camp of Israel. And his atonement— "chirping" birds. And (Ibid. 19:16): "Do not go talebearing among your people," (Ibid. 17): "Reprove, shall you reprove your neighbor, but you shall not bear sin because of him." And (Ibid. 25:17): "You shall not wrong, one man, his fellow," which relates to verbal wronging, which is also in the category of evil speech. And (Bamidbar 5:1): "And they shall send out of the camp every leper"— even if he were as great in Torah as Doeg. And (Ibid. 12:1): "And Miriam and Aaron spoke against Moses, etc." And the entire section of Shelach Lecha, which speaks about the spies. And (Ibid. 21:5): "And the people spoke against G-d and against Moses." And (Devarim 23:10): "When you go out as a camp against your foes, guard yourself against every evil thing [davar ra]," concerning which Chazal have said: "davar ra" may be read as "dibbur ra" [evil speech]. And in Tetze, the "giving out of an evil name [motzi shem ra]," and (Ibid. 24:9): "Remember what the L-rd your G-d did to Miriam, etc." And (Ibid. 27:24): "Cursed be he who smites his friend in secret," which refers to lashon hara. And it is known that all of the "cursings" were preceded by blessings; and they opened with blessing, saying: "Blessed is he who does not smite"— whence we derive that one who is heedful in this is blessed.

And, in truth, how much should the speaker of lashon hara be ashamed of himself because of this. For if he were called up to the Torah and found the verses there to concern the issur of speaking lashon hara (such as Vayikra 19:16: "Do not go talebearing among your people," or Devarim 27:24: "Cursed is he who smites his friend in secret," or Ibid. 24:9: "Remember what the L-rd your G-d did to Miriam," or Shemoth 23:1: "Do not bear a false report," and the like) and the point of a yod were missing in some place, he would refuse to make the blessing on the Torah, saying that the Torah of the L-rd must be perfect, as the Holy One Blessed be He gave it to us, and not defective. He believes, then, in truth, in the Blessed L-rd and in His holy Torah, in all of its letters, but when that subject comes to hand, immediately the verses of the Torah are abandoned by him, and he does not think it a sin at all! Remember, my brother, what we find in Tanna d’bei Eliyahu Rabbah, Chapter 28: "If one recognizes words of Torah and 'passes them by,' he is an absolute evildoer."

And now we will speak about the matter of punishment for the nullification of positive commandments: Our Rabbis, may their memory be blessed, said (Ketuvot 86b) [that] if [the court warned] someone to perform [the commandment of the] sukkah or [of the] palm branch (lulav) “and he does not do so, we strike, etc.” And they said (Rosh Hashanah 17a) that men who have never placed tefillin on their heads are called “rebellious Jews with their bodies,” and their punishment is more severe than one who transgresses once against a sin for which he is liable for excision. And they said [that] all whose sins are greater than his merits and among [his sins] is the sin of rebellious Jews with their bodies - for example, one who has never worn tefillin or one who was involved in transgressions such as forbidden sexual relations - descend and are judged in Gehinnom for twelve months. After twelve months, their body is finished; and their soul is burnt; and the wind spreads it under the soles of the feet of the righteous ones, as it is stated (Malachi 3:21), “And you shall trample the wicked to a pulp, for they shall be dust, etc.” And they said (Sanhedrin 99a), [that] one who is permissive (in his eyes) [regarding] positive commandments, such as one who belittles the intermediate days of the festival - which is from a positive commandment, as it is stated (Exodus 23:15), “You shall observe the Feast of Matsot” - has no portion in the world to come, even if possesses Torah and good deeds. And there is a general warning of a negative commandment, for all the positive commandments - as it is stated (Deuteronomy 13:1), “neither add to it nor take away from it.”

“Do not bear a vain report” (Exodus 23:1). We were warned with this not to accept evil speech. And [it is] like the Targum (translation of Onkelos) says, “Do not accept a false report.”

There are some [negative commandments] that are dependent upon the tongue, for which we give lashes. For so did our Rabbis, may their memory be blessed, say (Makkot 16a), “All the warnings in the Torah - we do not give lashes for a negative commandment that does not [involve] an action, except for one who makes an oath or curses his fellow with [God’s] name.” And even though there is no death penalty from the court with a vain oath, its punishment at the hands of the Heavens is more weighty than many sins that do have a death penalty from the court. For making an oath in vain profanes [God’s] name - as it is stated (Leviticus 19:12), “You shall not swear falsely by My name, profaning the name of your God” - and the punishment for profaning the name is more elevated than [that of] all of the sins. And it is not written like this about any of the sins besides a false oath and idolatry, as it is stated (Leviticus 20:3), “because he gave of his offspring to Molech and so defiled My sanctuary and profaned My holy name.” And it is stated in the warning about idolatry (Exodus 20:5), “You shall not bow down to them or serve them, for I the Lord, your God, am a jealous God.” [This] means to say, that He will not forgive the iniquity of idolatry in the way of forgiveness for other sins - like the matter that is written (Jeremiah 5:7), “Why should I forgive you; your children have forsaken Me and sworn by no-gods!” And likewise is it written in the warning for a false oath (Exodus 20:7), “for the Lord will not clear one who swears falsely by His name.” And the warning for a false oath is written (immediately) after the warning of idolatry, most certainly because the iniquity of profaning God, may He be blessed, is found under the wings of a false oath. And our Rabbis, may their memory be blessed, said regarding the matter of the verse (Proverbs 30:8-9), “Give me neither poverty nor riches, etc. Lest, being sated, I renounce, saying, ‘Who is the Lord,’ or, being impoverished (it is written fully with an aleph, but its meaning is, poor), I take to theft, and profane the name of my God,” that the latter is harsher than the former - as it is stated (Ezekiel 20:39), “As for you, O House of Israel, etc., go, every one of you, and worship his idols and continue, if you will not obey Me; but do not profane My holy name any more.” It is meaning to say that the iniquity of the one who swears falsely in a court is more weighty than the punishment of one who worships idolatry in private, due to the profaning of the name [involved in the former]. And our Rabbis, may their memory be blessed, said (Shevuot 39a), “For all of the other transgressions in the Torah, punishment is exacted only from the transgressor and his family; whereas here, punishment is exacted from him and from the entire world,” And if the court obligates a man to make an oath but he knows that his mouth speaks falsely (it would be a false oath), it is forbidden to [even] take the oath upon himself, saying, “I will swear” - in order to frighten his fellow - even though he does not plan to swear. For it is stated, (Exodus 20:7), “You shall not bear” - and included in its meaning is not to accept (agree) to swear falsely. And likewise did they, may their memory be blessed, say in our Mekhilta (Mekhilta d’Rabbi Yishmael, Yitro). And the Targum (translation of Onkelos) of, “Do not bear a vain report“ (Exodus 23:1), is “do not accept.” And it is forbidden to make a needless oath, even if he is swearing about the truth, as it is stated (Exodus 20:7), “Do not bear the name of God in vain” - and its Targum is, “for nothing.” And likewise is the iniquity of one who causes his fellow to swear for nothing, great - for example when his fellow owed him a hundred and he doubled it in his claim, in order that the law would come out that one who admits partially is obligated to make a Torah-based oath; or when he claims against his fellow for nothing and asks him for what he knows nothing about and makes him take a [rabbinic] oath of inducement. And our Rabbis said (Shevuot 39a) that this man is called a thief, as he is stealing his mind (deceiving him); and about him is it stated (Zechariah 5:4), “[But] I have sent it forth - declares the Lord of Hosts - and [the curse] shall enter the house of the thief and the house of the one who swears falsely by My name, and it shall lodge inside their houses and shall consume them to the last timber and stone.” And one who knows that if he takes an oath, people will suspect him about [the truth of] the oath, should restrain himself from [taking] the oath for the honor of the Heavens - even though the truth is with him.

“You shall not follow the many to do bad.” (Exodus 23:2). We were warned with this not to verbally strengthen the hands of sinners, and not join with those that conspire to do injustice - like the matter that is stated (Isaiah 8:12) “You must not call conspiracy, all that people call conspiracy.”

“Make no mention of the names of other gods” (Exodus 23:13) - a person should not say to his fellow, “Wait for me by idol x.”

“And you shall not take a bribe” (Exodus 23:8) - even on condition to have the innocent be innocent and the guilty be guilty, and even if the two parties to the argument have agreed to give him a wage together. Thus did our Rabbis, may their memory be blessed, say (Ketuvot 105a): “[Regarding] one who takes a wage to judge, his decisions are null.” But they are permitted to give him the wage of the loss he incurred, in that they disturbed him from his [regular] activities - if the loss is recognizable and fixed, and it is known to people. And [this is] so long as one of them does not give more than his fellow towards the wage of the loss.

And behold this group of slanderers is divided into six sections:
And the first section: When he attributes a blemish to a person and [that person] does not have the blemish. There are times that he will lie against beauty. And behold the heart of this one (has his mouth jump the trait of) [gathers the evil of the traits of] two bad groups - which are the group of the liers and the group of the slanderers. And behold we have been warned by the Torah not to accept evil speech - perhaps it is empty or a false matter - as it is stated (Exodus 23:1), “You must not carry false rumors.” And King Solomon, peace be upon him, said (Proverbs 17:4), “An evildoer listens to bad talk; a lie gives ear to malicious words.” Its explanation is - two groups accept evil speech: The first is is a violent evildoing man - from the usage [in] (Isaiah 9:16), “for all are ungodly and doing evil” - for he suspects the innocent, and loves to find a blemish and guilt about his fellow and a disgrace to his honor. And it will be that when he hears someone saying evil speech about his companion, the violence in his heart brings him to believe that the things are true. And the second group is [that of] the lying man. He also listens and believes malicious talk. Since he does not distance himself from false words, he will not be concerned if he accepts a lie, or if he listens to a false rumor. Hence he will be quick to accept evil speech. [The meaning of] “a lie gives ear,” is like a man of lies. And likewise (Jeremiah 9:5), “You dwell in the midst of deceit,” [means] in the midst of people of deceit; [and also] (Psalms 109:4), “and I am prayer,” [means] a man of prayer.

King Solomon, peace be upon him, also said (Proverbs 26:28), “A lying tongue does a dakav hate.” The explanation is that a humble, contrite and lowly person hates a lying tongue - he will not seek it nor listen to it. For a humble person desires people’s worth, and is pained by their embarrassment and disgrace. The [letter,] vav, is in place of a hay in the root, like the vav, in [the word,] anav. And some explain [the verse as,] someone with a lying tongue will hate those who make him contrite and reprimand him, so he will not bring them more evil slander against people. And behold we have been warned by that which is written (Exodus 23:1), “You must not carry false rumors,” not to believe in our hearts the telling of evil speech - to hold in our thoughts that the things are true, such as to demean in our eyes the one about whom it is spoken.

A man is obligated to hide a secret that is revealed to him confidentially by his fellow, even though there is no matter of talebearing involved in revealing that secret. For there is damage to the holder of the secret [simply] by its being revealed, and it [can cause him] to abort his plan - as it is stated (Proverbs 15:22), “Plans are aborted without a secret.” Secondly - because revealing a secret is even an aberration of the ways of modesty, as he surely violates the will of the holder of the secret. And King Solomon said (Proverbs 20:19), “He who gives away secrets is a talebearer.” He means to say, if you see a man who does not control his spirit, to guard his tongue from revealing a secret - even though there is no issue of talebearing between a man and his friend in revealing that secret - this trait will bring him to go talebearing, which is from the four bad groups, given that his lips are not in his control to guard. He also said (Proverbs 11:13), “A talebearer will reveal secrets.” He means to say, do not confide a secret to someone who goes talebearing. For since he does not guard his lips from talebearing, do not trust him to hide your secret, even though you have given your words over to him in private and in confidentiality. And we have been warned by the Torah not to accept evil speech, as it is stated, (Exodus 23:1), “Do not accept a vain report.” And it is stated (Proverbs 29:12), “A ruler who listens to lies, all his ministers will be evildoers.” And our Rabbis, may their memory be blessed, explained (Midrash Tehillim 54) that when a ruler accepts evil speech and words of talebearing, his ministers will become evildoers and talebearers to find favor in the eyes of their master. And behold it is these three groups that we mentioned that they, may their memory be blessed, had in mind when they referred to the group of slanderers.

And [this holds true] especially in the area of guarding one's tongue. For if he permits, G-d forbid, his soul to be in the category of speakers of lashon hara in this world, and, as a matter of course, does not prevent his ears, too, from always hearing lashon hara and rechiluth and accepting it, (also, so that he will have later what to talk about; for this is the trait of the talebearer, to go and hear in one place and sell this "merchandise" in another place, as a merchant with his wares [viz. Torath Cohanim and Rashi's commentary on Chumash]), then he will have damaged his faculties of speech and hearing, and will certainly be punished in his soul, correspondingly, in the world to come, in these two faculties themselves, speech and hearing. [This is the language of the GRA (R. Eliyahu of Vilna) on the verse (Mishlei 13:13): "He who neglects a thing will be hurt by it, and the fearer of a mitzvah — he will be complete." "For there are 248 organs in a man, and, corresponding to them, 248 positive commandments. And likewise, every thing derives its vital strength from the mitzvoth. And, therefore, anyone who neglects any matter of mitzvah hurts himself. For he is thereby deprived of the vital strength of that matter. But one who fears forsaking any mitzvah and seeks to fulfill every thing [(of mitzvah)] will be complete in all of his organs."] And we may also say that this is the intent of the verse (Devarim 32:5): "[In the transgressions that they have committed,] they have corrupted [themselves], not Him," [G-d forbid], as it is written [Iyyov 35:6]: "If you have sinned, what have you done to Him." The intent [of the verse in Devarim] is as he [the GRA] explains — that through their sins they become blemished in the end. [see Rashi on "banav mumam" ("His sons, their blemish")]. That is, if any mitzvah becomes expendable in his eyes, G-d forbid, then the organ corresponding to that mitzvah becomes blemished in the end, as we have written in the name of the GRA. For in the issur of speaking lashon hara and rechiluth that he speaks with his mouth he transgresses "You shall not go talebearing among your people," most of which [sin] inheres in the mouth. And in hearing lashon hara and accepting it, he infringes on the transgression of (Shemoth 23:1): "You shall not bear a false report." [viz. Sefer Charedim on the negative commandments dependent on the ears, and what I have copied of his words in Principle X of the Be'er Mayim Chayim.] And it is known that these [(speaking and hearing)] are the major faculties of the "form" of man and of his perfection, even in this world. (This is well known from the ruling of Chazal that a deaf-mute [cheresh], who does not hear and does not speak is [legally] comparable to a shoteh [one who is mentally deficient] and to a minor, in all matters. And, in Bava Kamma 85b: "If one rendered another a cheresh he pays him the [legal] worth of an entire man"; for from now on he is not [legally] worth anything.) How much more so is he (i.e., "the counterpart of mouth and ear") rendered defective (for sins by those organs)] in the world to come. And even if we say that he will not be lacking entirely in these faculties, (for did he not also employ them in his lifetime in words of Torah and holiness?) in any event, they will certainly be defective, for he damaged them while yet living and did not repent. And this is known to all who have understanding — that even in this world, if, G-d forbid, a man's faculty of speech and hearing is impaired, even if — with great effort — he can still speak and hear, this greatly grieves him in his lifetime, and he will be more greatly shamed by this lack than if he were affected, in his other organs; for these are man's prime faculties and he will also not be able to conceal their loss. How much more so, in the higher world — how much will his soul grieve there before the eyes of all! Even if no punishment were inflicted upon the man of lashon hara at all, but only his speech and hearing were impaired, how much shame would he suffer because of this! For there it is known and recognized by all that his speech and hearing impairment there is due to his being a man of lashon hara and strife in this world.

הלעיטני נא מן האדום. There is a great moral lesson here. It teaches that man's food intake should be based on considerations of sanctity and modesty. When he eats, he should behave as if in the presence of his king. This is best illustrated in Exodus 23,11 where the אצילי בני ישראל, the elite of the Children of Israel, are portrayed as ויחזו את האלוקים, ויאכלו וישתו, "They had a vision of G–d and they ate and drank." Surely this means that they consecrated their eating and drinking to be such a sacred activity that they were fit to have visions of the Divine even then.

ולקחת מראשית פרי האדמה . Rav Huna, commenting on the first verse in the Torah in Bereshit Rabbah 1,4, says that the universe was created in consideration of three merits acquired by Israel. They are: the merit of setting aside the חלה from their doughs, the merit of giving tithes, and the merit of bringing the first ripe fruit to the Temple. In fact, the reason that the word used by the Torah for describing the beginning of creation is בראשית, [and not e.g. בהתחלה] is that the legislation of חלה is described as setting aside מראשית עריסותיכם, "from the 'beginning' of your dough" (Numbers 15,20). The same word is also used in Deut. 18,4 in connection with the tithes. The expression is further used in connection with בכורים, as we know from our פרשה 26,2. The difficulty with this Midrash is why these three commandments should be so much more important than others to justify their being reported to be the reason that G–d created the universe. We have other easily understandable quotes about the word ראשית being equated with Israel and the world being created for the sake of Israel or for the sake of Torah. This special significance of the above-mentioned three commandments certainly needs elaboration! Another difficulty in the Midrash is the wording אין דבר נקרא ראשית אלא חלה, which implies that the appellation ראשית is not accorded to anything else but חלה. How can the Midrash reverse itself immediately afterwards and state אין דבר נקרא ראשית אלא מעשר? The Midrash compounds this by stating "אין דבר נקרא ראשית אלא בכורים." How many things are there which qualify for the exclusive appellation ראשית? Another difficulty is that the verse (18,4) quoted by the Midrash as proving that the term ראשית applies to מעשר actually speaks of תרומה and not of מעשרות? Why does the Midrash not use the customary form for quoting a verse i.e. שנאמר, but instead says: כמה דאת אמר?

But there is a kind of mercy that is worse than cruelty. For example, when one has mercy on the wicked and strengthens them. And there is a great stumbling block before the one who raises up the wicked and gives them his hand and abases and rejects the good, and on this it is said in the Torah: "Neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him" (Deut. 13:9). Nor shall one have mercy upon the poor in the course of a law suit, but judge the case fairly, as it is written: "Neither shall you favor a poor man in his cause" (Exodus 23:3), which means that he should not prevert justice because of sympathy with the poor man's distress. And there is mercy which is cruelty. For example, when one gives alms to a poor man and afterwards burdens the poor man by saying, "I gave you this and this; now you must do something for me and serve me just like all that I did for you." And of this type of mercy it is said : "The mercies of the wicked are cruel" (Prov. 12:10).

There is an additional important allusion in this verse which is seized upon by the Zohar in a different context. Accordingly, the performance of a מצוה enhances the "image" of G–d, whereas when one sins one damages G–d's "image" both in the Celestial Regions and on earth. Man's sins leave noticeable imprints on his face; this is the reason that Isaiah 3,9 speaks of: הכרת פנים ענתה בם, "Their faces reflect their sins. Rabbi Moshe Alshich, commenting on Genesis 45,28: אלכה ואראנו בטרם אמות, "I will go and see him (Joseph) before I die," writes that Jacob wanted to determine if Joseph had remained loyal to the Abrahamitic tradition by looking at his face. As soon as Jacob looked at Joseph's face (Genesis 46,29) he expressed willingness to die. The Torah phrases this peculiarly when it writes: "After I have seen that you are alive." At first glance the words "that you are alive" seem superfluous. Jacob indicated by his words that being "alive" in itself was quite meaningless unless Joseph had remained loyal to his father's teachings. Joseph's face reflected G–d's approval, i.e. G–d made Joseph's face light up. One of the ways which result in man's face being illuminated is by means of repentance. When the Jewish people are reminded (Deut. 5,4) that G–d spoke to them פנים אל פנים, "face to face," this is a compliment telling us that their facial features had undergone a change for the better, and that the ugly lines on their faces reflecting their sinful behavior had been erased. Psalms 42,12 speaks of the hope of the sons of Korach. There is no point in being downcast when repentance can cause us to reflect G–d's salvation on our own face; not only this, but we will simultaneously remove the tarnish caused to G–d's "image" by our own sins. The commandment to appear in the Temple three times a year (16,16), caused our sages in Chagigah 2a to say that the word יראה can be read both passively or actively, i.e. "to be seen" or "to see." Their message is that if one comes to the Temple with a positive attitude, i.e. in order to "see" G–d, then one will also be positively "seen" by G–d. This also enables us to understand another verse which is generally held to be almost beyond comprehension.

He also diminishes his stature as a human being thereby [(by speaking lashon hara)] until he emerges "worse than a dog," as Chazal have said (Pesachim 118a): "One who speaks lashon hara … deserves to be thrown to the dogs, it being written (Shemoth 23:1): 'You shall not receive a false report,' which is read as you shall not spread, which is preceded by (Ibid. 22:30): '…to the dog shall you throw it.'" The rationale is obvious, as written by the Maharal of Prague: "For the dogs guarded themselves when necessary, from 'sharpening their tongues,' as it is written (Ibid. 11;7): 'And against all the children of Israel, a dog shall not sharpen its tongue' — and he [(a human being)], whom the L-rd accorded understanding and knowledge could not restrain his yetzer from this [(lashon hara)] — wherefore he is 'worse' than a dog."

Even from an animal he must keep cruely far away, as it is written: "A righteous man knows the needs and capacity of his animal" (Prov. 12:10), so as not to burden it too much and not to let it hunger, and so it is written : "When you see the donkey of one who hates you lying under his burden you shall restrain yourself from passing by; you shall surely work with him to release the animal" (Exod. 23:5). And our rabbis said: "The laws against causing pain to living creatures are from the Torah" (Baba Mezi'a 32b). And if you are a man who inspires fear, and the fear of you is upon other human beings so that they are afraid to refuse your requests, be very careful not to overburden them even by asking them to warm a flask of water or sending them on an errand to the market square to buy merely a loaf of bread. And on this subject it is said in the Torah: "But over your brothers the children of Israel you shall not rule one over another harshly" (Lev. 25:46). And as to this precept we have been warned that a man should not cause his companion to work at hard labor and not command him to anything unless he does it willingly and knowingly. A Canaanite slave may be directed to do hard labor, yet even in this latter case the pious way is to be merciful to him and not to make the yoke too heavy and not shame him, not by a blow and not by words, for Scripture has permitted you to receive his labor but not to shame him (Niddah 47a). And the master must speak quietly to his Canaanite slave even though there is a quarrel between them, and he must listen to his slave's complaints, and so did Job say: "If I did despise the cause of my man servant or of my maid servant when they contended with me — What then shall I do when God rises up and when He remembers some wrong He claims I did to a slave, what shall I answer him. Did not he that made me in the womb make him (the Canaanite slave) also? And did not the One fashion us (both) in the womb?" (Job 31:13-15).

The Pardes Rimonim mentions that the "miniature" number is a reference to Chanoch (otherwise known as the angel Mattatron) who is also called נער, and whose function is alluded to in Solomon's Proverbs 22, 6: חנוך לנער על פי דרכו, "educate the lad in the manner appropriate for him. [In his chapter on the definitions of certain words, the author of Pardes Rimonim defines the reason that Mattatron is called נער as being that he performs the duties of a נער. These duties are comprehensive just as the duties of Joshua, who is described as a נער, a senior servant of Moses, or Eliezer, who is described in that fashion although he was the senior servant of Abraham. According to Kabbalists, Mattatron provides the "food" not only for our world but also for the world of the angels. Ed.] When the souls of Jacob and Joseph respectively expanded from the world of אצילות, their origin, the features of Jacob remained engraved on the throne of G–d. This throne is immediately below the region we have called אצילות. Joseph is immediately below his father in the domain of Mattatron whose activities emanate from beneath that "throne." The significance of the throne is the mystery of בריאה, whereas the significance of Mattatron in the same scheme is the mystery surrounding יצירה, [a more advanced state of the creation of matter. Ed]. Concerning this latter aspect of Mattatron's activities, the Torah describes Joseph here as 17 years old, i.e. a "junior." Kabbalists also refer to Mattatron as עבד. The Zohar points that out on Genesis 24, 2 where Abraham instructs עבדו זקן ביתו, "his servant the senior member of his household," to get a wife for Isaac. I have explained this at length in my commentary on חיי שרה. The expression עבד also occurs in Joseph's life when the latter is sold by his brothers. G–d sent His angel along to protect Joseph on his various journeys. This guidance was of a similar nature as that described in Exodus 23, 20: הנה אנכי שולח מלאך לפניך לשמרך בדרך, "Here I am sending an angel ahead of you to protect you on the journey." Our sages identified that angel with the angel Mattatron, as mentioned by Rashi on that verse. [The fact that Rashi mentions that the numerical value of 314=מטטרון=שדי, clearly establishes that Mattatron is active in matters of יצירה, an activity requring the attribute of שדי. Ed.]

And, likewise, one who is accustomed to eat unkosher meat or to feed it to a Jew. And this is intimated in the Torah, it being written (Shemoth 23:1): "And men of holiness shall you be to Me, and flesh torn in the field you shall not eat. To the dog shall you throw it," after which it is written (Ibid. 23:1): "You shall not spread a false report." It emerges, then, that the verse of "To the dog shall you throw it" is found between these two sins — eating treifah [torn flesh] and speaking lashon hara, to teach us that for these two sins, a man may be reincarnated as a dog. And this is what King David, may peace be upon him, intimated in (Psalms 22:21): "Rescue from the sword, my soul; [rescue] from the dog, my soul," followed by "I will speak Your name to my brothers, etc." That is, I do not use my tongue to speak lashon hara, to be punished therefor by this dreadful reincarnation, but I use it to praise You and to exhort Israel, that they should fear You and praise You. And know that the Kabbalists have said that even though when a man is reincarnated in the form of another man he is unaware of his prior state, still when he is reincarnated as an animal or as a bird, he is aware of his prior state and suffers terribly at having descended from heaven from the form of a man to the form of a beast. Therefore, every man should fear and tremble and be soft of heart while he yet lives, while he yet has free will and knows his G-d, so that He forgives his sins and removes His wrath from him. And when his soul leaves him he will rest in peace and repose in His shade in Gan Eden. For He is gracious and merciful and abundant in lovingkindness. And (Berachoth 34b): "In the place where penitents stand, absolute Tzaddikim cannot stand." Until here, the words of the Sefer Charedim, in short.

(Ibid. 17): "For I heard them [the brothers] saying: 'Let us go to Dothan [nelchah dotainah],' which Rashi interprets: 'to seek against you nichlei datoth [legal devices (suggested by 'nelchah dothainah')] to kill you with." The explanation: It was decided by them that Joseph was a man of lashon hara, who provoked their father to hate them. And who knows how much contention he would stir up among them? They, therefore, sought some pretext to rid themselves of him in a way which would not make them "murderers" legally. As far as his being killed indirectly through them, this did not concern them. And as to their saying (Ibid. 60): "Let us go and kill him," this was meant in the same indirect sense. As stated in the well known Gemara, Makkoth 23a): "If one speaks lashon hara, he is fit to be cast to the dogs, it being written (Shemoth 23:1): 'You shall not bear a false report,' preceded by (Ibid. 22:39): 'To the dog shall you cast it.'" And we find in the Gemara (Bava Kamma 24b): "If one sicked a dog against someone, he is not guilty [of murder]." And even though by the law of Heaven, he is certainly liable for "indirection," too, they thought that in this instance they would not be liable by the law of Heaven because Joseph was a man of lashon hara and contention.

But the wisest of men (Shlomo) has taught us that all of this is contrary to the will of the Creator, blessed be He, and the attributes of His pious ones as written: "the righteous man hates a false word" (Mishlei 13:5). This is also what the Torah commands us: "keep far from a false matter" (Shemot 23:7). Notice that the verse did not say "guard against falsehood" but rather "keep far from a false matter", to rouse us on the great extent one must distance and flee far away from falsehood, as scripture says: "The remnant of Israel shall not do iniquity nor speak lies, and a deceitful tongue shall not be found in their mouths" (Tzefania 3:13).

And know further that one who desires to merit the quality of peace must guard himself also against the accepting of lashon hara and rechiluth. For aside from the punishment itself (Chazal having said (Pesachim 118a): "If one accepts lashon hara, he is fit to be thrown to the dogs, it being written (Shemoth 23:1): 'Do not bear a false report,' preceded by (Ibid. 22:30): 'To the dog shall you throw it'"), one further comes through it to vain hatred, quarrels, and contention. For since he accepts the thing at the outset as true, that Ploni spoke against him or did this and this to him, it is almost impossible for him afterwards not to cause his friend suffering or to quarrel with him because of this. And in the end, this results in their becoming great foes, each one wanting to "swallow the other's blood," and rejoicing in his misfortune. And all of this resulted from acceptance, his acceptance of the speaker's words at the outset as absolute truth. If he had followed the way of the Torah, he would not have come to this. For when someone comes to him and tells him what Ploni did or said to him, he should have thought: Perhaps the thing is an outright lie, or perhaps he added something that changed the complexion of the thing entirely. Or even if he added nothing, perhaps he did not relate the entire thing as it was, but left out several words. Or perhaps he varied his intonation, and thereby entirely changed things. Or perhaps he should have thought of something in defense of the one spoken of, that he did what he did unwittingly, or the like. And [if he had proceeded thus], as a matter of course, things would not have come to quarreling and contention and vain hatred.

This is why our Rabbis described Torah as דין from beginning to end. There is also the incident recorded in Baba Kama 99, in which Rabbi Chiyah refunded money to a woman who claimed that he had erred in evaluating a certain coin, though according to all the rules of trade and commerce there was no need for him to do so. Concerning such situations the sages said תורה תחילתו דינין וסופו דינין. This means that there are two attributes called דין. This is the attribute of Justice which G–d had intended to use as a yardstick originally, before He began creating the universe. Afterwards, He decided to apply מדת הדין הרעה (perhaps best translated as the "painful" attribute of judgment). This is why G–d ordered the judges (through the Torah), to perform their tasks in a manner similar to that of Himself. G–d inclines towards a lenient view whenever this is possible. Hence the Torah tells us לא תהיה אחרי רבים לרעות, Exodus 23,2, that when there is a slim majority of one favouring a verdict of "guilty," such a majority is not enough, though it would be good enough to return a verdict of "innocent" (23,2).

When the Torah (16,16) commands that these pilgrimages have to be made on three occasions annually, this is an allusion to Isaac, an unblemished total offering. In connection with the עקדת יצחק the Torah mentions the word Yireh or Yera'eh three times (Genesis 22, 8-14-14). "Three times a year every male of yours shall be seen by the Lord your G–d in the place G–d will select," corresponds to Genesis 22,8: "G–d will select for Himself the lamb as the total offering my son." This is because the words in Exodus 34,23 "את פני האדון ה' אלוקי ישראל" are an expression of a decree by G–d the "Master" Who decreees that He wants to see them together in one spot. "Three times as year every one of your males shall be seen by the Lord your G–d" (Exodus 23,17), corresponds to the second time the word is used in connection with the עקדה. The third directive to make the pilgrimage to Jerusalem is in our verse here and corresponds to the third time the Torah used the expression יראה in connection with the binding of Isaac. It is a reference to the Mountain of G–d, Moriah. The warning השמר לך (12,13) in this portion not to offer sacrifices anywhere else, corresponds to similar words used by Abraham in his instructions to Eliezer (Genesis 24,6) not to bring Isaac back to Ur Kasdim whence Abraham had emigrated to the land of Canaan. The common denominator to all this is that Isaac, as an unblemished total offering, was not allowed to leave ארץ ישראל.

(Ibid. 23:1): "Do not receive a false report," concerning which our sages have said (Pesachim 118a): "All who speak lashon hara deserve to be cast to the dogs, it being written 'Do not receive [tissa] a false report,' which may also be read 'Do not spread [tassi] a false report.' And this is preceded by (22:30): 'To the dog shall you throw it [which can also be read "him"].'" This is easily understood. For it is the way of the dog always to bark and sometimes even to bite one who walks by him, even if he does so "innocently." So is it the way of the man of lashon hara to harm everyone with his "bark." He finds fault with all men and shames them. It is only fit, then, that he be cast before the dogs and that they affright and bite him, "measure for measure."

Juxtaposed with this is (23:2): "Do not incline after many [wicked men] for evil." The commentators explained this to mean that even if one sees that many have habituated themselves to a certain sin he should not follow them. And so, in our instance. Even if one sees that many of his friends and acquaintances stumble in this sin of lashon hara, he should not be enticed into following them.

And see further that from his cleansing we can reflect upon the greatness of his sin. For Scripture required the Cohein to place what remained of the oil on his palm or on the head of the one to be cleansed, something that we find in no other place. And this, because he must also have sinned in the acceptance of lashon hara. And the issur of the acceptance of lashon hara stems from his believing the lashon hara absolutely in his mind, whereby he transgresses the negative commandment of (Shemoth 23a): "You shall not bear a false report," as we explained in Chafetz Chaim, in the name of the Rishonim. If so, his mind is full of blemishes and faults vis-à-vis many men, wherefore the Torah required him to cleanse his head, so that henceforward he will follow this path no more and will judge every man in the scales of merit.

We are now in a position to explain what Moses meant when he said to his father-in-law Chovav "we are about to journey to the place G–d has spoken of" (10,29). He hinted to him that there are two categories of טוב, good, depending on the way this word is spelled. He hinted that G–d would not only bring the Jewish people to the Holy Land, a land that was visibly good, but that He would eventually bring the Jewish people to the מקום, place of which G–d had said in Parshat Mishpatim, ולהביאך אל המקום אשר הכינותי, "and to bring you to the Place which I have prepared" (Exodus 23,20). On this verse, Rashi says that the word המקום is an allusion to the Sanctuary in the Celestial Spheres which is "opposite" the Sanctuary on earth. Moses continued: "Go with us, and we will deal generously with you, for G–d has spoken well concerning Israel." He told his father-in-law that G–d's promise extended only to Israel, but not to the pious Gentiles. However, Moses intimated that by reason of attaching himself to Israel, he, Chovav would benefit from G–d's promise indirectly.

לא תשא שמע שוא. A judge must not listen to the arguments of one litigant when his opposite number is absent. Rabbi Menachem Habavli writes that we may view the body and the soul as two litigants before the judge, i.e. G–d. As long as they both approach G–d simultaneously, G–d judges them. If, however, the body has already died, become decomposed, etc., the sinner, i.e the soul, remains a litigant who cannot be dealt with since his partner in crime is missing. This is why the Torah has to say elsewhere וכפר אדמתו עמו, (Deut 32,41) that the red looking body i.e. אדמדם (while full of blood) is the other litigant. If it has departed there is nothing else for the soul to do but return to its origin, the place below G–d's throne.

ודל לא תהדר בריבו. Do not favour the poor when he is involved in litigation." If someone is "poor" in Torah knowledge he does not deserve any special consideration by the judges. When he is "rich" in Torah knowledge, however, he does deserve special consideration, such as his case being dealt with by the judges ahead of others.

שלוש פעמים בשנה יראה כל זכורך וכו. Rabbi Menachem Habavli explains that ordinarily a person who is full of sins (as we all are) would not have the audacity to appear before His King three times a year wearing these sins around his neck as if they were jewelry. Since we are commanded to make such appearance, it is clear we must see to it that we are free from sin. The word פעמים is reminiscent of פעמון ,bell. In other words, the commandments are to serve as an alarm bell that we should cleanse ourselves from sin before undertaking the pilgrimage and appearing in the Presence of G'd in the holy Temple.

Moses, in characteristic modesty, said to him "please don't abandon us," to indicate that his father-in-law had not understood him properly. He reminded his father-in-law that the latter was so well versed in all that was going on in the camp of the Israelites that he knew full well that there was a celestial counterpart to the camps of the Israelites and to their flags down here on earth. This is what is meant by the words על כן אתה ידעת חנותינו במדבר.

As there are 70 ways to explain the Torah, we are are permitted to approach these problems from a different angle. We will do so by referring to a different Midrash. Commenting on Song of Songs 4,8: תשורי מראש אמנה, Tanchuma Beshalach 10 states that the redemption of the Jews was triggered by G–d's knowledge that they would compose the song of gratitude and extol G–d's virtues as recorded in our portion. In turn the merit that enabled Israel to proclaim this song originally was Abraham's for he had expressed faith in G–d as reported in the Torah (Genesis 15,7) that he believed the promise that he would have children and that their children would inherit the land of Canaan.

As for him who speaks the truth, there is no quality like it. Therefore, "The beginning of thy word is truth" (Ps. 119:160). And it is said, "Keep thee far from a false matter" (Ex. 23:7).

As for him who speaks the truth, there is no quality like it. Therefore, "The beginning of thy word is truth" (Ps. 119:160). And it is said, "Keep thee far from a false matter" (Ex. 23:7).

Gossips may be divided into six categories. The first is he who speaks evil of people and says, "Thus did they do," when in fact they did not do so, and at times he will slander an honorable and innocent person — in which case he is both a liar and a gossip. And we have been warned by the Torah not to accept gossip because it may be false, as it is said, "Thou shalt not utter a false report" (Ex. 23:1). And one who speaks gossip, will also be quick to accept gossip. And you should know that if one who hears gossip endorses what he has heard, then he is just as guilty as the gossiper. For all who hear that he agreed, will say, "Since he endorses it, it must be true." And even if he does not agree, but simply listens intently to the words, and appears to believe them, in the presence of people, he causes others to believe them too, and thus he helps the gossiper. For if he were to scold the gossiper, then he might restrain him from telling more, but since he pays attention and shows that he is interested, he causes him to speak even more gossip. And, behold, we have been warned by the verse, "Thou shalt not utter a false report" that we should not believe a gossip story in our hearts, for this would leave a strong imprint in our thoughts that the words are true and cause us to despise the object of the gossip.

And now we shall speak about the faculty of hearing. Hearing, in itself, is good, as it is written (Isaiah 55:3): "Hear, and let your souls live." And (Mishlei 15:31): "The ear that hears the reproof of life, in the midst of the wise will it reside." And hearing works on a man to cause him to satisfy [an obligation] by hearing as if he had performed it himself. A proof may be adduced from the reading of the Megillah, the blowing of the shofar, and other such things, such as [the recitation of] Kiddush and the grace over meals, where one makes the blessing and all the listeners satisfy the obligation. Similarly, all of the receiving of the Torah was through hearing. All this, for good things. The reverse is true for bad things, G-d forbid. Hearing [bad things] also greatly affects a man's soul. It is well known what our sages of blessed memory have said (Kethuvoth 5b): "The Rabbis taught: 'Let a man not allow idle speech to be heard by his ears, for they are the first of the organs to be "burnt."'" How much more so [does this apply] to one who intends to cause rechiluth to be heard by his ears, this being proscribed by a negative commandment in the Torah, viz. (Shemoth 23:1): "You shall not bear a false report," or to one who hears, with intent, lashon hara and other forbidden things, or frivolous speech or leitzanuth (levity), in which instance his sin is too great to bear. And our sages of blessed memory have said about the scoffer (Avodah Zarah 18b) that suffering comes upon him, as it is written (Isaiah 28:22): "Do not scoff, lest your bonds be strengthened." And they have also said (Shabbath 33a): "Even he who listens [to obscenity] and remains silent [is condemned], it being written (Mishlei 22:14): 'The abhorred of the L-rd will abide there' [next to the speaker of obscenity.]"

As stated, the three letters in צחק allude to the respective ages of Sarah (90) and Abraham (100) when Isaac was born; the letter ח in the middle alludes to the number (8), the day on which Isaac was circumcised. When we write the word in מלואים, i.e. צדיק-חת-קוף, we have an allusion to the three gifts i.e תורה-ארץ ישראל-עולם הבא. Abraham and Sarah were צדיקים. He converted the men, she the women.

Both the Talmud and the Midrash have provided legitimate answers. Both answers reflect similar ideas. Let me first say a few words of introduction. The mutual and intimate connection between Israel and G–d is a well known fact. We are the cause of this great attachment between us and G–d through our "awakening down here," i.e. through our initiating this relationship. G–d reciprocates, pouring out over us His abundance from the Celestial Regions. This fact answers a difficulty in Rashi on Exodus 23,20: ולהביאך אל המקום אשר הכינותי, "and to bring you to the place that I have prepared." Rashi- in his Midrashic commentary- says that it means that 'My place' is already visible opposite this place. This is one of the verses from which we can learn that there is a Celestial Sanctuary opposite the Sanctuary on earth." This poses the question as to what is primary and what is secondary? Does the Celestial Sanctuary have to await the building of a terrestrial Sanctuary by Israel, or vice versa? Under normal circumstances the junior partner is always dependent on the senior partner. In accordance with that rule Rashi should have described the terrestrial Sanctuary as dependent on the existence of the Celestial Sanctuary. The site of the Sanctuary on earth should have been described as opposite the Celestial Sanctuary! Another difficulty is the wording of Rashi in the first half of his comment. He says: "its place was already recognisable." Afterwards Rashi speaks of the terrestrial Sanctuary having already existed before the Celestial Sanctuary came into being!

Following this injunction, the Torah warns that one should not place obstacles in the path of the blind, an allusion to attempts to bribe judges whose sense of fairness would be blinded by acceptance of a bribe, such as Moses has repeated in Deut. 16,19. There are other dimensions to such bribes, i.e. attempts to trip up the blind, such as the advice given in Jerusalem Talmud Taanit 3,6 "to honour, i.e. send gifts to your physician before you are in need of him." People who do this know that sooner or later they will be in need of the services of a physician, and they want to ensure that they will then get immediate attention. The same is true of someone who is in the habit of sending gifts to a judge. He knows that if ever he will need to have to appear before a judge in litigation, he can choose this judge knowing he will be favourably disposed towards him. The Torah therefore ends the verse with the injunction to fear the Lord your G–d, i.e. that G–d is quite aware of our machinations. This fear of the Lord is something within the province of one's heart.

Commandments 87 and 88 deal with the prohibition of swearing an oath in the name of some idolatrous deity and the law not to promote such deity in any form, since the Torah says: "Make no mention of other gods, nor let them be heard from your mouth" (23,13). Some think that the main prohibition is not to enter into business relations with idol worshippers on days that are holidays in their religion, since on such days the Gentile is bound to mention his idol and the Jew may inadvertently cause the Gentile to praise his deity. Since even Gentiles are prohibited from worshipping idols, this would be accounted a sin against the Jew causing it. Our sages have been so careful to ensure that we distance ourselves from such a sin that they forbade saying to a Gentile: "hold this package for me near the statue of such and such a deity" (Sanhedrin 63).

Commandment 90 forbids the slaughtering of the Passover lamb before disposal and destruction of leavened things. The Torah says: "Do not offer the blood of My sacrifice with anything leavened" (23,18).

G–d responded: "Indeed My Presence will go." To the request that this should occur already at this time, G–d said this will occur at a time והניחותי לך, "when I will will grant rest, i.e. in the land of Israel itself, not on the journey." A parallel meaning of the word והניחותי may be found in Deut. 25,19, in conjunction with the duty to wipe out Amalek after G–d has given the Jewish people rest, i.e. בהניח from all their enemies becomes operative. You might ask that if G–d had already told Moses that His Presence in the form of the Ineffable Name would be revealed once the Jewish people were in the land of Israel, what would have been the advantage if Moses had been allowed to bring the Jewish people to the land of Israel? In either event there would be a manifestation of the Ineffable Name in the land of Israel? Under the leadership of the angel who accompanied Joshua G–d's Presence as the Ineffable Name became manifest only within the precincts of the Holy Temple. Had Moses been allowed to bring the Jewish people into the Holy Land, such a presence of the Ineffable Name would have been manifest throughout the Holy Land, not only within the precincts of the Holy Temple.

לא תעשו עול במשפט במדה . According to ancient sources this prohibition at this point (19,35) is addressed to people who measure unfairly. People who do this contribute to destroying the universe. The person who does the measuring is called "judge". The Torah had already prohibited the perversion of justice when it said: לא תטה משפט, "Do not subvert justice, etc." (Exodus 23,6). The emphasis on the words לא תעשו, "do not engage in a tangible activity," suggests that the meaning here is that it is the making of changes which is illegal.

Let us get back to our immediate problem. Mattatron watches over Israel, he acts as G–d's agent. Rabbeynu Bachyah writes in his commentary on Parshat Mishpatim on Exodus 23,20 that Mattatron is so called because his name is comprised of two elements, both relevant to our problem. It suggests both the word אדון, master, as well as the word שליח, messenger. The former is based on our sages who describe the mistress of the house as Matrona. The name שליח, is from the Greek. The Greek for messenger is Mentator. Furthermore, the name contains a reference to the word שומר, guardian, since the Aramaic for משמרת is Mattarat. Inasmuch as Mattatron is the guardian of the world, he is the guardian of Israel.

Both the Zohar and Pardes Rimonim describe this angel also as עבד. Seeing that the Torah in Deut 14,1 describes Israel as "Children of the Lord your G–d", we find that Israel appears in a dual role. From the vantage point of the עולם האצילות, the purely spiritual domain, -seeing that our souls are anchored in that domain- our relationship with G–d is like that of children to their father. From the vantage point of the material world, the עולם הבריאה, and anything "below" that, however, our optimal status is that of עבד השם, a servant of the Lord. (This עולם הבריאה is called by Kabbalists the סוד האמה העבריה, "the mystical significance of the portion dealing with the Jewish maid-servant in Exodus chapter 21, whereas Mattatron is the סוד עבד עברי, seeing he represents the עולם האצילות). When Exodus 23,20 speaks about the angel G–d will send ahead of the Jewish people to guard and protect Israel on its journey and that angel is described as embodying G–d's name, Rashi, quoting ancient sources says that this is Mattatron whose name is identical with the name of G–d (Exodus 23,20). The numerical value of the letters in 314= מטטרון-שדי.

The commandment requiring us to help the owner of an overloaded animal or human being (22,4) by unloading the excessive load is directed at the natural tendency to ignore the discomfort of our detractors. The Torah demands that we put aside such petty considerations and display empathy with the pain of such a human being. When the Torah phrases the action to be taken by using the words הקם תקים עמו, the emphasis is on the last word, i.e. what you do for the victim you are really doing for yourself. By having demonstrated this kind of empathy you may feel confident that, should the occasion arise, you too will become the beneficiary of someone else's empathy. The Talmud Baba Metzia 31 says that given a choice of helping one's friend unload an overburdened animal and helping an enemy load his beast, you must give preference to loading the enemy's beast; such an act helps restore harmonious relations between him and you (cf. Exodus 23,5).

The crown of Torah, known as תפארת, refers to the written Torah which was deposited in the Holy Ark, otherwise known as ארון הברית אדון כל הארץ, "the ark of the covenant with the Lord of the whole earth. This name is a reference to the שכינה, i.e. the ark containing תפארת, and is concealed therein as explained by the Zohar. The border or crown around the Holy Ark is an allusion to the אשת חיל עטרת בעלה, "The woman of valour, crown of her husband" (Proverbs 12,4). When the Torah (Exodus 25,12) commands: "You shall cast for it (the golden altar) four rings of gold," this is an allusion to the four legs of the מרכבה, chariot, which carries the presence of the שכינה. The dimensions of the tablets, -2 tablets each of 6 handbreadths by 6 handbreadths by 3 handbreadths each,- add up to 72 handbreadths cubed, i.e. 216. The number 216 is reminiscent of the Ineffable name of G–d spelled as words, using the letter י in such a spelling. [Example: יוד-הי-ויו-הי. This gives you 72. When you cube this number, as we did with the measurements of the tablets, you obtain the number 216. Ed.] The written Torah is the foundation, יסוד, of the Ineffable Name, and it reposed within the Holy Ark, as hinted at when G–d said: כי שמי בקרבו, "For My Name is within it" (Exodus 23,21). This means that G–d's Ineffable Name is in the Sanctuary, that G–d is found within His Torah. This is where you find the crown of the good name. From that source Israel [potentially any Israelite. Ed.] was crowned with the crown of Torah.

After the דינין and משפטים in this portion have been concluded, the Torah turns its attention to Israel's journey towards the Holy Land with (23,20,) הנה אנ כי שולח מלאך לפניך. "Here I am sending an angel ahead of you." Shemot Rabbah 32,6, quotes Psalms 34,8, חונה מלאך ה' סביב ליראיו ויחלצם, "the angel of the Lord camps around those who fear Him, and rescues them." When man performs a commandment of the Torah, G–d creates an angel to protect that person. When said person performs two commandments, G–d provides two angels to protect him, since we are told in Psalms 91,11, כי מלאכיו יצוה לך לשמרך בכל דרכיך "for He will order His angels (pl) to guard you wherever you go." If a person performs many commandments, G–d gives him half His camp as is written: "A thousand may fall on your left side, ten thousand on your right side, but it (disaster) shall not reach you" (Psalms 91,7). This half of G–ds camp is described in Psalms 68,18, i.e. that "G–d's chariots are myriads upon myriads, thousands upon thousands."

Since we are already on the subject of verse 22,14, let me tell you something interesting. The expression יראה is employed here twice; once it is vocalized Yireh, the other time it is vocalized Ye-ra-eh. I have already mentioned that a great promise is contained in this verse. We have also a promise in Isaiah 52,8 כי עין בעין יראו בשוב ה' ציון, that G–d's return to Zion will be witnessed visually. I believe that the two words יראה in our verse are an allusion to a statement by our sages in Chagigah 2 that בדרך שבא לראות כך בא לראות, "just as one sees with both eyes so one is seen with both eyes." The Talmud uses our verse to draw a comparison between the way G–d sees us and the way we see Him. It concludes that if someone is blind in one eye he need not make the pilgrimage to Jerusalem on the holidays since the Torah requires him to be "seen," i.e Ye-ra-eh.

The צרור המור however, makes G–d the subject, i.e. the litigant really comes to G–d, as if Moses had said "when a matter needs to be judged by G–d, the litigant comes to me (Moses) to present his arguments. When that happens, I do not listen to him, but wait until the other litigant, his opponent, is also present." This is independently confirmed in Deut. 1,16. Our Rabbis have warned insistently that judges must not hear an argument unless both sides are present; they even ruled that failure to observe this rule is equivalent to violating the commandment "לא תשא שמע שוא" (Exodus 23,1). This is the reason why the first verse in our Parshah states תשים לפניהם, "place before them." Furthermore, Moses told Yitro (18,16) that even if a similar problem as that which is now בא אלי, had been judged by him on a previous occasion, he would not simply use that precedent to hand down an identical verdict, but would consider this case on its own merits, i.e. ושפטתי בין איש ובין רעהו, because no two cases can be entirely alike. The judge must consider the respective personalities of the litigants. This too is the meaning of אשר תשים לפניהם. Another possible meaning of the word לפניהם could be that the matter should be judged forthwith, the judge should not say that he will deal with it when he gets around to it in his own good time.