Beruflich Dokumente
Kultur Dokumente
T
A Grain of Salt Contemporary
Halacha
Taxation and Dina
Rabbi Joshua Hoffman
he Torah tells us that when the flow of the passuk: Yitzchak was asked his father how one tithes straw
Demachusa
Ya’akov and Eisav grew up, Eisav able to retain his natural love for Eisav and salt. In point of fact, only things
became an “ish yodeya tzayid” – a man (despite his general deviation from which grow from the ground need to
who knew trapping, while Ya'akov God's path) because Eisav had been be tithed, and, so, Yitzchak was Rav Hershel Schachter
became an “ish tam, yoshev ohalim” – a representing himself as being obser- impressed by Eisav's scrupulousness
complete man who abided in tents. vant of the mitzvos. Even according in trying to fulfill the mitzvos. Rashi's
n the days of the Talmud
“And Yitzchak loved Eisav, because to the midrash, however, Yitzchak's apparent understanding of the
Itaxes were collected for the
purpose of enriching the king.
trapping was in his mouth, and Rivkah love came as a natural result of the midrash, explaining it to mean that Based on the Parshas
loved Ya'akov” (Bereishis 25:27-28). physical benefit that he derived from Eisav deliberately fooled Yitzchak, is HaMelech in Sefer Shmuel, the
The difference between Yitzchak and him. Rivkah, however, loved Ya'akov very difficult because it is in conflict Rabbis formulated the princi-
Rivkah in their respective love for their beyond the natural love of a parent, with his approach to other midrashim ple of dina demalchusa dina,
children appears, at first blush, to be because he spent more time at home, about Eisav, as reflected in his com-
literally, the “law of the land is
disturbing, and needs to be understood. being a dweller of tents, and she there- mentary later in the parsha.
the law”: everyone must pay
Rabbi Avraham ben HaRambam fore simply saw him more than she When Eisav discovered that Ya'akov
taxes. In Shulchan Aruch, the
explains that Yitzchak loved Eisav saw Eisav. deprived him of their father's bless-
Rishonim are quoted as having
pointed out that if the taxes are
because he provided him with food, as Rashi first cites the explanation of the ings, he said in his heart: "The days of unfair, or discriminatory (which
the Targum explains. R. Avraham adds Targum, just as R. Avraham does. He mourning for my father will draw near, is also unfair,) this would not
that some midrashim explain “ki tzayid then cites the midrash, but he seems to then I will kill my brother Ya'akov" constitute “dina” demalchusa –
befiv” (“because trapping was in his understand it differently. Whereas R. (Bereishis 27:41). Rashi there writes “the law of the land,” but
mouth”) to mean that Eisav trapped Avraham finds a way to reconcile the that this is to be understood 'as it rather “gazlanusa” demalchusa
Yitzchak with his mouth by saying midrash with the simple meaning of sounds,' meaning, in its literal sense,
– “the embezzlement of the
things that deceived Yitzchak and led the verse, Rashi seems to understand it that Eisav did not want to cause his
land,” and such tax laws are
him to believe he was careful about as being in contradiction to its simple father pain. Therefore, he would wait
not binding. A system of grad-
keeping mitzvos. This midrash clarifies meaning. Eisav, says the midrash, to kill Ya’akov until after his father's
uated income tax is considered
fair and reasonable.
continued on page 3
There was a theory among
I
some of the Baalei HaTosfos
T a b l e Torah Reflecting upon our Mortality that the idea behind paying
n this week’s Parasha we are confronted knew that just like all other men, some day he The Chafetz Chaim notes that the manner in
Noah Cheses continued on page 2
with the story in which Ya’akov buys the too would die. Eisav, however, saw his day of which a person approaches his day of death is
firstborn privileges from his older brother death as a reason to enjoy this world as much indicative of what kind of person this individ-
Eisav. In this passage, Eisav declares: “Here I as possible while he had the chance. In this ual is. In Jewish literature, the day of death is
am about to die – what good is the birthright manner, Eisav justified his hedonism and lazi- viewed as a source of motivation to inspire
to me?” (Genesis 25:32). The Chafetz Chaim ness. The burden of the birthright did not fit people to life full lives. May we all strive to
explains this declaration to mean that Eisav into Eisav’s reason for living. attain such levels of spiritual growth.
This issue is sponsored by Aryeh Sova in honor of the recent engagement of Danny Gottesman to Aliza Breiteart
and Tal Kerem in honor of the recent engagement of Michael Schmidt and Tali Berger. Mazel Tov!!
Which mitzvos did Avraham keep?
A
continued from page 1
Yechiel Robinson
s Yitzchak dwells in Gerar antecedent elsewhere in the had not stated them. means that the "mitzvos" that
during a famine, Hashem Torah. "Chukosai" are the seemingly the Torah says Avraham kept
instructs him to stay there and Thus, Rashi defines "mishmar- illogical commandments, such must be limited to the instruc-
promises to fulfill the covenant ti" as rabbinical ordinances, as the restrictions against eating tions that appeared earlier in
that He made with Avraham. such as forbidden secondary pig-meat or wearing sha'atnez. the Torah.
This promise is appropriate, relationships and shvus prohibi- "Torosai" include the tradition Thus, at the end of his com-
says Hashem, "because ment, Ramban identifies "mish-
Avraham obeyed My voice, and
Ramban writes [that] the
marti" as Avraham's belief in
he kept My decrees, My com- one God. "Mitzvosai" are once-
mandments, My regulations,
and My instructions." (Hebrew:
family of Avraham did not only personal instructions, such
EINAYIM L’TORAH • 2
Which mitzvos did Avraham keep?
vhv, ohn, continued from page 2
Ramban writes before this that even As mentioned before, Rashi clearly states until Avraham. Avraham was commanded,
according to Rashi, the family of Avraham that Avraham and his family began to keep besides the foregoing, to do circumcision,
did not keep all 613 mitzvos before Matan the entire Torah before it was commanded.
and he prayed in the morning. Yitzchak sep-
Torah. For example, Ya'akov married Rambam, however, essentially agrees with
Rachel and Leah, who were sisters of each Ramban, and says that Avraham's partial arated a tithe and added a prayer in the after-
other, even though in Vayikra 18:18 this is Torah observance was a step in the organic noon. Ya'akov added [the prohibition
prohibited. Rather, Avraham learned the process that led to matan Torah at Sinai. against eating] the sciatic nerve and prayed in
entire Torah through ruach hakodesh – Rambam writes (hilchos Melachim 9:1):
the evening. In Egypt, Amram was given
divine inspiration - and chose to keep its "Adam was commanded on six
additional commandments, until Moshe
commandments only within the land of things…[Hashem] added for Noach [the
Israel. Ya'akov was thus allowed to marry prohibition against eating] limbs of a living Rabbeinu arrived and the Torah was com-
two sisters outside of Israel. animal…So it was throughout the world pleted by him."
death. Rashi then points out that there are aggadic personality, as he really did care for and honor his the Rambam in his Laws of Kings. Eisav, then, was
midrashim which explain the verse in several ways. father. Therefore, Rashi felt that the midrash, while not consciously trying to fool his father. However,
Nechama Leibovitz, in a seminal essay on Rashi's important for the message it conveyed, did not one cannot ignore the fact that his scrupulousness in
approach to citing midrashim, points out that there reflect the simple meaning of the Torah, which pres- performing the mitzvos of honoring his father and
are often many midrashim to any particular verse, ents people as human beings, with all of their com- tithing his crop were exceptions in his general
but Rashi very seldom tells us this. When he does, he plexities. demeanor.
means to reject those midrashim as not being in In light of Nechama Leibovitz's insight, it seems
Rabbi Levovitz says that this is the meaning of the
conformity to the simple meaning of the verse. In very difficult to understand why Rashi in the begin-
words “ki tzayid befiv” – Eisav's mouth and his
this particular instance, the other midrashim view ning of the parsha would cite a midrash that seems
heart were not consistent. When speaking to his
Eisav as representing an additional stage in the to contradict the simple meaning of the verse, and,
father and tending to his needs, he did and said all
development of evil in the world. Why did Eisav moreover, calls into question the love Eisav had for
the right things. However, in his heart, he did not
wish to wait until after his father’s death to kill his father.
Ya’akov? Eisav thought that when Kayin killed his have an overall dedication to God. Ya'akov, on the
Rabbi Yerucham Levovitz answers that, in reality,
brother Hevel, he made a mistake in not waiting other hand, is described as an “ish tam,” a complete
Eisav was sincere in his questions. Indeed, both
until their father had passed away and could not fur- man, in that everything he did was fitting and con-
Rabbi Yosef Rosen (the Rogatchover Gaon) and
ther divide his estate. Therefore, Eisav decided to Rabbi Chaim Kanyevski point out that Eisav’s ques- sistent with his overall demeanor. Ya'akov, unlike his
wait until after Yitzchak died, and then kill Ya’akov, tions were valid: there are situations in which one brother Eisav, did not adopt stringencies in one area
so he would not lose his inheritance. must, in fact, tithe straw or salt. One could add that of divine service and completely neglect other areas;
Rashi disagrees in that this view of Eisav represents Eisav specifically asked his father detailed questions rather, he was a complete and integrated person, and
him solely in a negative light, as a symbol of evil. about tithing because this was a mitzvah that thereby merited to be the one to carry on the tradi-
Rashi maintains that Eisav, in fact, had a variegated Yitzchak took special care to keep, as pointed out by tion to future generations.
PARSHAT TOLDOS • 3
Parsha Points in Toldos
Ephriam Meth
• Yitzchak and Rivkah pray for children after 20 years of infertility. Hashem responds by
giving them Yaakov and Eisav.
• Eisav sells his first-born privileges to Yaakov for a pot of beans. Einayim L’Torah
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• Hashem commands Yitzchak to remain in Israel, even though it was struck by famine.
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There, Yitzchak has altercations with the Philistines who are jealous of his and his father’s
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accomplishments. These conclude when he signs a treaty with Avimelech their king.
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• Eisav marries, and his wives embitter his parents’ lives.
• Yitzchak’s sight dims as he ages. He instructs Eisav to prepare him a feast to merit his Editors In Chief
pre-mortem blessings. Rivkah helps Yaakov take these blessings by disguising him as Pinchas Friedman
Eisav and giving him the feast. Eisav returns, discovers their trick, and vows to kill Yehuda Brand
Yaakov. Yitzchak and Rivkah send Yaakov to Lavan, to find a wife and to escape
Executive Editors
Eisav’s wrath.
Zev Koller
• Yaakov’s blessings include wealth and sovereignty over his brother; Yitzchak blesses Eisav Dovid Skversky
to live by the sword, and to gain power if Yaakov’s descendants sin.
Associative Editor
Josh Weinberg
Literary Editors
Eitan Bitter
Yosef Lindell
Jonah Shulman
Public Relations
Omer Antman
Benjamin Fakheri
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Ephraim Meth