December 17, 2005 Parshas Vayishlach

16 Kislev 5766 Volume 20, Number 11

T
Social Responsibility Contemporary
Halacha
he Rambam (Hilchos dispense justice deserves death. them. Honor Thy Father
Rabbi Yaakov Werblowsky

Melachim 9:14) contends Therefore, the townspeople of The Rishonim take issue with and Mother (Part 2)
that the basis for Shimon and Shechem, who witnessed

Levi’s annihilation of the city of
Shechem was the people’s viola-
tion of one of the Seven
Noachide Laws. According to
the gemara in Sanhedrin (56b),
one of the seven obligations
incumbent upon all mankind is
the appointment of judges. In
L
the Rambam’s explanation on a
Shechem’s abduction of Dinah number of points (see the
Rabbi Zvi Sobolofsky
ast week we discussed a
A community
Ramban’s commentary to this halachic distinction between
week’s Parsha), but one of the whether the mitzvah of honoring
which fails to most striking explanations of one’s parents (kibbud av va-em), is
judge and punish
between man and G-d (bein adam
the Rambam is brought in the
lemakom) or between man and
those who violate
Chiddushei HaRan (Sanhedrin man (bein adam lechaveiro.) The
56b). He claims that the Minchas Chinuch (33:3) states that
Hashem’s will is Rambam believes that generally, another possible halachic differ-

the Rambam’s opinion, the func-
tion of these judges is to adjudi-
cate cases involving violations of
the other six Laws. Moreover,
the Rambam believes that just as,
according to the gemara in
Sanhedrin, the violation of any
of the mitzvos b’nei Noach
(Noachide Laws) carries with it
the death penalty, so too a com-
munity that does not properly
held accountable
as if it had com-
mitted the heinous
crimes itself.
and did nothing to punish (or
correct) the injustice, were all
considered chayavim misah,
liable to death, and Yaaakov’s
sons were justified in executing
a non-Jew only receives the ence between these two camps is
the type of repentance required
death penalty for actively trans- after a transgression. Obviously, if
gressing a prohibition, not for we aggravate our parents and treat
passively failing to fulfill an obli- them badly then we have to ask
gation – with one exception. them directly for forgiveness, just
as we would have to do for any-
Not administering the requisite
body else we aggravate. However,
justice is a capital offense, as in there are a myriad of requirements
our case of the people of of kibbud av that do not apply to
Shechem, despite its being pas- respecting one’s fellow, such as
providing one’s parents with food,
sive rather than active. The
or not sitting in a father’s chair. If
question, then, begs itself: why honoring one’s parents is bein
adam lechaveiro, then one who
continued on page 3

neglects to perform one of these

I
T abl e Torah Hashem in 2 nd
person continued on page 2

n Parshas Vayishlach, the Torah (33:18) tells us, was God, Yaakov was using the naming of mizbeach Gavriel and Tzurishadai.
Dovi Bergman

“Yaakov arrived at Shechem complete.” Rashi com-
ments: “Complete in his health, his money and his
Torah knowledge.” Two pesukim later, we are told that
Yaakov built a mizbeach – an altar – to Hashem. He
called the mizbeach “Kayl, Elokei Yisrael.” The name
is perplexing; why would Yaakov call an altar God?
Rashi quickly moves to prevent any misconceptions.
He explains that rather than saying that the mizbeach
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as an opportunity to thank Hashem for His protection We see from Rashi and the Ramban that for a Jew to
through his long sojourn outside of Eretz Yisrael. have a proper sense of his relationship with Hashem it
Kayl, the omnipotent Master of the Universe, has also is not enough to realize how He is Great, Awesome, or
been Elokei Yisrael, the God who has watched over Almighty. Equally essential to Judaism as recognizing
me through all of my personal trials. The Ramban adds the name Kayl, God in the third person, is recognition
that this is the basis for the custom found throughout that He is Elokei Yisrael, a God who guides us through
Tanach and Jewish tradition of naming people and our everyday struggles and triumphs.
places with names that include Hashem, names such as
Shema (Gra) Tefilla (MA) Tefilla (Gra) Chatzot Mincha Ged. Shkia Havdala
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Rashbam to the Rescue!
T
David Moster
he events that led up to
Yaakov’s encounter with his
brother Esav (Bereishis 32:4-
33:3) are some of the most
obscure in the Torah. As a result,
many commentators approach
this portion with distinct and
novel interpretations. Rashbam
offers a simple and unique expla-
nation that clarifies all of the
passage’s striking ambiguities.
The complicated section begins
while Esav, along with 400 men,
is pursuing his brother. Fear
overtakes Yaakov, who begs G-d
to remember His promise of
protection (see 28:13-15).
Yaakov then
sends nine
groups of
servants to Yaakov’s act of
trickery showed
deliver trib-
utes of live-
a lack of
stock to his
brother,
confidence in
command-
G-d’s promise of
ing each and
every group
protection
to say that
“Yaakov is
right behind
us” (even
though he was actually far
behind them). Then, late into the
night, he and his family cross the
Jabbok River. Yaakov, the last of
the group to cross, is attacked by
a man who wrestles with him
until daybreak. The “man,” who
injures Yaakov in the leg and
then changes his name to
“Yisrael,” turns out to be a
divine agent (an angel). Yaakov is
finally ready to meet his brother.
The Torah does not tell us why
Yaakov sent nine different
groups with differing tributes or
why he told each group to say
that he wasn’t far behind. Also,
why was Yaakov crossing the
EINAYIM L’TORAH • 2
Jabbok River so late at night?
Furthermore, the Torah neglects
to tell us why the angel attacked
Yaakov, and why he the name
“Yisrael” is given at this point in
time. We are also not told the
angel’s reason for injuring
Yaakov in the leg. Indeed, this
passage is quite obscure.
Rashbam explains that Yaakov
was trying to trick his brother
Esav. This is not a surprising
assumption; Yaakov was
extremely frightened (32:8), and
had tricked his brother twice
before, in acquiring Esav’s
birthright, as well as securing his
blessing
f r o m
Yitzchak!
He cun-
ningly sends
the nine
separate
tributes of
livestock
with the
message
t h a t
“Yaakov is
right behind
us” to buy
his family more time to escape.
Then, in the middle of the night,
he attempts to flee by crossing
the Jabbok River.
Yaakov’s act of trickery showed a
lack of confidence in G-d’s
promise of protection (refer
back to 28:13-15). He should
have faced his brother with a
secure trust in G-d. G-d subse-
quently dispatches the angel to
delay the planned escape. When
the angel realizes Yaakov’s forti-
tude and persistence, he is forced
to injure his leg, thus hindering
his ability to flee1.
Only after the battle with the
angel does Yaakov become
continued on page 3
Honor Thy Father and Mother
aspects exclusive to kibbud av
would have to ask for forgiveness
directly from his parents, just like
one would have to ask any other
person for forgiveness if he slight-
ed them. However, if kibbud av is
bein adam lemakom, then one
would only have to ask forgiveness
from G-d.
Another possible difference
between the two camps is whether
honoring one’s parents requires
intention (kavanah) to fulfill it. In
Parshas Ki Seitzei, Rashi points out
that one fulfills the biblical com-
mandment of Shichecha (leaving
unintentionally dropped stalks for
the poor) by merely having the
stalks fall out of his hand as he is
harvesting. The same, he says,
would hold true for charity—if a
coin falls out of a person’s pocket
as he is walking down the street and
a poor person claims it, the person
walking down the street has just
performed an act of charity! We
see on a very simple level that
mitzvos bein adam lechaveiro do
not need kavanah.
However, Rav Moshe Shternbuch
says that even if kibbud av is bein
adam lemakom, one would not
need proper intention to fulfill the
mitzvah. In general, there are two
types of commandments—those in
which the action is the key, and
those in which the result is the key.
For example, on Pesach one is
commanded to eat matzah. The
action of eating is the key. In con-
trast, with regards to fulfilling the
mitzvah of maakeh (building a pro-
tective fence around one’s proper-
ty), the Torah is concerned with the
result, namely, that a protective
fence now exists. A commandment
that is entirely result oriented does
not require prior kavanah to fulfill
it. Kibbud av va-em and all bein
adam lechaveiro commandments
are result oriented. We see that it is
the fact that a particular mitzvah is
result oriented that negates the
need for kavanah, not the fact that
it is bein adam lechaveiro.
Therefore, even if kibbud av is bein
adam lemakom it would not require
kavanah.
The Gemara in Bava Kama (16b)
continued from page 1
states that Yirmiyahu the prophet
asked Hashem to send fraudulent
poor people (who really didn’t need
the charity they begged for) to beg
for money from the Jews who were
oppressing Yirmiyahu. Seemingly,
when these oppressors would give
charity to these charlatans, they
would be performing a mitzvah
that doesn’t count. Rav Elchanan
Wasserman, in Koveitz Ma’amarim
asks: what is the point of
Yirmiyahu’s entreaty? Shouldn’t
these oppressive individuals still
receive reward because they per-
formed the action of charity? He
answers that there are two parts to
every mitzvah – the result and the
action. When one performs the
action, it doesn’t matter what hap-
pens as a result; the very fact that
one performed what G-d com-
manded ensures that he will receive
his just reward. However, if the
mitzvah did not produce its desired
result (in this case the charity was
not given to deserving individuals,)
one cannot receive reward specifi-
cally for the result. The people
who oppressed Yirmiyahu pro-
duced no beneficial result through
their act of charity because of
Yirmiyahu’s prayer, and therefore
could receive no reward for the
result. Additionally, they didn’t
have the proper intentions in their
act of charity, and therefore, they
received no reward for their action
either. Thus, Yirmiyahu’s prayer
was fulfilled in its entirety.
Based on this, we see that Rav
Elchanan differs slightly from Rav
Shternbuch in his understanding of
mitzvos bein adam lachaveiro. By
saying that proper intention
(kavanah) is required in bein adam
lechaveiro edicts, Rav Elchanan
assumes that there is also signifi-
cance to the action aspect of com-
mandments that are bein adam
lechaveiro, not just to the result.
However, Rav Shternbuch dis-
agrees with the implications of this
piece in Rav Elchanan and assumes
that no kavanah is needed by any
bein adam lechaveiro command-
ments.
Rashbam
vhv, ohn,to the Rescue! continued from page 2

“Yisrael.” Yaakov is a name that denotes
trickery, derived from the Hebrew equivalent
of the word “heel.” Yisrael, derived from the
word sar, denotes an ability to maintain
strength. The angel showed Yaakov that he
can actually perform G-d’s will with courage
and fortitude; Yaakov had come to terms
with the realization that his days of trickery
were over.
Rabbi Aryeh Kaplan writes that “a test is
2
often needed to make a person’s potential
and ability known to himself so as to
increase his self-confidence. In some cases,
G-d also tests a person in order to make his
good qualities known to others. It is for this
reason that G-d often tests a person before
choosing him for greatness or leadership.”
Perhaps this is the lesson that flows from the
events that lead up to Yaakov’s engagement
with Esav: Hashem gave Yaakov a difficult
battle to let him realize the lofty level he
could achieve. By seeing Yaakov’s transfor-
mation from a sly trickster to a confident
believer, we can all view our own tests in a
new light. We can, and must, take advantage
of every struggle that comes our way by
viewing it as an opportunity for growth.
1 This now explains why Targum Yonasan thinks
that the angel was the archangel Michael; the divine
agent was dispatched to help Yaakov face his own
fears, not hurt him.
2 Handbook of Jewish Thought I, 3:54.

Social Responsibility continued from page 1

should this mitzvah break the rule?
Perhaps the answer lies in the phrase the
Torah uses to describe the people of
Shechem. After Yaakov’s sons ransack the
city, the Torah, seemingly to explain their
guilt, says, “asher timeu achosam” – [the
people] who desecrated their sister. As
some Achronim point out (see the Or
Hachayim Hakadosh), the Torah refers to all
the city’s inhabitants as the perpetrators of
the horrific offense, even though it was pre-
sumably committed only by Shechem him-
self. One may suggest that, based on this
pasuk, the Rambam concludes that a com-
munity which fails to judge and punish those
who violate Hashem’s will is held account-
able as if it had committed the heinous
crimes itself, and it is punished accordingly.
The source for such a concept is a gemara in
Shabbos (54b), which states that the cow of
R. Elazar ben Azarya walked outside on
Shabbos sporting a strap between its horns,
which is considered carrying and is prohibit-
ed. The gemara clarifies that it was actually
R. Elazar’s neighbor’s cow, not his own, but
since he could have prevented the transgres-
sion and did not do so, the Mishnah attrib-
utes the sin to him. The gemara then goes
on to state this as a general rule, that anyone
who is in a position to prevent a family
member, member of the community, or
anyone in the world from transgressing and
shirks this responsibility is liable for their
transgressions. (We should note that the
implication of Rashi there is that this only
applies to other Jews, which would preclude
the use of this gemara as a basis to explain
the Rambam.)
An even more striking consequence of such
inaction is mentioned by the Rambam in
Hilchos Teshuvah (4:1). There he maintains
that one who is able to stop someone from
heading or continuing down a sinful path
and elects not to do so has committed one
of the four sins which are so severe that
Hashem does not allow him to do teshuva!
The message is quite clear. It is true that we
are often not in a position to do anything
about the wrongdoings we find around us
in different settings. It is also true that we
are not necessarily required to go out of our
way to put ourselves in such positions.
Nevertheless, there are situations where we
can, reasonably, impact and correct the
actions of others around us, especially
since, as yeshiva students, we have been
blessed with the chinuch that should make
us more attuned to ratzon Hashem, the will
of God. Because it is often uncomfortable
to do so, it is easy for us to justify to our-
selves the shirking of this responsibility.
However, it is not a responsibility we can
afford to ignore.

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PARSHAT VAYISHLACH • 3
Parsha Points in Vayishlach
Ephriam Meth
• En route from Charan to Israel, Yaakov is warned of Eisav’s approaching army. He
prays, tries to appease Eisav with gifts, and prepares for war. Overwhelmed by Yaakov’s
display of obeisance, Eisav returns to Se’ir his home.
Einayim L’Torah
• Yaakov defeats an angel at wrestling, emerging with only a wounded hip-socket. 500 W. 185th Street
New York, NY 10033
• Yaakov strikes camp in Sh’chem. The city’s favorite son, Chamor, becomes infatuated
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with Dinah and kidnaps her. Sh’chem offers Yaakov’s family the opportunity to assimi-
editor@einayim.org
late, and Shimon and Levi deceitfully request that the citizens first circumcise them-
selves. They then slaughter the citizens, who were all weakened by the surgery.
Editors In Chief
• Yaakov travels, with divine protection, to Beit El and Chevron. While traveling, Rachel
Yehuda Brand
dies giving birth to Binyamin. In Chevron, Yitzchak dies at 180 and is buried by Eisav
Pinchas Friedman
and Yaakov.
Executive Editors
• The Torah lists: Eisav’s descendants, the family tree of the Chori tribes that married into
Zev Koller
Eisav’s family, the eight Edomite kings who ruled before Jewish kings, and Eisav’s 11
Dovid Skversky
chieftains.
Associate Editor
Josh Weinberg

Literary Editors
Eitan Bitter
Jonah Shulman
Yosef Lindell

Public Relations Omer

Antman
Benjamin Fakheri
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Oren Kaufman
Ephraim Meth

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EINAYIM L’TORAH • 4 PARSHAT VAYISHLACH