My Musing
I often teach my students, especially in history, that the nature of law is reactive. That is, society legislates laws in response to a concern or behavior it wishes to control among its citizens. But what is the purpose of law, especially Divine law that is given from the outset by God? Since we believe that God is omniscient, and we are under his supervision, Divine law cannot be said to be reactive, but then it must serve a purpose. This week's midrash explores a potential outcome of following the law which fixes the community.
The question remains regarding God being subject to His laws.
Divine law is proactive and the second message of the midrash is that an ethic develops from the law of not letting your enemy’s donkey collapse under its load. The ethic is not to ignore him. The second message relates to the first part of the midrash in that God is also required to pay attention and not ignore those who hate Him. [Thanks to Sarit Klugerman for seeing the connection]
Midrash Tanhuma was very popular among the Medieval Ashkenaz Rabbinate. The messages of encouragement were real and necessary for the rabbis to expound. A medieval Jew might feel he is not one of God’s close associates. One might imagine that Jew feeling abandoned by God. This midrash endeavors to encourage us that similar to our command to help even those that we perceive as our enemy, God will help us even if we perceive Him as displeased with us.
I often teach my students, especially in history, that the nature of law is reactive. That is, society legislates laws in response to a concern or behavior it wishes to control among its citizens. But what is the purpose of law, especially Divine law that is given from the outset by God? Since we believe that God is omniscient, and we are under his supervision, Divine law cannot be said to be reactive, but then it must serve a purpose. This week's midrash explores a potential outcome of following the law which fixes the community.
The question remains regarding God being subject to His laws.
Divine law is proactive and the second message of the midrash is that an ethic develops from the law of not letting your enemy’s donkey collapse under its load. The ethic is not to ignore him. The second message relates to the first part of the midrash in that God is also required to pay attention and not ignore those who hate Him. [Thanks to Sarit Klugerman for seeing the connection]
Midrash Tanhuma was very popular among the Medieval Ashkenaz Rabbinate. The messages of encouragement were real and necessary for the rabbis to expound. A medieval Jew might feel he is not one of God’s close associates. One might imagine that Jew feeling abandoned by God. This midrash endeavors to encourage us that similar to our command to help even those that we perceive as our enemy, God will help us even if we perceive Him as displeased with us.
מדרש תנחומא (ורשא) פרשת משפטים סימן א
(שמות כא:א) "וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם"
“And these are the laws that you will place before them”
“And these” This is what the verse comments “And strength, a king, justice He loves; You establish fairness; Justice and righteousness, you did in Jacob”
“And these” This is what the verse comments “And strength, a king, justice He loves; You establish fairness; Justice and righteousness, you did in Jacob”
"וְאֵלֶּה" זה שאמר הכתוב (תהלים צט: ד) "וְעֹז מֶלֶך,ְ מִשְׁפָּט אָהֵב. אַתָּה כּוֹנַנְתָּ מֵישָׁרִים. מִשְׁפָּט וּצְדָקָה, בְּיַעֲקֹב אַתָּה עָשִׂיתָ"
כל העוז והשבח והגדולה והגבורה של מלך מלכי המלכים הוא "מִשְׁפָּט אָהֵב".
All the strength and praise and greatness and bravery of the King of Kings is in “love of law”
It is the custom of the world, one who is in a position of strength does not want to follow the law. Rather, he transgresses the law, steals and robs, and transgresses the intention of his Creator. He favors his friends and relatives and acts inappropriately with his enemies.
בנוהג שבעולם, מי שהוא בעל זרוע אינו רוצה לעשות דבריו במשפט. אלא, מעביר על המשפט, חומס וגוזל, ומעביר על דעת קונו. ונושא פנים לפני אוהביו וקרוביו, ועושה שלא כדין לשונאיו.
אבל הקדוש ברוך הוא, מלך מלכי המלכים, " מִשְׁפָּט אָהֵב". אינו עושה דבריו אלא במשפט. הוי "וְעֹז מֶלֶך,ְ מִשְׁפָּט אָהֵב".
However, the Holy One blessed be He, the King of Kings, “justice He loves”. He does not act outside of the law. That is “And strength, a king, justice He loves”
The midrash continues extrapolating from the verse in psalms to the message of the Torah reading. What is the meaning of “You establish fairness”?
מהו "אַתָּה כּוֹנַנְתָּ מֵישָׁרִים"?
אמר רבי אלכסנדרי, שני חמרים מהלכין בדרך שונאין זה לזה. רבץ לאחד מהן חמורו. חבירו עובר ורואהו שרבץ תחת משאו. אמר, 'לא כתיב בתורה (שמות כג:ה) "כִּי תִרְאֶה חֲמוֹר שֹׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב עִמּוֹ"
Rabbi Alexandri said. An example would be the case of 2 mule drivers. They are traveling along the same road and each despises the other. One donkey collapses under its load. The other driver passes by and sees the first donkey collapsed under the load. As he passes the first driver reminds the second of the imperative “If you see the donkey of someone who hates you lying under its load, You must not ignore him but be sure to release it with him.”
מה עשה? חזר וטען ומלוהו. התחיל מסיח עמו. עזוב קימעא מכאן, העלת מכאן. ערוק מכאן עד שיטעון עמו. נמצאו עושין שלום ביניהם, וחבירו אומר 'לא הייתי סבור שהוא שונאי. ראה היאך ריחם עלי כשראה אותי ואת חמורי בדוחק'
מתוך כך נכנסו לפונדק, אכלו ושתו ביחד, ונתאהבו זה לזה. הוי " אַתָּה כּוֹנַנְתָּ מֵישָׁרִים. מִשְׁפָּט וּצְדָקָה."
What did he do? He began to talk with him. Take a little from here, add a little here, realign from here until the load is balanced. Soon the two made peace. One said that he ‘would never have thought that he hated me. See how he had mercy when he saw me and my donkey in distress’. From this they went to the bar, had a drink and became friends. This is the meaning of “You establish fairness; Justice and righteousness”
אין תגובות:
הוסף רשומת תגובה