May 10th: Kedoshim
THIS WEEK IN THE TORAH
Rabbi David E. Ostrich
Last week, we considered categories—and how our various classifications can provide guidance and/or guard rails for our behavior. In the case of the Yom Kippur Rituals (Leviticus 16), different people—and animals—have distinct roles in the atonement process. In the case of the Laws of Consanguinity (Leviticus 17), some family relationships make sexual liaisons sinful.
This theme is found in many places in the Torah and Bible, but this week’s portion, Kedoshim, offers some interesting angles. Some of our classifications have temporal applicability, i.e., obligations that may apply in some times and situations but not in others. Take for example the instructions to judges in Leviticus 19.15: “You shall not render an unfair decision: do not favor the poor or show deference to the rich; judge your kinsman fairly.”
Most of us can appreciate the moral importance of not favoring rich people in court. Most of us can also appreciate the temptation. Rich people are often powerful, and their favor or disfavor can have beneficial or other-than-beneficial results for us. Better to be on the “right side” of the rich and powerful. On the other hand, justice is supposed to be just, and we hope that even the small, weak, and poor will have a fair chance in court. This all seems morally straightforward.
The challenging part of this mitzvah comes in the earlier phrase, “do not favor the poor,” because we are also commanded to share our abundance with the poor. All of us—including judges—are commanded to give Tzedakah. So, if I were a judge hearing a case between a rich person and a poor person, would it not be the perfect opportunity to do a little wealth-leveling? Say, for example, that a rich person and a poor person have a cart accident. I know that the poor person cannot afford to replace his cart and that the rich person has several carts in his barn. I could try to figure out who is at fault, or I could consider the relative wealth of the litigants and help the poor fellow out. Why not let the rich person fund the poor person’s new cart?
There is a kind of logic to this—one based on Tzedakah and the mitzvah of compassion for the poor. However, the Torah says No. “B’tzedek tish’pot amitecha. With justice shall you judge My people,” and judges are prohibited from favoring the poor. What is the Torah telling us?
The Torah is drawing a line between two categories occupied by the judge. In his function as a judge, he is prohibited from favoring the poor. However, in his function as a citizen, he has the same responsibilities for charity as any other person. In other words, though the judge has an obligation to help the poor, the courtroom is not the place. In the courtroom, justice and justice alone should rule. After he leaves the courtroom, however, that is when he should dig into his pocket and give Tzedakah. The judge inhabits two categories, and each dictates its own “situational” responsibilities.
Another angle on categories and their concomitant requirements comes in a series of prohibitions of dishonest behavior. In Verse 11, we read: “You shall not steal; you shall not deal deceitfully or deal falsely with one another.” And in Verse 13, we read: “You shall not defraud your fellow. You shall not commit robbery.” While technically distinct, these five Hebrew words for dishonest dealings—tignov, techachash, teshaker, ta’ashok, and tigzol—all mean about the same thing. They are practical synonyms. Why then all the verbiage and repetition? The concern seems to be the fuzzy way that prevaricators try to justify unjustifiable behavior. “I’m not stealing; I’m just defrauding,” or “I’m not dealing deceitfully; I’m just dealing falsely.” These are all immoral and unethical acts, and the Torah wants to quash any games and meaningless distinctions. Dishonesty is wrong regardless of the specific categorization.
Another example of categories in Kedoshim comes in the form of a kind of equalization. “When you reap the harvest of your land, you shall not reap all the way to the edges of your field, or gather the gleanings of your harvest. You shall not pick your vineyard bare, or gather the fallen fruit of your vineyard; you shall leave them for the poor and the stranger: I the Lord am your God.” (Leviticus 19.9-10) Though some are farmers, and others are beggars, all are children of God, and all are to be gifted by God with the produce of the land. When I read this as a child, I always imagined the poor and the strangers waiting until nighttime and then going through the fields—picking up the produce “left for them.” However, the Book of Ruth shows a much more integrative system. In Chapter 2, the gleaners, the poor who are picking up the produce left behind, follow directly behind the harvesters. Though the land is “owned” by the farmer, the real Owner is God, and God’s gift of abundance is to be shared. In this case, there may be a difference in the categories, but all are deserving of God’s blessings. (As it turns out, this is how Boaz and Ruth meet. He sees a stranger gleaning, asks who she is, and, when he finds out that she is the widow of his cousin, he extends her special hospitality.)
The portion’s most famous verse, Leviticus 19.18, assumes separate categories and then brings them together in a kind of Venn Diagram. “Love your neighbor as yourself” instructs us to move beyond our own category and apply the grace we crave to others. Or, as Hillel rephrases it in Talmud Shabbat 31a, “That which is hateful to you do not do to another.” If we have trouble showing love, we can simply forego behaviors that, were we the victim, would be hurtful. We are separate from others, but our human condition calls us to kindness, fairness, and a sense of camaraderie.
For an interesting reversal of the energy flow in our sacred Venn Diagram, consider the advice of Reb Shmelke: “What is hateful in your neighbor, do not do yourself.”
As we moderns look at our Tradition’s ancient categories, we can find guidance in ordering our lives and society. Not all ancient categorizations are just, but many are profoundly wise and helpful. That is why we carefully study our Torah to continue its tradition of holy righteousness.