פרשת קדשים
Parashat Kedoshim

Nisan 28, 5768 / May 3, 2008
Triennial Cycle Year I: Leviticus 19:1-37
Humash Etz Hayim, page 693
Haftarah: Amos 9:7, page 706

Torah Teaching:

1. (19:1-22) The Torah portion opens with the words: You shall be holy, for I the Lord your God am holy.  “Rabbi Chiyya taught: This section was spoken before the assembly of the entire people, because to a large extent it contains the essentials of the Torah.” (Midrash Vayikra Rabbah).

2. (19:15-22) Miscellaneous mitzvot that express the overall theme of this Torah portion, including just judicial proceedings and love of one’s neighbor.

3. (19:23-25) The laws of orlah, prohibiting the use of a tree’s fruit until its fourth year of bearing.

4. (19:26-37) Warnings regarding other commandments, including the prohibition of eating blood, the prohibition of pagan and occult practices, the commandments to respect the aged, just treatment of the stranger, and honest weights and measures.

Torah Study:

Beyond a Sense of Fairness

You shall not render an unfair decision; do not favor the poor or show deference to the rich; judge your kinsman fairly. Leviticus 19:15

Our Rabbis taught: Judge your kinsman fairly: That one should not sit and the other stand; one speak all that he or she wishes while the other must be brief. Another interpretation: Judge your kinsman towards the scale of merit (i.e., giving him/her the benefit of the doubt) Babylonian Talmud, Shevuot 30b

The text is not speaking about judges making judgments (about cases) but rather about a person who sees his friend doing something for which he could tip the scales towards the side of guilt or the side of merit, and he (decides to) bend towards the side of merit and does not suspect his friend of being guilty. Rashi on Babylonain Talmud, Shevuot 30b

Sometimes people are prevented from judging their friends with the benefit of the doubt because the thought of (their friends) merit seems to be illogical. But the truth is that their denial (of benefit) does not result from strength of logic, but rather from a wickedness of the heart. If this person loved the other (i.e., his friend) he would obviously suspend (negative judgment) and do all that he could to give his friend the benefit of the doubt. Our teacher, the great Rabbi Dov Yafe (he should live the length of good days), compares the matter to a person who searches for something very dear to him which he has lost. In the beginning, he searches in the places where the object “has to be.” Afterwards (i.e., when his keys are still lost), he searches in the places where logic does not dictate that the object should be. And, on the furthest level, the person who lost something returns and searches, even a number of times, in the places that he has already looked. And this is (true) even though it is clear to him that he has already searched in that place and that, from a logical point of view, there is no chance that he would find the lost object. Nevertheless, out of his desire to find that which he has lost, he suspends (logic) and, even though the possibility (of his finding the object in that place) is illogical, he thinks that perhaps, nevertheless, he did not look hard enough. So too it is with our sin. If the honor of another person was precious in the eyes of his fellow, everyone would dig and search (to lean towards) the side of merit even if it is illogical.

An example of this is found in the Talmud... Our Rabbis taught: He who judges his neighbor in the scale of merit is himself judged favorably. Thus a story is told of a certain man who descended from Upper Galilee and was engaged by an individual in the South for three years. On the eve of the Day of Atonement he requested him, ‘Give me my wages that I may go and support my wife and children.’ ‘I have no money,’ answered he. ‘Give me produce,’ he demanded; ‘I have none,’ he replied. ‘Give me land.’ — ‘I have none.’ ‘Give me cattle.’ — ‘I have none. ‘Give me pillows and bedding.’ — ‘I have none.’ [So] he slung his things behind him and went home with a sorrowful heart. After the Festival, his employer took his wages in his hand together with three laden asses, one bearing food, another drink, and the third various sweetmeats, and went to his house. After they had eaten and drunk, he gave him his wages. Said he to him, ‘When you asked me, "Give me my wages," and I answered you, "I have no money," of what did you suspect me?’ ‘I thought, perhaps you came across cheap merchandise and had purchased it therewith.’ ‘And when you requested me, "Give me cattle," and I answered, "I have no cattle," of what did you suspect me?’ ‘I thought, they may be hired to others.’ ‘When you asked me, "Give me land," and I told you, "I have no land," of what did you suspect me?’ ‘I thought, perhaps it is leased to others.’ ‘And when I told you, "I have no produce," of what did you suspect me?’ ‘I thought, perhaps they are not tithed.’ ‘And when I told you, "I have no pillows or bedding," of what did you suspect me?’ ‘I thought, perhaps he has sanctified all his property to Heaven.’ ‘By the [Temple] service!’ exclaimed he, ‘it was even so; I vowed away all my property because of my son, Hyrcanus, who would not occupy himself with the Torah, but when I went to my companions in the South, they absolved me of all my vows. And as for you, just as you judged me favorably, so may the Omnipresent judge you favorably.’ (Shabbat 127b)

From this story, it is possible to learn just how far a person has to go to switch towards the side of merit for the other person. Even if learning (to show someone merit) depends on things that are far from logic or reality, nevertheless we are not freed from this obligation.... And even when a person is mistaken in that (decision when) he judged his fellow leaning towards the side of merit—despite this, the person did the desire of the Creator, may God be praised, who commanded him thus with the positive mitzvah to judge your kinsman fairly. And obviously, in acting this way, in fulfilling this mitzvah, he caused pleasure before God, may God be praised. Yalkut Lekach Tov, Rabbi Yaakov Yisrael HaCohen Bayfus