Vol.

17 Issue #14

Parshas Shemos

23Tevet 5773

Suspecting the Innocent

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When Moshe Rabbeinu is told by Hashem at the burning bush that he should go and inform Bnei Yisrael that hashem has spoken to him and will soon redeem them from slavery, he reacts by stating that the people will not believe hes telling the truth (Shemos 4:1). Hashem immediately responds by giving Moshe two signs that he may show the people to prove the veracity of his claim; as part of the second sign, Moshes hand becomes afflicted with Tzoraas (ibid Pasuk 6). The Gemara in Shabbos (97a) understands that this affliction was not merely a random sign for moshe to use, because, as Rav Achai Gaon explains in the Sheiltos, (Sheilta 40), Hashem could have selected any number of other signs. Rather, he chose a sign which contained a lesson, indeed a punishment, for Moshe himself because he had suspected Bnei Yisrael of not believing him. The Gemara thus derives from this story that one who is Choshed Bksheirim, that is, he unjustly suspects innocent people, is punished with a physical affliction as Moshe was. The Mishnah in Yoma (18b) states that as part of the preparation for the Avodah in the Beis Hamikdash on Yom Kippur, the elders among the Kohanim would have the Kohein Gadol swear that he would not alter the service in any way; following this, both the Kohein Gadol and the elders would cry. The Gemara (ibid 19b) explains that he would cry because they even suspected him of being a Tzeduki (coming from that group of people who do not believe in the validity of the Torah SheBal Peh or the authority of the Rabbanan), and they would cry because if they were indeed being suspicious of an innocent man, they would be deserving of the above cited punishment which is visited upon one who is Choshed Bksheirim. The Rambam (Hilchos Teshuvah 4:4 ) lists Choshed Bksheirim as one of the Aveiros which prevents a person from being able to fully do Teshuva, explaining that people do not even realize that it is an Aveirah to consider a good person to be a sinner; people will therefore rarely even attempt to do Teshu-

va for this Aveirah. It is clear from the above that it is prohibited to suspect an innocent person of being a sinner. Does this prohibition apply to ones attitude towards all people, or is it possible that sometimes one may indeed be suspicious of someone else? The Rambam, in discussing the case of the Kohein Gadol (Hilchos Yom Hakippurim 1:7), implies that it is prohibited to suspect anyone whose actions and motivations are not known, because perhaps he has nothing wrong in mind. In his Peirush on the above Mishnahin Yoma (Perek 1: Mishnah 5), the Rambam likewise writes that it is forbidden to suspect someone whose actions are unclear and might be bad; the Tosafos Yom Tov (ibid: VHein) on that Mishnah accepts this as well. This position appears to work out very nicely with that of the Mishnah in Pirkei Avos (Perek 1: Mishnah 6) which states Heve dan et kol adam lkaf zechus, teaching that one should judge all people favorable, a trait which the Rambam (Hilchos Deos 5:7) says must be possessed by a Talmid Chochom. Rashi there (ibid Vehevei) asserts that unless one knows otherwise for sure, one should assume that other peoples actions are all good, and, citing a Gemara in Shabbos (Daf 127b), writes that one who does this will himself be judged favorably by Hashem. The Beraisa in Maseches Kallah Rabbasi (Perek 9), however, states that one should always consider another person to be like a thief (at least potentially), which, of course, implies the exact opposite. The Gemara there (ibid) immediately questions this statement based on another Mishnah in Pirkei Avos (Perek 2: Mishnah 4) which teaches that one should not judge someone else [negatively, as the Bartenura (ibid s.v. Val Tadin) points out there] until one has been in that situation, implying, again, that one should not suspect another person without knowing all the facts. The Gemara (ibid) responds that in Pirkei Avos, the Mishnah (ibid) is talking about a person whom one knowshe should not be judged unfavorably unless all the facts are clear. In Maseches Kallah Rabbasi, however, the Beraisa (ibid) is referring to a person whom one does not knowhe may justifiably be suspected of being wicked.

 Rabbeinu Yonah, explaining the Mishnah in Pirkei Avos about judging others favorably (Perek 1: Mishnah 6), writes that one should judge the average person favorably whether one knows him or not, adding in his Shaarei Teshuva (Shaar 3:218) that this is required by the Torah, but someone who is known to be a wicked person should always be viewed in a negative or suspicious light. The Klei Yakar, commenting on the Posuk in the Torah (Vayikra 19:15) quoted by the Gemara in Shevuos (30a) as the source for the idea of judging people favorably, notes as well (BTzedek) that a wicked person should not be judged favorably because the assumption is that he has remained wicked; one is not considered a choshed bksheirim for suspecting such a person because this person is not considered to be among the ksheirim The Bartenura on that Mishnah (ibid Vehevei) also writes that physical punishment is inflicted only upon a choshed bksheirim but one who is choshed a rasha) has done nothing wrong. We see from here that this prohibition to be suspicious of other people is not necessarily all-encompassing; there are possible exceptions.
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Vol. 17 Issue #14 gether, but if many people happen to be doing the same thing, each on his own behalf, then a problem is created because they are then like individuals who must avoid suspicious activities, even though there are many of them. The Pardes Yosef on the Posuk in this Parsha (Shemos ibid posuk 2) quotes that perhaps this is why Moshe was punished despite being suspicious of a group; he was really being suspicious of each of Bnai Yisrael as individuals.

Like a Candle in the Dark

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Sefer Shemos opens with a repetition of the names of the descendants of Yaakov Avinu. Rashi points out that this is not the first time in recent Chumash history that we have gone through the list. The question that this Rashi is addressing is what exactly is the purpose of this seemingly unnecessary repetition here at the beginning of the second Sefer of Chumash. Rashi explains that this repetition is to show the love that Hashem has for the Shevatim, for He counted them while they were alive, and now returns to count them now that they are no longer alive. Rashi further explains that Hashem does this because the Jews are compared to stars, which Hashem brings out in number and name to show His love for them. The question is, what is the connection between the Shevatim, stars, and the beginning of Sefer Shemos? To answer this, lets talk about stars. Say you are reading this during the day. If you were to take a look outside, you may be able to see many interesting things, but no stars. During the day, the light of the Sun overpowers the light of the stars, making them invisible from our perspective. We know that the stars are there, we just cant see them. However, if you are reading this sometime at night and decide to glance up at the sky, if its a nice clear night, you will hopefully see many beautiful stars. Rav Yaakov Kaminetzky expounds on the explanation of Rashi (quoted above), explaining the repetition of the names. What we just explained about the Sun, is true by the Shevatim as well. During the time of Yaakovs life, the grandeur of the shevatim couldnt be realized, because they were outshined by the greatness of their father. Now that Yaakov had passed away, it was important for the Shevatim to realize how special each and everyone of them was as an individual. While Yaakov was alive, they didnt necessarily notice their own power and potential.

Because of this prohibition, though, it is also necessary for one to avoid doing things that make other people suspicious of him. Rabbeinu Yehuda HaChassid notes in his Sefer Chassidim (Siman 44) that one who causes suspicions to be raised about himself is responsible for the reactions of the people who see him, and hence, their punishment, when applicable. There may, however, be a distinction between an individual and a large group of people because one wont usually suspect an entire group of being sinners. The Gemara in Avodah Zarah (43b) indeed says that the prohibition of being choshed does not apply regarding a group; we thus need not worry that someone will be choshed an entire group. The Ramo (Yoreh Deah 141:4) rules accordingly, and an activity forbidden to an individual because it may raise suspicions about him may therefore be permissible for a group. This last ruling is debated by the Poskim, but the Magen Avraham (Orach Chaim 244:8) concurs, explaining that a non-Jew may thus do certain work for a community on Shabbos which he wouldnt be able to do for an individual because there will be no suspicion of an entire community. He therefore rules that strictly speaking, although it has been forbidden for other reasons, a non-Jew may, under certain circumstances, work on building a Shul on Shabbos because nobody will think that the community sinned by hiring him. The Chasam Sofer (Shaailos UTeshuvosOrach Chaim: 60) suggests that this is true only for something like a Shul where the community participates in it to-

 Here at the beginning of Sefer Shemos is the perfect time for the pasukim to review all the Shevatim for two reasons. One, the recent loss of Yaakov; and two, the onset of galus Mitzrayim. For the Shevatim not only to survive galus Mitzrayim, but to transform into a Klal Yisroel, they all had to realize their individual greatness. There are certain moments - sometimes even time periods - when many things are very clear to us. Those are the times when the Sun shines bright, so bright, that sometimes we forget about all the beautiful stars that are hidden. When Yaakov was alive, it was a time period where the presence of Hashem was as clear as day. Once the Jews entered into Mitzrayim, they needed to realize that each of them were strong enough to endure the Egyptian Exile. This also marks the transition between Sefer Bereishis and Sefer Shemos. The Ramban develops the idea that Sefer Bereishis is the book of beginnings, and Sefer Shemos is the book of our nations formation. That is exactly what is going on over here between the end of Sefer Bereishis and Sefer Shemos. The Torah is telling us that sometimes, unfortunately, we need a nighttime to show us how each individual star burns bright. In this way, we recognize that when the Sun shines, the stars are burning bright in the sky, despite the fact that we cannot see them. During these times of darkness, the kedusha of Klal Yisroel burns softly like a candle in the dark. May we be zocheh to live in a time when this dark night time called galus ends, and we witness the sunlight of the geula when there will be no need to see the beautiful stars to know that they are there. Moshe versus Zombies

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Page 3 which would no doubt be absurd if they were actually dead. In any case, since Dasan and Aviram were now beggars, whatever influence they may have had previously with Pharoh no longer exists, making it safe for Moshe to return to Egypt.

Rashis explanation brings two important questions to mind. Firstly, what significance lies in the choice of such roundabout wording in this passuk to describe the simple fact that Dasan and Aviram had become poor? In order to understand this, we must first deal with another question. Why is a poor person considered dead? Such a concept would at first glance seem rather offensive and odd. The Gur Aryeh explains that one of the crucial components of true life is self-reliance. A poor person who must rely on others for his own sustenance is therefore considered dead. This approach leaves many questions unanswered and even leaves room to suggest that young children who rely on their parents for their every need are also considered dead, a strange proposition. Tosfos in Nedarim offers a possibly more appealing approach. The Gemara there (64b) states that four people are considered as if they are dead: A poor person, one with Tzaraas, a blind person, and one who has no children. Tosfos explains that the purpose of this rabbinic dictum is to teach that these four conditions are particularly severe and one should therefore be sure to pray for those who are in those situations. In other words, these four conditions are particularly hopeless and require extra prayer. With the approach of Tosfos in mind, we can now begin to understand our first question. Interestingly, all four categories of people considered to be dead appear in Parshas Shemos, some in more subtle ways than others. The Jewish people at the time were dead in almost all of the four ways possible. The poor person is hinted to by the passuk we have already discussed, as explained by Rashi. Needless to say, most of the Jewish people were in abject poverty at the time, as they were slaves. Not only that, but they were blind as well, metaphorically speaking. With all the back-breaking labor they were enduring, no one could think beyond the immediate task in front of him. A redeeming Gd and the possibility of a brighter future were simply not visible to the Jewish people wading in mud to build yet another brick as yet another lash fell upon their scarred backs. All they could do was yell in pain and agony. They could not save themselves. Furthermore, at the beginning of the Parsha, even the physical extinction of the Jewish people was a possibility. According to the Midrash, when Pharoh decreed that the baby boys be thrown into the river, Amram divorced his wife. The other Jews followed suit so that

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After Moshes encounter with G-d at the burning bush, he is commanded by G-d to return to Egypt and carry out his mission, For all those who seek your life (i.e. want to kill you) have died. (4:19) On the simple level, as explained by the Rashbam and others, G-d was telling Moshe in this passuk that he could return to Egypt without fear, for the old Pharoh, as well as the informers who were out to get him for killing the Egyptian, had died. Rashi however, explains this passuk using the concept that a poor person is like a dead person. Since Dasan and Aviram, who wanted to kill Moshe, became poor, it was as if they had died. The Gra finds textual support for Rashis explanation from the fact that the passuk says that those, who are seeking your life have died, implying that they are still seeking to do so,

Vol. 17 Issue #14 no children would be born, until Miriam convinced Amram an that no baby should? Doesnt Rashi state explicitly that he was mistaken. the reason Moshe did not nurse from an Egyptian was beWhy does this theme of the four people who are cause he was destined to speak directly to Hashem which is considered like they are dead recur throughout the Parsha? not the case with all other babies? He answers with a very The answer lies in yet another time when one of these four powerful yet fundamental idea. Oftentimes we observe categories comes up. At the burning bush, Moshes hand great tzaddikim or talmidei chachmim and think that they are was turned white with Tzaraas and then quickly restored to different types of people than us - the common men. We normalcy. This was clearly meant to teach Moshe a lesson feel that we could never achieve such greatness and, consewhich the other references to the four dead men were quently, we set the bar too low for ourselves and our chilteaching him as well. Moshe at first had little faith in the dren. This mindset is improper. From the fact that the halaJewish people. He felt that they were unworthy and incapa- cha dictates that no baby should nurse from a non-Jewish ble of being redeemed, so low they had sunk. They were woman we see that all Jewish children, no matter what utterly hopeless; destitute, blinded by their suffering and without hope for their children. With the miraculous heal- background they come from, have the potential to speak ing of Moshes leprous hand, Hashem showed Moshe that directly to Hashem, just as Moshe did. For this reason, from the Jewish people are never hopeless. No matter how deep- the earliest moments in their lives, we treat them as if they ly entrenched they are in the most horrific of depths, there are destined for greatness and provide the opportunity for is always a way out. The Jewish people may have been akin maximal growth. to a dead man, but the dead man would be given life once It is critical that we internalize this idea being conagain. Moshe took this lesson to heart, and returned to Egypt to restore his nation of zombies to their full potential veyed by the Torah and truly strive to maximize our potentials. We must avoid the mindset off excluding ourselves as the people of Hashem. from the category of those destined for spiritual greatness Qualifications of being a Gadol and recognize that Hashem gave each of us a unique set of capabilities and talents and, when maximized properly, each `x| Y|~xx| person can use his given set of abilities to become a Gadol in After Moshe is brought to the palace by Bas Paroh, his own right. the Torah describes how she attempted to have him nurse from n Egyptian woman but Moshe refused to do so. Rashi (2:7) explains that Moshe would not nurse from an EgypRosh Yeshiva: Rabbi Michael Taubes tian because he was destined to speak directly to Hashem and such a holy mouth could not have been nourished by a Rabbinic Advisor: Rabbi Baruch Penon-Jew. sach Mendelson The Ramo (Yoreh Deyah siman 81 seif 7) codifies Editors in Chief: Meir Finkelstein and the practice of Moshe Rabbeinu, writing that ideally one Yoni Schwartz should not nurse from a non-Jew woman however, he adds that if one does so, it is technically mutar. The Vilna Gaon Layout Editor: Ori Putterman (Beiur HaGra ibid) points out that the reason one should

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ideally refrain from such a practice is so because we find that Moshe Rabbeinu refused to nurse from an Egyptian woman and therefore no baby should be nursed by a nonJewish woman. Rav Yaakov Kamenetsky (Emes lYaakov, shemos 2:7) is troubled by the source given by the Vilna Gaon for the above halacha. How could we derive from the fact that Moshe Rabbeinu would not nurse from a non-Jewish wom-

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