Last shiur, we began to discuss
intersocial relations by concentrating on the concept of arvut -
mutual responsibility. Today we shall address the broader topic more
directly. Let us examine the entire complex of mitzvot relating to
helping each other, known as "gemilut chasadim" - the performance of
chesed. Chesed is usually translated, somewhat awkwardly, as acts of
lovingkindness. It is truly an astonishing fact that one of the
simplest Hebrew words, which appears countless times in the Bible as
part of the everyday speech of regular humans, finds no simple
translation into the lingua franca of the western world.
It is not hard to draw up a list of
common situations where we think a moral individual will be called
into action. If someone is sick, one should succor him, visit him,
cheer him up. If someone is needy, lacking in basic necessities, one
should help provide them. If someone is sad, perhaps because he has
suffered a personal loss, one should comfort him. Categorically,
those are the basic areas where one can need help - in body, in
material goods, in spirit. Indeed, we find halakhic imperatives in
all these areas - "bikur cholim" (visiting, and helping, the sick),
tzedaka (charity), "nichum aveilim" (comforting the mourner), as
well as burial (seen as a chesed toward the deceased), helping young
couples marry ("hakhnasat kalla"), and taking in guests ("hakhnasat
orchim").
Now I can see a frown appearing on
some of your virtual foreheads. Is the generosity and love of the
human heart to be subject to the same halakhic formalization as the
laws of Shabbat? Are the dictates of law and obligation going to
reduce what should be the overflowing goodness of spirit to a matter
of fulfilling one's duty, according to the sections and subsections
of the Code of Jewish Law? Is there not a contradiction between the
very idea of chesed, of lovingkindness, and law, obligation, and
duty? Should this not have been an area where Halakha should have
retreated, so as not to overwhelm the very virtue it is trying to
promote?
In this particular case, there is a
special approach within halakha, one that is composed of several
different, even contradictory strands.
A. Love your fellow as
yourself
Let us first examine how the Rambam
cites the obligations we have just listed.
"There is a positive commandment of
rabbinic origin to visit the sick, comfort the mourner, to take out
the deceased, to bring in the bride (in other words, to attend a
funeral and aid in arranging a wedding - I translated the Hebrew
literally so that you could enjoy the juxtaposition of the two nouns
used, one going out, one going in), to escort guests, and to take
care of all matters at a funeral - to carry the coffin, to walk
before him, to eulogize, to dig, and to bury - and also to gladden a
bride and groom and provide for them all their needs. These are the
acts of "chesed" done personally (as opposed to through monetary
donation) which have no limit. Even though all these mitzvot are of
rabbinic origin, they are included in (the commandment of) "You
shall love your fellow as yourself" - everything you wish others to
do for you, you should do for your brother in Torah and mitzvot."
(Hilkhot Avel 14:1)
A word of explanation is required
here. The distinction between mitzvot of biblical origin and those
of rabbinic origin is very important in Halakha, not so much because
the latter are not as obligatory as the former (there exist, under
unusual circumstances, possible distinctions in the extent to which
the two categories are obligatory) as because it indicates for us
the classification and ultimately the meaning of halakhic
imperatives. Now, in most cases, rabbinic enactments are designed to
expand or protect the borders of biblical law. But in this case, the
Rambam does not say that something new is rabbinically ordained that
was non-obligatory under biblical law. He states that each of these
rabbinic commandments is simultaneously included within the biblical
precept. What does this mean? Are they of rabbinic origin or
biblical?
The answer lies in the different
nature of this biblical precept - You shall LOVE your fellow as
yourself - and the rabbinic commandments - GO visit the sick, dig a
grave, dance at a wedding. This difference is precisely what lay at
the root of the questions implicit in the virtual frown I discerned
above. The Torah does not directly command you to visit the sick, in
the sense that it commands you to blow a shofar on Rosh HaShana, or
eat matza on Passover. The Torah directs you to an attitude, with
actions as an anticipated result; as the Rambam defines it - that
which you want others to do to you is what you should do for others.
It is purposely left open, undefined. It is based on an inward,
internal, personal, understanding of one's relationship with others
- in fact, it requires you to first understand yourself (that which
you want others to do unto you) in order to define how you should
relate to others.
The Sages, WITHOUT CHANGING THE BASIC
NATURE of this essentially non-ritual mitzva, impose over it a legal
formal definition of actions which are the way in which one fulfills
the biblical command. Their intent is not to widen the scope of the
original mitzva, to obligate us in things from which we would be
otherwise exempt, but to give even this mitzva a legal form, to
bring us to think of it not only as a movement of our hearts, an
upsurge of brotherly love, but as an OBLIGATION, a responsibility.
The fact is that what is not formulated as a requirement and a
responsibility all too often remains an emotion, saved for special
occasions when we wish to "indulge" in finer feelings. The result of
this codification of love is that - without eliminating the inner
basis - a halakhic Jew wakes up and, just as he knows he must pray
today, wash before eating, learn Torah, and wear tefillin, so too he
MUST engage in acts of chesed, as an obligation, or else he will
have been negligent.
There is real tension between these
two foci of chesed, which is why this is not simply a case of two
parallel aspects, but rather an underlying principle and an
additional focus of rabbinic origin. It is also true of course that
there is a danger in the mitzva of chesed becoming a ritualistic
rote performance, sort of like the way one drops a coin in the
charity box on the counter in the meat store without even paying
attention to what it is going for. There is a difference, must be a
difference, between the way I do that which I have to do, and the
way I care for my fellow man. But it is also insufficient to leave
care for our fellow to the overflow of feeling aroused when a
sensitive soul views a pitiful sight. I think that the real problem
is not only that such fine feelings will in all likelihood not be as
prevalent as the acceptance of daily obligations. There is also a
real difference in quality between responsibility and love, and by
dividing the obligation between the two, the Halakha is attempting
to grant us an opportunity to reconcile the tension in our own
experience.
The reason for this is a principle
formulated by the great philosophers of the Middle Ages. We
naturally tend to think that a person is first of all kind,
merciful, generous, and second of all, as a result and expression of
those character traits, he performs acts which reflect them. R.
Chasdai Crescas (14th century Spain) explained that human character
is formed in the opposite way - "It is in the nature of deeds that
they instill character traits to the soul, and even more so can they
strengthen those that are already there." In order to be merciful,
one must first act in a merciful manner, dragging, as it were, one's
character up after what one has forced one's body to do. By
formulating concrete actions of chesed, the Sages give us the
routine - and I don't think routine is by definition a negative
thing - which will force us to have that which remains the raison
d'etre of chesed - a loving relationship with my fellow man and an
acceptance of responsibility for his welfare.
The difference can be seen in any
community founded on Torah. Someone loses a close relative, a loved
one - the halakha does not leave us wondering what should be done,
nor leaves him to wait for who will think of what to do. His house
fills with people fulfilling the mitzva of "nichum aveilim," the
comfort of the mourner. Does this exempt us of having to also think
of what is specifically needed by the individual in pain - not at
all! On the contrary, it forces each of his visitors to look around,
to think how best to fulfill "You shall love your fellow as
yourself" even as he fulfills "nichum aveilim." It creates a set
standard ritual which serves as a FRAMEWORK for the inner surge of
emotion, love and pity. Without this framework, both on the
individual and even more so on the community level, there is often
no fixed basis for there more amorphous emotions to take shape, and
surely no basis for them to develop and grow deeper and more
profound.
There is an educational aspect as
well. My children have been to the homes of mourners, to perform
"nichum aveilim." They could not have done that on their own - and I
suspect that outside of the Torah community, few of the children
have. In this way, they learn not only to walk into the homes of
mourners, but they learn to feel that they should comfort, to feel
what it is they have to comfort. But I do not wish to suggest that
this is true only for children. The principle of R. Chasdai Crescas
declares that we are all children, growing up all our lives. The
halakha creates the educational environment - one where there is
institutionalized societies and rituals for visiting the sick, for
organizing support, for free-loans, for comforting the mourner; and
the result is that every member of the community knows, at least to
some extent, that sensitivity and care for others is an integral and
daily part of what makes him a fully responsible human
being.
In fact, I think that at times even
"you shall love your fellow as yourself" becomes meaningful only
when measured against what I do, repeatedly, as a routine act of
chesed. I shall give one example. Thank God, I have not personally
experienced mourning. If I had to decide, without
halakhically-molded experience, how to act towards others on the
basis of how I would want them to act towards me in such a
situation, I am not sure I would know enough, feel enough, to know
how to begin to answer. But having been to countless homes of
mourning, having mourned with others and participated in their grief
because that was a mitzva (a mitzva not only to visit them, but to
do so out of chesed), I have learnt, developed, been sensitized
somewhat, so now I think I have an inkling of "what I would have
others do unto me;" so that I can now begin to also do unto them in
a similar fashion. The cycle repeats itself - from others I have
learnt about myself, so that I can now know about others.
B. Imitatio Dei (the
imitation of God)
There is another completely
independent source for the obligation of chesed. In the code of the
Rambam, in fact, it is found on the entirely opposite end of the
book (in the Book of Mada, the first part of the Rambam's code).
This is based on a passage in the Talmud (Sota 14a):
R. Chama b. R. Chanina said: What is
the meaning of the verse, "You shall walk after HaShem your God"
(Deut. 13,5). Is it possible for one to walk after the Presence? Is
it not written, "HaShem your God is a devouring fire" (Deut. 4,24)?
Rather, it means, follow in His ways: Just as He clothes the naked,
as is written, "HaShem God made for Adam and his wife coats of skins
and clothed them" (Gen. 4:21) - so you too clothe the naked; God
visited the sick, as is written, "God appeared to him in Alonei
Mamreh" (Gen. 18:1) - so you too visit the sick; God comforted the
mourner, as is written, "After the death of Avraham, God blessed his
son Yitzchak" (Gen. 25:11) - so you too comfort the mourner; God
buried the dead, as is written, "He buried him in the valley (Deut.
34:6) - so you too bury the dead.
The Torah states (Lev. 19:2), "You
shall be holy, for holy am I, your God." The midrash comments, "It
is fitting for the retinue of the king to imitate the king." How is
this done - by acting in the moral manner of God, by imitating His
ethical ways in relation to the world. Here one does not help others
out of human solidarity ("love your fellow AS YOURSELF"), or because
of a sense of obligation, but because it is the way of holiness, it
is the ultimate fulfillment of human nature because it transcends
human nature and assumes the divine. Travel in God's footsteps! -
How? - Do as He does. Take care of others, as He cares for the
entire world.
Why is ethics the way to imitate God?
Why is not music a means of divine imitation, or building great
monuments, or thinking deep thoughts? Why is the "chasid" (usually
translated as "pious," and institutionally a sect in Judaism, but
the word means one who engages in chesed) "divine" and not the great
actress, thinker, or artist? Remember last year, when we spoke of
Shabbat, I indeed claimed that creating all week is to be like God.
Why then do the Sages not say that we should walk in His ways - how?
- by creating? Why is clothing the naked the way to become like
God?
The answer I think is simple. All
values and virtues are godly and divine, but they are also human. If
I take them in order to enlarge my own self-worth, to magnify
myself, then I divorce them from God, from the objective reality of
value, and am left with only a pallid idolatrous reflection of
value. Chesed, even when pursued by man eager to enrich himself,
remains chesed, remains other-oriented. I give to others; the
self-enrichment is incidental. (Of course, this can be perverted,
and there are those who give to others only to enrich themselves, to
feel good, or to feel the center of attention. Andre Malraux, an
author not read often these days, has a wonderfully terrifying novel
about altruism as egocentric despotism, which I heartily recommend -
The Nest of Vipers). One who tries to be like God is burnt up in the
flame of what is totally alien to him, or he perverts it into
something that is not God. One who seeks to help others, to clothe
the naked and feed the hungry, is directed outward. By giving, he
receives. The Talmud does not restrict the gift of giving to natural
human potential. He receives the gift of true human potential - "and
you shall be as God, knowing good and evil" (Gen. 3,5 - this
sentence is the bait the serpent holds out before Eve to convince
her to eat of the forbidden fruit in the garden of Eden). Adam and
Eve tried to achieve the serpent's seductive goal by EATING, by
taking, and so they failed. God had charged them to take care of the
garden and protect it, to worry about others. Had they followed that
path, they would indeed have been like God. If chesed is the
framework, then indeed all other values become part of "be holy, for
holy am I, HaShem your God."
Some random halakhic
conclusions:
A. 1. If someone in need stretches
out his hand for charity, it is forbidden to "clench your fist." 2.
Even if no one asks, one is obligated to give something to charity.
4. It is a common custom to give some amount to charity every day
before prayer - not to ask for oneself before doing something for
someone else. 5. It is forbidden to pass by an object lost if it can
be returned to its owner. One must care for the object and publicize
a call for the owner to come get it.
B. 1. One who is sick should be
visited, both for psychological reasons (to cheer him) and for
practical reasons - to see if he needs any help. 2. A mourner should
be visited, not necessarily to say anything in particular, but
basically just to give him the presence of life, of other fellow
human beings. 3. A Jewish community is obligated to establish
organized methods of providing help for the needy in a manner that
eliminates the shame of asking for help, and in a manner that
involves personal participation. The traditional "societies" are
today called "committees" - and they should exist in any society,
including university societies, to ensure that the sick, depressed,
and needy are taken care of.
C. 1. Taking in guests is not another
version of charity; that is, it is not intended only to provide food
or lodging for someone who otherwise would be sleeping on a park
bench. It is meant as an expression of sharing - one who is out of
his own private framework should be taken in to a home. 2.
Celebrations - weddings, etc. - obligate especially in sharing with
others. When we celebrate our own good fortune, there is all the
greater need to redirect ourselves out to others. 3. The Rav zt"l,
my teacher Rav Yosef Dov Soloveitchik, repeated over and over again
that the community of fellowship receives its highest expression in
the giving of teacher to pupil and the sharing of mind. There are
many values, but all find their divine nature in being given to
others, and this is true even - no, this is true especially! - in
intellectual spiritual gifts. To give knowledge, understanding,
enlightenment, to share together in those gifts, is the highest act
of chesed and imitatio dei - just as He gave us His Torah as a free
gift, so too you give to
others.