Boundaries
Parshas Mishpatim
The essay explores the significance of the prohibition against eating Treifah, linking it to the pursuit of Kedusha and the identity of Klal Yisroel as Anshei Kodesh.
With a Parsha that contains such a wealth of Mitzvos, as well as the Pessukim of Na’aseh V’Nishma, it is difficult to choose just one topic to discuss. There is one Mitzvah found in the Parsha, however, that while seemingly self-contained actually teaches us an overarching lesson that is a key to our lives as Frum Jews. Following a number of Mitzvos that are largely in the category of Bein Adam LeChaverio, and in fact dictate much of our civil law, the Torah inserts one Halacha that is strictly Bein Adam LaMakom: “V’Anshei Kodesh Tihiyun Li U’Basar B’Sadeh Triefa Lo Sochelu.” This Passuk, of course, contains the Issur of eating Basar Treifa which is defined as the meat of an animal that would for not have survived an additional year had it not been Shechted. The Issur of Triefa is a relatively technical one: there are many Dafim in Meseches Chulin devoted to the Halachos of Treifos and they are quite complicated. It is therefore interesting that the Torah begins this Passuk with the words “V’Anshei Kodesh Tihiyun Li”. Why does this Mitzvah require such an introduction?
Rashi quotes a Mechilta that explains the progression of the Passuk as follows: “If you are Kedoshim, and abstain from eating Traifos, you will be ‘Li’, mine, and if not, you are not mine. It would seem from this Medrash that the Torah is defining how to be Anshei Kodesh: by refraining from eating Traifos. Thus the Passuk can be read: If you wish to fulfill the role of “Anshei Kodesh Li”, the way to do so is “U’Basar B’Sadeh Triefa Lo Sochelu”.
There is, however, a Medrash Rabbah that seems to have a slightly different understanding of the Passuk. The Medrash compares Klal Yisroel to Terumah: just like a Kohen goes to a pile of wheat and takes Terumah, so to Hakadosh Baruch Hu took Klal Yisroel as Terumah from the entire world. Therefore, concludes the Medrash, we have a resposnsibility to remain Kadosh, by avoiding Traifus, just as Terumah maintains a certain level of Kedusah.
On a certain level, these two Divrei Chazel do not seem to be in agreement with one another. On one hand, the Mechilta seems to say that the way to become Anshei Kodesh is by not eating Traifos and the like. On the other hand, the Medrash Rabbah appears to be saying that the we must not eat Traifos precisely because we are Anshei Kodesh. In other words, according to the Mechilta, the Keduash is a result of adhering to the Issur of Basar Traifa, whereas according to the Medrash Rabbah, the Issur is a result of our Kedusha. How can we resolve these two Mamarei Chazal so that they can be understood in tandem?
R’ Hirsch points out that the Torah used the term “Anshei Kodesh”, which could be understood as “people of holiness” as opposed to “Anashim Kedoshim” which would mean “holy people.” The difference, he explains, is that we can be Anashim Kedoshim only if we have actually attained Kedushah, whereas we can be defined as “Anshei Kodesh” while we are in pursuit of Kedushah. Anshei Kodesh have Kedusha on their mind, it is their goal, though they may not yet be Anashim Kedoshim. Accordingly, R’ Hirsch explains, avoiding Basar Treifah does not automatically make one Kadosh, but rather eating Basar Treifa is a roadblock on our journey to Kedusha: we certainly cannot attain our goal if we are not careful about this Issur.
Based on this we can explain the Medrashim that seem to be in conflict. Perhaps the Medrash Rabbah is telling us that because we are the Terumah of Hashem, “Kodesh L’Hashem Raishis Terumaso”, we all have a status of Anshei Kodesh. We are the Am HaNivchar and we are therefore imbued with a desire to reach higher levels of Kedusha—the battle of our lives is to attain Kedusha despite all that surrounds us. Therefore, as we travel on the road to Kedusha we must know what will aid us in our journey, and what will hinder us. The Issur of Basar Treifa, as we have seen, is one that will prevent us from reaching our goal, and therefore, as Anshei Kodesh, we must avoid it at all costs.
The Mechilta is then telling us the reward for our diligence in this Issur: “Im Atem Kedoshim Atem Sheli.” If we succeed in our mission, if we in fact do not eat Treifos, thereby clearing the road to Kedusha, we will no longer just be Anshei Kodesh, but rather Anashim Kedoshim. Once we attain this status we have attained a lofty level that can be described as “Sheli”, closest to Hashem.
These two Medrashim are therefore very much in agreement: the Medrash Rabbah explains why we must avoid Bassar Treiffa—it is a obstruction along our path to Kedusah—and the Mechilta explains what we can achieve if we are diligent in this regard—“Im Atem Kedoshim Atem Sheli.”
Once we understand these words of Chazal, however, there is another question that arises: why does this Mitzvah play such a major role in our ability to reach a level of Kedusha? When we think of ways that we can achieve great heights in Ruchniyas certainly ideals of Prishus enter our mind, but that is usually in the realm of “Kadesh Atzmecha B’Muttar Lach”—refraining from excessive physical enjoyment, regardless of whether it is actually Muttar or not. In this case however, the Torah is telling us that not eating Basar Treifah is essential to our growth in Ruchniyas—but why is this different than any other type of Macahlos Asuros where we do not necessarily see the same idea?
There is however an explanation of the term Treifah—as put forth by R’ Hirsch in the continuation of his explanation of this Passuk—that may help us to better understand why this Issur is so integral to our path to Kedusha.
The general understanding of the word Treifah is “torn apart” as in the Passuk “Ach Tarof Taraf”. R’ Hirsch points out, however, that this is an inaccurate translation, as an animal that whose death is caused by it being torn apart is in fact a Neveilah, not a Treifah. Rather, he explains, the word “Taraf” means “snatched” as in something that was taken from its prior place. For example, there are certain times in Choshen Mishpat when a person is allowed to repossess a field or other object from someone who bought it outright. This process is called “Taraf M’Likuchos” or snatching from buyers—the field is not torn apart—it is taken, or snatched, from its prior ownership.
When it comes to Basar Treifah, R’ Hirsch explains that the animal was not destined to survive among the living prior to its Scheitah—it was already taken from its prior status as human food to the status of a carcass, which is nutrients for plants and animals. An animal that is a Treifah is not fit for us to eat because it has already been removed from our sphere to that of plants and animals.
With this understanding of the word Treifah maybe we can explain why this Mitzvah plays such an important role in our path as Anshei Kodesh seeking to be Anashim Kedoshim.
When we refrain from eating Basar Treifah we are by virtue recognizing that there are boundaries in this world. The animal had Shechita that was done in a Halachically acceptable manner—but the animal itself was unwell and deemed to be a Triefah. We may be tempted to assume that since the animal did not end up dying of natural causes it is therefore permissible to eat—the Halachos of Trifah, however, tell us that this animal is forbidden because it is outside our boundaries.
This is representative of many choices we face as we seek Kedushah. There are times when we are not sure how to act, or which path to take, and the Ratzon Hashem may not be immediately clear. At those times we must remember that as Anshei Kodesh we have boundaries and we are above certain behaviors. If we keep our status in mind, and remember that we are the Terumas Hashem we will ensure that we can maintain our boundaries and make the proper choices. The Mitzvah of Basar Treifah is therefore integral to our development as Anshei Kodesh because it teaches us the importance of our knowing where our limitations lie—we don’t eat a Treifah because it has been taken from our sphere to another; similarly we have to know where our boundaries are and maintain them with diligence.
I think that this message may also help us understand the end of this Passuk, which tells us what to do with the Basar Treifa which is Assur: “L’Kelev Tashlichun Aso”. Chazal tell us that this meat is to be fed to dogs as a reward for the fact that they did not bark at members of Klal Yisroel during the night of Yitzias Mitzrayim, as the Passuk says: “Lo Yecharatz Kelev Leshono.”
It is understandable that the dogs should be rewarded for their self-restraint during that night. The Ibn Ezra, as well as Tosfos in Berachos, list various reasons that the dogs should rightfully have been barking all night long. The reason they did not bark in the presence of Bnei Yisroel was becuae that was the Tzivuy of Hashem: the Passuk of “Lo Yecharatz Kelev Leshono” is told to Moshe prior to Makas Bechoros and is a Tzivuy to the dogs, not merely historical record. Surely they should be rewarded for heeding the Dvar Hashem.
But why is Basar Treifah specifically identified as their reward and not other Ma’achalos Asuros? When it comes to Nevielah, for example, we are told that we may give, or sell, it to Goyim. Why is Basar Treifah given specifically to dogs as their Schar for fulfilling the Tzivuy of “Lo Yecharatz Kelev Leshono?”
Also, the Passuk in Parshas Bo says “ULichol Bnei Yisroel Lo Yecharatz Kelev Leshono.” Why is the word “Lichol” added? Why not “U’Libnei Yisroel”? Why does the Torah highlight that is was “Kol” Bnei Yisroel?
Perhaps we can answer these questions by better understanding the nature of dogs.
The Maharsha in Meseches Sanhedrin explains that the word “Kelev” is an conjunction of the words “Kol” and “Lev”, indicating that dogs are creatures that are sensitive to the feelings and emotions of others—they can see their hearts so to speak.
Perhaps the Torah tells us that the dogs were silent in front of all members of Klal Yisroel to tell us that they could sense who was and wasn’t a member of the Am Hanivchar regardless of their outward appearance. Knowing what we do about the state of Am Yisroel at the time of Yetzias Mitzrayim, it would not be difficult to imagine that there were some who did not act, or necessarily even look, like Bnei Yisroel. Nonetheless the dogs, who are Kulo Lev, and can sense a person’s inner feelings, were able to discern which people should not be disturbed on that night.
It is therefore fitting that the dogs are rewarded for their Kiyum of this Tzvuy with Basar Treifah. The Issur of Triefah, as we explained, is one that highlights our status as Terumas Hashem. It teaches us that because we are Anshei Kodesh—seekers of Kedusha—we must behave differently, and maintain our boundaries. The dogs, who are so sensitive to a person’s true character, and who displayed an ability to identify each member of Klal Yisroel as Terumas Hashem, are therefore rewarded with the meat of a Treifah which is representative of this status.
We must always keep in mind that while we may not yet have achieved a status of Anashim Kedoshim, we are all Anshei Kodesh—we all aim for a higher plane, and wish to grow in our Ruchniyas. As we travel along this path, we must try to avoid those things that are outside our boundries, that have been snatched away for use in spheres other than our own. In this way we can ensure that one day we will reach a level of “Im Atem Kedoshim Atem Sheli.”