Suspending Halacha

The first part of this week’s Parsha is based around a momentous meeting between brothers. As Yaakov Avinu arrives back in Eretz Yisroel he is told that Esav awaits him, along with four hundred men. Yaakov assumes that his brother has not come out to greet him graciously, and the Torah describes his preparations for their encounter in great detail. After a night in which he encounters, and wrestles with, the Saro Shel Esav, the stage is finally set for the two brothers, separated by more than just space and time, to come face to face.

The Divrei Chazal that discuss the actual meeting between Yaakov and Esav are clear: it had depth and meaning well beyond that moment. There is much to be learned from the way that Yaakov prepared to meet Esav, the way the two interacted with each other and each word they said, as well as the way in which Yaakov parted ways with his twin. The Torah describes this entire episode in such detail in order to provide us with a roadmap for how to deal with our most hated enemies, and how we, like Yaakov, can escape unscathed from their grasp. It would seem especially important to focus on any detail to which the Torah specifically calls our attention, as is the case with one particular word.

The Passuk tells us what happened at the moment that the two brothers finally came face-to-face: “Vayaretz Esav Likraso Vayichabkehu Vayipol Al Tzavarav Vayishakeyhu Vayibchu.” Esav ran towards Yaakov, hugged him, then fell on his shoulders and kissed him, at which point both cried. While this reaction may not seem out of the ordinary for two brothers who had been apart for so long, one may not expect it in the case of Yaakov and Esav, who parted ways on such toxic terms. The simplest reading of the Passuk, the Pashut Pshat seems to indicate that Esav greeted Yaakov with love—why and how would this be the case?

The truth is that more than just the actions of Esav are notable in this Passuk: the word “Vayishakeyhu” appears in the Torah with dots above it. Rabbeinu Bachya, and others, point out that any time a word is Nakud, appears with dots above the letters, the Torah is trying to tell us something about the word, and how it should be understood.

Indeed Rashi here brings a Sifri in Parshas Behaloscha, which discusses various instances of words that are Nakud, and what is implied. In the case of the word Vayishakeyhu, here, the Medrash brings a Machlokes. The first Pshat brought in the Medrash confirms ones initial instincts about this Passuk: the words Vayishakeyhu is Nakud to tell us that the kiss was in fact not wholehearted, but was pro forma: Esav kissed Yaakov for that is how one greets kin, but he did not mean to express any sort of affection.

In fact there is a well-known Medrash Rabba that goes even further than the Sifri in assigning motive to Esva’s kiss. In reality, says the Medrash, Esav wanted to bite Yaakovs neck, to harm or kill him, but Yaakov’s neck turned to stone and Esav’s teeth to wax. As a result, instead of inflicting harm upon Yaakov, Esav kissed him. This Medrash and the Sifri can go hand in hand: the Nikud on the Passuk tells us that Esav did not intend to show his love for Yaakov, but rarther to harm him and therefore his kiss was certainly less than heartfelt.

There is, however, a second opinion brought in the Sifri, which is perhaps even more interesting. R’ Shimon bar Yochai says: “Halacha Hi B’Yadua She’Esav Soneh L’Yaakov Ella SheNehepach Rachamav B’oso Sha’ah V’Nasho B’Chol Libo.” Although, says R’ Shimon, we know that the Halacha is that Esav Soneh L’Yaakov, nonetheless in this case the Rachamim of Esav too over and he kissed Yaaov out of love.

The second Pshat in the Sifri is so surprising, and difficult to understand that it almost seems like the Nikud over the word Vayishakeyhu must be telling us this. Afterall, if the Torah were to tell us that Esav kissed Yaakov without the calling attention to the word by using Nekoudos, we would probably assume that the kiss was not meant wholeheartedly—could Esav, who was sworn to kill his own brother now greet Yaakov with affection? If the purpose of the Nikud is to tell us that this word is not to be meant as expected, the approach of R’ Shimon Bar Yochi seems most appropriate: although the Halacha Pesuka is that Esav Soneh L’Yaakov, in this case the Halacha was put aside, so to speak, and Esav expressed love for Yaakov Avinu.

That being said, we must of course question how this could be the case. Esav’s hatred for Yaaov Avinu was not due to a mere spat between siblings, a passing quarrel: their world views diverged from the very start, and their conflict extends to this very day. The term Halacha B’Yadua is quite clear: Esav will never love Yaakov. Why then was this reality, this Halacha suspended at this very moment. How and why would the Rachamim of Esav take hold at this very moment, when the two brothers met after so many years of estrangement?

Perhaps we can answer this question, and explain the Pshat of R’ Shimon bar Yochai, by looking at the final instructions Yaakov Avinu gave to his sons before his Petirah.

The Passuk in Parshas Vayechi tells us that when Yaakov realized that the end of his life was nearing, he called his sons to his bed side. “Vayikra Yaakov El Banav Vayomer HeAsfu V’Agida Lachem Es Asher Yikra Eschem B’Achris Hayamim.” Yaakov instructed his sons to gather together so that he could tell them what will occur at “Achris HaYamim.” The next Passuk seems to repeat the instruction: “Hikabtzu V’Shamu Bnei Yaakov”, Yaakov seems to once again be telling his sons together so that they may hear his words. Why does he repeat himself? He had already told them “HeAsfu”, why did he also tell them “Hiabtzu”?

R’ Yaakov Druk, of the famed Mishpacha of Maggidim, explains these Pessukim in a most enlightening way in his Sefer, Ohel Yaakov.

R’ Druk notes that he words HeAsfu and Hisabtzu have different implications: HeAsfu is a Lashon that refers to a grouping, almost a casual gathering, while Hiusabtzu is used to describe a Kibutz, which is a more cohesive unit. Not only do these words have different meanings, but in this case they used in reference to two separate groups.

Yaakov wished to tell his sons what would happen B’Achris Hayamim, at the end of days, at the conclusion of this interminable Galus, and so he instructed them to gather: “HeAsfu V’Agida Lachem Es Asher Yikra Eschem B’Achris Hayamim.” Understandably, as his final moments approached, Yaakov wished to speak to all of his beloved children..“

R’ Druk, quoting the Menachem Zion, explains the message Yaakov gave his sons once they had assembled.

Yaakov told the Shevatim them that their children would face eons of “Sinas Olam L’Am Olam”, all the result of the Halacha Yadua that Esav Sonei L’Yaakov. We were to suffer great tragedies and endure much suffering at the hands of those for whom Sinas Yisroel was a guiding principle. There would come a time, however, that this would end: there would be an “Acharis Hayamim”. It was at this point that Yaakkov Avinu explained when the Acharis Hayamim would arrive: “Hikabtzu V’Shamu Bnei Yaakov”. When we could come together B’kibutz, not merely an Asifa of unrelated individuals, but a Klal, a cohesive unit, we would be able to greet the Acharis Hayamim.

The charge is clear—our unity can defeat Esav’s Sinah—but we must ask ourselves hoe Yaakov Avinu knew this to be the case. How did he know that the way to bring Acharis Hayamim, to defeat the Sinah of Esav, was to create a reality of “Hikabtzu V’Shamu Bnei Yaakov”?

Perhaps the answer is found in our Pessukim.

Earlier in the Parsha, the Torah tells us how Yaakov reacted to the news that Esav lay in wait, along with four hundred soldiers. “VaYira Yaakov Meod VaYetzer Lo Vayichatz Es HaAm Asher Ito…L’Shnei Machanos.” Yaakov became afraid, dreading conflict between himself and his brother, and so he split his entourage—people as well as animals—into two camps. The Torah even tells us why Yaakov did so: in case Esav attacked one camp, the other would survive: “V’Haya Hamachana Hanishar L’Pleita.”

When he crossed Maavor Yabok into Eretz Yisroel, however, Yaakov seems to have changed his mind. There the Passuk tells us that he took his entire family as he traveled. In fact the Torah delineates the numbers in each group, indicating that they were together: “Vayikach Es Shtei Nashav V’es Shtei Shifchosav V’Es Echad Asar Yiladav.” At this point they seemed to have been traveling as one camp, not two.

In fact, the next day, when Yaakov was on the final approach to his meeting with Esav, the Torah tells us that he split his children amongst their mothers, but not into two camps. The Netziv, in Hamek Davar, explains that after his encounter with Saro Shel Esav, when he was victorious, Yaakov had increased confidence and did not see a need to split his family into two camps.

Thus, when he finally came face to face with Esav, Yaakov had with him the entirety of Klal Yisroel: himself, his wives and their children. It was at this moment, when Esav encountered a united Klal, that his Rachamim overrode his predisposition for hatred. It was now that the Halacha of Esav Soneh L’Yaakov was temporarily suspended, and the kiss that Esav gave his brother was full of love, and devoid of hate.

Thus, when Yaakov spoke to his sons at the end of his lifetime, he knew exactly how to bring about Acharis Hayamim. He knew how to defeat Esav, how to bring an end to our enemies observance of their favorite Halacha, because he had lived it. Yaakov Avinu had seen firsthand that when presented with a united Klal Yisroel, even Esav himself was unable to carry on his hatred. Yaakov therefore gave a message to his sons which they were meant to pass on to theirs: “HeAsfu V’Agida Lachem Es Asher Yikra Eschem B’Achris Hayamim Hikabtzu V’Shamu Bnei Yaakov.” When we gather as one, when we are Mikabetz ourselves, we can overcome the Sinah of Esav.

The secret that Yaakov revealed to his sons at that time is deceptively simple: if we can unite as a Tzibur, we will be able to defeat those who hate us. If we are united as one we will be able to stand up to those who are so scrupulous in their observance of the “Halacha B’Yadua She’Esav Soneh L’Yaakov.” We know this to be true, and perhaps even understand it intellectually, yet Acharis Hayamim has yet to arrive, because fulfilment of this idea yet escapes us. As we face the reality of those who have nothing but animosity for us and our kind, however, we must always keep this message in mind: when we are Mikzbetz ourselves, Hashem will be Meabetz us, bringing Acharis Hayamim and the end of our hate filled Galus.