Save "Ki Teizei and Tzedek/Rachamim

Based on the Mussar Torah Commentary
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Ki Teizei and Tzedek/Rachamim Based on the Mussar Torah Commentary
(ח) הִגִּ֥יד לְךָ֛ אָדָ֖ם מַה־טּ֑וֹב וּמָֽה־יְהֹוָ֞ה דּוֹרֵ֣שׁ מִמְּךָ֗ כִּ֣י אִם־עֲשׂ֤וֹת מִשְׁפָּט֙ וְאַ֣הֲבַת חֶ֔סֶד וְהַצְנֵ֥עַ לֶ֖כֶת עִם־אֱלֹהֶֽיךָ׃ {ס}

(8) “God has told you, O human, what is good,
And what the Eternal requires of you:
Only to do justice
And to love goodness,
And to walk modestly with your God

Last week we studied the middah of tzedek (justice). This week we return to that very same middah, as we explore what it means to do justice, love goodness and walk humbly with God.

This week we will focus on the relationship between tzedek and rachamim (compassion).

(טז) לֹא־תַסְגִּ֥יר עֶ֖בֶד אֶל־אֲדֹנָ֑יו אֲשֶׁר־יִנָּצֵ֥ל אֵלֶ֖יךָ מֵעִ֥ם אֲדֹנָֽיו׃ (יז) עִמְּךָ֞ יֵשֵׁ֣ב בְּקִרְבְּךָ֗ בַּמָּק֧וֹם אֲשֶׁר־יִבְחַ֛ר בְּאַחַ֥ד שְׁעָרֶ֖יךָ בַּטּ֣וֹב ל֑וֹ לֹ֖א תּוֹנֶֽנּוּ׃ {ס}

(16) You shall not turn over to the master a slave who seeks refuge with you from that master. (17) Such individuals shall live with you in any place they may choose among the settlements in your midst, wherever they please; you must not ill-treat them.

Rabbi Bonnie Koppel, "Tzedek/Rachamim—Justice/Mercy: A Conflict of Values," Rabbi Barry Block, The Mussar Torah Commentary: A Spiritual Path to Living a Meaningful and Ethical Life (p. 307). CCAR Press.

"Justice would seem to call for returning slaves, as one would return any lost “property” to the rightful owner. Yet, in this case, compassion overrides justice. Justice may be blind. Compassion calls on us to see the other with open hearts. “Always remember,” we read, “that you were a slave in the land of Egypt” (Deuteronomy 24:22). The Rabbis depict God’s struggle with the tension between justice and mercy in creating the world. With only strict justice, the world could not endure, populated as it is by imperfect human beings. On the other hand, if there were only mercy, no one would be accountable for their actions, and we would descend into chaos. Thus, the midrash pictures the Holy One combining the two qualities in the act of Creation.

(א) לֹֽא־תִרְאֶה֩ אֶת־שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיוֹ֙ נִדָּחִ֔ים וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם הָשֵׁ֥ב תְּשִׁיבֵ֖ם לְאָחִֽיךָ׃ (ב) וְאִם־לֹ֨א קָר֥וֹב אָחִ֛יךָ אֵלֶ֖יךָ וְלֹ֣א יְדַעְתּ֑וֹ וַאֲסַפְתּוֹ֙ אֶל־תּ֣וֹךְ בֵּיתֶ֔ךָ וְהָיָ֣ה עִמְּךָ֗ עַ֣ד דְּרֹ֤שׁ אָחִ֙יךָ֙ אֹת֔וֹ וַהֲשֵׁבֹת֖וֹ לֽוֹ׃ (ג) וְכֵ֧ן תַּעֲשֶׂ֣ה לַחֲמֹר֗וֹ וְכֵ֣ן תַּעֲשֶׂה֮ לְשִׂמְלָתוֹ֒ וְכֵ֣ן תַּעֲשֶׂ֗ה לְכׇל־אֲבֵדַ֥ת אָחִ֛יךָ אֲשֶׁר־תֹּאבַ֥ד מִמֶּ֖נּוּ וּמְצָאתָ֑הּ לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם׃ {ס}
(1) If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer. (2) If your fellow Israelite does not live near you or you do not know who [the owner] is, you shall bring it home and it shall remain with you until your peer claims it; then you shall give it back. (3) You shall do the same with that person’s ass; you shall do the same with that person’s garment; and so too shall you do with anything that your fellow Israelite loses and you find: you must not remain indifferent.
(ו) כִּ֣י יִקָּרֵ֣א קַן־צִפּ֣וֹר ׀ לְפָנֶ֡יךָ בַּדֶּ֜רֶךְ בְּכׇל־עֵ֣ץ ׀ א֣וֹ עַל־הָאָ֗רֶץ אֶפְרֹחִים֙ א֣וֹ בֵיצִ֔ים וְהָאֵ֤ם רֹבֶ֙צֶת֙ עַל־הָֽאֶפְרֹחִ֔ים א֖וֹ עַל־הַבֵּיצִ֑ים לֹא־תִקַּ֥ח הָאֵ֖ם עַל־הַבָּנִֽים׃ (ז) שַׁלֵּ֤חַ תְּשַׁלַּח֙ אֶת־הָאֵ֔ם וְאֶת־הַבָּנִ֖ים תִּֽקַּֽח־לָ֑ךְ לְמַ֙עַן֙ יִ֣יטַב לָ֔ךְ וְהַאֲרַכְתָּ֖ יָמִֽים׃ {ס}
(6) If, along the road, you chance upon a bird’s nest, in any tree or on the ground, with fledglings or eggs and the mother sitting over the fledglings or on the eggs, do not take the mother together with her young. (7) Let the mother go, and take only the young, in order that you may fare well and have a long life.
(ח) כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ וְלֹֽא־תָשִׂ֤ים דָּמִים֙ בְּבֵיתֶ֔ךָ כִּֽי־יִפֹּ֥ל הַנֹּפֵ֖ל מִמֶּֽנּוּ׃
(8) When you build a new house, you shall make a parapet for your roof, so that you do not bring bloodguilt on your house if anyone should fall from it.
(יט) כִּ֣י תִקְצֹר֩ קְצִֽירְךָ֨ בְשָׂדֶ֜ךָ וְשָֽׁכַחְתָּ֧ עֹ֣מֶר בַּשָּׂדֶ֗ה לֹ֤א תָשׁוּב֙ לְקַחְתּ֔וֹ לַגֵּ֛ר לַיָּת֥וֹם וְלָאַלְמָנָ֖ה יִהְיֶ֑ה לְמַ֤עַן יְבָרֶכְךָ֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ בְּכֹ֖ל מַעֲשֵׂ֥ה יָדֶֽיךָ׃ {ס} (כ) כִּ֤י תַחְבֹּט֙ זֵֽיתְךָ֔ לֹ֥א תְפַאֵ֖ר אַחֲרֶ֑יךָ לַגֵּ֛ר לַיָּת֥וֹם וְלָאַלְמָנָ֖ה יִהְיֶֽה׃ (כא) כִּ֤י תִבְצֹר֙ כַּרְמְךָ֔ לֹ֥א תְעוֹלֵ֖ל אַחֲרֶ֑יךָ לַגֵּ֛ר לַיָּת֥וֹם וְלָאַלְמָנָ֖ה יִהְיֶֽה׃
(19) When you reap the harvest in your field and overlook a sheaf in the field, do not turn back to get it; it shall go to the stranger, the fatherless, and the widow—in order that your God יהוה may bless you in all your undertakings. (20) When you beat down the fruit of your olive trees, do not go over them again; that shall go to the stranger, the fatherless, and the widow. (21) When you gather the grapes of your vineyard, do not pick it over again; that shall go to the stranger, the fatherless, and the widow.

This above texts includes three different laws about (1) returning lost animals or garments (2) not taking the motherbird along with her young, (3) building safe and secure house, and (4) leaving crops for people in need.

What do these laws have in common?

Why do you think they are specifically listed in the Torah?

Rabbi Bonnie Koppel

As a military chaplain for thirty-eight years, I observed, firsthand, the sense of dehumanization of the enemy that accompanied combat. We are raised to be sensitive human beings who would never think of taking a human life. When soldiers are thrust into war, it is challenging to overcome a lifetime of training not to cause harm to others. Sadly, they steel themselves for battle by seeing enemy combatants as “other” and thereby overcoming a natural and admirable disinclination to kill. Traditionally, soldiers have achieved that emotional and moral distance by dehumanizing the enemy. However, there is an emerging understanding of “moral injury” as a foundation of post-traumatic stress. Moral injury can occur when there is a disconnect between our fundamental values—thou shalt not kill—and the reality that war entails—kill or be killed.

Rabbi Bonnie Koppel

I recall the profound impact of Passover seders in Iraq, where, as we spilled a drop of wine from our cups, mentioning each plague, we reminded ourselves that we should never rejoice over the suffering of our enemies. The ritual of spilling wine from our cups is a reminder of the ultimate humanity of every individual, understanding the divine image even in enemy combatants. If we deny that reality, we risk moral disconnect.

Alan Morinis, Everyday Holiness, p.77

A world run only according to the principle of stern justice would leave no room for free will, learning, change, or growth, because every single time you did something wrong, mechanical rules would mete out results instantly and without variation. To forestall such insufferable rigidity, God included the attribute of compassion as an essential feature of creation, right alongside judgment.

Bereishit Rabbah 12:15

[There was] a king who had empty glasses. The king said "if I put hot water in them, then they will expand and break, and if I put cold water in them, they will contract and shatter. What did the king do? He mixed hot water with the cold water and put them in the glasses. So too the Holy One of Blessing said: if I create the world with the attribute of compassion alone, no one would be concerned with the consequences of their actions. With the attribute of judgment alone, how could the world stand? Rather, behold I create it with both the attribute of judgment and the attribute of compassion, and hopefully it will stand.

(כג) כִּ֣י אִם־בְּזֹ֞את יִתְהַלֵּ֣ל הַמִּתְהַלֵּ֗ל הַשְׂכֵּל֮ וְיָדֹ֣עַ אוֹתִי֒ כִּ֚י אֲנִ֣י יְהֹוָ֔ה עֹ֥שֶׂה חֶ֛סֶד מִשְׁפָּ֥ט וּצְדָקָ֖ה בָּאָ֑רֶץ כִּֽי־בְאֵ֥לֶּה חָפַ֖צְתִּי נְאֻם־יְהֹוָֽה׃ {ס}

(23) But only in this should one glory: In his earnest devotion to Me. For I the Eternal act with kindness, Justice, and equity in the world; For in these I delight —declares the Eternal.​​​​​​​

How do we merge tzedek with rachamim?

רַב הוּנָא רָמֵי, כְּתִיב: ״צַדִּיק ה׳ בְּכׇל דְּרָכָיו״, וּכְתִיב: ״וְחָסִיד בְּכׇל מַעֲשָׂיו״! בַּתְּחִלָּה — צַדִּיק, וּלְבַסּוֹף — חָסִיד.
§ Rav Huna raised a contradiction between the two halves of a verse. It is written: “The Lord is righteous [tzaddik] in all His ways” (Psalms 145:17), indicating that God acts in accordance with the attribute of strict justice [tzedek], and then it is written in the same verse: “And kind [ḥasid] in all His works,” implying that He acts with grace and loving-kindness [ḥesed], going beyond the letter of the law. Rav Huna explained: Initially, at the time of judgment, He is righteous, but in the end, at the time of punishment, He is gracious.

Dr. Solomon Schimmel, Wounds Not Healed By Time, Oxford University Press, 2002, p. 7

“It is my belief that the best balm for the resentment, rage, guilt and shame engendered by human evil is the proper balance of justice, repentance and forgiveness. Justice, which prescribes punishment for the offender, is essential for a society that wants to prevent hurtful behavior; assuage the emotional pain of victims; and try to repair and rectify... the damage and injury they suffered... Forgiveness by a victim, in response to repentance by an offender, enables new, healthy and sometimes even loving relationships to be forged between them. Often, forgiveness can soothe our emotional pain and release us from anger and hatred, even if the person who injured us doesn't show remorse, or can't repent, as, for example, if he or she has died. Repentance gives us, and others who have cause injury, an opportunity to change; turn to the good; and help repair the physical, emotional or material harm wrought by the misdeed. Repentance also greatly facilitates forgiveness.”

Menachem Creditor, "Today" -- A Rosh HaShannah Prayer to End Gun Violence

Dear God,
God, we stand waiting for a world,
this world,
our world
to be reborn.

It's not a statement we make lightly;
it is a statement of need.

This world needs rebirthing.
Our hearts need deep healing.
Our lives need rebuilding
after all the pointless deaths
we've endured this past year.

Dear God,
Guns and violence have destroyed
tens of thousands of lives
in America this year.
Tens of thousands.

We call to You, Adonai,
and beg that you stand
in Din, in Judgment,
of our carelessness
and our callousness at the senseless,
avoidable loss of many human lives.

We call to you, Adonai,
to infuse our souls
with Chesed, Your Love,
so that we really start to cry out
from the pain our nation has endured
for far too long.

May we be inspired by You
and act to save many, many lives this coming year.
We know that only then
will we be worthy of a world reborn.

Hayom, Today,
we remember Your command to choose life
is not a given in Your broken world
but rather a demand
upon us all.

Hayom, Today,
we sing louder than weapons:
Those who sow in tears,
will reap, will reap in joy.[Psalm 126:5]

God, May we merit to see You
in each other's eyes
and sanctify Your Name
by standing together
by rising up again,
this time rebuilding Your World
by saving each other's.

Amen.

מַאי מְצַלֵּי? אָמַר רַב זוּטְרָא בַּר טוֹבִיָּה, אָמַר רַב: ״יְהִי רָצוֹן מִלְּפָנַי שֶׁיִּכְבְּשׁוּ רַחֲמַי אֶת כַּעֲסִי, וְיִגּוֹלּוּ רַחֲמַי עַל מִדּוֹתַי, וְאֶתְנַהֵג עִם בָּנַי בְּמִדַּת רַחֲמִים, וְאֶכָּנֵס לָהֶם לִפְנִים מִשּׁוּרַת הַדִּין״.
The Gemara asks: What does God pray? Rav Zutra bar Tovia said that Rav said:
God says: May it be My will that My mercy will overcome My anger towards Israel for their transgressions,
and may My mercy prevail over My other attributes through which Israel is punished,
and may I conduct myself toward My children, Israel, with the attribute of mercy,
and may I enter before them beyond the letter of the law.
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