פרשה: ראה · עלייה: שישי (יסוד)

רק אם שמוע תשמע, "only if you will surely hearken, etc." The reason this paragraph is positioned next to the paragraph following promising that there will not be any poor amongst you is that we have learned in Moed Katan 28 that the wealth or poverty of a person is not related to his piety but to his mazzal The Torah therefore tells us that if all the Israelites will observe all the commandments, both positive and negative, then Moses could promise that there would indeed be no one that would be poor amongst the Jewish people. In such circumstances the passage in Moed Katan 28 would not be applicable. What the Talmud referred to there were only situations in which the person in question while having more merits than debits to his credit questions why he is poor. To such a person the Talmud said that the matter was due to his mazzal.

כי יהיה בך אביון, "If there will be a destitute person amongst you, etc." Why does the Torah have to write בך, "amongst you," when it already wrote "amongst one of your brethren?" Perhaps Moses alluded to something we have learned in Baba Batra 10 where the Talmud said that the reason G'd chooses to afflict some people with economic hardship in this life is to afford their wealthier fellow Jews the opportunity to assist such a destitute person to support himself in dignity. The words בך אביון may be read together meaning: "on your account, i.e. for your sake," there will be a destitute person." The Torah writes מאחד אחיך, "amongst one of your brethren" to remind you not to evaluate people on the basis of their economic prosperity. The fact that he is destitute does not make him a lesser person, He is still your brother. This is quite independent of the explanation of our sages (Baba Metzia 71) that the reason the Torah mentions different levels of poverty is to teach you to attend first to the local poor before tending to those elsewhere.

One may also see in these various levels of poverty described as עני, אביון in verse 12, different degrees of G'd's decrees against the poor. We have dealt with this subject on Exodus 22,24 where the Torah told us to extend loans to the poor. We explained there that sometimes the portion which is the due of the poor has been entrusted by G'd to the rich instead and that all his riches are in truth a collection of what originally had been allocated to the poor. When the rich man keeps this in mind he will never begrudge any support he extends to the poor as he is only giving to the poor what was his in the first place. Sometimes the poor finds someone physically close to him who will support him; other times he may have to travel to find someone who helps him sufficiently. This is what the Torah means when it speaks of מאחד אחיך, amongst one of your brethren. Alternatively, the benefactor may not even qualify for the description "your brother" but must be described as באחד שעריך, "someone in one of your cities." He may not even be found in one of your cities but merely בארצך, in your land but not in a Jewish city.

Alternatively, the word מארצך means that though there is general prosperity in your country this does not preclude the fact that some Jew will be destitute.

A moral/ethical approach to the whole paragraph sees in the words מאחד אחיך, "one of your brethren," an allusion to the one who is special amongst your brethren, the one to whose coming we all look forward to with longing, i.e. the Messiah. The Messiah has been portrayed as a poor man when the prophet Zachariah 9,9 describes him as riding on a donkey. The Torah also hints at the cause of his poverty when it says בך, "because of you," meaning that if the redemption would be orchestrated by G'd because the Israelites had attained spiritual maturity the Messiah would arrive in advance of G'd's final date for the redemption and he would be able to ride in style to show that the Israelites had qualified for redemption by their own efforts. As it is, by describing him as בך, Moses portrays him as a destitute person who waits anxiously for a handout. The story is told that when Rabbi Yehoshua ben Levi once encountered the Messiah, the latter asked him what the Israelites were doing at that time. The Rabbi replied that they were awaiting the arrival of the Messiah. Upon hearing this the Messiah let out a long wail showing his anxious desire to reveal himself and to redeem the Jewish people. The Torah alludes to this when writing מאחד אחיך, "amongst one of your brethren," meaning "amongst the unique one of your brethren, the Messiah (compare Targum Yonathan ben Uzziel on Genesis 26,10 who renders the words אחד העם, "one of the people" as "a unique one, a king"). The words באחד שעריך may be understood as "one who is unique amongst the Sanhedrin, the Supreme Court, as we know from Isaiah 11,4 that the Messiah will judge the poor fairly, not relying on external appearances. The word בארצך means that the arena for the Messiah's activities will be ארץ ישראל.

We may also approach this verse from a different perspective. Zohar Chadash on Noach discussing Genesis 8,8, states in the name of Rabbi Eliezer that if the leaders of one synagogue or one entire congregation were to become true penitents the Messiah would arrive immediately. Accordingly we must understand the word אביון as anyone who yearns for אחד שעריך, "one of your congregations" becoming true penitents. When this happens the "destitute" Messiah will be able to fulfil his desire to arrive joyfully. The Torah writes בארצך "in your land," in order to define the place the Messiah yearns for "the land which the Lord your G'd is about to give you." He is anxious to find out when תפקוד העיר היונה חמדת הלבבות, "the city of the dove will be redeemed," the city to which all hearts aspire (compare Tzefaniah 3,1). G'd commands all of Israel לא תאמץ את לבבך ולא תקפץ את אחיך האביון "not to be stubborn but to do everything to help your brother, the destitute one," i.e. the Messiah to realise his ambition. The single most potent מצוה which will hasten the arrival of the Messiah is charity as we have been taught in Isaiah 54,14: בצדקה תכונני, "you shall be established through righteousness." The paragraph concludes with the words מאחיך האביון, "from your brother who is destitute," referring to the cause of why your brother the Messiah is destitute, unable to realise his mission.

כי פתח תפתח, "for you shall surely open, etc." What made Moses think that such a reason would open the hearts of insensitive people? Perhaps Moses referred to something we read in Proverbs 11,24 that "one man gives generously and winds up with more;" being charitable does not diminish one's wealth but increases it. When the Israelite "opens his hand," G'd "opens the gates of heavenly bounty for him." This is why Moses said כי פתח "in order that G'd will open His hidden treasures, etc." He continues with והעבט תעביטנו, "you shall lend him whatever he lacks, etc." The Torah means that when you open your hand for the poor all you are doing is giving him a loan seeing that G'd will repay you with interest. This is certainly sufficient reason for Moses telling you to open your hand again and again.

ועבדך, "and he will serve you, etc." The letter ו at the beginning of this word connects it to the previous commandment. This is analogous to what our sages have taught about the word לך in the sequence כי ימכר לך, that a Jewish court is not allowed to "sell" the labour of a Jew except to another Jew. The new addition to this restriction of the court's authority is that the length of time for which the labour of such a Jew may be sold is restricted to six years.

ובשנה השביעית "and in the seventh year, etc." The words "he will leave" are noticeably missing here (compare Exodus 21,2). The Torah's intention here is that on occasion such a servant will also have to work during the seventh year, such as if he escaped during this period. Even if the original six years may have expired before he was recaptured he has to complete six years of service. This is the ruling of Maimonides in chapter two of his treatise Hilchot Avadim. The Talmud Kidushin 16 derives this from the words "six years he shall serve" in Exodus 21,2. Perhaps we could derive from that latter verse that in the event the servant falls sick for four years he remains obligated to complete six years of labour. The extra letter ו in the expression ובשנה השביעית teach that if the servant escaped he has to make up the time even if it amounts to a whole year.

לך לעבד עולם, "for you as an eternal slave." Seeing that if the original master had died during the first six years of said servant's service he has to complete his term working for the master's son, the fact that he had his ear pierced לך, "for you," means that he will remain yours (the master's) forever but not your son's forever.

כי משנה שכר שכיר, "for twice as much as a hired hand, etc." Our initial reaction to these words would be that if the servant was sick for only three out of the six years he would not have to make up any time. Kidushin 15 derives from this verse that whereas a hired hand works only by day, a servant, i.e. עבד, works both by day and by night. Our verse alludes to this ruling.