Numbers 4:21 – 7:89
Treachery and its Remedy: Setting things right in word and deed
As we come into this week’s parsha we are walking in the middle of something. Previously, in the final verses of Parshat Bamidbar, we began to hear about the tasks and charge of the Kohanim (priests). But now in this week’s parsha we read about the assignment of the other Levitic clans, the sub-tribes of Gershon and Merari; the families who carried and assembled the tabernacle. Here in this week’s parsha is where the real nuts and bolts come together in this story about the establishment of the Mishkan – the desert tabernacle, the precursor to the Temple in Jerusalem. Everything and everyone is put in place.
Now it is very easy for readers, especially after all the detail on priestly duty and purity in our previous book of Levitivus, to just breeze over much of the early text in this section. Especially the modern reader, who is not as interested in the temple cult as much as they are the more philosophical themes that come with later mitzvot.
Quite often we lunge for the exciting parts. Even myself, in previous years I have found my mind focusing on the real attention getters like the curious ritual of the sotah – the strange custom imposed upon the suspected adulteress, a woman who has acted treacherously against her husband (כי תשטה אשתו, ומעלה בו מעל). She has been unfaithful to him. (see “Parshat Nasso 2011: The Ritual of the Sotah, the Offering of Jealousies”)
But this week I would like us to step back just a little bit in this text. As we are going to focus on this topic of unfaithfulness, most often described simply as treachery in English. But this time we will come in at ground level on this topic. Because the suggestion of adultery is not the only form of treachery one can commit. Treachery can be committed by and against any type of fellow, man and woman; and by extensions it can also be committed against G-d.
Treachery is actually a very good word to use for the Hebrew word ma’al – which means to embezzle, to misappropriate. This is understood to happen as a result of people breaching a relationship of trust, and thus acting treacherously – meaning faithlessly and dishonestly.
There is another type of treachery and breach of trust that is just as appalling and distasteful as adultery. And it is revealed for us here in the third reading of our parsha.
Even before we begin to hear about the issues of unfaithfulness in marriage, we are first forced to recognize and deal with faithlessness and a breach in trust in the generals sense, between one person and their fellow. This can be broadly applied, and is explicit in mentioning that this applies to both men and women. Our text reads:
“Tell the children of Israel:
Any man or woman
who commits any sins against man
to act treacherously against Hashem
and that person is guilty,
then they shall confess the sin
and make restitution for
the full amount of their guilt,
adding a fifth to it,
and give it to
the one against whom they were guilty.”
| Daber el-benei Yisra’el
| ish o-ishah
| ki ya’asu mikol-chatot ha’adam
| lim’ol ma’al b’Hashem
| ve’ashmah hanefesh hahi
| Vehitvadu et-chatatam
| asher asu
| veheshiv et-ashamo
| vachamishito yosef alav
| la’asher asham lo
If we read this text just straight forward we see a very important principle relating to justice presented here. How to remedy a breech of trust. When one acts treacherously, when one is dishonest, when one engages in stealing from people. This is how we remedy any type of violation of trust. Any sin against man (כי יעשו מכל חטאת האדם), any sin of embezzlement or dishonest practice. A sin against our fellow-man.
One is required to confess their sin and pay back the full amount of restitution to that person, plus a 20% penalty for harming the person. All this is paid directly to the injured party. If they cannot be found, then it should be given to their next of kin. If a family member cannot be located then it is given to the kohain – to a priest.
But notice the way it is further phrased, “to act treacherously against Hashem.” (למעל מעל ביי)
Now there are a few ways we can read that. First, the most obvious and the most striking is the face-value statement. That when we commit any type of sin against any man or woman, we are acting treacherously with our G-d. We are acting faithless, we are being a cheater. Likewise we are creating a chilul Hashem – a desecration of the Name of G-d. We are trashing G-d’s good name.
When ever a person among the people of Israel commits a sin against his fellow-man, he is not just harming that man. He is also offending G-d. He is being like the sotah – he is being faithless and untrustworthy like an adulteress in our relationship with G-d. That is the level of breach of trust there is going on here.
Now our rabbinic tradition, it likes to suggest a more specific type of crime here. Tradition is that the Torah does not repeat itself, there are no superfluous verses in the Torah. Yet we already see other verses in the Torah related to stealing in Viyikra (Leviticus).
With this in mind our sages further identify this related to take a false oath, in order to steal their fellow’s property. Thus literally creating a chilul Hashem – a desecration, but taking a false oath. Which is the meaning of commandment, “Do not use name of Hashem in vain.” (Exodus 20:7) Attaching the name of G-d to a lie and injustice. Causing the Name of G-d to be used inappropriately. Negating the good name of G-d.
So why here, and why again? As this is also suggested to us elsewhere in Torah. However our sages focus in on a specific act this time around. The Rashi, in line with many of the rabbis, identifies this crime as being gezel ha-ger – the sin of stealing from a convert, or an immigrant.
But before we talk about that the ger – the convert, I want us to notice one other point. Let us look at the commentary. Rashi says:
To act treacherously against G-d: [Scripture] repeats the section [dealing with] a thief who swears falsely, which is stated in parshath Vayikra; “… and acts treacherously against G-d by falsely denying to his fellow…” (Lev. 5:21). It is repeated here because two new matters are introduced. The first is that it is written: “they shall confess,” which teaches us that he [the thief] is not required to pay a fifth and [bring] a guilt [offering] when incriminated by two witnesses, until he admits to the deed himself, and the second [matter] is that what is stolen from a proselyte must be given to the kohanim. – [Sifrei Naso 1:13]
למעל מעל בה‘: הרי חזר וכתב כאן פרשת גוזל ונשבע על שקר, היא האמורה בפרשת ויקרא (ה, כא) ומעלה מעל בה‘ וכחש בעמיתו וגו‘, ונשנית כאן בשביל שני דברים שנתחדשו בה האחד, שכתב והתודו, לימד שאינו חייב חומש ואשם על פי עדים עד שיודה בדבר. והשני על גזל הגר שהוא נתון לכהנים:
Rashi to Number 5:6
Notice what it says here. That the person who has embezzled, who has stolen is not required to pay for their crime until they confess. And that is what makes this type of justice different from what we know today. And vastly different from what we see in secular legal remedy. When taking on civil cases, for instance. In such instances people are required to pay the amount back – to put the person back into their right standing, as before they were deprived of their property. And often there is a punitive damage added. So a person settles all of their issues by paying up. But there it is no requirement for them to confess their wrongs. Often people still deny their guilt, even as they pay damages.
Our sages suggest that the process is incomplete if a person does not confess their sins. And I believe that is the most difficult point of this lesson. That when we wrong someone, we are required to confess the wrong we have done to them. Torah morality does not allow us to just silently throw money and make the problem go away. No, we are required to confess what we have done in order to put it behind us and set things right. To validate the reality of the wrongs we have done against people.
However, I have a personal observation. I believe that the need to confess is not just for the sake of the person wronged, and to do right by G-d. But it is also for the sake of the sinner. It is essential that a person recognize for themselves the wrong they have done, in order to make a correction in themselves. In order to lay it out all so that they never repeat this again. To stop hiding their sin in the background, by shedding light on it. Shattering that dark area in our lives. Liberating one from shame and guilt, and all the burden of denial.
As I stated, our rabbis take this discussion one step further. And Rashi, at the end of this commentary, in short makes the point that like others who have no next of kin the amount of recompense and damages against a convert is paid to the kohain instead. He focuses on the ger – the convert, the immigrant. Stealing from them while lying under oath. This is the specific sin that requires this seeming repeat in the principles of fair dealings. Of course, the prohibition against harming a ger is something often mentioned in our tradition, but to our rabbis it is more specifically connected to oath taking here.
Our tradition, is very strong on demanding that we do right by the stranger in our midst. That we do not harm the ger – the convert or the immigrant. And it challenges us more than just on a social-civil level. It challenges us to do right by them, so as not to harm the holy message of the Torah true life. To not desecrate the Torah and Judaism itself through our deeds.
Why is it so important that our rabbis constantly warn against doing wrong by the convert? I believe one of the most clear and concise ways of summing this up is done by Rabbi Zelig Pliskin – the well-known Torah scholar and inspirational writer:
“A person who comes to Torah on his own volition does so because of the beautiful and elevated ideas he hears regarding Torah principles. He made his decision on the assumption that those who follow the Torah will act toward him in accordance with all the Torah laws pertaining to interpersonal relations. If someone cheats him financially or in some other way wrongs him, he [the Ger Tzeddek; the Righteous Convert] will not only suffer a monetary loss. Rather, he might also feel disillusioned with his decision to accept a Torah way of life.
The Ger Tzeddek has usually given up very much because of his ideals and will experience much pain from his disappointment that the people he is in contact with do not meet the Torah standards he expected of them. The importance of not harming a convert can be seen from the fact that Torah warns us about this in a number of places. From the negative we can learn the positive. The merit of acting with love and kindness toward a convert is great.”
“Growth Through Torah”, page 312
Rabbi Zelig Pliskin
I don’t think I really need to add anything to that, as these wise words encapsulates how this all pans out in my mind as well upon consideration. This lesson especially hangs heavy on my heart, with personal sting of not so infrequently seeing strangers and converts wronged.
And furthermore, I feel the rabbi is right. This text and understanding can be redeemed by helping us realize just how important and meritorious it is to show kindness a stranger – to a convert or an immigrant.
In closing I would like to also leave us with one more observation by another very wise scholar, Rabbi Aharon Lichtenstein. He gives us another reason as to seeming juxtaposition of this section with other commandments on the page. He instead relates it back to the conversation we had last week, about the tribal flags. And how some struggle with that in light of nationalism and the hostility towards outsiders. (see “Parshat Bamidbar 5774: Nationalism: How do you feel about flag waving?”) The rabbi writes:
“But why must the laws of gezel ha-ger [stealing from a convert/immigrant] appear in Parashat Naso? The underlying idea, the motto which appears again and again throughout the first two parashiot of the book of Bemidbar [Numbers] is “le-mishpechotam le- beit avotam” – “according to their families and by the house of their fathers.” The beginning of the book of Bemidbar is filled with the idea of family and tribal roots. However, there is a psychological danger stemming from feelings of tribal rootedness and connection; it can lead to disregard and even hostility towards all outsiders, towards all those not belonging to the clan.
“While Judaism sees the family and the nation as central to Jewish identity and consciousness, it is well aware of the danger to which these loyalties can lead when taken to an extreme. It is for this reason that we are commanded with regard to gezel ha-ger in the middle of Parashat Naso. It is precisely the ger, the foreigner, lacking the sense of familial, tribal and national roots, who is most vulnerable to the atmosphere pervading the beginning of Sefer Bemidbar. Therefore, the Torah commands us here to deal with the ger exactly as we would with our fellow Israelites.”
Sicha of HaRav Aharon Lichtenstein, shlit”a
I hope we all take this to heart as we read this parsha, and make a commitment to do right by the strangers in our midst.