The Clarifying Effect of Oppression And More Bava Basra 41-44

Don’t Miss the Full Story

Our Gemara on Amud Aleph discusses an interesting judicial ethic, based on a verse in Mishle (31:8) that one must help the mute express himself. Even though a judge must be careful not to show bias nor advocate for a particular side, if he sees the person is having difficulty expressing himself because he is nervous or cannot organize his thoughts, he may “judiciously” offer him help (see Shulkhan Arukh Choshen Mishpat 17:9).

The value of helping people find their voice can be enacted in many spheres of life. Helping a person who is more shy express himself, noticing somebody’s body language, hesitant gestures, and inviting them to express what’s on their mind, and allowing younger people and/or disempowered people to have their say are all part of this important ethic.

Likkutei Moharan (60) takes this idea into a different dimension. It is the role of the Tzaddik and teacher to use parables and stories to inspire and bring out ideas to those who do not possess scholarly abilities. This is also an opening of the mute in that it gives voice to spiritual and moral expression that otherwise is not easily articulated. Storytelling is the way that human beings have conveyed cultural wisdom and morals for thousands of years. The content of Torah, though considered a legal document and embodiment of a covenant, is 50% stories. And of course midrashim, and stories of heroic Jewish figures provide means by which to teach children, and ourselves, how to behave, think and feel in various life circumstances.

Probably as a result of the traumatic encounter of biblical criticism that ran wild during the 20th century haskala, there is a reflexive fear on the part of frum, traditional Jews to allow themselves to enjoy the story–like quality of our teachings. It somehow feels sacrilegious to enjoy the actual drama in some of the biblical stories, and yet they are so beautiful and powerful.

Here are a few examples: Yaakov’s courtship with Rachel, Leah’s pining to be loved and valued, the struggles of the matriarchs with infertility, the rivalry of Yosef and his brothers, and the general tzaar gidul banim and grief that the patriarchs experienced trying to raise their children. These are not midrashim. Many of the details and even the depths of emotion, despair and elation, are right there in the verses. Knowing that great people went through so many of the struggles that we go through is a source of comfort and guidance.

Of course, it is a theological principle that a divine document will be multi layered and the story component might be the most primitive and simplistic aspect of it, but it is still true. As we often find when it comes to Jewish principles, there can be polar opposites, and the truth lies in honoring the space in between. On the one hand, we have a teaching, Ein Mikrah Yotzeh Midei Peshuto the verse does not depart from its simple meaning (Shabbos 63a), and on the other hand the Rambam’s Eighth Principle of Faith which dictates that every single word of the Torah is equally the word of God:

“There is no difference between “And the sons of Cham were Kush and Mitsrayim” (Genesis 10:6), “and his wife’s name was” Meheitabel” (Genesis 36:39), “And Timnah was his concubine” (Genesis 36:12) [ on the one hand] and “I am the Lord, your God” (Exodus 20:2) and “Hear Israel” (Deuteronomy 6:4) [on the other]; since they are all from the mouth of the Almighty and it is all the Torah of God – complete, pure and holy truth.”

Even though the simplest verse or story in the Torah contains profound mystical dimensions and meanings, I say, whoever read Sefer Bereishis and never felt Rachel and Leah’s pain, or Yaakov’s frustrations and fears, has missed out on a vital aspect of the biblical message.

The Clarifying Effect of Oppression

Our Gemara on Amud Beis makes a reference to a Torah discussion that apparently transpired while the participants were hiding out in a cave. Rav Yaakov Emden comments on this: You see how much they cherished Torah, that even under duress hiding out in fear, they engaged in study.

Torah scholarship is in many ways different than other intellectual pursuits. Art, music, science and philosophy flourish with emotional, social and financial stability. However, since Torah is also a spiritual endeavor, it derives its greatest strengths and power from a divine source. Physicality and materialism are inimical to spirituality, and obstruct and distract from divine flow.

Our sages taught (Berachos 63b):

מנין שאין דברי תורה מתקיימין אלא במי שממית עצמו עליה

From where is it derived that matters of Torah are only retained by one who kills himself over it? As it is stated: “This is the Torah: When one dies in a tent” (Numbers 19:14); true Torah study demands the total devotion of one who is willing to dedicate his life in the tent of Torah.

Maor Eynayim (Chukas) and Arvei Nachal, (Bereishis 5) both explain that it does not mean literally dying, nor does it mean a general self sacrifice. Rather, it means the killing off of self and ego, in order to remove any biases, and be available to apprehend the full spiritual truth. This is why it uses the phrase “kills himself” instead of merely saying “dies over it“. This is a form of self annihilation that allows for the rebirth of expanded consciousness and life.

And finally, looking at it on a psychological level, suffering and religious oppression can lead a person to appreciate and desire Torah even more. It is human nature, that when something is taken away from us that we first appreciate it. A rather bizarre but compelling example takes place in the biblical narrative regarding the generation of the spies and their reaction to being sent back into the wilderness. Oddly, even though at first the Jews were rebelling, panicking, and refusing to accept Moshe’s encouragement and admonition that they absolutely have the ability to conquer the land of Israel, once God sent them back into exile and wandering, they had a change of heart. They said (Bamidbar 14:41):

“We are prepared to go up to the place that Hashem has spoken of, for we were wrong.”

Now they were so resolute that they insisted on going into battle, despite Moshe‘s warning that God was not with them and they would not succeed. When our enemies persecute us and try to take away our religious rights, that is when we first start to fight. May we merit the wisdom to appreciate our tradition and way of life without having to suffer oppression.

Being Good While You Are Bad

Our Gemara on Amud Beis refers to the principle of ba’alayv imo. Ordinarily the borrower of an object has full liability, even for unavoidable accidental losses with zero neglect on his part. However, if the owner was employed by the borrower in some for of labor at the time of the lending, then the borrower is exempt from liability.

The Ateres Yeshua on Parashas Mishpatim adds a symbolic meaning to this legal tort: God is the owner, and we are the borrower. Our souls are on loan from God and one day must be returned intact. Even when a person sins, if he keeps Hashem with him, he is not liable for certain “accidental“ sins, even accidents due to our being overwhelmed by our base instincts. This is also hinted at from the verse (Devarim 9:7):

מַמְרִ֥ים הֱיִיתֶ֖ם עִם הַ

You have continuously been rebellious with Hashem

The word “with” can be understood literally. Instead of it meaning rebellious against Hashem, it could be rebellious while still BEING WITH Hashem.

This is religious concept that there is moral value in trying to keep close to God, even while sinning. When one realizes he is sinning there is a psychological urge to either rationalize the behavior, or deny obligation or connection to God. Variations on this theme include doubting God’s existence, or doubting the Torah obligation, or even, “I have sinned so much, God doesn’t care or hates me anyways.” All of these provide excuses that allow a person to hide from God. However, if a person is sinning and accepts that it is wrong because he is weak or flawed, and still is in dialogue with God, it maintains accountability and eventually can lead to repentance.

According to one version of the text in Berachos 63a, even a thief should pray to God for assistance while in the act of his burglary. (Compare Rashi’s interpretation ibid to Peri Tzaddik, Eikev 19”.)

In the human context, anything that is meaningful occurs within a relationship. Even when people are thinking, and according to the research conducted by Vigotsky, language development occurs via an internal dialogue. Moral sense and conviction also occurs as an internal dialogue. If this dialogue is more than just an inner voice, but actually relational with God, it is all the more powerful.

I will add, we can add meaning to the following Torah precept in a different manner (Berachos 33a):

ואמר רבי חנינא: הכל בידי שמים, חוץ מיראת שמים.

Rabbi Ḥanina said: Everything is in the hands of Heaven, except for fear of Heaven.”

The simple meaning is that there are environmental and personal circumstances that we do not have control over, but we always can control our attitude and connection toward God. Based on what we saw above, perhaps it is even more subtle. There are times where even we cannot help but to sin, and yet even at that time, it is in our hands if we remain connected to God or not.

Attachment and Mindfulness

Tosafos on Amud Beis (“V’lo”) discusses a quasi legal opinion that each Jew owns their own four cubit section in the land of Israel, by virtue of inheritance from ancestors. Even though these lands were conquered, because they were done so illegally, they are still in the possession of the rightful owners.

As we discussed extensively in blog posts Psychology of the Daf Bava Basra 34 & 37, the righteous person sees God’s connection and everything, and therefore values his possessions. The possessions are not seen as just a gift from God in terms of having appropriate gratitude, but with an additional sense that somehow or another they specifically are earmarked for their individual needs and contain an aspect of their own self. In a mystical sense, if the spiritual mission of men is to take the physical world and elevate and reconnect it to God, then on an individual level, a righteous person’s possessions exist specifically to be elevated by that person.

Divrei Soferim (3) develops this further. From the most mundane material object to one’s marriage partner, one can feel a sense of attachment deep in their soul. The idea of a match made in heaven and soulmate, though of course in greater significance when it comes to marriage, seems to be from his point of view about every aspect of life. He interprets the principle that every Jew has four cubits in the land of Israel is not just an abstract, monetary or legal share in real estate, but a specific part of the land of Israel, which speaks to that person’s soul and is meant for him. He quotes a Gemara (Sotah 47a) which relates a discussion that the prophet Elisha had with inhabitants of a certain city in Israel. Even though the environment and climate was unhealthy, those particular people deliberately chose to remain there, because “the land was favorable in their eyes”. They were able to sense that this part of Israel was meant for them and they were meant for it.

It is a healthy psychological paradigm, to live life with the fullest sense of meaning and connection, without taking anything for granted. It is a bold idea. This is beyond emotional attachment to the people in your life, recognizing they are there as a resource, and you as a resource to them. This level of attachment even relates to animate and inanimate objects, to see them as part of a non-verbal dialogue and interaction. It is an invitation to experience the world as part of God’s dynamic relationship with you, and promotes presence and availability within yourself and toward others.