[Avodah] Halakhah and compulsion

Fri Jun 20 11:21:29 PDT 2008

I wrote a number of times on the subject of compelling to comply to
halakhah at a time when most aren't, the role of BD in such a situation,
etc... I even suggested the reason the Sanhedrin exiled itself was so
as to avoid being required to corporally punish a popularion that didn't
accept its givens. Beyond just trying to avoid being a blood court. This
required an argument (that REMT disagreed with) based on examples of where
"dinei nefashos" was used to include makkos (lashes). Which admittedly
isn't necessarily the sense intended when discussing the Sanhedrin moving
from the Temple grounds to the storefronts right outside them.

Here is RUAmital had to say on the subject of compulsion and whether we
ought to try for a halachic state today.

-micha

----- Forwarded message from Yeshivat Har Etzion <office at etzion.org.il> -----
Date: Fri, 20 Jun 2008 18:11:03 +0300
From: Yeshivat Har Etzion <office at etzion.org.il>
Subject: SICHOT68 -36: Parashat Shelach
To: yhe-sichot at etzion.org.il
Reply-To: Yeshivat Har Etzion <office at etzion.org.il>

                         YESHIVAT HAR ETZION
             ISRAEL KOSCHITZKY VIRTUAL BEIT MIDRASH (VBM)

          STUDENT SUMMARIES OF SICHOT OF THE ROSHEI YESHIVA

                          Parashat SHELACH
                SICHA OF HARAV YEHUDA AMITAL SHLIT"A

                         An Unready Generation
                       Summarized by Shaul Barth
                       Translated by Kaeren Fish

As we know, there is a significant discrepancy between the story of the
spies as recorded in our parasha and the narrative as recounted in Sefer
Devarim. Our parasha tells us that "God said to Moshe: 'Send for yourself
men...' and Moshe sent them" (Bamidbar 13:2-3). A simple reading suggests
that Moshe does this willingly. Sefer Devarim, on the other hand, presents
the initiative as arising from the nation, with Moshe acquiescing to
their desire: "You all came to me and you said, 'Let us send men before
us...' And the matter was good in my eyes" (Devarim 1:22-23).

Beyond the contradiction in the verses themselves, there is a further
problem. Commenting on our parasha, the Sages (Sota 34b) teach that Moshe
changes the name of his aide Hoshe'a to "Yehoshua" (13:16), to express
his hope: "May God save you (yoshiakha) from the counsel of the spies!"
If Moshe is fearful that the spies will exert a negative influence,
why does he agree to send them in the first place?

One further question: on Yom Kippur, prior to the Ne'ila prayer, we
repeat three times God's words, "God said: 'I have forgiven as you
have spoken'" (Bamidbar 14:20). However, if we examine the verses in
our parasha, we find that after God says this, He goes on (ibid., vv.
21-23) to decree that the entire generation will die in the wilderness!
What is the meaning of "I have forgiven," if it is followed by a death
sentence for the entire generation?

It seems that Moshe does indeed agree to send the spies, and to some
degree he may even initiate the idea; nevertheless, he is aware of the
dangers involved. Many commentators suggest that the request on the
part of the nation to send spies arises from their desire to move from a
situation of overt Divine guidance -- the manna, the well, the protective
clouds -- to a natural way of life, suited to life in the Land of Israel.
Moshe agrees with them: after all, in Eretz Yisra'el they will start to
live an earthly existence, with God's guidance hidden in more natural
garb. Nevertheless, he harbors doubts as to whether the nation has yet
achieved a level that will make them worthy of such a reality. Therefore,
he agrees to send the spies -- but he is still wary of the report that
the spies may produce. Ultimately, his concerns prove to be justified.

 From this we learn that what we need to do is not always what ideally
should be done; it is not always the ideal situation. Rather, we need
to ask ourselves whether we are on a sufficient level to merit doing
what we propose. Rav Yo'el Bin-Nun was once discussing the rebuilding
of the Temple with a certain rabbi, and he said that he hoped that we
would be worthy of it. The rabbi replied, "Worthy? But it's a mitzva!"
What that rabbi failed to understand is that one has to be on a certain
level in order to merit performing a mitzva. If one has not yet achieved
that level, then performance of the mitzva is not worthwhile, and may
even be detrimental.

In 19^th -century Poland, there was a debate among religious Zionist
leaders. Rav Shemu'el Mohliver wanted to re-establish the Temple, but
Rav Yisra'el Yehoshua of Kutno told him that just building it would
not help: the public, Am Yisra'el (the Jewish nation), in its present
state, would not come to offer sacrifices. Rav Mohliver answered that
this would not matter: individuals could offer sacrifices on behalf of
the entire nation, thereby restoring the practice to its former glory.
The Keli Chemda (Rav Me'ir Dan Plotzky of Ostrava) cites this discussion
and concludes that Rav Mohliver did not understand Rav Yehoshua's reply.
What Rav Yehoshua was trying to say was that if Am Yisra'el is not on
the level of wanting to bring communal sacrifices, then having a Temple
will not help. The technical act of offering a sacrifice is of no benefit
if the nation itself is not on the level to offer sacrifices.

Rav Kook, in Part I of his Letters (20), explains that sometimes, when
God sees that Am Yisrael is not worthy of a certain matter, He creates
a situation where, technically, it is beyond the realm of possibility.
To the extent that the nation's power or level is deficient, so its
capability is lacking, and this lack of ability testifies to God's
Will in this regard. Rav Kook goes on to explain that one of the ways
in which God does this is through the nation's incapacity to accept the
matter; citing the law of tokhacha (rebuke) that "it is a mitzva not to
say words that will not be listened to" (Yevamot 65b), he teaches that
sometimes the nation is not ready for a certain thing, and therefore
this matter "will not be listened to" by the nation. This phenomenon in
itself shows that God does not yet want this thing to come about because
the generation is not yet worthy of it. Such obstacles are evidence of
God's supreme Will at such times.

For this same reason, God tells Moshe that although He has forgiven
Am Yisra'el, this entire generation must still die in the desert.
Although they will not be punished for their sin, they have shown that
they are not on a sufficiently high spiritual level to enter the land
and to live under "natural" conditions. Thus, there is no choice but to
let them die off in the desert and to look to the next generation. This
is not a punishment, but rather the reflection of the fact that they are
not worthy (in themselves, as shown by their sin) of entering the land.

There are many people today who talk about a "halakhic state" -- a state
that would operate in accordance with Torah law. However, the fact that
today such an idea is unacceptable to the public means, de facto, that
we cannot merit this form of rule, and God does not want us to behave
in this way at this time. Rather, we must first work on repairing things
that come first -- in our private lives, as well as in our national life.

(This sicha was delivered at Se'uda Shelishit on Shabbat Parashat Shelach
5765 [2005].)