<div dir="ltr">RLK: I had initially wanted to write about the responsibility that the nation had to prevent the Mekalel but looking through some sources, I ended up with the exact opposite conclusion.....This is man who comes from a broken family,
who was pushed around by the people he considered the members of his
Tribe and was provoked further by another individual. Yet ultimately he
alone is responsible for his actions and must take full responsibility
for them.<br><br>I'm not sure the two conclusions are mutually exclusive. Yes, the mekallel is clearly responsible for his own actions, to the point of being chayav mitah, and cannot claim leniency because he was provoked. But that doesn't mean that he wasn't provoked!<br>
<br>Rashi, following the midrash, says that he was mitgayer. Not clear what the halachic significance of this is - possibilities among the mefarshim include that matrilineal descent did not kick in until after Matan Torah, or that he chose to identify with his mother's people rather than his father's. It may also hint that he has in some ways the status of a ger. Like the ger, he has no tribal affiliation, and when they come into Eretz K'naan, no nachalah.<br>
<br>Having chosen to be part of the Jewish people - he finds himself rejected. He has, literally,
nowhere to pitch his tent. And it's not that the men of Dan are
unreasonably bigoted - their position is upheld in beit din. One can
imagine the despair and disillusionment that would provoke him to
blasphemy.<br>
<br>The Torah is not always "fair." For example, as we saw earlier in
the parsha, a kohen with a physical disability, acquired through no
fault of his own, is excluded from service in the Beit Hamikdash. And a
mamzer cannot marry almost anyone - because of a sin committed by his
parents before he was born. (The midrash states that the mekallel's mother, Shlomit, was a married woman who was raped by an Egyptian overseer. While halachically he is not a mamzer - because his father was not Jewish - the midrash does say that he is similar to a mamzer. Perhaps another hint that this is a person born a severe halachic disadvantage.)<br>
<br>Of course, no matter how great the difficulty, the Torah clearly
limits "free expression." As we see in the book of Job, one can cry and
one can question. As we see in the stories of Bnot Tzlofchad and Pesach Sheni - one can even approach Moshe Rabbeinu and complain that the Torah isn't fair. (It's interesting that both in those stories and in this one, a specific she'elah is asked of HKBH.) But blasphemy, even when amply provoked, carries the
death penalty. As RLK points out, the mekallel is 100% responsible for his actions.<br><br>But does that mean that we shouldn't understand the pain of those who feel excluded - by the Torah
- from the privileges of membership in the Jewish community? The ger, and his descendents, have no nachalah in Eretz Yisrael. Yet in many places - including the continuation of this parsha - the Torah emphasizes that the
"ger and the ezrach" are equally part of the Jewish people. The Torah commands us - clearly,
specifically, and repeatedly - not to cause the ger pain, to include him
in our celebrations, and to love him like ourselves. It seems to me that when b'nei Dan asked the mekallel "what are you doing here" - knowing full well he had no other place to go - they were at least coming close to ona'at devarim?<br>
<br>- Ilana<br>
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