Parshat Mishpatim-what is the function of the ‘peshat’?

(dedicated in memory of Dayan Gershon Lopian zal of London UK whose yahrzeit falls on 29th Shevat)

As is well known there are 4 levels of Torah analysis; peshat, remez, drush and sod.

Rabbi Isaac Bernstein zal quotes 2 examples from this week’s parsha which highlight both the function of the ‘peshat’ and the difference between ‘peshat’ and halacha, especially when peshat seems to contradict the accepted halacha, as found in Chazal.

a)

יט  רֵאשִׁית, בִּכּוּרֵי אַדְמָתְךָ, תָּבִיא, בֵּית יְהוָה אֱלֹהֶיךָ; לֹא-תְבַשֵּׁל גְּדִי, בַּחֲלֵב אִמּוֹ.  {פ}

19 The choicest first-fruits of thy land thou shalt bring into the house of the LORD thy God. Thou shalt not seethe a kid in its mother's milk. {P}

The laws of milk and meat are derived from this verse which appears 3 times in the Torah. The Rabbis explain that one verse teaches the prohibition to eat the mixture, one verse for the making of the mixture and the third verse to forbid having benefit from the milk/meat mixture.

If we are clearly dealing  here with one of the main laws of kosher food production, we can ask the obvious question. Why is this whole derivation not found together with other laws of kashrut, either in parshat Shemini or parshat Re’eh, where the kosher laws are enumerated?

The Seforno answers with an amazing insight.

לא תבשל גדי בחלב אמו לא תעשה כמו אלה הפעולות להרבות הפירות כמחשבת עובדי עבודה זרה, אלא ראשית בכורי אדמתך תביא, כאמרו וראשית כל בכורי כל, וכל תרומת כל וגו', להניח ברכה אל ביתך:

לא תבשל גדי בחלב אמו, do not practice these procedures which the idolaters believe are apt to improve the earth’s productivity. But, on the contrary, ראשית בכורי אדמתך תביא, if you really want to attract G’d’s blessing on your agricultural endeavours you will present G’d with a gift of the very first and finest of your respective crops. (compare Ezekiel 44,30 וראשית בכורי כל, וכל תרומת כל,...להניח ברכה אל ביתך, “all the choice first fruits of every kind, and all the gifts of every kind,- of all your contributions,- shall go to the priests,,,that a blessing may rest upon your home.”

----------------------------------------------

The answer to this question has to be that the verse above is not directly discussing a law of kashrut, which is why it is not in the parshiot dealing with kosher laws. However we can then speculate as to what this verse is really about and what is the essence of the laws of milk and meat? Rabbi Bernstein quotes a response from Rabbi Pinchas of Koritz (a similar discussion is found in the writings of Rabbi Mendel Kasher zal). He explains that, based on the above Seforno, in essence, the mixing of milk and meat is a prohibition in the laws of idolatry. This is derived from the context of the above verse. The pasuk begins with bringing first fruits to the Temple. How do we ensure that the fruits grow to the best of their capacity? The answer is not to do what the idolaters do, which is to take a mixture of milk and meat and spread it on their fields, in the act of worshipping the idol which they carry out by spreading the milk/meat mixture on the fields. This is an idolatrous practice which the Torah forbids to the point where one cannot even benefit from the mixture, which is not true of a mixture which is not kosher (e.g.’pig stew’) which is not forbidden in terms of benefitting, by feeding  it to one’s animal. Furthermore the next time this verse appears ( in  parshat Ki Tisa), it is followed by the law of Pesach, and especially the prohibition to eat chametz, which is both forbidden to eat or even benefit from. Also the law of annulment does  apply to  chametz, as with the law of an idolatrous item/mixture, which is also able to be annulled by the idolator. This suggests also that the law of milk and meat is a law of idolatry and not of forbidden foods, such as found in Parshiot of Shemini/Re’eh.(For further treatment of the Chametz insight see Hagada Shelemah by R' Mendel Kasher zal)

From here we learn the essence of the law of milk and meat, which is about the prevailing pagan culture in Israel in ancient days. This is not necessarily a halachic analysis, but it shows us the essence of the law, and this is the true function of peshat. It is not giving us the halacha, but is helping us to understand the source of the law and its foundation, which in the case of milk and meat is in idolatrous practices of the pagan world.

b)

כד  אִם-כֶּסֶף תַּלְוֶה אֶת-עַמִּי, אֶת-הֶעָנִי עִמָּךְ--לֹא-תִהְיֶה לוֹ, כְּנֹשֶׁה; לֹא-תְשִׂימוּן עָלָיו, נֶשֶׁךְ.

24 If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest.

Rashi comments:

אם כסף תלוה את עמי. רַבִּי יִשְׁמָעֵאל אוֹמֵר כָּל אִם וְאִם שֶׁבַּתּוֹרָה רְשׁוּת חוּץ מִשְּׁלֹשָׁה, וְזֶה אֶחָד מֵהֶן (מכילתא):

אם כסף תלוה את עמי IF THOU LEND MONEY TO ANY OF MY PEOPLE — R. Jishmael said: wherever אם occurs in Scripture it is used of an act the performance of which is optional, except in three instances, of which this is one (Mekhilta d'Rabbi Yishmael 22:24:1; cf. Rashi on Exodus 20:22 - the translation therefore is: “When thou lendest etc.”).

Rashi makes a similar comment at the end of parshat Yitro and explains the other cases where the word  אם (normally translated as ‘if’) is to be understood as an obligation and not an optional mitzvah. However we may again ask why the Torah presents this mitzvah as an optional act when in fact it is a requirement? What is the peshat here?

The Maharal answers that the Torah is concerned that even if this mitzvah is obligatory it should not be performed purely out of obligation, with no sense of empathy for the person receiving the money. The giver must feel that he/she should want to do this mitzvah as well as being obliged to do it, whether you want to or not.’ Do chessed in a way of chessed’.This gets to the heart of the peshat as to how the mitzvah should be done and the effect that it is meant to have. (See also: Ohr Hachaim for a different answer explaining the peshat of the pasuk).

From these 2 examples we can see that peshat and drush/halacha can go in very separate ways and each approach is valid in gaining a deeper understanding into the beautiful actions which we are encouraged to do as Jews, by knowing both the halacha and the essence of the mitzvah. May we always have this understanding in all our acts of observance and become closer to God as a result. “Open my eyes, and I will see the wonders of Your Torah”.

Shabbat Shalom

Rabbi Ian Shaffer                    Cherry Hill NJ/SCW