THE WOOD-CHOPPER'S SIN - MORE THAN MEETS THE EYE
Shelach
At the end of the Parsha, the Torah relates the episode of the Mekosheis Eitzim. This individual was found (by 2 witnesses) gathering sticks on Shabbos (having being warned beforehand) and then brought before Moshe to determine his punishment. The gathering of sticks constituted a violation of Shabbos either by harvesting or carrying. Rabbi Akiva identifies this individual as Tzelofchad, whose daughters later come to Moshe demanding that they be entitled to their father’s inheritance.
Tosfos in Bava Basra writes that chronologically, this event took place immediately after the incident of the spies. He then writes that Tzelofchad’s intentions were Lsheim Shamayim (for the sake of Heaven). It had just been decreed that Bnei Yisroel would not enter into Eretz Canaan but would instead wander and die in the desert for the next 40 years. Bnei Yisroel concluded that this being the case, they were no longer obligated to fulfill the Mitzvos. At this point Tzelofchad went and publicly violated Shabbos so that his subsequent execution may impress upon the people that the Mitzvos still apply in full force as they had prior to the sin of the spies.
This act of martyrdom is perplexing. How can one desecrate Shabbos (and effectively commit an act of suicide) purely to impress upon the people the importance of the Mitzvos?
In his Talmudic commentary, the Maharsha explains that in actuality, Tzelofchad did not desecrate Shabbos at all. One of the principals of the laws of Shabbos is that only Meleches Machsheves (calculated work) is biblically forbidden. According to Rabbi Shimon, this entails the requirement that the Melacha be performed for the purpose of the prohibited activity itself. The classic example is digging a hole that is forbidden as the Melacha of Boneh (building). Where the hole is dug to for the extraction of the earth as opposed to the fashioning of the hole itself, this would not constitute a biblical violation (albeit Rabinically forbidden).
In our case here, Tzleofchad did not carry out the Melacha of gathering the sticks for the forbidden purpose itself, but rather to impress upon the people the severity of disregarding the Mitzvos. Therefore, he had not biblically transgressed at all.
The Pnei Dovid explains that this was Moshe’s dilemma as to what must be done with him; On one hand his actions appeared to violate Shabbos, yet his intentions meant that no real violation had taken place. Yet Hashem told Moshe that Tzelofchad must be executed. Here the Torah teaches us how a Beis Din down here (who have been empowered by Hashem to judge their fellows) must operate. We live in a world of action. The witnesses saw an act of desecration and it was concerning this that they had to give testimony to Moshe. A human being who cannot discern the intention and wills of a person’s heart must judge the deed as we perceive it. Only Hashem, the true Judge can ultimately judge the intentions as well.
Therefore Tzelofchad did indeed act Lesheim Shamayim. He was innocent of desecrating Shabbos in the eyes of Hashem, yet his seeming desecration brought about his intention, that the importance and relevance of the Mitzvos would be reinforced. Having been found innocent by the Heavenly court, Tzelofchad acquired a portion in Olam Habo and left us with the powerful message that intentions are nice and worthy, but down here action is the main thing.
Tosfos in Bava Basra writes that chronologically, this event took place immediately after the incident of the spies. He then writes that Tzelofchad’s intentions were Lsheim Shamayim (for the sake of Heaven). It had just been decreed that Bnei Yisroel would not enter into Eretz Canaan but would instead wander and die in the desert for the next 40 years. Bnei Yisroel concluded that this being the case, they were no longer obligated to fulfill the Mitzvos. At this point Tzelofchad went and publicly violated Shabbos so that his subsequent execution may impress upon the people that the Mitzvos still apply in full force as they had prior to the sin of the spies.
This act of martyrdom is perplexing. How can one desecrate Shabbos (and effectively commit an act of suicide) purely to impress upon the people the importance of the Mitzvos?
In his Talmudic commentary, the Maharsha explains that in actuality, Tzelofchad did not desecrate Shabbos at all. One of the principals of the laws of Shabbos is that only Meleches Machsheves (calculated work) is biblically forbidden. According to Rabbi Shimon, this entails the requirement that the Melacha be performed for the purpose of the prohibited activity itself. The classic example is digging a hole that is forbidden as the Melacha of Boneh (building). Where the hole is dug to for the extraction of the earth as opposed to the fashioning of the hole itself, this would not constitute a biblical violation (albeit Rabinically forbidden).
In our case here, Tzleofchad did not carry out the Melacha of gathering the sticks for the forbidden purpose itself, but rather to impress upon the people the severity of disregarding the Mitzvos. Therefore, he had not biblically transgressed at all.
The Pnei Dovid explains that this was Moshe’s dilemma as to what must be done with him; On one hand his actions appeared to violate Shabbos, yet his intentions meant that no real violation had taken place. Yet Hashem told Moshe that Tzelofchad must be executed. Here the Torah teaches us how a Beis Din down here (who have been empowered by Hashem to judge their fellows) must operate. We live in a world of action. The witnesses saw an act of desecration and it was concerning this that they had to give testimony to Moshe. A human being who cannot discern the intention and wills of a person’s heart must judge the deed as we perceive it. Only Hashem, the true Judge can ultimately judge the intentions as well.
Therefore Tzelofchad did indeed act Lesheim Shamayim. He was innocent of desecrating Shabbos in the eyes of Hashem, yet his seeming desecration brought about his intention, that the importance and relevance of the Mitzvos would be reinforced. Having been found innocent by the Heavenly court, Tzelofchad acquired a portion in Olam Habo and left us with the powerful message that intentions are nice and worthy, but down here action is the main thing.