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Yeshivat Har Etzion

PARASHAT KI-TAVO

By Rav David Silverberg

            Parashat Ki-Tavo begins with the mitzva of bikurim, which requires that a farmer bring his first fruits to the kohen administering in the Beit Ha-mikdash and recite a special declaration.  The syntax of the introductory declaration to be made by the farmer has troubled numerous commentators: "Higadeti hayom le-Hashem Elokekha ki vati el ha-aretz asher nishba Hashem la-avoteinu latet lanu" (26:3).  This sentence literally translates as, "I have told the Lord your God this day that I have entered the land that the Lord had promised our forefathers to give us."  The obvious difficulty in this sentence involves the word higadeti – "I have told."  What does the farmer mean when he says that he has "told" God that he has entered the land?  This difficulty has given rise to alternate definitions of the word higadeti.  Most famously, perhaps, Targum Yonatan translates this word as "I give thanks and praise."  The farmer thus declares that he gives praise and thanks to the Almighty for bringing him to the land promised to the patriarchs.

            The Ketav Sofer suggests a different, particularly novel, reading of this verse.  He makes reference to the Rambam's comments in The Guide for the Perplexed, where he explains the purpose of bikurim as intended to foster a sense of control and restraint over one's physical instincts.  A farmer who has toiled and invested immense effort in cultivating the land and harvesting its produce is very eager to finally partake of the season's first fruits.  The Torah demands that he deny himself the first products of his labor and consecrate them to God, thereby training the farmer in the art of self-restraint.  This skill, as the Rambam discusses in several contexts, is necessary for a person to focus his attention, time and energies onto more meaningful and sublime pursuits, rather than focusing on physical and material pleasures and comforts.

            On the basis of this approach towards the mitzva of bikurim, the Ketav Sofer suggests an explanation for the aforementioned verse.  The farmer enters the Temple and declares that through his fulfillment of this mitzva, he "tells" – meaning, he expresses – the fact that he has "come into the land that the Lord had promised our forefathers to give us," that he perceives his life in Eretz Yisrael as his forefathers did.  As the Ramban notes in his commentary to a later verse (26:15), nowhere in God's promises to the three patriarchs does He describe the promised land as "a land flowing with milk and honey," an appellation that is used numerous times later in the Torah in reference to Eretz Yisrael.  Avraham, Yitzchak and Yaakov did not concern themselves with the delights and luxuries of the Land of Israel, and were content with the knowledge that this land is promised to their descendants insofar as it is the land chosen for them by the Almighty.  By bringing bikurim, denying himself the first of the land's produce, the farmer affirms that his perspective on the nation's existence in Eretz Yisrael is the same is that of the patriarchs, that he looks upon the soil he tills as "the land that the Lord had promised our forefathers."  He approaches the land not as a source of grain and sweet fruits, of wealth and luxury, but rather as an opportunity for Am Yisrael to actualize their spiritual potential and achieve the closest possible relationship with their Creator.

            According to the Ketav Sofer, then, the underlying purpose of bikurim is to reinforce the farmer's emotional and cognitive connection to his past, to the origins of our nation's existence in Eretz Yisrael.  Indeed, the mikra bikurim proclamation, presented by the Torah in the subsequent verses, briefly recalls the story of the Egyptian bondage, the Exodus, and Benei Yisrael's entry into the land.  As the nation works to cultivate and develop their country, they are obliged to never lose sight of their roots and the sacred purpose for which they are there.

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            Parashat Ki-Tavo presents the mitzva known as viduy ma'aserot, requiring one to verbally declare his compliance with the laws of terumot and ma'aserot.  As the Sifrei explains, each third and sixth years of the seven-year halakhic agricultural cycle, one must complete distributing all the various gifts and other tithes from his produce: teruma to the kohen, the required tithes to the poor and to the Levi, and ma'aser sheni and neta revai, which one eats himself in Jerusalem.  Any outstanding obligations in this regard must be attended to before Pesach of the third and sixth years of the seven-year cycle.  Upon completing the distribution of all the terumot and ma'aserot of the previous three years, one recites the text prescribed by the Torah (26:13-15), avowing his proper observance of these laws.

            The Minchat Chinukh (607) wonders why the Rishonim who list the 613 commandments designate only one entry in their lists for viduy ma'aser.  It would appear, the Minchat Chinukh contends, that this mitzva entails two distinct obligations: bi'ur, or ridding one's home of all outstanding terumot and ma'aserot, and viduy, reciting the text mentioned here in the Torah.  The obligation of bi'ur is spelled out very clearly earlier in Sefer Devarim, in Parashat Re'ei: "After every three years you shall bring out all the tithes of your grain, on that year…" (Devarim 14:28).  Why, the Minchat Chinukh asks, do the Rishonim count only the viduy declaration as a mitzva, without designating a separate mitzva for the obligation of bi'ur – to complete the tithing process every three years?

            The Chazon Ish (Demai 2:7) suggests a very simple answer for the Minchat Chinukh's question.  The obligation of bi'ur does not impose any new requirement upon the individual; it merely establishes the deadline for the various requirements of terumot and ma'aserot.  Bi'ur simply means that the required tithes – which are, indeed, listed among the 613 Biblical commands – must be distributed before Pesach of the third and sixth years.  The Rishonim did not list bi'ur as a separate mitzva for it is essentially just a detail relevant to the various obligations of terumot and ma'aserot.

            The Minchat Chinukh appears to have understood the bi'ur obligation differently, as an independent ritual of sorts, rather than merely a deadline for the distribution of terumot and ma'aserot.  This perspective finds expression in a different comment of the Minchat Chinukh, as well, concerning the halakha requiring that one destroy his outstanding ma'aser sheni produce as part of the bi'ur process (Masekhet Ma'aser Sheni 5:6).  According to the Minchat Chinukh, this is precisely the bi'ur obligation: to burn or otherwise destroy one's ma'aser sheni.  One who does not destroy this produce does not fulfill the mitzva of bi'ur.  The Chazon Ish, by contrast, explained this halakha to mean that if one failed to partake of his ma'aser sheni in Jerusalem before Pesach, as the obligation of ma'aser sheni requires, then he must destroy the produce.  This is not, according to the Chazon Ish, the mitzva of bi'ur.  To the contrary, bi'ur requires that one execute his responsibilities with regard to his ma'aser sheni (and other tithes) before Pesach.  A person burns the ma'aser sheni only if he failed to fulfill his obligation and did not partake of the ma'aser sheni in Jerusalem before the deadline.  In fact, according to the Chazon Ish, in a case when a person burns his ma'aser sheni because he failed to partake of it in Jerusalem before Pesach, he does not recite viduy ma'aser, since he cannot honestly attest to have satisfactorily observed all the laws of terumot and ma'aserot.

            Once again, it emerges that the Chazon Ish perceived bi'ur as simply the deadline for the performance of the various mitzvot concerning terumot and ma'aserot, whereas the Minchat Chinukh approached bi'ur as an independent mitzva, which entails a separate ritual of sorts, beyond the standard obligations of terumot and ma'aserot.

            Another manifestation of this debate concerns the application of the bi'ur obligation to women.  According to the Chazon Ish, of course, the obligation of bi'ur is essentially the obligation to separate terumot and ma'aserot, and thus it applies to both men and women, both of whom are included under the obligations of terumot and ma'aserot.  The Chazon Ish indeed makes this point explicitly.  The Minchat Chinukh, by contrast, deliberates as to whether bi'ur should be regarded as a time-bound obligation (mitzvat asei she-ha-zman gerama), in which case it would not pertain to women.  Once again, the Minchat Chinukh follows consistently his perspective on the obligation of bi'ur, as a separate mitzva independent of the obligations of terumot and ma'aserot.

(Based on a shiur by Rav Yossi Tzvi Rimon)

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            The first two sections of Parashat Ki-Tavo present two mitzvot involving proclamations one must make as part of the halakhic mandates governing the agricultural cycle.  The first of these mitzvot is mikra bikurim, the declaration made by a farmer when he brings the first of his fruits – the bikurim – to the kohen in the Beit Ha-mikdash.  The mikra bikurim proclamation briefly recounts the history of the Egyptian bondage and the Exodus, and concludes by acknowledging that it was God who brought the nation into Eretz Yisrael.  The second mitzva is called viduy ma'aser, which requires one to verbally affirm his fulfillment of the various obligations concerning terumot and ma'aserot (tithes).

            The juxtaposition of these two mitzvot underscores the obvious difference between them.  In mikra bikurim, as mentioned, the farmer speaks of the nation's origins and recognizes God's hand in saving them and bringing them to their land.  Mikra bikurim is a statement about Jewish history and destiny in very broad terms, connecting the Jew of the present with the Jews of the ancient past, and alluding to the unique mission for which Am Yisrael was brought into the land promised to their patriarchs.  Viduy ma'aser contrasts sharply with mikra bikurim in content and even tenor.  This is a far more detailed declaration, which specifies the various laws relevant to terumot and ma'aserot and focuses on the farmer's technical, halakhic responsibilities.  As opposed to mikra bikurim, viduy ma'aser does not address broad issues such as the history and religious destiny of the Jewish people; instead, it deals with the more technical religious concerns of the observant farmer.

            It would seem that these two declarations reflect the two different levels of religious awareness and experience that the Torah demands of the Jewish farmer.  The first, represented by mikra bikurim, is the general sense of purpose and mission, a deep-seated sense of connection with the history of the Jewish people, the Land of Israel, and the personalities of Avraham, Yitzchak and Yaakov.  But Judaism demands more than a general awareness and commitment to the nation and its past and homeland; it requires as well a commitment to the particulars of Halakha.  The farmer proclaims not only mikra bikurim, avowing his overall sense of Jewish identity and awareness, but also viduy ma'aser, in which he affirms his compliance with the detailed laws governing the agricultural process.

            Thus, the two declarations of the opening section of Parashat Ki-Tavo represent the two levels of religious responsibility with which the Torah charges us: a general sense of identity and national duty, and a commitment to the minute particulars of the mitzvot, down to their last detail.

(Based on a devar Torah by Rabbi Yosef Blau)

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            The opening section of Parashat Ki-Tavo discusses the mitzva of bikurim, which requires a farmer to bring his first fruits to the Temple and give them to a kohen.  The final verse of this section reads, "You shall rejoice in all the goodness that the Lord your God has given you and your household" (26:11).  Rashi, based on the Gemara in Masekhet Pesachim (36b), explains this verse as establishing the time of year when one may bring bikurim and recite the mikra bikurim declaration: "Mikra bikurim is recited only at a time of joy – from Shavuot to Sukkot, when a person collects his grain, fruits, wine and oil.  But after Sukkot, one brings [bikurim] but does not recite [mikra bikurim]."  The Torah's reference to rejoicing in the context of bikurim indicates that this mitzva applies specifically during the agricultural season when one experiences joy and satisfaction, namely, when he reaps the fruits of his labor and can finally enjoy the results of his many months of work.  If one brings bikurim after this season, the mitzva is incomplete, and he therefore cannot recite the mikra bikurim declaration.

            Rav Yerucham Lebovitz of Mir elaborated on this condition for the complete fulfillment of this mitzva, arguing that this constitutes not merely a technicality within the laws of bikurim, but rather an integral component of this mitzva's primary theme.  As Rashi writes (26:3), bringing bikurim serves to express one's gratitude and appreciation for the gift of Eretz Yisrael, for the opportunity to live in and cultivate the "land that the Lord has promised to our forefathers to give us" (26:3).  Expressing gratitude requires expressing joy.  If a person thanks his fellow for a favor or a gift, the expression of gratitude is incomplete unless he conveys his sincere joy over that which he has received.  It is only natural, then, that the Torah requires bringing bikurim during the joyous season, for only in this aura of contentment and delight can one truly express his gratitude to the Almighty.

            Rav Yerucham cites in this context a passage in Rashi's commentary to Parashat Devarim (2:7).  Moshe recalls that God had ordered Benei Yisrael to refrain from initiating hostilities against the nation of Edom as they passed near the Edomite region, and, to the contrary, that they should patronize the Edomite merchants whom they encounter during travel.  God then adds, "For the Lord your God has blessed you in all your handiwork… For forty years now, the Lord your God has been with you; you have lacked nothing."  To explain the relevance of this verse to the context of Benei Yisrael's treatment of Edom, Rashi explains, "For the Lord your God has blessed you – therefore, do not be ungrateful to Him by appearing as if you are poor; rather, give yourselves the appearance of being wealthy."  Benei Yisrael are urged to spend their money freely as they pass near the Edomite border, rather than acting as though they are poor, and spending frugally.  Since God has blessed them and cared for all their needs in the wilderness, giving the appearance of poverty would amount to an expression of ingratitude towards God's kindness.

            Here, too, Rav Yerucham explains, gratefulness must be expressed through an outward appearance of contentment.  A person who does not feel content, who bemoans his lot and lives with a constant sense of material deprivation and inadequacy, is being ungrateful for the many blessings that God has bestowed upon him.  The Torah demands that one "rejoice in all the goodness that the Lord your God has given you and your household," that a person feel grateful and appreciative for all the blessings in his life, rather than focusing his attention on that which he still desires.

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            Towards the beginning of Parashat Ki-Tavo, the Torah introduces the mitzva of viduy ma'aser, requiring that one verbally declare every three years that he has complied with all the obligations concerning terumot u-ma'aserot, the various tithes one must separate from his produce.  This declaration specifies several details relevant to terumot u-ma'aserot, with the farmer affirming his compliance with all these details.  Finally, he declares, "Asiti ke-khol asher tzivitani" – "I have done all that You have commanded me" (26:14).  The Sifrei explains this to mean, "I have rejoiced and caused others to rejoice in it" ("Samachti ve-simachti bo").  Apparently, according to the Sifrei, the laws of terumot u-ma'aserot entail an obligation to "rejoice" and "cause others to rejoice," and one must therefore include a reference to this requirement, too, when avowing his compliance with the laws of terumot u-ma'aserot.  What exactly is this obligation of "joy" in the context of terumot u-ma'aserot?

            The Rambam cites this passage from the Sifrei in his discussion of viduy ma'aser (Hilkhot Ma'aser Sheni 11:15), and adds, "as it says, 'You shall rejoice in all the goodness that the Lord your God has given you'."  This verse, which the Rambam cites in conjunction with the "joy" referred to in viduy ma'aser, appears earlier in our parasha, in the context of bikurim (26:11).  Apparently, the Rambam understood that the "joy" referred to in viduy ma'aser is the joy required when bringing bikurim.  The farmer affirms that he not only separated all the required tithes and other gifts, but also experienced joy when he offered bikurim, as the Torah demands.  It should be noted that the Sifrei speaks not only of personal rejoicing, but also of causing others to rejoice.  According to the Rambam, it would seem, the obligation of bikurim requires sharing one's fruits with those in need so that they can share in his celebration over his new fruits.  Indeed, Ibn Ezra writes explicitly (27:11) that in conjunction with the obligation of bikurim one must share his crop with the poor.

            The Malbim, by contrast, explains this comment in the Sifrei as referring to a verse earlier in Sefer Devarim (14:26), in Parashat Re'ei, regarding the mitzva of ma'aser sheni, which requires that one bring a percentage of his produce to Jerusalem and partake of it there.  The Torah writes in the context of this mitzva, "Ve-samachta ata u-veitekha" ("You shall rejoice – you and your household").  According to the Malbim, there is a specific obligation to not only partake of ma'aser sheni produce in Jerusalem, but to do so with a sense of enthusiasm, rather than out of merely a sense of duty with eager anticipation to the return home.  Thus, as part of the viduy ma'aser declaration, one affirms that he not only complied with the technical requirements of terumot u-ma'aserot, but also did so with joy and excitement, and ensured that his family members likewise enjoyed the experience of ma'aser sheni.  This, according to the Malbim, is to what the Sifrei refers when it says, "I rejoiced and caused others to rejoice": one must rejoice when partaking of his ma'aser sheni, and he must ensure that his family members rejoice, as well.

            Rav Avraham Yitzchak Sorotzkin, in his Rinat Yitzchak, explains this passage in the Sifrei along similar lines, only with a slight modification.  He notes that the Sifrei itself, in Parashat Re'ei (commenting to 14:27), indicates that one must share his ma'aser sheni produce in Jerusalem with the Levi'im, who did not receive agricultural land in Eretz Yisrael and were supported by the rest of the people.  Accordingly, the requirement to "cause others to rejoice" might refer not to one's household, as the Malbim explained, but rather to the Levites and other poor members of society.  It would thus emerge that Halakha requires sharing of one's ma'aser sheni produce with the underprivileged.

            This notion, of an obligation to share one's ma'aser sheni with the poor when partaking of it in Jerusalem, brings to mind the Rambam's famous comments in Hilkhot Yom Tov (6:18) regarding the mitzva to rejoice on Yom Tov.  The Rambam writes that this mitzva includes an obligation to share one's food and drink with the underprivileged, adding that if one celebrates Yom Tov only by rejoicing with his family, without sharing with those in need, "this is not the joy of mitzva, but rather the joy of his belly."  According to what we have seen, the mitzva of ma'aser sheni closely resembles the mitzva of simchat Yom Tov as envisioned by the Rambam.  The Torah in Parashat Re'ei describes the ma'aser sheni pilgrimage as a festive event, emphasizing that if one chooses to sell his produce and bring the money to Jerusalem, rather than bringing the actual produce, he should use the money to purchase "cattle and sheep, wine and intoxicating drinks, and everything your soul desires" (14:26).  It then adds, "you shall eat there before the Lord your God, and you shall rejoice, you and your household."  But like on Yom Tov, a person cannot be said to rejoice and celebrate unless he includes the less fortunate, if he fails to share of his blessings with those who still await their blessings.  Therefore, like on Yom Tov, a person who brings his ma'aser sheni to Jerusalem to celebrate must share the produce or funds with the poor and the underprivileged, so that he can experience "the joy of a mitzva," and not merely "the joy of his belly."

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            Towards the end of Parashat Ki-Tavo, Moshe tells Benei Yisrael, "You saw what the Lord did before your eyes in the land of Egypt, to Pharaoh, all his subjects and his entire country… But the Lord has not given you the heart [or 'mind'] to understand, the eyes to see, or the ears to listen, until this day" (29:1-3).  What happened on "this day" that indicated to Moshe that Benei Yisrael were now given "the heart to understand, the eyes to see, and the ears to listen"?

            Rashi records an interpretation he heard that on that day, when, as we read a bit later (31:9), Moshe gave the first complete copy of the Torah to the tribe of Levi, Benei Yisrael objected: "We, too, stood at Sinai and accepted the Torah, and it was given to us.  Why do you grant your tribe [Levi] authority over it, such that they will later say, 'It was not given to you – it was given [only] to us!'"  Moshe felt gratified over the people's zealous reaction, which reflected the immense value they afforded the Torah and their desire to be part of it.  Although they erred in objecting to the concept of an elite, scholarly class, a group of rabbinic leaders assigned the task of studying, interpreting and applying God's law, their protest expressed the importance with which they approached Torah learning and observance.  Thus, it was on this day when Moshe detected within the people a "heart to understand, eyes to see, and ears to listen."

            The obvious question arises, what unique "understanding" is reflected by the nation's expression of love for the Torah?  This verse appears to point not to an achievement of loyalty or devotion, but rather to a certain realization that they had not come upon earlier.  What did the people suddenly "understand, see and listen" on this day that led them to fear the consequences of Moshe's handing the Torah scroll to the tribe of Levi?

            The simple answer, perhaps, is that the realization of the importance of Torah is itself a significant level of "understanding."  Moshe might be saying that until now, the people did not regard Torah as the central purpose of their lives; until this day, they would not necessarily have reacted with such vehemence had the concern arose that the tribe Levi would exclude them from the Torah.  Their insistence on being included, and their fears lest the Levites claim exclusive privileges over the Torah, reflected a newfound understanding of the importance, value and centrality of Torah.

            We might suggest an additional explanation for the "understanding" that Moshe now sensed among the people.  Benei Yisrael here expressed their desire to become like the tribe of Levi; they wished that they, too, could receive no agricultural territory and devote all their time and energies to the study and instruction of Torah.  Moshe detected within this desire a fresh perspective on the nation's entry into and settlement of Eretz Yisrael.  The widespread desire to live a Levites' existence in the land indicated to Moshe that the people no longer looked to Eretz Yisrael only as "a land flowing with milk and honey," as simply a place where they could once and for all build a prosperous nation.  They now saw their destiny in strictly spiritual terms, finally understanding that their conquest and settlement of their homeland differs fundamentally from the conquest and settlement of other lands by other peoples.  Finally, after forty years of desert life, they understood that they are entering Eretz Yisrael to serve the Almighty and to build a nation that would embody and represent the laws and values of His Torah.

            This approach might explain the relevance of the subsequent verses: "I led you for forty years in the wilderness – your clothing did not wear off you, and your shoes did not wear off your feet.  You ate no bread and you drank no alcoholic beverage – so that you know that I am the Lord your God" (29:4-5).  The experience in the wilderness, whereby Benei Yisrael were fed and sustained through God's overt and miraculous intervention, which served to demonstrate that "I am the Lord your God," cultivated a deep-seated awareness of divine providence and God's ultimate control over man's life.  This naturally led them to the realization that their ultimate goal in Eretz Yisrael was not to work the land and attain wealth, but rather to serve their Creator and thereby be deserving of His blessings.

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            Parashat Ki-Tavo begins with the mitzva of bikurim, requiring a farmer each year to bring the first fruits that ripen to the Temple as a gift to the kohen.  Upon bringing his bikurim, the farmer recites the mikra bikurim declaration, in which he briefly recounts Benei Yisrael's humble beginnings as slaves in Egypt, from where God ultimately freed them through His supernatural intervention and brought them into the Land of Israel.

            The Midrash Tanchuma comments in the context of bikurim, "Moshe foresaw through ru'ach ha'kodesh [prophetic insight] that the Temple would one day be destroyed and the bikurim would be discontinued.  He [therefore] arose and instituted that [the people of] Israel should pray three times each day."  According to the Midrash Tanchuma, the order of daily prayers serves as a substitute, of sorts, for bikurim; Moshe established the three daily prayers to take the place of the mitzva of bikurim.

            Wherein lies the point of similarity between bikurim and prayer?  How can prayer function as a "substitute" for bikurim?

            Rav Baruch Yitzchak Yissachar Leventhal, in his Birkat Yitzchak (Jerusalem, 1946), suggests an explanation that perhaps provides some insight into at least one aspect of the experience of prayer.  The content of mikra bikurim, which, as mentioned, tells of Am Yisrael's humble beginnings in Egypt, likely reflects the primary purpose of this mitzva: to avoid the instinctive sense of pride and self-sufficiency that one often feels upon reaping the fruits of his labor.  A farmer instinctively credits himself for his success, looking upon his yield as an indication of his skill and discipline.  The Torah therefore demands that he offer his very first products to God – represented by the kohen – as an expression of his acknowledgment of God as the ultimate master over the field and its crop.  The land and its produce essentially belong to God, as it is He who provided the rainfall, maintained the quality of the soil, and kept away harmful insects.  The mitzva of bikurim is thus intended to guard against the feeling of "my strength and the power of my hand has made for me this fortune" (Devarim 8:17).

            From the Midrash Tanchuma it appears that prayer is to serve this function nowadays, in the absence of bikurim.  The experience of standing before and speaking to the Almighty has the effect of reminding an individual of his existential state of powerlessness and dependence.  Moshe required that we pray three times each day as a regular reminder that nothing we do can succeed without God's assistance.  At all times, we must beseech Him and invoke His compassion for even our most basic necessities.

            For good reason, as Rav Chayim of Brisk famously asserted, one does not fulfill his obligation of tefila unless he remains aware throughout his shemona esrei recitation that he stands before the Almighty.  Concentration on the meaning of the words is necessary to fulfill one's obligation only during the first berakha of the amida; but the second level of concentration, the awareness that one stands before God, is indispensable for the entirety of the prayer.  Tefila means not only the recitation of words, but also an encounter with one's Benefactor in heaven, and it is intended to remind the individual of his benefactor-beneficiary relationship with God.  In the absence of bikurim, our daily prayers serve to help us avoid the sense of "my strength and the power of my hand has made for me this fortune," by reinforcing our recognition of God's indispensable role in all our successes and achievements.