Shabbos Parashas Behar - 5774

Shabbos Parashas Behar - 5774

Rabbi Hal Miller

When you make a sale to your fellow or make a purchase from the hand of

your fellow, do not wrong one another. [Vayikra 25:14]

The Torah does not give us commands in a general sense. Each one has some

specific purpose. What, in this context, do we learn from "do not wrong one

another"?

Rashi defines it as "this is wronging monetarily." He explains that the simple

meaning is the intended one, that we may not gouge each other in a sale or

purchase of land, specifically with regard to valuation based on the number

of crops before the next Jubilee year, when the land must be returned to its

original owner.

The Talmud in Bava Metziah [56a] expands this, based on "make a purchase from

the hand of your fellow", to include transactions where the acquisition passes

hand-to-hand, in other words, movable goods. Ramban tries to explain this

difference from the plain meaning by splitting this verse between "make a

sale", and "make a purchase". He says that one covers land, the other covers

all non-land transactions. He backs this by analyzing the grammar, where part

is written in the plural and part in the singular, which he refers to the

plural of 'goods' and singular of 'land'.

Rav Moshe Feinstein asks why this command comes in the middle of the discussion

about Shemittah. He explains, "vigilance in avoiding unjust monetary practices

comes from faith that Hashem gives us our sustenance, and the realization that

if we would depend on our powers alone, we would be helpless."

Thus it appears that the Torah wants us to avoid cheating in a sale or

purchase, whether land or goods, in order that we will recognize that we owe

our lives to G-d, and not to our own efforts alone. But the verse does not

come in a vacuum.

Two verses later [25:17], we read, "And you shall not wrong one another, but

you shall fear your G-d, for I am Hashem your G-d." At first glance, this seems

to tell us exactly the same thing. If so, why does the Torah repeat itself?

The Mishnah [Bava Metzia 58b] says, "Just as there is wronging in buying and

selling, so there is wronging with words." Rashi says, "Here the Torah enjoins

us regarding verbal harassment, that one should not annoy his fellow nor give

him advice that is not appropriate for him, but is in accord with the mode of

life and the benefit of the advisor." Nechama Leibowitz defines it as "an

offense committed by speaking, though it is neither a false oath, nor evil

talk or slander. It is the kind of talk prevalent in day-to-day life, as if it

were legitimate." She lists examples from various sources such as the Gemora

in Berachos [5a] that prohibits showing interest in merchandise when one does

not intend to buy, as it misleads the vendor.

The Gemora in Bava Metzia tells us of the seriousness of this kind of speech.

"Wronging by words is a graver offense than overreaching in matters of money,

for the latter can be made good by restitution, but the former cannot."

Sefer HaChinuch, Mitzvah 338, explains that "Our Sages cautioned us about

this matter not to inflict pain on people by any means at all, nor to shame

them. We are permitted to answer a fool, from the fact that the Torah permitted

us, when someone comes stealthily breaking in, to act first and kill him. For

there can be no doubt that a man is not obligated to endure injuries from the

hand of his fellow-man, but rather has the right to save himself. Likewise

with words."

Whether with land or goods, with objects or words, we are not to cause harm to

our neighbor. This commandment is so serious that, should we do so, our

neighbor is entitled to act to prevent us from doing that harm, one of the few

places where the Torah allows someone to proactively "push back".