Parashas Re'eh: Hashem's Kindness Toward Misguided Piety

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Artwork: Painting of a Ewe and Her Lamb, by Niki Sawyer

Parashas Re'eh: Hashem's Kindness Toward Misguided Piety

Moshe Rabbeinu instructs Bnei Yisrael regarding the korbanos (sacrifices) they will begin to bring after conquering Eretz Yisrael (the Land of Israel) and building the Beis ha'Mikdash (Holy Temple). He informs them that once the Beis ha'Mikdash is built, it will become prohibited to bring korbanos in any other location:

Beware for yourself lest you bring up your burnt-sacrifices in any place that you see. Rather, only in the place that Hashem will choose, among one of your tribes, there shall you bring up your burnt-sacrifices, and there shall you do all that I command you. (Devarim 12:15-16)

Moshe Rabbeinu then goes on to qualify this statement:

However, in your soul's desire you may slaughter and eat meat, according to the blessing that Hashem, your God, will have given you in all your cities; the [ritually] impure one and the pure one may eat it, like the deer and the hart. (ibid. 12:17)

Rashi (ad loc.) notes that at first glance it would seem that this pasuk is talking about basar taavah (lit. "meat of desire") - that is, the meat of non-sanctified, non-sacrificed, everyday animals which we are permitted to eat outside of the Beis ha'Mikdash. In other words, it would seem that the pasuk is teaching us a categorical exception to the aforementioned rule that we may only slaughter animals in the Beis ha'Mikdash. In general we may only slaughter animals as part of the avodah (divine service) in the Beis ha'Mikdash; however, we may also slaughter animals outside of the context of avodah in order to satisfy our desire for meat. 

The problem with this interpretation is that the Torah's discussion of basar taavah doesn't occur until four pesukim later. There the Torah spells out the full heter (license) to slaughter animals for the purposes of basar taavah. Thus, if our pasuk is actually talking about basar taavah, then it would have been grouped with the other pesukim on the subject instead of being appended to a discussion about kodshim (animals that have been designated as sanctified for sacrificial purposes) in the Beis ha'Mikdash. 

What, then, is our pasuk talking about? Rashi explains:

So what is this pasuk speaking about? It is referring to kodshim that subsequently become blemished [and unfit for use as a korban]. [This teaches us] that they are to be redeemed (i.e. replaced by their equivalent value in money) and that they may then be eaten anywhere.

For instance, if I designate a sheep as a korban, it becomes kodesh, and is henceforth subject to me'ilah (the prohibition against deriving any personal benefit from the animal, e.g. eating its meat for one's own personal pleasure). If that sheep subsequently becomes blemished (e.g. it's eye gets poked out), then it is no longer fit to be brought as a korban. One might think that it would still be subject to the prohibition of meilah. Our pasuk comes to teach us that we are permitted to eat the animal's meat after we redeem the korban by paying its monetary value. 

The Sefer ha'Chinuch (Mitzvah #441) provides an interesting explanation for this mitzvah:

It was an act of chesed (kindness) for God to permit us to derive benefit from a sacrificial animal after it becomes blemished. Even though it was already set aside as kodesh, and the force of the shem shamayim (name of heaven) became attached to it, Hashem is righteous, and He acted righteously with His creatures; He lightens the scepter of His Kingship and His Exaltedness and is not exceedingly strict with them, saying, "Do not touch the kodesh, since it was Mine, if even for a moment!" 

Not only that, but He extended His kindness even further by obligating us [in the consumption of blemished korbanos] with a positive commandment. For if He had left this matter up to our own choice alone, perhaps someone might be reluctant, mi'derech chasidus (by way of piety), to touch them. However, since there is a fulfillment of a mitzvah in the matter, the person will not experience any worry. It is for this reason that the pasuk gave a broad elucidation, saying, "he [ritually] impure one and the pure one may eat it, like the deer and the hart" - in other words, the status of kedushah can never take effect on them; in other words, you should eat it without any worry.

The Sefer ha'Chinuch makes three points:

1. In a midas ha'din (strict justice) framework, even a blemished korban would be subject to the prohibition of me'ilah.
2. Hashem, as an act of chesed and tzedek, permitted us to eat this meat.
3. As an additional dimension of this chesed, Hashem made it a mitzvah to eat such meat, so that people wouldn't refrain from eating it, out of chasidus. 

I'd like to focus on the statement "perhaps someone might be reluctant, mi'derech chasidus, to touch them." This is the only place in his entire work where the Sefer ha'Chinuch uses the phrase "derech chasidus." The most straightforward interpretation is that he is referring to actual chasidus - pious behavior in which the individual goes beyond the letter of the law in order to achieve a higher degree of perfection. An example of this type of derech chasidus is spelled out by the Rambam at the end of Hilchos Tumas Ochlin (Laws of the Ritual Impurity of Foods 15:12): 

Even though it is permitted to eat foods and drink beverages which are tamei (ritually impure), the pious men of the early generations would partake of their ordinary food in a state of ritual purity and would avoid all of the sources of tumah throughout their lives. They are called perushim (lit. “those who separate themselves”). This is an extra measure of holiness and a derech chasidus (path of piety), to be separate from the rest of the nation, to hold oneself apart from them, not to touch them, nor eat and drink with them. For setting oneself apart leads to the purification of the body from wicked actions. Purifying one's body leads to sanctifying one's soul from wicked character traits. And the holiness of the soul causes one to resemble the shechinah, as it is stated: "And you shall make yourselves holy; and you shall be holy, because I, God, Who makes you holy, am holy" (Vayikra 11:44).

According to the Rambam, abstaining from foods and beverages which are tamei is a good type of derech chasidus behavior - at least, for those who use this conduct as a vehicle for perfection. Apparently, though, refraining from eating blemished kodshim is not a vehicle for perfection, as evidenced by the fact that Hashem commanded us to eat this meat. 

Thus, we can infer that when the Sefer ha'Chinuch speaks of derech chasidus in this context, he is referring to a misplaced feeling of piety - one which may be behaviorally described as a derech chasidus, but will not actually bring a person to a higher level of perfection.

If this is true, then chesed Hashem that is manifest in this mitzvah is remarkable, indeed. Not only does this mitzvah display Hashem's chesed in providing us with an opportunity to partake of meat which would otherwise go to waste, but even more than that, it displays His chesed in guiding aspiring chasidim away from a misguided act of chasidus.

In one mitzvah, Hashem addresses both extremes of human behavior: those who would feel deprived if such meat were prohibited, and those who would feel reluctant to partake of such meat even if it were permitted - all while guiding our minds to recognize His Kingship, His Exaltedness, and His kindness. This is an excellent example of how mitzvos are designed to benefit different groups of people in different ways.

I originally intended to include an attempt to explain why refraining from eating this meat would be an erroneous derech chasidus, but I ran out of time before Shabbos. I guess we'll have to continue this discussion in the comments next week!