Rabbi Zvi SobolofskyAbove the Letter of The Law

In the parshiyos of Devarim and Va'eschanan there are two different descriptions of monetary law. Parshas Devarim begins with Moshe appointing judges and commanding them to be absolutely honest in all of their dealings. Mishpat - strict justice - is presented as the way Hashem rules His world "כי המשפט לאלוקים הוא". Yet, in next week's parsha we are instructed to act in a way that is described as "ועשית הישר והטוב" - a path of righteousness and goodness. Chazal interpret this to be referring to לפנים משורת הדין - going above and beyond the actual letter of the law. We are supposed to sometimes forego our actual rights in monetary cases. The ideal is portrayed as not insisting on what is due to me, but rather to compromise and act in a way that is ישר וטוב. Strict justice as well as kindness and goodness have their roots in the very beginning of the world. Chazal comment that in Parshas Breishis Hashem is described as creating the world in two different ways. "בראשית ברא אלוקים" - the name אלוקים is synonymous with מדת הדין - the Divine trait of justice. "עשות ה׳ אלוקים ארץ ושמים" - both the name ה' and אלוקים are used together to describe creation. In contrast to the name ה׳, אלוקים represents מדת הרחמים - the Divine trait of mercy. Chazal explain that in theory the world should have been created according to the rules of strict justice, but Hashem tempered that justice with mercy and compassion. We are commanded to emulate Hashem in how we deal with our fellow man. Although "כי המשפט לאלוקים הוא" - Justice is divine, we must follow Hashem's model. We are expected to combine that truth with loving kindness and often look the other way. Not being so insistent on what we think we are entitled to is the highest level of following in Hashem's ways.

The two worlds of justice and compassion are the very basis for the Beis Hamikdash and the korbanos that are offered in it. Throughout the book of Vayikra the name ה' is used. All of the korbanos are predicated on the Divine trait of compassion. The Ramban (in his introduction to Vayikra) elaborates upon how, according to the strict rules of justice, there would be no place for korbanos. Any sin even done unintentionally would warrant immediate punishment. It is only because Hashem created the world also through the trait of mercy that we are granted the opportunity to do teshuva and offer korbanos as an atonement for our misdeeds.

The great gift of korbanos, which is the ultimate expression of Hashem's compassion for us, is predicated on our acting in a similar fashion to our fellow man. It is therefore not surprising that Chazal teach us that one of the reasons the Beis Hamikdash was destroyed was because people were too insistent on their monetary rights. Rather than going above and beyond the actual law and compromising, they only followed the strict rules of justice. By not tempering justice with compassion to others they lost the opportunity for Hashem to do so as well. Tragically, the destruction of the Beis Hamikdash and the cessation of korbanos was a direct result of not acting in a way reflective of the traits of kindness and compassion to others. Perhaps it is not coincidental that Tisha B'Av always occurs between the parshiyos of Devarim and Va'eschanan. If we only focus on the justice of Devarim and never reach the compassion of Va'eschanan, tragically, the result is Tisha B'Av. Let us learn the lessons of both parshiyos as we interact with our fellow man as Hashem relates to us. May we learn these lessons and thereby merit that Hashem returns to us the Beis Hamikdash and showers upon us His love and kindness once again.

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