Parshat Vayigash
By: Rabbi Moshe Goodman, Kollel Ohr Shlomo, Hebron
בס"ד
לשכנו תדרשו
Seeking the Holy Presence Today in the Holy Land
"ועתה לא אתם שלחתם אותי הנה כי הא-הים"
הנה אני לוקח את עץ יוסף..את עץ יהודה ועשיתים לעץ אחד..והבאתי אותם אל אדמתם ועשיתים לגוי אחד בארץ
(הפ)
Is there halachic significance as to the unity of The People specifically in The Land? Indeed, in regard to the laws of erroneous rulings of the Sanhedrin we clearly see that the concept of "kahal", community, in the Torah is unique to the People living in The Land. In order to explain these laws we must preface what is meant by "erroneous rulings of the Sanhedrin".
Rambam explains these laws in hilchot Shgagot (12, 1): "If the High Court inadvertently erred in their ruling and ruled that a forbidden substance is permitted and as a result of their ruling, the people erred inadvertently and acted in transgression of the prohibition, while relying on the ruling of the court, and afterwards, the court discovered that they had erred, the court is obligated to bring a sin-offering for their erroneous ruling. Even if the judges themselves did not perform a deed in violation of the prohibition, they must bring this sacrifice. For we do not consider the deeds of the judges at all, what they did or did not do, only their ruling. The remainder of the people are exempt from bringing a sacrifice as individuals, even though they performed the transgression, because they relied on the court."
Rambam continues in the following chapter to specify what is meant by "the people":
"If the majority of the inhabitants of Eretz Yisrael acted according to the erroneous ruling even if the transgressors were only from one tribe, and, similarly, if the majority of the tribes acted according to the erroneous ruling even if they are the lesser portion of the congregation, the court is liable for this sacrifice and the transgressors are exempt.What is implied? There were 600,001 inhabitants of Eretz Yisrael. Those who acted according to the ruling of the court were 300,001 and they were all members of the tribe of Judah alone - or they were members of seven tribes even if they numbered only 100,000 the court is liable for this sacrifice and the transgressors are exempt. We are not concerned with the inhabitants of the Diaspora, for the term kahal ("congregation") applies only to the inhabitants of Eretz Yisrael."
The source of the Rambam is in Horayos 3a where the term "kahal" used in Vayira 4, 13 is cross-referenced to other verses which talk of "kahal" as referring to the People residing specifically in the Land of Israel. Contemplating these halachos leads to the following question: What is the deeper meaning of the fact that individuals who sin are each obligated for a sin offering while the majority of The People in The Land who sin (because of The Courts' faulty ruling) are exempt?
An answer saying that The People are exempt, because the fault is on The Court is not sufficient, for we know that if The Court ruled but the majority of the people did not sin, then each individual must indeed bring a sin offering.
This week's parsha may shed light on these halachos. The story of the sale of Yosef strikingly parallels the halachos we just discussed. The sale of Yosef involves a sin by the majority of the Tribes. Regarding this sin Yosef comforts his brothers:"ועתה לא אתם שלחתם אותי הנה כי הא-הים" That is, it is not you as individuals who sold me to Egypt, but rather HaShem brought me down to Egypt for the greater Divine plan.
Indeed the Zohar in Parshat Vayeshev says that the Shechina joined the brothers in the sale. Now we can better understand why The People specifically in The Land, having a close connection to the Shechina, as we have shown before, are considered exempt (except for the communal offering given by The Court), for there is a greater Divine plan at work in this instance.
In clarification, there is always a Divine plan, whether among individuals or among the people at large, whether in The Land or outside of it, but the level of Providence is greater among The People in The Land.
This week's haftora highlights, as in our opening verses, the unity of People, symbolized by the staffs of the leading tribes Yehuda and Yosef, by bringing them to the Land, thus making them one people. What is said about the Holy Land in general in regard to unity is especially true about Hebron, city of our common roots, the Patriarchs. As "Shaar Hechatzer" (ch. 380) writes: "You will surely know that Hebron means connection (shoresh haber) and brotherhood, for those who live in the holy city of Hebron, may it be rebuilt, need to live together in love, brotherhood, tranquility, and friendship". May HaShem bless all Israel with peace.
