Parshas Behar
1. Regarding kinyanim (acquisitions)1 there is a rule: "אין אדם מקנה דבר שלא בא לעולם" ("A person cannot transfer ownership of something that has not yet come into the world")2. On account of this, the law is3 that "המוכר פירות דקל לחבירו . . יכול לחזור בו אף לאחר שבאו הפירות לעולם" ("One who sells the fruits of a palm tree to his fellow [before the fruits have begun to grow] may retract, even after the fruits have come into the world"). Only when one "transfers . . the body for its fruits"4 (for example, ". . a tree for its fruits"5) is the law6 that "this is not transferring something that has not come into the world, for the body exists, and he transfers (the body) for the fruits."
The Rambam states6 that "the law of hekdesh (consecrated property), the law of the poor, and the law of vows are not like the law of an ordinary person in his acquisition. For if a person said, 'Whatever my animal will give birth to shall be hekdesh . . I will give it to charity,' even though it does not become consecrated, since it is not in the world, he is nevertheless obligated to fulfill his word, as it says7, 'ככל היוצא מפיו יעשה' ('According to all that comes out of his mouth he shall do')." That is to say: even though the hekdesh cannot take effect on the object "that is not in the world," an obligation nevertheless takes effect on the person "to fulfill his word" — by virtue of the law of vows8.
[And the Rambam then continues9: "Since this is so, if a person, when he was dangerously ill, commanded and said, 'Whatever this tree will produce shall go to the poor' . . the poor acquire it. There are Geonim who disagree with this and say that the poor acquire only through the things by which an ordinary person acquires, and therefore they would not acquire something that has not come into the world. But my opinion does not incline to these words, for a person is not commanded to transfer ownership, but he is commanded to fulfill his words regarding charity or hekdesh, just as he is commanded to fulfill his vow."]
It has already been discussed many times that every law of the Torah, in addition to its content in its plain sense, also has a Torah — an instruction — in spiritual avodah; and in the words of the Rambam10, it is "counsel" in the matter of "correcting the character traits": "רוב דיני התורה אינן אלא עצות . . לתקן הדעות וליישר כל המעשים" ("Most of the laws of the Torah are nothing but counsels . . to correct the character traits and to straighten all one's deeds").
So too in our case: the above particular laws concerning acquisitions
— (a) the distinction between "one who sells the fruits of a palm tree" and "a tree for its fruits"; (b) the Rambam's distinction between "the law of an ordinary person in his acquisition" ("for a person is not commanded to transfer ownership") and "the law of hekdesh and the law of the poor" (where a person "is commanded to fulfill his words," and is therefore obligated to fulfill his word even with regard to something that has not come into the world) —
exist in a person's spiritual service of his Creator.
2. The general content of the service of G‑d is making a kinyan11 (an acquisition): a Jew transfers himself and all that he has to the A-lmighty12, so that (it is recognizable that) he and everything he owns are in the domain and ownership of the Holy One, blessed be He — through the fact that his conduct (in deed, speech and thought13) is always in accordance with the will of the Holy One, blessed be He.
[And perhaps this is the precision in the wording of our Sages14, "אני נבראתי לשמש את קוני" ("I was created to serve my Owner") — and not "my Creator" — because through this "service" it is carried out and revealed that the A-lmighty is "my Owner."
And the fact that a Jew is the "acquisition" of the Holy One, blessed be He, will come to complete revelation in the Time to Come, as stated in the prophecies of the Redemption15: "ביום ההוא יוסיף אד' גו' לקנות את שאר עמו גו'" ("On that day the L‑rd will again . . acquire the remnant of His people . ."). And similarly in the days of your going out of the land of Egypt — "עם זו קנית" ("this people that You have acquired")16.]
And in this "acquisition" — in which a Jew transfers himself to the A-lmighty — there are two modes (levels): acquisition of the body and acquisition of the fruits.
The distinction between "body" and "fruits" in a person is: the "body" is his soul and body and their faculties (including the intellect in the brain and the emotions in the heart)17 and all the faculties — including the faculty of thought, speech and action; and the "fruits" are the activities performed through the limbs and the "garments of the soul" — a person's thoughts, words and deeds18 (as our Sages say19, "פירותיו של צדיק מצות ומעשים טובים" ("The fruits of a tzaddik are mitzvos and good deeds")), which "grow" out of a person's intellect, emotions and faculties.
And this is the distinction between "acquisition of the fruits" and "acquisition of the body" in a person's service of his Creator:
Acquisition of the fruits means that a Jew "transfers" to the A-lmighty all his thoughts, words and deeds, which are the "fruits" of the soul, its faculties and its garments. He is completely guarded in all this, so that his thought, speech and action are always in accord with the will of G‑d; and in the language of the Tanya20 regarding the level of a beinoni (intermediate person): "לא עבר עבירה מימיו ולא יעבור לעולם ולא נקרא עליו שם רשע אפילו שעה אחת ורגע אחד כל ימיו" ("He has never committed a transgression and never will, and the name 'wicked' has never been applied to him, even for one hour or one moment, all his life").
But the "body" — the essence of his intellect, emotions and faculties — has not been "acquired" by the A-lmighty. His mind and heart are not free from the possibility of evil thoughts and traits and desires21 (which awaken in the heart and arise22 in the mind, etc.); rather, he has mastery over the evil inclination and does not allow the evil traits and desires to come into actuality, to expression in thought, speech and action23.
And acquisition of the body is the service of a tzaddik, who "transfers" to the A-lmighty (also) the very essence of his intellect and emotions, by nullifying the essence of his evil inclination and the essence of the intellect and the evil traits of the heart and of all the faculties, until he desires only things of good and holiness23. And since he has "transferred" the "body" (of his intellect, the emotions of his heart, etc.) to the A-lmighty, his "fruits" (thought, speech and action) are — as a matter of course — acquired by the A-lmighty. He does not need to wage war so as not to do an act (in deed, speech or thought) against the will of G‑d, because to begin with there is no will or desire for it in his heart.
This is also one of the explanations of why a tzaddik is called "עבד ה'" ("a servant of G‑d")24 — because servitude is a matter of "acquisition of the body": the body of the servant is acquired by his master, and as a matter of course — "(כל) מה שקנה עבד קנה רבו" ("(whatever) a servant acquires, his master acquires")25. Similar to this is the service of a tzaddik, who has transferred his essence and being (his "body") to the A-lmighty.
3. On this basis we will understand the content of "a person cannot transfer something that has not come into the world" (such as "the fruits of a palm tree") in a person's service:
One who is not at the level of "acquisition of the body," but only at "acquisition of the fruits," can "transfer" to the Holy One, blessed be He, only his thoughts, words and deeds (but not his "body," the intellect and emotions of his heart, etc.). He must know26 that he has the power to rule (through battle) only over the deeds, words, etc., with which he is actually occupied now; but he is not the owner able now to "transfer" "something that has not come into the world":
When he now makes a resolution that in the future he will do a good deed, etc., no "acquisition" has thereby been accomplished, because there is no certainty27 that the deed in the future will be done in accordance with the Supernal Will (it is a situation in which "he may retract").
For since his "body" has not been acquired by G‑d, and "מהותו ועצמותו של הרע הוא בתקפו . . ולא חלף והלך ממנו מאומה" ("the essence and being of the evil is in its full strength . . and nothing of it has passed or departed")28, he must each time wage war anew with the inclination in his heart and mind, so as not to allow the desire and will of the inclination to come down into thought, speech and action. It is therefore possible that when the time comes for it to be carried out in actuality, the inclination will, Heaven forfend, prevail, and not allow the good resolution to be carried out in actuality.
4. Nevertheless, even one who does not yet have the power to accomplish "acquisition of the body" (to transform completely the emotions of the heart and the will of the mind so that they be acquired by G‑d) has a counsel for how to "transfer" his "fruits" that have not come into the world — by "transferring the body for its fruits . . for example . . a tree for its fruits" (that is to say, although he cannot transfer the body itself to the Holy One, blessed be He, he can transfer the "body (only in relation) to its fruits").
The explanation of this:
The service of a beinoni is not limited only29 to his "garments of the soul" — that each time a desire and will is aroused in his heart, etc., he merely battles to prevent the "spreading forth" of the desire and will into thought, speech and action30. Rather, the service also29 affects the emotions and intellect themselves, in that he subdues (to the point that it makes an impression (at least) also with regard to the future) the evil in his heart31 and mind.
As the Alter Rebbe32 explains, during prayer a beinoni arouses within himself love of G‑d revealed in his heart33, which brings about that the evil in his heart is then "like a person who is asleep"34 (and this love of G‑d during prayer leaves an impression on the person, giving him strength and power "להתגבר ולשלוט על הרע הזה המתאוה תאוה" ("to prevail over and rule this evil that craves desires")35).
And in particular — since the trait of love of a beinoni during prayer is, for him, with truth36, and "(שפת אמת) תכון לעד" ("(the lip of truth) shall be established forever")37 — he has the power to arouse this love of G‑d (and thereby "put to sleep" the evil in his heart) "בשעת התפלה מדי יום ביום" ("at the time of prayer, every day")36. It follows that a beinoni has a (certain) mastery also over the "essence and being"38 (the emotions, etc.) of the evil inclination31.
And this gives additional explanation to what the Alter Rebbe says29 about a beinoni, that "he has never committed a transgression and never will." That is to say: because of his present state39, he is certain that "he never will" — that in the future too he will surely be able to rule over the evil inclination and not commit any transgression —
because a beinoni has mastery also over the emotions40, etc., of the evil inclination — though not over the essence of the emotions in themselves, but only in relation to their spreading forth (their "fruits")41 into thought, speech and action.
And this is the meaning of "transferring the body for its fruits" in a person's service:
Even if one is not at the level of being able to transform the essence of the emotions, etc., in his heart (so that he would have no desires, etc., at all), it is nevertheless within his power to have an effect (a subjugation, etc.) on his emotions, etc., at least with regard to their "spreading forth" ("the body for its fruits"); and then his "fruits" (thoughts, words and deeds) that have not come into the world are also acquired by G‑d — he is in a state of "he never will [transgress]."
5. In other words, this means:
Although not everyone can reach the level of "a servant of G‑d," whose "body is acquired" by G‑d, every Jew is nevertheless an agent of the A-lmighty who has the powers to carry out the purpose of creation — to make for Him, may He be blessed, a dwelling place in the lower realms — because "שלוחו של אדם — העליון42 — כמותו" ("a person's agent — of the Supernal One — is like himself"), and "like the sender himself, literally"43.
And as has been discussed many times, the highest mode of agency is44 that not only the agent's deed, or even his power of action, is attributed to the sender; rather, the agent's entire being is "like the sender himself, literally" (and as a matter of course, the agent's deed is considered as the deed of the sender).
[Nevertheless, this is not comparable to a servant45, who is not an independent entity at all — his entire body is acquired by his master. With an agent, by contrast — even in the highest mode of agency, in which the agent himself (not only his deed or power of action) is "like the sender himself, literally" — this applies only with regard to the matter of the agency (similar to "the body for its fruits"), but not with regard to his other affairs.]
It follows that every Jew has the power to hand over his entire being to the A-lmighty, to be an agent of G‑d to carry out the purpose of creation; and through this general "transfer" (at least in the mode of "the body for its fruits"), all his particular actions (and his words and thoughts) become, as a matter of course, "acquired" by G‑d, in accordance with the will of the Sender.
6. In this, the Rambam innovates even more: that "the law of hekdesh . . is not like the law of an ordinary person in his acquisition. For if a person said, 'Whatever my animal will give birth to shall be hekdesh' . . he is obligated to fulfill his word" — which in spiritual service means:
When a person is not even at the level of being able to carry out the acquisition of "the body for its fruits" — he has no mastery over the "body" of his emotions (not even in relation "to its fruits"), so that seemingly he is unable to "transfer" his "fruits" (his activities) that have not come into the world (and consequently, with every action, etc., he must again go through a battle with the inclination so that it will be an action in accordance with the will of his Creator) —
this applies only when we speak of an ordinary person's acquisition, where "a person is not commanded to transfer ownership," i.e., regarding a person's optional matters. But when we speak of "the law of hekdesh" — holy matters, good resolutions in matters of Torah and mitzvos (where "he is commanded to fulfill his words") — it is indeed true that no "acquisition" is accomplished by his resolution in the object (in the thing outside the person); but an obligation is created in the person (and consequently also assistance, empowerment and help) to fulfill his word.
And the explanation of this:
A person's optional matters46 are essentially bound up with nature (his body and animal soul, which craves them for the sake of its existence and vitality47), except that the G‑dly soul can bring about that the deeds be done "לשם שמים" ("for the sake of Heaven")48. But even afterwards they remain "מעשיך" ("your deeds")48 (of the person), optional matters (i.e., activities that stem from the body, etc.).
Matters of Torah and mitzvos, by contrast, are from the outset activities that stem from the soul. The evil inclination merely tries to hinder the Jew from fulfilling the mitzvah. And the performance of the mitzvah comes about through the soul compelling the inclination, until "תשש יצרו" ("his inclination is weakened")49, so that it (the soul) can fulfill the mitzvah50.
And this is the reason for the distinction between "an ordinary person" and "hekdesh":
When a Jew takes on good resolutions with regard to his optional matters ("an ordinary person's acquisition"), since these matters are essentially activities of the body and animal soul — and the person does not yet have mastery over the "body" of his evil inclination — no obligation and "lien" has been created here, because it is something that is not in his ownership51;
but with matters of hekdesh — Torah and mitzvos — which are essentially activities of the soul (one need only nullify the hindrance of the evil inclination), the good resolution itself, stemming from the soul, already obligates and binds the soul52 to carry out the resolution.
An actual "transfer" (in the object of the action) cannot be, because the evil inclination can hinder it, and consequently there is no certainty that it will come into actuality;
but with regard to the soul, since it is by its nature53 ready to carry out these matters in actuality (since they are its own activities, it is "in its domain and ownership"), an obligation and lien takes effect upon it to fulfill his words (even though it has not yet come into the world — outside of it).
And a command and obligation of the Torah also includes assistance and help from Above, so that the soul can prevail over the obstacles stemming from the body, etc., and carry out its resolution in actual deed54.
7. May it be G‑d's will that through occupying ourselves with the laws of acquisition, we merit very soon the fulfillment of the prophecy55: "On that day the L‑rd will again . . acquire the remnant of His people . ." — that there will be fulfilled "עד56 יעבור עמך ה' עד יעבור עם זו קנית" ("until Your people pass over, O L‑rd, until this people that You have acquired pass over")57; the A-lmighty will acquire "His people" in completeness56,
and through this — also the other "acquisitions" that "קנה הקב"ה בעולמו" ("the Holy One, blessed be He, acquired in His world")57, up to the acquisition of "בית המקדש קנין אחד" ("the Beis HaMikdash is one acquisition")57 — the Third Beis HaMikdash, may it be built speedily in our days, literally.
(From the sichos of Shabbos Parshas Vayechi 5746 and Acharon Shel Pesach 5722)
Notes
1) "That He commanded us concerning the law of buying and selling . . 'וכי תמכרו ממכר לעמיתך או קנה מיד עמיתך' ('And if you sell something to your fellow or buy from the hand of your fellow')" (our Parshah, 25:14) — the Rambam's Sefer HaMitzvos (positive commandment 245). And note the Haftarah of our Parshah — "Buy for yourself . ." (Yirmeyahu 32:7ff.); see there at length. — And see the Tzemach Tzedek's Sefer HaMitzvos, the mitzvah of judging in matters of buying and selling.
2) Rambam, Laws of Sale, beginning of ch. 22 (and the sources in the Gemara cited there).
3) Ibid., halachah 2.
4) Ibid., beginning of ch. 23 (and see there, 22:14).
5) Ibid., 23:2 (and similarly in ch. 22 there).
6) Ibid., 22:6. — And see also Rambam, Laws of Valuations and Consecrations, ch. 6, halachos 1–33. The commentators on the Rambam have already dwelt on the differences between the two places. This is not the place to elaborate.
7) Mattos 30:3.
8) See the Rambam here, end of halachah 6; Laws of Valuations and Consecrations, ibid.
9) Here, [OCR unclear]. — And see below, note 54.
10) End of the Laws of Substitution (Temurah).
11) See the Tzemach Tzedek's Sefer HaMitzvos, ibid.
12) See Avos (6:10): "Israel is one acquisition." And likewise — the known explanation of the saying of our Sages (beginning of Kiddushin), "A woman is acquired" — "acquired in three ways," etc. (Likkutei Torah, Behaaloscha ([OCR unclear]); Sefer HaMaamarim 5637, vol. 2, p. 276ff., 526ff.). And elsewhere.
13) Since he too must recognize [it].
14) Mishnah and Baraisa, end of Kiddushin.
15) Yeshayahu 11:11.
16) Beshalach 15:16 (and see below, note 55). And see Avos, etc., above, note 12.
17) Tanya, beginning of ch. 2 (and see Likkutei Torah, Vayikra, explanation of the maamar beginning "Velo Tashbis," ch. 1; and elsewhere). And see below, note 40.
18) Tanya, beginning of ch. 4; beginning of ch. 2; and elsewhere.
19) Bereishis Rabbah 30:6. And see [OCR unclear] 46, end of col. a; Torah Or 53c ff.
20) Beginning of ch. 2. And similarly there at the end of the chapter (17b).
21) See at length the Rambam's Shemoneh Perakim, ch. 6 — two modes of service, "the superior pious man" and "one who conquers his inclination." And see the Tzemach Tzedek's Sefer HaMitzvos, the mitzvah of remembering what Amalek did (96a–b).
22) See Tanya, ch. 20, in detail, and there, beginning of ch. 9.
23) See at length Tanya, chs. 12–13.
24) Tanya, beginning of ch. 15 [although regarding every single Jew it is said (our Parshah, 25:55), "they are My servants," and this is the halachah — Rambam, Laws of Hiring 9:4 (Shulchan Aruch, Choshen Mishpat [OCR unclear], par. 3 (and see the Shach there, subpar. 6)); the Alter Rebbe's Shulchan Aruch, Choshen Mishpat, Laws of Borrowing and Hiring, [OCR unclear] 21); and as the verse continues (ibid., 42), "they shall not be sold as a slave is sold" (Rambam, Laws of Servants 1:5; and elsewhere)].
25) Pesachim 88b. Kiddushin 23b.
26) And consequently, to prepare himself accordingly — contemplation of the matters appropriate for this.
27) See the reasons why a person cannot transfer something that has not come into the world — in the Encyclopedia Talmudis, entry "Davar Shelo Ba La'olam" (vol. 7, p. 31).
28) Wording of the Tanya, ch. 13 (18, beginning of side b — and it continues there: "On the contrary, it has grown stronger with the passage of time," etc.). And see there, before this (18a); ch. 12 (17, end of side a).
29) See Or HaTorah, Mishpatim (p. 1131ff.): two levels in the beinoni — a Canaanite servant, who by virtue of "the level of Netzach and consent accepts upon himself the yoke of Heaven all day long and rules his spirit," etc.; and a Hebrew servant — corresponding to Yetzirah (the level of emotions) — who has a yearning, etc., in the emotions of the heart (see there at length). And it refers to the beinoni — see there, p. 1131, 1140–41. And see at length Derech Chaim, the maamar beginning "Lehavin Seder HaTefillah," chs. 68–69.
30) See Tanya, beginning of ch. 4: "even at the time when the heart desires," etc.; ibid., beginning of ch. 15.
31) And this is the main battle of the beinoni — to rule over the evil in the heart by arousing love of G‑d in his heart (see Tanya, ch. 3 (18b); chs. 15–16; and elsewhere). And the main level of the beinoni is the level of a Hebrew servant (emotions) — see Or HaTorah and Derech Chaim, ibid.
32) Ibid., chs. 12–13.
33) Or at least the love hidden in his mind and heart (Tanya, ch. 16; see there), which is "the love that brings only to the performance of the mitzvos" (ibid., ch. 17 — 22, end of side b).
34) Ibid., ch. 13 (18, end of side b ff.); and in ch. 12 (16b): "and then the evil in the left chamber is subjugated and nullified to the good." And elsewhere. — And see there, ch. 35 (45a), that even at the time of performing a mitzvah "they are in a state of exile and sleep."
35) Ibid., end of ch. 12 (17b).
36) Ibid., ch. 13 (19a); see there at length. Likkutei Torah, beginning of our Parshah (40a).
37) Mishlei 12:19.
38) See Or HaTorah, ibid. (p. 1134, 1141); Hemshech 5672, vol. 1, ch. 143; end of ch. 202.
39) See Likkutei Perushim, etc., on the Tanya, ch. 12 (p. 229, 235).
40) Seemingly, even the beinoni who acts by virtue of the yoke of Heaven (see above, note 29) — it is said of him "and never will transgress" (although the evil is in its full strength and he rules over it only by virtue of the yoke). And see the maamar beginning "Ve'eileh HaMishpatim" 5738, ch. 5 (Sefer HaMaamarim Melukat, vol. 1, p. 309).
Perhaps it can be said that since he has mastery over the garments of the soul (i.e., his faculty of thought, speech and action), this is like transferring "the body for its fruits" (see above, section 2).
But the main point of "the body for its fruits" is that he has mastery over (the spreading forth of) the emotions of the animal soul — for the soul itself is "ten faculties," intellect and emotions (Tanya, beginning of ch. 2; and see Likkutei Torah, Vayikra, explanation of the maamar beginning "Velo Tashbis," ch. 1; and elsewhere), and not the garments of the soul; their very name "garments" proves this.
41) See Hemshech 5672, ibid.
42) See Likkutei Torah, Vayikra (1c).
43) Wording of the Likkutei Torah, ibid.
44) See at length Lekach Tov by Rabbi Yosef Engel, at the beginning.
45) See also Likkutei Sichos, vol. 20, p. 303.
46) On what follows — see Likkutei Sichos, vol. 15, pp. 245–246.
47) See Tanya, beginning of ch. 7.
48) Avos 2:2.
49) Wording of the Rambam, Laws of Divorce, end of ch. 2 (in the daily study portion of this Shabbos — 5746). See there.
50) However, since the G‑dly soul is enclothed in the animal soul, to the extent that "without it the G‑dly soul would not act in the body at all" (Tanya, ch. 35), therefore, through the performance of Torah and mitzvos by the G‑dly soul, the faculties of the body and the animal soul are refined.
51) For even with something [OCR unclear] the world, if it is "something that is not in the domain of the one transferring it, it is not acquired, and it is like something that has not come into the world" (Rambam, Laws of Sale 22:5). And note the Tzemach Tzedek's maamar beginning "Mashbi'in Oso" (Kitzurim VeHe'aros LeTanya (p. 48), and elsewhere — copied in Likkutei Perushim, etc., on the Tanya, ch. 1, p. 16ff.), [which discusses] how an oath administered to the soul is effective regarding the body and the evil inclination, since this is something not so much in its domain and has not yet come into the world.
52) See the Tzemach Tzedek's Sefer HaMitzvos, the mitzvah of judging in matters of buying and selling, at its end (37b): "This is not so with Israel, who are a part of G‑d Above, except that the body conceals," etc.
53) See Rambam, Laws of Divorce, ibid.
54) See the Tzemach Tzedek's Sefer HaMitzvos, ibid.: "Immediately when the power of will is drawn down from Above to be his helper . . the acquisition will certainly be completed." And note the continuation in the Rambam here (in the following halachah — quoted above, section 1): "Since this is so, if a person commanded . . to the poor . . the poor acquire it," from the plain wording of which it is implied that since the dangerously ill person became obligated to fulfill his vow, "the poor acquire it" (and not merely that there is an obligation on the orphans to give it to them). And see also the Rambam there. This is not the place to elaborate.
55) See the Siddur, Shaar Chag HaMatzos, at its end; Torah Chaim, Shemos, end of the maamar beginning "Tipol Aleihem" (the long one — 294a ff.); and elsewhere — that "this people that You have acquired" will be at the second crossing (and ascent) that will take place in the Time to Come.
56) This was not so with the redemption from the Babylonian exile, etc. — see the commentators on Yeshayahu, ibid.
57) Avos 6:10. And see the maamar beginning "Chamishah Kinyanim" (Or HaTorah, Shavuos, p. 197ff.). And see the sources noted in note 12. Likkutei Sichos, vol. 35, p. 39ff.
Key Lesson
Even one who has not transformed the essence of his emotions can still make his future thoughts, words and deeds belong to G‑d, by mastering how those emotions spread into action, as a tree is acquired "for its fruits." And in matters of Torah and mitzvos, a good resolution of the soul already obligates the soul and brings help from Above to carry it out in actual deed.