Parashat Hashavua Rabbi Dr. Stuart Fischman If you have comments or questions please feel free to e-mail Rabbi Fischman at: fish9999@012.net.il

Parshat Pekudei

In this week’s parsha we are provided with the accounting for the Mishkan. We are told the total of the precious metals collected and for what purposes they were used. This accounting would seem to be a sensible practice. And when we realize that this was done by a leader of Moshe Rabbeinu’s stature, it would seem that an accounting should be required of all charitable enterprises.

However, there was once a collection for the Beit Hamikdash that was run in a different fashion. The twelfth chapter of the second book of Melachim relates how the king Yeho’ash organized the renovation of the Beit Hamikdash. When Yehio’ash became king the Temple was dilapidated. He ordered the Kohanim to hand over the donations that they received from the people to a fund that he was raising for repairing the Temple. The Kohanim did not cooperate. So King Yeho’ash placed a tzedaka box in the courtyard of the Temple and people would place their donations in the box. The King’s personal secretary and the High Priest would count the money when the box was filled . Then they would give the money to artisans who would repair the Temple. In pasuk 16 of this chapter we are told that the king did not ask the artisans for an explanation of their expenses because he allowed them to operate on an honor system.

There is another pasuk that tells us that we must meet the public’s expectation of proper conduct. In Bamidbar chap. 32, Moshe Rabbeinu gave instructions to the tribes who did not wish to cross the Jordan with the rest of the nation. He told them that since the entire nation fought the battles that gained the territories for these 2 ½ tribes, these

2 ½ tribes must join the battles of the remaining tribes. Moshe said that only by sharing in the national burden “…you will be guiltless before G-d and Israel…”

Citing the example of King Yeho’ash, the Shulchan Aruch (Yoreh De’ah 257:2) rules that the trustees of community charities are not obligated to provide the public an account of how their money was spent. The Rama (citing Moshe’s injunction to the 2 ½ tribes) comments that while the ruling of the Shulchan Aruch is correct, the trustees should nevertheless provide an accounting. The Rama adds that if the performance of the trustees is unsatisfactory then the community may dismiss them, without concern for the good-name of the trustees.

The Divrei Chaim (Choshen Mishpat, vol.2, #57) adds some valuable detail to the rather terse statements of the Shulchan Aruch. The Divrei Chaim was asked to rule in a dispute between the trustees of a small-town’s charity and the townspeople. The townspeople became suspicious when they saw the trustees building an elaborate bath-house with the community’s money. The Divrei Chaim affirmed the rule that the trustees are not obligated to provide the public an accounting of how the town’s money was spent. However, should the town’s beit-din demand an accounting the trustees must appear before the court and swear that they spent the town’s money wisely. In this particular case the Divrei Chaim agreed that the construction of an extravagant bath-house in such a small town raised legitimate suspicion as to the conduct of the trustees and that consequently the trustees must appear before the beit-din.

I will close with some comments of the Chatam Sofer (Likutei Sheilot u’Tshuvot #59). “All my life I have agonized over the verse “…and you shall be guiltless before G-d and Israel…” These two obligations, being guiltless before G-d and before Israel are two riders bound to our backs. And it is infinitely easier to fulfill the first obligation , namely to fulfill our obligation to G-d, than it is to fulfill the obligation towards the masses because they have peculiar ideas and have peculiar dealings with each other…. and I have often wondered if it is possible for a person in this world to completely observe this verse…”

All observant Jews at some time or another are faced with the dilemma of the Chatam Sofer. As long as we live in the environment of a yeshiva it is relatively easy to abide by the pasuk that caused the Chatam Sofer so much anxiety. What the Chatam Sofer knew is that being “guiltless before Yisrael” means being guiltless even in the eyes of the basest ignoramus. When we leave the yeshiva we have to be alert to the obligation created by this pasuk. Every student in Yeshivat Hamivtar has his own story of how non-observant Jews misunderstand mitzvot and the behavior required by the Halacha. The peril that faces all of us is the peril of causing chillul Hashem. The Chatam Sofer had no easy prescription for avoiding chillul Hashem. All that we can do is to be vigilant to never cause even accidental offense. That is our obligation as bnei-Torah.