Parshas Ki Tezei 5784

In this week’s portion, the Torah commands us (Deuteronomy 22:8):

(ח) כִּי תִבְנֶה בַּיִת חָדָשׁ וְעָשִׂיתָ מַעֲקֶה לְגַגֶּךָ וְלֹא תָשִׂים דָּמִים בְּבֵיתֶךָ כִּי יִפֹּל הַנֹּפֵל מִמֶּנּוּ

8) If you build a new house, you shall make a fence for your roof, so that you will not place blood in your house if a fallen one falls from it.

                This verse contains two separate mitzvot. One is to put a fence around one’s flat roof for safety, and the other is not to “place blood in his house” by keeping dangerous items in his house that may hurt someone, such as a vicious dog or a broken ladder.

                The Sefer HaChinuch, attributed to Rav Aharon HaLevi, counts placing a fence around one’s roof as Mitzvah #546 (out of the “613”), and explains the need for this mitzvah as follows:

משרשי המצוה, לפי שעם היות השם ברוך הוא משגיח בפרטי בני אדם ויודע כל מעשיהם וכל אשר יקרה להם טוב או רע בגזרתו ובמצותו לפי זכותן או חיובן, וכענין שאמרו זכרונם לברכה [חולין ז’ ע”ב] אין אדם נוקף אצבעו מלמטה אלא אם כן מכריזין עליו מלמעלה,

At the root of this mitzvah is that even though Hashem oversees every detail of people’s lives, and knows all of their deeds, hence, everything that happens to them be it good or be it bad, is decreed from Hashem based on their merits or debits, as it says “A person doesn’t as much as nick his finger down here (on this world) unless they have so decreed upon him upstairs (in heaven),

 אף על פי כן צריך האדם לשמור עצמו מן המקרים הנהוגים בעולם, כי האל ברא עולמו ובנאו על יסודות עמודי הטבע, וגזר שיהיה האש שורפת והמים מכבין הלהבה, וכמו כן יחייב הטבע שאם תפול אבן גדולה על ראש איש שתרצץ את מוחו או אם יפול האדם מראש הגג הגבוה לארץ שימות, והוא ברוך הוא חנן גופות בני אדם ויפח באפיו נשמת חיים בעלת דעת לשמור הגוף מכל פגע ונתן שניהם הנפש וגופה בתוך גלגל היסודות והמה ינהגום ויפעלו בם פעולות. ואחר שהאל שעבד גוף האדם לטבע, כי כן חייבה חכמתו, מצד שהוא בעל חומר, ציוהו לשמור מן המקרה, כי הטבע שהוא מסור בידו יעשה פעולתו עליו אם לא ישמר ממנו

Nevertheless, one must guard himself from natural dangers in the world, for Hashem has made His world with inherent laws of nature, and He has decreed that fires should burn and that water should extinguish fire. Similarly, nature dictates that if a large stone falls on someone’s head, it will smash his head, or if someone falls from a high roof, he will die. And Hashem, blessed be He, blew into man’s body the breath of life, which endowed man with the wisdom to guard his life from danger. Hashem then placed man into a world governed by the laws of nature that would impact him. Once Hashem in His great wisdom placed man into a physical world with physical laws, He commanded him to protect himself from the natural laws that could endanger him.

                Even though Hashem watches and protects every person, a person still has freedom of choice and can make reckless choices that endanger his life. In such cases, one is in direct violation of this commandment, and Hashem will not intervene and change or suspend the laws of nature to save him.

                There are indeed people who foolishly put their lives in danger based on the erroneous idea that, “If it’s my time it’s my time, and I would have died anyway.”

                As we see clearly from the Sefer Hachinuch, this is not the case. One is commanded to guard himself from danger and is not permitted to put his life in danger.

                The Talmud (Taanit 20b) tells the following stories.

ההיא אשיתא רעועה דהואי בנהרדעא דלא הוה חליף רב ושמואל תותה אף על גב דקיימא באתרה תליסר שנין יומא חד איקלע רב אדא בר אהבה להתם אמר ליה שמואל לרב ניתי מר נקיף אמר ליה לא צריכנא האידנא דאיכא רב אדא בר אהבה בהדן דנפיש זכותיה ולא מסתפינא רב הונא הוה ליה ההוא חמרא בההוא ביתא רעיעא ובעי לפנוייה עייליה לרב אדא בר אהבה להתם משכיה בשמעתא עד דפנייה בתר דנפק נפל ביתא ארגיש רב אדא בר אהבה איקפד סבר לה כי הא דאמר רבי ינאי לעולם אל יעמוד אדם במקום סכנה ויאמר עושין לי נס שמא אין עושין לו נס ואם תימצי לומר עושין לו נס מנכין לו מזכיותיו

In Nahardai there was a slanted wall that Rav and Shmuel would not walk under, even though it stood this way for 13 years. One day, Rav Ada Bar Ahava was with them and Shmuel said to Rav, “Let’s walk around the wall as we usually do.” Rav answered him, “Today we don’t need to circumvent the wall, because we have Rav Ada Bar Ahava with us, and he is so righteous there is nothing to fear.”   

Rav Huna had wine in a ramshackle house, and wanted to remove it. He brought Rav Ada Bar Ahava there and engaged him in Torah discussion until he took out all the wine. After they left the house, it fell down. Rav Ada Bar Ahava sensed that he was used as protection and became upset at Rav Huna. The reason for his upset was that he concurs with the opinion of Rav Yanai who said, “A person should never put himself in danger thinking that Hashem will miraculously save him. Maybe Hashem won’t save him. And even if He does, Hashem will deduct from his merits.”

So, Rav Ada Bar Ahava was upset because even though he protected Rav Huna, he thought that it cost him merits.

The Ben Ish Chai (1835-1909) in his commentary Ben Yehoyada explains that Rav, Shmuel, and Rav Huna also concur with Rav Yanai’s teaching that if Hashem saves a person from a dangerous situation He deducts from their merits. They held, however, that since Rav Ada Bar Ahava did not know that he was in danger and there was no negligence on his part, he would not suffer a loss of merit. It is only when one has been negligent by putting his life in danger does he lose merits, because that’s a sin. Rav Ada Bar Ahava nevertheless became upset because he worried that he might lose merit anyway. 

The Ben Ish Chai further explains why Rav Ada Bar Ahava only became upset at Rav Huna and not at Rav and Shmuel. In Rav Huna’s case where the house collapsed immediately upon their exit, it was obvious to Rav Ada Bar Ahava that he was used for protection. In the case of the tilting wall, it continued to stand even after they had passed under it, and Rav Ada Bar Ahava might not even have noticed that it was slanting.

We see from these stories how even the holiest of individuals, Rav, Shmuel, and Rav Huna were careful not to put themselves into potentially dangerous situations. They would not endanger themselves, and would not take a chance on losing merit.

                Rabbi Moshe Chaim Luzzato (1707-1747) in his book Mesilat Yesharim (Chapter 9) adds another critical element to the matter. In discussing a person’s requirement to guard his health, he says,

 כִּי הִנֵּה הָאָדוֹן בָּרוּךְ הוּא עָשָֹה אֶת הָאָדָם בַּעַל שֵֹכֶל נָכוֹן וּסְבָרָא נְכוֹחָה לְשֶׁיִּנְהַג עַצְמוֹ עַל דֶּרֶךְ טוֹב וְיִשָּׁמֵר מִן הַדְּבָרִים הַמַּזִּיקִים אֲשֶׁר נִבְרְאוּ לַעֲנֹשׁ אֶת הָרְשָׁעִים, וּמִי שֶׁיִּרְצֶה שֶׁלֹּא יִנְהַג עַצְמוֹ בְּדֶרֶךְ הַחָכְמָה וְיַפְקִיר עַצְמוֹ לְסַכָּנוֹת הִנֵּה אֵין זֶה בִּטָּחוֹן אֶלָּא הוֹלֵלוּת, וְהִנֵּה הוּא חוֹטֵא בְּמַה שֶּׁהוּא עוֹשֶֹה נֶגֶד רְצוֹן הַבּוֹרֵא יִתְבָּרֵךְ שְׁמוֹ, שֶׁרוֹצֶה שֶׁיִּשְׁמֹר הָאָדָם אֶת עַצְמוֹ, וְנִמְצָא שֶׁמִּלְּבַד הַסַּכָּנָה הַמֻּטְבַּעַת בַּדָּבָר אֲשֶׁר הוּא עָלוּל אֵלֶיהָ מִפְּנֵי חֶסְרוֹן שְׁמִירָתוֹ, הִנֵּה עוֹד הוּא מִתְחַיֵּב בְּנַפְשׁוֹ בְּקוּם עֲשֵֹה בַּחֵטְא אֲשֶׁר הוּא חוֹטֵא, וְנִמְצָא הַחֵטְא עַצְמוֹ מְבִיאוֹ לֵעָנֵשׁ

For Hashem has made man with a sound and logical mind so that he may conduct himself in an appropriate way to protect himself from dangerous situations that were created to punish the evil. But one who chooses not to conduct himself in a wise way and opens himself up to all kinds of dangers, is not exhibiting trust in Hashem; rather he is being foolhardy. For he is committing a sin by going against Hashem Whose will is, that a person must guard himself from danger. Thus, aside from the inherent danger in his current situation, which is sufficient to do him in, he is guilty of the death penalty for the sinful act of putting his life in danger, a sin severe enough on its own to have him killed. Indeed, the sin of endangering himself is what caused him to die.

                The Mesilat Yesharim has taught us an invaluable lesson: If one puts himself in danger, not only may Hashem not perform a miracle for him, he may actually have sealed his own fate for the worst outcome; for the punishment for one who is frivolous with his life is to lose that life. The logic is very simple. Since he has shown that life is meaningless to him, he doesn’t deserve to have it.

                Let’s take another look at the original verse, as there is something peculiar about it.

(ח) כִּי תִבְנֶה בַּיִת חָדָשׁ וְעָשִׂיתָ מַעֲקֶה לְגַגֶּךָ וְלֹא תָשִׂים דָּמִים בְּבֵיתֶךָ כִּי יִפֹּל הַנֹּפֵל מִמֶּנּוּ

8) If you build a new house, you shall make a fence for your roof, so that you will not place blood in your house if a fallen one falls from it.

                What is the meaning of “if a fallen one falls from it”? Why not “if someone falls from it”?

Rashi enlightens us.

כי יפול הנופל – ראוי זה ליפול ואעפ”כ לא תתגלגל מיתתו על ידך שמגלגלין זכות ע”י זכאי וחובה ע”י חייב:

This person was destined to fall before he went up to your roof (He was already a “fallen one”). Don’t be the one through whom he meets his fate by not putting up a fence around your roof. Because, (from Heaven) they bring about good through the meritorious, and bad through the evil ones.

In this, the Torah has revealed to us one of Hashem’s ways of punishing people–through evil people.

                The concept is: מגלגלין זכות ע”י זכאי וחובה ע”י חייב

Hashem brings good through meritorious people, and He brings forth evil through people who do evil.

When Hashem has something good that He needs done, He looks for an appropriate agent to accomplish His mission. Hashem will always pick someone who has distinguished himself as one of Hashem’s trusted helpers, someone with merit. Hashem knows that He can trust this person to execute the mission with wisdom and efficiency, as he has proven himself in the past.

On the other hand, when Hashem has a negative mission that He needs accomplished, for example, the person on the roof whose time has come to leave this world, Hashem looks for someone who is not righteous, and brings forth the death through him. In this case, the owner of the house is considered evil because he has neglected a clear law in the Torah, viz, to place a fence around his flat rooftop. Since he is in violation, he is susceptible to being chosen as Hashem’s agent to facilitate the demise of this fellow. Because he has sinned by neglecting the law, Hashem brings another sin through him.

                It bodes poorly for a person that another has come to punishment through him, and in Heaven he will suffer a consequence for having been the agent through which someone else was punished. This is a clear example of what our Sages teach us:  עבירה גוררת עבירה – one sin causes another.

                The Chatam Sofer connects this idea with a similar idea found in the Torah. Regarding someone who accidently killed another and must flee to a city of refuge, the verse says (Exodus 21:12,13):

(יב) מַכֵּה אִישׁ וָמֵת מוֹת יוּמָת:

(יג) וַאֲשֶׁר לֹא צָדָה וְהָאֱלֹהִים אִנָּה לְיָדוֹ וְשַׂמְתִּי לְךָ מָקוֹם אֲשֶׁר יָנוּס שָׁמָּה:

12) One who strikes a man, so that he dies, shall surely be put to death. 13) But, for the one who had not lain in ambush and Hashem caused it to come to his hand, I shall provide you a place to which he shall flee.

                What is the meaning of “and Hashem caused it to come to his hand”? Rashi explains.

במה הכתוב מדבר בשני בני אדם אחד הרג שוגג ואחד הרג מזיד ולא היו עדים בדבר שיעידו זה לא נהרג וזה לא גלה והקב”ה מזמנן לפונדק אחד זה שהרג במזיד יושב תחת הסולם וזה שהרג שוגג עולה בסולם ונופל על זה שהרג במזיד והורגו ועדים מעידים עליו ומחייבים אותו לגלות נמצא זה שהרג בשוגג גולה וזה שהרג במזיד נהרג:

What is this verse talking about? Two people, one of whom killed someone by accident and one who murdered deliberately. In each case there were no witnesses, so the murderer was not put to death for his crime, and the one who killed by accident never went to live in the city of refuge. Hashem brings the two to one inn, and the one who murdered sits under a ladder, and the one who killed by accident goes up the ladder. As he goes up the ladder, the rung breaks, and he falls on the murderer killing him. This time, there are witnesses who saw the accidental killing, so it comes out that they each receives his correct sentence. The one who killed by accident flees to a city of refuge, while the murderer gets killed.

In the case of the person who did not put a fence around his roof, Hashem has once again brought two transgressors who complement each other together to fulfill Hashem’s will to kill the man guilty of the death penalty.

The verse in Samuel 1 (24:13) says:

(יג) כַּאֲשֶׁר יֹאמַר מְשַׁל הַקַּדְמֹנִי מֵרְשָׁעִים יֵצֵא רֶשַׁע וְיָדִי לֹא תִהְיֶה בָּךְ

13) As the ancient proverb says, “Wickedness issues from the wicked.”

Where is this ancient proverb cited? In the Torah, in the verse cited above where Hashem brings about the murderer’s death via the one who already murdered by accident. Hashem brings forth negative results from people who are wicked and are prone to negative deeds.

Hashem also revealed this concept in the mitzvah of placing a fence around one’s roof. Rashi added the corollary of this concept, i.e., that Hashem brings forth good results through good people.

When Hashem has a good mission that He needs done, he looks for a good person to do it. This is something that we should think about, especially just before Rosh Hashana when we are looking to find merit in Hashem’s eyes so that we can receive a good judgment for the coming year. If Hashem needs us to “run His errands” for Him, He will surely keep us around for another year.

How do we ensure that we get chosen by Hashem to carry out his good missions? First, we must enlist in Hashem’s army by telling him that we are prepared to serve and carry out His missions. Then, we need to keep our eyes and ears open for opportunities to help Hashem’s causes. This could mean giving money to a poor person or family, or supporting one of Hashem’s Torah institutions. If we sensitize ourselves, we will see abundant opportunities to fulfill missions for Hashem. Hashem will get His will done, one way or another. Why shouldn’t I be the one to do it?

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