Or HaChaim on Genesis 49:3/אור החיים על בראשית מ״ט:ג׳

1 ראובן בכרי אתה, "Reuben, you are my firstborn, etc.," What news did Jacob convey to us with this statement? What did Jacob mean when he described Reuben as "my strength and the first of my vigor?" Although Bereshit Rabbah 98,4 mentions that Jacob meant to say that whereas he had not emitted a drop of semen until he married at 84 years of age, Reuben had not been able to contain himself, we still need to know why Jacob mentioned this at this time. Furthermore, why did he appear to repeat himself by describing Reuben as 1) "my strength," and 2) "the first of my vigor?" Another difficulty in this verse is the expression יתר שאת ויתר עז. Whereas the Midrash we have just referred to understands the word שאת as a reference to the Priesthood whereas the word עז is a reference to Royalty, we need to know why Jacob did not mention that as a firstborn Reuben was entitled to two portions in the inheritance seeing that he did dwell on details of the birthright. Onkelos does refer to this by saying that Jacob meant that Reuben should have been entitled to three shares of the inheritance. Another enigmatic statement in this verse (4) is the expression פחז כמים אל־תותר, "unstable as water, you have lost your advantage;" Rashi comments that Reuben lost his advantage as a firstborn because of his instability, the instability being that he defiled Jacob's bed in the incident with Bilhah (35,22). This still does not tell us why Jacob could not have merely said אל תותר, without describing Reuben as פחז כמים. After all, Reuben's instability was only an additional way of describing his sin. All we needed to know to justify that Reuben was deprived of his privileges as the firstborn was the fact that he had committed a sin against his father. Why did Jacob phrase Reuben's sin in the plural, i.e. "your father's beds?" Why did Jacob create the impression that Reuben had committed two wrongs when he said: אז חללת, "at that time you defiled," as if Reuben had also defiled his bed at a different time? It gives the impression that the defilement Jacob speaks about did not occur at the time Reuben mounted his father's bed. If that is so we are entitled to know what precisely Jacob is talking about. On the other hand, if mounting his father's bed was defiling it he should have said so in unmistakable terms.

2Before commencing to explain these verses we need to understand why Jacob did not honour the Torah's commandment of not showing preference (in terms of inheritance) to the firstborn son of the wife he loved when the true firstborn was the son of the wife he hated (Deut. 21,16)? Jacob treated Joseph the firstborn son of his beloved wife Rachel, as entitled to the privileges that are accorded to the son of the wife he hated when the latter had been born earlier. The question also arises whether the patriarchs were obligated to accept the norms of the Torah, seeing that the Torah did not become the law of Israel until the revelation at Mount Sinai. After all, we find that Jacob married two sisters while both were alive, something that contravenes Torah law. Abraham too did not perform circumcision on himself until he was advanced in years whereas Torah law stipulates circumcision on the eighth day or as soon as possible thereafter. We can find numerous other instances of the patriarchs not acting in accordance with Torah law. In view of the two examples we have quoted about the patriarchs not complying with what became Torah law thereafter, the whole question of why Jacob treated Joseph as his firstborn seems irrelevant. I have found that Nachmanides (Genesis 26,5) explains that the reason Jacob did marry two sisters while both were alive was that he was not in the Holy Land at the time. His words do not sound convincing. Who told Jacob that Torah legislation applied only within the boundaries of ארץ ישראל? The fact is that the commandments which the patriarchs did not observe apply equally in ארץ ישראל and outside it.

3I believe that the patriarchs received the Torah from Shem who in turn had received it from Noach; Noach had received it from Chanoch who had received it from Adam himself. Adam, of course, had received the Torah from G'd. This is based on Job 28,27: "Then He saw and told, etc.,…and He said to Adam." Zohar 1,199 attributes the revelation of Torah laws to Adam as the basis of G'd instructing him how to work and preserve the גן עדן. I have explained this in connection with Genesis 2,15. At that time Adam (and the patriarchs subsequently) were only commanded seven laws on pain of death. These laws are the ones commonly known as the Noachide laws, those applicable to mankind as a whole. All the other commandments which G'd revealed to Adam had only one purpose, namely to enable man to accumulate reward if he observed them. If he failed to observe those laws he was not liable to punishment. This situation continued until G'd revealed Himself to the Jewish people at Mount Sinai.

4The patriarchs made a point of observing all these commandments as an expression of their love for G'd. This is what G'd had told Isaac in Genesis 26,5. Yuma 28 states that Abraham not only observed all the commandments of the Torah but even such Rabbinic ordinances as Eyruv Tavshilim. No doubt Abraham instructed his children in these matters as he wanted them to qualify for the reward in store for those who observed all these commandments. Whenever the patriarchs observed that by not observing one of these commandments they would achieve something important immediately, they decided to opt for the immediate benefit. This is what happened when Jacob decided to marry Rachel in addition to Leah. He wanted to have children by Rachel, i.e. that at least some of the tribes should be her offspring. Jacob was especially entitled to do so since he was a prophet and acted in accordance with instructions received from G'd directly. We can understand this better when comparing what Maimonides wrote in chapter 9 of his Hilchot Yesodey Torah. He states that if a properly accredited prophet instructs the Jewish people to violate one of the Torah's commandments on a temporary basis, he is to be obeyed. Maimonides quotes the incident when Elijah rebuilt a private altar and sacrificed on it on Mount Carmel as a case in point. The same applied to Jacob's having married two sisters. According to Bereshit Rabbah 85,8, an angel exploited Yehudah's desire to have sexual intercourse by guiding him to Tamar, thereby ensuring that the kings who would come out of him had a matriarch who was both of suitable ancestry and of high moral calibre. At any rate, there are instances when it was obviously preferable not to apply the strictures that would become anchored in law at a later time in Jewish history.

5According to what we have said so far we must assume that the fact that Jacob used Reuben's misdeameanour to deprive him of the privileges which come with the birthright was quite legal, halachically speaking. Alternatively, Jacob had received instructions from G'd directly concerning this. We have all of this spelled out in Chronicles I 5,1 where the fact that Reuben was deprived of his birthright because he had mounted his father's bed is stated clearly, although it also states that though Ephrayim and Menashe became the new firstborns, they did not replace Reuben as the titular first-born.

6It is still not clear why the birthright was not given to Yehudah instead of to Joseph or any of the other older brothers. The Zohar on Vayishlach page 176 explains this. "At the time when Jacob slept with Leah (the first night of his marriage), he thought only about Rachel all the time since he was under the impression that he was sleeping with and impregnating Rachel. Restoring the birthright to Joseph was no more than an example of Jacob's original intention being fulfilled."

7Whereas this explained why Jacob gave the birthright to Joseph once he took it away from Reuben, why did the Torah have to mention that Reuben had defiled Jacob's bed? The birthright would have belonged to Joseph anyways. [I confess I have great difficulty with this Zohar because Leah was not impregnated on the first night of her marriage; when Reuben was conceived, eventually, Jacob was well aware that he was sleeping with Leah. If he had pined after Rachel knowing that he was sleeping with Leah this would have been most inappropriate. Ed.] In order to answer our problem we must remember that all the manifestations of spirituality in the world are divided into three categories. One category of spirituality is sacred, holy. A second category is secular; the third category of spirituality is evil. Each one of these categories produces "offsprings" corresponding to its nature. The category of holy spirituality produces offspring which is good, provides eternal bliss, and it strives for abstract intelligence, etc. The category of secular spirituality is characterised by its interest in the consumption of that which is aestethically pleasing, and that which provides enjoyment for the senses. The third category of spirituality is characterised by its interest in idolising every abomination. Its adherents commit every sin in the book. They steal, cheat, deceive, and consume mostly forbidden foods. They engage in illicit sex and indulge only in gratifying their lust, etc. These three categories between them comprise every human being, the good ones, the secular oriented ones, and the evil ones.

8Inasmuch as the Jewish people belong to the holy category of spirituality, G'd has commanded them not to taste i.e. absorb things which characterise evil, be it in the form of food or drink, speech or thought, or even perceptions that are of a visual, aural or of an olfactory nature. Prohibited foods (i.e. the sense of taste) comprise such things as eating living tissue, eating unclean animals, eating reptiles and insects or diseased animals, or even animals which died a natural death. Forbidden drink includes the consumption of wine designated for idolatrous purposes, wine made from grapes of vines which are less than four years old, etc. Forbidden speech includes lying, slander, coarse language, character assassination, etc. Forbidden thoughts include the study of idolatry with a view to practicing it, fantasies of an erotic nature, considering oneself superior to others, pride, etc. Forbidden use of one's vision include examining a woman's physical beauty, as elaborated on in the Zohar Kedoshim page 83. Forbidden sounds include listening to women sing, etc. Forbidden smells and fragrances include forbidden smells such as the incense offered in pagan rites. In all these matters there are secular as well as sacred elements. G'd decreed that it was mandatory to observe the sacred elements whereas it was permitted to take advantage of the secular elements. Whenever a person associates himself with one of either of these elements by making use of them, his soul forms some kind of attachment with the root underlying such element be it positive or negative.

9Seeing that this is so even a pure soul is subject to some degree of contamination when its owner gets involved in one of the secular elements. As a result, such a person (body as well as soul) will experience a process of afflictions either in this world or by the soul alone in the Hereafter to cleanse him of that contamination. This is the mystical dimension of the "laundry" mentioned in Shabbat 152 where the soiled souls are described as being handed over to the "washer" after death before they can take their seat at the king's table. During the period the "clothes" are being washed their owners are incarcerated. You should appreciate that once a forbidden category of spirituality has made contact with a person, that person's soul in turn develops a yearning for that particular category of the forbidden. The attraction between them is mutual. When a soul (personality) has become infected with the impurity represented by adultery, such a soul will begin to develop a yearning for this kind of impurity. The same holds true of all other categories of the forbidden. A person's desire to partake of evil increases in direct proportion to the quantity of evil he has absorbed and the frequency with which he has done so. On the other hand, a person's path to saintliness is similarly accelerated in proportion to the efforts he makes to distance himself from evil and to embrace only what is sacred and holy. The rule one must remember is that there is nothing in this world which does not contain elements of either negative or positive spirituality. Our only yardstick for knowing what contains negative spirituality is that which is forbidden by the Torah. In his volume Sefer Hayashar chapter 9, Rabbeynu Tam writes that when examining a number of personalities (נפש) as to their inherent tendencies, one will find that some people have absolutely no inclinations to commit adultery whereas others have. The difference is accounted for by the owners of these respective personalities having absorbed negative spirituality. Once a sufficient amount of such evil has been absorbed it is almost impossible for that personality to hate evil sufficiently for that hatred to be of assistance in combating evil tendencies. This is the mystical dimension of what we are taught in Sukkah 52 that man possesses a relatively small organ (male organ) whose demands grow in proportion to the freedom one grants it to satisfy its desire and which becomes progressively more satiated in proportion to the frequency with which it is denied its desire.

10There are people who display a strong tendency towards evil, a tendency which intensifies as they grow up, whereas others can control their evil urges with ease and are able to repent and find their way back to innocence with relative ease. Such tendencies are the result of the composition of their respective life-force at the time of conception. The holy thoughts and aspirations of the parents at the time of marital intercourse determine to a large degree the natural tendencies which we will observe in their offspring. If a parent concentrated on physical gratification at the time he engaged in procreation, he cannot be surprised if he transmitted tendencies of the desire to fulfil himself sexually to his offspring. If at the time the father indulged in marital relations with his wife he fantasized about some other woman's body, he cannot be surprised if his offspring develops adulterous or promiscuous tendencies. [This concept is not dissimilar to present-day theories about the genetic material injected into the sperm determining the quality of the body. In this case we speak about "moral" genetical material. Ed.] We have an interesting story about this in the Eyn Yaakov on Berachot 10. King Chiskiyah had failed to marry having seen with his mental eye that his offspring would not be worthy. He fell sick, and Isaiah told him to make his last will and testament as he was going to die. When he challenged the prophet why death at such an early age had been decreed upon him the prophet accused him of failing to fulfil the first commandment of the Torah, to procreate. He did not accept Chiskiyah's reason for not marrying and told him that the worthiness of his children was G'd's concern, whereas his only concern should have been to keep G'd's commandment. In the course of the conversation Chiskiyah suggested to Isaiah that he should give him his daughter in marriage and that perhaps their combined merits would suffice to produce worthy children. After refusing initially, Isaiah agreed in the end. The result was that Chiskiyah produced two idol-worshipping sons Menashe and Ravshakeh. Menashe and Ravshakeh may have been born with idolatrous tendencies due to thoughts which their father had entertained at the time he begat them. If one observes a person who has always conducted himself in the most pious manner commit an obvious sin, one must assume that he was not aware that he committed such a sin. Our argument that the various manifestations of spirituality we encounter contain both positive and negative elements is best proven by the tree of knowledge. The fact that G'd planted that tree within גן עדן is proof that it contained positive elements. G'd's garden is certainly not a place in which He had planted evil incarnate. Bereshit Rabbah 21, claims that if only Adam had waited till nightfall before eating the fruit of the tree of knowledge he could have used the juice to proclaim the sanctification of the Sabbath with it. [I have not found this in the section of the Midrash quoted. I presume this is based on the prohibition applying only "on the day you eat from it," as opposed to "the night you eat from it," etc. Ed.] This is in accordance with the view expressed in Sanhedrin 70 that the tree of knowledge was the grapevine.

11In view of all the above you are bound to ask how it was possible that sainted patriarchs such as Abraham and Isaac could have fathered such sons as Ishmael and Esau respectively? The answer is that they carried within themselves residual evil bequeathed to them by their forefather Terach who was an idol worshiper. When Abraham was born he contained elements of such tendencies. Abraham was able to suppress and isolate such tendencies by dint of his character; the residue of such suppressed tendencies resurfaced in Ishmael, however. Nonetheless Abraham was not yet totally free from the residual evil tendencies bequeathed to him by his father so that even Isaac was born with them. Isaac, in turn, suppressed them and isolated them by means of his enthusiastic pursuit of holiness. He was so successful in this regard that our sages in Bereshit Rabbah 63,8 state that Esau had to be born first so that by absorbing the residue of negative spiritual input remaining from earlier ancestors, Jacob could emerge free from such taint.

12Let us now examine what happened when Jacob married. Since he was born without negative spiritual residue, why did he produce a Reuben who demonstrated some negative traits? This could only have been due to Jacob's thoughts at the time he conceived Reuben not having been perfect. Jacob's purity of thought and his deed were not perfectly matched at that moment. Our sages in Nedarim 20 list nine categories of children who are spiritually defective from the time of their conception; one of these categories is the child of a man who has two wives and who at the time of marital relations believed that he was in bed with his other wife. Although Jacob's situation was different in that he had every reason to believe that he was in bed with Rachel, the objective fact was that he did not have the correct thoughts at the time. This is proven by the fact that Reuben later became guilty of a misdemeanour involving his father's bed, something that not one of the other eleven sons of Jacob ever became guilty of. Even Joseph who was exposed to sexual harassment of a very intense nature did not succumb. While it is true that the Talmud in Shabbat 55 states that if someone accuses Reuben of having committed a transgression such a person is in error, this referred merely to the legal aspect of the matter, not to its moral implications.

13As to Yehudah sleeping with Tamar- something which suggests something less than 100% chaste behaviour by a son of Jacob- there are two answers. 1) First of all, he had no idea that she was his daughter-in-law; 2) the fact that an angel arranged things in such a way that he was actually acting under some kind of duress as explained by our sages in Makkot 23 on Genesis 38,26. The word ממני in that verse is understood by our sages as referring to a heavenly voice which claimed that the whole incident had been engineered by heaven. Since we do not have an allusion to such heavenly intervention in the case of Reuben, we are entitled to blame him for his act.

14I have seen a comment by the outstanding scholar Rabbi Yehudah Rosenis in his volume Parshat D'rachim in which he comes to the defence of Reuben claiming that the status of Bilhah was that of a woman who had been seduced by his father Jacob, something he derives from her description as "his father's concubine." This means that Bilhah had never been betrothed to Jacob; l cannot agree with this. I am convinced that Jacob acquired Bilhah by betrothing her to him in the traditional manner as l have explained at the appropriate place (Genesis 30,3). As to the term "concubine" used by the Torah in 35,22, perhaps that was what Reuben thought. He was in error, however, and that may have accounted for his conduct. Alternatively, the Torah hinted at the reason that Reuben disturbed his father's bed. He argued that not only had Jacob down-graded his mother Leah during Rachel's lifetime, the fact that he slept primarily in Bilhah's tent now that Rachel was dead was an even greater insult to his mother. Her place had now been usurped by a mere concubine. The facts of the matter are that Bilhah had always been a proper wife of Jacob; this is why the Torah describes Reuben's action as equivalent to having slept with one of Jacob's wives.

15Having said all this we understand the words of the Zohar according to which the cause of the problem was that Jacob had thought of fathering his firstborn son Joseph at the time he was sleeping with Leah. This is precisely what Ezra had in mind when he described Reuben's losing his birthright in the Book of Chronicles I 5,1. Had Jacob been thinking of Leah at the time he slept with her, Reuben would never have been capable of the deed ascribed to him.

16We are now able to explain the various verses beautifully. When Jacob was about to deprive Reuben of his birthright he was poignantly aware that if one of his sons had displayed such a moral weakness he had to look for the source of that weakness in something he himself had been guilty of. The cause was, as we explained, that the father had bequeathed to his son some spiritual values be they positive or negative. Inasmuch as Reuben's sin consisted of a sexual aberration, Jacob was anxious to distance himself from the accusation that he was a contributory cause to Reuben's behaviour. He was afraid that in his heart Reuben would accuse his father of being the cause that he was capable of such a mistake. This is why he said first: "Reuben you are my firstborn." People who are guilty of adulterous behaviour fall into 3 categories. 1) They commit adultery and as a result father children who are morally inferior. 2) They commit adultery but do not cause their partner to become pregnant. Such intercourse can again be subdivided into several categories such as intercourse with a married woman which fortuitously does not result in that woman becoming pregnant. Alternatively, the adulterous male engages in intercourse with another male, or he ejaculates outside his female partner. Finally, he might commit the "act" only in an erotic dream at night, accidentally. 3) A person arouses himself by means of erotic thoughts. All of the afore-mentioned are degrees of actions which are abhorrent to G'd. Jacob referred to all three alternatives by saying to Reuben: "my firstborn," "my strength," "my vigor." When he said בכודי אתה, "you are my firstborn," he meant that he had not fathered any child prior to Reuben. Neither had he slept with a woman without benefit of betrothal and marriage certificate as this also would not have been appropriate. He then continued to say כחי, "my strength," meaning that he had not emitted sperm previous to that occasion. When he continued: ראשית אוני, "the first of my strength," he meant that he had never done anything that could be subsumed under any of the headings of adulterous behaviour we have listed.

17When Jacob said כחי וראשית אוני, he also hinted that Reuben was the result of the first drop of semen he had ever ejaculated. This is an indication that Jacob had not slept with a virgin, as a virgin could not have become pregnant from her first intercourse. Instead, Jacob had removed the hymen with his finger in order not to let a single drop of his semen go to waste deliberately. This was a further indication that his physical passion did not dominate him and that he did what he did as a sacred duty only. As a result, Reuben had absolutely no reason to blame Jacob's past conduct for any of his own shortcomings. Jacob told Reuben all this not in order to boast about his piety and self-control but in order to be sure that Reuben did not suspect him of being implicated in any way in his having defiled his father's bed.

18Jacob added the words יתר שאת ויתר עז as an allusion to the double portion of his father's inheritance that the firstborn is entitled to. Jacob had referred to this when he said: "you are my firstborn." On the other hand, there are other distinctions such as the priesthood and royalty which are not necessarily tied to being the firstborn. There are occasions when such honours are bestowed on people who are not firstborn. Reuben had also forfeited the chance to receive such honours.

19Jacob may also have been telling Reuben that the honours of priesthood and Royalty which he would have been entitled to more than any other firstborn and which far outweighed other hereditary advantages of the firstborn he had also forfeited by his behaviour.

20Up until this point Jacob dealt with the fact that he himself had not been at fault in the matter. From this point on Jacob proceeds to list the reasons that Reuben forfeited the privileges which come with being a firstborn. He deals with the distinctions Reuben has forfeited as well as with the roots of the mistake he committed.