Or HaChaim on Leviticus 26:15/אור החיים על ויקרא כ״ו:ט״ו

1 ואם בחקתי תמאסו, "And if you will despise My statutes, etc." Why did the Torah have to repeat the conditional word ואם once more instead of being content with the opening word ואם in the previous verse? Besides, why did the Torah write בחקתי instead of merely חקתי תמאסו, "you will despise My statutes?" The letter ב is no more appropriate for describing a negative attitude to G'd's statutes than it would have been to the reference about G'd's social laws of which the Torah merely says את משפטי תגעל נפשכם, "your soul abhors My social laws" without adding the letter ב in front of the word משפטי. Moreover, why does the Torah again use the word ואם when speaking of our attitude to G'd's משפטים? Why did the Torah not simply lump together our attitudes to both G'd's statutes and G'd's social laws by writing ואם בחוקותי תמאסו, or something similar? Furthermore, why does the Torah describe the attitude of the sinners to the "statutes" as one of מאוס, i.e. "despicable," whereas the attitude to the social laws is described as תגעל נפשכם, "something your soul abhors," i.e. a stronger form of rejection? Having already described the sinful Israelites' attitude to G'd's respective commandments, why did the Torah have to elaborate that "they would refuse to carry out all these commandments?" The Torah had already mentioned in verse 14 that we speak about a situation when the Jews would not carry out the positive commandments! We had offered an explanation to that statement but we must not forget that the verse must make sense as it is written! What does the Torah mean by adding: "to break My covenant?"

2Clearly, we must understand the wording of these verses as corresponding to the manner in which Satan operates in seducing us into neglecting G'd's commandments. Satan is clever enough to attack the weakest link in the chain, i.e. observance of the commandments called חקים, the ones for which the Torah does not offer a reason and which we ourselves find impossible to rationalise. Satan appeals to us on two fronts; on the one hand he claims that it is impossible to believe that someone as clever as G'd could have legislated laws that appear to make no sense. Alternately, he argues that granted that G'd may indeed have legislated such a law, but surely the legislation was not meant to be understood literally. Once Satan finds that he has the attention of his prospective victim he begins to attack other commandments also even though they appear to have good reasons. He will then easily inveigle his victim to transgress one of G'd's commandments due to some ficticious argument he presented. The doubts he sowed in his victim's mind previously had already caused the victim to become somewhat removed from holiness. Once a person has committed the first sin without experiencing negative fallout it becomes ever easier for his evil urge to lead him further astray. Eventually the evil urge will convince a person that instead of facing punishment for each one of his transgressions he might as well commit a trangression of a cardinal nature and face only a single punishment for that transgression, i.e. his treason against the covenant he became a party to at Mount Sinai.

3The verses we have here confront the different stages of seduction and deception by the evil urge. The Torah first deals with the opening argument of the seducer which was aimed at undermining observance of the חקים by saying "if you will despise those of My commandments which have no rationale;" our sages in Bamidbar Rabbah 19, portray both Satan and the nations of the world as questioning the reason for the law of the red heifer. The letter ב in the word בחקתי, is a letter denoting a reason. You may translate the verse as: "If you despise My statutes because they do not have a rationale, etc." The Torah continues with the word ואם, leading to the next level of seduction by Satan, i.e. that you may follow up your initial sin by even transgressing some negative commandment. The additional ואם also means that there is separate culpability for failing to observe negative commandments.

4Concerning the second assault on us by Satan, his attempt to seduce us further, the Torah writes ואם את משפטי תגעל נפשכם, this is a reference to commandments for which there is ample rationale. The reason the Torah uses the stronger "your soul loathes them" is that unless one did so what possible reason could a Jew have to defy those of G'd's laws which are demonstrably beneficial and reasonable? Ignoring G'd's statutes could at least be due to one's failure to appreciate the purpose of that legislation.

5Another reason why the Torah attributes non-observance of the social laws to such strong feelings on the part of the sinner may reflect a statement in the Sefer Hayashar by Rabbenu Tam chapter 9 who views an attitude such as described here as reflecting a diseased psyche and body. Berachot 61 describes this as saying that the wicked are judged by their evil passions. This is the reason the Torah writes לבלתי עשות את כל מצותי, such people object to doing anything which G'd has said merely because G'd has said it. Finally, the words להפרכם את בריתי are the Torah's reference to Satan's ultimate challenge when he asks his victim to commit a provocative act against G'd justifying it by promising his victim that he then will have to face only a single penalty namely the one for that ultimate act of rebellion. The Torah goes on record that the prospective sinner should not be deceived but that he would be held culpable for all his transgressions. We also have this spelled out in Ezekiel 25,8 and Ezekiel 20,33 respectively. Satan had argued that the same rules which apply to mankind at large also apply to Yehudah (25,8), whereas the prophet threatens Israel in the name of G'd that it will be treated with G'd's full retributive arm (20,33).

6The verses under discussion may also be understood along the lines of the Zohar volume 1 page 100 that in order to achieve perfection in one's service of the Lord three ingredients have to be present, i.e. thought, speech, and deed. By repeating the word ואם, the Torah alludes to all of these three factors. The words ואם לא תשמעו refer to a flaw in one's speech when serving G'd; the words ולא תעשו refer to a flaw in the deeds required when serving the Lord. The words ואם בחקתי תמאסו refer to flaws in the thought processes which accompany one's service of G'd. Inasmuch as one's thoughts are generated both in one's brain and in one's heart, the Torah employed the term תמאסו when speaking about thoughts originating in one's brain, whereas it used the term תגעל נפשכם when referring to thoughts originating in one's heart.

7It is also possible that the Torah speaks here about three different spiritual levels that are present amongst the Jewish people. One level comprises the Torah scholars, the spiritual elite of the people whose principal concern is Torah and service of the Lord. Concerning this group of people the Torah says ואם לא תשמעו לי, "if you do not hearken to Me, etc." Seeing that this group of people have to be most circumspect in their performance of the commandments it is essential that they listen to every detail of the Torah's instructions else they forfeit their very lives. We are given an example of this in Yuma 86 where the scholars themselves debate the nature of the sin of desecrating G'd's Holy Name. What may not be considered as desecration of the Holy Name for one person may yet rank as such for another, depending on his stature in the community. Rav said that if he entered a butcher store and did not pay immediately this would be accounted as a desecration of G'd's name (seeing onlookers would assume he received it for free as a sort of bribe.) Rabbi Yochanan said that if he walked around for a distance of 4 cubits without Talit and phylacteries this would be accounted against him as the sin of desecrating the name of the Lord. Concerning such people the Torah wrote: "if you will not hearken to Me." The Torah adds: "and you will not perform all these commandments." What is meant by the word all is that such Torah scholars must observe the commandments down to the very last detail otherwise it would be held against them as a great sin. There is another category of Jews who are not well versed in the Torah but who are intelligent and certainly understand the difference between right and wrong, and who are careful to practice the virtue of gratitude. Concerning this category the Torah writes ואם בחקתי תמאסו that if they display disdain for the statutes because they do not understand their reasons G'd will punish them although He will not punish them for performance of the commandments without attention to all the finer points. There is a third category, the fools, whose knowledge is so limited that they will not perform the statutes at all, but not because they despise them. Concerning this latter category the Torah writes: ואת משפטי תגעל נפשכם; G'd will hold such fools responsible for their sins only if they loathe social laws which even they are fully conversant with and the need for which they can fully understand. This latter category of people will not be punished by the penalties listed in the remainder of this chapter. G'd will treat them as if they had sinned inadverently.

8לבלתי עשות את כל מצותי, "not to carry out all My commandments." G'd limits retribution to people who are still bent on defying Him by not performing the commandments. If such people have changed their attitude and plan on observing the commandments G'd will hold off punishing them until they have had a chance to prove their penitence. G'd may even hold off punishing people who have not yet expressed the intention to mend their ways but concerning whom G'd knows that they will do so.

9להפרכם את בריתי, "to break My covenant." G'd makes the punishments in store for the Jewish people in the verses following dependent on their intention to break the covenant by their failure to observe the Torah. People who violate G'd's commandments merely because it is less burdensome for them or they believe they will enjoy life better by doing so (מומר לתאבון) are not included in what the rest of this chapter threatens in the way of retribution. Torat Kohanim writes as follows on the verse ואם לא תשמעו: "There are people who do not study the Torah but they do observe its commandments. Concerning such people the Torah wrote that they will be punished only ולא תעשו, if they fail to observe the commandments. There are other people who neither study nor practice Torah laws but they do not despise others who are observant. Concerning such people the Torah writes that as long as they do not despise G'd's statutes the list of retribution which follows does not apply to them. All those who neither study, nor perform and at the same time despise others who are observant and who hate the Torah scholars to boot are included in the description תגעל נפשכם. Finally, there are people who actively prevent other Jews from observing the commandments. This latter category is meant by the words לבלתי עשות, 'they do not let others perform.'" Thus far Torat Kohanim. According to what we have just quoted from Torat Kohanim one forms the impression that the whole chapter of the retribution G'd threatens is addressed only to the final category of sinners who not only anger G'd on purpose but interfere with the observance of the Torah by other Jews. If so, we must ask ourselves why the Torah bothered to list any of the other categories of sinners altogether? The reason the Torah was not content to list only the last category of sinner is that the Torah wanted to describe the stages that lead a sinner to eventually become so entrapped by his evil urge that he even prevents other Jews from observing their religion. When reading the entire passage one appreciates the terrible consequences which ensue if one takes the first step in ignoring our traditions. This is what Jeremiah 9,12 had in mind when he describes the loss of Jewish statehood as due to the people forsaking the Torah and not listening to G'd's voice. It is the first step away from tradition which is crucial.