Tuesday, January 10, 2017

Yaakov Yosef and Eglah Arufah

Rashi quotes a Midrash in Parshas Vayigash 46:30 that when Yaakov Aveinu met Yosef, his son, for the first time in 21 years he said "Amusah Hapa'am"
מדרשו סבור הייתי למות שתי מיתות בטוה״ו ולעוה״ב , * שנםתלקה &גני שטנה" והייתי אומר שיתבעני הקביה מיתתן עכשיו שעורך חי לא אמות אלא ."* ,מגם אחת:
I thought that I would die twice once in this world and also in the next world. The first time because I let the Shechina leave me and in the next world because I would be considered liable for Yosef's death but now I know that he is alive and that the Shechina came back, all is good. Why would Yaakov think that he would be considered liable for Yosef's death?

Earlier in the Parsha 45:27 Yosef sent wagons to his father to bring him food Rashi quotes a different Midrash:
את כל דברי יוסף. סימן מסר להם במה היה עוסק כשפירש ממט בפרשת עגלה ערופה זהו שנאמר ררא את העגלות אשר שלח יוסף ולא נאמר אשר שלח פרעה:
The wagons were a secret sign between Yaakov and Yosef that they were learning the Sugya of Egla Arufah and it was symbolized by wagons. What does it mean that they were learning the sugya of eglah arufa? were they actually studying the sugya of Eglah Arufa? what kind of message  was Yaakov really trying to send to Yosef?

Lets explore the Parsha of Eglah Arufah.
כִּי-יִמָּצֵא חָלָל, בָּאֲדָמָה אֲשֶׁר יְהוָה אֱלֹהֶיךָ נֹתֵן לְךָ לְרִשְׁתָּהּ, נֹפֵל, בַּשָּׂדֶה:  לֹא נוֹדַע, מִי הִכָּהוּ.  ב וְיָצְאוּ זְקֵנֶיךָ, וְשֹׁפְטֶיךָ; וּמָדְדוּ, אֶל-הֶעָרִים, אֲשֶׁר, סְבִיבֹת הֶחָלָל.  ג וְהָיָה הָעִיר, הַקְּרֹבָה אֶל-הֶחָלָל--וְלָקְחוּ זִקְנֵי הָעִיר הַהִוא עֶגְלַת בָּקָר, אֲשֶׁר לֹא-עֻבַּד בָּהּ, אֲשֶׁר לֹא-מָשְׁכָה, בְּעֹל.  ד וְהוֹרִדוּ זִקְנֵי הָעִיר הַהִוא אֶת-הָעֶגְלָה, אֶל-נַחַל אֵיתָן, אֲשֶׁר לֹא-יֵעָבֵד בּוֹ, וְלֹא יִזָּרֵעַ; וְעָרְפוּ-שָׁם אֶת-הָעֶגְלָה, בַּנָּחַל.  ה וְנִגְּשׁוּ הַכֹּהֲנִים, בְּנֵי לֵוִי--כִּי בָם בָּחַר יְהוָה אֱלֹהֶיךָ לְשָׁרְתוֹ, וּלְבָרֵךְ בְּשֵׁם יְהוָה; וְעַל-פִּיהֶם יִהְיֶה, כָּל-רִיב וְכָל-נָגַע.  ו וְכֹל, זִקְנֵי הָעִיר הַהִוא, הַקְּרֹבִים, אֶל-הֶחָלָל--יִרְחֲצוּ, אֶת-יְדֵיהֶם, עַל-הָעֶגְלָה, הָעֲרוּפָה בַנָּחַל.  ז וְעָנוּ, וְאָמְרוּ:  יָדֵינוּ, לֹא שפכה (שָׁפְכוּ) אֶת-הַדָּם הַזֶּה, וְעֵינֵינוּ, לֹא רָאוּ.  ח כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל אֲשֶׁר-פָּדִיתָ, יְהוָה, וְאַל-תִּתֵּן דָּם נָקִי, בְּקֶרֶב עַמְּךָ יִשְׂרָאֵל; וְנִכַּפֵּר לָהֶם, הַדָּם.  ט וְאַתָּה, תְּבַעֵר הַדָּם הַנָּקִי--מִקִּרְבֶּךָ:  כִּי-תַעֲשֶׂה הַיָּשָׁר, בְּעֵינֵי יְהוָה.

When a body is found murdered outside a city and it is not known who killed that person, the leaders of the city must go to where the body was found and perform a whole ceremony. The elders and judges of the town must sacrifice a cow near where the body was found, wash their hands (as if to say our hands are clean of this murder) and state in front of  the Kohanim "Our hands did not spill this blood and our eyes did not see who murdered this person, please forgive your nation, etc." the midrash goes further to state: "Our hands did not spill this blood"- we did not allow the visitor to leave town without accompanying him. 

Why accompany someone leaving town? What does accompanying have to do with allowing a murder?

The obvious explanation is that the whole "Parsha" of Eglah Arufah is a lesson in Municipal responsibility. The judges and elders of any town, municipality, or city are responsible for the safety of their citizens. If someone is murdered within their municipal borders or even beyond their borders but closer to their town than to anywhere else they, the judges and elders, are responsible at least to track down and bring the murderer to justice. If they don't the blood is on their hands. How do they allow roving groups of bandits and/or murderers to kill people within their city limits. The leaders are called to task and have to perform this ceremony in front of the Kohanim that come from Yerushalim, the capital. The leaders sacrifice the cow in a ceremonial ritual and must state that they did what they could and were not negligent. The idea of not accompanying a traveler is to state to the bands of prowling bandits looking to prey on the vulnerable that we don't consider this person worthy of our attention. The would be murderers and bandits prowling the outskirts of the town are looking to prey on the most vulnerable citizens, ones that wouldn't have many people looking for their murderers. They wait outside the city looking to see who is allowed to leave without any accompaniment and then they pounce. The elders of the city must state unequivocally that this was not the case. We did accompany this person and did not show vulnerability to the bandits but it happened anyway. This is what the whole Parsha of Eglah Arufah is about. Showing the Koahnim that the elders of the city were not negligent in sending travelers on their way leaving their city without the proper protections. 

Getting back to Yaakov and Yosef. Yaakov grieved for twenty one years over his dead son. Having his favorite son die must have been devastating  but the feeling of guilt that he may have caused his death is what made Yaakov inconsolable. When Yaakov met Yosef he said Amusah Hapa'am, as the midrash states, Yaakov was worried that he would be punished in the world to come because he caused his death and that is why Yaakov was so overcome with relief when he met his son Yosef alive. 

Yaakov felt guilty because he had in fact been negligent possibly in allowing Yosef, a young lad, to travel out of town on his own looking for his brothers to send them a message from their father. This was EXACTLY the issue that the Parsha of Eglah Arufah is coming to address. You are not supposed to allow people that are in your care to leave the city limits without protections that would assure them safe passage. 

Yosef understands that his father Yaakov is still greiving and realizes that if he is inconsolable  after 21 years he must be feeling guilty that he caused Yosef's death and therefore sends him a message not to worry "I am alive" and you therefore do not have to worry about causing my death because I am in fact alive. That is the message encompassed in the wagons symbolizing the Eglah Arufa. 

Moreso, see Da'as Zekainim MiBa'alei Tosfos who says that Yaakov was stricken by the Malach and we therefore are forbidden to eat from the Gid Hanasheh it is because the sons of Yaakov were negligent in allowing Yaakov to go back alone as it states "Vayivaser Yaakov Levahdoh" and becasue it was Bnei Yisrael's fault for allowing him to leave on his own (similar to the Eglah Arufah issue) and the children did not provide Yaakov with a safe passage back tot he other side of the river we must atone for that sin and remember it by forever being forbidden from eating the Gid Hanasheh



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