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242 · Hilchot Shiluach HaKein                                      Tzurba M’Rabanan


          G-d] – but as for us, we follow only the second   the fact that there is no utility to Hashem from
          opinion.                                   the mitzvot, rather the utility [of the mitzvot] is
                                                     for Man himself to prevent damage, a destruc-
        In the opinion of the Rambam, mitzvot are more   tive outlook on the world, a despicable char-
        than simply arbitrary acts – they are useful and   acteristic, or to remember the miracles and
        effect a change in the world.  He writes that the   wonders that the Creator blessed be He per-
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        mitzva of Shiluach Hakein is meant to help hu-  formed. And this is the meaning of the phrase,
        manity to become kinder and more compassion-  “to cleanse them” – that they should be like
        ate, and ultimately to create a situation where the   pure silver, for the purifier of silver does not
        offspring of the bird are not taken at all.   simply do things without purpose, but rather
          The Ramban  writes about Shiluach Hakein   to remove all impurities [from the silver]. So
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        in a similar fashion. Initially, he brings two rea-  too, the mitzvot are to remove from our hearts
        sons for the mitzva: the Torah wants to make hu-  all destructive beliefs and to teach us the Truth
        manity more merciful (like the Rambam), and   and  to  remember  Him  always…  And  this  is
        secondly that the Torah is worried about extinc-  something agreed upon by all of our Sages.
        tion; were we to allow one to take the mother and   And the intent of all these [mitzvot] is for our
        the child the same time, the Torah would theo-  sake, and not for Him the Exalted One, but
        retically be allowing the both the offspring and   rather all that we were commanded is in order
        the source of reproduction to be killed at once,   that his creations be purified without any im-
        thus theoretically allowing for the extinction of   purities of thought or action.
        the entire species. After this brief explanation of
        the mitzva, he launches into an exploration of the  The Ramban here lays out the idea that mitzv-
        purpose of mitzvot in general in the Rambam’s  ot are not mystical actions which affect a sphere
        thought:                                  above our comprehension, changing G-d. Rath-
                                                  er, he argues quite forcefully that the mitzvot are
          And this is the general idea that the [Rambam]   for us, humans, to make us better. They are aimed
          extrapolated about mitzvot which have a rea-  at inculcating proper values and thoughts into
          son: It is exceedingly clear that there is in every   our every moment, to purify us. In this sense, ex-
          [mitzva] a reason, purpose, and advantage   plains the Ramban, the mitzva of Shiluach Hakein
          to Man, apart from the reward from the One   is to teach humanity mercy and compassion.
          Who commanded them, may He be blessed.     On the opposite side of the spectrum, we
          And this is what the Sages of blessed memory   find the opinion of the kabbalists.  Rabbeinu
          wrote … And it is clear that there is nothing   Bechaya  suggests three separate approaches for
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          stopping one from understanding the Torah   the mitzva; a simple explanation, a rational expla-
          except for intellectual blindness, and that they   nation, and a mystical explanation. The first and
          have already been revealed, even those most dif-  second reason match those of the Ramban that
          ficult among them, to the Sages of Israel …  we brought above, namely that the Torah is aim-
          And these aggadot which were used to question  ing to make humanity more merciful, and also
          [the Rambam] are talking about something else  wants to prevent extinction. The third is essen-
          entirely in my opinion. They are talking about  tially two kabbalistic reasons. The first concerns


        12.   For further iyun, see Moreh Nevuchim 3:26
        13.  Devarim 22:6
        14.  Devarim 22:7


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