BS”D
Heavenly Decrees
Today I’d like to further discuss something of vital importance in Judaism. As is known, mitzvos fall into 3 categories: Mishpatim (משפטים), Eidus (עדות), and chukim (חוקים). Mishpatim are mitzvos which, even if the G-d did not give us the Torah, the human intellect would obligate us to follow (such as not to murder or steal). Eidus are mitzvos which would not be an intellectual obligation, were it not for G-d’s commandment otherwise. One example is Shabbos, as who would naturally think, in pursuit of maximum income at their jobs, that one should have one day of the week fully separated from worldly things? The third category, Chukim, are mitzvos which do not have an intellectual reason, but are truly heavenly decrees which stand against human logic. The traditional example brought is that of the פּרה אדומה (Red Heifer), a mitzvah which does not operate at all on human logic, but is rather clearly a divine decree. While mitzvos fall into these categories based on our own intellectual capacities, at G-d’s level all mitzvos are equal, all mitzvos are pure, unadulterated expressions of divine will, and they are all divine decrees, not to be taken lightly, and how much moreso not to be questioned or ignored.
However today’s issue arises from an error in human understanding on two mitzvos, which are often misinterpreted as Eidus, when in fact they are Chukim. The first mitzvah in question is that of Shiluach HaKen (sending away the mother bird). The Torah says “If you come upon a bird’s nest on the road, send away the mother bird and do not take the bird with its eggs”. This mitzvah is known as the “kal shebekalos” (lightest of the light) of all
The Rambam, in “Guide For The Perplexed” (Moreh Nevuchim), claims that this mitzvah is an expression of G-d’s mercies, that he has mercy upon the mother bird that she shouldn’t be there when someone takes her eggs. This is generally considered to be an incorrect assessment, and is against claims in the Talmud, as well as those of more modern authorities. Before I provide a more in-depth analysis of the reality of the mitzvah and its significance, the following must be understood: Moreh Nevuchim was widely panned by the Rambam’s contemporaries (and most modern poskim) as being inconsistent with a majority of Jewish belief. I once heard a parable about its role: that particular text was written with the intention of helping someone who has burned out and is having difficulty with the most basic of jewish beliefs - such as simply believing in G-d and recognizing his work in the world - but not at all for people who are already spiritually healthy. It can be thus compared to certain medicines in modern western medicine, which can save a person’s life if they are very ill, but the side effects can kill a healthy person. Moreh Nevuchim should therefore be approached only with care, and not at all by Jews who are spiritually healthy.
The Mishnah states (Berachos 33b) “Anyone who says [in their prayers] ’Your mercies should reach upon the birds’ nest’, ‘your name should be mentioned on the good‘ or ‘we give thanks, we give thanks‘, we silence him.” The Talmud goes on to explain that the reason for silencing the one who repeats “we give thanks” is because they appear as if they are thanking two different authorities (instead of one G-d), and the reason for silencing one who says “Your name should be mentioned on the good”, is because it would appear like they are attributing the “good” they experience to one authority and the [things that appear] bad to another authority, rather than recognizing that everything comes from above.
The Gemara then wonders about the reason why we silence someone who calls Shiluach HaKen an expression of G-d mercies. As it continues: “Two sages from the west dispute the reason behind this statement, and they are Rebbi Yossi Bar Avin and Rebbi Yossi Bar Zvidah. One says ’because they place jealousy upon the creation of the world’ (as Rashi explains, that they imply that Hashem’s mercies are limited to this one situation), and the other one says that ’they imply that Hashem’s mitzvos (the typical translation of the word here “מדותיו” is “attributes”. However, Rashi explains that the intention here is to imply “מצותיו”, meaning commandments) are because of Hashem’s mercy, when in fact they are heavenly decrees.’”
The second mitzvah at issue is the prohibition of cooking milk and meat together (busar b’cholov), as well as the scriptural prohibition to benefit and eat from a mixture of milk and meat cooked together by a jew. Many people I have met outside of orthodox judaism (both people that I grew up with, and jews I have met in the street or at community events) have claimed that this commandment is an expression of G-d’s mercy, as he does not allow a kid to be cooked in the mother goat’s milk, as is the literal translation of the verse. This analysis is inaccurate, as this mitzvah likewise qualifies as a heavenly decree, rather than a mitzvah that can be understood or related through from logic. If the mitzvah was one of logical basis, it would apply across all animals which have mothers’ milk, whether or not they are kosher, and would perhaps apply to the idea of cooking a hen’s eggs with its own meat, for consistency’s sake. Furthermore, it would only apply for cooking an animal in its mother’s milk, not the milk of another animal, or even another species. Instead, a person violates the prohibition of busar b’cholov scripturally by cooking the meat of any kosher domestic animal in the milk of any kosher domestic animal. If this were a logical mitzvah, would the prohibition not be universal? The milk and meat of kosher wild animals and cooking meat of birds in the milk of kosher animals is rabbinically prohibited due to similarities to the scriptural prohibition, but one who cooks a non-kosher animal (like a pig) in it’s own mother’s milk (although why a jew would ever need to do this is beyond me) does not violate any prohibition. These ideas are outlined clearly in The Tur and the Shulchan Aruch, in Yoreh Deah, Chapter 87, Hilchos Busar B’Cholov.
Shiluach HaKen can also be questioned in this way, and one will find that it was clearly intended to be a divine decree, rather than an injuction based on logic. If it was based on logic, and it was as such an expression of G-d’s mercy, why would this mitzvah only apply for birds? While it is true that you are not allowed to slaughter a mother and child deer on the same day (separate mitzvah altogether), trapping them both on the same day - or even both at once - is not prohibited. Even for other, domesticated birds (like chickens) there is no scriptural obligation to send away the hen before taking the eggs.
That being said, even though it is a reasonless mitzvah, it is also one of the few mitzvos for which the Torah specifies a reward: in order that Hashem should gift you with a long life… the same reward as that for honoring one’s mother and father.
The Talmud Yerushalmi (Jerusalem Talmud, Peah, Chapter 1: Halacha 1) discusses the consequence of this in short, commenting that “The Torah compares the lightest of the lightest mitzvah to the heaviest of the heaviest mitzvah. The lightest of the light? That is Shiluach HaKen. The heaviest of the heavy? This is honoring one’s mother and father. The stated reward for both is to gift that individual with a long life.” The commentaries point out that the reason for this is to discourage people from sitting back and measuring out mitzvos, and then only doing the ones they think have great reward, and ignoring those that they deem less important. Rather, one must always do the mitzvah in front of them, rather than delaying and looking for a more important or more significant one.
Thus the main message of this piece: When a mitzvah is in front of you, do it and don’t delay. Don’t try to rationalize or assign reasons to the mitzvah - there will be time to learn about it later. Do not look for another mitzvah, or try to measure whether the mitzvah is worth the expenditure you put into it. It always is. Through each and every one of us enthusiastically grasping onto every mitzvah that comes to our hands, and connecting ourselves to G-d’s will without complaint. Hashem will look upon us this Rosh Hashanah, for blessing, for revealed goodness, and for redemption.
