Parshas Mishpatim
Among the many varied halachos contained in this week’s sidra are laws pertaining to different forms of murder. The Torah instructs that purposeful killers receive capital punishment and permits people related to victims of unintentional manslaughter to avenge the blood of their relative with the blood of his killer. However, the Torah provides an escape for unintentional murderers, guaranteeing that if they flee to one of the Arei Miklat (Cities of Refuge) scattered throughout Eretz Yisroel, the relatives of those they had killed would become legally powerless to harm them. In Parshas Ma’asei, the passuk states that there were six primary cities which served this protective purpose and another forty-two cities which were also granted the status of an ir miklat. In what clearly cannot have been a coincidence, the entire list of the forty-eight cities of refuge corresponded exactly to the list of the forty-eight cities designated for Levi’s share of land in Eretz Yisroel. In fact, Rashi in our parsha adds that before Klal Yisroel entered Eretz Yisroel and gained access to the official cities of refuge, it was the desert camp of the Levi’im that temporarily served the purpose of ir miklat.
One feels the question beginning to nag. What special connection existed between Shevet Levi and the perpetrators of unintentional manslaughter? It is certainly inconceivable to suggest that Shevet Levi was somehow involved in the killings. What relationship did Shevet Levi possess with the killers?
Rav Chaim Goldvicht, zt”l, prefaces his answer with a discussion on the root of unintentional manslaughter. When one kills unintentionally, he exhibits a certain level of negligence with respect to the safety of those around him and a general lack of appreciation for human life. Somebody who sufficiently valued his friend’s life could definitely be expected to make sure that no-one was in his immediate vicinity while, for example, he was performing potentially dangerous building work. One who was really worried about the life of another human being would never perform an act which could even possibly result in the death of his fellow man. Rav Goldvicht explains, therefore, that although such a killer may not necessarily be evil, he is clearly displaying a lack of value for life.
Rav Goldvicht then probes further, stating that the underlying reason one would possess a limited appreciation for the value of human life is that he lacks an involvement in true life. He lacks sufficient involvement in Torah and mitzvos. One who has never experienced the joy and meaning of a life filled with genuine avodas Hashem has never truly lived and cannot comprehend the immeasurable worth of life.
Before explaining the connection between the tribe of Levi and this deeper understanding of the root for manslaughter, Rav Goldvicht quotes a gemara to strengthen both the general concept that Torah is the only true life and the idea that one who lacks Torah possesses a lower degree of appreciation for life. In Maseches Pesachim (49b), the gemara states that it is forbidden to travel with an am ha’aretz (unlearned Jew). The gemara supports its ruling with the passuk “Ki hi chayecha v’orech yamecha – for it [the Torah] is your life and the length of your days (Devarim 30:20)”. The gemara warns that since an am ha’aretz does not learn Torah, he is considered to not pity his own life and therefore surely cannot be considered to pity the life of another. While the gemara is certainly not insinuating that an uneducated person may actually come to kill his traveling companion, Rav Goldvicht explains that he may be somewhat negligent with regard to the risky decision-making of traveling. One must decide whether to choose, for instance, a rocky mountain path which may shorten his trip, or a less dangerous path which may take more time. Having never experienced genuine avodas Hashem, an am ha’aretz does not value his life to the extent that he can be trusted making those risky decisions and is consequently considered a danger to his traveling companions. The gemara understands the passuk literally – hi chayecha v’orech yamecha, the Torah is our life. One who lacks an appreciation for Torah displays a lack of appreciation for life itself.
Returning to the question at hand, Rav Goldvicht then explains the reason that the forty-eight cities of refuge corresponded precisely to the forty-eight cities designated for the Levi’im. Perhaps the Torah’s intention in providing the arei miklat was not simply to grant unintentional killers a place of escape but to actively help them recognize the value of human life. The Rambam at the end of Hilchos Shemittah writes that Hashem consecrated the Levi’im to learn Torah and provide an example for other Jews to emulate. The Levi’im spent their entire day living a meaningful Jewish life involved in Torah study and the service of Hashem. Hakadosh Baruch Hu hoped that if unintentional killers would travel to a city of Levi’im, they would slowly begin to appreciate Torah study and comprehend what genuine life is all about.
When a person learns to understand the true worth of life he starts to appreciate its every minute. The gemara in Avodah Zarah (17a) relates an incredible story about Rebbi. During Rebbi’s lifetime, there lived a thoroughly wicked man by the name of Elazar ben Durdiya. After many years, he was finally inspired to teshuva. He began to cry out about his sins so intensely that his soul left him and he passed away. Immediately a bas kol (heavenly voice) proclaimed that Elazar ben Durdiya was ready to enter olam haba. When Rebbi heard the bas kol he began to sob. “Yesh koneh olamo b’sha’ah achas (there are those who acquire the world-to-come in one hour),” he wept. The Ruzhiner Rebbe explains that the holy tanna certainly did not begrudge Elazar ben Durdiya the good fortune of having had his teshuva accepted. Rather, Rebbi was crying over what the incident represented. Elazar ben Durdiya was a man who had spent his entire life involved in the worst aveiros. Yet he utilized his last moments on earth so productively that he succeeded in eradicating all remnant of sin from his soul. Rebbi saw the extent of what can be accomplished every minute and was afraid that perhaps he himself hadn’t used every second of life to its fullest. We must strive to appreciate the value of every moment and the opportunities granted by each second of life. Imagine how much we could accomplish if we spent every moment as properly as Elazar ben Durdiya spent the last minutes of his life!
If a person really comprehends the value of life then even if his life is filled with troubles he will still appreciate the great meaning his life unquestionably retains. The gemara (Kiddushin 80b) relates that Hakadosh Baruch Hu says of those who complain of troubles and hardships, “It’s enough that I gave him life!” Rav Chaim Shmulevitz, zt”l, explains that one who has life has the chance to grow closer to Hakadosh Baruch Hu – what can be more meaningful?
Rav Shach, zt”l, said that if you would take the time to record the myriad hardships and misfortunes which he had endured throughout his life, you would fill more writing space than used by all of the seforim he had written on the Rambam. Yet, he testified, he was happier than all those around him – because he had Torah. He possessed life itself and that is more important than anything else in the world.
May we be zoche to appreciate the value of true life, and attempt to utilize our every moment to its fullest.