Breishis – The Law of the Land

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According to the Sifsei Chachamim the first Rashi (written by Rav Shlomo Yitzchaki) on Chumash is a question asked and answered by his father:  בראשית” IN THE BEGINNING — Rabbi Yitzchak said: The Torah which is the Law book of Israel should have commenced with the verse (Exodus 12:2) “This month shall be unto you the first of the months,” which is the first commandment given to Israel. What then is the reason that it commences with the account of the Creation?
Many commentaries explain the basis of this question. The Gur Aryeh points out: “Even though there is no story in the Torah which is not needed, (even the fact that the sister of Lotan was Timna), as pointed out in Sanhedrin perek Chelek, but since the name ‘Torah’ is only meant for the mitzvos of the Torah, because the word Torah comes from the word hora’ah, (which means teaching) to teach us the actions we should be doing. Therefore the Torah of Moshe is called Torah for in it only the mitzvos are written. You should know that the Book of Iyov was also written by Moshe as stated in Bava Basra 5b, and if one would write the Book of Iyov inside a Torah it would be forbidden to be read in a congregation. That is why he asked why there was no need to write [these stories in the Torah] etc.”

The Ramban, with a slightly different take on the question, ponders: “One can say that in fact there actually is a big need to start the Torah from the creation of the world, for it is the root of our beliefs. One who does not believe in this, and thinks that the world is ancient, denies everything and has no Torah at all! But the answer is that what happened by creation is really a very deep secret which cannot be understood from just the pesukim, and it is only understood in all its clarity according to the oral tradition that dates back to Moshe Rabbeinu who heard from the Mouth of The Almighty, and knowledge about it must be hidden in secret. This is why Rabbi Yitzchak said the Torah did not have to start from creation, and the story of what was created on the first day, and what was done on the second day, and all the other days, as well as all the detail of forming Adam and Chava, their sin and punishments, and the story of Gan Eden and Adam’s banishment from there; all this is not fully understood from what is written in the Torah. Definitely the story of the generations of the flood and the Tower of Babel, which there is not great need for them to be mentioned. The People of Torah could have done without these writings, and would have believed in them based on the hint mentioned in the Ten Commandments: ‘For in six days Hashem made the heaven and earth, the sea and all inside it, and He rested on the seventh’ (Shemos 20:11). The specifics could have been left for certain individuals to know through halacha liMoshe miSinai, oral transmission, through the Oral Tradition.”
Basically the question is: why does the Torah have to start with all these stories if it is really supposed to be a list of mitzvos? Why can’t you put the stories in a separate book like the Book of Iyov, which was written by Moshe Rabbeinu as well but was include in Writings (Kesuvim)? Or don’t put any of it into writing since it is so complex; it should just be known and understood by the individuals that can understand it, passed down from generation to generation through the Oral Torah dating back to what Moshe received with the Written Torah on Har Sinai?

To answer Rashi quotes his father to say : “Because of the thought expressed in the text (Psalms 111:6) ‘He declared to His people the strength of His works (i.e. He gave an account of the work of Creation), in order that He might give them the heritage of the nations.’ For should the peoples of the world say to Israel: ‘You are robbers, because you took by force the lands of the seven nations of Canaan’, Israel may reply to them: ‘All the earth belongs to the Holy One, blessed be He; He created it and gave it to whom He pleased. When He willed He gave it to them, and when He willed He took it from them and gave it to us’ (Yalkut Shimoni on Torah 187).”
There are many commentators who struggle to understand his answer, but we are going to focus on the Ramban. The Ramban says that the creation of the world, Adam and Chava’s banishment from Gan Eden after they sinned, the punishments of the generation of the flood (with one righteous person escaping with his children), and the Tower of Babel (with that generation being spread out and settling in different lands according to their families), are lessons to teach us that it is appropriate that when a nation continues to sin they lose their place and another is elevated to replace them in inheriting their land, for this is the law of G-d in the land forever. All the more so the Canaanites, who are cursed and shall forever be slaves (Brieshis 9:27), who didn’t deserve to inherit the chosen area, but rather it rightfully belongs to the beloved servants of Hashem, in order that they observe the statutes and laws of their Creator. Meaning, Hashem abolished those that rebelled against Him, and brought in His servants who knew that through serving Him they would deserve to inherit the land. And, if they would sin, the land would vomit them out, just as it vomited the nation that came before them.

The Gur Aryeh sums up the Ramban by saying: “And the Ramban also wrote that all the mitzvos in the Torah are the laws of G-D in the land, meaning all the mitzvos in the Torah are applicable specifically in The Land [of Israel]. It is also written in Sefer Melachim: ‘When the Jews were exiled and non-Jews settled in the land, and they did not know the Laws of G-D in the land, Hashem sent against them lions’ (Melachim Beis 17:26,) we see from here that the Torah is G-D’s law of the land.”

The Gur Aryeh goes on to say: “And you should delve into the words of the Ramban in parshas Toldos on the posuk, ‘and kept My charge,’ (Breishis 26:5), and therefore it needed to be written in the Torah that according to strict judgement the land came to the Jews, for He created it and He gave it. One can ask that it now makes sense why the Torah portion of Breishis is in the Torah; but why all the other stories, why were they written in the Torah? But this also is not really difficult to understand, for if the Torah portion of Breishis was the only story written down to say that The Holy one Blessed Be He created and gave to whom He felt was proper in His eyes. The nations will answer that ‘This is a lie, The Holy One Blessed Be He did not give the land to you, for He does not exercise judgement without first judging, for why would He take the land away from the nations and give it to the Jews?’ But now that the entire story of all the generations angering Hashem until Avraham comes around and received all their reward, the land was then taken away from the nations and given to his children as an inheritance, but not to all his children, for He said to Avraham, ‘You shall know that your offspring will be a stranger in a land not theirs and they will be enslaved etc.’ This was not fulfilled through the offspring of Yishmael and Esav, only through the offspring of Yaakov, for Hashem brought them into servitude and fulfilled ‘And also the nation that they have served, I will judge…’ until ‘And this month shall be for you,’ therefore the entire story had to be written down that the Jews were in servitude and were redeemed, and therefore the giving of the land was to Yisrael and not to Yishmael or Esav.”
The Land of Israel is only a speck on the map, not even as large as New Jersey. There are much vaster and larger, as well as more beautiful, pieces of land throughout the world, like the Alps, the Rockies, the Himalayas, etc. Strategically, it is not bordering any major oceans like e America, Africa, parts of Europe, China, etc. One can always go around Israel to Africa, or from Africa to the Middle East, the same route the Jews took when going out of Egypt. So why is everyone so resolute in working to discredit the Jewish claim on the Land of Israel?

The reason is because everyone knows there is something special about the location; but what they don’t realize is why it is special; what or who makes it special. They don’t realize the land is only holy, blessed, and enriched because there is the “Law of the Land” that, if followed, enable its beauty and magnificence to sprout to its fullest potential. But if the “Law of the Land” isn’t followed, it doesn’t want its inhabitants, and the inhabitants don’t deserve the benefits of the land.

To actualize the deep connection between observing the mitzvos and living wholeheartedly in the Promise Land, it was worthwhile to add in all the stories of the Torah, the law book of Hashem, the King Of All Kings, into the book written mainly as The Law of the Land. Though many mitzvos do apply outside of the Land of Israel as well, they apply doubly inside The Land.