RITSS HIGH SCHOOL

PRESENTS A D`VAR TORAH

ON VAYAKHEL PIKUDAI

GOING BEYOND THE LETTER OF THE LAW FOR THE SAKE OF HONESTY

By Rabbi Moshe Heigh

     NOTE: This d'var Torah contains halachic information regarding public positions and responsibilities. As is the case every week, this document is not meant to be used for PSAK halacha. Please consult a competent rav with any actual shailos.

     "These are the accounts of the Mishkan (Tabernacle), the Mishkan of Testimony, that were drawn up by Moshe's order; it was the work of the Levi'im under the supervision of Isamar ben Aharon the kohen" (beginning of Parshas Pikudai, 38:21). The Torah tells us the computations of the gifts received from Klal Yisroel for the construction of that royal and sacred edifice, the Mishkan. Thus, the word "pikudim", in this pasuk, can denote accountings or computations. The significance of the rest of the pasuk will come to light later. Rashi on 38:21 summarizes the contents of this entire sedra. "In this parsha were enumerated all the weights (quantities) of the Mishkan contributions for silver, gold, and copper, and all its vessels for all its service were listed."

     Who was in charge of all these accounts? On the surface, it looks like Moshe Rabainu had complete authority over them. We need to analyze this carefully through a halachic perspective. We will soon discover that Moshe DID have assistance.

     There is a Mishna in Shekalim 5:2 which teaches that certain types of financial control are not allowed to be set up over the community with fewer than TWO officers. Yes, two are needed to supervise communal money matters. Let us investigate the part of the Mishna relevant to our topic, and then we will see if we need to justify Moshe's single-handed management of Klal Yisroel's contributed gifts.

     As stated above, power over public money is supposed to be in the hands of at least two officials. The Gemara Bava Basra 8B, in the middle of the page, cites the source for this. It is also in the Talmud Yerushalmi in Shekalim 5:2. How do we know that authority for money is not asserted over the populace with fewer than two people? Rav Nachman explains that it is based on a pasuk in Parshas Titzaveh. In speaking about the donations of material for the garments of the kohanim, the pasuk states that "THEY shall take the gold, and the blue, and purple, and scarlet, and fine linen" (28:5). Rashi on the pasuk remarks that "they" are the artisans, the experts who were to collect the contributed materials and create from them the priestly garments. How does the Gemara expound this verse? Since it says "they" shall take the contributions, we see that no fewer than two people are supposed to oversee the collection of public funds. Rabainu Gershom on Bava Basra 8B reminds us that the word "haim," "they," always denotes at least two individuals. The Gemara Bava Basra elaborates on this din and looks at it from different angles, but we will now examine the course taken by a Midrash to define its application to Moshe.

     If two officers are required for the above mentioned functions, how could Moshe be in charge of the Mishkan finances by himself? The Midrash Rabba 51:1 on our parsha explores this issue. First, a pasuk in Mishlai 28:20 is quoted and applied to Moshe. It declares that a person who involves himself in (community) matters with honesty can expect abundant blessings from Hashem. This "ish emunos", trustworthy person, was Moshe. How is this so? Moshe Rabainu was treasurer over the project of building the Mishkan. We know that TWO OR MORE people are supposed to supervise public funds, as we showed clearly from the Mishna in Shekalim 5:2. How was Moshe allowed to do it alone? The Midrash clarifies that in fact, Moshe DID share the awesome responsibility with others. "Even though Moshe was treasurer on his own, he would call others and make calculations through them." The proof brought by the Midrash is our very pasuk. It does NOT say that Moshe did the computations of the materials collected. Rather, the Torah proclaims that the accounts were drawn up by Moshe's order. How is this to be interpreted? The Midrash concludes that the counting was done under Moshe's direction BY THE HAND OF ISAMAR, son of Aharon the kohen. Thus, Moshe shared the responsibility with Isamar.

     The Maharzav on the Midrash helps us understand it in the following manner. Since Moshe was the supreme leader and mentor of Bnai Yisroel, who could logically join him in his holy task of keeping track of the public finances? It sounds from this Maharzav that he understands the Midrash to mean that Moshe technically COULD have been the single overseer of the money, since he was the melech of Klal Yisroel. Even so, Moshe Rabainu attached himself to others in this function "to fulfill the Mishna" in Shekalim which mandates such behavior in regard to average tzedaka custodians. The Maharzav also quotes the Midrash Tanchuma: even though Moshe, the tzadik, was trustworthy, he would call others and perform the calculations together with them. You might be aware that Hashem Himself said about Moshe, "In My entire household he is trusted" (Beha'aloscha 12:7). Despite his unquestionable integrity, Moshe shared the information with Isamar.

     To see this remarkable practice of Moshe reviewed in the poskim, we must consult the Shulchan Aruch Yoreh Daiah 257. There, the halachic authorities discuss charity supervisors making their computations available for analysis and review. Trustworthy individuals do not necessarily have to do this regularly. We will see that it is praiseworthy to do so, and Moshe is the prototype for such behavior.

     In order to get a thorough appreciation of the topic, we will cite the words of the Aruch Hashulchan 11 and 12. This encompasses the codified halachos of the Shulchan Aruch plus an expanded view of the matter. Just as gabbaim - tzedaka collectors and administrators - must avoid doing things which arouse suspicion, the community must also show them respect and not accuse them unjustly. Of course, this is referring to people who are known to be honest public servants. Nevertheless, the Tur (R. Yaacov, son of the Rosh) and Rama (Rav Moshe Isserles in the Shulchan Aruch) write that it is good for the gabbaim of tzedaka to provide a cheshbon, an accounting of what they have collected. This is done in order to avoid any basis for suspicion that could arise.

     The Aruch Hashulchan continues: AND WHO WAS GREATER THAN MOSHE RABAINU, who oversaw the accounts for the Mishkan, and despite his well-known honesty, he provided a record of the materials collected! The Aruch Hashulchan mentions that the source for this amazing fact is our parsha of Pikudai. He also brings the Midrash Rabba 51:1 which we studied before.

     In summary, Moshe apparently had a right to officiate as treasurer alone, since he was the melech. Furthermore, Hashem Himself called him trustworthy. Even so, he went beyond the letter of the law and kept the din of the Mishna, joining Isamar with him.

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