Sefer Vayikra has but two stories, that of the tragic deaths of Nadav and Avihu and the tragic death of the blasphemer, which we read this week. While few would argue that the death of Nadav and Avihu was a great tragedy, many would likely push back on calling the death of this unidentified blasphemer a tragedy.
Surely, one who curses G-d is worthy of death, a sin so severe it is one of the sheva mitzvot bnai Noach, seven basic laws that Jewish teaching expect all of humanity to abide by. Yet as we try to unpack the tragic series of events that led to the cursing of G-d it becomes evident that mistake after mistake led to this tragedy. It did not have to be this way but sadly, the warning signs were missed leading to the tragic sin and punishment.
“The son of an Israelite woman went out – he was the son of an Egyptian man – among Bnei Yisroel. They argued in the encampment—the son of the Israelite woman, and the Israelite man. And the son of the Israelite woman blasphemed the Name and cursed; and they brought him unto Moshe. And his mother’s name was Shelomit, the daughter of Dibri, of the tribe of Dan” (Vayikra 24: 10-11).
This cryptic story consists of but two verses[1] and to use a rabbinic expression, “ha'ikar chaser min hasefer, the main part is missing from the book”. There is no context to this story, following after the Torah discusses the 12 loaves of bread that were baked every week in the Temple. While the protagonist’s mother – and grandmother! – and tribe are named, and we are told his father was an Egyptian, the main character himself is anonymous. We have no idea what the dispute was about nor anything about the co-disputant save for the fact that he was Jewish – presumably (though not necessarily) on “both sides”. We are left scratching our head as to why this dispute led one to cursing G-d. Had it led to murder we could, as horrible as that might be, understand such and hence understand why one might receive a death penalty.
Let us try to unravel the story as best we can[2]. The blasphemer’s mother's name was Shelomit – a woman of peace, who was the daughter of Dibri, a woman of speech[3]. It thus appears there is some issue about what was said to someone, something that caused the peace to end. He was the son of an Egyptian, Rashi unexpectedly noting that it was the son of the Egyptian who Moshe had killed many years earlier who was hitting a Jewish slave.
The link between these two stories can be seen from the opening word Vayetze, he went out, a word very much out of place here. As Rashi asks, from where did he go? The story of Moshe killing the father begins in the exact same way, Vayetze Moshe, and Moshe went out to his brothers (Shemot 2:11). Furthermore, Rashi notes that Moshe killed the Egyptian through speech by use of the Ineffable name of G-d, helping to explain why the blasphemer’s grandmother, Dibri, the one who speaks, is named.
We can now begin to understand why this person might have cursed G-d. Moshe had killed his father and with Moshe being the representative of G-d, he took out his anger on G-d. Why did, and how could, G-d choose someone who murdered my father to be the lawgiver of the Jewish people[4]?
Yet it is not just what Moshe did as a young lad discovering his Jewish roots. Rashi explains Vayetze, the blasphemer came from the Beit Din, the court of Moshe, having lost his case. As Rashi explains, he pitched his tent with the tribe of Dan, the tribe of his mother. The tribe of Dan said what are you doing here to which he explained that he is a member of the tribe. They then quoted the verse “Every man [of the children of Israel shall encamp] by his own standard, that bears the signs of their father’s house”! While Judaism may be conferred by the mother, the status of one’s tribe is determined by one’s father.
Feeling this was unjust he went to Moshe for help. Moshe however ruled like the people of Dan – with strict justice – the meaning of the word Dan. At that point Vayetze, he stormed out of court and cursed G-d.
It is easy to read this story and have no pity on this person. He got what he deserved – how dare he curse G-d. Easy but insufficient. Here is a person whose father was killed, being raised by a single mother[5]. He comes to live with his mother’s side of the family and is rejected. He then goes to Moshe, the man of strict justice, who could tolerate no wrong, who killed his father because he was hitting a Hebrew and he is turned away given no other place to turn. How could Moshe not find a place for him? How could Moshe, torn from his family, raised as an Egyptian yet now a Jew not have mercy on this product of a mixed marriage?
The law, din, may have been followed to the letter. However, justice was not carried out[6]. What a tragic story it truly is.
[1] The rest of the “story” details his punishment and the laws of blasphemy.
[2] So much of the Torah is purposely ambiguous (this story more than most), allowing, encouraging and demanding different understandings each according to one’s time and place.
[3] As we have often discussed names in the Torah may – or may not – be the actual name of the person. It is hard for example to believe that someone – especially a leader of the Jewish people would name their children Machlon and Kilyon, sickness and destruction (Rut 1:. Rather names reflect ideas revealing important details of the person. At times they are evident – or at least hoped for at birth – and hence the Torah gives us their actual birthname. But when we first hear of the name after birth – for example Moshe – the name may have little in common with the name given by the parents.
[4] While most commentaries justify Moshe’s actions one can appreciate why the victim’s son might feel differently. At the same time, Nechama Leibowitz zt”l quotes the Midrash Petirat Moshe, the Midrash on the death of Moshe which describes Moshe pleading with G-d to remain alive, arguing as to why he should be allowed to enter the Land of Israel. G-d’s final argument – to which there is no response from Moshe – is as follows. Said the Blessed Holy One: “Did I order you to kill the Egyptian?!” Replied Moses: “You killed all the firstborn of Egypt, yet I am to die because of a single Egyptian?!” Said to him the Blessed Holy One: “Are you comparable to me, killing and giving life? Can you give life as I do?”
[5] It is noteworthy that while her mother’s name is mentioned there is no mention of a husband indicating she never remarried. Had she done so the blasphemer might have been able to pitch his tent with his stepfather. have
[6] Yitro in advising Moshe how to set up a properly functioning court system told Moshe “You shalt teach them the statutes and the laws, and shalt show them the way wherein they must walk, and the work that they must do”. The Talmud (Bava Metzia 30b) interprets the phrase asher ya’ahsoon, that they must do to refer to acting Lifnim Meshurat Hadin, beyond the strict justice of the law. It appears Moshe did not yet know that Talmudic exegeses.