Nasso: Jealousy

The Journal of Talmudic Law & Finance
 
In this Issue:

Parsha Connection 

Choshen Mishpat Chiddush 

Introduction to Lo Sachmod 

Ask the Dayan 

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This week's sefira source material: Lo Sachmod- Thou Shalt Not Covet
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~ PARSHAS NASSO~  

Jealousy

  

This week’s parsha discusses the laws of a sotah. The sotah is a married woman who is suspected of having relations with another man. Such a woman is forced to drink some specially prepared water. If she is indeed guilty, her stomach would explode and her leg would fall off. It was a gruesome death that was carried out in public.

 

The Gemora in Maseches Sotah teaches that the sotah was driven by her jealousy of someone else’s husband. In turn, she was repaid by loosing her own husband as well as her life. Hence, what she desired Feature Shiur Parshas Nasso- Thou Shalt Not Covet. By Rav Yosef Greenwaldshe didn’t get and what she had, got taken away from her. The Gemora says that this applies to us all: If we desire something that doesn’t belong to us we should not expect to acquire it and even what we have may be taken away from us, as well.

 

This week’s journal will discuss some halachos regarding the prohibition of lo sachmod, thou shall not covet.


 Click here for this week’s Featured Audio Shiur by Rav Yosef Greenwald:

Lo Sachmod: Thou Shalt Not Covet

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 Choshen Mishpat Chiddush

The Shulchan Aruch adopts the view of the Rambam and rules that lo sachmod and lo sisaveh are two independent prohibitions. As such, one violates the prohibition of lo sachmod by desiring another person’s possessions and then succeeding in acquiring them. Lo sisaveh, on the other hand, is applicable even where one does not actually acquire the desired item. However, from the Shulchan Aruch’s interpretation of the Rambam’s words it is clear that one only violates the prohibition of lo sisaveh if one contemplated and actually planned as to how he might persuade the owner to sell it to him.

 

There is an opinion which is not codified as Halacha but should be implemented as preferred practice. The Chinuch and Ibn Ezra imply that the prohibition of lo sisaveh includes even the mere desire of another person’s possessions.

 

One is therefore in violation of lo sisaveh where he does not even contemplate the pursuit of acquiring the item. The Chinuch teaches that although one might think that it is not possible for a person to control his desires to such an extent, it is evident from this

Related Audios
The Coveted Esrog
The Coveted Esrog

Rav Chaim Meyer Roth

Lo Sachmod
Lo Sachmod

Rav Yitzchok Boehm &

Rav Yoserf Greenwald

as part of the Yerushalayim Second Seder Program 


commandment that it is indeed possible to do so if one makes a concerted effort. The Aruch Hashulchan explains that although according to Shulchan Aruch one doesn’t violate lo sisaveh by merely desiring, nevertheless it is middas chassidus not to desire something which isn’t yours.

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Introduction to Lo Sachmod 

 

Everyone knows that the last of the Ten Commandments is “Lo Sachmod – You shall not covet your fellow man’s house… his wife, his servant, his maidservant, his ox, his ass and everything that your fellow man has.”The second time that the Torah relates the Ten Commandments (in Parshas Va’eschanan) the Torah uses a different expression, “Lo siss’aveh.”

There are various opinions in Chazal as to what are the parameters of these two prohibitions.

 

The classic commentators on the Torah (Ibn Ezra, Sforno, Rabbenu Bachye, Beis Halevi) interpret the prohibition of Lo Sachmod to be the desiring of an item that belongs to someone else. According to this understanding, it is forbidden even to desire to own any item that is in the possession of someone else.

 

As such, the commentaries grapple with a difficult question. Although it is understandable for the Torah to instruct a person as to what to do or not do, how can the Torah instruct a person as to what to think? Surely a person’s thoughts are beyond his control! How can one be commanded to not even desire someone else’s property?

Ibn Ezra answers by pointing out that no-one ever wants to marry his own mother, even if she is beautiful. The reason for this is because one is conditioned from an early age that it is not possible to marry one’s mother – and so the thought never occurs and the desire is non-existent. Similarly, a simple peasant never desires to marry the king’s daughter, however attractive she may be, because he knows that there is no way that such a marriage would ever take place; furthermore, even if it were ever to happen, the huge disparity in background and upbringing would ensure that it would quickly end disastrously.

 

A person must realize that property owned by another is intrinsically not his. Moreover, if he were to have it, it would not be to his advantage – which is why Hashem has given it to someone else. Such deep-seated faith in Hashem’s providence will automatically negate any coveting of another’s property or situation, for the impossible – owning something destined by Heaven for someone else – does not come in to question.

In Halachah, though, the Poskim regard the prohibition of Lo Sachmod in a completely different light.

 

Some say that one transgresses Lo Sachmod only if one takes someone else’s property without permission and does not pay for it. (As such one transgresses the prohibition of Lo Sachmod as well as the prohibition of stealing.)

 

Others rule that Lo Sachmod refers to the actual action of persuading the owner to sell you his property when he doesn’t really want to. (According to this view, the prohibition of Lo siss’aveh is actually a separate injunction, forbidding one to even think about how one might persuade the owner to sell his property.)

 

It should be borne in mind that the underlying principle of this mitzvah is Emunah – faith in Hashem, Who apportions to each and every person what is intended for him, and a realization that what belongs to his fellow man will not – nay, cannot bring him any happiness. Internalizing this message and strengthening one’s Emunah will ensure that one will observe this fundamental mitzvah fully yet effortlessly.

 

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Ask the Dayan


Lo Sachmod & Tradebacks

By: Rav Yehonoson Dovid Hool 

 

QUESTION:

 

Dear Rabbi,

 

I gave an old item of mine to a friend as a gift and bought a new one for myself. A few months later, I realized that for personal reasons, I prefer the old item to the new one. Am I now allowed to ask my friend if he would be willing to trade items with me? The new item is actually of better quality than the old one.

 

My friend has told me on several occasions how much he likes the item I gave him. In asking him if he would be willing to make the trade, am I allowed to tell him that the new item is more expensive and of better quality than the used one I gave him? By desiring and attempting to get my old item back (which is not mine anymore), am I violating “lo sachmod”(you shall not covet) or some other prohibition?

Thank you very much.

 

ANSWER:

 

One who desires another person’s belongings and attempts to obtain them transgresses the commandment of lo sisaveh (Devorim 5:18). If one merely desires something but makes no attempt to obtain it, the Shulchan Aruch rules that one does not violate this prohibition. If one takes action, however, and successfully pressures the owner to give or sell the item, then one has transgressed lo sachmod (Shemos 20:14).

 

If one desires an item, it is permitted to approach the owner to ask him if he would like to sell it. The prohibition only applies when one pesters and pressures him until he finally agrees to sell it or give it away. Persuading him via others, such as getting a friend, associate, or influential person to persuade him is also forbidden.

 

Now returning to your question, it is permitted to request your friend to switch it back, however to pester or pressure would be prohibited.

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