INTPARSHA -49: Parashat Ki Tavo

From:          "Yeshivat Har Etzion's Israel Koschitzky Virtual Beit Midrash"
To:            yhe-intparsha@vbm-torah.org
Subject:       INTPARSHA -49: Parashat Ki Tavo

                     Yeshivat Har Etzion
           Israel Koschitzky Virtual Beit Midrash

              Introduction to Parashat HaShavua

     Parashat Ki Tavo - The Bringing of the First Fruits

                   By Rabbi Michael Hattin


Introduction

     "When you enter the land that God your Lord gives to
     you, and you shall possess it and dwell in it.   Then
     you shall take from the first of all the fruits of the
     earth that you shall bring from the land that God your
     Lord gives you, and you shall place them in a basket.
     You shall go to the place that God will choose to cause
     His name to dwell there. You shall approach the Cohen
     who shall be there at that time, and shall say to him:
     'I declare this day before God your Lord that I have
     come into the land, that God swore unto our ancestors
     to give us.' The Cohen shall take the basket from your
     hands and place it down before the altar of God your
     Lord.

     "You shall proclaim before God your Lord: 'A lost
     Aramean was my father. He went down to Egypt and
     sojourned there few in number, and there became a
     great, powerful and populous nation.   The Egyptians
     dealt harshly with us and afflicted us, and put upon us
     difficult labor. We cried out to God the Lord of our
     ancestors, and God heard our voice, saw our affliction,
     our burden, and our distress. God took us out of Egypt
     with a strong hand, an outstretched arm, awesome acts,
     signs and wonders. He brought us to this place, and
     gave us this land, a land flowing with milk and honey.
     And now I have brought the first fruits of the earth
     that you have given me God,' and you shall put them
     down before God your Lord and prostrate yourself before
     God your Lord.

     "You shall rejoice in all the good that God your Lord
     has given to you and to your household, you and the
     Levite, and the convert that dwells in your midst"
     (Devarim 26:1-11).

     Parashat Ki Tavo begins with a description of one of
the most poignant and dramatic ceremonies of Temple times,
namely the presentation of the 'Bikurim' or 'First Fruits.'
First profiled in the Book of Shemot in terse and non-
descriptive terms (Shemot 23:19, 34:26), the ritual is here
elaborated upon and spelled out at some length. This week,
we shall examine some of the laws associated with the
bringing of the First Fruits; we shall discover that this
mitzva presents us with the exceptional opportunity to
understand and to observe how a fundamental, underlying
theme finds expression in every aspect and detail of a
mitzva's fulfillment.

The Torah's Account

     The outline of the rite seems straightforward enough,
and can be conveniently broken down into three discrete
elements, as indicated by the quotation above: 1) the
bringing of the first fruits and their presentation, 2) the
proclamation, 3) the joyous aftermath. We should take note
of the fact that the account of our Parasha is described
from the perspective of the individual, who brings the
fruits to God's House, and subsequently rejoices with family
and   a   close circle of associated individuals.    The
declaration, however, is phrased in the plural, and provides
a very concise outline of Jewish national history, placing
particular emphasis on the experience of the enslavement in
Egypt, the Exodus, and the entry into the land. The themes
of the declaration pivot around contrasts: few ancestors
becoming a multitude, oppressed slaves achieving freedom,
and homeless people acquiring a land 'flowing with milk and
honey.'

    Although the text speaks of 'first fruits of the earth'
it does not delineate specifically which species of fruits
are to be brought. Are the first fruits to be brought from
all species, or only from a select few? Also, the passage
is ambiguous concerning the placing of the fruits in a
basket.   Is this a purely utilitarian means of conveying
them to the Temple, or does it perhaps represent an
indispensable part of the rite? Significantly, the Biblical
word here employed for basket, 'TeNEh,' is an unusual usage
that occurs only four times in the entire Scriptures, all of
those from our Parasha:

1)   ".you shall place them in a basket (TeNEh)" [26:2],
2)    "The Cohen shall take the basket (TeNEh) from your
hands" [26:4],
3)    "Blessed be your basket (TaNAkha) and your kneading
trough" [28:6],
4)    "Cursed be your basket (TaNAkha) and your kneading
trough" [28:17].

    In contrast, the much more common word for basket,
'SaL,' occurs fifteen times in Tanakh.

    Clearly, the emotional thrust of the account in the
Torah is to foster and to inculcate gratitude on the part of
the individual who offers the first fruits.   He is to
express thankfulness to God for having merited enjoying the
fruits of his labor, and this he does by presenting the
choicest of those before Him at His abode.

The Account of the Mishna

     One of the tractates of the Mishna, the final section
of "Agricultural Laws" (the Mishnaic Order 'Zera'im'), is
Massekhet Bikurim. It is in the main devoted to the laws
concerning the ceremony of the First Fruits.   Compiled in
the aftermath of the Second Temple's destruction,   it
provides a rare glimpse of how the people observed this
commandment while the Temple stood at Jerusalem.   We shall
quote from some of the relevant mishnayot, especially those
of chapter three, and shall then compare and contrast them
to the text from the Parasha of Ki Tavo.

Mishna 1: How are the first fruits designated?   A person
goes down to their field and when they notice that a fig or
grape cluster has started to appear, they mark it with a
band and say "these shall be for first fruits."

Mishna 2: How were the first fruits brought? All of the
people dwelling in the villages of a region would gather in
the regional capital, and would sleep in the streets rather
than in the houses. Early the next morning, the appointed
leader would exclaim: "Arise and let us go up to Zion, to
the House of God our Lord!"

Mishna 3: The nearby villagers would bring fresh figs and
grapes, and the outlying ones would bring dried figs and
raisins.   An ox with gilded horns and a wreath of olive
leaves would go before them. The flute would play until the
procession neared Jerusalem.   When they came close to
Jerusalem, they would beautify and ornament their first
fruits. The governors, officials and treasurers of the city
would go out to greet them, in accordance with   the
importance of the arrivals.   All of the craftsmen of
Jerusalem would stop their work and stand to greet them:
"Our people of such and such a place, enter in peace!"

Mishna 4: The flute would play before the procession until
they reached the Temple Mount. When they reached the Temple
Mount, even Agrippa the King would take the basket upon his
shoulder, and proceed until he entered the forecourt.   When
he entered the forecourt, the Levites would burst into song:
"I praise You, God, for You have raised me up and have not
allowed my enemies to rejoice over me!"

Mishna 6: While the basket was still upon his shoulder he
would recite from "I declare this day," until he finished
the entire passage. Rabbi Yehuda says: until he reached "A
lost Aramean was my father." When he reached that passage,
he would remove the basket from his shoulder and hold it by
its rim.   The Cohen would place his hand under the basket
and ceremoniously wave it. The presenter would then recite
"A lost Aramean was my father" and complete the passage.
The basket would be placed down beside the altar, and the
presenter would prostrate and exit.

Considering the Mishna's Account - General Contrasts

     Before analyzing the specific matters enumerated in the
Mishna, a number of general observations are in order.
First of all, we note that the structure of each of the
Mishnayot is the same: there is a description of   a
particular action, and this is followed by some sort of
pertinent affirmation.   Thus, the first fruits are set
apart, and then are VERBALLY designated as such by the field
owner.   The villagers would sleep in the streets, and next
morning the procession leader would exclaim: "ARISE!"   The
people would arrive in Jerusalem, and the inhabitants would
GREET them.   The Presenter would enter the forecourt, and
the Levites would SING. All of these preliminary acts are
evidently modeled on the formal presentation itself which,
as we have seen, combines a specific act of offering the
first fruits, with an associated declaration.   To again
quote from the above Mishna: "the Cohen would place his hand
under the basket and ceremoniously wave it. The presenter
would then RECITE 'A lost Aramean was my father' and
complete the passage." By adopting this textual structure,
the Mishna is indicating to us that the two aspects of
ceremonial act and formal declaration, first indicated by
the text of Torah itself, are inextricably bound up with the
essence of the First Fruits. Thus, their binary effects are
felt at every stage of the ceremony's fulfillment.

     Secondly, we notice that in contrast to the description
of Ki Tavo, the portrayal of the Mishna is decidedly
collective. We experience the ceremony from the perspective
of the people. They gather and go up to Jerusalem not as
individuals, but as an aggregate. The officials and people
of Jerusalem greet them in accordance with their number.
The King, in a seeming act of democratic identification,
joins the masses and offers his own basket like them.   The
forecourt of the Temple would no doubt be filled with a
joyous throng as the Levites would sing.

     All of these details suggest that the ceremony of the
First Fruits would be an important vehicle for fostering
unity among the villagers themselves as well as among the
various villages of a region. Also, the harmony between the
capital of Jerusalem and the outlying villages, as well
between the King and his subjects, are other significant
objectives of the proceedings.

     Thirdly, in contrast to the solemn and serious tone of
the Torah text, the Mishna is preoccupied with joy and
exaltation.   The passage in Ki Tavo mentioned happiness in
generic terms, as the climactic consequence of the entire
ceremony: "You shall rejoice in all the good that God your
Lord has given to you and to your household."   But it
contains no description of music, singing, or celebration as
part of the rite.

     The tone of the critical declaration is in fact
dignified but almost somber. It constitutes the main body
of the Torah's account of this mitzva. In the Mishna, on
the other hand, one reads of a parade led by 'floats' (the
crowned ox with the gilded horns), musical accompaniment of
the flute, and an exuberance of joyous song. The pensive
declaration is mentioned only briefly and does not appear to
be the focus of the Mishna's account.

Considering the Mishna's Account - Specifics

     The Mishna's description raises a number of issues that
require explanation. In Mishna 2, we saw that the villagers
would gather in the regional capital but would sleep in the
streets rather than entering the houses. Seemingly, this
was a function of large crowds and inadequate lodgings but
perhaps other considerations were at work.

     Also, it is important to note that the leader's
exclamation the next morning is actually a quote from
Yirmiyahu/Jeremiah 31:5, and in its larger context describes
the bright future of the redeemed and restored people of
Israel: "Thus says God: the nation that was a remnant from
the sword have found grace in the wilderness, and Israel has
sought rest. God has appeared to me from afar, saying: I
have loved my people with an everlasting love and have
therefore drawn you to Me in compassion. I will again build
you and you shall be built, Virgin of Israel; you shall
again be adorned with your timbrels and go out to joyously
dance.   You shall again plant vineyards on the hills of
Shomron; the planters shall plant and enjoy the fruit.   For
there shall come a day when the watchmen on Mount Ephraim
shall exclaim: "Arise and let us go up to Zion, to the House
of God our Lord!" Although there is the obvious connection
with our ceremony of enjoying the fruit of one's labor, we
must ponder if there are not other grounds for the inclusion
of this passage in the rite of the First Fruits.

     In Mishna 3, we were treated to a description of the
festive   parade that the villages staged   enroute   to
Jerusalem.   The inclusion of the ox is, in all probability,
an expression of its centrality to the agrarian economy of
antiquity, for the ox was the most important beast of burden
and especially helpful for plowing. The closest modern-day
parallel might be the role of the tractor in kibbutz
celebrations of the bringing in of the harvest.

     Mishna 4 described the arrival at the Temple Mount.
Here, we are told, "even Agrippa the King would take the
basket upon his shoulder, and proceed until he entered the
forecourt." Agrippa the grandson of Herod, is known to us
as one of the final kings of the Second Temple period, and
his all-too brief reign is fondly recalled in Jewish sources
as one of stability and peace. Caligula, with whom he had
been brought up at the Roman court, first appointed him as
king, and Caligula's successor the Emperor Claudius gave him
dominion over all of the Roman province of Palestine.
Agrippa was a beloved monarch who combined political acumen
with intense sensitivity to Jewish tradition, but his three-
year reign ended suddenly in 44 C.E. when he died at
Ceasarea.    We   can   therefore pinpoint   the   Mishna's
description of the ceremony of the First Fruits as referring
to the final decades of the Jewish State, for the Temple was
destroyed by the Romans in 70 C.E.

     Curiously, the selection sung by the Levites as the
First Fruits were brought into the forecourt of the Temple
is not one of joyous celebration or praise, as one might
have expected given the other features of the procession.
Rather, it is one of perseverance: "I praise You, God, for
You have raised me up and have not allowed my enemies to
rejoice over me!" Taken from the thirtieth chapter of the
Book of Psalms, the hymn was composed by David on the
occasion of the 'Dedication of the House.'   Its imagery
speaks of being rescued from certain death, of being
preserved   by God from 'descending to the   pit'   and
'everlasting doom.' In it, David praises God who has saved
him from the clutches of his foes, and has turned his
mourning into rejoicing. It is not immediately clear why
this Psalm was chosen to be chanted at the rite, for its
mood seems jarringly out of place.

     Finally, Mishna 6 describes the actual conferral of the
Bikurim. The basket would be removed from the shoulder and
ritually waved, indicating the presentation of an offering,
and the declaration would then be made. Soon afterward, the
basket would be put down next to the altar and the
supplicant would take their leave. Again, we are left to
ponder the significance of the basket and its seeming
centrality to the entire affair.

The Description of Rambam - More Pieces of the Puzzle

     The Rambam, in his Laws of First Fruits, codifies the
statutes of the Torah, Mishna, Talmud and associated texts
on the matter, and we shall only make mention of those
elements that we have not yet seen elsewhere. However, bear
in mind that unless otherwise indicated, the rulings of the
Rambam have as their source the appropriate Mishnaic,
Talmudic and Midrashic passages scattered throughout the
vast corpus of the traditional literature.

Chapter 2:1 - It is a positive command to bring first fruits
to the Temple, and they are only brought as long as the
Temple stands and within the Land of Israel, as the verse
states "the first fruits of your earth you shall bring to
the House of God your Lord." (Shemot 23:19, 34:26).

Chapter 2:2 - One does not bring first fruits except from
the seven species enumerated in the 'praise of the Land.'
These are wheat, barley, grapes, figs, pomegranates, olives
and dates. If one presents first fruits from other species,
they are not sanctified.

Chapter 3:10 - It is a positive commandment to offer an
affirming declaration at the time that the first fruits are
presented at the Temple.and it can only be recited in the
Holy Language of Hebrew.

Chapter 3:11 - One who brings first fruits may give them to
his servant or relative to convey enroute, until they reach
the Temple Mount.   When they reach the Temple Mount,
however, he himself must take them upon his shoulder, even
if he is an exalted king in Israel.He recites the passage 'a
lost Aramean' and puts down the fruits on the south western
corner of the altar.

Chapter 3:14 - First fruits require overnight stay. How so?
One who has presented his first fruits at the Temple,
recited the proclamation and offered his sacrifices, may not
leave Jerusalem on that day to return home, but rather must
remain overnight and return home to his own town only on the
morrow.Thus, First Fruits require seven things: bringing to
the Place, a vessel, the declaration, sacrifice, song,
ceremonial waving, and overnight stay.

Considering the Rambam's Words

     Reflecting on the Rambam's formulation, we notice that
he includes a number of new and important details.   The
First Fruits can only be brought from the Land of Israel,
and only from the so-called 'Seven Species' that are
cryptically referred to as 'the praise of the land,' and
only as long as the Temple stands. Presumably, these seven
types of fruit express the fertility and bounty of the land
more so than other varieties, for the Torah itself refers to
them in just such a context: "God your Lord is bringing you
to a good land, a land of streams of water, springs and
acquifers in valley and mountain. A land of wheat and
barley, grapes, figs and pomegranates, of olives and dates.
A land in which you shall consume bread not in scarcity nor
lack anything, a land whose stones are iron and from whose
mountains you shall hew copper. You shall eat and be
satisfied, and bless God your Lord for the good land that He
has   given you." (Devarim 8:7-10).   Based upon   these
criteria, we might reasonably assume that in our times the
seven species have been usurped by the ubiquitous Jaffa
orange, the modern-day symbol of barren tracts blossoming
with bounty, but the sources provide no such provision! Why
not?

     Rambam relates that the First Fruits can be conveyed in
any   manner, but upon reaching the Temple Mount, the
presenter must himself carry the basket on his shoulder. He
understands the precedent of Agrippa as not simply a
poignant expression of monarchy mingling with the masses,
but as an exemplar of a halakhic requirement. Thus, the
basket and its conveyance both turn out to be necessary
features, although their significance is still unclear.

     Rambam also indicates that the declaration must be
recited in Hebrew. In other words, it is not sufficient to
make mention of the themes of the passage such as the
descent to Egypt, the Enslavement, or the Exodus.   Rather,
the passage is a FORMULA that must be recited verbatim in
its original language. In contrast, we might consider other
mitzvot of the Torah that require some sort of verbalization
or statement, such as grace after meals (Devarim 8:10),
prayer (Devarim 11:13), recitation of the Shema (Devarim
6:4), or even the confession concerning tithes (Devarim
26:12-15) that immediately succeeds our section. In all of
these cases, as well as in the vast majority of other
mitzvot requiring recitation, there is NO requirement at all
that the text be recited word for word in Hebrew.

     Finally, Rambam makes mention of overnight stay.   Why
must the presenter not return home immediately? Is there
any deeper significance to this provision other then its
positive impact on the local hotel industry?

The Fundamental Axiom

     Thus far, we have seen a wealth of texts pertaining to
Bikurim and have raised a large number of perplexing
queries. It would be possible to leave the subject at this
point with a general appreciation of the mitzva's scope and
to not be overly troubled by some of the questions.
Nevertheless, by considering the meaning of a single,
central feature we will be able to shed a brilliant light on
the entire matter. Recall that the Torah spoke of a 'TeNEh'
or basket. We wondered about the almost singular usage of
the term and if or how it differed from a 'SaL.' We later
discovered that the carrying of the basket 'ON ONE'S
SHOULDER' was a critical rite that even the King was
expected to perform, and also learned that at the conclusion
of the declaration, the basket was to be placed down at the
side of the altar.

     Considering the action of 'carrying on the shoulder' in
broad terms, a number of Biblical examples come to mind.
Recall that Rivka, ascending from the well with 'her pitcher
upon her shoulder' (Bereishit 24:15) graciously offered
water to Eliezer and the camels. When the Israelite camp
broke up and moved to a new location, the Levites of the
clan   of Kehat conveyed the holy vessels 'upon their
shoulders' (BeMidbar 7:9). Most striking of all, at the
time of the Exodus, the people left in such great haste that
they 'took their dough before it was leavened, their
kneading troughs bound up in their garments upon their
shoulders' (Shemot 12:34). In all of these cases, the
expression to 'carry upon one's shoulder' indicates the
action of conveying an object from point A to point B, while
in the interim it CANNOT BE PUT DOWN. In other words, when
the Torah describes the act of carrying on the shoulder, it
invariably associates it with a situation in which the
object in question must be borne aloft until a suitable
resting-place is found.

     In the context of the First Fruits, the significance of
carrying the basket is not simply to convey it from one's
field to the Temple, but to actually RELIVE THE JOURNEY FROM
HOMELESSNESS TO SETTLEMENT! We must carry the
Bikurim
because we are symbolically re-experiencing the homelessness
of our ancestors who had no land. We bear the basket on our
shoulder because we are recalling the anxious destitution
associated with having meager possessions and nowhere to
rest them. Etymologically, the word TeNEh is connected to
the Aramaic TuNA meaning a burden or load, and the TeNEh
therefore differs from the basket in that it is used not as
a receptacle but rather as a container for conveyance of
goods and possessions. One may still see it in use among
the Arab peasants of the Judean and Samarian Hills who carry
their   produce in baskets borne upon their heads   or
shoulders.

Re-evaluating the Texts - Biblical

     Returning to the Biblical text, the focus of the
declaration recalls the descent to Egypt, the Enslavement,
the Exodus, and the Entry into the land, for this national
experience more than any other commemorates the dynamic
movement from rootlessness to possession. It is precisely
because we were homeless sojourners in the land of Egypt
that we were vulnerable to the whims of our hosts.   The
Pharaoh who welcomed the family of Joseph with open arms
could so easily be succeeded by the cruel Pharaoh of the
Oppression, and how quickly were our national fortunes
transformed by the alteration!

     It is therefore not surprising that the Biblical
ceremony concludes with the basket being gently put down.
After reliving the desperation of exile by laboriously
transferring that basket from place to place, we can
sincerely appreciate God's gift of the Land.    Having
recognized His bounty, we then put down the basket next to
the altar. This is to suggest the state of national 'rest'
that is the antithesis of exile and wandering, as if to say
'now I have a home in which I can place down my possessions,
and that home is God's precious gift of a land.'

     The connection with the Temple is now obvious, for the
state of the Jews as well as the Jewish State, the national
framework that the Bikurim come to celebrate, are incomplete
without it.   If the First Fruits are about the people of
Israel achieving a settled and secure status, then the
Temple must be standing at Jerusalem. If it lies in ruins,
then one cannot perform a ceremony celebrating domestic
tranquility and national permanence, for the Temple edifice
is the barometer of the intensity of our connection to God.

Re-evaluating the Texts - Mishnaic

     The account of the Mishna began with the villagers
sleeping in the streets. Rather than being an expression of
insufficient   housing   or   a mechanism   for   fostering
camaraderie, we can now see that it is the most appropriate
means of beginning the procession. If the First Fruits are
evocative of nomadic and unsettled wandering, then let their
consignment commence with a physical act of sleein the
unsheltered open.

     The   rousing words of the procession leader,   in
actuality a quote from Yirmiyahu the Prophet of   the
Destruction, remind the people that separation from homeland
is not only a historical event from the dim and distant
past, but also a recurring theme. The Enslavement of Egypt
was followed by the Babylonian Exile and later still by the
domination of Rome, and the ideal state of   national
equilibrium and corresponding reconciliation   with   God
remained and still remain a distant hope. "I will again
build you and you shall be built, Virgin of Israel; you
shall again be adorned with your timbrels and go out to
joyously dance.   You shall again plant vineyards on the
hills of Shomron; the planters shall plant and enjoy the
fruit.   For there shall come a day when the watchmen on
Mount Ephraim shall exclaim: 'Arise and let us go up to
Zion, to the House of God our Lord!'"

     The song of the Levites, passionate and pained, speaks
not of joyous celebration and unmitigated happiness, but
rather of struggle and eventual triumph. "I praise You,
God, for You have raised me up and have not allowed my
enemies to rejoice over me!" describes not sentiments of
complacency and comfort, but rather those of endeavor and
exertion.   Settling the land is no easy task, and remaining
cognizant of the efforts invested to achieve national rest
as well as of the Divine assistance that makes it at all
possible are critical elements in maintaining that hold.

Re-evaluating the Texts - Rambam

     Rambam records the tradition that the First Fruits are
to be brought only from the so-called seven species. These
particular fruits are referred to as the 'praise of the
Land' and seem to be expressions of its bounty and beauty.
In light of the above analysis, however, a more startling
fact emerges: these seven fruits, to the exclusion of the
proverbial Jaffa orange and its ilk, are INDIGENOUS to this
land.   In other words, if the ritual of the Bikurim
addresses the themes of taking root in the land and becoming
integrally connected to it, it naturally follows that the
choice of fruits should highlight species that from time
immemorial have been regarded as native to its shores.   It
is not exclusivity that the Torah seeks, for some of these
seven may thrive in other locales as well. Rather, it is
the idea of connection to a place and deep attachment to its
earth that these seven species so eloquently express.

     Rambam's curious assertion that the declaration be
recited in Hebrew is now comprehensible. What could be more
appropriate than the national language of the Jewish people
for conveying our profound emotional bond to the Land as
well as our gratitude for God for His precious gift?
Although we might succeed in capturing the outline of those
themes in other tongues, their sublimity would be lost in
the translation.

     As for the overnight stay, it forms the perfect
conclusion to the rite. The ceremony began with sleeping
outdoors in the open countryside, as if bereft of home and
hearth.   The ritual concludes by staying overnight in the
national capital of Jerusalem, to emphatically proclaim that
now the people of Israel have 'somewhere' to rest their
weary heads, that 'somewhere' being none other than the
'place that God shall choose to cause His name to dwell
there.'