ARVEI NACHAL
Bechukosai
Arvei Nachal - Parshas Bechukosai
   

Why does the Torah need to doubleits stipulation?

(25,3) “If you walk in My statutes and observe My commandments and perform them…And if you despise My statutes…”

The gemora in Kiddushin 61a brings a dispute regarding whether one who makes a stipulation (if you do such-and-such then…) needs to state it both in the positive and the negative (and if you do not do such-and-such then…). R. Meir holds that a double stipulation is required, and R. Chanina ben Gamliel holds that it is not.

However, one who gives a gift to a friend on condition that he does such-and-such and does not double his stipulation, even according to R. Meir the gift stands even if he does not fill the stipulation. For this reason the Torah needed to repeat the stipulation here - “If you walk in My statutes…and if you despise My statutes…” so that only those who observe Hashem’s commandments will receive a reward. And according to R. Chanina ben Gamliel who holds that we do not require a double stipulation, the reason why the Torah needed to repeat the stipulation here is because if not so I would have said that “if you walk in My statutes” then you will receive a reward, and if not then there will be no reward but also no punishment. Therefore, the Torah needed to also say “and if you despise My statutes…”.

Now, the reasoning of R. Meir who holds that if one does not double the stipulation the gift still stands even though he said to him explicitly that on this condition he is giving him the gift and he did not fulfil the stipulation, is because we see that that even if he fulfils the condition he does not deserve this gift. Rather he is giving him the gift as a kindness. Therefore, it is reasonable to say that he wishes to do with him a complete kindness since there is no reason to think that he only wishes to do a small kindness, and so presumably he wishes to give him the gift whether he fulfils the condition or not.

This is very different from a sale, because when a person sells to somebody something for ten dollars it means that he is giving it to him on condition that he gives him the ten dollars, and even so, we do not say that if he did not double the stipulation the thing will be his even if he does not give the ten dollars. Because how can we say such a thing when we see that this person does not intend to do a kindness with the other person but rather to sell it at its value. Which is not true here when he is giving him a gift worth ten dollars on condition that he gives him say ten cents. Here we would reasonably ask why this person is taking ten cents for something which is worth ten dollars, and conclude that he must be doing a kindness with him and therefore he is certainly pleased to give him the gift even without receiving the ten cents, and the stipulation that he made with him was merely in order to encourage him to receive the gift. This is the reasoning of R. Meir.

What emerges from all this is that there are two reasons why the Torah repeats its stipulation here. The first is because even according to R. Chanina ben Gamliel who holds that a double stipulation is not generally required it is needed here so that the wicked will be punished. The second reason is according to R. Meir, because if the stipulation had not been doubled then even those who transgress Hashem’s will would receive reward. And that is because the reward is like a gift and not a sale, because as the gemora says about the posuk in Iyov 41:3 “Who preceded Me that I should pay” says Hashem. Does a person affix a mezuzah before I have given him a house? Does he make tzitzis before I have given him a garment? Meaning that Hashem has already prepaid us for our observance of mitzvos by giving us material things. Therefore, giving a reward even to those who do His will is a gift and a kindness. Therefore, if the stipulation had not been doubled then reward would have to be given even to the wicked.

And with this we can explain the posukim in Tehillim 62:12 “One thing G-d has spoken, two did I hear, for G-d has strength. And to you, Hashem, is kindness, for You repay each person according to his deeds”. “One thing G-d has spoken” - Hashem spoke only one thing, that we should serve Him and He will give reward. “Two did I hear” - He doubled the stipulation, saying: If you will walk in My statutes…and if you despise My statutes. And Dovid Hamelech continues that there are two reasons for this: “for G-d (the name which signifies the attribute of justice) has strength” in order to punish the wicked, and also “to You, Hashem, is kindness” - even when You reward each person according to his deeds, even so, it is merely a kindness and a gift, and therefore had He not doubled the stipulation then even the wicked would have been rewarded.

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