Bein Adam leChaveiro (3b) – Differentiating between types of mitzvot

A weekly series on halakhot of Mitzvot Bein Adam l’Chaveiro (interpersonal commandments)

Last week we questioned the categorization of the Torah’s commandments into mitzvot bein adam laMakom (commandments between a person and God) and mitzvot bein adam lechaveiro (between a person and another). We questioned these categories that don’t appear in the Torah, Mishna, or Talmud, and don’t seem to reflect the multifaceted nature of many mitzvot. We ended with Rambam, who appeared to classify mitzvot based on their objectives, instead of the nature of the action.

Rambam explains the Torah’s objective

In Guide to the Perplexed, Rambam explains that actions can be classified based on their objective. An action that fails to achieve its goal is in vain, an action without a goal is purposeless/mindless, and an action with a lesser goal is trivial. “An action is good and proper when it has a higher purpose, something necessary or beneficiary, and achieves its purpose.”^[1]

Since the classification depends on the goal, the same action can be in different categories, depending on the actor and circumstances. For example, walking. If someone is walking to do something, and does not reach their destination, it is “in vain.” Sleepwalking is “purposeless/mindless.” A stroll in the garden to pass the time is trivial. But the same walk is good and proper when it has a loftier purpose, such as physical or mental health.

Rambam teaches that everything God does in this world is “good and proper.”  Consequently, the Torah in general has a purpose, and every mitzvah in the Torah has a reason and a purpose: “the statutes of the Eternal are true, they are righteous altogether.”^[2] What is the purpose of the Torah?

“The Torah’s overall objective is two things: the rectification of the soul and the rectification of the body. The rectification of the soul is when people comprehend correct ideas according to their capacity… And the rectification of the body is through establishing the way they live and interact with one another. This is achieved in two ways. One is removing violence in their midst, meaning people don’t do whatever they want and are able to do, but what benefits society. Second is instilling beneficial character traits (good morals) for communal life, for orderly governance.”^[3]

In addition to an individual’s health and needs, Rambam explains rectification of the body also addresses relationships with others and general social structures, since people are social beings who can’t survive alone.^[4] The rectification of the soul involves comprehending truths and instilling good values and proper character traits.

Rambam believes that the ultimate, more elevated objective of the Torah is the rectification of the soul. However, much like Maslow’s hierarchy of needs, this goal can only be achieved once the body is in order. “A person who is suffering, very hungry or thirsty, or very hot or cold, can’t understand an intellectual idea even if it is explained to them, let alone arrive at it independently.”^[5] If our physical wellbeing is lacking, our endeavors to refine and rectify our souls will not succeed. Consequently, rectification of the body is a more pressing, universal, and basic necessity.

Rambam explains that every mitzvah achieves at least one of three objectives so we can reach these goals. Mitzvot may prevent interpersonal injustice, encourage good traits that improve life within society, or instill a true idea one ought to believe.^[6]

Chessed and tzedaka as mitzvot bein adam laMakom

Which of these objectives are bein adam lechaveiro and which are bein adam laMakom? Rambam identifies fourteen classes of mitzvot and the objectives they achieve. Then he states:

“It is known that the commandments are divided into two parts: transgressions between a person and another, and transgressions between a person and God…”^[7]

Just as we saw in Yoma, Rambam uses the term “aveirot bein adam laMakom” and not “mitzvot.” He puts three plus subtypes under the heading bein adam lechaveiro: the fifth type – laws that prevent oppression and violence, such as laws of damages; the sixth type enforcing punitive measures such as capital punishment and monetary fines; the seventh type that regulates business dealings and monetary transactions. He also includes parts of group three. Group three are laws that instill proper character traits, as he enumerates in Hilkhot De’ot, since some of these are the bedrock of a functioning society.

What is not included in Rambam’s classification of bein adam lechaveiro?

Some of the classes Rambam includes in bein adam laMakom are relatively simple to understand, such as belief in God, rejection of lies such as idolatry, and daily worship. Some are slightly more curious, they seem based in faith but also benefit society, such as observance of Shabbat and festivals and controlling our urges. But the most puzzling of mitzvot not included in bein adam lechaveiro is group four, mitzvot that involve tzedaka (charity), loans, and gemilut chassadim (acts of lovingkindness). Even though he explains “everyone can benefit from them in turn, for someone who is rich today, or their sons, may be poor tomorrow. And someone who is poor today, or their sons, may be rich tomorrow.”^[8]

Why are tzedaka and good deeds considered bein adam laMakom?

“Every commandment, whether it is positive or negative, whose objective is to instill a character trait or idea or rectify actions that only relate to the individual person and bring them to wholeness – is called [by Chazal] between a person and the Omnipresent, even if they lead to interpersonal matters.”^[9]

Rambam explains that mitzvot whose objective is to teach us true ideas or instill good character traits are mitzvot bein adam laMakom, even if they also improve society and help people.

What belongs squarely in bein adam lechaveiro? It seems these are mitzvot whose only objective is “rectification of the body,” the basic laws necessary to keep society running smoothly. Looking back at the classes, most of them are actually mitzvot lo ta’aseh, prohibitions against lying, stealing, cheating, and violence. These are the mitzvot of sur mei’ra – turn away from evil. They restrain us from causing harm. They may teach us what is wrong, but they do not tell us what is right and true.

According to Rambam, these transgressions are more serious because they harm the “body,” the social contract “bein adam lechaveiro” that is the basis of any further spiritual development. Such transgressions harm the injured party, perpetrator, and their relationship with God, but it also degrades the bedrock of society. In this light it’s clear to see why such transgressions require the additional components of appeasing the wronged party and public repentance to achieve atonement.

Every time we use a false measure, we steal a bit of money from the specific individual before us. This harms the individual, making it more difficult for them to achieve their physical goals, which prevents them from focusing on the spiritual. It also erodes the social contract, affecting others as well. But if we don’t give our tithes to the poor, we have not harmed anyone specific. Rather, we have failed to do a mitzvah and consequently we have harmed our soul and our relationship with God by failing to incorporate the traits and beliefs of this mitzvah – charity, kindness, knowledge that God provides for each person.

In this light, it makes sense for Rambam to use “aveirot bein adam lechaveiro,” focusing on the transgression, as opposed to mitzvot. The positive actions of aseh tov – do good – may help people, but since they instill good character traits, rectify our souls, and bring us closer to God, they are considered bein adam laMakom.

The ultimate union between mitzvot bein adam lamakom and mitzvot bein adam lechaveiro

Lest we think that Rambam believes that once we have perfected our body and soul there is no more need for action, he makes it clear that knowledge always involves action:

“A human can only take pride in comprehending God and knowing God’s ways, as in actions, as we explained on the verse ‘Let me know Your ways [and I will know you so I will find favor in Your eyes.’^[10] And this verse teaches us that the actions that we ought to know and imitate are chessed (kindness), justice (mishpat), and righteousness (tzedakah).”^[11]

Rambam explains that the overarching goal of knowing God means knowing God’s ways and following them – imitatio dei. He uses the verse in Yirmiyahu to prove that the greatest human achievement is to accurately imitate the way God interacts with the world, specifically in these three categories:

“The wise should not glory in their wisdom nor the mighty in their might, nor the rich in their riches, for those that glory should glory in this: comprehend and know Me, for I am the Eternal, who acts in kindness, justice, and righteousness in the world; for I desire these, says the Eternal.”^[12]

Accordingly, just as all people are connected to one another, all Jews connected to one another, and all of us connected to God, so too all our actions can affect all these relationships. The highest level we can reach as people is to follow God’s ways by treating other people with the same kindness, mercy, and justice God reveals to us.

Conclusion

Rambam’s approach is unique. Most people consider mitzvot like visiting the sick and giving charity to be mitzvot bein adam lechaveiro, along with most other mitzvot that affect relationships between people. The aim of this discussion was not to argue with this understanding, but to add to it. When we use the term “mitzvot bein adam l’chaveiro,” we must be aware that this is not an inherent category. Indeed, it runs contrary to the most basic beliefs of Judaism. Indeed, since Torah and mitzvot are multifaceted, trying to limit them to categories generally results in confusion.

So why use this category? Why have a series on halakhot of mitzvot bein adam lechaveiro?

Perhaps it is like Rambam’s explanation in another context. There is a general rule that women are exempt from the category of mitzvot aseh shehazman grama.^[13] The problem is that women are not exempt from all positive time-bound mitzvot, and sometimes they are exempt from mitzvot that are not time bound. While some try to find rules for all these exceptions to the general rule, Rambam balks at their efforts:

“You already know that there is a general rule by us that we don’t learn from generalities, and they (the sages) said “all” when they meant to say “most,” but the scope of the positive commandments that women are obligated to do and what they are not obligated to do, do not have a general rule, rather they were transmitted orally and they are widely accepted traditions.”^[14]

These categories are not inherent, they are human-made tools to help us learn and understand.  The categorization can help us to focus on aspects of our observance and articulate certain halakhot and ideas. But seeing these categories as objective truth with strict definition rather than subjective generalities can backfire – causing confusion or limiting the scope of the Torah, mitzvot and our rich tradition.

Ultimately, people were created in God’s image, a mixture of physical and spiritual. We are tasked with realizing the full potential of this Divine image – rectifying our bodies and souls together with other people so we can know the ways of our Creator and follow them in our actions. Mitzvot bein adam laMakom and bein adam lechaveiro are all part of one Torah. All are necessary.

So why focus on the halakhot of bein adam lechaveiro?

That will be next week’s topic.

 

 

[1] Guide to the Perplexed III 25

[2] Guide to the Perplexed III 26 quoting Tehillim 19:10). Rambam explains that there are laws whose reason we don’t properly understand (chukim), but this is not because they don’t have a reason, but rather because our knowledge is limited.

[3] Guide to the Perplexed III 26

[4] III 27: “The first wholeness is health, and this can’t be realized if one can’t find their needs whenever they seek them. Meaning, their food and livelihood and other things necessary to manage the body, like a place to live and a bath, etc. There is no way a person alone can procure all this, and without a governed society no one can obtain this level, for people are social by nature, as it is known.”

[5] Guide to the Perplexed III 27

[6] Guide to the Perplexed III 28

[7] Guide to the Perplexed III 35

[8] ibid

[9] ibid

[10] Shemot 33:13

[11] Guide to the Perplexed 3:54.

[12] Yirmiyahu 9:22-23

[13] See Kiddushin 34a-35b

[14] Rambam Commentary on the Mishna Kiddushin 1:7