David Schwartz Hy"d
David Schwartz Hy"dCourtesy

In Memory of David Schwartz who fell in battle in Gaza on 27 Tevet, 5784 (8 January 2024). First published on the occasion of his marriage to Meital Gitler, David’s unique Torah thoughts that delve into the depths of the Torah are shared now to elevate his memory and sanctify his soul.

The historic dispute between Jacob and Esau over the birthright takes place in Toldot. A preview of the conflict between the twins takes place during Rebekkah’s pregnancy at the beginning of the parsha. Rebekkah experienced pain from the struggles in her womb. She was told: “Two nations are in your womb and two separate peoples shall issue from your body; one people shall be mightier than the other, and the older shall serve the younger” (25:23).

The small pain she is experiencing is just the beginning of what will amount to a much larger historical conflict. Jacob and Esau, while still in the womb, were destined to be eternal enemies. The twin brothers differed in their mannerisms and appearance, and they pulled the hearts of their mother and father in different directions. As it states: “When the boys grew up, Esau became a skillful hunter, a man of the outdoors; but Jacob became a mild man, raising livestock. Isaac favored Esau because he had a taste for game; but Rebekkah favored Jacob” (25:27-28).

Our sages tell us that Jacob epitomizes truth. As it states in the Midrash: “All of the righteous tzadikim took hold of a virtue. Abraham received the mitzvah of circumcision, Isaac attained the mitzvah of prayer, and Jacob grabbed hold of truth, as the Prophet Micah stated: ‘Grant truth to Jacob’” (Yalkut Shimoni, 247). According to the Sages, even from the time of his youth, Jacob distinguished himself with his great integrity.

Nevertheless, from a simple reading of the text, the character of Jacob himself seemingly takes issue with this interpretation of our Sages. From all appearances Jacob shows himself here and in other places as a trickster or manipulator, the opposite of the embodiment of truth.

Rabbi David Kimhi (1160-1235) explains that the meaning of the name “Jacob” represents his characteristic of being calculating or deceitful. First, Jacob “tricked” Esau, taking advantage of his brother’s poor judgment to buy the birthright from him. Indeed one cannot claim that their business agreement was not valid, since Esau scorned the value of the firstborn inheritance and sold it with full knowledge. However, it would be difficult to view Jacob as representing the value of a “tzaddik” here, and it is difficult to see this as upright behavior. Next, Jacob is deceitful for a second time when he pulls the wool over his father’s eyes to take his brother’s blessing.

Jacob’s “tricking” his brother is not a simple matter to understand. Over the centuries, there has been dispute over whether it is possible to find an explanation to justify his actions (and also those of Rebekkah). In light of this, we have to wonder why Jacob carries the flag of truth, when in his own affairs he seemingly acted as its antithesis. Faced with this dilemma regarding Jacob’s behavior, some have taken the literal approach and accepted that his actions were actually problematic.

Rabbi Jonathan Sacks has described how all of Jacob’s life was overshadowed by the “deception” against Esau, emphasizing that the eventual trick that Lavan would execute on Jacob can be seen as retribution for the actions of Jacob in our parsha. Essentially, Rabbi Sacks determines that Jacob made a mistake in his behavior.

This is not the only way to understand the story. I believe we can look at the actions of Jacob through a more positive reading, with a deep understanding that he acted to fulfill his mission to continue the legacy of Abraham and Isaac.

In order to understand this approach, we should look at the controversy between the sons through the eyes of Rebekkah. As I noted, already in the earlier stages of her pregnancy, Rebekkah sought to understand her pain and turned to God. She was told: “Two nations are in your womb, and two separate people shall issue forth from your body; one people shall be mightier than the other; and the older shall serve the younger” (25:23).

Even before their birth, Rebekkah understands that the eldest son will serve the younger who would be the successor. From the literal reading, Isaac does not know about that prophecy and does not share her first impression of the children. Rebekkah sees that Esau is "a man who knows how to hunt" and who is driven by his temporary desires. This is what brings him to sell his birthright in exchange for a stew of lentils.

In the eyes of Rebekkah, the matter is clear. Jacob is the innocent and thoughtful son, while Esau is reckless and indifferent, incapable of continuing father's legacy. Esau’s actions and lifestyle (such as marrying those idolatrous women, as Rashi says) express complete disdain for his parents, and the great responsibility of their mission. In any case, Rebekkah understands that through Jacob the vineyard of Israel will flourish.

In Baba Batra 100a, the Talmud recounts how it was Abraham's walk in the land that laid the way for the future conquest of the land by Joshua. The Ramban in his introduction to Shemot relies on this idea. He emphasizes the importance of ma’asei Avot, that the events of the Patriarchs will be repeated in future generations. The actions of the Patriarchs were not performed in their time for their needs alone, but to give strength to their descendants.

Rav Asher Weiss expands on this idea. Jacob understood that his actions were not completely appropriate from an absolute approach to honesty, but - and this is a big “but” - Jacob understood the overwhelming truth of the blessings. Since Jacob is the designated one who holds the future of Israel for the generations, he understands that there is only one choice and that means he has “to steal” the blessings out of his concern for his descendants. That is the reason for this painful “deception.” As it states in Psalm (119:126) declares, “It is time to act for God, they are nullifying your Torah.”

At this great moment, Jacob and his mother understand that this is the Divine will. Neither the blindness of Isaac nor some other problem will be an impediment, because they will not let the blessing slip away.

Jacob understands that duplicity, as painful as it is, stands as his only option. At that point, the end justifies the means. I was very happy to find Rav Hutner’s view in his work, the Pachad Yitzchak (Sukkot 97:5) on this matter. He writes:

“Generally, a principle may be clarified through a contrast with its opposite. As Rav Meir Hakohen (13th century) wrote in the Hagahot Maimoniot, if one gave a large amount to charity, and the next day he spent the same amount gambling on cards, while he gained merit in one regard he lost it in the other. ‘This is the way of the fool.’ In other words, there is no good attribute that is fit unless it is practiced in the appropriate place and refrained from in the place that is not fit. As such we find in the attribute of mercy, that ‘all who have mercy on the wicked in the end will be wicked to the merciful.’ So it is with all the attributes …

"In this manner it is incumbent upon us to understand the many duplicitous actions that we find occurring with Jacob. Esau says regarding him, 'he has cheated me (va’yaakveini) two times' (27:36); Lavan tricked him when he took out the striped, speckled and spotted from the flock. Specifically because the attribute of Jacob is truth - we find these actions of trickery around him, to show that in places that it was needed to practice deceit he could act in such a way. As the verse states: 'with the crooked, you are wily' (Ps. 18:27). The Midrash states when Jacob states that I am like his nephew, he is actually stating: 'I am like his brother in trickery”n (29:12). Now the attribute of truth becomes clearer. There is no contradiction either with calling Jacob a 'pure man.' As Rashi explains, he is not eager to trick people, but when he says regarding himself that he is Lavan’s nephew with the capacity to deceive someone it just shows the purity of Jacob.”

Indeed, it seems to me that the reality is that there is no pure truth here, as we may have been inclined to explain.. The great lesson in my opinion is the understanding that at times it is upon us to move over a set boundary in order to establish a real line of justice and truth that will be enforced. This is not a simple task, and it requires personal integrity with clarity and strength. I admit that this understanding is somewhat dangerous but in my humble opinion this is the insight that we may learn from the actions of Jacob. Our Sages who identified Jacob with the attribute of truth must surely approve of this interpretation.