English translation — ויגש א

Sicha 1<pg>215</pg>

A.

At the beginning of our parshah, in the words of Yehudah to Yosef, why he entered into a quarrel for Binyamin more than for his other brothers,

the verse uses the language of "areivus",

"For your servant became a surety for the youth"<sup>1</sup>,

and so too above in Parshas Mikeitz<sup>2</sup>

(in the words of Yehudah to Yaakov),

"I will be his surety".

Regarding the essence and definition of this guarantee, we find a dispute in the Talmud<sup>3</sup>

: Said Rav Huna: From where [is it derived] that a guarantor is obligated

(by mere verbal declaration without an act of acquisition.

Rashbam)

As it is written: "I will be his guarantor; from my hand you shall demand him,"

Rav Chisda objected to him: That is a receiver, as it is written<sup>4</sup>

"Place him upon my [hand] and I will return him"

(That is, as if I received him<sup>5</sup>

into my hand, I will return him to you.

Rashbam)

Rather, said Rabbi Yitzchak: From here: "He took<sup>6</sup>

his garment because he was a guarantor for a stranger... and it says<sup>7</sup>

"My son, if you have become a guarantor for your friend, you have given your hand for a stranger..."

And behold,

even though from the plain sense of the Gemara it appears that the words of Rav Huna were rejected,

we find in many places<sup>8</sup>

that the law of a guarantor

(that a guarantor is obligated from the Torah)

is derived from the guarantee of Yehudah, who said: "I will be his guarantor"

[And also in the Midrashim<sup>9</sup>

at the beginning of our parshah, they connect the laws of guarantee to the guarantee of Yehudah].

And it is explained in the commentators

that Rav Huna and Rav Chisda follow their reasoning later in the Gemara

regarding the law of one who says "Lend him and I will repay",

"Lend him and I will give",

that according to Rav Huna they are expressions of guarantee,

and according to Rav Chisda they are expressions of acceptance of responsibility,

and therefore Rav Huna according to his reasoning holds that Yehuda was a guarantor,

and therefore several poskim ruled accordingly as halacha

(that they learn the law of guarantee from Yehuda),

because also Rava holds in the Gemara there that "all of them are expressions of guarantee".

And one must understand: at first glance Rav Chisda's difficulty is not only that "behold

(of Yehuda)

it is acceptance of responsibility"

(as the language of Rashbam "as if I accepted him

"I will return him to you,"

but according to the version of the She'iltot¹⁴

in the question of R. H. that "Yehudah himself borrowed, as it is written"¹⁵

"Send the lad with me"¹⁶,

And in such a case, behold also Rav Huna holds apparently that it is not an expression of guarantee?

And also the words of Rav Huna require explanation,

for what is the matter of the law of guarantee in monetary matters to the guarantee of Yehudah,

which apparently does not apply to this the law of guarantee — and it is not a monetary obligation¹⁷

(And the lien of the law of guarantee)¹⁸.

And therefore it seems to me,

that the intention of R. Hillel is not that by Yehudah there was a law and obligation of surety,

but rather since Yehudah defined his promise to Yaakov with the term "surety" — we learn from this the law of surety in monetary matters,

as follows.

2.

Explanation of the matter:

The guarantee of a guarantor is to be explained in two ways: a)

the lien belongs only to the debt,

that he obligates himself to pay the debt of the borrower,

b)

the guarantor stands in place of the borrower,

and therefore the lien of the body that is upon the borrower to pay his debt

(and payment of a debt is a mitzvah),

applies to the guarantor¹⁹

(who stands in his place)²⁰.

And it may be said,

that this is the intention of Rav Huna who learns the law of guarantee from the guarantee mentioned regarding Yehudah,

for he holds that the lien

(of the body of)

the guarantor

(in every guarantor²¹)

is

(not only on the debt,

but it is)

like the lien of the body that is upon the borrower,

for it is as if the guarantor himself received the money from the lender²².

And upon this it is well to bring support from the guarantee of Yehudah,

which was in a manner that he obligated himself completely

("And I bound myself with a strong bond to be etc."²³),

"I will be his guarantor; from my hand you shall require him."

But R. Yishmael holds that the law of surety is learned from what is written "My son, if you have become surety for your friend, if you have struck your hand for a stranger, etc.",

because in his view the law of monetary surety applies only to the money of the debt that one obligates himself to pay money,

and this is not a lien on the body like the borrower

[And to this reasoning and opinion R. Hisda objected that the surety of Yehuda "that is a guarantor",

or according to the version of the She'iltot "there Yehuda himself is a borrower",

because the manner of Yehuda's surety to return Binyamin is by placing himself in his place

(not an effort and obligation to return Binyamin),

not a simple surety but like a guarantor or borrower,

but R. Huna holds that also in a monetary debt simply the lien is because his fellow's debt of the borrower is as his own,

and consequently he places himself under lien].

Therefore R. Yishmael learned from the verse "My son, if you have become surety for your friend, if you have struck your hand for a stranger etc.",

that is emphasized in the verse²⁴

that he is a stranger person,

except that he became a surety for him.

<pg>217</pg>

3.

And one may add explanation in this that the lien of the surety

(according to Rav Huna)

is in a manner that he stands in the place of the borrower literally — this is from the side of the general law of surety of all Israel,

that all Israel are sureties for one another²⁵

:

Just as we find regarding the matter of the blessing of the commandments&lt;sup&gt;26&lt;/sup&gt;,

"that even one who is not obligated in the thing because he has already fulfilled his obligation can bless for one who has not yet fulfilled..

because in commandments that are an obligation, all of Israel are guarantors for one another and he is also called obligated in the thing when his fellow has not yet fulfilled his obligation"&lt;sup&gt;27&lt;/sup&gt;

— and this is because "the definition of guarantorship is because all of Israel is like a single individual"&lt;sup&gt;28&lt;/sup&gt;,

"one body&lt;sup&gt;*28&lt;/sup&gt;

and one existence"&lt;sup&gt;29&lt;/sup&gt;

(for all of Israel are the definition of a public,

which is not merely a combination of a multiplicity of individuals but that the entire public is one existence)&lt;sup&gt;30&lt;/sup&gt;,

[And as explained in the books&lt;sup&gt;31&lt;/sup&gt;

the interpretation of "all of Israel are guarantors for one another" — that "guarantors" is also from the language of intermingled,

that all of Israel are intermingled with one another,

for all of Israel together are called one man and they are one structure,

and therefore they are guarantors for one another because when a blemish occurs in the foot, for example, the entire body feels&lt;sup&gt;32&lt;/sup&gt;],

and consequently the obligation that is upon his fellow also applies to him, so that "he too is called obligated in the matter,"

likewise it is regarding the obligation of money,

that from the side of the law of surety that all Jews are guarantors for one another,

the obligation³³

of payment that is upon the borrower applies to his fellow the guarantor as if he borrowed the money and became obligated to pay this debt³⁴.

And based on this, we can explain the aforementioned dispute in the source of the law of guarantee at a deeper level — that the content&lt;pg&gt;218&lt;/pg&gt;

Their dispute is,

whether the definition of monetary guarantee applies and comes from this that all Jews are guarantors for one another.

Explanation of the matter:

The reason for this unity among Israel, that all Israel are intermingled with each other

(And therefore they are one entity)

is because of their soul,

whose root is in "Hashem is One"³⁵

(Therefore there is no law of a congregation regarding a Ben Noach³⁶),

but unlike from the aspect of their body,

indeed "the bodies are divided"³⁷

[And as our master the Alter Rebbe explains³⁵,

that for this reason "the fulfillment of the commandment 'And you shall love your fellow as yourself' for every soul of Israel from great to small" is through a person making his soul primary³⁸].

And in this they disagree,

whether the unity among Israel

(that all are one existence and "intermingled with one another"),

is only in matters of his soul

(as in fulfillment of positive commandments or the obligation of rebuke and protest against sin, etc.³⁹),

or that this unity also pertains to a person's money:

According to the first opinion,

since the essence of Israel is that they are "one nation in the land,"

as explained by our master, the Alter Rebbe⁴⁰

that also in matters of "land"

(earthly and material matters)

they reveal the unity of Havayah,

therefore it is possible to reveal also in matters of money the unity among Israel, that they are guarantors and intermingled with one another,

But according to the second opinion

(that from the plain sense of the continuation of the Gemara it seems that such is the conclusion)

— "The Torah speaks of the majority"&lt;sup&gt;41&lt;/sup&gt;,

and it is impossible for the majority of Israel that it should effect

(by being revealed)

such a unity

(which effects the matter of mutual responsibility, that all Israel are guarantors and intermingled with one another)

also in material things and monetary matters&lt;sup&gt;42&lt;/sup&gt;

of the other,

and therefore he holds that it is a law in its own right,

that the guarantor obligates himself to pay the debt of his fellow.

4.

Based on this, one may explain the reason

(the inner)

that the law of guarantee in monetary matters is derived

(according to the opinion of Rabbi Huna)

specifically from the guarantee of Yehuda — for it may be said,

that his guarantee for Binyamin indicates a unique manner in guarantee,

which is a result of a most elevated manner in the unity of Israel,

and from the aspect of this level in unity, unity is drawn also into matters of the private domain

(and the material)

of Israel.

And this will be understood with the prior addition of explanation regarding that all Israel are guarantors and intermingled with one another,

as explained there, that just as a person has a head and a leg, so too all Israel together are called one person and one stature — that just as the "unity" in the limbs of the body has several modes, so too in the unity of Israel:

a)

The completeness of the body depends on there being all the limbs in it,

for when one of them is missing,

even if it is the most insignificant and lowest limb,

the entire body is not a complete body.

b)

Above this is — that all limbs of the body complement each other,

for all of them need each other,

and just as by bloodletting in the leg the head will be healed,

and likewise the leg supports the head and carries it,

so that from the perspective of this matter the leg is called head and the head leg

(for in this matter the head receives from the leg),

and every limb is a "head" from the perspective of its particular virtue that it&lt;pg&gt;219&lt;/pg&gt;

influences all the other limbs,

and even to the extent that "there will not be found among them head and end"&lt;sup&gt;43&lt;/sup&gt;.

But in these two manners there is still a division between the limbs,

not to mention in the first manner,

that the perfection of the body depends on there being 248 limbs,

that this is specifically when there are 248 divided limbs,

meaning that it has all the 248 particular virtues of all the 248 limbs,

that through all of them together is formed "one complete structure"; but also according to the second manner,

that the superiority of one limb over another is not so noticeable,

since all of them are "head" — nevertheless,

the virtue of each limb is only in its particular matter,

in that it is divided from its fellow.

But the true unity of the structure of the body is,

when each limb feels that its main existence and matter is not its particular qualities but in that it is a part of the human body in its entirety,

that this matter is in all the limbs equally,

that all of them are a part of this structure equally,

and from this aspect they are in complete unity⁴⁴.

And so it is also in the unity of Israel,

that all Jews are guarantors and intermingled with one another,

to be one complete structure,

that there are in this these three manners:

a)

The completeness of the entirety of Israel is when there are all the types from "your heads, your tribes, etc." until "the drawer of your water"⁴⁵.

b)

Above this — that each type of Bnei Yisrael influences from his level to all the rest of Yisrael,

in a way that all Yisrael need each other and complete one another,

until there is not found among them head and tail.

c)

The most supernal unity,

that all Yisrael are a part of the collective Yisrael,

which is from the aspect of the point of Judaism that is in each and every one of Yisrael,

which is equally truly for all of them,

and this is the true essence of the matter of all Yisrael are areivim and me'uravim this with that⁴⁶,

that there is in this no division at all

(head and foot),

and all of them are like one point truly⁴⁷.

ה.

And one could say,

that this is one of the reasons⁴⁸

that specifically Yehuda was guarantor for Binyamin:

Yehuda's guarantee,

that he was bound "with a strong bond to be etc. in two worlds",

is a most profound guarantee,

coming from the aspect that all Yisrael are truly one essence,

like a single point.

And therefore this guarantee was specifically by Yehudah,

for the main aspect of Yehudah is — kingship

[that Yehudah was king among the tribes&lt;sup&gt;49&lt;/sup&gt;,

&lt;pg&gt;220&lt;/pg&gt;

And so it was blessed&lt;sup&gt;50&lt;/sup&gt;

"The scepter shall not depart from Yehudah etc. until Shiloh comes",

from which comes the kingship of the House of David which is "the main kingship"&lt;sup&gt;51&lt;/sup&gt;

of Israel]

— and from the aspect of kingship the true unity of Israel is revealed,

that they are one point above division.

And as explained elsewhere,

that the king not only includes all the people

(that he is king over them),

but that through him all the people become one entity

(and note from the language of the Rashba⁵²

"the king is like the community, that the community and all Israel are dependent on him"),

and from this there is no division in the people of Israel⁵³,

and all their existence is only the existence of the king⁵⁴.

6.

According to the above, the reason is also understood,

that the connection between the law of surety in monetary matters and that all Jews are guarantors for one another is attached to the verse of Judah's guarantee for Benjamin:

the power to extend the matter of unity

(which from the side of the soul)

also in his physical matters and matters of permission of the person,

comes from the feeling of the depth of the truth of the matter of the unity of Israel,

that all of Israel are truly one,

And in the manner mentioned above regarding the matter of kingship — that the power of kingship is not only over human beings,

but all things,

also the inanimate, vegetable, and animal,

that are in his state,

they are under his control and his dominion.

And therefore,

specifically the guarantee of Yehudah for Binyamin,

that through this comes to expression the most supernal aspect in the unity of Israel

(as above section 5),

we learn that the law of monetary guarantee relates to that of "all Israel are guarantors for one another."

7.

The portion of Vayigash is read every year in proximity to the Tenth Fast,

the day on which "the king of Babylon advanced..

upon Jerusalem and brought it into siege and distress"⁵⁵,

and according to what is explained in the Shelah⁵⁶

it is understood that there is a connection between them:

See above in another place⁵⁷,

the verse "the king of Babylon leaned on Jerusalem" was in the category of a prior remedy for the blow

(of exile),

for the cause of the intensity of the exile is due to the sin of baseless hatred⁵⁸,

and the remedy — the redemption from exile — is through an opposite action,

baseless love until the unity of Israel<pg>221</pg>

in its completeness.

And this unity is achieved naturally through a siege,

when "no one goes out and no one comes in"⁵⁹,

that all who are in the siege are always together in the city; and furthermore: the essence of a siege is not only that no one goes out and no one comes in from the city's people,

but rather so it is with all matters of the city and all objects of the city,

and the intention of the siege is not

(only)

that the people inside the city should not go out, but that it should not be within their ability to take out and bring in the city's needs,

food, drink, and weapons etc.

And this is that the siege upon a city

(And especially upon a city that is surrounded by a wall from itself)

makes all the things in the city and all that is in the city like one existence.

And this is the content of the matter of the siege upon Jerusalem in particular,

a city that was joined together⁶⁰,

that joins together all of Israel,

that the children of Israel are compelled by nature to be in unity together in Jerusalem,

they and all that is theirs

[And if this would bring about true unity among the children of Israel,

then ostensibly it would be a prior healing to the blow in actuality,

and the blow would be nullified from the outset,

and Nebuchadnezzar would not be able to rule over them.

And all the more so and a fortiori from the situation of "the joining of the nerves of Ephraim",

that when they were⁶¹

in "joining" even though it was "nerves" descending to war and conquering].

And therefore the main service when one is in the time of exile,

at the heel of the heel of Mashiach,

is to strengthen and to act most in the matter that all of Israel are guarantors one for another,

intermingled one with another,

to strengthen and to act in love of Israel and in unity of Israel,

And it is simple that the intention is not, heaven forbid, to give in or even to make compromises, heaven forbid, in matters of Torah and commandments,

And on the contrary,

this that all of Israel are guarantors one for another obligates each one of Israel to separate his fellow from a prohibition and from sin³⁹,

"You shall surely rebuke your fellow..

And you shall love your neighbor as yourself"⁶²

[Like the conduct of Aharon the Kohen,

High Priest⁶³

"Loves peace and pursues peace, loves the creatures and draws them near to Torah",

And not that he draws the Torah near, heaven forbid, to the creatures,

compromises and concessions in the observance of the Torah according to the spirit of the time and the place, heaven forbid].

And you will add and increase action and vigor in love and unity of Israel,

you will bring immediately and at once the coming of Mashiach our righteousness,

as explained in the haftarah of our parshah⁶⁴,

and the matter of the approach of Yehudah to Yosef will be fulfilled in completeness,

the two sticks

(of Yehudah and Yosef)

"shall become one in your hand..

and one king shall be for all of them",

for "My servant David shall be king over them..

a prince for them forever",

speedily in our days, literally.

(From the maamar and sichah of Shabbos Parshas Vayigash 5732; sichah of Tu B'Shvat 5745)