Parashat VaEtchanan- A Fence With a Hole Is Not a Fence

The Torah in Parashat Va'et'hanan (4:2) introduces the prohibitions known as "Bal Tosif" and "Bal Tigra" – adding to, or diminishing from, the Torah. Rashi explains that this refers to the way we observe the Misvot. If a person adds a fifth piece of parchment to the four pieces of parchment in the Tefillin, or if he adds a fifth species to the Arba Minim on Sukkot, then he violates "Bal Tosif," whereas if he uses only three pieces of parchment in the Tefillin, or only three species on Sukkot, he violates "Bal Tigra." The Ramban writes that "Bal Tosif" refers to adding a new law to the Torah, like a new holiday, whereas "Bal Tigra" means doing away with a Misva. Curiously, immediately after Moshe presents these commands, he recalls the tragedy of Ba'al Pe'or – the time when many members of Beneh Yisrael worshipped Pe'or, the deity of the nation of Moab. Moshe reminds the people that everyone who worshipped Pe'or was killed by a plague sent by G-d, whereas those who did not survived. What might be the connection between Ba'al Pe'or and the prohibitions of "Bal Tosif" and "Bal Tigra"? Why did Moshe bring up the tragic event of Ba'al Pe'or in the context of these commands? Rav Chaim Shmuelevitz (1902-1979) answers this question by noting the very unusual way in which Pe'or was worshipped – its followers would defecate on the idol. We must wonder, what kind of religion would come up with such a peculiar mode of worship? And what made Pe'or so appealing that Beneh Yisrael were lured to this type of idolatry? The answer is that to the contrary – Pe'or was the most appealing of all religions, because it championed the complete lack of restraint and boundaries. Defecating on the idol meant the elimination of all rules and limits on behavior, the belief that one can do whatever he pleases whenever he pleases, that anything goes, that even bodily functions – which humanity has always demanded be performed in private – should be performed freely. What made Pe'or so enticing was its rejection of self-discipline and self-restraint, and encouraging its followers to act upon their instincts without holding back. Rav Shmuelevitz explained that Moshe was warning the people about what happens when the Torah's system of laws is viewed as malleable, as subject to the people's approval. If a person feels entitled to modify the Torah, and introduces even a slight change – that small change is like a small hole in a fence. And a fence with a hole is not a fence. While it might not happen immediately, slight modifications to the Torah can lead to "Pe'or," to a point where anything goes, where there are no longer any iron-clad rules. This danger exists in both directions – when adding or detracting from the Torah. There were movements that began with one small "detraction," by taking away one Misva or one time-honored tradition, and this led to eventually abandoning the entire Torah. Conversely, when Rabbis try to "add" to the Torah, introducing stringencies and customs which the people find too burdensome, the people are likely to just give up observance altogether. Moshe therefore warns against both adding and detracting, insisting that we adhere to the Torah's laws without trying to modify it one way or the other. The Ramban, in his comments to this verse, writes that despite the prohibition of "Bal Tosif," the Sages introduced the holidays of Hanukah and Purim because they found allusions to these celebrations in the Torah itself. They were reluctant to approve of these new holidays, but they eventually did so – only because the Torah makes subtle reference to these two occasions. Rav Yosef Salant ( 1885-1981) added that this might explain the unusual features of these holidays. The Megilla reading, the primary Misva on Purim, does not take place on the same day in all places; the first Mishna in Masechet Megilla teaches that there are several different dates on which the Megilla was read in different locations under different circumstances. And the Misva of Hanukah candles, as we know, has three different gradations. The Gemara establishes that the minimum level requires just a single candle each night, the higher level is lighting a candle for each member of the household, and the highest level – which is what we of course do – is to add a candle each night. Although the Sages eventually approved the establishment of these new holidays, they ensured that they would be observed somewhat unusually, that they would not be as straightforward as the holidays established by the Torah, to make it clear that they were not adding onto the Torah. This shows how careful the Rabbis were when it came to introducing new customs or practices. They understood the danger of making even a slight hole in the fence, in giving the impression that the Torah is subject to modification. We must remain steadfastly loyal to the Torah and to our traditions, and never think that we know better, that we're smart enough to make up our own rules.