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Rabbi Gidon Rothstein
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Rabbi Gidon Rothstein's Halakhah in Brief #84

Zachor

I begin this week's essay with a quip I once heard about what a mistake it is in an halakhic work to just say that some common problem- talking in shul, for example-- is prohibited, since no one pays attention. If, on the other hand, the rule were only mentioned in a side note as a stringency that particularly religious people take upon themselves… well, then, we might make some headway. I think of that idea on Parshat Zakhor since we make such a big deal about its being an obligation imposed by the Torah. To make sure that everyone has the opportunity to fulfill this mitsvah, many shuls not only have a reading in the morning, they have additional ones immediately following davening and at Mincha (either before or after). Without discouraging anyone from hearing the reading of Zakhor, it is still worth our while to develop some perspective on the issue.

First, it is not clear that one has to hear Zakhor read from a Torah scroll in the presence of a minyan in order to fulfill the obligation. Rambam, for example (Hilkhot Melakhim 5:5 and Sefer haMitsvot, Aseh 190), makes no mention of either of these two. The same applies to Ramban (in his commentary to the end of Parshat Ki Tetsei), who only discusses a requirement to tell the story often enough to pass the memory of Amalek and the need to wipe them out on to the next generation. Following them, Sefer haHinukh (Mitsvah 603) is not even sure that we are required to mention this story once a year. He recognizes the custom to have it publicly read once a year, which he suggests may be based on a tradition unknown to him, but he only views someone as having transgressed this mitsvah if that person spends his entire life without having mentioned the requirement to destroy Amalek out loud.

There are, of course, those who disagree, and see the reading as a mitsvah de-oraita. Tosafot in Megillah 17b certainly does so, and the Taz (685;2) cites others who take that so seriously that, if forced to choose, they prefer hearing Zakhor with a minyan to doing so for the Megillah. The plain sense of the gemara (Megillah 18a) seems to agree with this opinion, since the gemara uses the verses in the Torah about remembering Amalek to prove that the Megillah must be read from a written book, and cannot be recited by heart. Nevertheless, the Shulkhan Arukh only says that "some" see Zakhor as de-oraita. Considering its murky halakhic status, it is worth comparing our assiduousness about this mitsvah to others of much clearer provenance and significance.

Further, the mitsvah of memory is an adjunct to the mitsvah of wiping out Amalek (even if, as many contend, that mitsvah will not become active again until the times of Mashiah), which means that we have to remember Amalek to create a specific emotional reality. Rambam says it best in Mitsvat Aseh 190, where he says we must "remember what Amalek did to us… and to hate him at all times, and to rouse our souls with various sayings so as to make war on him… so that our hatred of him should not diminish through the length of time." The mitsvah, then, is not to mouth the words of the warning about Amalek, but to recite that warning often enough (and, presumably, sincerely enough) to maintain a true hatred of Amalek.

From sporadic conversations on this issue, I believe we have already failed in that last regard, that the vast majority of us do not, in fact, bear any hatred towards the nation known as Amalek, nor would we easily and comfortably wage war on them should the opportunity arise. Let me therefore suggest a reason for the requirement to wipe them out, if only to possibly aid us in fulfilling our mitsvah of zekhirat Amalek. When God took us out of Egypt, He did so in a consciously public fashion, so that all the nations of the world (or, at least, the region) would hear and be awed by his power. Indeed, Hazal suggest that before Amalek came along, no one dared to fight with the Jews, lest what had befallen Egypt also happen to them. Had that state continued, the Jews would have taken Eretz Yisrael unopposed. They would have established a kingdom run by Torah law, with a Temple that was the most concentrated place of God's presence on Earth. In that scenario, the entire world would have continued to recognize God's rule.

I am not saying Mashiah would have come all the way back then, but the road that needed to be traveled to the end of days would have been much shorter. Our problem with Amalek, then, is not that they attacked us, it is that they derailed human history, and forced us (all of us, Jew and non-Jew alike) to stumble through thousands of years of trying to get back to where God in His mercy had placed us right after the Exodus. And that, it seems to me, is worth a little bit of hate.

If we couple that understanding of our hatred of Amalek with a note about our obligation to destroy them, I believe we can come to a comfortable understanding of the issue. Rambam, Melakhim 6:4, assumes that members of Amalek could avoid death by accepting the 7 Noahide laws and a certain kind of servitude to the Jews (as could the seven Canaanite nations); Rabad allows them to live only if they fully convert to Judaism. Both, however, agree that in theory a member of Amalek could save his/her life, by dedicating the rest of that life to publicly accepting the Kingdom of God and living a life in obedience to that kindgom. The requirement to destroy them, then, is only for so long as they insist on foisting their perverted values on the world, values (we should constantly remind ourselves) that made the road to the Kingdom of God remarkably longer than it had to be. With best wishes for a true memory of Amalek , Shabbat Shalom.

IF YOU NOTICE ANY ERRORS IN THIS PRESENTATION, PLEASE BRING THEM TO MY ATTENTION.

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