Parsha Halacha

Parsha Halacha - Parshat Shemot

Geviha ben Pesisa

The Wise Hunchback in the International Claims Court

Co-sponsored by Shmuel Ahron and Malka Forshner And by Malca Bassan in memory of her mother Sara bat Malca Z"L, Yahrzeit Tevet 24, 5765. May her neshamah have an Aliyah

Parsha Halacha is underwritten by a grant from Dr. Stephen and Bella Brenner and Dr. Morton Borg in loving memory of Stephen's father, Shmuel Tzvi ben Pinchas, and Bella's and Morton's parents, Avraham ben Yitzchak and Leah bas HaRav Sholom Zev HaCohen

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In the Torah portion of Shemot, G-d informs Moshe that when the Jewish people leave Egypt, they will not do so emptyhanded, as the verse says,[1] וְשָׁאֲלָה אִשָּׁה מִשְּׁכֶנְתָּהּ וּמִגָּרַת בֵּיתָהּ כְּלֵי כֶסֶף וּכְלֵי זָהָב וּשְׂמָלֹת – “Each woman shall borrow from her neighbor and the lodger in her house objects of silver and gold and clothing…”

The word וְשָׁאֲלָה can be translated in two different ways:

1)     “Shall Request”

According to Rabeinu Chananel, Rashbam, Rosh, Rabbeinu Bachyah, Chizkuni andKli Yakar, it means “shall request,” i.e., that the Jewish people would request these items from the Egyptians without claiming that they would return them. According to this translation, the Jewish people didn’t trick the Egyptians at all. 

There are many examples in Tanach where the word וְשָׁאֲלָה has this meaning (see the footnote).[2]

2)     “Shall Borrow”

The Ibn Ezra, Bechor Shor, Seforno and others translate it as “shall borrow” i.e., the Jewish people said that they would return these items after they worshipped for three days in the desert.[3]

Explaining the Deceit

According to the latter translation, this trickery was permitted for several reasons.[4]

·        The Jewish people deserved to be paid for all of their forced slave labor in Egypt. Since the Egyptians weren’t willing to pay them willingly, this was the only feasible way to receive it.[5]

·        The Jewish people owned land and properties in Egypt. Since they couldn’t take these with them, they took movable items instead. 

·        Originally, the Jewish people were supposed to return these items, but when the Egyptians chased after the Jews, battled with them and were drowned at sea, the Jewish people were then entitled to keep these items as spoils of war.

·        The entire world belongs to G-d, and He can decide who should be the rightful owners of any property. As such, since He commanded the Jewish people to take (and keep) these items, they were fully entitled to do so.

·        G-d instructed the Jewish people to do this in order to lure the Egyptians into chasing after the Jews to retrieve their wealth. This would lead to their well-deserved demise in the Sea of Reeds.

The International Claims Court

The Talmud[6] recounts how various nations presented their claims against the Jewish people to Alexander the Great. While the other sages hesitated to represent the Jewish people in these disputes, there was one sage, a hunchback by the name of Geviha ben Pesisa, who wholeheartedly took on the challenge. He refuted all their claims so convincingly that these nations forfeited many of their own properties rather than having to face Alexander again (as explained below). 

The Story

Here is the story as recounted in the Talmud.

The people of Egypt came to judgment with the Jewish people before Alexander of Macedon. The Egyptian people said to Alexander: “It says in the Torah:[7] ‘And the L-rd gave the people favor in the eyes of Egypt, and they lent them.’ Give us the silver and gold that you took from us.” (I.e., which you claimed that you were borrowing and never returned.) 

Geviha ben Pesisa said to the Sages: “Give me permission and I will go and deliberate with them. If they will defeat me, say to them: ‘You have defeated an ordinary person.’ And if I will defeat them, say to them: ‘The Torah of Moses, our teacher, defeated you.’” The Sages gave him permission, and he went and deliberated with them. 

The Defense 

Geviha ben Pesisa said: “From where are you citing proof that you are entitled to the silver and gold? From the Torah? I too will cite proof to you only from the Torah, as it is stated:[8] ‘And the sojourning of the children of Israel, who dwelt in Egypt, was four hundred and thirty years.’ Give us the wages for the work performed by the 600,000 men whom you enslaved in Egypt for four hundred and thirty years.”[9]

The Result

Alexander of Macedon said to the people of Egypt: “Provide Geviha ben Pesisa with a response to his claims.” They said to him: “Give us three days to consider the matter.” The emperor gave them the requested time, they examined the matter and did not find a response to the claims. Immediately, they abandoned their fields that were sown and their vineyards which they had planted, and fled. That year was a Shmitta year, and the Jewish people were able to use the produce of those fields to sustain themselves. 

 The Aftermath

According to the Midrash,[10] the Samaritans then approached Alexander and tried to sour his positive outlook on the Jewish people by saying that they would never allow him to enter into the Holy of Holies. When Geviha realized this, he accompanied Alexander to the Beit HaMikdash (to try to ameliorate the situation). When they reached the Temple Mount, he gave him two socks (since one may not wear shoes on the Temple Mount) into which he had embroidered two precious stones (it seems that these were a bribe), and explained that these would help him not slip on the stone floor of the Temple. 

When they reached the Holy of Holies, Geviha said “Up until that point we have permission to enter. From the point and on we may not enter.” Geviha was referring to the Jewish people and explaining that even the Jewish people may not enter beyond this point. Alexander, of course, inferred from this, that he too would not be allowed to enter. He said, “When I leave here, I will (give you such a kick that I will) straighten out your hump.” To which Geviha replied, “If you do that, you will be called an expert doctor, and you will receive great payments for this.”[11] According to Megillat Ta’anit,[12] Alexander was then bitten by a snake (to prevent him from entering the Holy of Holies).[13]

Which Alexander?

Rabbi Yakov Emden suggests[14] that the Alexander in the story of the Midrash must have been a messenger of Alexander the Great and not Alexander himself since the Talmud[15] tells the story of how he treated Shimon HaTzadik, the High Priest, with great respect. In light of his respect for the High Priest, presumably he would not have tried to enter the Holy of Holies.

Others say[16] that the Alexander in story of the Midrash was the son of Alexander the Great who bore his father’s name.[17]

Who Was Geviha?

Geviha is mentioned in one page of the Talmud, the Midrash and in Megillat Ta’anit (as quoted above). The commentaries explain a little bit more about his background: 

What’s in the Name?

·        According to Rabbi Avraham Zacuto (of 15^th and 16^th Century Spain, Portugal, Tunisia and Israel)[18] The name Geviha comes from the word גבוה /Gavoha which means “tall.” He was given this (nick)name because, originally, he was a tall man who was one of the guards of the Beit HaMikdash (see Megillat Ta’anit, ibid). He became a hunchback in his old age.

·        Others say that the name Geviha indicates that he was tall (i.e., long) although he was also bent over.[19]

·        It’s possible that he was called “tall” as expression for being hunched over just as the Talmud calls a blind man “one who has much light.”

·        Rabbi Nathan ben Yechiel (of 11^th Century Rome) writes[20] that Geviha means “hunchback.” (He gives Targum Yonatan on Leviticus 21:3 as a source for this interpretation. The Targum there translates גבן as a person with a wart on the eye. The hump of the hunchback is similar to a wart in that it sticks out.[21] The Targum Yerushalmy on the above verse gives several translations to the word גבן. Two of them are “a midget” and “a giant.”)

·        Rashi says that Geviha was simply Gevihah’s name. (It is noteworthy that in the Midrash his name is given as Geviha ben HaKosem.)

His Profession

According to Megillat Ta’anit, Geviha was a guard of the Beit HaMikdash. (As mentioned above, this had to have been before he became a hunchback since a person with a blemish may not serve as a guard in the Beit HaMikdash.)

His Tribe

Some say[22] that Geviha was a Kohen (but not the Kohen Gadol). The source for this idea isn’t clear.[23] The fact that he was a guard in the Beit HaMikdash is not evidence that he was Kohen since the Levites, too, guarded the Beit HaMikdash. 

May we soon merit to enter into the Holy Sanctuary!

[1] Exodus 3:22.

[2]  Here are the examples that are quoted:

·        Judges 8:24 אֶשְׁאֲלָה מִכֶּם שְׁאֵלָה וּתְנוּ לִי אִישׁ נֶזֶם שְׁלָלוֹ - “I have a request to make of you: Each of you give me the earring you received as booty…” (A request made by Gideon to his soldiers.)

·        I Kings 2:20 שְׁאֵלָה אַחַת קְטַנָּה אָנֹכִי שֹׁאֶלֶת מֵֽאִתָּךְ אַל תָּשֶׁב אֶת פָּנָי – “I have one small request to make of you, do not refuse me.” (A request made by Batsheva to King Solomon regarding giving Avishag to Adoniyah.)

·        I Kings 3:5 שְׁאַל מָה אֶתֶּן לָךְ׃ – “Ask and I will give you.” (This is when G-d offered to King Solomon anything he desired.)

·        Psalms 2:8 שְׁאַל מִמֶּנִּי וְאֶתְּנָה גוֹיִם נַחֲלָתֶךָ – “Ask it of Me, and I will make the nations your domain…”

·        Psalms 21:5 חַיִּים שָׁאַל מִמְּךָ נָתַתָּה לּוֹ – “He requested life and You granted it.”

[3] See Exodus 3:18 and in many places.

[4] The reasons given here come from the sources quoted above (Ibn Ezra, Bechor Shor, etc.)

[5] Although the Jews worked for Pharaoh, they were entitled to payment from all of the Egyptians since the Egyptians were considered Pharaoh’s slaves (Meshech Chochma, end of Parshat Vayigash).

[6] Sanhedrin 91a.

[7] Exodus 12:36.

[8] Ibid, 12:40.

[9] In fact, the Jewish people were only enslaved in hard labor for 86 years. But, the number 600,000 represented only one fifth of the Jewish people as the rest died in the plague of darkness. When multiplying 86 by 5 one reaches the number of 430 (the Chida in Rosh David on Parshat Shemot).

[10] Bereishit Rabbah 61:7.

[11] In the Talmud’s version of the story, this snippet is exchanged between Geviha and a heretic who challenged him about the resurrection of the dead.

[12] Chapter 3, entry “On the 25^th day of Sivan.”

[13] See here that, to the day, the cause of death of Alexander the Great is unknown.

[14] In Hagahot Ya’avetz on Megillat Ta’anit.

[15] Yoma 69a.

[16] Pirush Ha’Eshel on Megillat Ta’anit by Rabbi Avraham Eliyahu ben Yechiel Michel, first printed in Jerusalem, 1908.

[17] See here

[18] Sefer HaYuchsin, entry Geviha.

[19] Ha’er Einay by Rabb Rabbi Elior Chadad, Jerusalem 2012

[20] In the Aruch, entry גביע

[21] See Erkei HaKodesh (by Rabbi Avraham Nachman Simcha Wiesshandler, entry Gavnun) that the word גב means something sticking out and it refers to the hump of the hunchback.

[22] Rabbi Gedalyah ibn Yahya of 16^th Century Italy in his Shalshelet HaKabalah, chapter titled “’The events in the time of Ezra.” This historical accuracy of this book has been questioned. See here. 

[23] Rabbi Shmuel Heber in Kol Yisrael (New York 2012) suggests that the basis for this is that Geviha walked with Alexander until the Holy of Holies, which a non-Kohen would be forbidden to do. 

In fact, since Geviha was already a hunchback at that time (as told in the story from the Midrash above), he wasn’t allowed to walk into the sanctuary even if he was a Kohen (see Rambam, Laws of Bi’at HaMikdash 6:1). As such, we must say that an exception was made so that he could, hopefully, convince Alexander not to enter the Holy of Holies. If an exception was made in this respect, he may have not been a Kohen at all, yet, an exception could have been made for this matter as well. 

Wishing you a Shabbat Shalom UMevorach!