The
sixth portion of the week – Toldot (loosely translated as “the history of…”) –
introduces us to the third and most influential Father of our nation, Ya’akov
(later to be named Israel). Unlike the
somewhat terse treatment provided by the text to the personal details relating
to both Avraham and Yitzchak, the biblical narrative is extremely generous when
it comes to revealing details about Ya’akov’s life. In fact, as Professor
Leibovitz suggested, one may look at Ya’akov’s story as the first (biblical) biography.
Thus, we are provided with extreme details about Ya’akov from the very moment
he was born (and even before that) until his very last day. For the first time, therefore, we receive a
full and comprehensive picture of a biblical persona – the first (recorded)
twin in history who grew up from being a “mother’s boy” and a “tent dweller” to
become one of the most influential leaders of all time.
Today
I would like to comment on the portion’s two “familial” stories: The selling of
the Birthright by Esav to Ya’akov, and the act of receiving the Paternal
Blessings from Yitzchak. The two
stories seem, at first blush, unrelated; a close reading the first, however,
may shed some new light on the second.
I.
The Selling of the Birthright
As
you may recall, this week’s portion tells us that Rivkah, Yitzchak’s wife, who
was brought to him by the slave in the wonderful story told in the last
portion, is barren. This is a pattern
among our Mothers. Yitzchak “petitions”
God to solve the issue (and this exact term – “va’ya’a’tor” – is used until
today in Hebrew to describe a petition made to the Israeli Supreme Court), and
God “grants the motion” and provides Yitzchak and Rivkah with not one son, but
the first ever (recorded) set of twin boys:
The first, the first-known red head (named Esav), and his twin brother,
holding his heel (A’kev in Hebrew) – Ya’akov, roughly “he who would follow (his
brother out of the womb).” (Gen. 25:19-26)
The
Right of the First Born (Birthright) is the next issue to be tackled. In fact,
we already know something about it. We have enough textual indications to
suggest that it was of a right of great importance, carrying significant social
and economic consequences. For example, whenever the Genesis text pauses the
sequence of the story in order to tell us about any person’s lineage (see,
e.g., Chapters 5-6), it usually focuses solely on – and names only – the
first-born male, while the other offspring are simply related to as “other boys
and girls who were born to X.” Thus,
only the first born son is mentioned by his name, and only he is mentioned as
having a wife, with whom he had another first born son who is mentioned by
name, and so on and so forth. Such
textual structure goes to show that only the first born was considered the
family safe-keeper, the one who would continue the legacy, the one who would
receive the family fortune and fame.
But
this week’s portion presents a much tougher situation. We now deal, for the
first time, with the biological phenomena of two brothers of the same age -
twins. Though very different in nature
– one is an outdoors person and a hunter, while his twin is a “tent-dweller”
and a “mother’s boy”– they were both born on the same exact day, and save for a
few moments – not one of them is truly “older” than the other. Yet only one of
them could enjoy the very substantial right of being the first-born (the idea
of “splitting” the right would seem too sophisticated at the time, one would
suspect). And although not specifically
mentioned by the text, it is quite safe to assume that Ya’akov, while sitting
for hours and hours in his tent with his beloved mom, would dwell on the
injustice that was caused to him at birth (and later perpetuated by his name,
“the one who followed”): “Why is it just that my twin brother (Esav) received
all the glory? After all, we are of the exact same age!”
And
so Ya’acob begins to plot his revolutionary – no less – idea. He would buy
back the Birthright. The readers
must understand how subversive, original, and brilliant – all attributes we
meet again later with Ya’akov – this idea is.
Birthright is acquired through biology.
Just like Royalty in England, this was the Law of the Land for years,
and there was nothing that could be done to challenge that. While today we summarily reject such legal
institutions explicitly (see the U.S. Const. Art. I § 9: “No Title of Nobility shall be
granted by the United States”), it is still worthy to consider the simplicity
and economy of such a rule for ancient societies. In essence, the rule was:
“The first-born son gets it all. No argument.”
While arbitrary in nature, this rule is fair in that it applies equally
to all families; it prevents many intra-family feuds as to who deserves to
receive most of the inheritance; and it simplifies the otherwise very complex
laws of inheritance.
But what is the law of twins? Ya’akov,
who lives at a time when the Supreme Court is not yet functioning (notice his
complete disregard of God as a source of restoring justice in this case),
decides to take matters into his own hands.
While Esav returns from
one of his many day-long (and perhaps week-long) journeys, possibly without any
game – as many hunters would admit to happen today as well – he was tired,
frustrated, and very hungry (recall that fast-food joints were not in existence
yet). As that precise point, Ya’akov cooks a hearty meal and makes sure his
brother would smell the delicious stew.
Now note that it is Esav who asks Ya’akov – and not the other way around
– to taste from this heavenly gourmet dish: “Fill me up with this red, oh so
red thing, as I am tired now.” (Gen. 26:30; note that red in Hebrew is Adom,
and the text explains that the Adomites, an important people who are
descendants of Esav, are called that way because of this Adom.) Ya’akov agrees, but not before he asks Esav
for something in return: “Sell me today your Birthright.” Esav, exhausted,
hungry, and frustrated, agrees: “Here I am, about to die – why would I need my
Birthright any longer? And Esav swore to him, and he sold his Birthright to
Ya’akov. And Ya’akov gave Esav bread and lentil stew.” (Gen. 26: 32-34)
What’s shocking to me is not the act
of the sale itself, but the audacity and originality of its originator. Before
that, the sale of intangible rights in not even mentioned anywhere in the Torah
– Ya’akov had to come up with the idea all by himself. There were no institutions (like courts)
that could enforce such a sale, and – as far as we know – the act had no
witnesses. Still, Ya’akov decides to
correct what he sees as a life-long injustice and to get his Birthright through
the legal institution of sale. (When we examine the current crisis in the
financial markets in the United States, caused in large part by people buying
and selling fractions of insolvent mortgages – we may now appreciate where it
all began.)
II. The "Wrongful" Blessing from Father Yitzchak
The
next story of the portion is that of Ya’akov who went to his father in order to
receive the blessing saved for the first born, gained it through the trickery by
wearing his brother’s cloths and masquerading as a hairy person. In fact, the
text itself that tells us that “[Ya’akov] came to [his father] with trickery
and took [his brother’s] blessing.” (Gen. 27:35). Not only most Midrashim are of that opinion, but in fact until
today when well-read Israelis want to convey that something doesn’t feel quite
right, they repeat Father Yitzchak’s suspicious comment to his son, wondering
whether he is facing the correct older sibling: “The voice – is the voice of
Ya’akov, yet the hands are the hands of Esav.” (Gen. 27:22; I highly recommend
you read the entire text there.)
But
did Ya’akov really trick his Father, or did this “paternal blessing” event
symbolize something different? To me, the answer is the latter. In my mind, all
that happened here is the Ya’akov, many years after buying the Birthright – a
declaratory gesture, with no real effect during his father’s lifetime – finally
arrived to cash the check his brother wrote him many years earlier; he came to
receive the actual consideration of his deal: the paternal blessings that would
bestow upon him, finally, the status of the first born – with all the related
financial and social benefits. Indeed, Ya’akov feels not that he has
double-crossed his father, but rather that he has earned his blessing. Therefore, the “big and loud cry, bitter and
wild” that Esav made when he realized that his brother received the blessing,
was unjustified. Esav, if you recall, argued that his brother tricked him
twice: “he took my Birthright and now my blessings” (it sounds much better in
Hebrew). But this is not convincing.
The two “complaints” are one – he who has the birthright should receive
the blessings. Now that Ya’akov earned his birthright fair and square, in a
legal tender-purchase, he may realize his right by receiving the actual
paternal blessing.
Note
that Yitzchak, the father, once learning from Esav that he was blessing the
“wrong” son, is not considering – even for a minute – to “un-do” his blessing;
in other words, Yitzchak is of the opinion that he may not cancel his blessing
even if it was received by fraud. Today
this is probably what a court of law would have done (if it were of the opinion
that the blessing was obtained through trickery or misrepresentation). But back then, what’s done is done, and
there’s no turning back. That was the
case with the sale of the Birthright, and that was the case with the blessing –
both belong now to Ya’akov. Or perhaps – and this is to me the more intriguing
possibility – Yitzchak knew full well who he was blessing, and simply never
wanted to “undo” it to begin with.
Shabbat
Shalom,
Doron
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