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Gid HaNasheh: Lo Ta’aseh vs. Aseih By Yonason Rutta (’20)

2019/5780

Before Ya’akov Avinu was reunited with Eisav he fought with a man who - according to Rashi (BeReishit 32:25 s.v. VaYei’aveik Eish) - was Eisav’s guardian. During this fight, however, Ya’akov injures his Gid HaNasheh (thigh) which consequently produces the Issur (prohibition) to eat the Gid HaNasheh.

The Seifer HaChinuch (Mitzvah 3) writes that the source for this Mitzvah is BeReishit 32:33. Usually, however, when a Mitzvah applies to all generations, there is a separate post- Sinaitic Pasuk that includes a specific commandment. The classic example of this phenomenon is the Mitzvah of Berit Milah. Despite the fact that this Mitzvah is mentioned in Parashat Lech Lecha as a commandment to Avraham Avinu and his descendants, the Torah mentions it again later in Parashat Tazria (VaYikra 12:3): “UVayom HaShemini Yimol Besar Orlato,” “And on the eighth day you shall circumcise his foreskin”. Thus, if this model is correct, then why is the Mitzvah of Gid HaNasheh mentioned only in Parashat VaYishlach?

We can’t possibly be commanded only in this one incident, as it is stated in a Mishnah in Chullin (7:6) that even though Gid HaNasheh was written in BeReishit, it was repeated at Sinai, which means it is a Mitzvah that applies to all generations. In fact, Rambam in his Peirush HaMishnayot (ibid.) derives a fundamental rule from this Mishnah: “Ma She’Amar MiSinai Ne’esar LeFi She’Atah Hareita LaDa’at SheKol Ma She’Anu Marchikim O Osim Hayom Ein Anu Osin Elah BeMitzvot HaKadosh Baruch Hu Al Yedei Moshe Rabbeinu Alav HaShalom Lo SheHakadosh Baruch Hu Amar Zeh LeNevi’im Shelefanav,” “Whatever was prohibited at Sinai was done so because of what God told Moshe Rabbeinu, not what He told previous prophets”. Therefore, since this cannot be the true source for this Mitzvah, there must be some significance as to why it is mentioned here.

The Sefer HaChinuch writes that the MeSharshei HaMitzvah (Root of the Mitzvah) of Gid HaNasheh is to be a reminder to us that despite our status in exile and the difficulties we experience at the hands of the nations around us, and Eisav specifically, we should always remain confident that we will never cease from this world, and that we will eventually be redeemed. Thus, it is possible to answer that the reason why this Mitzvah and episode in BeReishit are linked is that a key part of Gid HaNasheh is to remember this episode and gain encouragement and reassurance from it. However, another question remains: if the key aspect of this Mitzvah is a remembrance, there is no other negative commandment whose fundamental function is remembrance. Whenever there is a Mitzvah to remember something, we are usually commanded to do an action to commemorate it, such as remembering our fight with Amaleik or remembering Yetzi’at Mitzrayim.

We can offer a possible answer to this based on a fundamental idea taught by Rav Mordechai Gifter zt”l. Rav Gifter comments that this facet of the Mitzvah of Gid HaNasheh fits beautifully within the Mitzvah itself. By making us refrain from eating the Gid HaNasheh, only a Jew who learns Torah and specifically learns this Mitzvah is able to understand what Gid HaNasheh is about and, thus, fully internalize its message. The whole understanding offered by the Sefer HaChinuch represents a basic belief in Judaism; that no matter what happens to us, and no matter how many troubles and difficulties we face, Kelal Yisrael and Torat Yisrael will never vanish from this world. Therefore, what better way to integrate this message then by remembering through refraining, which can be derived only from the learning of Torah?

Rav Moshe Feinstein zt”l asks a similar question: why is it that Gid HaNasheh and the story it is connected to are so fundamentally different? Gid HaNasheh is a Sheiv Ve’Al Ta’aseh, a commandment entailing passive inaction, yet all of the miracles mentioned in the story involve actions. Rav Moshe answers that the formulation of this Mitzvah as an inaction is the Torah’s way of teaching us that we should never look towards challenges in life. It is true that overcoming the challenges of exile is a great task which grants a person much reward, but our outlook should really be to avoid tests whenever we can. This is why we Daven every morning in Birchot HaShachar, “Ve’Al Tevi’einu… LiYidei Nisayon,” “Do not bring us… unto a test.” Therefore, we remember this miracle which happened to our forefather Ya’akov, not by an action, but by a prohibition, in order to show our negative outlook on challenges in general, even if we must accept with love what challenges we are given by Hashem.