The interplay of positive and negative commandments is among the foundations of the Torah’s approach to the world. Positive commandments come to create while negative commandments defend against entropy and deterioration. This is one of the explanations for why, in a conflict, positive commandments push aside negative ones.
The Parasha engages this crucial dynamic in two separate spaces -- the mundane world in which we eat and the rarified world of the Mishkan. In both cases, the dynamic is the same. The creative, the dynamic, takes precedence. But we are reminded that we must mind the boundaries that make holiness possible.
A teacher of mine used to ask his classes to name the first commandment of the Torah. The first answer was typically “be fruitful and multiply.” All right, he would say, that’s the first time Hashem pronounced an imperative aimed at mankind.
But what does Hashem say the first time the Torah uses the word “Tzav,” or command? The most common answer to that was, “don’t eat from the tree of the knowledge of good and evil.” Not bad, he would say, but a little inexact. That’s the second command. The first thing Hashem commands is, “Of every tree of the garden you may freely eat.”
And then my teacher would point out that associating “command” with the prohibition about the Tree of Knowledge was exactly the approach of the Snake in the Garden of Eden. The Snake also brought up the negative commandment immediately because that’s his way: He wants everyone to think that Hashem is all about the negative prohibitions. A spoilsport, a killjoy.
Hashem’s way is far more positive than that. He began with an expansive positive command to enjoy everything. The Ramban goes so far as to say that man before the sin in the Garden could eat anything because he could not be harmed. No need for a GI even. Some might say that this is because vegetarianism is innately healthy but I’m not getting into politics. I’m just citing the Ramban, who says that the vibe in the Garden was simply about pleasure, with a minimum of restrictions.
When the laws of what to eat are introduced in this week’s Parasha, there is an echo of this first command. Again, when it comes to dietary laws the first thing anyone thinks about is restrictions. Many people associate Jews with eating but that usually goes with all of the things they can’t eat. The word “diet” alone connotes restrictions. The word “Kosher” to many only refers to prohibitions. When I first arrived in the area, I had to get used to hearing people referred to as “Kosher” only because they did not eat pork.
But, again, that’s not the Torah’s style. Hashem begins by saying “this is the animal which you can eat from all of the animals on the land.” The story begins with the positive. It is not as expansive as it was in the Garden, but it begins with the positive.
That’s on the mundane plane of daily eating. What about in the Mishkan? The Parasha begins with the excitement of the inauguration of the Mishkan. When the fire comes down from Heaven to consume what’s on the altar, it is clear that the offerings have invoked Hashem’s presence. The nation responds in ecstasy. This is what the positive commandments performed in the Mishkan could accomplish. Indeed, the book of Vayikra began with the positive command to bring offerings, and speaks about the consecration of the Kohanim themselves as they perform their duties in the Mishkan. These are peak spiritual experiences available because of what man can do.
But the inauguration day is marred when Nadav and Avihu die as they try to offer “strange fire,” or uncommanded incense, in the sanctuary. They did not abide by the restrictions, did not preserve and protect the holy space. Crucially, this reminder comes AFTER what we have learned about spiritual elevation. The Torah emphasizes the positive, and the creative potential in the positive, before it adds the boundaries. .
In a seminal essay called “Sacred and Profane,” R’ Soloveitchik pointed out that many religions define sacred space as an oasis, a place of spiritual creativity where the pursuit of nirvana can be freely pursued. He contrasts that with the Mishkan/Mikdash, which is a fraught space. The slightest deviation could invalidate or disqualify what people are trying to do. When attempting to attain spiritual heights, the Kohanim and Levi’im had to follow sharply circumscribed rules and procedures. Sacred space offers much in terms of spirituality but it requires more attention to detail, not less.
Many of us get a sense of this on Pesach. There are many rules, many restrictions. There is also enormous preparation. But the payoff is also enormous, as we come out afterward aware of the basics and headed for Shavuot with renewed vigor.
We see clearly by the end of this Parasha that it would be fraudulent to see the negative commandments as the major chord in Judaism. But it is also mistaken to think that spiritual heights can be attained while ignoring them.