HALACHA PARAMOUNT – From Rabbi Sternbuch’s Parsha Sheet

And Yaakov awakened from his sleep, and he said, Indeed, Hashem is in this place, and I did not know it. (28:16). Rashi: For had I known, I would not have slept in such a holy place.

Rav Sternbuch heard several times from the Brisker Rov how amazed he was by this possuk. Even though Yaakov attained a giluy Shechinah in his sleep, and with Eisav planning to kill Yaakov, Elifaz having stolen all his money, and being about to encounter Lavan, he received a promise from Hashem in the dream that He would always protect him (“I am with you, and I will guard you wherever you go”), Yaakov nevertheless would have been willing to forego all these spiritual and material benefits rather than transgress the halocho of desecrating a holy place by sleeping there. This teaches us, concluded the Brisker Rov, that we cannot do “business” with Hashem by committing a forbidden act, even if the potential gains are very appealing. If there is any sin involved, no potential gain is worth it — even apparent spiritual gain.

To prove his point, he cited the Tosefta in Terumos that rules that if a non-Jew tells a group of Jews, “Give us one of you and we will kill him, and if you don’t, we will kill all of you,” it is forbidden to surrender even one Jew to be killed. Rather, they must allow themselves to all be killed instead. We see from here that we are not allowed to “do business” with the laws of the Torah. Murder is forbidden, and to transgress for the sake of the “greater good” is prohibited — because in reality, the “greater good” is following Hashem’s Torah in every minute detail.

He also cited the gemoro (Eiruvin 43b) that Eliyohu is not permitted to come on Shabbos to redeem the nation, since his coming would involve the prohibition of techumin derabbonon. Even though a delay in his coming might mean that the resumption will be delayed for a long time, because if the nation sins subsequently for a moment, causing a decline in its spiritual level, they would no longer be entitled to be redeemed, and the redemption would be postponed to an unknown future date. In other words, it is forbidden to transgress even a rabbinic prohibition in order to hasten the redemption.

Similarly, during World War I, when many Jews were being killed, one rabbi told Rav Chaim Brisker that it would all be worth it if it will expedite the coming of Moshiach. Rav Chaim responded that this was not so, and, for example, it is forbidden to deliver Jews to be killed even for the sake of bringing Moshiach, notwithstanding the fact that when he will come we will be privileged to witness Hashem’s honor increasing greatly in the world as well as an immense spiritual reawakening.

We are subject to halocho, and according to halocho it is forbidden to sacrifice Jews in order to save others, no matter the gain! The laws of the Torah were not given to us to bargain with, and we are not allowed to commit sins in order to reap other supposed gains.

In the same vein, the Brisker Rov explained that the passuk that Hashem does not accept bribery (Devorim 10:17) means that He does not accept bribes of good deeds. In other words, He does not forego strict adherence to halocho in return for other merits, because halocho is paramount.