CHAYECHA KODMIM - SHEMINI

Among the list of non-kosher birds in ParshaS Shmini is the interestingly named ‘Chasida’. Rashi quotes the Gemara in Chullin that explains that this bird is renowned for its trait of chesed because it shares it’s food with its friends. The Rizhiner Rebbe zt”l asks that if this bird is endowed with such a favorable mida, why is it considered non-kosher ? He answers that the Chasida only does chesed with its own kind, but does not display any kindness to other species of birds. This form of chesed is not compatible with the Torah outlook, indeed it is a ‘treif’ form of chesed, consequently, it is listed among the non-kosher birds.

The implication of the Rizhiner Rebbe’s answer is that the ‘kosher’ form of chesed is to bestow kindness equally to all people, not just those closest to us. However, this does not seem to actually be the case: The Gemara discusses a case in which two people find themselves stranded in a desert and one of them has a bottle of water that can provide enough water for one of them to survive until they reach civilization. The Tannaim argue as to the correct hanhago in this case; Ben Peturah says that the one in possession of the bottle should share it with his friend even though, it is very likely that as a result both men will die. Rebbe Akiva argues, introducing the concept of Chayecha Kodmim, that a person should look after his own needs before those of his friend. Consequently, the man in possession of the bottle should keep the bottle for himself and thereby assure himself of his own survival despite the sad results this behavior will have for his friend . The halacho follows Rebbe Akiva and applies to many aspects of our lives.

The poskim write that a person must provide for his own needs before those of others. Moreover, there is a list of priorities in the laws of charity, whereby a person must provide for those closer to him before others . The Chofetz Chaim zt”l writes that these priorities do not just apply to charity, but to all forms of chesed . It could seem that this concept of chayecha kodmim does not seem so different from the actions of the chasida; both seem to embody the attitude that it is acceptable to give to one’s own kind at the expense of others.

In truth, there are two crucial differences between Chayecha Kodmim and the chasida. Firstly, the chasida only does chesed with its own kind, to the total exclusion of all other creatures. In contrast, chayecha kodmim does not preclude giving to all kinds of people, rather it simply makes a list of priorities but does not exempt us from the obligation of helping those less close to us . Moreover there is a very significant factor that limit’s the effect of chayecha kodmim. The poskim write that it applies in a situation where two people have identical needs, for example they both need bread to eat. In such a case, chayecha kodmim instructs us to give to the person closer to us. However, if their needs are not the same, and the more distant person is more needy then we are obligated to provide for him first because he is more lacking For example,
if the closer person has bread but lacks meat, and the other does not even have bread, then we are obligated to provide him with bread ahead of giving meat to the person closer to us .

There is a second, even more crucial difference between the chesed of the chasida and the Torah outlook of chesed. That is the attitude behind giving priority to those closer to us. The root of the chasida’s limited chesed is the fact that it only cares about its own kind but has no concern for other species. The chasida is essentially a selfish bird whose sense of self extends to its own species but stops there. In stark contrast, we are obligated to care equally about all other Jews. This begs the questions, what is the reasoning behind chayecha kodmim? The answer is that chayecha kodmim is based on a sense of responsibility, not selfishness; the reason that we must give to ourselves and family before others is that we have more responsibility for their well-being. Thus, a person is required to provide for the financial needs of his family before other families because he is the person most responsible for their well-being. The implication of this is that chayecha kodmim is not a privilege whereby I am allowed to look after myself before others because I am more important than them. Rather, it is an obligation - I am duty-bound to look after myself before others and neglecting this duty is no different from failing to observe any Torah requirement.

We have seen that the chesed of the chasida is treif according to Torah because it is based on selfishness. In contrast, chayecha kodmim is based on a sense of responsibility for those closest to us. It does not in any way take away from the need to care about every Jew, and it does not preclude doing chesed for all Jews, rather it teaches us a list of priorities. It is no easy task to decide how much time and effort should be allotted towards the various groups of people in one’s life, ranging from ones wife and kids. To his other family, friends, community members and strangers. Moreover, each person has a different level of responsibility in each area based on his own personal circumstances.

Whilst there is no single ‘correct’ hanhago in this area, in a general sense it seems that one must be careful to strike a right balance - on the one hand providing enough , financial physical and emotional support to his immediate family whilst also fulfilling his obligations to the wider community. Over-emphasizing one area can have dire consequences in another. The story is told of a ten year old boy from an observant home who had already strayed from the Torah derech and was involved in highly undesirable activities. A certain organization that specializes in such cases decided that this boy needed to develop a close connection with a warm and caring family, something that he was obviously lacking. They made a thorough search and finally found a family renowned for their overflowing chesed to members of their community. To their absolute shock, they discovered that this dysfunctional child was a member of this family! This boy’s parents were so interested in helping others that they neglected the person whom they were most obligated to provide for. This is a challenging nisayon for anyone who wants to help the community at large.

On the other hand, this does not mean that a person should completely neglect those outside his immediate family. Many people have shown that there need not be any contradiction between providing for one’s family and simultaneously helping others. Indeed doing chesed with others can be a tremendous tool in educating one’s own children in midos such as generosity and empathy. If the right balance can be struck then a person can fulfill all his various responsibilities to all the people in his life.