Opinion & Comment
"And You Shall Be Above Suspicion from Hashem and of Israel"

"These are the accountings of the Mishkon, the Tabernacle of Testimony which was accounted for according to Moshe" (Shemos 38:21).

Moshe Rabbenu Presented a Strict Accounting at the End of the Work of the Mishkon

As soon as the labor of the building of the Mishkon was completed, Moshe Rabbenu rushed to present an itemized tally and accounting of all the various monetary outlays made and the different purposes to which the monies and donations had been utilized. Chazal tell in the midrash what actually preceded this certified accounting.

The midrash relates that certain elements within the camp began slandering Moshe and speaking behind his back to this effect: "Look how much [aromatic] oil there shines upon Moshe Rabbenu's nape." This was an ugly insinuation of his having personally used the consecrated funds and donations that passed through his hands. And when one person would say this to his fellow, the latter would reply, "Well, wouldn't you naturally expect that someone through whose hands there flowed such huge amounts of money would be wealthy?"

When Moshe Rabbenu heard these snide allegations, he hastened to inform the public that when the time came and all the labors of the building of the Mishkon were completed, he would present an itemized statement of all the monies that had been donated [and for which purpose they had been used] (Shemos Rabba 51:6).

From other midroshim -- which perhaps contradict this one -- it appears that no one presumed to challenge Moshe Rabbenu's handling of the income. Rather, it was of his own initiative that he decided to present this report of expenses and outlays. And this serves us as a halachic precedent in the Shulchan Oruch: "One does not demand an exact accounting of charity funds, with charity treasures nor with consecrated monies presided over by those treasurers, as is written, `And they shall not require an accounting with the men by whom the money was entrusted to pay to the craftsmen, for they work with trust (Melochim II 22:7).' In any case, in order that they be considered `clean-handed' in the eyes of Hashem and Israel, they are advised to give such a precise accounting" (Yoreh Deah, simon 257:20).

In his commentary on the Tur, the Bach addresses this obligation: "We do not find this in the poskim. Perhaps it was derived from Moshe Rabbenu who presented a report on the incoming donations for the Mishkon, for who is more trustworthy than he, [yet] he gave an accounting so that he be considered guiltless in the eyes of Hashem and Israel."

In his commentary to the Shulchan Oruch, the Gra also notes the words of the midrash which extol Moshe for having drawn up such a detailed report without having been required to do so.

The Ohr HaChaim Hakodosh finds an allusion to this in the very text: " . . . which was accounted for according to Moshe (Shemos 31:21 -- asher pukad al pi Moshe)." The enumeration and the presentation of an account were prepared according to the explicit orders of Moshe Rabbenu, without his having been required or asked to do so by anybody.

How the Treasuries were Administered in the Beis Hamikdosh

The requirement to be honest in the eyes of Hashem and Israel obligates charity treasurers in many laws. In Shekolim we find an entire mishna dealing with the manner in which the treasurers in the Beis Hamikdosh used to gather the large sums that accumulated in the boxes in the respective offices where Jews would leave their donations. "The donor would not enter the partition with shoes, sandals, tefillin or with a cameo (kameya), lest he later become poor and people say, `He became poor as punishment for having helped himself from the money in the office' or lest he become wealthy and people accuse him of having taken for himself the funds there."

This is because a person must be accountable in the eyes of his fellow man in the same way that he must be accountable in the eyes of Hashem, as it is written, "And you shall be above suspicion from Hashem and from Israel." And it further says, "And he shall find favor and good sense in the eyes of Hashem and man" (Shekolim 3:2).

Rabbenu Ovadia of Bartenura explains that the donor is warned against entering [the office] with a hemmed garment lest he be suspected of inserting coins inside the hem. He is similarly warned against wearing a cameo or tefillin in which it might be possible as well to insert coins.

"And You Shall be Above Suspicion from Hashem and from Israel"

The obligation to be blameless in the eyes of Hashem and the eyes of Jewry is learned explicitly from the portion dealing with the tribes of Gad and Reuven. In the end of Bamidbar it is told that after these two tribes saw that the land of Ya'azeir and Gilad were eminently suitable for cattle grazing, they approached Moshe Rabbenu and Elozor HaKohen requesting that these be apportioned to them as their heritage, since they possessed much livestock.

After Moshe suspected them of being afraid to enter the Land of Canaan and warring against the resident nations, as was the case with the meraglim, they justified themselves and explained that they intended to take possession of the land and leave their families and livestock there, while they would be the pioneers at the front lines during the capture of Canaan for the rest of the nation. Only afterwards would they return to their heritages and homesteads.

Moshe Rabbenu acceded to their request and said, "If you shall do this thing, if you shall go armed before Hashem to war, and will go, all of you, armed across the Jordan before Hashem until He has driven out His enemies before Him, and the land be subdued before Hashem, then afterwards you shall return and be above suspicion before Hashem and before Israel" (Bamidbar 32:20-22).

Were it not for Chazal's explanation, we might venture to say that the phrase "and you shall be above suspicion" is not an outright command but, rather, a promise after the fact, a result. In other words, the tribes of Gad and Reuven were not required to "be above suspicion before Hashem . . . " but were promised that the outcome of their conduct would lead to their being above any blame or censure on the part of Hashem and the rest of Israel. (Examples of this abound. The words "And you shall be like G-d, knowing good and bad" which was said to Chava by the serpent, is also not a command but a prediction of what will result if she eats from the Tree of Knowledge, a direct consequence. Similar is the phrase said to Avrohom Ovinu, "And you shall be a father to a great multitude of nations" [Bereishis 17:4], which is a promise and not a command.)

Nevertheless, the phrase "and you shall be above suspicion . . . " is seen by Chazal as a command and not a future promise. From here they learn that a person must act in such a way as to avoid arousing suspicion of any kind, even if in his heart of hearts he knows he is correct, and surely Hashem -- Who plumbs the thoughts of men and knows their true intentions -- is aware that he is blameless and righteous. Nonetheless his actions might be misconstrued by people who question certain acts or practices. However, we learn from here of the obligation to maintain a positive, honest, clean image. A Jew must not only be righteous; he must also appear to be thus to the world at large.

Chazal Established Many Laws to Avoid Suspicion

Many laws are derived from here. Chazal said that charity treasurers who are in possessions of copper coins, which tend to rust, and who wish to exchange them for silver ones, must exchange them by others and not using the charity funds under their control. All because of the exhortation of "being blameless from Hashem and from Jewry."

Similarly, managers of free kitchens who occasionally find themselves with extra portions and don't have poor people to feed and therefore wish to sell the food in order to preserve their value for their future use, must sell it to others and not purchase it themselves for the selfsame reason of being innocent of any taint (Pesochim 13b).

This aspect of probity embraces many areas, not necessarily suspicions concerning violating monetary trusts, though this particular verse is not always used. Many things, however, were forbidden by our rabbis because of suspicion. Chazal said that a person should not enter a ruin for fear of being suspect (Brochos 3a). A person whose house has two entrances should light Chanukah candles at both sides, lest a passerby fail to see the candles and conclude that the householder did not light (Shabbos 23), and many similar instances.

Chazal showed extreme caution in this matter and were very stringent in things that are not ostensibly forbidden. The gemora tells that during the week of the inauguration of the Mishkon, Moshe Rabbenu performed the holy service in a white tunic without hemming. Rashi explains that he did so "in order that he not be suspected of perhaps concealing sanctified coins inside the hem. And this was all because it is written, `And you shall be above suspicion from Hashem and from Israel' " (Taanis 11b).

The gemora tells about the Garmo family which was in charge of baking the Lechem Haponim, as follows, "One could never find a clean loaf of bread in the hands of their offspring. This was purposely done lest people say the children were being fed from that very holy show bread, in order to fulfill the dictum, `And you shall be blameless from Hashem and from Israel'" (Yoma 38a). It was similarly told about the House of Avtinas, the family which excelled in preparing the fragrant ketores incense, "Never did a bride emerge from their house perfumed with fragrance. And when they took a woman from a distant place into the family, they forswore her against perfuming herself, lest people insinuate that the women were availing themselves of the aromatic spices of the ketores. This was to fulfill what is written, `And you shall be above suspicion from Hashem and from Israel'" (ibid.).

It is an Absolute Torah Obligation that a Person Avoid Drawing Suspicion onto Himself.

Some maintain that the absolute prohibition against a person to draw suspicion upon himself is an outright law of the Torah. In his responsa, the Radach (B-17) derives this from the reason given by R' Shimon for the obligation of leaving a required border of unharvested grain (pei'oh) around a field at the end of the harvest and not at the beginning. In a Beraissa in Shabbos (23a), R' Shimon enumerates four reasons for this. One of these is to avoid suspicion. And since leaving this border is a Torah commandment, it follows that a person' duty to avoid placing himself in a position of being distrusted is equally an obligation from the Torah.

In his responsa, Mayim Amukim, the Raanach challenges the words of the Radach and adds a different source to show that the laws of the Torah are based on avoiding drawing suspicion to oneself. He quotes the words of R' Shimon who maintains that the prohibition to take a mashkon- pledge from a widow only applies to a poor widow, for in that instance it is necessary to return her blanket at night and claim it back in the day, and return a daytime garment in the morning and reclaim it at night. In the process of entering her house daily to respectively claim and return the pledge for her loan, the lender creates for her a doubtful reputation among her neighbors (Bovo Metzia 115a).

Incidentally, HaRav Yosef Engel suggests in Gilyonei Shas that perhaps the Radach only cited this particular proof since here we are only taught that a person should not place others in a position of suspicion, which is why he quotes the example of the field, from which we are meant to learn that a person should not draw suspicion unto himself (Gilyonei Hashas leShabbos 23).

Some say it is Not Necessary to Maintain an Honest Reputation in the Eyes of Every Single Person.

The saintly kabbalist R' Shlomo Alkabetz, brings an interesting innovation in his work Shoresh Yishai, a commentary on the book of Ruth. He dwells upon the question: How did Boaz permit himself to marry Ruth contrary to the halochoh that was popularly accepted in that generation prohibiting all Ammonites and Moavites, including the womenfolk, from entering the community of Jewry through marriage? Was he not concerned about what people might say? And he explains:

"Even though it is written in Talmud Yerushalmi Shekolim by R' Shmuel bar Nachman in the name of R' Nosson: In Torah, Prophets and Kesuvim (Tanach) we find that a person must remain above suspicion of his fellow men in the same manner as he must be guiltless in the eyes of the A-mighty. We can understand this with regard to people of intellectual stature and that a person may not feel responsible for a blameless reputation amongst one and all, even simpleminded or misguided folk. This can be learned from what is written: `Even though I know that there exist imbeciles and mockers who will abuse me and say: Look at this Jewish judge who desired the beauty of a Moavite woman in his heart.'

"The dikduk halochoh had been arrived upon only three days prior, that the Torah's prohibition of marrying into the nations of Ammon and Moav only applied to the menfolk and not the women and it had not yet been generally publicized. This we see from the fact that Ploni Almoni, Boaz's uncle, had no knowledge of it. And even one who might have known about it, might have suspected him of ulterior motives and not justified his act for the very noble motives which Boaz actually had, and mockingly asked: Are there no more decent eligible Jewish women to be had [that he had to marry a Moavite convert]? But Boaz said: I need not be concerned about what everyone else might say, so long as the Elders of Israel, the Sanhedrin, know that you are a deserving woman of valor. I pay no attention to what the masses might say [behind my back]" (Shoresh Yishai quoted in Meleches Shlomo: Shekolim 83:42).

We learn from his words that the obligation upon a person to absolve himself of any public suspicion only applies where a person might be subject to suspicion and slander, but it is not his duty to bring into account all the fools and simpletons; he is not responsible to be free of all their doubts.

Why Must a Person Remove Himself from All Suspicion?

This matter of a clean reputation requires elucidation. If I am alright in the eyes of Hashem, why should I be concerned what any Reuven or Shimon think? If I am ultimately correct and righteous, why should I care about the image I project?

It appears that the root of this obligation stems from our duty to be concerned for any possible chillul Hashem. When a person seems to be doing something wrong and it is misconstrued, he is causing a desecration of Hashem's holy Name in the same way as if he were truly guilty! And since a person's obligation to remain clean of any major suspicion increases as his good reputation as a Torah scholar increases, he is altogether obligated to cause Hashem's Name to be revered and loved. His Torah study should be with calmness and dignity, his dealings with his fellow men should be trustworthy and with integrity and all of his ways should be righteous and straightforward.

A Jew's purpose on this world is to publicize and sanctify the Name of Heaven and to declare and testify by his very being the Kingship of Hashem, to exemplify, "Israel, in whom I glory."

A Jew is not a private person. He is a soldier in the legion of his King, the Ruler of the world. And when he is suspected of something unsavory, it reflects on the legion of the King and he is to blame for having diminished its glory at large.

To be thus representative is no simple matter, especially when the obligation to appear guiltless in the eyes of mankind is sometimes in contradiction to a person's being blameless in the eyes of Hashem. Sometimes, the very desire to fulfill Hashem's will in the best, most meticulous manner, can cause friction with others. In a fascinating responsa, the Chasam Sofer adds some of his own thoughts upon this subject:

"All of my days I was perturbed by this verse, `And you shall be blameless from Hashem and from Israel.' This presents two obligations: to be free of any suspicion in the eyes of Hashem as well as in the eyes of His people, the Jews. A person is saddled with two riders upon his back and if one may hope to justify oneself in the eyes of Heaven, it may be even more difficult to be considered guiltless and clean in the eyes of all people, for they tend to think varied -- and sometimes strange -- thoughts, and their dealings may be strange. One's punishment is far more severe if he does not acquit himself in the eyes of his fellow men than if he does not completely satisfy the requirements of Heaven.

"We learn from the last chapter of Yoma that regarding chillul Hashem, a person does not have any atonement whatsoever, G-d forbid. The measure of what is considered chillul Hashem is as minimal as a Torah scholar who requests meat to be weighed for him but does not have ready cash. And sad to say, this [sin] is prevalent among people. `That such a scholar would do such a thing?' is a common enough statement, even with regard to a hint of suspicion, something as yet unverified. And here, that Torah scholar acted properly and did what Heaven required of him according to his best ability.

"Nevertheless, if he was not careful enough to the point that some people thought he was inebriated and they ridiculed him, here, he has already been caught in their net. And this is great cause for anguish, and the Torah cries out, `You have ensconced a man upon our heads.' And I thought about this many times, wondering if it were possible to humanly fulfill this charge to the degree that is expected of us. Perhaps it was to this that King Shlomo was referring when he said, `There is no righteous man on earth who will do good and not sin.' He meant to say that even when a person does something praiseworthy, he cannot possibly satisfy all those around him" (Chasam Sofer's Responsa, Letter 59).

It understandably follows that if a person can do a mitzva in a way that might rouse any suspicion against him -- or one that would not put him in a bad light, he should obviously prefer the second way. But if he has no way of meeting the requirements of Heaven without drawing criticism upon him, he has no choice but to go ahead and do what is required of him by Heaven. This is what the Ohr HaChaim writes:

"Hashem has imposed many forms of awe and fear upon a person: fear of his parents, fear of a king, fear of Torah scholars, and also to fear what people might think and how they will construe his deeds. One might think that these fears are equal in every instance and a person would thereby come to abuse a certain commandment to honor a king or to honor his parents etc. To set things straight, the Torah begins with the exhortation to fear Heaven (`In the beginning, Hashem created the heavens and the earth.') first and foremost, and only afterwards, to fear what is on earth. He is obligated to sense this. This is why the verse states, `And you shall be above suspicion from Hashem and from Israel.' First of all, from Hashem, and only secondly, from your fellow Jew. Now it is established that one can only exercise fear and reverence towards a human being if it does not violate any of the Heavenly commandments" (Ohr HaChaim Bereishis 1:1).

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