Our Gemara on Amud Beis relates an aggadah about how Binyamin (the tribe—or his spirit) agonized over a small portion of their land that had part of the altar on it, which also was encroached upon by the Tribe of Judah:
“A strip of land emerged from the portion of Judah and entered into the portion of Benjamin, and the southeast corner of the base was on that strip. And the tribe of Benjamin the righteous would agonize over it every day, desiring to take it into its portion, due to its unique sanctity.”
Shevili Parsha (Yisro), quoted in Sefer Daf al Daf, raises an interesting question: Is it a violation of lo sachmod to desire an object of a mitzvah in another’s possession and acquire it? He says that from our Gemara’s story we see that it is not considered a violation.
This is not to be confused with the similar idea that jealousy over mitzvos is permitted (Bava Basra 21a). The scripture tacitly approves of Rachel’s jealousy of Leah because it was understood that it was jealousy of Leah’s evidently superior character and spiritual level that she had merited to bear children (see Rashi Bereishis 30:1). Lo sachmod, on the other hand, is a specific prohibition against desiring somebody else’s possession and taking steps to acquire it through pressure or coercion, even if paying full price (see Shulchan Aruch Choshen Mishpat 359:12). Here, the Tribe of Binyamin desired this parcel of land, yet Shevili Parsha says we see it is permitted because the object that is desired is one used for mitzvos.
The logical distinction is clear: in this case, the desire for possession does not come from lust or aggrandizement, but rather, similar to Rachel’s motives—being competitive and striving to reach a higher level of divine service.
An interesting point to ponder: What was Rachel’s object of jealousy? Did she desire the mitzvah of being the matriarch of the tribes, or did she desire to match Leah’s evident spiritual achievement? Rashi and Midrash Rabbah (71:6) say she was jealous of Leah’s “righteous deeds,” which made her deserving of children. Why didn’t the Midrash describe her jealousy as simply wanting the mitzvah of motherhood? This implies that even children—or inanimate objects used for mitzvos—may not be lusted after, notwithstanding it being for a mitzvah.
If so, this runs against Shevili Parsha’s idea. How, then, could we explain Binyamin’s desiring that parcel of land? Perhaps Binyamin desired to obtain the land but did not act on that desire. Aruch Hashulchan (Choshen Mishpat 359:8) notably rules that one only violates lo sachmod if he follows through on the desire with an act of acquisition. There is a separate prohibition to lust after a possession, but Aruch Hashulchan rules it is only a violation if a concrete plan is formed. Neither case can be said to have occurred with Binyamin.
Another possible answer is that the prohibition, in the words of the Rambam (Gezeila V’Aveidah 1:10), applies to “anything that it is possible to acquire,” implying that the prohibition exists to prevent coercive acquisition. Therefore, if it is an object that cannot be acquired, it does not fall under the prohibition (see Sm”a ibid:18). Since the land of Israel was allotted by divine decree, no one could possess it by force or even purchase, so wishing for it, was not a violation.
However, if we accept this distinction, then jealousy over children should not be prohibited either, since children cannot be bought or acquired. Unfortunately, that is not true because throughout history, children have been kidnapped and sold, and the Torah itself (Devarim 24:7) describes kidnapping as theft. On the other hand, the Land of Israel, as divine collective property allotted by God, might have been inherently beyond theft in any form.
Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation
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Rabbi Simcha Feuerman, Rabbi Simcha Feuerman, LCSW-R, LMFT, DHL is a psychotherapist who works with high conflict couples and families. He can be reached via email at simchafeuerman@gmail.com