The pledge that Yehudah gave to his father in order to convince him that he would protect Binyamin (“I myself will be surety for him; you may hold me responsible” (Bereishit 43:9), comes due in Parashat Vayigash. This reality helps us understand the nature of this guarantee, and its advantage over Reuven's rejected offer (“You may kill my two sons if I do not bring him back to you. Put him in my care, and I will return him to you”).
In the Gemara in Bava Batra (173b), Rav Huna rules that the source of responsibility of a guarantor to pay back a loan that he cosigns, is, in fact, Yehudah’s promise to his father: “I myself will be surety for him; you may hold me responsible.” Had it not been for this precedent, we would not have been able to obligate the guarantor – who derives no benefit from the loan – to pay it. Rav Hisda questions whether Yehudah’s situation can serve as a source for obligating the guarantor. He argues that the case of Yehudah is that of an “arev kablan” – it is an unconditional guarantee, as he accepts upon himself to be the primary address for collecting the “loan” (i.e., Binyamin). The promise that Yehudah makes to his father is more similar to that of the primary borrower, and not a guarantor. The brothers want to bring Binyamin with them to Egypt in order to purchase food, and in order to accomplish that, Yehudah “borrows” Binyamin and promises to return him to his father.
While Rav Hisda’s concern focuses on legal questions of the role of a guarantor in a business transaction, we, who are trying to understand the story of Yehudah and Binyamin, want to clarify how Yehudah’s pledge contributes to the storyline, whether or not it reflects the reality of his obligation vis-à-vis his father.
In Parashat Vayigash, Yeudah's pledge must be repaid and we can better understand the obligation that he accepted by analyzing what takes place here. When Yosef accuses Binyamin of stealing the goblet and demands that he remain a slave in Egypt, Yehudah responds by offering that all of the brothers remain as slaves, provided Binyamin is released. This is a deal that in all respects should be worth Yosef’s while. In response to the proposal, however, Yosef feigns shock at the gross injustice: only the one who stole should be punished and not those who are innocent. One can only imagine how Yehudah’s face must go pale when the suggestion is raised that he is offering Yosef a bribe rather than seeking justice.
At that point, Yehuda goes on to tell the whole story of his bringing Binyamin down to Egypt and mentions that he personally guaranteed the boy’s safe return home: “For your servant has pledged himself for the boy to my father, saying, ‘If I do not bring him back to you, I shall stand guilty before my father forever’.” Presenting his pledge is a response to Yosef’s reproach, and this response works on a number of different levels.
In the most basic level, Yehudah makes a monetary argument. Even if Binyamin is the thief, Yehudah is the guarantor. It is therefore reasonable to suggest that Binyamin return to his father and that Yehudah will fulfill his pledge. There is no injustice here, rather a legally valid arrangement.
Referring to the pledge is also important in order to achieve the appropriate punishment. Yehudah explains to Yosef that his thinking lacks perspective. The idea that Binyamin is the thief and therefore must pay for his crime does not take into account the full picture, which must include their father, Yaakov. It is Yaakov – the innocent bystander – who will be suffering the most. Binyamin should not be seen as an isolated individual, but as his father’s beloved son. Taking this into account should make Yosef understand that Binyamin's imprisonment would claim an innocent victim – which is exactly what Yosef claims he is trying to avoid. Only Yehudah’s suggestion will accomplish the “true justice” that Yosef desires.
On a conceptual level, the idea of a pledge or guarantee is not merely a legal agreement relating to civil law and the issue of securing a loan (which is the way Yehudah, himself, once used it in his interaction with Tamar in Chapter 38). Yehudah is suggesting a new usage for this concept, which indicates a personal identification with Binyamin and his fate. Ralbag explains the nature of this guarantee, and from his comments, it is clear that this pledge creates even deeper connections:
“Just as when a single limb becomes diseased, the entire person is at risk, similarly when a single person from the group sins, it impacts on the entire group.”
This is a radical new idea that we have not seen before in Sefer Bereishit. The pledge that Yehudah makes to Yaakov is that he will relate to Binyamin as he would to himself. This is not a matter of a legal obligation or accepting monetary responsibility. From Yehudah’s perspective, he and Binyamin are a single unit, tied together by his pledge. Yehudah succeeds in conveying this degree of identification to Yosef by means of the heartfelt family story that he tells, and this presentation dramatically alters Yosef’s understanding of the situation.
Finally, there is a message on the spiritual level. Yehudah manages to convey a deeper message to Yosef. Yaakov is not the only father in this story. Yehudah argues that everyone must be tested with the question: “For how can I go back to my Father?!” What will I be able to say to my Father in Heaven? This question sets aside personal interests and focuses on a perspective that is devoid of personal interests. When Yehudah talks about his “father,” he is asking Yosef to remember that God is present in every trial, and that we always are standing in the presence of the true Father:
“This is the meaning of ‘For how can I go back to my father?!’
The Parasha opens: ‘Then Judah went up to him and said, “Please, my lord”.’ Meaning that he was concerned about the pain suffered by the Divine Presence.
For the main effect of Yehudah’s discourse was when he said: ‘For how can I go back to my father?!’
And then Yosef had no recourse but to reveal himself.
(Imrei Emet, VaYigash)
God’s presence helps us understand the reality of human suffering. The reason that we cannot accept moral failing is because it causes injury to the “upper worlds.” Man's desire for a perfect world stems from his deep desire to please the Master of the Universe.
The concept of a pledge has the power to bring God in the room. A pledge leaves no one isolated; it includes everyone as part of a single whole – a single whole that includes God. It includes justice and absolute righteousness.
The pledge that Yehudah offers his father, Yaakov, is, first and foremost, a simple guarantee. It includes, however, a much deeper idea. Yehudah realizes that by means of his pledge he has the power to offer a new type of justice.
