Thoughts on the parsha
Be Judgeable!
The Netziv points out that the admonishment ‘Put judges and police in all your cities. They should ensure fair judgement’ is addressed to all, not only to rulers. We are responsible for ensuring justice, not only judges.
He explains this t o mean that city leaders should overlook the courts to be sure they are doing their job impartially. Judges must be subject to scrutiny too.
We explained it a bit differently. Often litigants walk into Beis Din intending to disregard the p’sak if it should be to their detriment. Scandalous, but all too common. The result is that Beis Din becomes reluctant to issue a decisive p’sak.
For instance, a friend of mine took a debtor to Bes Din. The person admitted that he owed the money, but claimed to be too poor to pay. My friend requested that Beis Din decide what the debtor was required to do under the circumstances – maybe sell his house, maybe take other steps. Beis Din flatly refused. Why? I suspect because they felt they would not be listened to in any case. Why make enemies?
So our mandate is to allow Beis Din to pasken by walking in with the correct attitude!
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Are Your Hands Clean?
Beis Din washes their hands on the Eglah Arufa proclaiming “Our hands have not spilled this blood” Rashi comments “Does anyone suspect Beis Din of having killed him? (Beis Din are referring to themselves here, and not representing the people; on the contrary, it is assumed that the real murderer does live in their town) Rather, it means that we did not see him and send him off without food or accompaniment” Beis Din are mandated to provide for wayfarers, and proclaim publicly that they indeed fulfilled their duties to this victim.
This is an important musser for us. The Torah considers the elders murderers were they to send off this traveler without supplies. Why? Because they, who had the power to help, did not. That is tantamount to the murder itself. We too, when we see something that we can help out with, are obligated to do so. And if we don’t, our hands drip with blood.
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Who Gets The Dispensation?
When going to war, we send home certain soldiers; those who built a house but have not yet lived there, those who planted a vineyard but did not eat from it, and those who betrothed a woman but did not take her yet. Why? Rashi explains that it would be a source of angst if they die in war.
So instead we send the guy with four kids depending on him?! That’s okay?! Why do these people get special consideration?
Perhaps we are concerned about the emotional state of the people after the war. War hurts, causing loss and pain. That’s given. We want to make sure that it does not cause trauma as well. Sad stories hurt, but some also tug at heartstrings. I know of things that may not be indescribably sad, yet cause pain and angst every time I think of them. Things that happened many years ago, yet cause my heart to squeeze each time I think of them. Most pathetic are sadly missed potential or opportunity.
This is why we are so concerned about them. The four yesomim can be taken care of, money can be raised and tutors hired, the widow can remarry. But the people must not be traumatized with the pathos, the thought of the bridegroom never given a chance.
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Infallibility Of The Sages
The Torah makes a big issue of the errant sage who defies the supreme Beis Din. He is executed, and we gather the entire nation to gather round to take note. Are we worried that other sages will follow suit? The Ran explains that we are not concerned about other sages. We are concerned about Joe Average, that he understand the supremacy of the sages. People naturally hate authority, and there is nothing so liberating as “I am beholden to no man!” Human nature is to try doing one’s own thing, not to bow to Chazal. Watch out!
We do not believe in the infallibility of Bet Din. They are susceptible to error. They try hard, are wiser than most of us, they work with a broad consensus of seventy two sages, and their margin of error is low. Still in all, they are only human. Perhaps we may recognize a specific case they have erred in. Could happen. But Hashem is telling us to listen even though we think they are flat-out wrong; they are telling us that right is left. And the reason is that it is far better that we follow the sages, even when they make an occasional mistake, than follow our own opinions and err left, right, and center. Its simply more profitable! (Sefer HaChinuch)
The Chinuch expands this mitzvah, that even though technically it relates specifically to the Beis Din HaGodol, the Beis Din in the Beis Hamikdash who was the ultimate arbitrators of Jewish law, it applies in concept to the Torah leaders of our day and time. Today too, we hear voices criticizing Rabbinical decisions, especially in the area of public policy. However, a mature person realizes that someone’s gotta lead; it’s either them or ourselves. Will anyone who feels qualified to lead the people please step forward!
We choose our Gedolim not because we believe in their infallibility, but because they are the best leaders we have. And Hashem would rather we follow these leaders, even though they may occasionally err, than we do our own thing, and err more than occasionally.
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The Name And Nature Of Ashera
When the torah tell us not to place an avodah zarah tree next to the mizbeach it adds: “…Mizbeach… that you will make for yourself”. Why is that pertinent or necessary?
Rabbi Hirsch explains that an ashera tree was for the benefit of the god it was planted for. Indeed, it was not used as a platform for any service. Rather it satisfied the needs of the god being served.
Our mizbeach is at a total variance with this idea; Hashem doesn’t need our altar and sacrifice: we do. We build a mizbeach for ourselves, for our own benefit. By sacrificing to Hashem we realize our relationship with Him and concretize our deepest destiny. The only real service we can offer is ourselves – our giving and self-sacrifice. This is the real service of Hashem; giving Him our heart. That is what the torah refers to here; the mizbeach is what we build FOR OURSELVES. An ashera next to a mizbeach built for ourselves is a mockery: a contradiction. An ashera is to satisfy the needs of the one we serve, and a mizbeach is because we need – not Him. How can they stand next to each other displaying how deeply ignorant we are?
This recognition that we can never help out Hashem, for He lacks naught, gives us a new look on our service. It makes us realize that we serve Him only for our own good. We gain each time we serve Him, and ought to view serving Him as an honor and gift, rather than an obligation and duty. We would do well to cultivate this attitude!
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Tree Feelings
Rashi explains that we may not cut down the trees around the city we lay siege to because “Is this tree like a person who can go into his walled city, enduring hunger and thirst from fear of you; why cut him down?” Why is the suffering of the besieged fellow relevant here? Why does Rashi bring it in?
Answers the Chizkuni; this is the point; Why torture this poor tree with hunger and thirst by cutting him down?! Don’t you have feelings for it?!
Fascinating! Here we find reference of a relationship between man and tree, the responsibility that a man has to living flora, that he may not cause them pain!!
©2013
kollel parshah | Tiferet Ramot 83-21, Jerusalem, Israel, 97290
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