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Be Judgeable!
‘Put judges and police in all your cities to ensure fair judgement!’ This is addressed to us, not the government. We are also responsible for ensuring justice.
The Netziv explains that city leaders must oversee the courts to be sure they are doing their job impartially. Judges need to scrutinized too.
[This is a fantastic concept!! O that it were done!!]
We explained it a bit differently. Often litigants in Beis Din disregard the p’sak if it’s to their detriment. Scandalous, but common. One result is that Beis Din becomes reluctant to even issue a decisive p’sak.
A friend took a debtor of his to Bes Din. The man freely admitted 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 – perhaps sell his house, maybe take other steps. Beis Din flatly refused.
Why? They felt they would not be listened to in any case. Why make enemies?
Our mandate is to allow Beis Din to work. We need to submit to their verdict!
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Hands Clean?
Beis Din wash 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 town)
Rather, it means ‘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.
Indeed, perhaps that they will need to proclaim that they have done their job may spur Beis Din to truly care for the wayfarers!
This is important musser for us: Why does the Torah consider the elders responsible if they sent off a traveler without supplies? Because they had the power to help, and did not. That is murder.
When we see a situation that we can help out with, we need to do so. If not, our hands drip with blood…
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Scott Free
We send certain soldiers away from the battlefront; he who built a house but did not yet live there, he who planted a vineyard but did not eat from it, and he who betrothed a woman but did not yet take her.
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?
War hurts, bringing loss and pain. That’s given. We want to make sure that it does not cause trauma as well.
Some things not only hurt, but also tug at hearts. I know of things not indescribably sad, yet pain and constrict my heart each time I think of them. Things of many years ago, yet cause my heart to squeeze.
Most pathetic is missed potential or opportunity, and this hurts deepest. The four yesomim will be taken care of; money will be raised and tutors hired, the widow will remarry. But let people not be traumatized with the pathos 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.
Is it because we worry 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. What is as liberating as “I am beholden to no man!”? Human nature is to try doing one’s own thing, not to bow to Chazal. We need to watch out for this tendency.
We do not believe in the infallibility of Bet Din. They too err. They try hard, are wiser than most of us, and use a broad consensus of seventy two sages. Yet they are only human.
Perhaps we may recognize a specific case they have erred in. Could happen. Hashem says listen even though we think they are wrong; they tell us that right is left. Because it’s far better to follow sages, who make an occasional mistake, than follow our own opinions and err left, right, and center. Its more profitable! (Sefer HaChinuch)
The Chinuch expands this mitzvah, (which technically relates specifically to the Beis Din HaGodol, the Beis Din in the Beis Hamikdash who were ultimate arbitrators of Jewish law,) to Torah leaders of our day. Today too, we hear voices criticizing Rabbinical decisions, especially in public policy. However, mature people realize that someone’s gotta lead.
Our Gedolim are not infallible, but are the best leaders we have. Hashem would rather we follow these leaders, although they 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: “…the Mizbeach… that you will make for yourself”. Why?
Rabbi Hirsch explains that an ashera tree was for the benefit of the god it was planted for. Not used as a platform for any service, it was to satisfy 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 the focus 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 for our need – not His. Can they stand next to each other?
This recognition that we can never help out Hashem, makes us realize that we serve Him for our own good. We gain each time we serve Him, and serving Him is an honor and gift, rather than an obligation and duty.
We need to cultivate this attitude!
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Your Tree Feelings
Rashi explains that we may not cut down the trees around the city we lay siege to because “Is this tree a person who can hide in his walled city, enduring hunger and thirst from fear of you; why cut him down?”
Is the suffering of the besieged relevant here? Why bring it in?
Answers the Chizkuni; this is Rashi’s point; Why torture the poor tree with hunger and thirst by cutting it down?! Don’t you feel for it?!
Fascinating! Here is reference to a relationship between man and tree, and that trees suffer, and man’s responsibility to living flora that he may not cause them pain!!