Rabbi Frand on Parshas Shoftim
These divrei Torah were adapted from the hashkafa portion of Rabbi
Yissochar Frand's Commuter Chavrusah Torah Tapes on the weekly Torah
portion: Tape# 155, Ba'al Tashchis: Cutting Down That Troublesome Tree. Good Shabbos!
Matters of Dispute in Your Cities
The verse says, "If a matter of judgment is hidden from you, between
blood and blood, between verdict and verdict, between plague and plague,
matters of dispute in your cities -- you shall rise up and ascend to the
place that Hashem, your G-d shall choose." [Devorim 17:8]. The simple
interpretation of the verse is that if one has a halachic question that
he is not able to resolve in any monetary or ritual matter, then he
should bring the question up to the Sanhedrin in Jerusalem.
I would like to share, however, a different interpretation of this verse
from the Ar"i HaKodosh. The Ar"i HaKodosh was a Master of Kabbalah who
lived in the city of Tzfas and was well versed in the Secrets of the
Universe (Sodos haOlam). The Holy Ar"i gives a Kabbalistic
interpretation of this verse.
"If a matter is hidden from you..." (ki yiPaleh mimcha). The Ar"i says
that the expression yiPaleh is derived from the expression 'pliyah' --
an amazing wonderment. The Ar"i says the expression kabbalistically
means "When you will have a wonderment in understanding Jewish
history...".
There is a Medrash in Medrash Eicha where the Ministering Angels have a
conversation with G-d. They ask Him, "It says in your Torah 'You shall
not take the mother bird with the offspring' [Devorim 22:6], but there
were periods in Jewish history when mothers and children were snatched
up for destruction on the very same day. How could You let that happen,
when You Yourself wrote that it is forbidden?"
The Medrash continues, "It says in your Torah when you spill the blood
of a chicken, that blood needs to be covered. [Vayikra 17:13] But here,
the blood of your children has been spilt like water and no one buries
it. You, G-d, are worried about the blood of a chicken, but what
happened to all that Jewish blood that never got buried?"
"It says in your Torah 'An ox or sheep, it together with its child shall
not be slaughtered on the same day' [Vayikra 22:28], but how many Jewish
parents and children were killed on the same day?"
In other words, the Medrash Eicha is asking "How did a Tisha B'Av
happen?"; "How did a Spanish Inquisition happen?"; "How did the
decrees of Tach v'Tat (5408-5409; 1648-1649) happen?"; "How did the
pogroms happen?"; "How did the Holocaust happen?". These types of
questions were posed to G-d in the Medrash.
The Ar"i, z"l, says that this dialogue is hinted at in our verse. "When
there will be a [Heavenly] Judgment (mishpat) that is a Pliyah -- it
causes you wonderment! The wonderment will be 'between blood and blood'
-- exactly as the Medrash states "Why will the blood of the chicken be
buried and the blood of Jews not be buried?".
"Between verdict and verdict (bein din l'din)". Exactly as the Medrash
says -- there was wonderment at the dichotomy between the Din (law) in
the Torah that states one is not allowed to slaughter the offspring with
the mother on the same day and the fact that G-d, as it were,
slaughtered Jewish parents and children on the same day.
"Between plague and plague (nega l'nega)". There is a law in the Torah
that when one has a plague of Tsora'as in the house, one must empty out
the house... and G-d allowed his Beis HaMikdash to be taken apart and
taken out like a house that has Tsora'as.
This is the meaning of the verse "When something will escape you" -- it
will be so incredulous, that it defies every type of rhyme and reason.
What is the continuation of the verse? The continuation of the verse
gives the answer to this wonderment: "Matters of dispute in your
cities". These things come about from machlokes.
The Talmud says in Yoma [9b] that the first Temple was destroyed because
of the three cardinal sins of Murder, Idolatry, and Incest; while the
second Temple was destroyed because of baseless hatred. "Which sin was
worse?" The Talmud responds "Look at the Sanctuary for proof". The
fact that a second Temple was built, a relatively short time after the
destruction of the first Temple, while the second Temple has still not
been rebuilt proves that the later sins were worse than the former sins.
The difference is that in the time of the First Temple, even though
there were these terrible sins, but at least there was no Machlokes.
However, where there is baseless hatred, where there is machlokes, we
lose our greatest asset. Our greatest asset is Klal Yisroel. We are a
Tzibur. G-d treats a Tzibur differently. When there is dissension and
divisiveness, we lose that strength.
The Medrash Rabbah [Devorim 5,6] says that the generation of the wicked
King Achav used to be victorious in war despite the fact that Idolatry
was rampant in the land, while in the generation of King David they used
to go out to war and suffer defeats, despite his righteousness. Our
Sages say the reason was that in Achav's time, despite the Idolatry
there was Unity among Klal Yisroel; whereas in David's time there were
slanderers and machlokes.
This, the Ari z"l says, is the cause for the historical events which
cause us wonderment at our own misfortune -- "matters of disputes in
your cities".
The cure, he goes on to explain, is the next part of the verse: "You
shall rise up and ascend to the place that Hashem, your G-d shall
choose." The place that G-d shall choose is Yerushalyaim, which can be
translated as "The City of Shalom - Peace". This is the cure.
This is the kabbalistic interpretation of this pasuk, according to the
Ar"i, z"l.
The Difference Between Mao Tse Tung and R. Chaim Soloveichik
At the end of the parsha, we have the chapter of the Eglah Arufa
(decapitated calf). [Devorim 21: 1-9] The law, simply stated, is that
if one finds a dead body in an open field and they do not know who the
murderer is, the elders of the nearest city have to go out and say "we
have done our duty; we were not derelict in treating this person
wrongly; out hands did not spill this innocent blood; we were not
aware of it". They have to bring an atonement, a special offering,
known as the Eglah Arufa.
The juxtaposition of this parsha is strange. Immediately preceding this
parsha is that of "When you go out to war against your enemy..." [20:1].
Immediately following this parsha is also "When you go out to war
against your enemy..." [21:10]
What is the parsha of Eglah Arufa doing in the middle of these two
parshios of going out to war? I once heard from the Rosh Yeshiva, zt"l,
(Rav Yaakov Yitchak Ruderman) that the Torah is teaching us a lesson by
placing the parsha of Eglah Arufah in that places.
In times of war, life becomes incredibly cheap. In times of war all
types of people are dying, left and right: men, women, children,
soldiers, non-soldiers. Life becomes less important.
The Torah is saying, regardless of what type of situation one finds
oneself in, never, ever, minimize the importance of even a single human
being. There can be war occurring all around, but there still remains
unbelievable importance to even one human life. Even one human life
requires an atonement from an entire city, even if they were not
directly involved.
That is why the Torah places Eglah Arufa in between the portions of
going out to war: Regardless of what swirls around you, never take
lightly a single human life.
The Shemen HaTov suggests that this idea is hinted by the Chaza"l that
tell us that this is the last parsha that Yaakov was learning with Yosef
before he was taken down to Egypt. Perhaps Yaakov knew through Divine
Inspiration (Ruach haKodesh) or perhaps his soul intuitively felt that
Yosef had to know the parsha of Eglah Arufa. Yosef was going to become
the leader of a huge and powerful nation. Rulers who are in charge of
nations of millions and millions of people have to be taught the lesson
of the importance of a single human life.
Legend has it that before Mao-Tse-Tung brought the revolution to China
and installed the Communist system, he was warned that millions of
Chinese could starve until they got things working properly. To which
Mao responded, "If I have to lose 100 million Chinese peasants for the
revolution, then it's worth it."
Whether he said those exact words is immaterial, but that characterizes
one type of national leader -- one who can lose 100 million people, as
long as he gets his goals accomplished.
Contrast that, if you may, with a true incident with R. Chaim
Soloveichik, zt"l, which I heard in the name of Rav Aharon Soloveichik:
A young boy was arrested by the Czarist government. The boy was not a
Yeshiva student, not a religious Jew, but a maskil -- from the
irreligious population of Brisk. R. Chaim told his community, "There is
a mitzvah of Pidyon Shevuyim (ransoming captives) -- raise the money."
An exorbitant sum was demanded and the community felt, perhaps, it was
improper to raise so much money for one who never came to shul. Reb
Chaim said, "I'm not going to come to shul on Yom Kippur until you raise
the money."
Yom Kippur came. It was time for Kol Nidre and Reb Chaim, the Rabbi of
the city, did not come to shul. The elders of the community came to him
and he said, "I told you. I'm not coming until you raise the money. It
doesn't matter religious or non-religious -- a Jewish soul is a Jewish
soul!". The community raised the money to ransom the boy.
Glossary
Tsora'as -- Heavenly plague against skin or hair of body, clothing, or
house; usually translated as leprosy.
Machlokes -- arguments, disputes
Beis Din -- The Jewish Court.
Tzibur -- Congregation, community.
maskil -- title given to group of ninteenth century "enlightened"
Eastern-European Jews who sought innovations in Jewish
traditions.
Personalities & Sources:
Ar"i HaKodosh -- R. Yitzchak ben Sholomo Luria (1534-1572), known by the
acronym Ha-Ari, (Ha-Elohi Rabbi Yitzchak), "the Divine
Rabbi Yitzchak"; most of his teachings actually come
to us by way of his disciples; most notably R. Chaim
ben Yosef Vital (1542-1620).
Rav Yaakov Yitzchak Ruderman -- (1901-1987) Rosh Yeshiva and founder (1933)
of Ner Israel Rabbinical College;
Baltimore, Md.
Rav Chaim Soloveichik -- (1853-1918) Rosh Yeshiva in Volozhin and
subsequently Rabbi of Brisk.
This week's write-up is adapted from the hashkafa portion of Rabbi
Yissochar Frand's Commuter Chavrusah Torah Tapes on the weekly Torah
portion (#155). The corresponding halachic portion for this tape is: #155 is: Ba'al Tashchis: Cutting Down That Troublesome Tree.
The other halachic portions for Parshas
Shoftim from the Commuter Chavrusah Series are:
Also Available: Mesorah / Artscroll has published a collection
of Rabbi Frand's essays. The book is entitled:
and is available through Project Genesis On-Line Bookstore:
http://books.torah.org/
