Parshas Shoftim: Seige

 

Dedicated to the refuah shelaima of Moshe Aaron ben Necha Itta, Binyamin ben Simcha, Chaya Sara bas Esther Leah, and Sharon bas Shoshana.

 

One of the discoveries I made when I began studying Torah as an adult was that war was not something contradictory to Torah - that it is something which the Torah actually commands of us, at appropriate times. To be honest, I remember the first time I truly paid attention to the final chapters of Megilas Esther and realized just how many people were killed and I was truly taken aback. War, it seems, is a human condition that Hashem does not expect people will live without.

 

Why this is so is, perhaps, an impossible question to answer. And there are many life-realities that are discussed in the Torah that we today find difficult to swallow – such as the fact that slavery is not only not prohibited but is regulated within Torah law. It is the tendency of every generation, of course, to believe that they have reached the pinnacle of civilized thought, that they know better then those who came before them, and that they will be able to live differently then the “barbaric” ways of former generations.

 

If only that were so. And if only the world did not see, time and time again, that the Torah’s dictates and boundaries are astonishingly prescient of the needs of the Jewish people

 

War is the subject of the final aliyah of Parshas Shoftim, and it is disturbingly appropriate for the final weeks of 5785. Devarim 20, verses 10-21, discuss some of the most direct laws of warfare. Before attacking a city not within the area which Hashem specifically instructed Bnei Yisrael to conquer, the Israelite army must offer terms of peace. If they do not accept peace and subjugation, the Israelite army should lay siege. In foreign towns, the innocents (women and children) were to be allowed to live, while in the cities of the land, total conquest was warranted “lest they lead you into doing all the abhorrent things that they have done for their gods and you stand guilty before Hashem your God.”  The section concludes with the law not to cut down fruit trees when besieging a city, but trees that do not produce fruit might be cut down.

 

It seems unnecessary to point out the relevance of the laws of siege to current history. However, we might need to remember that the goal of siege is for there to be less warfare and more surrender, and today we have both siege and warfare.

 

Perhaps though, the most important part of Parshas Shoftim is that which comes before the last aliyah, in the first 10 verses of Perek 20. Before the Israelite army goes to war, they are to be addressed by a kohein, who shall say: “Hear, O Israel! You are about to join battle with your enemy. Let not your courage falter. Do not be in fear, or in panic, or in dread of them. For it is Hashem your God who marches with you to do battle for you against your enemy, to bring you victory.” He then calls forth those who can be exempted from armed service, allowing those who are afraid or lacking in faith, to slip away.

 

The first section of Perek 20 drives home several important points. Critical to how we behave is remembering our relationship with Hashem. Our strength comes from our belief in Hashem. Additionally, not forgetting that bein adam l’chavero is almost always as important as bein adam l’Makom, and whether a comrade fights alongside or goes home to his freshly planted vineyard, he is still part of the nation.

 

Here in the month of Elul, as we reflect on that which is important heading into the Days of Awe, we can remember that Am Yisrael’s strength – no matter whether in Israel or in chutz l’aretz – is putting Hashem first in our vision and respecting our brethren.

 

Wishing you a good Shabbas.

 

 

Parshas Shoftim - Relating to Kingship.

 As school years begin across the northern hemisphere, millions of children are sitting in their classrooms, looking at their teachers, and asking, “Why do we have to learn this?” It was even noted at a recent teacher training conference that this question can be hard to answer specifically for a history teacher. Kids don’t generally resonate with “Those who forget the past are doomed to repeat it.” Nevertheless, the truth of this statement is highlighted in the current global climate when leadership in so many countries is shifting. Many people were in denial over the possible return of nationalism, and, equally, it still astonishes many that countries could choose to follow the path of Communism that failed so gloriously in the USSR.

What, you might be wondering, does this have to do with the parsha, parshas Shoftim? Shoftim has a wealth of fascinating subsections and verses that could, indeed, be connected to our current situation – some literally and some more figuratively - but in a world rocked by leadership debates it seemed pertinent that we are reminded of the Torah’s dictates on a Jewish king. It is famously known that the Torah prohibits kings of Israel from owning too many horses or marrying too many wives. It is also common knowledge that each king is obligated to write two Torah scrolls, and the reason for this is “so that his heart will not be haughty over his brothers, and so that he will not turn away from the commandment, either to the right or to the left, in order that he may prolong [his] days in his kingdom, he and his sons, among Israel” (Devarim 17:20).

Devarim 17:20 may be speaking of the ancient kings, of the men who reigned in the days of the Beis Hamikdash, and of royalty when all of klal Yisrael understood the Divinity of Torah. But the instructions in the Torah are often those which most resonate throughout time and regardless of place. Now we look at our world today and we have to wonder. “…so that his heart will not be haughty.”

Is there a politician today about whom one can say they are not haughty? Is there a “world leader” for whom it isn’t apparent that they are always going to put themselves first, to adjust the rules as they need them? Sadly, not really. And this is not a statement about any one particular party or figure; this is all of them.

Except now we are in Elul. Now we are in a time when we are meant to focus on Kingship – as it is said: “The King is in the field.” Now is the time to approach Hashem and supplicate Him even as we draw close, spiritually, and remember His awesomeness.

The verses on choosing a human king are separated out as their own aliyah (sheini). The message is important. Human leaders are, by nature, easily led to think themselves godlike in their power, untouchable by the world. (As an aside, haven’t you ever wondered when a politician gets caught in a public scandal how someone who lives under constant press coverage could believe they could have a secret life?) Once upon a time we thought that if we got rid of absolute monarchies, we would solve the problem of leaders who were led astray by arrogance, by wealth, or by their own frivolous whims, and so we moved to democracies hoping that these leaders would always remember to whom they were responsible. But anyone who must face election cycle after election cycle inevitably must build up their ego and must cater to special parties. This is history. History shows us how human leadership is… human.

In the closing days of Av, all of Klal Yisrael was devastated by the news of the monstrous execution of six of the hostages. It rocked our world. They were so close to freedom after suffering so long. For all these months we prayed for their lives, and Hashem said yes. For all these months we prayed for their freedom, and then Hashem said no. And we don’t really understand. We want to understand why such a terrible thing has occurred, but we never will because we are humans, because we see the world and see our slice of history, our specific story. We won’t be able to understand, but we look toward the leadership and are reminded that they seemingly put their own specific agendas first. But they are human, they cannot see the bigger picture.

It is Elul. The King is in the field. The King of kings knows the good and the bad and everything in between. He knows how much this hurt our nation, but He also knows the why that we may never understand.

Coming into Elul with this tragedy on our heads may have us perplexed. We davened so hard for these hostages, and Hashem said no. What do we do now? Now we turn to Hashem and we recognize His answer, and then we daven that their deaths will not be in vain, that we will, perhaps, be able to see a sliver of the bigger picture soon. We turn to the King of kings, and we declare how we accept His far broader perspective of the world, but nevertheless, we ask for what we need, what we want, and what we hope for. We daven, we request, we supplicate… yes, we have many words for ways we address Hashem … but we never forget that Hashem is the King.

It’s been a long week of reflection. May this Shabbas bring us a sense of comfort and peace, and May Hashem send Moshiach soon so that we can truly, truly understand.

 

Good Shabbas

 

Parshas Shoftim: The Weight of Leadership

This week’s parsha, Parshas Shoftim, is best known for the pasuk “Justice, justice, shall you pursue” (Devarim 16:20). This pasuk is a cornerstone of Torah living and the important parameters of halacha – that we are to try to emulate Hashem and create a just society. It is not an easy task, and it is not always an easily understandable concept when we examine the parameters set by the Torah.

As an example, this week’s parsha also contains the laws of the egel arufa, of the heifer killed as an atonement for a man found slain outside of a city’s boundaries. The basics are thus: If a body is found between two cities, a measurement is taken to determine to which city the body is closer. The elders and judges of that city, along with kohanim, must then take a calf that has never been yoked to a valley and break its neck, washing their hands over it and declaring “Our hands did not shed this blood, nor did our eyes see [this crime]. Atone for Your people Israel, whom You have redeemed, O Lord, and lay not [the guilt of] innocent blood among your people Israel” (Devarim 21:7-8).

 How is this justice? It is assumed that the elders and the judges represent the upstanding citizens of the city, those who are least suspect of such a crime (we won’t get into the wonderful plots of modern-day murder mysteries). Why must they assume any level of responsibility?

 The most widely discussed answer is that there is a responsibility to the fact that a guest in their city was sent on his way without consideration, without escort. Interestingly, the sefer Taleli Oros cites “Zeved Tov observes that the verse writes shifcha with a hey at the end rather than shifcho, which would be the grammatically correct form. He explains that the hey is an allusion to the five things that a host is required to provide for a poverty-stricken guest: clothing, food, drink, shelter and escort.” In the case of the man found in the field, this last one is assumed to have been lacking.

 This does not, however, resolve the question of why the elders and the judges are responsible. Can they really be expected to know every guest or stranger who appears in the city and then leaves it? That seems a bit high of an expectation, especially in a larger city.

 Dr. Arnold Lustiger writes in Chumash Mesoras Harav, based on the teaching of Rabbi Joseph B. Soloveitchik: “It is almost frightening how demanding the Torah is concerning the leadership that goes hand in hand with power. It is a responsibility that encompasses not only direct action but indirect – in fact, very removed – action. Of course, the leader is responsible for all his actions. His judgement must be right; he must not accept bribes; he must act in accordance with the principles of justice and charity. However, he is also charged with responsibility for things and events that are, prima facie, far removed from his concerns and interests. The people wielding power are the ones responsible for and guilty of the crime (Vision and Leadership, p.48)” (Lustiger 167).

 The laws of the egel arufah teach us that there is an expectation on the elders and judges to establish a culture in which the casual taking of a life could never be acceptable, in which a stranger would never be left to wander off to another town without protection. This might mean that they make certain to live in the ideal and to demonstrate righteous living and-or it might mean that they establish regular patrols to maintain civil law.

 The egel arufa has very defined parameters. It is a halacha that is meant for living in the land of Israel in a time when we have elders and judges and kohanim. But the Torah is eternal, and all that we learn in it applies to us in all living situations. Each of us is or can be a leader in our own way. A parent is a leader of a family. An organizer is a leader in the community. An upstanding citizen who strives to be a kiddush Hashem is by nature a leader whom others will emulate.

 The current civilization has prioritized living one’s true life and has accentuated a culture of “me” while claiming that this is a truly free and just society. The clamor of the modern world is to be an influencer by being the loudest or the brashest or the most “free to be me.” But leadership, as the Torah reminds us here with the laws of the egel arufah, is really about the weight of responsibility for the entire community.

Parshas Shoftim: More Than Property Lines

Parshas Shoftim covers a range of topics, most of them at least at some length. There is however, one topic that seems to be a verse that stands alone: “You shall not move your neighbor’s boundary, that the earlier ones set as borders in your inheritance, in the land that Hashem your God will give to you for an inheritance” (Devarim 19:14).

This is a good law, of course. It is not just good because it is a Torah law; it is a good law because it seems to be a base-line of normal civilized behavior. Moving the boundary line of a neighbor’s property implies theft of the most despicable kind. It is subterfuge. An inch and an inch and an inch…and suddenly there is a foot of difference between the original property allotments. Thus, Hashem declaring a prohibition of just such an act seems appropriate

What makes this pasuk interesting, and not just appropriate, is its placement. The verse comes just before the Torah discusses the requirement of two witnesses in any case needing judgement. The requirement for two witnesses is followed by a discussion of what will happen in the case of a false witness. A man who would bear false witness is as despicable as a person who would move a boundary line. They are both malicious acts performed in devious ways.

Additionally, the first thirteen verses of Devarim 19, just before the prohibition of moving the boundary line, discuss the cities of refuge. These verses go into detail about what constitutes manslaughter and what is, in fact, premeditated murder.  The section concludes with a ruling of what to do when a murderer flees to a city of refuge, and that is to show no pity.

“You shall not move your neighbor’s boundary, that the earlier ones set as borders in your inheritance, in the land that Hashem your God will give to you for an inheritance” (Devarim 19:14). In this seemingly disconnected pasuk, one might see the kernel of rot. Envy and jealousy are at the heart of the one with criminal intent, and revenge drives the victim who has already been harmed. Envy and jealousy that lead to such devious plotting also leads to enough hatred to strike down another Jew or to attempt to bear false witness against him.

We are not in the Promised Land, as even in Eretz Yisrael we are not living under Torah law, but the laws of the Torah are for all times and all places. Do not move the boundary line of your brother can impact so many areas of our lives, from the obvious - not stealing property - to the far less obvious transgression of claiming credit for someone else’s ideas or even of playing mind games that affect another person’s emotions.

May we all find satisfaction with the plot that Hashem has granted us and may we constantly look out for one another.

Parshas Shoftim: The Risk of SelfDelusion

The second perek of Parshas Shoftim appears to have four main topics of discussion. The first, and shortest, is the prohibition of bringing an animal with a blemish as an offering to Hashem. This one verse statement is followed by the instructions of how the discovery of a man or a woman who is serving avodah zarah should be handled, including a warning for the necessity of multiple witnesses for capital punishment. The third topic of Devarim 17 is what to do when there is a complicated dispute, which includes a firm reminder that if one comes to seek superior judgement, it cannot then be ignored. Finally, the perek reiterates the warning to the future kings of Israel against having too many horses, too many wives, or too much wealth, as well as the need for the king to write for himself two sifrei Torah. While the four topics seem randomly put together – perhaps, as if, in giving his final address, Moshe was moving to whatever topic came to mind – there is actually an overarching theme, and that theme is a warning against self-delusion. 

What does self-delusion have to do with the prohibition of bringing an offering with a blemish? This is actually quite obvious to anyone who has ever walked out of the house with a slight stain on their shirt and decided that if anyone noticed they would simply act as if it just happened or they had no idea it was there. Obviously, it is possible for someone to bring an offering without knowing there is a blemish, but that is not the case being discussed. The prohibition is against bringing an animal with a blemish, thus implying that one knew that the animal was inadequate. A person would only bring an unacceptable offering if one believed that it was not that important, that Hashem would understand, or if one only really cared that others saw one bringing an offering and not on the actual quality of one’s avodah. 

The case of the man or the woman who serves avodah zarah seems obvious at first since anyone who chooses idols or the worship of the son or moon or etc is deluding themselves by denying Hashem’s rulership. But actually, within this section is a far greater warning – the danger of bearing witness. Why do we not condemn a person based on a singular eye-witness account? Because the chance that the information has been distorted is too great. In all capital cases, including this one, those who are witnesses are also the one’s who begin the ultimate punishment. The man or the woman who worships avodah zarah has committed a terrible sin, but before one sets them on a path of execution, one must be one hundred percent certain lest their own actions lead them to the traumatic role of taking another’s life. 

In the third discussion, that of seeking higher judgement, there is, once again, a warning. Do not seek out judgement unless you truly want justice. If you are only out to win, to turn the law to your favor, then you set yourself up at great risk, for seeking a higher ruling and then ignoring it becomes a capital offense. 

The laws of the king complete this perek and, in truth, can be interpreted for every member of Bnei Yisrael. Power is the easiest path to self-delusion and corruption. Any person who attains power, and that can be interpreted differently by different people depending on their own life situations, can easily believe that their achievements are a statement of their inherent goodness or strength of character or intelligence. How often do we see famous people fall to misfortune because they believe that they can break the norms of society, that laws and mores do not apply to them? For this reason, the Torah speaks to the top-most persona in the Jewish nation, the king, and lays out openly the easiest ways for a man to be led astray and the best means to prevent it.

The Torah is a book of law and a theology of truth. In all matters of halacha and hashkafa, being honest about one’s intentions is paramount. Moshe, in his final recounting of the Torah, grouped these sections of law together because they all subtly highlight the very varied ways in which every person has the ability to delude themselves that they are acting with the best intention. One might think that bringing a sheep even with a little blemish is still bringing a sheep, but, in fact, it is rather the completion of the self-delusion that one is acting on the will of the Divine rather than basic human instincts. This simple example is the foundation of all of these subjects. No matter one's station, a person must stop themselves from being corrupted by selfish instinct and evaluate the true motives of their actions.

Two Witnesses (Shofteim #2)

Reading through Parshas Shoftim, one might notice that the requirement of two witnesses in a court case was instructed in two separate places. It is described in Devarim 17:6-7 and 19:15.” The witness requirement – two appropriate people who not only saw an act happen but tried to prevent it by warning the perpetrator of the consequences of his actions - is a foundation point of the Jewish legal system. Its repetition in the parsha whose most famous pasuk is “Justice, Justice shall you pursue” (16:20) reinforces its importance.

Not living in a situation where the Torah legal system can be applied, one might wonder at what lessons can be taken from this concept of witnesses. Perhaps first and foremost is that the hoped for role of the witnesses is to prevent the transgression in the first place. This is the significance of being part of a community because when one is part of a community ones’ friends and neighbors will help one stay on the right path. More importantly, perhaps, is a lesson that one should not surround oneself with patsies who agree to one’s every action but that one should learn to heed naysayers as well, lest one come to be too arrogant to believe their own fallibility and ignore the warnings of misdeeds when it matters most.

Of course, this is based on the assumption that people want to stay on a good path, that crimes happen as a result of impulse and/or circumstance and not a specifically chosen desire to do evil. Hashem quite obviously understood that such people as these do exist, and that they may try to “play” the law; Thus the warning against the consequence of being a false witness: “If a man who testified is a false witness, if he has testified falsely against his fellow, you shall do to him as he schemed to do to his fellow. Thus you will sweep out evil from your midst” (19:18-19). Being part of a community, a good community, helps keep people from wicked ways, and using wicked ways to undermine the community’s system of justice cannot be permitted.

The great sages quoted in Pirkei Avot speak of the importance of being amongst others. Joshua ben P’rachia advices “Make for yourself a rav, acquire for yourself a companion, and judge all men favorably” (1:6), and the great Sage Hillel instructs: “Do not separate yourself from the community” (2:4). We live in a time when independence and individuality is heralded as a prime value, but the assertion of one’s individual rights must always be balanced by the needs of sustaining the greater community, which protects each of its individual members.

Thoughts on Justice (Shoftim #1)

In the United States, the people who are meant to be the last word of the law are known by the title of Justice. Perhaps the term was chosen to suggest that these select few are capable of defining the law in a way that will create the just society desired by the founding fathers. Today, that premise might well be questioned as each appointment of a new justice is a battle of politics and personal opinion.

The usual translation for justice is the Hebrew word tzedek, an extremely important concept in Judaism and the main focus of the beginning of this week’s parsha, “Shoftim.” Deuteronomy 16 contains the famous verse: “Tzedek, tzedek, tirdof lmaan tichiyeh vyareshta et ha’aretz asher Hashem E-hlokecha notein lach….Justice, justice shall you pursue in order that you shall live and inherit the land that Hashem your God is giving you…” (16:20). Since it is an accepted idea that the Torah contains no unnecessary words, it seems particularly odd to have the word repeated twice. Stranger still is the verse’s placement as the concluding verse of a section specifically commanding the appointment of and the injunction to judges against bribery and bias. After all of the warnings on how not to distort justice, is such an emphatic call for justice really necessary?

First and foremost, according to Rashi and many other commentators, this verse is addressing the litigants. It is an excellent warning that, were it to be heeded more today, would relieve the intense pressure on the court system. Many of the court cases that get brought to litigation are not really about justice. They are about being right, or financial gain, or simply proving that one has the right to litigate. Suing a company because of one’s own stupidity, whether legally permissible or not, is not about pursuing justice.

If asked, most people will find a way to spin their litigation as having wrongs righted, and they are spinning it to themselves as well – often without doing so consciously.

Perhaps there is something to be learned from the connection of the word tzedek, justice, and tzedakah, charity. When a person gives tzedakah they are not supposed to think of how wonderful they are for giving away some of their money. Rather, one should realize that Hashem determines how much money a person will have. By giving tzedakah, one is just transferring money to where it was meant to go. Giving tzedakah is the Divinely given opportunity for each person to help bring balance, completion, and thus peace, to the world. So too, when one seeks justice one should, ideally be seeking balance. If one neighbor moves their property boundary mark, amends must be made and then the neighbors can be in peace with each other.

Rabbi Joseph Soloveitchik had an interesting commentary about the connection of truth and peace and how they effect the pursuit of justice:

…Conciliation between litigants derives from a desire to maintain peace despite the fact that the litigants’ positions are mutually exclusive. There is an aspect of sheker, falsehood, on the part of one who compromises for the sake of peace. Yet, if men exclusively exemplified the attribute of emes, people would be in -existence. constant conflict. Absolute truth precludes peaceful co-existence.

This quote might shed some light on what causes so many to be distressed by the process of choosing Supreme Court justices. While the court has a constant focus on ensuring justice, the current process of appointing justices focuses a great deal more on party affiliation and loyalty, of falling in line with a set of values set by a cohort of politicians rather than on how much they have done to ensure justice. The process highlights neither actual truth nor shalom.

Each side of the political party asserts that they push their specific agendas for the greater good of the country, but, here too, the Torah offers us insight: “What is the meaning of the seemingly redundant use of the word tzedek, justice? With this, the Torah disavows the prevalent attitude: the ends justify the means. The Torah tells us that the method by which you pursue justice must be just and truthful. Pursue justice by means of justice. Don’t use falsehood and deception in order to achieve justice” (Wellsprings of Torah, Rabbi Alexander Zusia Friedman, 1897-1943).

The placement of the pasuk at the conclusion of this section is not by chance. It is a warning to all, litigants and judges, that the characteristics of justice are essential. They are the qualification for the nation to live and stay on the land. And the pasuk that follows, “Do not plant an ashera for yourself…”(16:21) appears to be a completely new topic. However, Reish Lakish notes in Masechet Sanhedrin 7b: “Appointing an unworthy judge is equivalent to planting an ashera tree.” The comparison is that an ashera tree looks like any other tree but it is dedicated for idolatry. It is prohibited even to plant an ashera because an innocent person will not know to chop it down, that it was planted in bad faith. So too, it is important to appoint truly righteous judges because the litigants brought before him will believe that his decisions come from a place of unbiased righteousness.