Shoftim – Peninim on the Torah

ואמרת אשימה עלי מלך ... שום תשים עליך מלך אשר יבחר ד' אלקיך בו

And you will say, “I will set a king over myself” … You shall surely set over yourself a king who Hashem, your G-d, shall choose. (17:14,15)

Unlike secular royalty, the melech Yisrael is not merely a ruler, but rather, a spiritual shepherd, warrior, judge and unifier, who embodies the highest level of yiraas Shomayim, fear of Heaven, and humility. While he represents the glory of our nation, he remains a servant of the people. His presence inspires awe and fear of Heaven, with his very being reminding us of malchus Shomayim, the Heavenly kingdom. Ideally, the melech Yisrael (if he is worthy) is the institution through which Hashem enables the people to live in peace and justice, maintaining the ability to serve Him in preparation for…

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והאיש אשר יעשה בזדון לבלתי שמוע אל הכהן ... ובערת הרע מישראל וכל העם ישמען ויראו

Sruly Schnair In Shoftim, 5785

And the man that will act with willfulness, not listening to the Kohen … And you shall destroy the evil from among Yisrael, the entire nation shall listen and fear. (17:12,13)

The zakein mamrei, rebellious elder, is someone who is, for all intents and purposes, one of the nation’s erudite scholars. He disagreed with his colleagues concerning certain halachah. While debate and disagreement are allowed — and even encouraged — once the halachah is established, everyone must accept and adhere to the ruling. One who does not – especially an elder, a scholar who defiantly disagrees and rules against the Sanhedrin— endangers the very underpinnings of halachic authority. He is to be executed during the next Regel, Festival, of the Shalosh Regalim, when all of Klal Yisrael is present to witness,…

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לא תטע לך אשרה כל עץ אצל מזבח ד' אלקיך

Sruly Schnair In Shoftim, 5785

You shall not plant for yourselves an idolatrous tree, any tree, near the altar of Hashem, your G-d. (16:21)

An idolatrous tree refers either to a tree which was worshipped (as was the accepted service of the pagans) or to any kind of tree that is planted in the proximity of the Mizbayach. The idolators would often landscape their idols and temple with lush foliage and trees in order to attract worshippers to its aesthetically enhanced surroundings. Chazal (Sanhedrin 7B) focus on the juxtaposition of asheirah to dayanim, judges. Reish Lakish says, “If one appoints an unqualified judge over the community, it is as if he has planted an asheirah in Yisrael.” In a well-known exposition, Horav Chaim Soloveitchik,…

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כי השוחד יעור עיני חכמים

Sruly Schnair In Shoftim, 5785

For the bribe will blind the eyes of the wise. (16:19)

We must endeavor to understand the necessity of a Biblical prohibition against accepting a bribe. Anyone with a modicum of intelligence understands that accepting a bribe is unethical. It perverts one’s thought process, encouraging partiality in favor of the one who offers him the bribe. The Chazon Ish, zl (Emunah U’Bitachon 3:30), teaches otherwise, explaining that the prohibition of shochad is a special decree from Hashem. It has nothing whatsoever to do with rationale. Proof positive is the fact that the Torah does not prohibit a person from issuing a halachic ruling for himself. A Jew may inspect a newly-slaughtered…

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כי האדם עץ השדה

Sruly Schnair In Shoftim, 5784

For man is like a tree of the field. (20:19)

With the above three words, the Torah conveys the notion that a man is to be likened to a tree. From a superficial perspective, a man can be compared to a tree in a number of areas. Trees are known for their strong trunks and deep roots. This provides for – and bespeaks – stability. A person’s character should be firm and grounded, able to withstand the winds of change that could sway him away from Hashem. Second, trees grow and develop. Over time, they branch out far beyond their original appearance. They reach toward the sky and spread outward…

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ודברו השוטרים אל העם לאמר מי האיש אשר בנה בית חדש ולא חנכו ... ואמרו מי האיש הירא ורך הלבב ילך וישוב לביתו

Sruly Schnair In Shoftim, 5784

The officers shall speak to the people saying, “Who is the man who has built a new house and has not inaugurated it? … Who is the man who is fearful and fainthearted? Let him go and return to his house.” (20:5,8)

In times of war, individuals may experience distractions that impede their ability to concentrate on the battle before them. While the observant Jew understands that Hashem is the Supreme General and that the war will play itself out in accordance with His will, the soldier must still endeavor to execute his mission and not undermine the battle plan. He must maintain his focus on the dangers ahead. His weakness affects not only him, but all the members of the battalion. The Torah recognizes three types of individuals whose circumstances may cause them to divert their attention from the battlefield. One…

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נביא מקרבך מאחיך כמני יקים לך ד' אלקים תשמעון

Sruly Schnair In Shoftim, 5784

A prophet from your midst, from your brothers, like me, shall Hashem, your G-d, establish for you – to him shall you listen. (18:15)

The Navi is obviously very special, since Hashem has chosen him for this function. How are we to know if he is truly Hashem’s choice? Apparently, the credentials of this tzaddik, righteous person, are impeccable, characterized by positive attributes and virtues to which everyone agrees. Nonetheless, everyone has his personal opinion and his own litmus test. What passes muster for one person does not necessarily pass muster for another. Is there a clear- cut criteria which define a righteous leader? Rashi comments that he must be mumchah hu lach, proven to you, to be a tzaddik gamur, such as Eliyahu…

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והיתה עמו וקרא בו כל ימי חייו

Sruly Schnair In Shoftim, 5784

It shall be with him, and he shall read from it all the days of his life. (17:19)

The Torah enjoins the Melech Yisrael, Jewish King, to write two copies of the Torah for himself: one to keep in his treasury; and the other to keep with him at all times. The imperative that the Torah be a constant part of his life will serve as a reminder that, although he publicly holds an august position, he is a servant of Hashem. As such, he must adhere to all 613 mitzvos in the same manner as every Jew. He should not fall prey to the allure of power, wealth and fame. His position obligates him to take greater…

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כפר לעמך ישראל אשר פדית

Sruly Schnair In Shoftim, 5783

Atone for Your people, Yisrael, that You have redeemed. (21:8)

Simply, asher Padissa, “Which You redeemed,” is an appellation which applies to Klal Yisrael throughout the generations. We are, and will continue to be, the nation who Hashem redeemed and continues to redeem from bondage and adversity. Hashem redeemed us from Egypt, which, as mentioned in the Haggadah Shel Pesach, was the preeminent liberation of our people. Had our ancestors not been redeemed, we would today still be in Egypt enslaved to a contemporary Pharaoh. Thus, asher Padissa is a reference to our redemption throughout the ages as a result of that first redemption from Egypt. Ibn Ezra contends that…

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מי האיש הירא ורך הלבב ילך וישב לביתו

Sruly Schnair In Shoftim, 5783

Who is the man who is fearful and fainthearted? Let him go and return to his house. (20:8)

Chazal (Sotah 44a) cite two opinions concerning the fearful and fainthearted soldier who must return home from the battlefield, lest his distress demoralize the other soldiers. Rabbi Akiva is of the opinion that the Torah is referring to the cowardly person, who, after the Kohen’s assurances of Hashem’s support in the battlefield, is still overwhelmed with apprehension. He will have a negative effect on others. Let him go home and relax – if he can. His faith in Hashem is, at best, weak, and thus, not deserving of a miracle that he survive the battle. Rabbi Yosi HaGlili contends that…

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ואמרת אשימה עלי מלך ... שום תשים עליך מלך אשר יבחר ד' אלקיך בו

And you will say, “I will set a king over myself” … You shall surely set over yourself a king who Hashem, your G-d, shall choose. (17:14,15)

והאיש אשר יעשה בזדון לבלתי שמוע אל הכהן ... ובערת הרע מישראל וכל העם ישמען ויראו

And the man that will act with willfulness, not listening to the Kohen … And you shall destroy the evil from among Yisrael, the entire nation shall listen and fear. (17:12,13)

לא תטע לך אשרה כל עץ אצל מזבח ד' אלקיך

You shall not plant for yourselves an idolatrous tree, any tree, near the altar of Hashem, your G-d. (16:21)

כי השוחד יעור עיני חכמים

For the bribe will blind the eyes of the wise. (16:19)

כי האדם עץ השדה

For man is like a tree of the field. (20:19)

ודברו השוטרים אל העם לאמר מי האיש אשר בנה בית חדש ולא חנכו ... ואמרו מי האיש הירא ורך הלבב ילך וישוב לביתו

The officers shall speak to the people saying, “Who is the man who has built a new house and has not inaugurated it? … Who is the man who is fearful and fainthearted? Let him go and return to his house.” (20:5,8)

נביא מקרבך מאחיך כמני יקים לך ד' אלקים תשמעון

A prophet from your midst, from your brothers, like me, shall Hashem, your G-d, establish for you – to him shall you listen. (18:15)

והיתה עמו וקרא בו כל ימי חייו

It shall be with him, and he shall read from it all the days of his life. (17:19)

כפר לעמך ישראל אשר פדית

Atone for Your people, Yisrael, that You have redeemed. (21:8)

מי האיש הירא ורך הלבב ילך וישב לביתו

Who is the man who is fearful and fainthearted? Let him go and return to his house. (20:8)

YEARS

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