Ki Seitzei – Peninim on the Torah

כי תבנה בית חדש ועשית מעקה לגגך

If you build a new house, you shall make a fence for your roof. (22:8)

Noting the juxtaposition of the law of maakeh, fence for a roof, upon the previous law of shiluach ha’kein, Rashi comments, “If you fulfilled the mitzvah of sending away the mother bird from the nest, your end will be to (merit to) build a new house and will fulfill the mitzvah of maakeh, for mitzvah goreres mitzvah, a mitzvah engenders another mitzvah after it.” One wonders: Is it possible to live without a house? Obviously not. If so, why does Rashi emphasize that the house is the result of mitzvas shiluach ha’kein, which will now engender the mitzvah of maakeh?…

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כי יקרא קן צפור לפניך ... שלח תשלח את האם והבנים תקח לך

Sruly Schnair In Ki Seitzei, 5784

When a bird’s nest happens to be before you on the road… you shall surely send away the mother and take the young for yourself. (22:6,7)

This mitzvah (shiluach ha’kein) is an extension of the mitzvah not to slaughter oso v’es b’no b’yom echad, not to slaughter an ox or a sheep and its offspring on the same day. On the surface, the Torah seeks to teach us to be compassionate even to the feelings of an animal. Chazal (Berachos 33a) teach that one silences the individual who says, Al kan tzipor yagiu rachamecha, “Your mercy extends even to a bird’s nest,’ because he insinuates that the attributes of Hashem are exclusively mercy, when, in fact, they are exclusively decrees. Hashem did not enact decrees, such…

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ותפשו בו אביו ואמו והוציאו אותו אל זקני עירו

Sruly Schnair In Ki Seitzei, 5784

Then his father and mother shall grasp him and take him out to the elders of his city. (21:19)

What is the source for the responsibility of parents to bring their wayward son to bais din? Simply, the Torah explains that they are the ones bringing the complaint against their son. He does not listen to them, and he has stolen from them. Since they are the ones who are primarily affected, they are able to absolve him of punishment. Horav Eliyahu Baruch Finkel, zl, offers a powerful insight into the parents’ responsibility and why it is specifically they who are to bring him to bais din. The ben sorer u’moreh is executed because of how he will one…

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כי יהיה לאיש בן סורר ומורה איננו שמע בקול אביו ואימו

Sruly Schnair In Ki Seitzei, 5784

If a man has a wayward and rebellious son, who does not obey his father or his mother. (21:18)

In the list of potential familial tragedies, the ben sorer u’moreh, wayward and rebellious son, is certainly in the upper stratum. This is clearly a tragedy, given that parents do so much and give all of themselves to raise their children along the proper and straight course. It happens, however, for various reasons or just because Hashem wills it. In other words, parents can do everything right, follow all the guidebooks and sefarim on chinuch, even daven and recite Tehillim, and Hashem can still decree upon them to have a ben sorer u’moreh. I would like to address the circumvention…

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כי תצא למלחמה על אויביך

Sruly Schnair In Ki Seitzei, 5784

When you will go out to war against your enemies. (21:10)

Rashi comments that the Torah is speaking about a milchemes reshus, discretionary war. With regard to milchemes mitzvah, a war which we are commanded to wage, such as against the sheva umos, seven pagan nations that inhabited Eretz Yisrael, we are enjoined not to take prisoners. Thus, the subsequent law regarding the yefas to’ar, beautiful captive, would not apply. The Baal Shem Tov also applies this pasuk as a metaphor for the never-ending battle we must wage against our internal enemy: the yetzer hora, evil inclination. We have no shortcuts in this battle. It is constant, so that it demands…

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אשר קרך בדרך

Sruly Schnair In Ki Seitzei, 5783

Who chanced upon you on the way. (25:18)

Rashi comments, “Amalek cooled you off from your burning heat.” The nations feared the Jewish People, thus, they distanced themselves from any altercation with them. Amalek assuaged their fears. This may be compared to a scalding hot bath which everyone fears entering. Suddenly, one man comes along and jumps in. He is scalded, but now others no longer fear the bath. He “cooled” it off for others. The analogy seems incorrect. On the contrary, once the people observe the burn status of the man who jumped in, they will surely stay away. Likewise, once the nations saw what happened to…

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אשר קרך בדרך ויזנב בך כל הנחשלים אחריך ואתה עוף ויגע ולא ירא אלקים

Sruly Schnair In Ki Seitzei, 5783

That he happened upon you on the way, and he struck those of you who were hindermost, all the weaklings at your rear, when you were faint and exhausted, and did not fear G-d. (25:18)

We must endeavor to understand in what area Amalek stood out from among all of the other nations who were our enemies. Indeed, we had no friends – only those who paid lip service out of fear, but certainly not out of love or admiration. We were always tolerated, rarely respected, and hardly ever admired. This is quite possibly out of envy. We are Hashem’s chosen people who have, despite the greatest odds and untold persecution, survived and thrived, growing, contributing and not acting obsequiously. We have a noble heritage and an exalted destiny. We do not bow to anyone…

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לא תתעב אדמי כי אחיך הוא לא תתעב מצרי כי גר היית בארצו... דור שלישי יבא להם בקהל ד'

Sruly Schnair In Ki Seitzei, 5783

You shall not reject an Edomi, for he is your brother; you shall not reject an Egyptian, for you were a sojourner in his land… the third generation may enter the congregation of Hashem. (23:8,9)

Understandably, we would not want to accept the children of a convert from those nations who have persecuted us. The Torah’s line of thinking is different than ours. Hashem has enjoined us to take a positive view of the descendants of these nations. Edom is “family,” and Egypt provided food and lodging for Yaakov Avinu and his family. What happened later is a different story. It does not absolve us of the obligation to show gratitude. Nonetheless, it takes three generations after conversion for their base nature to be expunged. The Sefer HaChinuch explains the shoresh, root, of this mitzvah….

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לא יבא עמוני ומואבי בקהל ד'... על דבר אשר לא קדמו אתכם בלחם ובמים... ואשר שכר עליך בלעם בן בעור

Sruly Schnair In Ki Seitzei, 5783

Neither an Amoni nor a Moavi may enter the congregation of Hashem… because they did not greet you with bread and water… and because he hired Bilaam ben Beor. (23:4,5)

Even if an Amoni or Moavi converts to Judaism, he/she is still forever barred from marrying a Jewish woman. Our bloodlines may not become tainted by the males of these two nations. The Torah states two reasons, both of which, on the surface, seem not to fit the punishment. They did not greet us with bread and water when we traveled through the wilderness and came close to their land. While this may manifest a lack of mentchlichkeit, it is only a moral flaw. Should a deficiency in moral stature demand such punishment? Furthermore, we believe that, over time, if…

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זכור את אשר עשה לך עמלק ... תמחה את זכר עמלק מתחת השמים

Sruly Schnair In Ki Seitzei, 5782

Remember what Amalek did to you… you shall wipe out the memory of Amalek from beneath the heaven. (25: 17,19)

The parshah begins with a war against our enemies and concludes with the war we are to wage constantly against our archenemy: Amalek. Horav Chaim Shmuelevitz, zl, asserts that Amalek is not merely one solitary nation. Amalek is a concept, symbolizing any group of people bent on destroying the Jew’s relationship with Hashem. They employ every weapon, every idea, that puts questions in the mind of the Jew, to cool off his passion to serve Hashem, to ever so slightly convince him to water down his obedience to the Almighty. Amalek convinces us (or forces us) to believe that we…

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כי תבנה בית חדש ועשית מעקה לגגך

If you build a new house, you shall make a fence for your roof. (22:8)

כי יקרא קן צפור לפניך ... שלח תשלח את האם והבנים תקח לך

When a bird’s nest happens to be before you on the road… you shall surely send away the mother and take the young for yourself. (22:6,7)

ותפשו בו אביו ואמו והוציאו אותו אל זקני עירו

Then his father and mother shall grasp him and take him out to the elders of his city. (21:19)

כי יהיה לאיש בן סורר ומורה איננו שמע בקול אביו ואימו

If a man has a wayward and rebellious son, who does not obey his father or his mother. (21:18)

כי תצא למלחמה על אויביך

When you will go out to war against your enemies. (21:10)

אשר קרך בדרך

Who chanced upon you on the way. (25:18)

אשר קרך בדרך ויזנב בך כל הנחשלים אחריך ואתה עוף ויגע ולא ירא אלקים

That he happened upon you on the way, and he struck those of you who were hindermost, all the weaklings at your rear, when you were faint and exhausted, and did not fear G-d. (25:18)

לא תתעב אדמי כי אחיך הוא לא תתעב מצרי כי גר היית בארצו... דור שלישי יבא להם בקהל ד'

You shall not reject an Edomi, for he is your brother; you shall not reject an Egyptian, for you were a sojourner in his land… the third generation may enter the congregation of Hashem. (23:8,9)

לא יבא עמוני ומואבי בקהל ד'... על דבר אשר לא קדמו אתכם בלחם ובמים... ואשר שכר עליך בלעם בן בעור

Neither an Amoni nor a Moavi may enter the congregation of Hashem… because they did not greet you with bread and water… and because he hired Bilaam ben Beor. (23:4,5)

זכור את אשר עשה לך עמלק ... תמחה את זכר עמלק מתחת השמים

Remember what Amalek did to you… you shall wipe out the memory of Amalek from beneath the heaven. (25: 17,19)

YEARS

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