Ki Seitzei – Peninim on the Torah

“Forty (stripes) he may give him, he shall not exceed.” (25:3)

Rashi explains that the number forty is not accurate, since he only receives thirty-nine lashes. Various explanations are offered by the commentators to explain why the Torah chose to write the number forty when — in reality — it should read only thirty-nine. The Divrei Yecheskel offers an explanation which carries within it a profound message. Man must realize that, regardless of one’s level of achievement, it is inconceivable to attain the degree of sublime purity necessary to stand before Hashem. Likewise, whatever our lot in life, it is still not sufficient compensation for that which we “owe” Hashem. Nonetheless,…

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Rabbi L. Scheinbaum In Ki Seitzei, 5753

“If a birds nest by chance be (found) before you . . . and the mother sitting upon the young or upon the eggs, do not take the mother with the young.” (22:6)

The halachah of Shiluach Ha’Kain, sending away the mother while keeping the eggs for oneself, is especially striking in that it applies only to birds and not to wild beasts. Throughout halachah, these two are considered the same, i.e. the law of covering blood after shechitah applies likewise to a wild beast and a fowl. Why should one be permitted to take a young deer away from its mother? Horav Zalmen Sorotzkin, z.l., suggests an explanation from which we may derive a profound insight into a parent’s relationship with his children. Animals, as well as humans, give birth to offspring…

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Rabbi L. Scheinbaum In Ki Seitzei, 5753

“If a man has a stubborn and rebellious son that will not listen to the voice of his father or the voice of his mother . . . and they shall say . . . ‘this our son is stubborn and rebellious he will not listen to our voice.'” (21:18,20)

The halachos that abound regarding the ben sorer u’moreh, rebellious son, preclude its practical application. Indeed, in Sanhedrin 71A the Talmud states that there has never been an incident of ben sorer u’moreh which culminated in the boy’s execution. According to the Talmud, the parsha of ben sorer u’moreh was included in the Torah for the sole purpose of study and reward. This indicates the importance of the parsha’s message regarding the proper method for the education of children. Nonetheless, the approach to teaching the specific message presented seems questionable. Why did the Torah not simply state the positive factors…

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Rabbi L. Scheinbaum In Ki Seitzei, 5753

“If a man has a stubborn and rebellious son . . and all the men of his city shall stone him with stones that he die. (21:18,21)

Rashi offers the reason for this extreme punishment. The ben sorer u’moreh, rebellious son, is punished because of what he may become in the end. The Torah delves into his final intentions. In order to satisfy his insatiable desires, after first consuming his father’s wealth, he will stand at the crossroads and rob people. In order to satisfy his “needs,” he may even murder. Consequently, the Torah said, let him die innocent rather than guilty. This approach to retribution is, however, not consistent with Rashi’s thesis in Bereishis 21:17. When Yishmael was condemned to die as a child, the pasuk…

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“Forty (stripes) he may give him, he shall not exceed.” (25:3)

“If a birds nest by chance be (found) before you . . . and the mother sitting upon the young or upon the eggs, do not take the mother with the young.” (22:6)

“If a man has a stubborn and rebellious son that will not listen to the voice of his father or the voice of his mother . . . and they shall say . . . ‘this our son is stubborn and rebellious he will not listen to our voice.'” (21:18,20)

“If a man has a stubborn and rebellious son . . and all the men of his city shall stone him with stones that he die. (21:18,21)

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