Ki Seitzei – Page 16 – Peninim on the Torah

“Because you did not serve Hashem your G-d, amid gladness and goodness of heart.” (28:47)

We may infer from the text of the pasuk that the curses to which Klal Yisrael will be subjected are a result of serving Hashem without joy. In other words, regardless of one’s actual performance of a mitzvah, if it is not carried out joyfully it is not considered to be a mitzvah. To the contrary, it is a source of curse. The commentators explore the importance of inherent joy in mitzvah performance. The Baal Ha’Tanya offers a profound explanation for this. Unhappiness indicates a total breakdown of personality. A true Jew must be happy! He is blessed — either…

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“Your life will hang in the balance, and you will be frightened night and day, and you will not be sure of your livelihood.” (28:66)

Rashi explains that in exile the Jewish People will be so insecure that they will never be safe from impending violence. Regarding their livelihood, they will be compelled to rely on daily purchases, never confident that the markets will be available to them the next day. In the Talmud, Menachos 103b, Chazal explain that this pasuk refers to a situation in which one has less and less to eat, in which he is relegated to go out daily to seek his bread. This is considered the epitome of unhappiness, not knowing whence one’s daily bread will come, living in constant…

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“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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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 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

“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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“You should not see the ox of your brother or his lamb lost, and hide from them; surely you shall return them to your brother.” (22:1)

The Torah commands us to return a lost ox or lamb to its rightful owner, warning us not to avoid performing this deed. The Ibn Ezra notes that this imperative applies under all circumstances, including a contingency in which the finder is preoccupied with another endeavor. Indeed, he states, that even if one is overwhelmed by the tumult of war, the confusion of hastily bidding farewell to family members, or the fear of personal injury or death, he is still expected to notice a stray lamb and return it to its owner. Should not the Torah have excused someone experiencing…

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Rabbi L. Scheinbaum In Ki Seitzei, 5752

“And your camp shall be holy, that He shall not see in you any unseemly thing.” (23:15) – There shall be no woman who acts licentiously from among the daughters of Yisrael, neither shall there be a moral degenerate from the Bnei Yisrael.” (23:18)

The contrast in these pesukim is striking. On the one hand, we are positively enjoined to maintain a strict degree of holiness. On the other hand, we are admonished not to degrade ourselves by acting licentiously. Do not the mitzvos of the Torah focus on establishing us as a kingdom of priests and a holy nation? Therefore, it seems incongruous that a nation which willingly has accepted the entire Torah should need to be cautioned regarding debauchery. It is unlikely that these two antagonistic attitudes coexist within the same individual. Obviously, a nation, whose goal is to maintain a hallowed…

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Rabbi L. Scheinbaum In Ki Seitzei, 5752

“Remember what Amalek did to you by the way as you came forth from Egypt.” (25:17)

Included in the imperative to remember Amalek’s heinous deed is the obligation to reflect upon the place where this incursion transpired. This seems enigmatic! Why should it be necessary to remember the place? Should it not be sufficient to simply remember the act? In Hilchos Melachim (8:5) the Rambam states that it is a mitzvah to constantly remember Amalek’s evil deeds and the fact that he ambushed us as we left Egypt. This memory serves as a source to propagate yet greater animosity towards him. This image, however, does not yet explain the significance of the location of the tragic…

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Rabbi L. Scheinbaum In Ki Seitzei, 5752

“Remember what Amalek did unto you… you shall blot out the remembrance of Amalek from beneath the heaven… do not forget.” (25:17-19)

The Talmud in Megillah 18a explains the apparent redundancy in regard to the mitzvah of blotting out Amalek’s name. The Talmud states that the “remembrance” should be by word of mouth, while the “do not forget” should be borne in our hearts. It is not sufficient to harbor the hatred toward Amalek in our hearts. This abhorrence towards Amalek must be articulated verbally. It seems incongruous that a people who have determined justice and love to be fundamental guiding principles, a people who extol the virtue of kindness, should maintain a mitzvah to harbor enmity towards another nation. Our…

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“Because you did not serve Hashem your G-d, amid gladness and goodness of heart.” (28:47)

“Your life will hang in the balance, and you will be frightened night and day, and you will not be sure of your livelihood.” (28:66)

“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)

“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 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)

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

“You should not see the ox of your brother or his lamb lost, and hide from them; surely you shall return them to your brother.” (22:1)

“And your camp shall be holy, that He shall not see in you any unseemly thing.” (23:15) – There shall be no woman who acts licentiously from among the daughters of Yisrael, neither shall there be a moral degenerate from the Bnei Yisrael.” (23:18)

“Remember what Amalek did to you by the way as you came forth from Egypt.” (25:17)

“Remember what Amalek did unto you… you shall blot out the remembrance of Amalek from beneath the heaven… do not forget.” (25:17-19)

YEARS

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