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כי יהיה ריב בין אנשים ונגשו אל המשפט

When there will be a dispute between people, and they have recourse to judgment. (25:1)

Rashi explains that, when there is a dispute, their end will be to have to recourse to judgment. On the basis of this pasuk, you should say/deduce that peace does not emerge from dispute. Maharal explains that the Torah could have simply written, “When men will have recourse to judgment.” “When there will be a dispute” is seemingly superfluous. Thus, we derive that the natural outcome of a dispute is a din Torah, recourse to judgment. The disputants will not come to an agreement on their own. Rashi adds, “What caused Lot to separate from the righteous Avraham Avinu, his…

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זכור את אשר עשה לך עמלק... ואתה עיף ויגע ולא ירא אלקים

Remember what Amalek did to you… when you were faint and exhausted, and he did not fear G-d. (25:17,19)

Amalek was not the only nation that attacked the Jews. The Canaanites, Sichon and Og also acted in much the same reprehensible manner. Yet, Amalek is the only one about whom the Torah attests was V’lo yarei Elokim, “And he did not fear G-d.” Why is Amalek singled out more than any other one of our enemies, in terms of being unafraid of G-d? The Brisker Rav, zl, explains this, basing his thesis on a statement of Rabbi Yochanan ben Zakkai in the Talmud Bava Kamma 79b. The students of the great Tanna asked him why the Torah is more…

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כי יהיה לאיש בן סורר ומורה איננו שמע בקול אביו ובקול אמו

If a man will have a wayward and rebellious son, who does not listen to the voice of his father and the voice of his mother. (21:18)

In the Talmud Sanhedrin 71a, Chazal teach, “There never was, nor will there ever be, such a thing as a ben sorer u’moreh, ‘wayward and rebellious son’. Why, then, do we have this law? So that you may inquire into it and receive reward (by your inquiry).” Our sages give us the comforting assurance that the ben sorer u’moreh is not a reality in our history. Never have we had— nor will we ever have— to deal with a child whose rebellious behavior meets all of the criteria of the law which classifies him utterly beyond redemption. Execution is the…

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כי יהיה לאיש בן סורר ומורה... ותפסו בו אביו ואמו... ואמרו בננו זה בן סורר ומורה

If a man will have a wayward and rebellious son… and is father and mother shall take hold of him…and they shall say… “This son is wayward and rebellious.” (21:18, 20)

We all know the story. A rebellious child is brought to the court. His parents are at their wits’ end. They have tried everything – from discipline, to love, to coercion and reward. They have gone to professionals, tried every technique – all to no avail. Their son refuses to change. He displays an attitude for which apparently there is no cure. He is brought to bais din, court, where the ultimate punishment is carried out: Yamus zakai v’al yamus chayov, “Let him die while he is still innocent, rather than having to execute him once he has committed an…

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והיה עמך עד דרש אחיך אתו והשבתו לו וכן תעשה לשמלתו

And it shall remain with you until your brother inquires after it… so shall you do for his garment. (22:2,3)

The Talmud Bava Metzia 27a, derives from the singling out of simlah, garment, that just as a garment is distinguished in the sense that it has identifying marks and it has claimants, likewise, anything else that has simanim, identifying marks, and has claimants must be announced. This is the source of the derivation that yiush— an object which either has no siman or is lost in a city which has a majority of non-Jewish residents— may be kept by its finder. In both cases, the owner, realizing that his chances of retrieving his possession are slim to nil, will be…

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לא יבוא עמוני ומואבי בקהל ד' על דבר אשר לא קדמו אתכם בלחם וביין... ואשר שכר עליך בלעם... לקללך

Neither an Amoni or Moavi may enter the congregation of Hashem… because they did not greet you with bread and water… and because he hired Bilaam… to curse you. (23:4,5)

The Amonite and Moavite nations are forever barred from marrying a Jewish woman – regardless of the sincerity and irreproachable nature of his conversion. Why? The Torah gives two reasons for this discrimination: they did not greet our ancestors with bread and water during their difficult journey through the wilderness; they hired Bilaam to curse the Jews. These reasons beg elucidation. If it is due to their lack of chesed, kindness, what qualifies other nations for acceptance as converts? Have we not suffered at their hands throughout the millennia? Furthermore, what connection is there between their lack of kindness and…

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כי יהיה לאיש בן סורר ומורה... ותפסו בו אביו ואמו... ואמרו בננו זה בן סורר ומורה

If a man will have a wayward and rebellious son… and is father and mother shall take hold of him…and they shall say… “This son is wayward and rebellious.” (21:18, 20)

We all know the story. A rebellious child is brought to the court. His parents are at their wits’ end. They have tried everything – from discipline, to love, to coercion and reward. They have gone to professionals, tried every technique – all to no avail. Their son refuses to change. He displays an attitude for which apparently there is no cure. He is brought to bais din, court, where the ultimate punishment is carried out: Yamus zakai v’al yamus chayov, “Let him die while he is still innocent, rather than having to execute him once he has committed an…

Continue Reading

והיה עמך עד דרש אחיך אתו והשבתו לו וכן תעשה לשמלתו

And it shall remain with you until your brother inquires after it… so shall you do for his garment. (22:2,3)

The Talmud Bava Metzia 27a, derives from the singling out of simlah, garment, that just as a garment is distinguished in the sense that it has identifying marks and it has claimants, likewise, anything else that has simanim, identifying marks, and has claimants must be announced. This is the source of the derivation that yiush— an object which either has no siman or is lost in a city which has a majority of non-Jewish residents— may be kept by its finder. In both cases, the owner, realizing that his chances of retrieving his possession are slim to nil, will be…

Continue Reading

לא יבוא עמוני ומואבי בקהל ד' על דבר אשר לא קדמו אתכם בלחם וביין... ואשר שכר עליך בלעם... לקללך

Neither an Amoni or Moavi may enter the congregation of Hashem… because they did not greet you with bread and water… and because he hired Bilaam… to curse you. (23:4,5)

The Amonite and Moavite nations are forever barred from marrying a Jewish woman – regardless of the sincerity and irreproachable nature of his conversion. Why? The Torah gives two reasons for this discrimination: they did not greet our ancestors with bread and water during their difficult journey through the wilderness; they hired Bilaam to curse the Jews. These reasons beg elucidation. If it is due to their lack of chesed, kindness, what qualifies other nations for acceptance as converts? Have we not suffered at their hands throughout the millennia? Furthermore, what connection is there between their lack of kindness and…

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“When you go forth in battle against your enemies…. and you see amongst the captives a woman of goodly form… If a man has two wives… If a man has a stubborn and rebellious son .” (21:10,11,15,18)

There are a number of difficulties which confront us when we attempt to interpret the sequences and rationale of these pesukim. Rashi explains the juxtaposition of pesukim in the following manner: The Jewish soldier is permitted to marry the ye’fas to’ar, beautiful captive. This is a concession to human nature as opposed to the yetzer hora, evil inclination. In His infinite wisdom, Hashem saw that man, weak from the tension of war, would succumb to his base desires and marry this woman even illicitly. Consequently, He permitted marriage to her. Such a relationship, however, can not and will not bode…

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