Shoftim – Peninim on the Torah

ולא ימס את לבב אחיו כלבבו

And let him not melt the heart of his fellows. (20:8)

The Torah instructs someone who is fearful or faint-hearted to remain at home. He should not go to battle, because his fear (regardless of the reason, real, or because he feels himself not spiritually worthy of surviving) would have a negative impact on the others. The Imrei Emes notes that if one “weak” heart can negatively destroy the positive feelings of a multitude of soldiers, how much more so can one who possesses a powerful good heart, who is himself inspired to serve Hashem under all circumstances? When we act with enthusiasm, our feelings are infectious; when we daven properly,…

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והורידו זקני העיר ההיא את העגלה אל נחל איתן ... וערפו שם את העגלה בנחל

Sruly Schnair In Shoftim, 5786

The elders of that city shall bring the heifer down to a harsh valley … and they ax the back of its neck in the valley. (21:4)

The halachah of oso v’es b’no lo sischatu b’yom echad, “You shall not slaughter a mother (ox or sheep) and its offspring on the same day,” applies to kosher, domesticated animals, such as cows, sheep, and goats, and it refers to both the mother and its child. Chazal (Yoma 64A) discuss a situation in which the shliach bais din, agent of bais din, who performs the se’ir l’azazel, rite in which he pushes the goat over a cliff, is permitted to slaughter the mother that day (although it was Yom Kippur, for it was necessary for a critically ill person). …

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שופטים ושוטרים תתן לך בכל שעריך

Sruly Schnair In Shoftim, 5786

Judges and officers shall you appoint in all your cities. (16:18)

Sefer HaChinuch explains that these judges and officers are responsible for maintaining discipline among the people. Their job is to see to it that everyone adheres to the mitzvos, and assure that those who do not, receive their due punishment. These judges represent the highest echelon of Torah erudition, ethical and moral character refinement. It goes without saying that they are G-d-fearing and represent the spiritual elite of the nation. The root of the mitzvah is obvious. A nation that witnesses its leadership reflecting the highest standards of service to Hashem will themselves be inspired to follow suit. This will…

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

Sruly Schnair In Shoftim, 5785

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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ולא ימס את לבב אחיו כלבבו

And let him not melt the heart of his fellows. (20:8)

והורידו זקני העיר ההיא את העגלה אל נחל איתן ... וערפו שם את העגלה בנחל

The elders of that city shall bring the heifer down to a harsh valley … and they ax the back of its neck in the valley. (21:4)

שופטים ושוטרים תתן לך בכל שעריך

Judges and officers shall you appoint in all your cities. (16:18)

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)

YEARS

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