Shoftim – Page 5 – Peninim on the Torah

ובאת אל הכהנים הלוים ואל השפט אשר יהיה בימים ההם... והגידו לך את דבר המשפט

You shall come to the Kohanim, the Leviim, and to the judge who will be in those days… and they will tell you the word of judgment. (17:9)

We believe that the leaders of each and every generation are specifically suited for that generation. Therefore, we do not second guess our gedolim, Torah leadership. They are Hashem’s choice. To impugn the integrity of their leadership is to question Hashem’s decision. The leader of each individual generation is the last word in Torah ruling. We do not compare him to the leaders of earlier generations. He is our leader – not the leader of a previous generation. Horav Shimshon Pincus, zl, relates an amazing story that occurred concerning the Gaon, zl, m’Vilna, which underscores this idea. We must remember…

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לא תסור מן הדבר אשר יגידו לך ימין ושמאל

Rabbi L. Scheinbaum In Shoftim, 5774

Do not deviate from the word that they will tell you, right or left. (17:11)

Rashi explains that one may not deviate from the halachah as expounded by the sages, even if they tell you concerning “right,” that it is “left” and, concerning “left” that it is “right.” The question is obvious: if I know that something is definitely “right” or that something is clearly “left,” a thousand sages are unable to change this reality. Does the Torah demand that I commit a falsehood, that I act out a lie? Obviously, this is not what the Torah wants of us. What is the meaning of Lo sassur, “Do not deviate,” and what does Rashi mean…

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Sruly Schnair In Shoftim, 5754

“If there is a matter concealed from you in judgement between blood and blood, between decision and decision, and between plague and plague, (even) matters of controversy within your gates.” (17:8)

The pasuk encourages one to seek judgement by the higher courts in the event of doubt in various areas of Jewish law. Horav Meir Shapiro z.l. as well as many others have interpreted this pasuk homiletically in the following manner: If you are shocked and exasperated by the bein dam l’dam questions between the blood of nations, (i.e., when nations malign us with blood libels) even though our abhorrence of blood is apparent. If a Jew wishes to eat a piece of meat, he must soak and salt it to the point that no drop of blood remains. Why then are we so…

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Sruly Schnair In Shoftim, 5754

“You shall prepare the way and divide the border of your land into three parts… that every murderer may flee there.” (19:3)

In Makos 10b the Talmud states that each crossroads bore the sign “miklat,” refuge, in order to guide the murderer toward the right direction to reach the arai miklat, cities of refuge. The Ponevezer Rav z.l. expounded on this Chazal. Why were directional signs provided only for the rotzeach b’shogeg, unintentional murderer? Why weren’t signs likewise provided for the oleh regel, pilgrims who went up to Yerushalayim for Yom Tov? There should have been signs at the crossroads directing all Jew to the Bais Ha’Mikdash. He responded in the following manner: Man, by nature, detests a murderer. One who has…

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Sruly Schnair In Shoftim, 5754

“And the officers shall speak unto the people saying what man (is there) that has built a new house and has not dedicated it yet… and what man (is there) that has planted a vineyard and has not used the fruit thereof… and what man (is there) who has betrothed a lady and has not taken her…. what man (is there) that is fearful and fainthearted let him go and return to his house.” (20:5,6,7,8)

In these pasukim, the Torah describes Klal Yisrael’s procedure for entering into a milchemes reshus, voluntary war, a war for which the king needed the authorization of the Sanhedrin. We note here an interesting set of laws that were implemented as the men prepared to go into battle. The Kohen Mashuach Milchamah, specially anointed for war, would address the assemblage of would-be soldiers and exhort them regarding the cruelties and dangers they could expect to face. Three groups of people were encouraged to leave, lest their concern regarding affairs unfinished at home pre-disposed them to be excluded from active participation…

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ולא תקים לך מצבה

Rabbi L. Scheinbaum In Shoftim, 5773

And you shall not erect for yourselves a pillar. (16:22)

The Torah addresses various forms of idolatrous worship which were common practice among the pagans. Horav Levi Yitzchak Berditchev, zl, interprets the pasuk homiletically, adding a practical twist. Chazal teach that This World, Olam Hazeh, is compared to a vestibule before Olam Habba, the World to Come. Everything which we do in this world is but a preparation for the World to Come. We eat and drink, so that we are nourished and healthy enough to perform the mitzvos which will be our access to Olam Habba. Our entire lives revolve around Olam Habba, with life on this world nothing…

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כי ימצא בקרבך... אשר יעשה את הרע... וילך ויעבד אלהים אחרים...והוגד לך ושמעת ודרשת היטב והנה אמת הדבר נעשתה התועבה הזאת בישראל

Rabbi L. Scheinbaum In Shoftim, 5773

If this will be found among you… who commits evil… and he will go and serve gods of others… and it will be told to you and you will hear; then you will investigate well, and behold! It is true, the testimony is correct – this abomination was done in Yisrael. (17:2,4)

The Torah seems to employ a lengthy vernacular in order to describe this idol worshipper. The words, ki yimatzei, “If there will be found,” is an unusual phrase to describe the discovery of one who worships idols. It could simply have said, “If there will be among you.” “Finding” focuses on the detection of something unknown, whereas this case is one in which witnesses attest to a man’s guilt. It is a fait accompli – a done deal; it happened; now we must punish the sinner. Why does the Torah emphasize the next step in the process of establishing guilt:…

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על פי התורה אשר יורוך... תעשה לא תסור מן הדבר אשר יגידו לך ימין ושמאל

Rabbi L. Scheinbaum In Shoftim, 5773

According to the teaching that they will teach you… shall you do; you shall not deviate from the word that they will tell you, right or left. (17:11)

One must obey the decision of the court even if he is convinced that the court has erred in its ruling. Even if the ruling seems to be saying that right is left and left is right – you must obey. It goes without saying that, if one is certain that the court has ruled correctly, he must obey its decision. The law is timeless. We must listen to daas Torah, the wisdom of the Torah as interpreted and expounded by our Torah leaders. The Sefer HaChinuch comments: “In every generation, we must listen to the rulings of the wise…

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ועשיתם לו כאשר זמם לעשות לאחיו

Rabbi L. Scheinbaum In Shoftim, 5773

And you shall do to him as he planned to do to his brother. (19:19)

In the beginning of Meseches Makkos, the Mishnah asks the question: “In what manner do witnesses become zomeimim?” Hazamah is the process by which witnesses are proven false by testimony that places them elsewhere at the time that the alleged incident took place. The penalty for hazamah is reciprocal punishment, meaning the punishment the false witnesses sought to impose on the dependent by their testimony is meted out to them, be it monetary payment or corporal punishment. This is the meaning of, V’asisem lo kaasher zomam laasos l’achiv, which is the Scriptural reference to the reciprocal penalty incurred by those…

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Rabbi L. Scheinbaum In Shoftim, 5772

“You shall not turn from the word that they will tell you, right or left.” (17:11)

The spiritual leadership of Klal Yisrael makes their decision only after careful deliberation of the halachah, law. It is rendered by individuals whose relationship with Torah is of a singular nature. Their exemplary love for the Torah goes hand in hand with their profound scholarship. Their interpretation of the Torah is law. We are commanded to listen to them, even when the decision they render seems unjustified or incorrect. They represent the final word. To undermine the words of Chazal is to attack the Torah. The following incredible story was related by Horav David Puvarsky: The story takes place in…

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ובאת אל הכהנים הלוים ואל השפט אשר יהיה בימים ההם... והגידו לך את דבר המשפט

You shall come to the Kohanim, the Leviim, and to the judge who will be in those days… and they will tell you the word of judgment. (17:9)

לא תסור מן הדבר אשר יגידו לך ימין ושמאל

Do not deviate from the word that they will tell you, right or left. (17:11)

“If there is a matter concealed from you in judgement between blood and blood, between decision and decision, and between plague and plague, (even) matters of controversy within your gates.” (17:8)

“You shall prepare the way and divide the border of your land into three parts… that every murderer may flee there.” (19:3)

ולא תקים לך מצבה

And you shall not erect for yourselves a pillar. (16:22)

כי ימצא בקרבך... אשר יעשה את הרע... וילך ויעבד אלהים אחרים...והוגד לך ושמעת ודרשת היטב והנה אמת הדבר נעשתה התועבה הזאת בישראל

If this will be found among you… who commits evil… and he will go and serve gods of others… and it will be told to you and you will hear; then you will investigate well, and behold! It is true, the testimony is correct – this abomination was done in Yisrael. (17:2,4)

על פי התורה אשר יורוך... תעשה לא תסור מן הדבר אשר יגידו לך ימין ושמאל

According to the teaching that they will teach you… shall you do; you shall not deviate from the word that they will tell you, right or left. (17:11)

ועשיתם לו כאשר זמם לעשות לאחיו

And you shall do to him as he planned to do to his brother. (19:19)

“You shall not turn from the word that they will tell you, right or left.” (17:11)

YEARS

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