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5779

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ונס שמה רצח מכה נפש בשגגה

And a murderer shall flee there – one who takes a life unintentionally. (35:11)

Rabbeinu Bachya asks a question that only a Rishon could ask. He wonders about the disparity in punishment between the rotzeiach b’shogeg, inadvertent murderer, and the rotzeiach b’meizid,  premeditated murderer. After all is said and done, they are both murderers. If the premeditated murderer would escape to the ir miklat, city of refuge, he would be immediately yanked out. Why is he different than his inadvertent counterpart? At the end of the day, two victims lay in the morgue. They are both deceased. Disparate dinim, laws, apply to each of the murderers. Why is this? Obviously, this question is rhetorical….

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זאת הארץ אשר תפל לכם בנחלה ארץ כנען לגבלתיה

This is the land that shall fall to you as an inheritance, the land of Canaan according to its borders. (34:2)

Rashi explains the term, tipol lachem, “shall fall to you.” Since the land had been apportioned by lottery, its division was expressed in terms of “falling.” Alternatively, he quotes the Midrash that explains “falling” as a reference to Hashem causing the ministering angels of the seven nations, who at that time inhabited the land of Canaan, to “fall” from the Heavens. They were bound up before Moshe Rabbeinu. Hashem said to Moshe, “Look, they no longer have koach, strength.” Hashem expects us to be mishtadel, endeavor, regardless of the fact that it is Hashem Who prepares the path of success….

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