Hamaayan/The Torah Spring Edited by Shlomo Katz Parashat Shoftim Volume VI/Number 47 (281) 7 Elul 5752/September 5, 1992 Rabbenu Nissim writes that, unlike other nations, the Jews have a dual judicial system. Every nation has laws, whose purpose is to make civilized life possible, and each nation has a king or other official who appoints judges to enforce those laws. In our Parasha we read that Bnei Yisrael, too, are commanded to appoint a king. The Parasha begins, however, with the command to maintain a "Sanhedrin" and a system of courts (apparently independent of the king, since they are mentioned before the Mitzvah of appointing of a king is taught). This is a reflection of the dual legal system which the Torah contemplates. Thus the Gemara teaches that even if a defendant is not found guilty by the Sanhedrin - which, we are taught, went to any lengths to avoid executing a criminal - the king could apply a stricter (!) form of justice and have the defendant killed anyway, if "law and order" so requires. The laws which the Sanhedrin is enjoined to enforce have a different purpose - to foster the spiritual growth of the Jewish people. It is abundantly clear that such is the purpose of the "Chukim" - laws which we do not immediately understand - such as "Parah Adumah" and "Kashrut". Certainly "civilization" is not furthered by these Mitzvot. It is important to realize, however, that even the "logical" Mitzvot (e.g. honoring parents and not stealing) are intended to fulfill our spiritual, and not only our societal, needs. If such were not the case, their enforcement would be the sole province of the king. (Derashot haRan #11) ************************************ "When Hashem will destroy the nations whose land Hashem has given you... Set aside three cities.... for [accidental] murderers to escape to." (19:1-3) Just before these verses we read that Hashem promises to send us prophets, and we should therefore not rely on astrologers and magicians to foretell our future. What is the connection between that command and the above verses? R' Moshe Alshich explains that the Torah is proving to us that there is no power in astrology. The above verses teach that one who accidentally kills another must flee to an "Ir Miklat" - city of refuge - and remain there for a certain period of time. We might wonder: if a murderer and his victim are fated by the stars to kill and be killed, why should the murderer flee? We must thus conclude that the stars do not control us! Furthermore, among the tens (hundreds?) of thousands of Canaanites there were surely some whose stars dictated that they not be killed or expelled from their land. Nevertheless, Hashem promised that Bnei Yisrael would conquer the land and subdue all those who live there, and this too disproves the theories of astrologers. (Torat Moshe) ************************************ The Month of Elul How does Teshuva (repentance) work? How can a sin - a Shabbat violated or a word of "Lashon Hara" said - be undone? R' Yosef Albo explains that most sins have two elements, the action itself and the intent to sin by that action, and if either is missing, there is no sin. Although an action, once done, cannot be taken back, a sinner's intent can be changed retroactively. How so? Imagine a merchant on a ship which is foundering in stormy seas. Suddenly the captain orders all of the cargo, including the merchant's wares, jettisoned in order to save the vessel. The merchant will of course comply, for who would not do so if it would save his live! What will go through the merchant's mind? Would we say that he is abandoning his property voluntarily or involuntarily? At first glance, his actions are involuntary, as they are compelled by the circumstances, and the immediate result - that the merchant is impoverished - is extremely distressing to him. However, if the merchant reflects upon that episode after some time has passed, he will be glad that he threw his wares overboard, as his life is worth more than his belongings. Furthermore, had he been aware of that calculation earlier, he would never have been distressed by the captain's orders, and would have complied voluntarily. A similar analysis can be applied to a person's sins. When a person violates the Shabbat, speaks Lashon Hara of his friend, or commits antoher sin, his intent to commit the action is wilful. That is why the sin is counted against him. As time passes, however, and the sinner comes to realize the consequences of his action - the insult - he says to himself, "Had I taken all of this into account before, I would never have done what I did." He has, in effect, retroactively withdrawn his desire to accomplish the sin, and that is what we call Teshuva. (Sefer haIkarim IV, ch.27) ************************************ Biographical Notes on the sources quoted in this issue Rabbenu Nissim ("Ran"): The name of two Spanish scholars, one of whom wrote Derashot haRan, an important philosophical work: 1) "Rabbenu Nissim, a student of the Ramban": he is cited in several sources as the author of the above work. Nothing is known about him except that he died between 1224 and 1228, when Ramban himself was only in his thirties. 2) Rabbenu Nissim ben Reuven: born circa 1290; was Rabbi of Barcelona; is best known for his commentary on the "Rif"' is not to be confused with R' Nissim ben Yaakov of Tunisia (11th century) whose Talmud commentary appears in the margin of some tractactes, and who is considered the first "Rishon" (post- Geonic scholar); died 1375. R' Yosef Albo: born circa 1380; was a disciple of R' Chisdai Crescas II, a student of R' Nissim ben Reuven; was Rabbi of Daroka, Spain; participated in the disputation at Tortosa in 1413; wrote Sefer haIkarim on the principles of Jewish faith; died 1444. R' Moshe Alshich ("The Alshich haKodesh"): born 1508 in Turkey, to Spanish exiles; studied under R' Yosef Karo, first in Turkey, and later in Tzefat; also studied under R' Yosef Taitatzak; was a popular "Darshan" (preacher), and developed his sermons into his Tanach commentaries; was a member of the Tzefat rabbinical court, and the Talmud teacher of R' Chaim Vital, the best known Kabbalist after the "Arizal"; died 1593. Note: Biographies which have already appeared in this series will not be repeated. ************************************ The learning schedule for this Shabbat is: Mishnah Yomit: Parah 8:5-6 (Learn two Mishnayot every day) Halacha Yomit: OC/MB 467:14-16 (Learn three paragraphs every day) Daf Yomi: Yevamot 69 (Learn two sides of a page every day) Rambam Chapter/Day: Hilchot Melachim Umilchemotayhem - Chap. 7 3 Chapters/Day: Hilchot Eivel - Chapters 9-11 ************************************ The hard copy distribution of this week's Hamaayan is sponsored by: Michael Singer, in honor of his wife Beth ************************************ Donations to Hamaayan are tax deductible