Today's Learning: Kelim 3:3-4 O.C. 581:2-4 Nidah 51 Hamaayan / The Torah Spring Edited by Shlomo Katz Shoftim Vol. XI, No. 47 (527) 4 Elul 5757, September 6, 1997 This parashah contains many of the laws pertaining to the courts, including the following verse (17:6), "By the testimony of two witnesses or three witnesses shall the condemned person die; he shall not die according to one witness." Rav Chaim Avraham of Michelov z"l explains homiletically: The midrash relates that Hashem asked Wisdom what should be the fate of a sinner. Wisdom responded, "Let him suffer." Prophecy was asked the same question, and it responded, "Let him die." When the Torah was asked, it said, "Let him bring a korban." Then Hashem Himself said, "Let him repent." This, said Rav Chaim Avraham, is the meaning of the above verse, "By the testimony of two witnesses -- Wisdom and Prophecy -- or three witnesses -- Wisdom, Prophecy and the Torah -- shall the condemned person die." (Even according to the Torah, a sinner would die if he did not bring a korban; however because the Torah's answer was milder, the verse groups the other "two witnesses" separately.) On the other hand, the sinner "shall not die according to one witness," i.e., Hashem. Rav Avraham Stern z"l (see page 4) adds that another verse in this parashah can be interpreted similarly. Verse 19:15 states: "A single witness shall not stand up against any man for any iniquity or for any error, regarding any sin that he may commit; according to two witnesses or according to three witnesses shall a matter be confirmed." The gemara teaches that "A single witness shall not stand up against any man for any iniquity or for any error" means that the testimony of a lone witness cannot cause another person to be found liable, but it can force a litigant to take an oath. Interpreted homiletically: When will the single witness, i.e., Hashem, not bring about punishment? When the sinner takes an oath to repent and returns to upholding the oath which the Jewish people took at Har Sinai. (Melizei Esh, Vol. I, page 86) ****************** "When there will be a man who hates his fellow . . ." (19:11) The Shulchan Aruch (Y.D. 362:6) states that those who were enemies in their lifetime may not be buried next to each other. Regarding this halachah, Rav Moshe Stern (the "Debrecener Rav") z"l writes as follows: The gemara (Nidah 37a) relates that the sages Rav Assi and Rav Shila had a halachic disagreement, as a result of which Rav Assi excommunicated Rav Shila. (Rav Assi mistakenly thought that their mutual teacher, known simply as "Rav," had instructed him to do so.) Subsequently, Rav Assi and Rav Shila died on the same day, and their coffins were placed near each other before their respective interments. As the coffins were resting there, a myrtle branch which had been placed on one coffin (as was the custom) floated over to the other coffin. Those present then said, "It appears that the rabbis have made peace." In light of this story, why can't enemies be buried next to each other þ would they not make peace after their deaths? Not necessarily, explains the Debrecener Rav. There is a difference between "enemies" in halachah and those whose enmity is related to mundane matters. The former, who are holy and whose battle is for the sake of heaven, surely make peace. The latter may not do so. (She'eilot U'teshuvot Be'er Moshe Vol. 8, No. 114) ****************** And yet, it often appears that rabbis and Torah scholars who have different viewpoints become mortal enemies. Why? Do not Chazal say that Torah scholars increase peace in the world? Rav Benzion Halberstam (the "Bobover Rebbe") z"l hy"d explained this with reference to the eleventh, twelfth and thirteenth blessings of Shemoneh Esrei: What separates the shoftim/Torah judges from the tzaddikim? Only the malshinim/tale-bearers! (Quoted in Marbitzei Torah Me'olam Hachassidut) ****************** From the Humor of Our Sages . . . Chazal say that Torah scholars bring peace to the world. How so? Rav Yonatan Eyebschutz z"l explained, "Even old enemies make peace in order to combat the rabbi." [Ed. Note: Please see the related divrei Torah above.] ****************** Parashat Shoftim in Halachah * Forty-one of the Torah's 613 mitzvot appear in this parashah. (Sefer Hachinuch) * "You shall place a king above you." (17:15) In Lublin, there was a simple Jew who used to give out free combs in the bathhouse every Friday. When the chassidic rebbe, Rav Yaakov Yitzchak z"l (known as the "Chozeh") heard of this, he said, "Would that I could have a share in this great mitzvah!" Lublin's rabbi, Rav Azriel z"l, was a fierce mitnaged/opponent of chassidut. Hearing of the Chozeh's statement, he retorted, "There is a clear proof in the gemara that distributing combs in the bathhouse is no mitzvah. The gemara (Menachot 43b) says that when King David stood undressed in the bathhouse he regretted being bereft of mitzvot. He had no tefilin or tztitzit, and he could not study Torah when he was undressed. "Now," said Rav Azriel, "if distributing combs in the bathhouse is a mitzvah, why didn't King David do that?" "With all due respect," replied the Chozeh, "King David could not have distributed combs in the bathhouse, for on the verse, 'You shall place a king above you,' the mishnah (Sanhedrin 2:5) comments, 'His awe shall be on you.' This means, teaches the mishnah, that no one may be present when the king bathes." (Chiyuchah Shel Torah and other sources) * Regarding the mitzvah to be in awe of the king (see above), Rav Bezalel Stern z"l wonders whether it is permitted to refer to a king by his given name (e.g., "David"). He answers as follows: Certainly with the addition of the title "King" it is permitted, for we see that Bat Sheva said, "May my master, King David, live forever" (Melachim I 1:32). [Although Bat Sheva was the king's wife, and wives usually address their husbands by their given names, presumably Bat Sheva still showed the king the respect due him in his role as the king.] Even without the title "King," it appears that after the king's death he may be referred to by his given name, for whereas the halachah prohibits a person from calling his deceased father or rebbe by their given names, we find no similar source regarding a king. To the contrary, we find in the gemara (Sukkah 53a) that one of the sages refers to "David." What about during the king's lifetime? We do find that the prophets addressed the kings by name; however, that is no proof, for they may have been exempt from all aspects of honoring the king. [They were often sent by G-d to rebuke the kings.] The question is left unresolved. (She'eilot U'teshuvot Betzel Hachochmah Vol. I, No. 70) ****************** Rav Moshe Stern z"l ("The Debrecener Rav") born Hoshana Rabbah 5675 (1914) - died 2 Av 5757 (1997) This week marked the shloshim/thirty days since the passing of Rav Moshe Stern, one of the foremost poskim/halachic authorities in the United States. His eight volumes of responsa, entitled Be'er Moshe, address the range of modern-day halachic issues. Rav Moshe was born in Nieheisel, in what later became Czechslovakia. His father was Rav Avraham Stern, a noted posek and historian, whose encyclopedic work Melizei Esh is the source for many of the biographies which have appeared in Hamaayan. Much of Rav Moshe's education took place in the Pressburg Yeshiva, under the direction of Rav Akiva Sofer (a direct descendant of the Chatam Sofer). Thereafter, throughout his career as a posek, Rav Moshe was known to uphold the traditions of the Chatam Sofer. As a student, Rav Moshe's diligence was legendary. He studied from 3 a.m. to midnight; however, in order not to wake up his roommates, he asked his 3 a.m. study partner to tug on a chord which was tied to Rav Moshe's toe and hung out of a window. In 1940, Rav Moshe became a dayan/rabbinical court judge in Debrecen (pronounced Deb-reh-tzeen), the second largest city in Hungary. Although he was the youngest of the four dayanim in Debrecen, he was quickly recognized as the greatest among them. (It should be noted that this was in wartime, when the questions asked of rabbis are significantly more difficult than under normal circumstances.) In 1944, Rav Moshe was deported to Bergen-Belsen, where he served as a slave laborer. After his liberation, he arrived in the United States. He settled in Brooklyn in 1949, and remained there until his death (except for 10 months in the 1950's when he served as rabbi of Buenos Aires). One can readily see Rav Moshe's compassion throughout his responsa. At the same time, he strictly upheld tradition þ even the seemingly superstitious customs of Jewish grandmothers. He also was a firm opponent of Zionism, including Religious Zionism. Rav Moshe's brother, Rav Bezalel Stern, also was a prominent posek. He was rabbi of Vienna, Austria and, later, Melbourne, Australia. ****************** Donations to Hamaayan are tax-deductible