Hamaayan / The Torah Spring Edited by Shlomo Katz Parashat Shoftim Volume 22, No. 48 6 Elul 5768 September 6, 2008 Sponsored by Mr. and Mrs. Gershon Katz on the marriage of their son Shimshon Hillel to Ruchy Gross Today's Learning: Chullin 11:1-2 O.C. 187:2-4 Daf Yomi (Bavli): Gittin 57 Daf Yomi (Yerushalmi): Sotah 40 Rabbeinu Nissim z"l (14th century; Barcelona, Spain) 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 parashah we read that Bnei Yisrael, too, are commanded to appoint a king. The parashah begins, however, with the command to maintain a bet din (later called a Sanhedrin) and a system of courts (apparently independent of the king, since they are mentioned before the mitzvah to appoint a king is taught). This is a reflection of the dual legal system which the Torah contemplates. 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 required. 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 kashruth. 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, not the bet din. (Derashot Ha'Ran #11) ******** "Tzeddek, tzeddek / Righteousness, righteousness shall you pursue . . . ." (16:20) R' Shimon Sofer z"l (1821-1883; rabbi of Krakow) explains the repetition of the word "tzeddek." G-d has promised us that one who practices tzedakah will become wealthy. "Pursue tzedakah for the sake of tzedakah," the Torah says. Give charity, not so you will become wealthy and live a life of luxury, but rather so that you will be in a position to give more charity. (Michtav Sofer) ******** "Then the officers shall speak to the people, saying, `Who is the man who has built a new house and has not inaugurated it? Let him go and return to his house, lest he die in the war and another man will inaugurate it. And who is the man who has planted a vineyard and not redeemed it? Let him go and return to his house, lest he die in the war and another man will redeem it. And who is the man who has betrothed a woman and not married her? Let him go and return to his house, lest he die in the war and another man will marry her.' "The officers shall continue speaking to the people and say, `Who is the man who is fearful and fainthearted? Let him go and return to his house, and let him not melt the heart of his fellows, like his heart'." (20:5-8) R' Amram Zvi Gruenwald z"l (dayan / rabbinical court judge in Oyber- Visheve, Hungary and rabbi of the Fernwald Displaced Persons Camp) explains the kohen's declaration, and its connection to the officers' subsequent proclamation, as follows: One who goes out to war should fear that his sins will make him vulnerable in battle. Therefore, before one goes out to war, he should address the three primary desires that lead mankind to sin -- the desire for wealth (property), the desire for food, and the desire for women. Specifically, the antidote to sin is to channel these desires toward the performance of mitzvot. "Who is the man who has built a new house and has not inaugurated it? Let him go and return to his house . . . ." Let him affix a mezuzah to it and dedicate his property to observing mitzvot. "And who is the man who has planted a vineyard and not redeemed it? Let him go and return to his house . . . ." Let him begin to perform the mitzvot associated with growing food, i.e., redeeming the produce of the fourth year which must be eaten in Yerushalayim. [This is referred to as "redeeming" because one would not ordinarily carry the produce to Yerushalayim. Instead, one would redeem it and spend the money in Yerushalayim.] "And who is the man who has betrothed a woman and not married her? Let him go and return to his house . . . ." Let him fulfill the mitzvot associated with marriage in order to sanctify his relationship. (Zichron Amram Zvi) ******** Elul Rambam z"l writes: "If one transgressed any mitzvah in the Torah -- whether an affirmative commandment or a negative commandment, whether intentionally or negligently -- when he repents and returns from his sin, he is obligated to confess before G-d, Blessed is He." (Hilchot Teshuvah 1:1) Many commentaries observe that, according to Rambam, there does not appear to be a mitzvah to repent. Rather, when one is ready to repent, there is a mitzvah to follow a certain procedure, which Rambam outlines. R' Yosef Gruenwald z"l (the Pupa Rav; died 1984) explains, citing the work Yismach Moshe, that one cannot be commanded to repent, because the essence of repentance is regret, which is a feeling. Feelings cannot be commanded; either one has them or he does not. However, R' Gruenwald notes, the Sefer Chareidim does list repentance as a mitzvah. [The Chareidim lists two aspects to this mitzvah -- one part which occurs in the individual's mind, i.e., regret, and a second part which is spoken, i.e., confession.] R' Gruenwald explains that although feelings cannot be commanded, one can be commanded to perform actions that awaken feelings. In this case, the action that awakens the feeling of regret that leads to teshuvah is studying mussar works and the laws of teshuvah. (Quoted in Imrei Vayechi Yosef p.99) R' Menachem Simcha Katz shlita (Brooklyn, N.Y.) notes that many works state that strengthening one's study of Torah is an element of repentance. Why is this so? He explains: We read in Yirmiyah (16:11), "They forsook Me, and My Torah they did not observe." Is it not obvious that if the nation forsook Hashem, that it did not observe the Torah? Therefore the midrash comments: "G-d says, `Would that they had abandoned Me but kept My Torah. [Why?] Because the light of the Torah would have brought them back." Commentaries explain that Torah study enlightens one's eyes to see where he has room for improvement. This is especially true, R' Katz notes, if one follows the advice of Ramban z"l, i.e., that whenever one rises from his Torah studies, he ask himself what he has learned that he can implement in practice. R' Katz adds: Another reason that Torah study aids repentance may be gleaned from the words of the Kotker Rebbe z"l who said: "I want you to not sin, not because sinning is prohibited, but rather because you do not have time to sin [being too busy studying Torah]." (Simcha L'Ish p.78) ******** "A Call to the Student" In honor of the start of the new school year in most yeshivot and schools, we present below the inspirational opening lines from Chovat Ha'talmidim, by R' Klonimus Kalman Shapira z"l Hy"d, chassidic rebbe of Piasetzno, Poland. That work is devoted to providing both encouragement and practical advice to yeshiva students and educators. Throughout R' Shapira's career as a chassidic rebbe and rosh yeshiva, young people found in him an especially understanding figure. During the Holocaust, R' Shapira gave strength and encouragement to thousands in the Warsaw ghetto. A fragment of his teachings from that period are recorded in Eish Kodesh, a collection of derashot that he delivered in the ghetto to uplift the spirits of his brethren. He also left behind other works. R' Shapira survived the Warsaw ghetto uprising, but was killed in Treblinka on 4 Cheshvan 5704 (November 1943). "Fortunate you are, youth of Yisrael, and praiseworthy is your lot, [for] you have merited to study the Torah, Hashem's light. You have risen to the status of one with whom Hashem passes the time, the one whom He loves. Angels above are envious of you; they also hold you dear. Seraphim will wonder about you [i.e., how a human can achieve such holiness], and they will honor you. The heavens and their hosts, the earth and all that is in it, will rejoice, and they will subdue themselves before you. They ask each other, `Who is this young man from whose lips pillars of fire burn, in whom the Master of all worlds, lofty above all lofty things, takes pride before the multitudes of His servants, and with whom He rejoices'?"