Daily Dvar Torah
Jews Must Get Involved
The Torah discusses the subject of נערה מארשה, referring to an engaged, twelve year old girl. It was common in earlier times for a young girl to be married off by her father. The engagement period lasted for a full year.
Unlike today, where engagement simply means that there is an intent to marry, in ancient times, this engagement meant that it was as if she was married. If she willingly had relations with another man, she was an adulteress, and she could be put to death for her crime.
If she was taken against her will, only the attacker would suffer the death penalty.
There is a verse that describes this scenario. “And nothing shall be done to the maiden. She does not receive the death penalty. For just like the case where one murders his friend, so is it here.”
The puzzling part of the Pasuk, is the sudden introduction of a murder case. The Rabbis explain that the Torah is hinting to the law of “Rodef.” This refers to a situation where one is chasing another with the intent to kill. It is our obligation to do everything in our power, to prevent the murder.
The Torah is hinting in our case, that the law of “Rodef,” extends to the case of rape. If we witness a woman being chased by a potential rapist, we must do all we can to stop it.
The implications and connections to every word in the Torah, is fascinating. And we also learn an important lesson, that Jews must not stand idly by, when another Jew is in distress.
Lashes
There are several punitive measures taken in the Torah, to make it clear that there is accountability if these laws are violated.
It was up to the Jewish courts set up around the country to enforce these laws. The Torah believes in capital punishment, but rarely enforced it. This was due to many technicalities. But it was clear that there was great moral outrage to show the severity of these laws.
Only violations of the 365 negative commandments, carried with them consequences. The exception to this rule was the non offering of the Pesach sacrifice, and non performance of circumcision. These were the only two positive commandments, out of the 248, where a punishment was mentioned, and it was administered by the Heavenly court.
It is interesting to note that 207 out of the 365 negative commandments, were punished with lashes.
The Torah uses the words, אם בן הכות הרשע, “if the evil one is worthy of lashes.” The word, בן, is pronounced as “BEEN,” rather than, “BEN.”
The Baal Haturim says that בן, is short for the word, בינה, meaning, insightful wisdom. This refers to the care given by the court to be sure that the transgressor would not die from the lashes. They were given in multiples of three. The healthy sinner, would receive the full thirty-nine lashes, as prescribed by the Torah. The weaker ones could receive as little as three lashes, while others would be given according to the examination of the court doctor.
Reward and punishment is one of the basic principles of the Torah. While these laws apply only in a Torah society, studying its laws should impress upon us how we need to conduct our lives.
Safe House
The Torah encompasses every aspect of our daily lives. We are given directions in how we are to treat others fairly, and to have compassion on our animals. In every aspect of life, we are to act truthful and honest.
The home we build, must be built according to Jewish Law. We are to create a “safe house.” This means that we are to be certain that there are no physical hazards in our home. We are to build a fence on our usable roof. This includes having proper bannisters, if we have a multi-story dwelling. There must be a certainty that precautions were taken so that nobody will get hurt upon entering our home.
Aside from the physical precautions that must be taken, there also spiritual guidelines, when creating a home. Our home should be a place of warmth and love. People who enter, should be greeted warmly, and be made to feel welcome. The home should be filled with Torah and kindness, to the extent, that people feel can feel the positive energy.
I have walked into some homes, over the years, where you can immediately feel the tension. There is a great deal of negative energy, to the point that you want to get out of there as soon as possible.
The guidelines of the Torah, teach us how to make our homes safe on a physical level, as well as on a spiritual level.
Selfishness
There is a Midrash that speaks of the amazing rewards that will come to the individual who fulfills the Mitzva of שילוח הקן. This refers to sending away the mother bird, before taking its chicks or eggs.
If one did not have children, Hashem would give him children, in the merit of this Mitzva. Observing this Mitzva, hurries the coming of Mashiach and Eliyahu Hanavi.
The Avnei Ezel tries to explain why the reward is so great, for what appears to be a very trivial, and simple commandment.
He writes that the source of all evil in this world, that pertains to educating our children, and how people treat one another, comes from selfishness. An individual is not able to put aside his personal interests, for the benefit of the community.
Because of his obsession with money and honor, he may not be willing to go to the expense of giving his children, a proper Torah education. His ego causes him to be a person of strife, where he is constantly involved in conflict.
All of this comes about, because of selfishness, and not being aware that others may have more pressing needs. The Mitzva of Shiluach Haken, is a remedy for such selfishness.
The mother bird, is vulnerable to the desires of man. He could easily kill her to take her offspring. Instead, he shows compassion by sending her away. Her species will not become extinct, and she can start a family somewhere else. The conquering of selfishness is that which brings great reward, even to the extent of being given children, and bringing Eliyahu Hanavi and Mashiach.
Intellect Verses Emotions
The incident of the woman taken captive, known as יפת תואר, is very puzzling. The Torah speaks of a situation where Israel is victorious in battle. They take many prisoners after the battle.
Among these prisoners is a beautiful non-Jewish woman. She is available to any of her captors, and is willing to fulfill their wishes.
The Torah is not happy about what is likely going to transpire. The realization is that there will inevitably be, Jewish soldiers, who will not pass up such an opportunity. Therefore, certain rules were established regarding this woman. Relations were allowed only once, followed by a thirty day waiting period, where the captive would convert, and a proper marriage would take place.
The Rabbis use the expression, דיברה תורה כנגד יצר הרע, that the Torah spoke opposite the evil inclination. If there wouldn’t be these specific guidelines, he would take her anyways.
The assumption was that if a marriage did emerge, it was not likely to succeed. The attraction between the soldier and the newly converted captive woman, was based on lust and a physical attraction. They go as far as to say that the hated wife in the next section, was referring to this very woman.
There is a strong message here about human nature, and human strivings. We have a body and a soul, representing our physical and spiritual sides. The goal of every Jew, is to make his spiritual side, be guided by his Neshama, connected to the brain, and using his intellect.
This will allow to make wise choices that will have long term, positive effects. He will realize that Torah and acts of kindness, bring more joy than giving in to his physical, animal side. It is a battle, but it can be won with discipline and the proper priorities.
The Yefat Toar case, speaks of where the battle was lost. Passion and lust took over the person, and good judgement was left behind. We must win this battle ourselves and conquer the Yeitzer Hara, so that we can accomplish good in this world.
Jews Must Care for One Another
The case of the עגלה ערופה, the calf whose neck is broken, should be given greater attention. The focus should be on lessons learned, rather than the ceremony itself.
The ceremony of taking a calf near a specific river, in the presence of the elders of Israel, is difficult to understand. What we do know is that an impression must be made on the masses, for the tragedy of an abandoned Jew, who is brutally murdered by criminals.
There needed to be collective responsibility for not caring. When the body is found, they measure which city is closest to the corpse. They were the ones with direct liability for allowing this individual to leave their city without protection.
We must be reminded that the Jewish people are really a family nation. We must feel the pain of every Jew wherever they are. Jews must care about one another and be considerate of one another. This is known as Ahavat Yisrael, where we love every Jew.
In Masechet Shabbat, there are clear instructions as to how each specific city, had special charity funds to feed the poor. They also needed to make provisions for poor people passing through the city.
They needed to give food and lodging to a total stranger. When he continued his journey, he was supplied with food while he traveled. Such an attitude would prevent this sense of abandonment, and they would give directions to take a safe route, to avoid danger. In short, we clearly learn that Jews must care for one another.
Fearful Soldier Goes Home
When the Jewish people went to battle, they were given an inspirational talk by a special Kohein. He was known as the כהן משוח מלחמה, the Kohein anointed for battle.
He reminded the army that Hashem is in their midst, and He is fighting their battle with them. There were exemptions given to soldiers who have not yet completed their homes, betrothed a wife, or has not dedicated his vineyard.
The officers then announce that the soft hearted and fearful individuals, must not take part in battle. There are several explanations in defining this condition of simply being afraid.
The Torah itself gives the reason that such a person will harm the overall morale of the army. There is another explanation that the fear was the concern that he did not have enough merits, that would protect him in battle.
It is quoted in the name of Rabbi Akiva that this soldier needed to go home because he was faint hearted. He could not handle the sounds of the horses, and seeing swords drawn. It was simply too much for him.
A final explanation is from the Tosefta of Masechet Sotah. It refers to one who is a brave warrior and very strong, but he is overly merciful. His misplaced pity on the enemy, makes him a liability to the Jewish army. He must be sent home.
The key factor in succeeding in battle, was the trust in G-d that was needed. The ideal was to choose righteous individuals to fight on behalf of Am Yisrael. This would guarantee the greatest results.
Connect to Good
The Torah gives us clear instructions that we are to carefully obey the teachings of the Sanhedrin, the Rabbis, and the true prophets of Israel. Connecting to them, means a connection to what is holy and pure. They represent all that is good in the world.
The Torah contrasts this holiness to that which is the opposite. It is referred to as the צד הטומאה, the side of impurity, or in Kabbalistic terms, the סטרא אחרא, or, the other (dark side.)
The Torah gives examples of such forbidden practices. It gives examples of sorcery and witchcraft and trying to consult with the dead. Rashi referred to people who sleep in cemeteries, in order to get messages from those who have left this world.
The possibility of the “side of impurity,” being capable of doing supernatural things, is not negated. We are not to be swayed by such practices, as they are coming from a bad place.
In order for us to grow spiritually, and achieve happiness for that matter, is to remove all negative influences from our lives. King David said it clearly in Psalms, סור מרע ועשה טוב, “Turn away from evil and do good.” In order to do good in this world, we must separate from evil.
This idea must be taken seriously. We need to take a careful look at who we allow into our lives. If they do not have good character, are jealous, or are a negative influence, we must distance ourselves from such people; And this might even include some of our relatives.
It is very difficult to separate from the dark forces in the world. They are often hard to identify. But this should be a priority in our effort to get closer to Hashem and be connected to the good in this world.
Altar Sheds Tears
The Talmud in Masechet Sanhedrin, makes the statement that the מזבח, the altar, sheds tears, when a couple gets separated by divorce.
This is based on the dialogue between Avishag the Shunamite, and King David. We are told that David was always chilled, in his old age, and needed someone to keep him warm. This task was given to the beautiful Avishag.
The reason for David’s need of a “warmer upper,” was a punishment for his disrespecting King Shaul. He cut off a section of the king’s garment to show that he was loyal to the king, and could have killed him. Nevertheless, it was not a proper thing to do to the king of Israel. This was why, his garments did not keep him warm, in his old age.
Avishag was not satisfied with her secondary role, of keeping the king warm. She wanted David to marry her, so that she would have equal status with his other wives.
David told Avishag that he was unable to marry her, because the Torah allows a king a maximum of eighteen wives. She would be number nineteen, which was forbidden. She told David that if he divorced one of his wives, a slot would be available for her.
This is where David explained to her that divorce is a very tragic situation. Only when there was no alternative, was divorce permitted. Since he was happy with his eighteen wives, he could not divorce any of them. For the Mizbeach sheds tears when there is a divorce.
Ideal Society
The subject of a Jewish king, is very fascinating and perplexing. There is a clear contrast to the Torah’s description of a king, and that of the Prophet Shmuel.
The Torah describes a situation that when the Jewish people enter the land, they will ask for a king like other nations around them. When this happens, the king shall live according to the Torah’s guidelines. He may not have too many wives or horses, and he must carry the Torah scroll on his right arm.
There does not appear to be anything derogatory by making a request for a king. In the Book of Samuel, when this request is actually made, the prophet is furious. He is upset because the motivation of the people is to be like every other nation. They did not understand the true role of the king.
We all long for the coming of Mashiach, but did you know that the redeemer’s full name is, “מלך המשיח”? The ideal society of Israel calls for it to be “mostly democratic.” The limitations of this democracy, is that the majority cannot rule that they wish to change any part of Divine law.
The king, in a way, is meant to be a benevolent dictator, that has G-d given power, to overrule the wishes of the masses. In his exalted position, he must safeguard the Torah, and make sure that “the law of the land,” is the Torah.
He does this with the help of the Sanhedrin, but he is given a great deal of power. This is what we long for, when we pray for Mashiach. We yearn for a perfect society, where Hashem, truth, and justice reign.
This explains what has gone wrong with societies who emulate “democracy,” as the answer to all of its problems. There are no limitations as to what the majority might decide to change. They might legalize drugs, abortions, same sex marriages, or whatever their current democracy decides.
Because there is no monarch and no limitations, we end up with a breakdown of what is right and moral. There is chaos to the point where light is dark, and dark is light.
We must long for Hamelech Hamashiach, when we will witness the perfect society, as described in the Torah.
Oral Law
The proper way to teach Judaism to someone with a limited background, is to begin by making a picture of a mountain. The mountain would have two phrases, תורה שבכתב, and תורה שבעל פה, the Written Law and the Oral Law.
The mountain is Mount Sinai, of course, and this is where we began as a people. It is absolutely essential to accept that there was a revelation there, where every Jew was elevated to the level of prophecy, as they heard the first two of the Ten Commandments directly from Hashem. This is what makes Judaism both unique and Divine, as no religion ever began with several million people, hearing the voice of G-d.
It is equally important to accept and understand how the Writren and Oral Law are intertwined. We cannot truly understand the meaning of the Torah, without the Oral Law, that includes the teachings of the Rabbis, until today.
This is why one of the 613 Mitzvot is על פי התורה אשר יורוך, “According to the Torah that they will teach you.” Those who neglected the teachings of the Oral Law, and only followed the Torah literally, always failed. This has been proven throughout history, whether it was the Sadducees, Cuthites, Karaites, or Samaritans, they always remained on the fringe.
When one delves deeply into the Talmud, which the Maharal calls, “An exercise in the pursuit of truth,” he appreciates the special role played by the Rabbis in a practical application of the Torah.
We must remember the phrase that, “The Torah is perfect. Those who follow it are not.” But if there is a greater understanding of how the Written and Oral Law work together, more and more people will get it right.
Generosity
An important aspect of Judaism, is generosity. This is a character trait of the Jew, that he does acts of kindness.
The Rabbis tell us that we are not allowed to test G-d, with one exception. If we do our duty, and give ten per cent of our income to charity, we can challenge Him, to give back what we gave. This is almost a guarantee that one will never become poor from giving charity. It might even be a path where wealth will be achieved, because of our being charitable.
The Torah also commands us to forgive unpaid loans during the Sabbatical year. We are taught of the inevitability that there will be poor, and we shall surely open our hands to help them.
The Torah also notes how we are to part with our Hebrew slave, when he finishes his years of servitude. We must not send him away empty handed. We need to give him a gift, known as a מענק. This gift may come from the flocks, or your threshing floor, or your wine cellar.
We show our gratitude to Hashem, by using the abundant gifts that were bestowed upon us, to use to help others. Miserliness is a very ugly trait, and is uncharacteristic of how a Jew should behave. We are urged to be generous and show kindness to the less fortunate. If we do so, we will be blessed many times over.
Waiting for Mashiach
There is a verse in the Torah that describes the time when Hashem will eliminate the nations living in Israel. It follows with the words, וירשת אתם וישבת בארצם, “And you will inherit them, and dwell in their land” (דברים 12:29).
The Sifrei comments that from here we learn that the Mitzva of settling in Israel, is equal to all of the Mitzvot of the Torah. The simple explanation being that there are many Mitzvot that can only be observed in Israel.
It is interesting to note that the Torah Temima, who lived around 120 years ago, when Israel was desolate, brought up the argument between the Ramban and Rambam, regarding this Mitzva.
The opinion of the Ramban was that settling in Israel, is one of the 613 commandments, and applies at all times. The Rambam, as explained by the Torah Temima, said that settling Israel was applicable only before the Jewish people were sent into exile. But now that we are in Galut, this Mitzva is no longer applicable until the Mashiach comes.
Sadly, this opinion is still held by many religious Jews. But I wonder what the Torah Temima would have said, had he seen the miracle of today’s Israel.
I would like to think that his answer would be something like the following: The open miracles witnessed today, as well as the fulfillment of numerous prophecies, no longer places the Jewish people in the status of Galut, Exile. We are in the period of Mashiach, and every Jew needs to come home to Israel.
People need to allow their consciences to guide them to do what is right in the eyes of Hashem.
Ritual Slaughtering
We have been marveling at the commentary of the Baal Haturim all year, in these Dvar Torahs. It is amazing that an individual had such an incredible mathematical mind.
The rules of ritual slaughtering, known as שחיטה, are derived from the words, וזבחת כאשר צויתיך, “And you shall slaughter as I commanded you.” (This is also an indication that the specific details as to how to perform Shechita, were handed down from Hashem to Moshe at Mount Sinai.)
The Baal Haturim made the calculation that the Gematria, or numerical value of the words, כאשר צויתיך, is equal to the words, רוב אחד בעוף ורוב שנים בבהמה, that one majority is required by a fowl, and two majorities for an animal.
He is referring to what are known as the סימנים, or signs, for slaughtering. The signs are the trachea and esophagus of the animal. In the smooth motion of the Shochet, he must sever the majority of both signs, when slaughtering an animal, and a majority of one of the two signs, for a fowl.
The Baal Haturim possessed an amazing mind, that allowed him to both receive Divine inspiration to make the connection between the words of the Torah, and the specifics learned from these words.
All kinds of great things happen when an individual manages to disconnect from the material world, and connects to his Neshama, and the spiritual world.
Incitement
The Torah warns us to take great care in dealing with a deviant, known as, the מסית. It is interesting that the modern Hebrew word for “incitement,” is “Hasata,” which is a form of the word, “Meiseet.”
This evil individual incites other Jews to go astray, and worship false religions. He is a kind of missionary. He begins by trying to convince his family and close friends, of his great awakening, and tries to tempt them to “drink from the forbidden waters.”
It sounds very much like someone starting a cult, or new religion. Years ago I learned that successful cults are great at two things. They prey on lonely people, and profess to them how much they are loved, and they are generous with feeding their innocent souls. The combination of food and love, is often enough to win over large numbers of people.
The Torah tells us to be extremely tough in prosecuting these people. Mean judges should be appointed to handle their case. “Mean” is defined as older judges (grumpy old men) and childless judges. Their station in life, makes them intolerant of such a transgression. We are even taught that in other cases of capital punishment, if new evidence is found that could save the accused from execution, we go back to court, to hear this evidence. The exception to this rule is the מסית. Once he is convicted, the decision is final. The Torah specifically tells us not to have pity on them.
This is certainly a lesson for us. We must not tolerate missionaries and cults, in the holy land of Israel.
Limitation of Where to Sacrifice
There is a reference in Parshat Re’eh to two important terms in Judaism. One is called היתר במות and the other is הוראת שעה. This is connected to the location where sacrifices may be offered.
The term Heter Bamot, refers to a brief period in our history when there the Mishkan and Beit Hamikdash were not in operation.
From the time the Jewish people entered Eretz Yisrael, the Jewish people worshipped Hashem either in the Mishkan or in the Beit Hamikdash. The Mishkan was referred to as a portable Temple, that was originally built in the desert. In Israel, it was in Nov and Givon, for a certain period, and mainly in Shilo, for 369 of the 480 years, before Solomon’s Temple was built.
The Heter Bamot applied during the brief interim period, where both the Mishkan and the Beit Hamikdash were not functioning. Only then, was it permitted to build private altars where free will offerings could be offered.
The Hora’at Sha’ah, is the situation where permission is granted to a prophet, to violate the Torah, for the sake of saving the Jewish people. This happened once in the days of Eliyahu Hanavi, where he had a confrontation with the false prophets of Baal. Jewish survival was at stake, and he used this special, emergency leniency, to offer a sacrifice on Mount Carmel. He needed to show the truth of Hashem’s Torah, by having a fire come from the sky, and consume his sacrifice.
The reference to these two terms of היתר במות and הוראת שעה, was to emphasize the importance of having one central place of worship for the Jewish people. We know what happens when there is a splintering of our people, and each does what is “right in his own eyes.” Jewish Unity is essential for the strength and success of Israel.
Closeness to G-d
One of the most basic concepts of Judaism, is the need and desire to feel Hashem close to us. If we feel this closeness, we feel His constant protection, and we gain peace of mind.
In Parshat Re’eh, this point is made very clearly. G-d places before us, a blessing and a curse. The blessing comes, when we fulfill His commands. The curse comes, when we do not listen to the word of G-d.
Another way of expressing this idea, is also very basic. When we perform a Mitzva, especially one that required a great deal of effort and will power, we are brought closer to G-d. When we transgress the Torah, because of our haughtiness or weakness, the result is that we become more distant from Him.
This is why the Rabbis say that the reward for a Mitzva, is the Mitzva itself. And the punishment for an Aveira, transgression, is the Aveira itself. This is because these actions either bring us closer to G-d, or farther away.
If we read תהילים, the Book of Psalms, we see how much King David longed for this closeness. He said that there is one thing he asked. That is, to dwell in the House of G-d, all the days of his life.
It is the way of the Mussar books to state the obvious. Human nature often allows us to overlook the obvious. Closeness to G-d, is a very strong need for every Jew. The performance of Mitzvot, is the vehicle that will get us there.
Mitzvot Observed in the Land
There are four different places in the Book of Devarim that emphasize that the Mitzvot were meant to be observed in Eretz Yisrael.
In Chapters four, five, six, and twelve, the same theme is repeated. In each instance, Moshe is discussing the various commandments of the Torah. And each time, the wording is that these Mitzvot shall be observed in the land. On two occasions, the wording is, לעשות בארץ, “to do in the land.” Another time it says, לעשותכם אתם בארץ, that also means, to observe them in the land. And the fourth time, the wording is simply, ועשו בארץ, “they shall do it in the land.
What is clear from these four examples, is that G-d’s intention was for the Torah to be observed in Eretz Yisrael, and many Mitzvot could only be observed in the land.
This is the background to the famous Midrash based on the words from the second paragraph of Shema, ושמתם אותם, and you shall place these words (on your heart.)
The Sifrei writes that Hashem said to Israel: Even when you are in exile, you shall be excellent in the observance of Mitzvot, so that when you come back to the intended place of observance, they shall not appear as new to you.
This would indicate that the observance of Mitzvot outside of Israel, are just for practice. It also implies that it is a highly unnatural state for Jews to even be outside of Israel. In a normal, natural state, the Torah was the law of the land, and it was meant to be observed only in Eretz Yisrael.
Fear of Heaven
The Torah gives very strong emphasis to the importance of יראת שמים, loosely translated as “fear of Heaven.” Moshe Rabbeinu stated this very clearly when he asked, “What is it that Hashem asks of us, but ליראה אותו, “to fear Him.”
Many of the greatest Jews understood the importance of יראה. Men like King David and King Solomon echoed this point.
Perhaps one of the greatest compliments that one can receive, is to be called a ירא שמים, one who fears G-d. This means that all of his actions are motivated by doing what is right in the eyes of Hashem.
The Orchot Tzaddikim mentions three levels of Yirat Hashem. The first is really more fear of man, than fear of G-d. He goes through the motions of serving G-d, when in reality, he does everything to impress others.
The second level is more fear of punishment than fear of Hashem. Such an individual is in a state of trepidation that he might be guilty of the consequences of sin, mentioned in the Torah.
The ideal form of Yirat Hashem comes from a person whose soul is bound deeply with Hashem. He possesses a passionate love to go with this fear, that can never allow him to act improperly in all of his dealings with his fellow man and G-d.
We must work hard to attain this יראת ה׳, as it is an extremely valuable character trait. If you have it, you will be loved and respected by your peers, and your actions will be pleasing in the eyes of Hashem.
Blessing Obligations
A great deal is learned in Halacha, from the words, ואכלת ושבעת וברכת, “You shall eat, be satiated, and bless.” The obvious reference here is that the reciting of Birkat Hamazon, Grace After Meals, is a Torah commandment.
It is derived from these words, situations where one can help another fulfill the Mitzva of making a blessing, simply by answering Amen to another person’s blessing.
This can be done, when the two individuals have an equal obligation to recite that Bracha. The Shulchan Aruch writes that because women have the same obligation to hear the Kiddush on Friday night, a woman can recite the Kiddush, and her husband fulfills his obligation by answering אמן. ( The Minhag is that women do not recite Kiddush for men, but, technically, they can.)
Women have the same obligation to hear the Megilla as other women. The obligation for men is slightly different, as there is a command for men to read it, as well. Therefore, women can read the Megilla for other women, but not for men.
There is a little known Halacha, that says that a boy, before the age of Bar Mitzva, can recite Birkat Hamazon for his father, who fulfills the Mitzva by way of his minor son.
This takes place only when the father has not eaten the required amount of food to be satiated. Like his son, his obligation to “Bench” is only rabbinical. His son is practicing for his adult obligation, which makes his Benching, rabbinical.
Since they both have equal rabbinic obligations, the son can be “מוציא”, have his father fulfill his obligation, by way of his son.
These, and many other Halachot, are learned from the words, ואכלת ושבעת וברכת.