Torah’s PunitiveSystem

We have a principle in Jewish Law that we do not give more than one punishment for a particular offense. If lashes are called for, as they are in 207 instances in the Torah, the sinner will only get lashes.

If it is a case where there is monetary fine that is imposed, that would be the only penalty. The same would apply where the death penalty was issued. That would be the only punishment.

There are two exceptions to this rule. The first applies in the theoretical case of the rebellious son. He first gets lashes, and is later put to death.

The other exception is the case of מוציא שם רע, bringing a bad name on one’s wife. The husband lies about his new bride, claiming that she was promiscuous when they were engaged. He is trying to find an easy way out of the marriage, by trying to avoid living up to his obligations in the Ketuva.

In this situation, pays a fine of 100 silver, which was a very large sum of money, and he gets lashes.

We see how damaging words can be, and often it is irreparable damage. His treachery has cost great embarrassment to the father of the wife as well as the wife herself. The Rabbis say, מלקות לזה ותשלומים לזה, “Lashes to this one, and payment to this one.” The father receives the payment because of the shame.

The Halachic system is set up in a way that the punishment fits the crime. But in the case of the rebellious son, we see the severity of disrespect to one’s parents. And in the case of מוציא שם רע, we see the severity of ruining a person’s reputation and good name. In these cases, one punishment is not enough. A sense of moral outrage must be expressed to these particular cases. People need to learn how to behave.

Kindness to Animals

There are many laws taught in the Torah that demonstrate how we are to be considerate of other Jews.

There are laws involving the care of our neighbor’s animals. We must return them if they get lost, and we find them. If the animal falls because it is carrying a heavy load, we must help pick up the animal, and help it reload.

We must not muzzle the ox or donkey while they are at work for us. They are allowed to eat what they find, while working. We are taught to show compassion to the mother bird, and not remove its eggs or chicks, while she is present. We send away the mother bird as an act of compassion.

Many are not aware of the laws related to the prohibition of צער בעלי חיים, causing pain to living things. These are an integral part of the 613 Mitzvot, and should not be taken lightly.

This is what helps make the Jewish people, a nation that does acts of kindness. They are shy and do acts that demonstrate great compassion. This is what sets us apart from the nations of the world. It is because the Torah goes into great detail in giving us laws that mold us, and turn us into a unique nation among the nations of the world.

Immediate Burial

We learn about the dignity and respect that we are to have for the dead, from the law of the criminal who is hanged after being put to death by the court.

The Torah tells us that this person should be buried on the same day. His body shall not be left overnight. This is a reminder that, “Man comes from the dust, and returns to the dust.”

It is considered highly disrespectful to delay the burial of a loved one. In Kabbalistic terms, when the soul leaves the body, there is a longing on the part of the body, to return to the earth as soon as possible.

The Chevra Kadisha, the Burial Society, gives what appears to be unusual instructions, if the tragic event of a loved one passing away, takes place in that person’s home. They will instruct the family to place the body on the floor, and not leave it in its bed. We are fulfilling the wishes of the deceased to bring him closer to earth.

Those volunteers who deal with the ritual washing of the bodies, are very saintly people. I have told students for years, that if they are moving to a new city, find out who volunteers for ritual washings of the dead. These are the people you should choose as your friends.

It is also interesting to note that those individuals involved in the actual burial, ask the deceased for forgiveness, in the event that they were not treated with the utmost respect.

These Mitzvot are very difficult to fulfill, and there’s nobody to say thank you. But it is one of the highest Mitzvot because of this. We must diligently follow the burial laws just as we would follow any other Mitzvain the Torah, no matter how easy or hard it is to fulfill.

Proper Education

The case of בן סורר ומורה, the rebellious son, teaches us a great deal about educating our children. The actual case never happened, but there is a great deal to be learned from it.

The parents of this difficult son, bring him to the elders of his town. They explain that the boy is incorrigible. He is a glutton and a drunkard, and he’s only thirteen years old.

The key words from this incident, come from the words, איננו שומע בקולנו, “He does not listen to our voice. We learn from here that both parents must be of the same voice. They are in total agreement as to how to raise their child. They are of one voice.

The Talmud elaborates on this and says that in order to execute the rebellious son, one parent cannot be more imposing than the other. Even their actual voices should be similar in addressing their child.

There was a great line from the movie “Parenthood.” ‘You need a license to drive a car. You need a license to fish. But any idiot can be a parent.’

There is a section in the Shulchan Aruch called “Chinuch Habanin.” It gives guidance to parents and educators as to how to influence young people. We must teach values, and the merit of living a life of Torah and Chessed.

But when all is said and done, the most important educational tool, is to set the right example. Our children are watching our every move. They can see if their parents are sincere and are of “one voice.” Perhaps this is what was lacking with our rebellious son. His parents didn’t work hard enough to set the right example. Their son noticed their hypocrisy and phoniness, that may have led him astray. Parenting is very hard work, and this is the only way we will succeed. It is a difficult task, but critically important for the future of our people.

G-d Fights Our Battles

The Torah describes the two types of wars that the Jewish people will fight upon entering Israel. The first discussion relates to the Milchemet Reshut, permissive war, and the laws that go with it.

Initially, there is a call for peace with specific options. They can elect to leave the Land of Israel and never come back. They can make peace and live in Israel as Ger Toshav, resident stranger, and observe the Noachide Laws, and remain. They could also choose war, which they will lose.

This applies to residents of cities that are distant from you. But regarding the seven nations living in your land, there is only the obligation to utterly destroy them all. They are pure evil and we must not learn from their evil ways. This battle is called, Milchemet Mitzva. We are doing a merciful act by eliminating this evil from the face of the earth.

It is interesting to note that when these wars are fought, it is a given that we will be victorious. The reason is because Hashem is fighting the battle with us.

It should be reassuring for us to know that when we are forced to fight our enemies, Hashem will make certain that we will succeed. We are not promised the number of casualties that we might have to sacrifice.

The most important thing we can do during times of war, is to recognize that the victory is His. This will help speed up the battle with less casualties and a swifter victory.

Scheming Witnesses

The justice system of the Torah requires that we depend on the testimony of two upright witnesses to help find the guilty party in a dispute or financial matters.

We are to interrogate the witnesses to be sure that they are telling the truth. This seems to be the best method to get to the truth and find out the facts.

The Torah warns of the possibility of scheming witnesses, known as עדים זוממים. They are to be punished by giving them the penalty they wished to place on their friend.

For example, if these witnesses lied and said that someone damaged another person’s property on a particular day, and the damage was assessed at a thousand dollars.

When two other witnesses come and contradict them by saying that they could not have witnessed that incident. The two sets of witnesses were together in another city at that time.

The scheming witnesses will pay the thousand dollars instead of the friend they tried to frame.

The Gemara lists two exceptions where the Eidim Zommemim get lashes instead of their intended scheme. One example is where they testify about a Kohein that he is not a legitimate Kohein because his mother is a divorcee. They can’t make the lying witnesses invalid Kohanim. Instead, they get lashes.

Similarly, if they testify that someone committed a crime that would send him to a city of refuge, we would not send the scheming witnesses to a city of refuge. Instead, they would get lashes.

The Tanach describes the evil Queen Jezebel who hired scheming witnesses to testify against Navot, that he was deserving of the death penalty. After she succeeded, Eliyahu Hanavi came to her husband, Achav, and said those famous words, הרצחת וגם ירשת, “Did you murder and also inherit?”

The laws of testimony are very interesting, and demonstrate the Divine wisdom of the Torah.

Perfect Trust in Hashem

According to the Rambam, no less than fifty-one out of the 613 Mitzvot are related to עבודה זרה, idol worship. All of these laws are based on verses in the Torah.

Included in these laws, are all forms of witchcraft and sorcery, and contacting the dead. There is a death penalty connected with anyone who is found guilty of practicing idol worship.

The Torah ends one section that describes these types of sorcery, by telling us to be תמים תהיה עם ה׳ אלוקיך, “Have perfect trust in the faith of the Eternal, your Al-mighty.”

These laws have specific relevance today in a world of psychics and faith healers. The role of certain rabbis claiming to have special abilities, also needs to be addressed.

There are those who claim that as we are getting closer to the Messianic era, these spiritual powers are returning. And there definitely are some very holy rabbis that are able to see and feel things that others cannot.

The rule of thumb should be to do a thorough search before getting involved with these “Mekubalim” and spiritual healers. Who are the followers of these people? Where do they claim is the source of their abilities? What is our purpose in going to them?

We are not supposed to go to people who predict the future. And we are not to look to these people as replacements to serving Hashem.

If we see that such relationships do not increase our connection to Hashem, it is a sign that something is wrong. We should also examine the spiritual level of the healer.

I had the privilege of getting close to the great Tzaddik, Rabbi Elazar Abuchatzeira, of blessed memory. People came daily by the hundreds from all over the world, to seek his counsel. While being in his presence, you could feel the saintliness coming from him. He was the real deal and there are documented stories to prove it.

The Torah demands of us to take great care in this area. We must never forget that it is Hashem that we must serve with perfect trust.

It’s Not You It’s Me

George Costanza from Seinfeld did not invent the break up line, “It’s not you, it’s me.” It is actually found in the Book of Samuel, when the prophet expresses his deep regret that the people were seeking a king, just like the nations of the world.

Hashem’s reply to Shmuel was, “It’s not you, it’s Me.” He explained that the lack of faith of the people was a direct rebellion against Him, and not the prophet.

The irony of the story is that the Torah had already given rules related to the king. This incident occurred much later. The problem was the motivation of the people. Had they been interested in a king to lead them both spiritually and practically, it would have been okay. But their request showed a lack of faith and lack of the realization of the uniqueness of the Jewish people.

In an ideal society we will be led by a king who will pursue justice and uphold the Torah. He will have the Torah with him on his right arm, to remind himself to stay humble. He will be a true leader of the Jewish people.

Many forget that our longing for Mashiach really means longing for המלך המשיח, the King Mashiach. I once saw a Torah that a wealthy Jew spent $250,000 to have written for the right arm of the Mashiach.

In Samuels’s time, the people didn’t get it. They didn’t understand the lofty idea of having a righteous king rule the people. This is why Hashem preceded George Costanza. The longing for Mashiach really represents a longing for the king who will bring peace and justice to Am Yisrael.

No Bribes

The Torah emphasizes the importance of having honest judges in our courts. The effect they have on the community is very great.

There is a rabbinic saying that says, “The sword comes into the community because of corrupt judges.” It is very disheartening when one lives in a place where he doesn’t believe that he can receive a “fair shake,” if he ever needs to go to court.

Specifically, the warning focuses on the taking of bribes. If a judge can be bought with being paid off, the justice system falls apart.

The word in Hebrew for bribe, is “Shochad.” The Torah explains that שוחד is so serious that it blinds the eyes of the wise and distorts the matters of justice.

The idea of taking bribes is not limited to the Beit Din. We are all tempted with situations or individuals that tend to “bribe” us with false promises or playing on our emotions.

We may be bribing ourselves by allowing ourselves to pursue comforts and money, believing that this is going to bring us happiness.

This warning of bribes is followed by the Pasuk that tells us, צדק צדק תרדוף, that we are to pursue justice. We must not allow ourselves to get off course and pursue paths leading nowhere.

We must have a clear mind to carefully analyze all of our pursuits. We need to see the “Nolad,” to look ahead and see what the likely outcome will be.

There are numerous prophecies that warn us that we must not have a false sense of security. We must not be bribed by our homes that are filled with plenty, or the abundance that we have. We must never forget what is important and lasting, and what is foolishness.

The Torah’s warning against taking bribes is one that must be taken seriously. If we allow bribes to influence us, the outcome can be catastrophic. We must aggressively pursue truth and justice.

The Rabbis and the Oral Law

One of the most basic teachings given over to a student who wants to learn about Judaism, is the understanding that the Written Law and Oral Law were both given on Mount Sinai.

The Written Law refers to the Five Book of the Torah. The Oral Law is the interpretation and implementation of the Written Law, as well as the authority given to the Rabbis in preserving the Torah’s teachings.

The Maharal explained this beautifully in his book, “Be’er Hagolah.” All of the decrees, safeguards, fences, and customs that were instituted by the Rabbis throughout the generations, are part of the Oral Law.

In actuality, they truly reflect the will of G-d. This will is meant to be expressed at the proper time and place, by the sages of that generation.

The point to be made is that the Chachamim (wise men) and the Tzadikim (righteous men) are the embodiment of the Torah She’beal Peh, the Oral Law. Their role is to take the will of Hashem from the abstract to the practical.

It is essential that we respect and not minimize the roles of the Rabbis in each generation. It is not only the fact that they are our guides and teachers. Following them, is an acceptance of this basic principle that both the Oral and Written Law, were given on Mount Sinai.

A Tenth to Charity

The Torah gives the command of tithing all of our produce. This is called, “Ma’aser.” There is another type of Ma’aser, known as, “Ma’aser Kesafim,” where we are expected to give a tenth of our income to charity.

We are taught that this is one area where we are allowed to test Hashem. If we are diligent in this Mitzva, we will be wealthy. We will never become poor because of the Tzedaka that we give.

There are many details involved in the application of this Mitzva. There are many “deductions” that may come off of our Ma’aser Kesafim. And there could be instances where we were careless by giving beyond our means.

What is crucial to the observance of this commandment, is the ability to develop a generous heart. Giving to others should not be viewed as a burden, but a joy.

It should bring a smile to our faces when we realize how we made someone else’s life a little easier. Compassion and kindness are attributes of the Jew. Sometimes these traits need to be learned so that it will come naturally to us.

There are many people that are going through difficult times. It may be more than just financial difficulties. This is why possessing the character traits of feeling another’s pain, and giving encouragement and understanding are also aspects of charity.

The word מדקה comes from the word, צודק, to act correctly.

It is our duty to give our Ma’aser Kesafim. But it is also our duty to show kindness and compassion to everyone.

Deviant Behavior

The Torah describes three different types of deviant behavior that we must recognize and expose. There is the false prophet, the one who incites, and the condemned city.

The false prophet or נביא שקר, represents the charismatic leader who is really a demagogue. People may seem him as a visionary or statesman. They must be smart enough to see through him, and realize that his agenda is not for the sake of Heaven. He must be exposed and destroyed.

The one who incites is usually a relative or close friend. Because of this closeness, his heretical ideas are given credibility. He convinces his family and friends that they should consider his enlightened viewpoint. The reality is that listening to him will turn him away from the Torah.

The condemned city, or עיר הנידחת, refers to a person who is swept away by the attitudes of the masses. He is a follower and not a leader. The ideas that are expressed are not Torah and must be shown for what they are; complete nonsense.

Society today presents us with many obstacles that could easily allow us to go astray. We must beware of the demagogues and those who incite. And we must not blindly follow just because others are doing it.

Spirituality of the Vegetarian

The Torah explains how permission was granted to eat meat, even when it was not part of a sacrifice. It is described as בשר תאוה, “meat of lust.”

The מעינה של תורה analyzes the difference between Adam and Noach. Some may have thought that Noach was on a higher level than Adam, because he was allowed meat and Adam was a vegetarian.

This was just the opposite. Adam was created directly from G-d and was very holy. The satisfaction that others got from meat, he got from vegetables. It was similar to the Manna that could taste like anything the person wanted.

This might indicate that the need for meat comes from a less spiritual need. The realization that most people could not reach the level of Adam, called for the laws of ritual slaughter and permission to eat meat whenever desired.

Perhaps this should cause us to be more respectful of our vegetarian friends, who may be on a higher spiritual level, than we realized.

Removing Abominations

There is a commandment in the Torah that upon entering Eretz Yisrael, we are to utterly destroy all places of worship to false gods.

The Land of Israel was given as an inheritance to the Jewish people. It is meant to be the place where Mitzvot are observed, and a close bond with Hashem is created.

Symbols of idol worship are clearly a blemish and detracts from this holiness. It is understandable, that it is necessary for the day to come, when such symbols would no longer exist.

The Rambam in Hilchot Melachim, has a section that was censored in many versions. He wrote that although it was clear that the religion of Islam and Christianity were false (this is why it was censored), he preferred that these religions be observed as opposed to paganism.

He felt that these two religions had a concept of Mashiach. This was important because it would make it easier for them to accept our true Mashiach when he comes.

Although it might be painful for us to see places of Avoda Zara in Israel, we must be patient and respectful of other religions, until Mashiach comes and removes all defilements in our land.

Loud Curses

The Torah describes a ceremony that took place by the mountains of Gerizim and Eival. Six tribes stood on each mountain. The Levites recited the blessings for observing the Torah on Mount Gerizim and the curses towards Mount Eival.

This must have been an awesome experience to have witnessed such a ceremony. It was clear to all of the Jewish people, that they were expected to abide by the dictates of the Torah.

The Midrash Tanchuma adds a strange comment by saying that just as the blessings were recited in a loud voice (בכל רם), the curses were likewise to be recited in a loud voice.

The explanation of this statement was to teach a lesson in human nature. When it comes to giving praise to an individual, it is done loudly and openly. When it comes to rebuke, it is generally done quietly, in order not to embarrass that person.

The message here is that bad behavior and acting in an improper way, sometimes needs to be “shouted out.” People need to be clear that there is a definite right and wrong in this world. This needs to be made clear so that there is no condoning or accepting evil. When something is wrong or against the Torah, it must be explained loud and clear so that there is no confusion.

This was the ceremony at these two mountains. It was a clear clarification of what is good and holy in this world, and what is not.

Making the Right Choices

Moshe Rabbeinu presents a simple option to the Jewish people. There are two paths that a person can take. He can choose the blessing or the curse.

The blessing is to listen to the voice of G-d. The curse comes from not listening to the voice of G-d.

It almost sounds too good to be true. All that is necessary in this world to find peace and happiness is to cleave to Hashem. Blessings will flow from such a choice. Curses will come to the one who abandons Hashem and the Torah.

I have just completed a visit to Los Angeles. It is interesting to observe the general population and the religious community, in particular.

The impression that I had is that people are lost and are seeking direction. The secular and non-Jewish are thirsting for some meaning and spirituality. The religious are confused because they are no

longer able to feel that they have it all, because of the undercurrent of anti-Semitism. Despite their fulfillment of the rituals, something is missing.

All of this was predicted by the Prophet Amos. “Behold days are coming when there will be a famine in the land. It will not be a famine of bread and water. But it will be a longing to hear the word of Hashem.”

The period of godlessness in the world, is now over. There is a realization that secularism is not providing any lasting meaning. The quest to do “whatever makes you feel good” is not working. Fighting racism or global warming does not provide any real meaning or contentment.

People need to make the simple choice as clarified by Moshe Rabbeinu. Choose the blessing over the curse. Choose life over a life of emptiness. Choose the Torah and its commandments over meaningless pursuits and the curse that comes with them

Mitzvot Just For Practice

One of the themes of the Book of Devarim is that the Mitzvot were meant to be observed in the Land. On numerous occasions, we find this reference that the word, בארץ, “in the land,” is mentioned over and over again.

The Sifrei makes this point so strongly that he writes that the only reason the Mitzvot are observed outside of Eretz Yisrael, is for practice. “Be excellent in the observance of Mitzvot, that they should serve as markers for you to find your way back.”

This is similar to someone on a long hike. He makes markers along the way, so that he will be able to retrace his steps, and be able to return to his original destination.

The same is true of the Torah. The original destination is Israel. This is the intended location where Mitzvot are observed. It is unnatural for a Jew to be outside of his natural domain.

One must also take into account that there are numerous commandments that can only be observed in the Land of Israel.

Some say that this was the main reason that Moshe Rabbeinu longed to enter Eretz Yisrael. He did not wish to be deprived of the possibility of observing the entire Torah.

We need to get back to the basic principles of Judaism. One of these principles is the central role that Eretz Yisrael plays in Jewish life. The three pillars of Am Yisrael, Torah Yisrael, and Eretz Yisrael, work hand in hand. This is why Mitzvot outside of Israel are just for practice.

Human Nature

The Rabbis teach us that human nature is such that many points that should be obvious, are not. Therefore, they must be repeated over and over again, so that the obvious is not forgotten.

An example of what should be obvious is a statement made by the Rabbis that says, אין אדם מורד בהקב״ה אלא מתוך שביעה, “An individual only rebels against Hashem, when he is filled up.”

This means that the most likely time that a person will forget G-d, is when he feels that he has all of the material pleasure that he needs. Since everything is going so well, he foolishly believes that this abundance comes from the work of his hands. He has no need to pray or rely on Hashem, for he doesn’t need Him.

One must avoid this pitfall and not be one who only turns to G-d in time of need. Such a person will have a more difficult time finding favor in the Al-mighty. He will have to rectify the situation of the times when he abandoned Him.

We are witnessing this situation in the Diaspora today. The global rise of anti-Semitism, is removing that sense of complacency and smugness that has existed for many decades. Many Jews “went through the motions” of religious observance, but felt much too comfortable and sure of themselves. They had plenty of money, beautiful houses and cars, and all of the comforts that one could only dream of.

Now, reality has set in. The “welcome mat” for Jews in many countries of the world, is not as welcoming as before. Jews are learning the hard way that this false sense of security, is truly false. Now that the smugness and complacency is removed, Jews will this obvious lesson, and realize that we have no choice but to rely on the G-d of Israel.

Human Nature

The Rabbis teach us that human nature is such that many points that should be obvious, are not. Therefore, they must be repeated over and over again, so that the obvious is not forgotten.

An example of what should be obvious is a statement made by the Rabbis that says, אין אדם מורד בהקב״ה אלא מתוך שביעה, “An individual only rebels against Hashem, when he is filled up.”

This means that the most likely time that a person will forget G-d, is when he feels that he has all of the material pleasure that he needs. Since everything is going so well, he foolishly believes that this abundance comes from the work of his hands. He has no need to pray or rely on Hashem, for he doesn’t need Him.

One must avoid this pitfall and not be one who only turns to G-d in time of need. Such a person will have a more difficult time finding favor in the Al-mighty. He will have to rectify the situation of the times when he abandoned Him.

We are witnessing this situation in the Diaspora today. The global rise of anti-Semitism, is removing that sense of complacency and smugness that has existed for many decades. Many Jews “went through the motions” of religious observance, but felt much too comfortable and sure of themselves. They had plenty of money, beautiful houses and cars, and all of the comforts that one could only dream of.

Now, reality has set in. The “welcome mat” for Jews in many countries of the world, is not as welcoming as before. Jews are learning the hard way that this false sense of security, is truly false. Now that the smugness and complacency is removed, Jews will this obvious lesson, and realize that we have no choice but to rely on the G-d of Israel.

Fear G-d and Not Man

In Moshe Rabbeinu’s final talk to the Jewish people, he addresses the potential problem of being overwhelmed by the mighty nations surrounding Israel.

He tells them that if they ever feel that they are not capable of subduing these nations, they must be reminded not to be afraid. Hashem is in their midst, the great and awesome G-d.

On this point, the “Duties of the Heart, makes an interesting observation. When it comes to the obligation to love Hashem, this love is not diminished, when man shows love towards his fellow man.

This is not the case in connection with fearing G-d. If this individual fears man as well, it is a sign that he really does not have fear of G-d.

If one possesses true fear of Hashem, he will not be capable of fearing one of His creations. This is why Moshe tells the nation not to be afraid of their potential enemies. If their fear of Hashem is intact, they will be certain of His protection. There will be the realization that no force on earth is capable of threatening the G-d of Israel.

If we give in to fear, it is a sign that we need to strengthen our יראת שמים, fear of Heaven. If that fear is strong, then sirens, and threats from our enemies will not move us. We will feel confident of this Divine protection.

This is especially true for us, when we have witnessed so many blatant miracles. There should be no doubt that Hashem is fighting our battle, and we have nothing to fear at all.