[Par-lite] Parshat Shoftim, shiur #2

Wed Aug 15 15:46:05 EDT 2007

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
  In Memory of Rabbi Abraham Leibtag
 Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************

                 Parshat Shoftim - shiur #2

            'What defines what's right?''

    What's considered 'doing what is right in the eyes of God'
["ha'yashar beinei Hashem"]?  
    Sefer Devarim mentions this phrase several times, and assumes that
we'll understand what it means; yet the classic commentators can't
seem to agree on its precise interpretation.
    To illustrate this problem, our shiur begins with the final pasuk
in Parshat Shoftim - to show how if forms a rather meaningful
conclusion for its opening line!

INTRODUCTION
 The last nine psukim on Parshat Shoftim (21:1-9) discuss the laws of
"eglah arufa" - when the leaders of a community must perform a special
ceremony in the case of an unsolved homicide.
 Even though the first eight psukim describe the various stages of
this 'ritual' - the final pasuk is not its last stage, rather - it
appears to be some type of summary, or possibly even an additional
commandment.
 To verify this, review 21:1-9 - noting how the final pasuk is
different, and how it relates to the previous eight psukim. [Make not
as well of how you translated the word "ki" in 21:9!]

SUMMARY - OR NOT?  
 Let's begin with the JPS translation of 21:9, noting how it
understands this pasuk as a summary for the previous eight (by adding
the word 'thus'):
"Thus you will remove from your midst guilt for the blood of the
innocent, for you will be doing what is right in the sight of the
Lord." (21:9 / JPS) 
[Note similar translation in Rav Aryeh Kaplan's Living Torah, and in
the Jerusalem Bible ['so' instead of 'thus' - but all view this pasuk
as a summary.]

 In other words, after explaining all the various stages of this
ritual - the Torah concludes by informing us that it will work!
However, this explanation forces us to accept two conclusions:
1) That this "dam naki" [innocent blood] refers to the blood of the
"chalal" [the slain person/ see 21:1] - which requires some sort of
atonement, ideally with the blood of his murderer, but otherwise with
the blood of the "eglah arufa".  Without either, it seems that there
would be terrible consequences.

2) The phrase "ha'yashar beinei Hashem" refers to these specific
procedures of "eglah arufa" (as described in 21:2-8).  Hence, when you
have done them, the "dam naki" will be atoned.  

 The second conclusion is rather difficult to accept, for why would
this ritual of "eglah arufa" fall under the category of doing 'what is
correct in the eyes of God'?  Usually, this phrase of "ha'yashar
b'einei Hashem" refers to something in the realm of moral behavior,
but rarely ever to ritual.  [See Shmot 15:26, Devarim 6:18, 12:28 and
13:19.]
    But even the first conclusion is rather difficult to accept, for
the pasuk seems to imply some sort of new command - "v'ata t'vaeyr"
[You must get rid of...] - in contrast to summary.   Furthermore, the
last phrase of 21:8 -"v'nikaper la'hem ha'dam" [and (thus) they will
be atoned for the blood/ see Rashi] - in itself seems to be a summary,
and hence, there doesn't seem to be a need for an additional summary
in 21:9.

THE CASE ISN'T CLOSED!
 Most probably for either one or both of these reasons, Rashi offers a
very different interpretation, understanding the pasuk as an
additional command (and not a summary):
"[This pasuk] tells us that should they afterward find the murderer -
that he must still be put to death; and THAT is [what the Torah refers
to] as 'yashar b'einei Hashem'." (see Rashi on 21:9)  

 Rashi's commentary solves both problems, for it understands this
pasuk as an additional command - i.e. to continue to look for the
murderer - EVEN THOUGH the "eglah arufa" ceremony was performed; while
this 'continued search for the murderer' is referred to (and rightly
so) as 'what is correct is the eyes of God'.
 To summarize Rashi's approach, this additional pasuk is basically
coming to teach us that just because we have performed the ritual -
the case is not closed!  Instead, we must continue to pursue justice -
for that is what is 'correct in the eyes of God'.
[See English translation of 21:9 in Stone Chumash, which reflects (as
usual) Rashi's commentary, and how it differs from the other English
translations.]

PARTICULAR or GENERAL
 One small problem remains with Rashi's approach, in relation to our
understanding of the phrase "ha'yashar b'einei Hashem".  If we
consider the other times in the Torah where we find this phrase, we
find that it usually refers to a very general category of behavior -
more like a 'way of life' - in contrast to something specific.  For
example, after Bnei Yisrael cross the Red Sea and arrive at Mara, God
challenges the nation to follow him as follows:
"If you obey God, and do what is upright in His eyes [v'ha'yashar
beinav taaseh], and listen to all of His mitzvot and keep all of His
decrees..." (see Shmot 15:26)

 Earlier in Sefer Devarim as well, we find how this phrase is used in
a very general manner:
"Keep God's commandments, His 'eidot' & 'chukim' as He commanded you -
and do what is upright and good in God's eyes..."  (See Devarim
6:17-18)
   [See also Devarim 12:28 and 13:19.]

 Therefore, if we follow the more general usage of this phrase
elsewhere in Chumash, especially in Sefer Devarim, it would make more
sense if "ha'yashar beinei Hashem" related to a wider range of
mitzvot, relating to general moral behavior.

PREVENTIVE MEASURES!
 Most likely, it is this question that caused Ibn Ezra to offer an
alternate, and rather create interpretation.  After mentioning the two
approaches that we discussed above (i.e. either a summary or a command
to pursue the murderer), Ibn Ezra continues:
"But what seems correct in my eyes ['v'hanachon b'einei' - note his
clever choice of words!],  this relates to what I mentioned in my
commentary (i.e. in 21:7) that no murder at all would have taken place
in the land if [beforehand Bnei Yisrael had] acted in 'a manner that
is upright in the eyes of God'. -     following the principle of:
'schar aveira aveira u'schar mitzvah mitzvah' -  
the penalty for a transgression is another transgression, and the
reward of a mitzvah is another mitzvah."
  (see Ibn Ezra 21:9 / & 21:7)  

 Note how according to this interpretation, the phrase "ha'yashar
beinei Hashem" describes good behavior in general, and not any
particular commandment, just as it does earlier in Sefer Devarim
(6:18, 12:28 and 13:19).   

    Hence, there is no longer a need to explain this pasuk either as a
summary or as an additional commandment; rather Ibn Ezra understands
this pasuk as the Torah providing us with some 'good advice' - to
prevent this type of situation (that would require an "eglah arufa")
from occurring in the first place.

A GOOD TEACHER
 If we follow Ibn Ezra's approach, this finale pasuk to the laws of
"eglah arufa" follows a pattern that emerges throughout Moshe
Rabeinu's speech in Sefer Devarim.  Quite often, when Moshe Rabeinu is
teaching specific laws, he'll take a quick break to provide a
reminder, or some good advice - that relates to good behavior in
general, in relation to that specific mitzvah.
[If you'd like some examples, see  12:19, 12:28, 13:19, 14:2, 15:11,
16:12,16:20,19:10, not to mention all of chapter 8 thru 10 - note also
24:9, according to Rashi!  I'm sure you can find many more.]

HOW DO WE KNOW WHAT'S 'RIGHT IN GOD'S EYES'
 Before we conclude our short shiur, it is highly recommended that you
read the Ramban on Devarim 6:18, where he solves the problem of how we
are supposed to figure out what is considered "yashar b'einei Hashem".
[Note how (and why) he brings so many examples from Parshat Kedoshim!]

    It is also recommended that you see the Ramban on Devarim 21:5-8,
where he quotes the Rambam's explanation how the laws of "eglah arufa"
are not quite ritual, but rather a set of very wise steps to increase
the chances that the true murder will be found! 

 In conclusion,  note how the opening psukim of the Parsha command
Bnei Yisrael not only to appoint judges, but also insists that their
primary goal is to pursue justice and set a personal example of moral
behavior (see 16:18-20!).  With this in consideration, the final pasuk
of Parshat Shoftim (according to Ibn Ezra's interpretation) serves not
only as an appropriate finale for the laws of "eglah arufa", but also
for all of Parshat Shoftim!

       shabbat shalom,
       menachem 

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