[Par-lite] Kedoshim - additional shiurim
Menachem Leibtag
tsc at bezeqint.net
Thu Apr 24 11:17:38 EDT 2014
*********************************************
****************
THE TANACH STUDY CENTER
[http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem
Leibtag
*********************************************
****************
PARSHAT KEDOSHIM -shiur #2
THE HEADER / KOL ADAT YISRAEL
Does the name 'EDAH' imply something
'good' or something
'bad'? Even though EDAH carries a negative
connotation in the
story of the spies in Parshat Shlach, in the
opening pasuk of
Parshat Kedoshim it seems to imply something
very positive.
In the following shiur we suggest a
thematic connection
between the word EDAH and the first half of
Parshat Kedoshim
(i.e. chapter 19).
INTRODUCTION
In contrast to most parshiot in Chumash
which begin with
the standard header:
"And God spoke to Moshe saying, speak to
BNEI YISRAEL..."
Parshat Kedoshim adds a short but important
phrase:
"And God spoke to Moshe saying, speak to
KOL ADAT Bnei
Yisrael... - to the entire congregation of
Israel" (19:1-2).
This special header indicates that there
must be some
specific reason why this parshia was given to
KOL ADAT YISRAEL
-i.e. to the entire EDAH - congregation of
Israel. [Note that
ADAT is simply the 'smichut' form of EDAH.]
Rashi, quoting the Midrash in Torat
Kohanim, explains
that specifically this parshia was given to
the 'entire
congregation' because it includes most of the
basic principles
of the Torah ['rov gufei Torah tluyin bah'].
[See also
Chizkuni (19:2) who quotes a similar Midrash
Tanchuma.]
Even though Rashi explains why it was
necessary for Moshe
to relay these mitzvot in a special
gathering, he does not
explain why specifically the word EDAH is
used! In other
words, the Torah could have simply said:
speak to KOL Bnei
Yisrael (ALL of Bnei Yisrael / see Devarim
1:1), or could have
used the Hebrew word KAHAL instead of EDAH,
which would have
been a more precise way to describe a
gathering.
Therefore, the Torah's choice of the
word EDAH suggests a
connection between the mitzvot of Parshat
Kedoshim and the
word EDAH. To find that connection, we must
consider its
etymology.
The Hebrew word EDAH stems from one of
two possible
roots:
1) ayin.daled - which implies to AFFIRM or
TESTIFY
[e.g. the word EID= a witness; EDAH= a
female witness]
2) yod.ayin.daled - which implies to APPOINT
or to DESIGNATE
The first root would imply that Am
Yisrael, when called
an EDAH, serve as sort of a WITNESS, while
the second root
would imply that they have been APPOINTED for
a certain
purpose. How would either or both
explanations tie into
Parshat Kedoshim?
From the opening commandment of Parshat
Kedoshim, one
could suggest an interesting interpretation:
"KEDOSHIM TIHIYU - You shall be holy, for
I, the Lord your
God, am holy..." (19:2).
By acting as a holy nation, Am Yisrael
'testifies' (to
itself and to other nations) that God exists,
for He is holy.
[See Sforno 19:2.]
Why is this testimony necessary?
Testimony is usually needed order to
prove a fact.
Considering that God is transcendent, it is
difficult for man
to perceive His existence. Therefore, God
commands ADAT BNEI
YISRAEL to keep special mitzvot which help
create a society
which 'testifies' to God's existence. One
could actually
combine both meanings and suggest that it is
for this reason
that God DESIGNATED Bnei Yisrael to become a
nation.
KEDUSHA - FOR A PURPOSE
Even though this interpretation may not
be 'simple
pshat', it blends nicely with Sefer Vayikra's
theme of KEDUSHA
in the three realms of MAKOM, ZMAN, & ADAM,
which we developed
in our shiur on Acharei Mot.
a) KEDUSHAT HA-MISHKAN ['kedushat makom'],
we explained,
implies that God separates a special place
and infuse it with
an intense level of holiness IN ORDER that it
affect and thus
elevate the level of the area which surrounds
it.
b) In a similar manner, God separated
SHABBAT ['kedushat
zman'], infusing it with a intense level of
holiness, IN ORDER
to elevate the spiritual level of the entire
week.
c) So too - KEDUSHAT AM YISRAEL ['kedushat
adam']. God
separates a special nation, infusing it with
an intense level
of holiness, IN ORDER to elevate the
spiritual level of all
nations. God 'designates' Am Yisrael to
follow the mitzvot of
KEDOSHIM TIHIYU to fulfill this purpose, and
in this manner we
'testify' before all nations that God exists.
This concept, which may only be alluded
to here in
Parshat Kedoshim, is stated more directly in
Sefer Devarim as
Bnei Yisrael prepare to enter the Promised
Land:
"See, I have taught you CHUKIM & MISHPATIM
[compare Vayikra
18:3-5!] for you to keep in the land which
you are about to
conquer. Observe them faithfully, for that
will be PROOF of
you wisdom IN THE EYES OF THE NATIONS who
upon hearing all
these laws will say:
Surely, that great nation is a wise people,
for what great
nation is there that is so CLOSE TO GOD...
or what great
nation has such perfect CHUKIM & MISHPATIM
as the TORAH that
I set before you on this day..." (Devarim
4:5-8).
TWO OTHER PARSHIOT
In addition to Parshat Kedoshim, there
are two earlier
parshiot of mitzvot which are directed
specifically to ADAT
BNEI YISRAEL.
1) Parshat Ha-Chodesh - Shmot 12:1-20
(see 12:3) which
discusses MAKKAT BECHOROT & KORBAN
PESACH.
2) Parshat Vayakhel - the commandment to
build the MISHKAN.
One could explain the Torah's use of the
phrase ADAT BNEI
YISRAEL in these two parshiot in a similar
manner.
(1) Parshat Ha-Chodesh (as we all know) is
God's very FIRST
commandment to Bnei Yisrael (see Rashi
Breishit 1:1). The
laws of Korban Pesach that are detailed in
that parshia serve
a double purpose. For Am Yisrael to:
a) recognize God's hand in their salvation
from MAKKAT
BECHOROT [which caused the Egyptians to
finally recognize
God. [See Shmot 11:1-10.]
b) AFFIRM their covenantal commitment to
BRIT BEIN H-'BTARIM
(i.e. Brit Avot). [See shiur on Parshat
Va'era].
(2) Parshat Vayakhel describes the
commandment to build the
MISHKAN which itself serves as a symbol and
testimony of God's
presence. [Recall that at the focal point of
the Mishkan lie
the LUCHOT ha-EIDUT / see Shmot 25:16,21-22.]
One could even suggest that these three
parshiot which
are given to ADAT Bnei Yisrael reflect once
again the three
realms of KEDUSHA:
Parshat ha-Chodesh - kedushat
ZMAN
Parshat Vayakhel - kedushat
MAKOM
Parshat Kedoshim - kedushat
ADAM
==========
FOR FURTHER IYUN
1. Note in the first Rashi on "daber el kol
ADAT Bnei
Yisrael" that Rashi states: "melamed
she-ne'emar be-HAKHEL".
How does the parallel to Shmot 35:1 help us
better understand
this Rashi?
2. In Sefer Bamidbar (see 14:26-27 and its
context), Bnei
Yisrael sin at chet ha-meraglim. Those
sinners are referred to
as an EDAH RA'A - a wicked (or bad) EDAH?
Can our explanation of 'witness' still
apply in this
case?
3. Note that Korach's splinter group is also
called an EDAH,
and in Korach's original complaint we find
the same word - "ki KOL ha-
EDAH kulam KDOSHIM u-vetocham HASHEM..." (see
Bamidbar 16:3).
Can you relate this complaint of Korach to
this week's shiur
and the Torah's use of the word EDAH?
*********************************************
****************
THE TANACH STUDY CENTER
[http://www.tanach.org]
In Memory of Rabbi Abraham
Leibtag
Shiurim in Chumash & Navi by Menachem
Leibtag
*********************************************
****************
PARSHAT KEDOSHIM - shiur #3
The Repetition of the "ARAYOT"
[revised 5767]
If you ever paid attention to the final
psukim in Parshat Kedoshim, you must have
been terribly bothered by the last pasuk of
the Parsha. As anyone will immediately
notice, it simply doesn't belong there!
Furthermore, did you ever notice that
Vayikra chapter 20 (the last chapter of
Parshat Kedoshim) is almost a repeat of
chapter 18 (the last chapter of Parshat
Acharei Mot)?
In the following shiur we attempt to
tackle these questions by uncovering the
special internal format of chapter 20 (better
know as a chiastic structure).
[Our conclusion will also help us better
appreciate why Parshat Kedoshim is located in
the middle of Sefer Vayikra.]
INTRODUCTION
Take a minute to review the final few
psukim of Parshat Kedoshim (at least
20:23-27). While doing so, note how the
second to last pasuk of Parshat Kedoshim
could have formed a beautiful conclusion for
the entire sedra:
"And you shall be holy [kedoshim] to Me, for
I the Lord am holy, and I have set you apart
from other nations to be Mine" (20:26).
However, instead of ending on that
profound note, the Torah 'adds on' an extra
pasuk that appears to be just 'dangling on'
to this otherwise perfect ending:
"And any man or woman who has an OV or a
YID'ONI shall be put to death, they shall be
pelted with stones..." (20:27).
[Once again, review the 20:20-27
to verify this.]
Furthermore, over half of the specific
laws and general statements found in chapter
20 were already mentioned in chapter 18!
We begin our shiur by undertaking a
study of the nature of this repetition. Our
conclusions will assist us in our study of
the internal structure of chapter 20.
A REPEAT OF THE 'ARAYOT'
Take a few minutes to compare chapter
20 with chapter 18 (especially 18:6-23 with
20:10-21; 18:1-5 with 20:8; and 18:24-30 with
20:22-25).
You'll find that almost every mitzva
that was mentioned in chapter 18 (especially
the 'arayot' - the forbidden marital
relationships) is repeated in chapter 20; and
most of the general commandments 20:22-24 are
repeats of 18:26-28!
However, if you take a closer look,
you'll notice how the manner of presentation
of these mitzvot in each chapter is quite
different. The basic differences are as
follows:
In chapter 20 we find a SPECIFIC
punishment for each transgression. In
contrast, chapter 18 simply states that these
ARAYOT are forbidden [note the repetition of
phrase 'lo tegaleh ervatan'], without
informing us what specific punishment the
Jewish court [bet din] should exact upon
them. The punishment is only mentioned in
passing at the conclusion of chapter 18,
where we are told that God will 'cut off from
His nation' anyone who transgresses (what we
call 'karet' / see 18:29).
For this reason, the order [of the
arayot] in each perek is different. In
chapter 18, they follow (more or less) the
order of family closeness, daughter, etc.),
while the order in chapter 20 follows the
severity of the punishment.
Furthermore, in chapter 20 we find the
concept of KEDUSHA, while in chapter 18 we
find only the concept of TUM'A.
Finally, chapter 20 includes some
additional laws such as OV & YID'ONI. [Note
20:6 & 20:27.]
We'll return to this analysis shortly;
however, before we continue we must first
take into consideration the internal
structure of chapter 20, which happens to be
rather intriguing.
A CHIASTIC STRUCTURE
Within chapter 20 [note that chapter 20
constitutes an independent 'parshia'], we
find a chiastic structure [ABCDCBA] that
beautifully explains why the last pasuk only
appears to be 'out of place'. To illustrate
this special structure, the following chart
shows how the opening set of psukim are
'balanced' by a concluding set of psukim that
deal with parallel topics.
While studying the chart (and the
psukim!), note how the laws concerning the
arayot in 20:9-21 are 'enveloped' by several
sets of matching mitzvot:
VAYIKRA CHAPTER 20
==================
A - Punishment for MOLECH and OV & YID'ONI
(20:1-6)
| B - "ve-HITKADISHTEM vi-heyitem
kedoshim..." (20:7)
| | C - Keep My CHUKIM...[intro to
arayot] (20:8)
| | | D - The specific cases of
the arayot (20:9-21)
| | C - Keep all My CHUKIM... [or
else..." (20:22-23)
| B - ".. vi-heyitem li KEDOSHIM, ki
KADOSH ani..." (20:24-26)
A - Punishment for transgression of OV &
YID'ONI (20:27)
Let's see now what we can learn from
this structure.
First we will explain why (and how) each
set of psukim is linked (i.e. A to A, B to B,
etc.
Afterward, we will explain how this
structure relates to chapter 18 and the theme
of Sefer Vayikra.
A->A / THE 'MISSING' DETAIL
First of all, by setting up the psukim
in this manner, we immediately see how the
last pasuk of chapter 20 (i.e. 20:27) forms
the 'bookend' for 20:1-6! In fact, 20:26 is
more than just a 'matching bookend'; it
actually contains an important law that is
missing in 20:1-6. Let's explain:
In 20:1-6 we find:
a) the punishment by BET DIN for MOLECH
i.e. death by stoning (see 20:2)
b) the punishment by God for MOLECH
"ve-samti PANAI ba-ish ha-hu..."
(see 20:4-5).
Then, we find:
c) the punishment by God for OV &
YID'ONI
"ve-natati PANAI ba-nefesh
ha-hi..." (see 20:6)
But, we are missing:
-> the punishment by BET DIN for OV &
YID'ONI!
In other words, even though 20:1-6
explains BOTH the punishment by BET-DIN & by
God for MOLECH, for OV & YID'ONI we find only
the punishment by God, while the punishment
by Bet Din is missing. Therefore, 20:26 -
which informs us that the punishment by BET
DIN for OV & YID'ONI is death by stoning -
complements the laws in 20:1-6.
[In the further iyun section, we will explain
why specifically this law was taken from the
'header' and placed in the 'footer' of this
unit; but in the meantime it is important
that we recognize that these psukim form the
'bookends' of the entire parshia.
B->B / BACK TO PARSHAT SHMINI
The obvious textual parallel is the
almost identical pasuk of "ve-hitkadishtem
vi-heyitem kedoshim..." (see 20:7 & 20:26).
In addition, the concluding psukim of Parshat
Shmini (see 11:44-47) provide us with an even
stronger connection between 20:7 to 20:24.
[To keep the shiur more concise, you'll need
to find that parallel on your own.]
C->C / A FAMILIAR 'ENVELOPE' FOR [D]
Here we find a matching set of psukim
that should not surprise us, for they repeat
the same pattern that was already found in
chapter 18. Let's explain:
Recall from last week's shiur how
chapter 18 began with a 'header' (see 18:1-5)
forming a very general introduction, and
concluded with a similar 'footer' (see
18:26-30). This general header and footer
'enveloped' the more specific list of arayot
(see 18:6-25)! As you may have noticed, the
list of arayot in chapter 20 (i.e. 20:9-21)
is 'surrounded' by a very similar 'header'
and 'footer' of 'u-shmarten et chukotai...'
(see 20:8 and 20:22). Note as well how both
'footers' in chapter 18 and in chapter 20
include a warning that the land will kick out
those who transgress these laws.
Using the above chart, we would simply
say that the partial format of [C-D-C] in
chapter 20 parallels the entire format of
chapter 18.
FROM TECHNICAL TO THEMATIC
Up until this point, our discussion has
been very technical, simply showing how the
Torah presents the laws of chapter 20 in
chiastic form; and in a manner parallel to
chapter 18. Now we must attempt to uncover
the thematic significance of this
presentation. To do so we must consider the
progression of the parshiot in Sefer Vayikra
and their connection to the themes in Chumash
that we have discussed in our study of Sefer
Shmot.
WHAT'S DIFFERENT?
As we have already noted, most of the
laws in chapters 20 were already mentioned in
chapter 18. Therefore, to understand why the
Torah repeats these laws, we must consider
the two primary details which chapter 20 adds
(as we noted in our above introduction):
1) Punishment (usually the death penalty /
'mot yumat...') for each transgression.
2) The concept of KEDUSHA.
Even though chapter 18 teaches us that
all of the arayot are forbidden, it does not
detail the precise penalty for each
transgression. It simply informs us that
these acts 'defile' the land [= TUM'A / see
18:24-25], and that God will 'cut off' those
who transgress [= KARET / see 18:29].
Now in chapter 20, the Torah informs us
that the people are responsible to punish
those who transgress (see 20:2,9,10 etc.).
In other words, chapter 20 empowers bet din
(the Jewish Court) to enforce these laws. In
fact, enacting the death penalty (by stoning)
is both the first and last topic of the
perek, while each pasuk from 20:9-21
(detailing each of the arayot) concludes with
a form of punishment by bet din.
Note also how the Torah introduces
these punishments for the "arayot" (before
they are detailed) with the statement:
've-hitkadishtem...' -and you should make
yourselves HOLY (see 20:7) - and closes them
in a similar manner (see 20:26 / B->B above).
However, in chapter 18, we find no mention at
all of KEDUSHA; only TUM'A!
This contrasting parallel suggests that
the Torah considers the act of setting up a
judicial system to enforce God's special laws
as a form of KEDUSHA!
Why is specifically this considered
kedusha? Furthermore, why doesn't the Torah
simply combine the laws in chapters 18 & 20
together? What do we gain by first learning
that these acts are forbidden, and then only
later find out that bet din is empowered to
punish he who transgresses?
To answer these questions, we must
consider the progression of parshiot from
chapter 18 to 20.
A THEMATIC PROGRESSION
Recall (from the shiur on Acharei Mot)
how Sefer Vayikra divides into two distinct
sections:
1) Chapters 1-17 - laws relating to the
mikdash.
2) Chapter 18-26 - laws concerning the
nation & kedusha.
Recall as well how chapter 18 (with its
introductory psukim emphasizing ANI HASHEM)
forms the introduction to the second half of
Sefer Vayikra. Let's take note of the
progression of parshiot in the first part of
this section:
Chapter 18:
* Reject Egyptian & Canaanite culture
i.e. how not to act
* Follow My laws instead, i.e. how you
should act
* Specific examples of how not to act -
i.e. the prohibition of the "arayot"
[which are primarily 'mitzvot bein adam
la-Makom'].
* How GOD will punish those who transgress
(and that nation).
Chapter 19:
KEDOSHIM TIHEYU - Be holy!
i.e. examples of how Am Yisrael should
act!
[Primarily 'mitzvot bein adam
le-chaveiro'. ]
As we explained in last week's shiur - taking
the principles of the Ten Commandments, and
raising them to a higher level in a manner
which affects every aspect of daily living.
No mention of punishment by bet din.
[Instead, the repetition of ANI HASHEM (in
both chapters) for He will punish those who
transgress and reward he who follows. See
Rashi 18:2!]
Chapter 20:
Punishment by BET-DIN for those who
transgress the mitzvot (recorded in chapter
18). / as explained above.
Let's consider what we may infer from
this progression.
First, God tells Am Yisrael how they
should NOT act, then how they SHOULD act, and
that they must follow these rules - simply
because He says so - summarized by the
statement: ANI HASHEM!
In other words, we must follow these laws
- not in fear of their punishment (by
society), but only out of the love (or fear)
of God.
Only afterward, in chapter 20, God
commands Am Yisrael to enforce these laws, in
order to ensure that they become a 'mamlechet
kohanim ve-goy KADOSH'! Hence, the nation
itself must set up a judicial system to
enforce them.
BACK TO A-A
As our thematic analysis has shown,
chapter twenty focuses on the responsibility
of Bet Din to enforce the laws (originally
detailed in chapter 18) by punishing those
who transgress. Just as the middle section
of this chiastic structure highlights this
responsibility, the opening and closing
sections in the chiasmus of chapter 20
emphasize this very same point.
Recall how chapter 20 begins specifically
with the responsibility of Bet Din to punish
a person who worships Molech, and concludes
with Bet Din's responsibility to punish a
person who practices the cult of OV & YIDONI.
Even though it who have appeared to more
logical for both of these laws to appear in
the middle section, - to highlight the theme
of punishment by Bet Din in chapter 20,
Chumash places one law as the 'opener' and
the other as the closing pasuk.
THE SAME THREE STAGES IN SEFER SHMOT
In a certain manner, the progression
from chapter 18 through chapter 19 till
chapter 20 is quite similar to the sequence
of events in Sefer Shmot. Let's explain:
Recall that as the process of Yetziat
Mitzrayim began, God's first commandment to
Bnei Yisrael (when they were still in Egypt)
was that they recognize ANI HASHEM (see Shmot
6:4-8), and hence to rid themselves of
Egyptian culture. In our shiur on Parshat
Va'era we proved this from Yechezkel 20:5-11.
[Note the parallels between that perek in
Yechezkel and Vayikra chapter 18, i.e. the
phrase ANI HASHEM and the commandment to rid
themselves from Egyptian culture. (Compare
18:1-5 to Yech. 20:5-10.)]
Recall as well that at MARA (after Bnei
Yisrael left Egypt and crossed the Red Sea)
God repeats this commandment, to prepare them
for Matan Torah at Har Sinai. [See Shmot
16:26-27.]
Hence, those events would parallel
Vayikra chapter 18.
Then Bnei Yisrael arrive at Har Sinai
and receive the Ten Commandments. As we
discussed in our first shiur on Parshat
Kedoshim, the mitzvot in chapter 19 are
presented in a manner quite similar to the
Ten Commandments in Parshat Yitro. Hence
Matan Torah would be parallel to Vayikra
chapter 19.
Finally, the Ten Commandments are
followed by Parshat MISHPATIM, which
introduces an entire set of the civil laws,
together with the specific punishment that
BET-DIN must execute for each transgression.
Here we find a parallel to Vayikra chapter
20, for there too we find the specific
punishments that BET-DIN must execute for the
transgressions that were first mentioned in
chapter 18.
The following chart summarizes this
parallel between Shmot and Vayikra.
SHMOT VAYIKRA
REJECT Egyptian culture: Va'era /
6:4-8 chapter 18
FOLLOW GOD'S LAWS: Yitro / 20:1-14
chapter 19
PUNISHMENT BY BET DIN: Mishpatim
chapter 20
A HIGHER LEVEL
The above chart can help better
appreciate how Sefer Vayikra takes the
principles of Sefer Shmot and raises them to
a higher level. It can also help us
understand the repetition of the arayot in
Vayikra chapter 20.
Just as Vayikra chapter 19 takes the
Ten Commandments of Sefer Shmot and raises
them to a higher level, so too Vayikra
chapter 20 can be understood as an 'upgrade'
for the laws in Parshat Mishpatim. Recall
from our study of Parshat Mishpatim how
chapter 21 details the punishments that bet
din is instructed to enforce for the most
basic cases of CIVIL laws. Albeit the
importance of this judicial system, it can be
found in almost every society. In Sefer
Vayikra, where the Torah emphasizes how we
are to become a special nation - an AM
KADOSH, bet din is now entrusted with the
power to enforce not only the classic civil
laws, but also the special laws that Bnei
Yisrael must keep. In this manner, bet din
duty is to enact punishment in order to
assure that Bnei Yisrael indeed become an "am
kadosh".
TO WARN OR TO PUNISH
Nevertheless, we must still explain why
it is necessary for Sefer Vayikra to first
explain what is not permitted WITHOUT
mentioned punishment by bet din, and then
later repeat those laws together with their
specific punishments. Furthermore, we must
explain why these two parshiot that deal with
the same topic (i.e. chapters 18 and 20) are
interrupted by the laws of 'kedoshim tihiyu'
in chapter 19.
This progression and parallel could be
understood as striking the fine balance
between realism and idealism. Ideally, we
would prefer that the individual follow God's
laws simply because God has commanded, and
NOT out of fear that bet din may punish him.
Therefore, the Torah first presents these
laws while reminding us that ANI HASHEM,
without mentioning at all that bet din is
required to enforce them. Only afterward,
God commands our society to set up a court
system that will enforce these laws, in order
to make sure that Am Yisrael indeed does
become a GOY KADOSH.
However, the enforcement of these laws
by bet din must be preceded by a set of laws
that focus on the kedusha of Am Yisrael, and
hence how Bnei Yisrael SHOULD act. Once Bnei
Yisrael can indeed establish a society of an
AM KADOSH (by fulfilling the mitzvot of
chapter 19), then it becomes important that
bet din becomes involved in enacting
punishment for those who transgress the laws
of kedusha as well. Nonetheless, the
emphasis of bet din must be first on foremost
of the positive aspects of 'kedoshim tiyihu',
while their responsibility to punish
transgressors should become secondary to
that.
This concept of KEDUSHA that God
expects that we act on a higher level IN
ORDER that we become worthy to be His people
is reflected in the concluding pasuk of
chapter 20:
"And you shall be HOLY for Me, for I am Lord
am Holy, for I HAVE SEPARATED YOU FROM THE
OTHER NATIONS TO BE MINE!"
(see 20:26).
THE NAME FOR BET DIN
Even though our entire shiur has
assumed that the punishments detailed in
chapter 20 must be carried out by Bet-Din
(the Jewish court), Chumash never uses those
words to describe the court. Instead, the
opening psukim require that the "am ha'aretz"
- the People of the Land - shall stone him
(see Vayikra 20:2).
Rashi (on that pasuk) immediately
comments that "mot yu'mat" [he shall be put
to death / 20:2] refers to a court decision
made by Bet Din - yet the question remains,
why the phrase "am ha'aretz" is used.
Rashi offers several explanations. The
first (quoting Torat Kohanim) is rather
technical, explaining that if Bet Din cannot
execute its decision, then the people should
come to their assistance. In his second
explanation, Rashi offers a more thematic
approach (also based on Torat Kohanim),
suggesting that the "aretz" - the Land -
refers to the special nature of the Land of
Israel - which deserves to be inherited on
the condition that the people of Israel act
properly, and can be thrown out should they
defile the land (see Vayikra 18:24-29 &
20:22-24).
As this type of behavior could cause the
'People of the Land' to lose their land,
therefore the 'People of the Land' are
responsible to punish those who transgress,
for those people are not only hurting
themselves, they are harming the entire
nation.
REPRESENTING GOD OR THE PEOPLE?
It is interesting to note that in Parshat
Mishpatim, which also discusses punishments -
Chumash consistently refers to Bet-Din as
"elohim" (see Shmot 21:6, 22:7-8,27 and the
commentators); while in Parshat Kedoshim, Bet
Din is referred to as "am ha'aretz".
One could suggest a very simple reason.
In regard to transgressions in the realm of
civil law ["bein adam 'chaveiro], the judges
of Bet Din must feel that they carry the
responsibility of God on their shoulder;
while in the realm of 'religious law' ["bein
adam la'Makom"], Bet Din must carry the
responsibility of the entire nation - who are
striving to create a society of an "am
kadosh".
In that sense, Bet Din carry a
'double-identity'. On the one hand, they
represent their society, but on the other
hand they must also feel as though they are
working on behalf of God Himself.
As we strive to grow as an "am kadosh",
we must also strive to be worthy of Judges of
this stature.
shabbat shalom,
menachem
==========================
FOR FURTHER IYUN
A. OV & YID'ONI
In our shiur, we did not explain why
specifically the law of OV & YID'ONI is
singled out, and used to conclude the
parshia.
First of all, note Rashi on this pasuk,
who quotes the midrash halacha that learns
out from this special structure that just
like OV & YID'ONI who is 'chayav KARET' (see
20:6) and with warning (see 19:31) he is
'chayav sekila' [stoning / see 20:27], so too
for any other transgression... - see Rashi!
From a thematic angle, based on Sefer
Devarim, OV & YID'ONI takes on additional
significance. See Devarim 18:9-15 where the
Torah forbids us to approach any type of
'future teller' or 'soothsayer' including the
OV & YID'ONI. Note how similar those psukim
are to Vayikra chapter 18!! There, the Torah
explains how we must follow the guidance of a
NAVI, and not look for guidance from those
who use 'other methods'.
Every nation has its spiritual leaders.
To become an AM KADOSH, we must be sure not
to follow after these people who offer
'shortcuts' to spirituality by 'bringing up
the dead' or 'reading palms' etc. As God's
nation, we must recognize that our fate is
solely in the hands of God, and thus a direct
function of our deeds. Belief that certain
events are pre-determined or believing that
by bringing up the dead we can get an 'inside
word' on what will happen, etc. negates the
very basics of Judaism and our belief in
'hashgachat Hashem' as a function of our
deeds. [see daily kriyat shma etc. /
've-akamal']
B. VE-HITKADISHTEM...
In the above shiur, we saw how the
concept of KEDUSHA was introduced hand in
hand with the mitzva that bet din enact
punishment against those who do not follow
God's special laws.
Here, we find an amazing parallel (once
again) to the events at Har Sinai. Recall
that first time in the Torah that we find an
act of KEDUSHA by man [i.e.
've-kidashtem...'] is at Har Sinai, when God
commands Moshe to prepare Bnei Yisrael for
Matan Torah: "Go to the people -
ve-KIDASHTAM" (Shmot 19:10), and again in
19:14: "va-yered Moshe, va-yeKADESH et
ha-am..."
What did Moshe do that the Torah
considers it 'leKADESH'?
Review 19:10-14, noting that Moshe warns
them: "do not go near your wives" (19:15)
[similar to the laws of arayot), and sets up
policemen to guard the mountain instructing
them to KILL anyone who touches the mountain
[by stoning / see 19:12-13]! This is quite
similar to the laws in chapter 20 which
introduce KEDUSHA with appointing bet din to
enforce God's laws which relate to the fact
that the SHCHINA is now present in the camp.
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