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<DIV><FONT face=Arial
size=2>*************************************************************<BR>
THE TANACH STUDY CENTER [http://www.tanach.org]<BR> In Memory of
Rabbi Abraham Leibtag<BR> Shiurim in Chumash & Navi by Menachem
Leibtag<BR>*************************************************************</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><SPAN class=968464419-15082007><FONT face=Arial
size=2>
Parshat Shoftim - shiur #2</FONT></SPAN></DIV>
<DIV><SPAN class=968464419-15082007></SPAN> </DIV>
<DIV><FONT face=Arial><FONT size=2><SPAN
class=968464419-15082007>
</SPAN>'What defines what's right?''<BR><SPAN
class=968464419-15082007> </SPAN></FONT></FONT><FONT
face=Arial size=2></FONT></DIV>
<DIV><FONT face=Arial size=2> What's considered 'doing what is
right in the eyes of God' ["ha'yashar beinei Hashem"]?
<BR> 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.<BR> 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!</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>INTRODUCTION<BR> 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.<BR> 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.<BR> 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!]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>SUMMARY – OR NOT? <BR> 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'):<BR>"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) <BR>[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.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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:<BR>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.<BR> <BR>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. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.]<BR> 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.<BR> <BR>THE CASE ISN'T CLOSED!<BR> 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):<BR>"[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) <BR> <BR> 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'.<BR> 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'.<BR>[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.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>PARTICULAR or GENERAL<BR> 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:<BR>"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)</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Earlier in Sefer Devarim as well, we find how
this phrase is used in a very general manner:<BR>"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)<BR> [See also
Devarim 12:28 and 13:19.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>PREVENTIVE MEASURES!<BR> 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:<BR>"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:<BR>'schar
aveira aveira u'schar mitzvah mitzvah' – <BR>the penalty for a
transgression is another transgression, and the reward of a mitzvah is another
mitzvah."<BR> (see Ibn Ezra 21:9 / & 21:7) </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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). </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.</FONT></DIV>
<DIV> </DIV><FONT face=Arial size=2>
<DIV><BR>A GOOD TEACHER<BR> 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.<BR>[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.]</DIV>
<DIV> </DIV>
<DIV>HOW DO WE KNOW WHAT'S 'RIGHT IN GOD'S EYES'<BR> 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!] <BR> 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! <BR> <BR> 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!</DIV>
<DIV> </DIV>
<DIV> shabbat
shalom,<BR> menachem </DIV>
<DIV> </DIV>
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