From tsc at bezeqint.net  Sun Apr  1 07:25:25 2007
From: tsc at bezeqint.net (Menachem Leibtag)
Date: Sun, 1 Apr 2007 07:25:25 -0400
Subject: [Par-new] Some additonal thoughts for Leil ha'Seder
Message-ID: <009d01c77450$72005aa0$6401a8c0@IBM1EA96DDE709>

*************************************************************
     THE TANACH STUDY CENTER [http://www.tanach.org]
          In Memory of Rabbi Abraham Leibtag
     Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************
 
         SOME THOUGHTS FOR LEIL HA'SEDER  (5766)
                               
     As a short addition to our shiur on 'Understanding
Magid', below are a few short thoughts relating to the Seder
[most of them half-way between questions for self study and a
shiur].
 
"MAGID" or "PSUKEI D'ZIMRA"?
     As our primary obligation in MAGID is to 'tell the story'
of the Exodus, the question arises whether it is better for
one person to tell the story, while everyone else listens; or
if everyone needs to read all the words in the Haggada (and
especially the "arami oved avi" section) to themselves.
  Even though one can find a wide range of opinions, it seems
clear to me (based on my discussions with many Rabbis on this
matter), that the ideal way to fulfill the mitzvah is for one
person to tell (or lead the telling of) the story, while
everyone else should be listening, and preferably actively
participating in the conversation.
  To clarify why, allow me to share with you an analogy from
'daily life'.  Let's say someone came home from the stadium
after watching an exciting football game, while the rest of
the family members 'only' saw the game on television.  The
likely ensuing family conversation about the game over supper
that evening (i.e. with questions & answers, discussions and
opinions, etc.) would serve as a good model for how MAGID
should be conducted ("l'havdil").
  [Imagine what it would look like if everyone just
  simultaneously 'mumbled' to themselves all the details of
  the game, reading them from a newspaper clipping.]
  
  For the same reason, it is obviously preferable to conduct
the conversation in a language that everyone understands.
Certainly, the classic text of the Haggada should be read by
the person leading the Seder (tradition should be tampered
with so readily), but the words of its key sections should be
translated and explained clearly to everyone who has gathered.
 
"HA LACHMA ANYA"
     This opening paragraph of MAGID is difficult to
understand not only due to the Aramaic, but also due to its
context.  After explaining to everyone gathered that the matza
on the table is similar to the 'poor man's bread' that our
forefathers ate in Egypt, the "kol dichfin" statement that
follows can either be understood as either:
  .    an open invitation for others to join us. - or
.    a quote of what our forefathers once said.
 
  These two possibilities are a result of how one understands
the word "v'yifsach" in the phrase "kol ditzrich yete
v'yifsach" [anyone who needs, let him come and join our
Pesach].
  The word "va'yifsach" could refer to the korban Pesach
itself, or to the Seder itself.
  If it refers to the Seder, then this section was composed to
be recited as an invitation to a Seder (i.e. during the time
of Exile), inviting others to join; while expressing our hope
that next year, we will be able to celebrate the Seder in
Israel as a free nation.
  However, if "va'yifsach" refers to the actual 'korban
Pesach' (which seems to be the simple meaning of this word),
then this entire sentence must be a quote of what our
forefathers said to one another (translated into Aramaic) in
preparation for the very first korban Pesach (i.e. the one in
Egypt, as described in Shmot 12:1-23).  It can only refer to
that very first korban Pesach, for that was the only time in
Jewish history when the korban Pesach was offered when we were
both in slavery (hoping next year to be free) and living
outside the Land of Israel (hoping be next year in the Land of
Israel)!
  If so, then this quote from the very first Seder in Jewish
History is quite meaningful, for we begin MAGID by emphasizing
the connection between our own Seder and the very first Seder
that Am Yisrael kept thousands of years ago (and its purpose).
By quoting from the special atmosphere of that very first
korban Pesach family gathering, we highlight the continuity of
our tradition and our hope for the fulfillment of its goals.
 
AVADIM HAYINU.
     To appreciate the opening statement of this section, I
highly recommend that you first read (and study) Devarim 6:20-
25, noting its context from the beginning of that chapter,
i.e. the psukim of Shema Yisrael that begin 6:4.  Note how
6:20 is a question about the very purpose (and reason for) all
of the mitzvot that God commands Bnei Yisrael; while "avadim
hayinu" is only the first line of a four line answer that
explains why God chose us, and why we are obligated to keep
all of His laws.
     Hence, it is not by chance that the Haggada uses
specifically this pasuk to explain why we are obligated to
'tell the story of the Exodus' every year. [Note as well
Shmuel's opinion in "matchilim b'gnut" in the tenth perek of
Mesechet Psachim".]
     Note as well how the pasuk of "v'otanu hotzi m'sham
lmaan. [for the purpose of]..." is quoted at the end of MAGID
in the "bchol dor v'dor" section - and not by chance!
     If you are familiar with our Intro shiur to Sefer
Devarim, in regard to the structure of the main speech,
Chazal's choice of this phrase to begin our answer to the "ma
nishtana" takes on additional significance.
 
YACHOL M'ROSH CHODESH
     To appreciate the "hava amina" for why one might think
that the mitzvah to tell the story may begin already from Rosh
Chodesh, carefully review Shmot 12:14 - noting what day the
phrase "ha'yom ha'zeh" may be referring to, based on its
context from Shmot 12:1-6.  In other words, the day referred
to in the phrase: "v'haya ha'YOM HA'ZEH lachem l'ZICHARON"
could either be rosh Chodesh (based on 12:1-2) or the day that
the korban Pesach was offered (i.e. the 14th during the day
towards evening ="yachol m'b'od yom", based on 12:6).  The
conclusion however is that the mitzvah can only be fulfilled
on the evening of the 15th, based on Shmot 13:8 in the context
of 13:3-8!  Read those psukim carefully, and you'll see why.
  [Note as well the connection between 12:14 & 12:15-20, as
  well as the connection between 12:14-23 with 13:3-8!.]
 
M'TCHILA... V"ACHSHAV KIRVANU HA'MAKOM L'AVADATO
      This key statement of the MAGID section (as discussed in
our shiur on MAGID), that God chose the Jewish people in order
that they could serve Him (by acting as His model nation) - is
proven not only from our quote of Yehoshua 24:1-3, but more so
from the remainder of that chapter - a 'must read' for anyone
not familiar with that chapter!
  For those of you familiar with Sefer Yehoshua, here's an
observation that you may appreciate.  One could suggest that
the gathering, as described in Yehoshua 24:1-27, may have
taken place at an earlier time, even though it is recorded in
the final chapter of the book.   Based on the content of this
speech (and challenge) by Yehoshua for the entire nation to
serve God - it would have made more sense for this gathering
to have taken place soon after the original wave of conquest,
and not at the end of his life.
  In my opinion, the most logical time for this gathering to
have taken place would have been at the same time when Bnei
Yisrael first gathered at Har Eival to re-convene their
covenant with God, in fulfillment the God's command in Devarim
27:1-8!  This covenantal gathering, similar to the original
covenantal gathering at Har Sinai (compare w/Shmot 24:3-11) is
described in detail in Yehoshua 8:30-35.   Note that the city
of Shechem - where the events in chapter 24 take place, is
located at the foot of Har Eival (where the events in chapter
8:30-35 take place!
  Even though the events in chapter 24 should have been
recorded after the events in 8:30-35, Sefer Yehoshua preferred
to 'save' that speech for its concluding section, because of
its thematic and everlasting significance.
     If so, then Yehoshua chapter 23 would have been the last
gathering of the people with Yehoshua prior to his death (as
seems to be simple pshat of the opening psukim of that
chapter), while the events described in chapter 24 were
'saved' for the conclusion of the book (even though they took
place much earlier).  [Note how the story of Yehoshua's death
in 24:28-33 is not an integral part of the story in 24:1-27]
  Hence, it may not be by chance that the Haggada quotes from
this chapter to present its key point - that God chose us, and
gave us the special Land, for the purpose that we would be
able serve Him. Its thematic importance results in its special
placement at the conclusion of Sefer Yehoshua, and similarly,
at a key position in MAGID.
 
BRIT BEIN HA'BTARIM (or Ethics & the Exodus)
     Even though we discussed this topic of God's original
covenant with Avraham (forecasting the Exodus) at length in
our shiur on MAGID, I'd like to add one additional point.
[The points below can serve as an outline, iy"h, a full shiur
on this topic will be ready on chol ha'moed.]
     The fact that God had already 'promised' Avraham Avinu at
the same time when he was first chosen - that there would be a
need for his offspring to become enslaved by another nation
BEFORE becoming (and possibly in order to become) God's
special nation (see Breishit 15:1-18) - begs us to search for
a thematic reason for the necessity of this bondage.
  [Indeed some commentators see this 'bondage' as a punishment
  for something that Avraham may have done wrong (see Maharal
  - Gevurot Hashem); nonetheless, the simple pshat of Breishit
  chapter 15 is that this covenant was part of God's original
  plan.]
 
V"ZACHARA KI EVED HA'YITA B'ERETZ MITZRAIM]
     A rather obvious Biblical 'hint' to what the nation would
'gain' from this difficult experience; may be alluded to in
the numerous commandments that Bnei Yisrael receive at Matan
Torah (after leaving Egypt) that include the special
'reminder' of "v'zacharta ki eved ha'yita b'eretz Mitzraim".
Most often, this phrase is found not as a separate mitzvah,
but rather as an additional comment following a law concerning
the proper treatment of the 'less-fortunate' - as an extra
incentive to keep some of the most very basic ethical laws of
the Torah.
     To prove this, simply review the following list of
sources in your Chumash, paying careful attention to when and
how this phrase is presented, noting both its topic and
context:
  .    Shmot 22:20 & 23:9  (note the type of mitzvot found in
     numerous laws recorded between these two psukim). Note
     especially "v'atem y'datem et nefesh ha'ger" in 23:9, that
     phrase highlights our above assertion.
.    Vayikra 19:33-36 (concluding "Kdoshim tihiyu"!)
.    Vayikra 20:26! and 25:55!  (note the context of Vayikra
25:35-55, noting especially 25:38.)
.    Devarim 5:12-15 (shabbos is to allow our servants a
chance to rest as well - v'zachrta ki eved hayita...")
.    Devarim 16:11-12, in regard to "simchat yom tov"
.    Devarim 24:17-18, noting context from 23:16 thru 24:18
.    Devarim 24:19-22, continuing same point as above
.    Note as well concluding psukim in Devarim 25:13-16
.
  In light of these sources (a 'must read' for those not
familiar with these psukim), it becomes clear that part of
God's master plan (in the need for our enslavement to Egypt
before becoming a nation) was to 'sensitize' us, both as
individuals and as a nation, towards the needs of the
oppressed and downtrodden.
  God is angered when any nation takes advantage of its
vulnerable population (see story of Sedom in Breishit chapters
18-19, noting especially 18:17-21!).  In our shiurim on Sefer
Breishit, we suggested that this may have been one of the
underlying reasons for God's choice of a special nation, a
nation that will 'make a Name for God', by setting an example
in the eyes of there nations, of ideal manner of how a nation
should treat its lower classes, and be sensitive to the needs
of its strangers and downtrodden. [Note also Yeshayahu 42:5-
6!]
  Hence, after Bnei Yisrael leave Egypt, they must receive a
special set of laws are Har Sinai that will facilitate their
becoming that nation.  As they are chosen to become God's
model nation (see Devarim 4:5-8), these laws must set reflect
a higher standard, to serve as a shining example for other
nations to learn from.  Note as well how the opening laws of
Parshat Mishpatim (which immediately followed the Ten
Commandments), begin with special laws for how to treat our
own slaves, whether they be Jewish (see Shmot 21:1-11) on non
Jewish (see 21:20 & 21:26-27).  [Not to mention the laws that
follow in 22:20 thru 23:9.]
  
  With this background, one could suggest that the suffering
of Bnei Yisrael in Egypt, their being taken advantage of by a
tyrant etc., would help teach  Bnei Yisrael what 'not to do'
when they form their own nation, after leaving Egypt.
  As anyone who is familiar with the prophecies of Yeshayahu
and Yirmiyahu (and just about all of the Neviim Acharonim)
knows, it was this lack of this sensitivity to the poor and
needy that becomes the primary reason behind God's decision to
exile Israel from their land, and destroy the Bet Ha'Mikdash.
  
  In light of the numerous sources in Sefer Devarim as well in
this regard, we may have an additional reason for why Chazal
chose Mikra Bikurim - from Devarim chapter 26 - as the
official 'formula' by which we tell the story.  Note not only
how the declaration in 26:5-9 constitutes a thanksgiving to
God for His fulfillment of brit bein ha'btarim, but notice
also the closing line in 26:11, where once again we are called
upon to be sure that the stranger and Levite share in our
happiness (for they have no Land of their own, and hence not
able to bring their own first fruits).
  It should also not surprise us that the next law, "vidduy
maasrot" at the end of every three years, emphasizes this very
same theme.  Simply read its opening statement in 26:12-13,
focusing on the need of the farmer to give the necessary
tithes to the poor and needy, the orphans, widows, and
strangers.  Only afterwards does he have the ethical 'right'
to pray to God that He should continue to bless the land and
its produce - see 26:15!  This law forms a beautiful
conclusion for many of the earlier laws in the main speech of
Sefer Devarim, again a set of laws originally given to Bnei
Yisrael at Har Sinai (see Devarim 5:28).
  
  One could even suggest that reciting these psukim as well
may be what the statement in the Mishna in Pesachim refers to
when instructing us to read from Arami oved Avi (from Devarim
26:5) until we finish the ENTIRE Parsha.  If we read the
entire Parshia, the should certainly should include 26:11, and
may even allude to 26:12-15 (|"vidduy maaser"), (and in my
humble opinion even to the concluding psukim of the entire
speech in 26:16-19!). ["v'akmal"]
  
  Let's return to the very pasuk from which we learn our
obligation to tell the story at MAGID -"v'higadta l'bincha...
ba'avur zeh asa Hashem li b'tzeiti m'Mitzraim".  If we follow
the interpretation of Rashi & Ibn Ezra, then this pasuk is
commanding us that we explain to our children that God took us
out of Egypt in order that we can fulfill His commandments.
Or in essence, God orchestrated all the events forecasted in
"brit bein ha'btarim" to help us become that nation.
Certainly, this approach fits nicely with our explanation thus
far.
  Finally, the very pasuk that Chazal chose that we must
recite twice a day to 'remember' the Exodus on a daily basis
(see Bamidbar 15:41) may allude as well to this very same
point: "I am the God who took you out of Egypt IN ORDER to be
your God...".  In other words, God took us out of an Egypt in
order that He become our God.  Our deeper understanding of the
purpose of the events (of the Exodus) can serve as a guide and
a reminder to assure that we act in the manner that we assure
that we will indeed become God's model nation.
  
  In summary, when we thank God for taking us out of Egypt, we
must also remember that one of the reasons for why He put us
there - was to sensitize us towards the needs of the
oppressed.  Should we not internalize that message, the
numerous "tochachot" of the Bible warn us that God may find it
necessary to 'teach us the hard way' once again (see Devarim
28:58-68 and Yirmiyahu 34:8-22).
     In this manner, the message of the Seder is both
particular (in relation to the obligations of the Jewish
people) and universal (in relation to their purpose - the
betterment of all mankind).
====
 
  [One should also note that according to Seforno (based on
  Yechezkel 20:1-10), even though God forecasted our slavery,
  it didn't have to be so severe. Its severity, he explains,
  was in punishment for Bnei Yisrael's poor behavior.
    See Seforno's intro to Sefer Shmot and his commentary on
    Shmot 1:13.  .]
 

V'HI SH'AMDA... ELAH SH'B'CHOL DOR V'DOR
OMDIM ALEYNU L'CHALOTEINU
     Unfortunately, this statement remains true in our own
generation, as Israel is still threatened by its many enemies.
As we thank God for His Providence over our history and its
purpose, no Seder should pass over without a mention of
gratitude to the brave soldiers of Israel's armed forces, and
our prayers that God watch over them.  They form the front
line that protect our 'freedom' to become God's special
nation.
  Just as we thank God for providing us with food, even though
we must toil the soil ourselves; so too when we thank God for
protecting us in every generation, we must realize that this
often requires the act of man as well.  As we thank God who
oversees our protection, we must show our gratitude as well to
the soldiers who rise to this challenge.  With this in mind,
I'd like to close these short thoughts on the Sefer with a
personal note.
     This morning (the 13th of Nisan), I attended the memorial
service for Lt. Daniel Mandel z"l (unfortunately, the son of
my neighbor in Alon Shevut), a young officer in the elite
"sa'yeret ha' Nachal" infantry unit, who fell exactly one year
ago leading an operation to capture terrorists in Shechem, who
were planning yet another Seder massacre.
     Those who eulogized him noted not only his bravery and
leadership, but also his ability to inspire his soldiers to
support one another, especially in difficult situations, and
his keen ability to bring out the good in all those who
surrounded him
  As the month of Nisan is not a time for eulogies, but rather
a time for inspiration, may Daniel's memory (even for those
who did not know him) be a source of inspiration for all of
us.
  May our sense of national unity and purpose at the Seder
remain with us during the difficult decisions that face our
people this coming year; and may God speedily send us Eliyahu
ha'Navi - not only to punish our enemies, but also to help
guide us in the proper direction.
  
                   chag samayach,
                   menachem
 
 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: magid2.pdf
Type: application/pdf
Size: 44503 bytes
Desc: not available
Url : http://www.atlchai.org/pipermail/par-new/attachments/20070401/c713fabe/attachment-0001.pdf 

From tsc at bezeqint.net  Sun Apr  1 08:04:30 2007
From: tsc at bezeqint.net (Menachem Leibtag)
Date: Sun, 1 Apr 2007 08:04:30 -0400
Subject: [Par-new] MAGID - part Two
Message-ID: <00ad01c77455$e76c5ff0$6401a8c0@IBM1EA96DDE709>

the file send earlier, was not the newer version
please use this file instead, and you can delete the email sent
earlier today
 
*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
  In Memory of Rabbi Abraham Leibtag
 Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************
 
SOME ADDITIONAL THOUGHTS FOR LEIL HA'SEDER 
                [from 5766]  
 
"HA LACHMA ANYA"
 This opening paragraph of MAGID is difficult to understand not only
due to the Aramaic, but also due to its context and content.  Let's
begin by explaining the problems.
    After breaking the middle matza for YACHATZ - we begin MAGGID with
the following statement:
"ha lachman anya..." - 'This [matza that we just broke, and are now
looking at] resembles the poor man's s bread [or our 'affliction
bread'] that our forefathers ate in the land of Egypt.'
 
 First of all, it would make more sense to understand this statement
as the completion of YACHATZ (since it refers to the matza that we
just broke), and not necessarily the beginning of MAGGID (for it
doesn't tell the story).  However, even if this section is not an
integral part of Maggid, it will form a significant transition between
'yachatz & maggid'- as we shall soon explain.
 
    Secondly, this opening statement leaves us with the impression
that we are eating matza at the Seder to remember how Bnei Yisrael ate
matza during their slavery.  However, Sefer Shmot leaves us with the
impression that we eat matza in order to remember the hurried nature
in which Bnei Yisrael left Egypt (see Shmot 12:33-40 and subsequently
13:3 & 13:8).
    In other words, should we be explaining at this time that matza on
our table is to remind us of our slavery, or to remind us of our
redemption?
    The simplest answer would be to explain that 'this is the matza
that our forefathers ate in Egypt - when they brought the very first
korban Pesach'!  In other words, we are not stating that this poor
man's bread was the 'staple' of the daily diet of our forefathers in
Egypt - rather, it is the special bread that God commanded us to eat
with the original Korban Pesach (see Shmot 12:8).  
    Furthermore, the reason for calling this bread "lechem oni" [lit.
either bread of affliction or bread of poverty] is obviously based on
Devarim 16:3 ["shivat yamim tochal alav matzot lechem oni - ki
b'chipazon...."].  However, when studying the context of those psukim
(see Devarim 16:1-4), the phrase "lechem oni" can be understood as a
description of what matza is, and not necessarily as the reason for
the commandment to eat it.
[In other words, the question is whether 'lechem oni' defines for us
WHAT matza is, or explains WHY we eat matza.]
 
    This returns us to our discussion of the two reasons for matza
(see TSC shiur on Parshat Bo) - where we explained that the reason for
eating matza with the original Korban Pesach in Egypt had nothing to
do with the fact that we later rushed out on the next day.  Rather,
there had to be some intrinsic reason for eating matza (and not
chametz) with that korban; either to remind us of our slavery, or to
symbolize our need to reject Egyptian culture to be worthy of
redemption.
    
    If we continue with our understanding that this is the'matza' that
our forefathers ate together with the first Korban Pesach, then the
next statement of "kol dichfin" - which otherwise is very difficult to
understand - begins to make sense.  Let's explain why.
    The next statement (right after explaining that this matza used to
be eaten by our forefathers) - at first sounds like an invitation:
"Anyone who is hungry, let him come and eat, anyone who is in need,
let him come and join in the Pesach, this year 'here', next year in
the Land of Israel; this year - slaves, next year - free men"
 
 It can be understood in one of two ways, either:
* an open invitation for others to join us. - or
* a quote of what our forefathers once said.
 
    These two possibilities are a result of how one understand  s the
word "v'yifsach" in the phrase "kol ditzrich yete v'yifsach" [anyone
who needs, let him come and join our Pesach].  
    If we take the word "va'yifsach" literally, then this must be an
invitation to join in the korban Pesach - and hence, it must be a
quote from an earlier time period.
    If "va'yifsach" is not translated literally, and hence it refers
to the Seder, then this section was composed to be recited as an
invitation (to the Seder).  But this wouldn't make much sense at this
time, since everyone is already sitting down, and considering that
we've already made Kiddush and eaten "karpas" - isn't it a bit late to
be inviting people! 
    Let's return therefore to the possibility that "va'yifsach" refers
to the actual 'korban Pesach' (which seems to be the simple meaning of
this word).  If so,  then we can easily pinpoint exactly who we are
quoting - as it must be from a time when the korban Pesach was
offered, but also when we were not yet living in Israel, and still in
slavery!.  There answer is simple - this must be a quote of what our
forefathers said to one another (translated into Aramaic) in
preparation for the very first korban Pesach (i.e. the one in Egypt,
as described in Shmot 12:1-23).
    It can only refer to that very first korban Pesach, for that was
the only time in Jewish history when the korban Pesach was offered
when we were both (1) in slavery (hoping next year to be free) - and
(2) living outside the Land of Israel (hoping be next year in the Land
of Israel)! 
    If this interpretation is correct, then the flow of topic makes
perfect sense.  We break the matza, and explain that this was the same
type of bread that our forefathers ate with the first korban Pesach in
Egypt, and then we quote what they said to one another in preparation
for that special evening - fulfilling what God instructed them in
Parshat ha'Chodesh (see Shmot 12:3-8!).
    This quote of our forefathers, from the very first Seder in Jewish
History, is quite meaningful - for we begin MAGGID by emphasizing the
connection between our own Seder and the very first Seder that Am
Yisrael kept thousands of years ago (and its purpose).  By quoting
from the special atmosphere of that very first korban Pesach family
gathering, we highlight the continuity of our tradition and our hope
for the fulfillment of its goals.  
    [Note how this would conform to Shmot  12:14, in its context!]
 
MAGID & SEFER DEVARIM
 For those of you familiar with our Intro shiur to Sefer Devarim (i.e.
in regard to the structure of the main speech), it will be easier to
appreciate why the Haggada begins its answer to the "ma nishtana" with
"avadim hayinu...".   [Or basically, Shmuel's opinion for "matchilim
b'gnut" in the tenth perek of Mesechet Psachim"/ see 116a.]
 Recall how that speech began in chapter 5, where Moshe Rabeinu
introduces the laws [the "chukim upmishpatim"] by explaining how they
part of the covenant that God had made with Am Yisrael at Har Sina;
while the laws themselves began with the famous psukim of Shema
Yisrael that begin in 6:4.  
    In that context, the question in 6:20 concerns the inevitable
question of children relating to the very purpose for keeping all of
these laws, while the phrase "avadim hayinu" (see 6:21) is only the
first line of a four line answer to our children, that explains why
God chose us, and why we are obligated to keep all of His laws (see
6:20-25).
 Hence, it is not by chance that the Haggada uses specifically this
pasuk to explain why we are obligated to 'tell the story of the
Exodus' every year, as that very pasuk begins the Torah's explanation
for why we are obligated to keep all of God's laws. 
 Note as well how the pasuk of "v'otanu hotzi m'sham lmaan. [for the
purpose of]..." (see 6:22-23) is quoted at the end of MAGID in the
"bchol dor v'dor" section - and not by chance!
    Recall as well how the final mitzvot of this lengthy speech are
found in chapter 26, namely "mikra bikkurim" and "viddui maasrot". 
    In light of our study of Sefer Devarim and the sources in Sefer
Shmot for Maggid (relating to how the experience in Egypt served to
sensitize the nation - to act properly once they become sovereign in
their own land), one can suggest an additional reason for why Chazal
chose Mikra Bikurim - from Devarim chapter 26 - as the official
'formula' by which we tell the story.  Note not only how the
declaration in 26:5-9 constitutes a thanksgiving to God for His
fulfillment of brit bein ha'btarim, but notice also the closing line
in 26:11, where once again we are called upon to be sure that the
stranger and Levite share in our happiness (for they have no Land of
their own, and hence not able to bring their own first fruits).
    It should also not surprise us that the next law, "vidduy maasrot"
at the end of every three years, emphasizes this very same theme.
Simply read its opening statement in 26:12-13, focusing on the need of
the farmer to give the necessary tithes to the poor and needy, the
orphans, widows, and strangers.  Only afterwards does he have the
ethical 'right' to pray to God that He should continue to bless the
land and its produce - see 26:15!  This law forms a beautiful
conclusion for many of the earlier laws in the main speech of Sefer
Devarim, again a set of laws originally given to Bnei Yisrael at Har
Sinai (see Devarim 5:28).
    
    One could even suggest that reciting these psukim as well may be
what the statement in the Mishna in Pesachim refers to when
instructing us to read from Arami oved Avi (from Devarim 26:5) until
we finish the ENTIRE Parsha.  If we read the entire Parshia, the
should certainly should include 26:11, and may even allude to 26:12-15
(|"vidduy maaser"), (and in my humble opinion even to the concluding
psukim of the entire speech in 26:16-19!). ["v'akmal"]
    
 
YACHOL M'ROSH CHODESH
 To appreciate the "hava amina" for why one might think that the
mitzvah to tell the story may begin already from Rosh Chodesh,
carefully review Shmot 12:14 - noting what day the phrase "ha'yom
ha'zeh" may be referring to, based on its context from Shmot 12:1-6.
    In other words, the day referred to in the phrase: "v'haya ha'YOM
HA'ZEH lachem l'ZICHARON" could either be rosh Chodesh (based on
12:1-2); or the day that the korban Pesach was offered (i.e. the 14th
during the day towards evening ="yachol m'b'od yom", based on 12:6).
The conclusion however is that the mitzvah can only be fulfilled on
the evening of the 15th, based on Shmot 13:8 in the context of 13:3-8!
Read those psukim carefully, noting especially 13:5, and you'll see
why.  
[Note as well the connection between 12:14 & 12:15-20, as well as the
connection between 12:21-27 with 13:3-8!.]
 
V'ACHSHAV KIRVANU HA'MAKOM L'AVADATO
  This key statement of the MAGID section (as discussed in our shiur
on MAGID), that God chose the Jewish people in order that they could
serve Him (by acting as His model nation) - is proven not only from
our quote of Yehoshua 24:1-3, but more so from the remainder of that
chapter - a 'must read' for anyone not familiar with that chapter!  
    For those of you familiar with Sefer Yehoshua, here's an
observation that you may appreciate.  One could suggest that the
gathering, as described in Yehoshua 24:1-27, may have taken place at
an earlier time, even though it is recorded in the final chapter of
the book.   Based on the content of this speech (and challenge) by
Yehoshua for the entire nation to serve God - it would have made more
sense for this gathering to have taken place soon after the original
wave of conquest, and not at the end of his life. 
    In my opinion, the most logical time for this gathering to have
taken place would have been at the same time when Bnei Yisrael first
gathered at Har Eival to re-convene their covenant with God, in
fulfillment the God's command in Devarim 27:1-8!  This covenantal
gathering, similar to the original covenantal gathering at Har Sinai
(compare w/Shmot 24:3-11) is described in detail in Yehoshua 8:30-35.
Note that the city of Shechem - where the events in chapter 24 take
place, is located at the foot of Har Eival (where the events in
chapter 8:30-35 take place!
    Even though the events in chapter 24 should have been recorded
after the events in 8:30-35, Sefer Yehoshua preferred to 'save' that
speech for its concluding section, because of its thematic and
everlasting significance. 
 If so, then Yehoshua chapter 23 would have been the last gathering of
the people with Yehoshua prior to his death (as seems to be simple
pshat of the opening psukim of that chapter), while the events
described in chapter 24 were 'saved' for the conclusion of the book
(even though they took place much earlier).  [Note how the story of
Yehoshua's death in 24:28-33 is not an integral part of the story in
24:1-27]
    Hence, it may not be by chance that the Haggada quotes from this
chapter to present its key point - that God chose us, and gave us the
special Land, for the purpose that we would be able serve Him. Its
thematic importance results in its special placement at the conclusion
of Sefer Yehoshua, and similarly, at a key position in MAGID.
 
ETHICS & the EXODUS - [re: BRIT BEIN HA'BTARIM]
     [REMEMBER WHAT THEY DID TO YOU
 The fact that God had already 'promised' Avraham Avinu at the same
time when he was first chosen - that there would be a need for his
offspring to become enslaved by another nation BEFORE becoming (and
possibly in order to become) God's special nation (see Breishit
15:1-18) - begs us to search for a thematic reason for the necessity
of this bondage.
[Indeed, some commentators see this 'bondage' as a punishment for
something that Avraham may have done wrong (see Maharal - Gevurot
Hashem); nonetheless, the simple pshat of Breishit chapter 15 is that
this covenant was part of God's original plan.
    We should also note that according to Seforno (based on Yechezkel
20:1-10), even though God forecasted our slavery, it didn't have to be
so severe. Its severity, he explains, was in punishment for Bnei
Yisrael's poor behavior. 
See Seforno's intro to Sefer Shmot and his commentary on Shmot 1:13.
.]
 
 A rather obvious Biblical 'hint' to what the nation would 'gain' from
this difficult experience; may be alluded to in the numerous
commandments that Bnei Yisrael receive at Matan Torah (after leaving
Egypt) that include the special 'reminder' of "v'zacharta ki eved
ha'yita b'eretz Mitzraim".  Most often, this phrase is found not as a
separate mitzvah, but rather as an additional comment following a law
concerning the proper treatment of the 'less-fortunate' - as an extra
incentive to keep some of the most very basic ethical laws of the
Torah.
 To prove this, simply review the following list of sources in your
Chumash, paying careful attention to when and how this phrase is
presented, noting both its topic and context:
 
 See:
* Shmot 22:20 & 23:9  (note the type of mitzvot found in numerous laws
recorded between these two psukim). Note especially "v'atem y'datem et
nefesh ha'ger" in 23:9, that phrase highlights our above assertion.
* Vayikra 19:33-36 (concluding "Kdoshim tihiyu"!)
* Vayikra 20:26! and 25:55!  (note the context of Vayikra 25:35-55,
noting especially 25:38.)
* Devarim 5:12-15 (shabbos is to allow our servants a chance to rest
as well - v'zachrta ki eved hayita...")
* Devarim 10:12-20; in regard to how we must emulate God, just as he
'loves the stranger' - so must we.
* Devarim 16:11-12, in regard to "simchat yom tov"
* Devarim 24:17-18, noting context from 23:16 thru 24:18
* Devarim 24:19-22, continuing same point as above
* Note as well concluding psukim in Devarim 25:13-16, noting how the
conclude the 'arami oved avi" section!
 
    In light of these sources (a 'must read' for those not familiar
with these psukim), it becomes clear that part of God's master plan
when promising Avraham Avinu (at "brit bein ha'btarim") that his
offspring would first undergo oppression in a foreign land; and only
afterward become a great nation (see Breishit 15:13-18) - was to
'sensitize' His people, both as individuals and as a nation, towards
the need to be caring of the oppressed and downtrodden.  
    God is angered when any nation takes advantage of its vulnerable
population (see story of Sedom in Breishit chapters 18-19, noting
especially 18:17-21!).  In our shiurim on Sefer Breishit, we suggested
that this may have been one of the underlying reasons for God's choice
of a special nation, a nation that will 'make a Name for God', by
setting an example in the eyes of there nations, of ideal manner of
how a nation should treat its lower classes, and be sensitive to the
needs of its strangers and downtrodden. [Note also Yeshayahu 42:5-6!]
    Hence, after Bnei Yisrael leave Egypt, they must receive a special
set of laws are Har Sinai that will facilitate their becoming that
nation.  As they are chosen to become God's model nation (see Devarim
4:5-8), these laws must set reflect a higher standard, to serve as a
shining example for other nations to learn from.  Note as well how the
opening laws of Parshat Mishpatim (which immediately followed the Ten
Commandments), begin with special laws for how to treat our own
slaves, whether they be Jewish (see Shmot 21:1-11) on non Jewish (see
21:20 & 21:26-27).  [Not to mention the laws that follow in 22:20 thru
23:9.]
    
    With this background, one could suggest that the suffering of Bnei
Yisrael in Egypt, their being taken advantage of by a tyrant etc.,
would help teach  Bnei Yisrael what 'not to do' when they form their
own nation, after leaving Egypt.
    As anyone who is familiar with the prophecies of Yeshayahu and
Yirmiyahu (and just about all of the Neviim Acharonim) knows, it was
this lack of this sensitivity to the poor and needy that becomes the
primary reason behind God's decision to exile Israel from their land,
and destroy the Bet Ha'Mikdash. 
 
    In light of the numerous sources in Sefer Devarim as well in this
regard, we may have an additional reason for why Chazal chose Mikra
Bikurim - from Devarim chapter 26 - as the official 'formula' by which
we tell the story.  Note not only how the declaration in 26:5-9
constitutes a thanksgiving to God for His fulfillment of brit bein
ha'btarim, but notice also the closing line in 26:11, where once again
we are called upon to be sure that the stranger and Levite share in
our happiness (for they have no Land of their own, and hence not able
to bring their own first fruits).
    It should also not surprise us that the next law, "vidduy maasrot"
at the end of every three years, emphasizes this very same theme.
Simply read its opening statement in 26:12-13, focusing on the need of
the farmer to give the necessary tithes to the poor and needy, the
orphans, widows, and strangers.  Only afterwards does he have the
ethical 'right' to pray to God that He should continue to bless the
land and its produce - see 26:15!  This law forms a beautiful
conclusion for many of the earlier laws in the main speech of Sefer
Devarim, again a set of laws originally given to Bnei Yisrael at Har
Sinai (see Devarim 5:28).
    
    One could even suggest that reciting these psukim as well may be
what the statement in the Mishna in Pesachim refers to when
instructing us to read from Arami oved Avi (from Devarim 26:5) until
we finish the ENTIRE Parsha.  If we read the entire Parshia, the
should certainly should include 26:11, and may even allude to 26:12-15
(|"vidduy maaser"), (and in my humble opinion even to the concluding
psukim of the entire speech in 26:16-19!). ["v'akmal"]
    
    Let's return to the very pasuk from which we learn our obligation
to tell the story at MAGID -"v'higadta l'bincha... ba'avur zeh asa
Hashem li b'tzeiti m'Mitzraim".  If we follow the interpretation of
Rashi & Ibn Ezra, then this pasuk is commanding us that we explain to
our children that God took us out of Egypt in order that we can
fulfill His commandments.  Or in essence, God orchestrated all the
events forecasted in "brit bein ha'btarim" to help us become that
nation. Certainly, this approach fits nicely with our explanation thus
far.
    Finally, the very pasuk that Chazal chose that we must recite
twice a day to 'remember' the Exodus on a daily basis (see Bamidbar
15:41) may allude as well to this very same point: "I am the God who
took you out of Egypt IN ORDER to be your God...".  In other words,
God took us out of an Egypt in order that He become our God.  Our
deeper understanding of the purpose of the events (of the Exodus) can
serve as a guide and a reminder to assure that we act in the manner
that we assure that we will indeed become God's model nation.
[See Ibn Ezra to Shmot 13:8!]
 
    In summary, when we thank God for taking us out of Egypt, we must
remember not only how He saved us, but also why He put us there in the
first place - i.e. to sensitize us towards the needs of the oppressed.
Should we not internalize that message, the numerous "tochachot" of
the Bible warn us that God may find it necessary to 'teach us the hard
way' once again (see Devarim 28:58-68 and Yirmiyahu 34:8-22).
 In this manner, the message of the Seder is both particular (in
relation to the obligations of the Jewish people) and universal (in
relation to their purpose - the betterment of all mankind).  It is not
only an evening when we express our gratitude to God, but also and
evening dedicated to recognizing the destiny for why we were chosen.
====
 

 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: magid2.pdf
Type: application/pdf
Size: 44503 bytes
Desc: not available
Url : http://www.atlchai.org/pipermail/par-new/attachments/20070401/a10bd6c6/attachment-0001.pdf 

From tsc at bezeqint.net  Fri Apr 27 06:56:59 2007
From: tsc at bezeqint.net (Menachem Leibtag)
Date: Fri, 27 Apr 2007 06:56:59 -0400
Subject: [Par-new] Parshat Kedoshim - additoinal shiur (revised from last
	year)
Message-ID: <030801c788ba$c83416e0$6401a8c0@IBM1EA96DDE709>

*************************************************************
        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.
 

 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: kdosh3.pdf
Type: application/pdf
Size: 42222 bytes
Desc: not available
Url : http://www.atlchai.org/pipermail/par-new/attachments/20070427/32495d26/attachment-0001.pdf 

