[Par-reg.w] For Parshat Shoftim - additional shiur

Thu Aug 24 07:12:02 EDT 2017

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

'What defines what's right?''
For Parshat Shoftim

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

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

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

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

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

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

THE CASE ISN'T CLOSED!
Most probably for either one or both of these reasons, Rashi offers a very
different interpretation, understanding the pasuk as an additional command
(and not a summary):
"[This pasuk] tells us that should they afterward find the murderer – that
he must still be put to death; and THAT is [what the Torah refers to] as
'yashar b'einei Hashem'." (see Rashi on 21:9)
Rashi's commentary solves both problems, for it understands this pasuk as
an additional command – i.e. to continue to look for the murderer – EVEN
THOUGH the "eglah arufa" ceremony was performed; while this 'continued
search for the murderer' is referred to (and rightly so) as 'what is
correct is the eyes of God'.
To summarize Rashi's approach, this additional pasuk is basically coming to
teach us that just because we have performed the ritual – the case is not
closed!  Instead, we must continue to pursue justice – for that is what is
'correct in the eyes of God'.
[See English translation of 21:9 in Stone Chumash, which reflects (as
usual) Rashi's commentary, and how it differs from the other English
translations.]

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

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

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

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

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

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

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

HOW DO WE KNOW WHAT'S 'RIGHT IN GOD'S EYES'
Before we conclude our short shiur, it is highly recommended that you read
the Ramban on Devarim 6:18, where he solves the problem of how we are
supposed to figure out what is considered "yashar b'einei Hashem".  [Note
how (and why) he brings so many examples from Parshat Kedoshim!]
    It is also recommended that you see the Ramban on Devarim 21:5-8, where
he quotes the Rambam's explanation how the laws of "eglah arufa" are not
quite ritual, but rather a set of very wise steps to increase the chances
that the true murder will be found!

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

shabbat shalom,
menachem
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