[Par-reg] Parshat Shoftim - shiur #2 [re: Eglah Arufa]

Thu Sep 4 07:14:37 EDT 2008

[attached is also a source sheet with parshanim]

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

'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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