[Par-reg] For Parshat Shoftim - additional shiur

Thu Aug 28 03:13:16 EDT 2014

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        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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