[Par-reg] For Parshat Ki-teyze

Menachem Leibtag tsc at bezeqint.net
Thu Sep 4 16:08:42 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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        PARSHAT KI-TETZEH - shiur #1

 

     Mitzvot, and more mitzvot; and all kinds
of mitzvot -

that would certainly sums up Parshat
Ki-Tetzeh.  Yet, it's not

clear why we find such a wide assortment and
random

progression of laws specifically at this
point in Sefer

Devarim?

     In this week's shiur, we attempt to
explain why - by

exploring an intriguing parallel to the Ten
Commandments,

while considering (once again) the overall
theme of the 'main

speech' of Sefer Devarim.

 

INTRODUCTION

     As Parshat Ki-Tetzeh is located towards
the end of the

main speech of Sefer Devarim, we begin our
study with a quick

review of the overall structure of that
speech in order to

appreciate its location:

 

  *  MOSHE'S INTRODUCTORY REMARKS  (5:1-6:3)

  Explaining when these mitzvot were
originally given (i.e.

  at Ma'amad Har Sinai) and why Bnei Yisrael
heard them

  from Moshe (and not directly from God).

  

  *  THE 'MITZVA' SECTION  (chapters 6 - 11)

  Mitzvot relating primarily to 'ahavat
Hashem':- the

  proper attitude towards God and the
underlying obligation

  to observe His mitzvot and not to follow
other gods.

  

  *  THE 'CHUKIM & MISHPATIM' SECTION
(chapters 12-26)

  A wide assortment of commandments
pertaining to the

  establishment of an 'am kadosh' [a holy
nation], its

  institutions, and various laws pertaining
to daily life

  in the Land of Israel.

 

     Therefore, Parshat Ki-Tetzeh (chapters
21 thru 25) forms

an integral part of the chukim & mishpatim
section, and

continues the laws found in Re'eh (chapters
12 thru 16) and

Shoftim (chapters 17 thru 20).

  Nonetheless, the laws in Ki-Tetzeh appear
to be quite

different.  Recall how the mitzvot in Re'eh
focused on the

establishment of national institutions such
as the national

center - 'ha-makom asher yivchar  Hashem',
and 'shmitta'

economic system, and the national pilgrimage
holidays,  etc.

Similarly, Parshat Shoftim discussed the
institutions of

national leadership such as the judges, the
supreme court, the

king, the 'navi' , etc, cities of refuge and
laws governing

the army and war.

     In contrast, the focus of Parshat
Ki-Tetzeh seems to

shift from mitzvot related to the nation as a
whole to mitzvot

directed towards the individual.  As you scan
through the

Sedra, note how virtually all of its mitzvot,
despite their

variety, all relate in one manner or other to
the behavior of

the individual within the framework of the
society, and most

all of them fall within the category of 'bein
adam le-

chavero'.

 

A LOGICAL PROGRESSION

     One could suggest a very logical reason
for this order of

presentation.  Considering that the purpose
of these mitzvot

in the main speech is Bnei Yisrael's creation
of an am kadosh

in the land which they prepare to conquer
(see 6:1, 14:1-2 &

26:16-19), the speech must first and foremost
address the

establishment of the national institutions.
Once this

national framework is achieved (e.g. a
judicial system, an

organized system of educators and national
leaders, a national

center, etc.), a more suitable environment
will exist to

facilitate and encourage the fulfillment of
the numerous

mitzvot bein adam le-chavero that relate to
the daily life of

each individual.  Without an organized court
system and a

functioning political entity, it would be
quite difficult to

establish a society characterized by 'tzedek
u-mishpat'.

 

     Although this reasoning line adequately
explains the

overall structure of this unit (i.e. the
progression from

Parshat Shoftim to Parshat Ki-Tetzeh), it
does not account for

the internal sequence within this Parsha.  To
explain this

arrangement, our shiur will follow the
approach of Rav David

Tzvi Hoffman, who demonstrates that the
mitzvot of the main

speech in Sefer Devarim follow the order of
the aseret ha-

dibrot [the Ten Commandments].

 

THE PARALLEL TO THE DIBROT

     To properly identify and appreciate this
parallel, we

must first draw a distinction between the
first two

commandments and the remaining eight.

     Recall that the first two dibrot deal
primarily with the

concept of 'emuna', fundamental belief in
God, and the

consequent prohibition against worshipping
other so-called

deities.  As such, these two dibrot form the
very foundation

of our relationship with God.  The remaining
eight

commandments involve concrete, practical
mitzvot, through

which this fundamental principle is
implemented and manifest

in daily life.

  [Recall as well that the first two dibrot
are recorded in

  first person, while the remaining eight are
in third

  person.  See Ramban's explanation for this
in his

  commentary on Shmot 20:4 (i.e. the reason
for the switch

  from first to third person in the third
dibbur).]

 

     Corresponding to this division within
the dibrot, the

mitzvot of the main speech of Sefer Devarim
also divide into

two very distinct categories:

1)The mitzva section, dealing primarily with
the issue of

  emuna, and hence parallel to the first two
dibrot

2)   The chukim & mishpatim section, the
practical mitzvot

     and hence, parallel to the remaining
eight dibrot

 

     Taking this parallel one step further,
one may suggest

that the dibrot also provide the general
framework for all the

mitzvot in the  main speech of Sefer Devarim,
and hence its

mitzvot progress in topical order, similar
and corresponding

to the sequence of the Ten Commandments.  In
this sense, each

group of mitzvot in Sefer Devarim could be
understand as an

'expansion' upon the underlying principle of
each dibbur.

  [To borrow an analogy from Hilchot Shabbat,
the dibrot

  serve as 'avot' (primary categories), while
the mitzvot

  in the main speech may be considered
'toladot' (secondary

  categories).]

 

     The rationale for this parallel is
clear.  The mitzvot of

the main speech are the laws to be observed
upon entering the

Land (see 6:1).  Thus, these laws apply the
abstract

principles established in the dibrot to the
realities of life

in the Land of Israel - conquering,
occupying, settling and

establishing a nation.

     Let's use a table to show how our
analysis works:

 

CHAPTERS  DIBUR     TOPIC IN THE MAIN SPEECH

--------  -----
------------------------

     [THE 'MITZVA' SECTION]

6 -11     I    'Ahavat Hashem', emuna

          II   Not worshipping 'avoda zara'

                    (parallel to the first
two dibrot)

 

     [THE 'CHUKIM U-MISHPATIM' SECTION]

12-14     III  Establishing God's Name in the
mikdash

             ["ha-makom asher yivchar Hashem
leshaken shmo sham"]          

               (parallel to not saying God's
Name in vain)

 

15-16     IV   The seven year Shmitta cycle
and the holidays

                    (parallel to Shabbat)

 

17-18     V    The national leaders (shoftim,
kohanim & levi'im,

               melech, and navi)

                    (parallel to honoring
parents)

 

19-21     VI   Laws of war, murder, and
capital punishment

                    (parallel to 'lo
tirtzach')

 

21-25     VII-X  Misc. laws 'bein adam
le-chavero'

                    (parallel to the final
dibrot)

 

  [Before analyzing this structure in detail,
a word of

  clarification is in order.  The fact that
the dibrot

  create the framework for the entire speech
does not mean

  that there can be no digression whatsoever
from this

  general arrangement.  The dibrot merely
establish a

  general pattern; this does not constrain
the internal

  structure of the individual parshiot.  We
may (and

  should) find isolated exceptions to this
structure, but

  they in no way undermine or violate the
general pattern.]

 

     Let's take a few minutes to explain the
parallels cited

in the table above.

 

THE 'MITZVA' SECTION AND THE FIRST TWO DIBROT

     As we explained in detail in our shiur
on Parshat Va-

etchanan, the mitzva section of the main
speech contains

primarily mitzvot relating to ahavat Hashem
as well as

numerous warnings against avoda zara
(worshipping other gods).

These mitzvot of the mitzva section simply
apply the

principles of the first two dibrot to the
realities of

conquering and settling the Land.

     For example, to ensure God's assistance
and continued

'Hashgacha' (providence) throughout the
conquest, Bnei Yisrael

must maintain the proper religious outlook
and exhibit general

belief in, and devotion to, God
('Anochi...').  They must also

be careful not to fall into the trap of
'over-confidence' or

fall prey to the influences of the decadent
Canaanite culture

('Lo Yihiyeh...').

  [Scan chapters 6-11 to verify this point.
Pay particular

  attention to 11:22-23.]

 

THE 'CHUKIM & MISHPATIM' SECTION

     Likewise, the mitzvot in the 'chukim
u-mishpatim' section

apply the underlying principles of the
remaining dibrot to the

realities of forming a nation in the Promised
Land.

     We will now explain how each general
topic in this

section relates to its corresponding dibbur:

 

LO TISA (chapters 12-14)

     As we explained in our shiur on Parshat
Re'eh, the

primary topic of these chapters is 'ha-makom
asher yivchar

Hashem leshaken *shmo* sham'.  In order to
make God's Name

great (both to ourselves and to other
nations), Bnei Yisrael

must build a bet mikdash, frequent that site,
and gather there

on the national holidays.

     This commandment relates to the third
dibbur - not to

utter God's Name in vain.  Just as it is
forbidden to defile

His Name through irreverent and inappropriate
misuse, so is it

imperative that we proclaim His Name in the
proper manner.

The primary vehicle designated by the Torah
to accomplish this

goal is the bet mikdash - 'ba-makom asher
yivchar... leshaken

shmo sham' (see Melachim I 8:15-21,41-43!).

     At this site the levi'im sing and praise
God (see 10:8,

21:5), proclaiming and sanctifying His Name.
Ideally, Am

Yisrael's service of God at the bet mikdash
would lead all

mankind towards the recognition of His Name
(see Isaiah 2:1-4,

Melachim I 8:41-42).

  [To confirm this point, simply read the
second paragraph

  of the 'Aleinu leshabeiach' prayer, the
section of 'al

  ken nekaveh...' (in case you never paid
attention to the

  words before).]

  

  [The 'digressions' from this theme in
Parshat Re'eh, i.e.

  the warnings against those who encourage
idolatry

  (chapter 13) and the dietary laws
(14:3-21), may also

  relate to this general theme.  The worship
of other gods

  by definition detracts from God's Name and
honor, and the

  dietary laws involve the general obligation
to be an am

  kadosh (14:2,21).  In our shiur on Parshat
Kedoshim, we

  connected this topic to the mishkan, as
well.]

 

SHABBAT  [Devarim chapters 15-16]

     In the second half of Parshat Re'eh, we
find two types of

toladot or derivations of Shabbat.  First,
there appears the

law of shmitta, which follows a seven year
cycle, similar to

the seven-day cycle of Shabbat.  These laws
require that we

rest from working the land on the seventh
year.  In fact, we

can even consider the laws of 'ma'aser sheni'
& 'ma'aser ani'

- which are functions of this seven year
shmitta cycle - as

the beginning of this section and a suitable
'transition' from

the topic of 'ha-makom asher yivchar Hashem'
(note 14:22-23).

     The second 'tolada' is the 'shalosh
regalim' - the three

pilgrimage holidays described in chapter 16.
Their most basic

and obvious resemblance to Shabbat is the
prohibition of work

(note Vayikra 23:1-3).  Furthermore, the
number seven emerges

as the prominent number in the context of
these holidays.  For

example, on chag ha-matzot we celebrate seven
days (16:3, note

also 16:8! - cute?) and then we count seven
weeks until

Shavuot (16:9).  On Sukkot, we once again
celebrate for seven

days (16:13).

  [In fact, these holidays are actually
referred to as

  shabbatot in Parshat Emor!  The laws of
'bechor' which

  precede this section (15:19-23), clearly
connect to the

  discussion that immediately follows, the
laws of Pesach

  (see Shmot 13:1-2,11).]

 

"KABED ET AVICHA..." - HONORING PARENTS
(16:18 -18:22)

     The concept of respecting authority at
the family level

can easily be expanded to the national level
as well, thus

requiring us to honor our national leaders.
Therefore, the

next general topic - the national
institutions of leadership:

the shofet, kohen, levi, navi, and melech -
can be understood

as a tolada of 'kibbud horim'.  This section
includes the laws

regarding proper and effective leadership -
judges, officers,

priests, the king, and nevi'im - as well as
laws pertaining to

leaders who must be eliminated: those who
lead others to idol

worship (17:2-7), false prophets (18:20-22),
and dissenters

who disobey and snub the authority figures
(see 17:12).

 

LO TIRTZACH  [chapters 19-21]

     The toladot of 'lo tirtzach' are the
most obviously

identifiable, as  almost all the laws in
these three chapters

expand upon (or apply) this dibbur.  For
example:

  *  Cities of Refuge - 'arei miklat'
(19:1-10);

  *  How to conduct war (20:1-20);

  *  'Egla arufa' (21:1-9) - an entire city
takes

responsibility for a homicide perpetrated in
its vicinity;

  * Yefat to'ar (21:10-15) - laws relating to
prisoners of

war;

  * Ben sorer u-moreh (21:18-21)- the
obligation to kill a

rebellious son;

  * Hanging the body of a criminal executed
by bet-din

(21:22-23);

  *  The mitzva of 'me'akeh le-gagecha' -
putting a fence on

one's roof to prevent accidental death
(22:8-9), etc.

  [Many laws presented in this section
digress from the

  specific context of murder and related
issues.  However,

  even those digressions relate in one form
or other to

  mitzvot bein adam le-chavero.]

 

LO TIN'AF  [22:10-23:19]

     This section includes various laws
relating to forbidden

sexual relationships.  For example:

  *  'Motzi shem ra' (22:13-21);

  *  The classic 'affair' (22:22);

  *     The various instances of 'na'ara
ha-me'orasa' (22:23-

29);

  *  Forbidden marriages (23:1-9) and
harlotry (23:18-19).

    [Once again, this section contains
several other

    laws, in addition to these derivations of
'lo

    tin'af'.  Many of these digressions are
tangentially

    related to the central theme.  The
prohibition of

    'kil'ayim' (working two animals together)
and

    'sha'atnez' (weaving two types of thread)
[22:10-11]

    may be perceived as relating to illegal
marital

    relationships.  Likewise, the mitzva of
tzizit

    (22:12) could be understood as a
prevention of 'lo

    tin'af', as suggested by Bamidbar 15:39.]

 

LO TIGNOV  (23:20-26)

  *  The prohibition against taking interest
(23:20-21);

  *  Stealing from 'hekdesh' by neglecting
one's vow (23:22);

  *  Stealing produce from one's neighbor's
field (23:25-26).

 

     Various other toladot of 'lo tignov'
sneak in at

different places throughout Parshat
Ki-Tetzeh, mostly as

'digressions' within other sections (see
below).

 

LO TA'ANEH BE-RE'ACHA ED SHAKER (19:15-21)

     The situation of 'eidim zomemim' could
be considered a

tolada of 'lo ta'aneh...'.  It is included in
the lo tirtzach

section as a 'digression' from the laws of
capital punishment

(19:11-13).  Admittedly, this case does not
fit 'perfectly'

into the overall structure, but is included
within the

framework of bein adam le-chavero (see
below).

 

LO TACHMOD (chapter 24)

     'Lo tachmod' is so general that almost
any law can be

considered its tolada.  Most likely, the laws
of divorce (24:1-

4) and the prohibition of the divorcee to
remarry his

remarried wife prevent a 'legal affair' (read
24:4 carefully),

and could be considered a tolada of coveting.

     Also, throughout the mitzvot in Parshat
Ki-Tetzeh we find

many references to 're'echa' (as in 've-chol
asher le-re'echa'

5:17, such as the laws of eating while
walking through one's

neighbor's vineyard or field (see 23:25-26).
These laws could

also be considered toladot of lo tachmod.
[Note the word

're'echa' in that commandment.]

 

VI-X - AN IMPORTANT NOTE

     As we noted several times in our
analysis, we encounter

many exceptions to this general pattern
within Parshat Ki-

Tetzeh (what we have called 'digressions').
Not all the

mitzvot line up perfectly as toladot of each
dibbur in exact

sequence.  Additionally, the various toladot
of the last five

dibrot seem intermingled within these
chapters.  Nonetheless,

almost all the mitzvot in this Parsha are
toladot of at least

one of the last five dibrot.

     One could suggest that these final five
dibrot actually

comprise a single, general category -
'mitzvot bein adam le-

chavero'.  They all involve conduct and
relationships amongst

people.

  [Significantly, within the 'aseret
ha-dibrot' these final

  five commandments are merged into one pasuk
(according to

  the 'ta'am tachton').]

 

THE FINALE

     The final mitzvot of the chukim
u-mishpatim section

include the mitzva to destroy Amalek
(25:17-19) and 'mikra

bikkurim' (26:1-15).

     One could view the law of destroying
Amalek as a tolada

of 'lo tirtzach' and the finale of this unit
of the last five

dibrot.  [Why this mitzva was chosen to close
this unit will

be discussed iy"H in a shiur for Parshat
Zachor.]

     Similarly, the laws of 'mikra bikkurim'
in chapter 26

complete the topic of 'ha-makom asher yivchar
Hashem' and

hence close the entire chukim & mishpatim
section which now

forms a chiastic structure.  [We will deal
with this parsha

iy"H in next week's shiur.]

 

SIGNIFICANCE

     This parallel may emphasize the point
that all of the

laws of the Torah originate from Har Sinai.
The dibrot, given

directly by God, serve as avot - the very
basic principles of

the covenant between God and Bnei Yisrael.
The mitzvot of the

main speech serve as toladot, applying these
principles to

govern our national and individual conduct.
This model of

'avot and toladot' teaches us that we must
apply the

principles of Matan Torah to every aspect of
daily life.

     Furthermore, this model teaches us that
when we apply the

principles of the dibrot, we raise them to a
higher level.

For example, not only is one forbidden to
steal, one is also

required to return a lost item to its owner.
In this manner,

the laws of 'hashavat aveda' and the
obligation to help even

one's neighbor's animal in distress, both
toladot of lo

tignov, expand the fundamental precept
established by this

dibbur to maintain a heightened sensitivity
to the property of

others, beyond the actual prohibition of
stealing.

     Expanding the principles of Har Sinai to
every aspect of

our daily life, as exemplified by Sefer
Devarim, forms the

basis and foundation of our development into
an am kadosh.

 

                              shabbat shalom,

                              menachem

 

=============================

FOR FURTHER IYUN

A.  As explained in earlier shiurim, Parshat
Mishpatim, which

was transmitted after Matan Torah at Har
Sinai, also features

a collection of mitzvot, quite similar to the
main speech in

Sefer Devarim.

1.  Skim through that set of mitzvot
(20:19-23:33) and try to

find within its structure, as well, a
parallel to the dibrot.

2.  Can you detect the chiastic structure
towards the end?

 

B.  Aside from Parshat Mishpatim and Sefer
Devarim, the only

other collection of laws focusing on issues
bein adam le-

chavero' appears in Parshat Kedoshim.  As
your review Vayikra

chapter 19, see if you can find a parallel to
the dibrot.

 

C.  Use the above shiur to explain why Moshe
deemed it

necessary to repeat the dibrot in chapter 5,
as part of his

introduction to the main speech.

 

D.  Relate the nature of shabbat in the
dibrot as recorded in

Parshat Va-etchanan (as opposed to the dibrot
in Yitro) to the

nature of the laws of shmitta as recorded in
Sefer Devarim

(chapter 15) and in Parshat Behar.  Pay
particular attention

to the aspect of social equality and justice,
etc.

 

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