[Par-reg] Parshat Ki-teyze - shiur #1
Menachem Leibtag
tsc at bezeqint.net
Wed Sep 14 16:19:23 EDT 2005
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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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