Shoftim - 6th Portion

Join me as we learnish for Friday the sixth Torah reading of parashim which is chapter 19 verse14. Yesterday we learned about the laws pertaining to the three uh to the laws of the cities of refuge as well as the additional cities of refuge and if a person was killed not unintentionally that the laws of capital punishment applied to them. Today we're going to go to more laws laws pertaining theft uh perjury and as well preparations for when the Jewish people went out to war how and who were obligated to go out to war. Verse 14. You must not push your neighbor's landmark that his predecessors have have made border marks in your territory that you will inherit in the land that God will give you to possess. What does this mean? Rashi explained as follows. That means that there's a property dividing line and you decided to push the property a little more and you move it into your friend's field. You push the border so you can extend your property. So the Gor So I'm sorry. So Rashi continues to ask one second. Why do I need a specific law to tell me I can't extend my property into my neighbor's property? Of course that's stealing. It already says not to steal. Why do I have to tell you not to send my property? Why is the Torah telling me I shouldn't extend my property? It's coming to tell us that if you remove a person's boundaries and you decided to extend your property to somebody else's territory, you're actually abrogating two negative commandments. One, not stealing and also removing boundaries. I would think so maybe this applies also in the land outside the land of Israel. This only applies in the land of Israel. In the land of Israel, you abrogate two negative commandments. However, outside the land of Israel, it's only stealing, not moving property. Verse 15, in fact, the rabbis continue to learn this law of the Talmet. goes on to say, "Not of moving property, but of encroaching on somebody else's property, which means not only literally moving their boundaries, but opening causing them to lose money, whatever it may be, in any other way, by encroaching on their property, whether it's physical actual boundaries or selling something in compet competitive ways. And it has many different varieties and how it expands into Jewish law." Verse 15, here we continue with the laws pertaining to testimony and perjury of testimony. One witness may not be empowered to rise up against a person whether it may be for a sin or any sin offering any sin that he may occur. It has to be according to the testimony of two witnesses according to three witnesses. That's the only time that testimony can stand. From here we have a rule to the entire Torah. Anytime the Torah uses the terminology testimony means two until the Torah calls it one person's testimony. And this we learn from this verse. This teaches us a few laws that the one witness cannot say one person's testimony cannot be good enough to cause a person to be punished. not a physical punishment or not a financial punishment. However, he can impose a p person to take an oath. For example, if a person says to his friend, tell me, give me back the $100 that you borrowed from me. I don't owe you a penny. However, woman comes along and says, I saw that you took money from him. Then he can cause him then he can cause him to take the oath. However, he cannot cause them any financial loss or any physical loss. They cannot it's not good enough for them to document or write what their testimony is or send a translator or send a letter to the best. It should not be a translator between the judges and the witnesses. It has to be the jud witnesses themselves giving the testimony and the judges have to hear it from the witnesses. 16. If a corrupt if two corrupt witnesses, as we mentioned, the word aid now means two witnesses. If corrupt witnesses arise up against the man to bear untenable testimony against him, what does this mean? They come to say things that never happened. This is coming to tell us that it's clear that such a person is telling us such a lie that it's impossible to believe for example after these people come and say witness but two other witnesses come along and say you were with us at this day complaining and displays. So you have witnesses and they come along and say a testimony and somebody else comes along and say one second that never happened. So now verse 17 These two original witnesses have to stand trial themselves in front of the judges that were there in those times. We're talking about these two witnesses. It's talking about telling us that we know why does it say teaching us that witnesses cannot be women as well as it tells us that they have to give their testimony standing that they were part of the argument meaning these are the actual people who are part of the judgment they now become part of the case because witnesses are saying testimony against them saying you were with us and what you're saying is an absolute lie in front of God what does it When they stand in front of the court, it should be as if they're standing in front of God. As it says in front of God, amongst God, God is sitting with the judges and there when they're judging these cases that were there in those days as we previously learned was not considered from the greatest people and was the greatest of all judges. Was like Mosha Aaron and Yif was from the lowest of the low. The Torah tells us in his generation was just like in his generation. And you have to follow and respect the court no matter who they are, no matter what level they're at. If they are the court that was appointed. Verse 18, the judges must investigate thoroughly. And behold, the witnesses have are false witnesses because they testified falsely against their brother. Verse 18, the make an inquiry based according to those who perger these witnesses that they check and investigate those that are coming to say that these w original witnesses are guilty. As we mentioned previously, anytime we say the word aid, even though it sounds singular, it's really referring it's talking about two. So what are you going to do? You're going to do to them like they plotted to do to their brother and you will eradicate eliminate evil from amongst your mists. What are you doing now? So these two witnesses what they plotted to say against the individual the defendant that they're witness they're saying testimony against that same punishment that they wanted that person to get they get like they plotted not like they did from here we learned that if already carried out the the verdict meaning that they already killed the individual they don't kill that it's only what they plotted to do not what they already did their brother Why does the Torah say to their brother? That means there's a case, one of the types of the four methods of death of capital punishment that the Torah had. The Torah tells us there are four different types of capital punishment. There's strangulation. There's killing the person off uh just chopping his head off. And then there is stoning, pelting them with stones. And then the last one which is the most severe which is called strafa by them swallowing a lead a pot full of burning lead which would burn their insides and that would consider burning. The only one that one of the only ones that got that punishment was considered a bascoin a daughter of a cohen who had a promiscuous affair. What happens if witnesses come along and they say about a daughter of a cohen that had a promiscuous affair and then those witnesses are proven and false. Those witnesses will not get the same punishment that they meed out for her. While in other cases they will get the same punishment that they meed out for the individuals that they plotted against they would get the punishment of the fellow that they accused having the affair and that would be through strangulation because it says that she is burnt by the fire. He she is but not the person she had an affair with. Therefore it says to his brother the way he plotted to do it to his brother meaning to what the fellow having the affair would have gotten not like they plotted to do to their sister. However, when it comes to all the other capital punishments, men and women are considered equal. And the people that are plotting against, meaning those that are caught to say false witness against the woman are just like those that say false witness against a man. [snorts] For example, if they come to say testimony that this woman killed a guy, they would shabas or that she desecrated the shabas, they will get the same punishment that she would get as if as she were to get what they plotted against her. Mrs. Because over here the only place that the Torah excluded was only in a case where it's possible to do the punishment a different kind of plotting meaning against the individual who they're accusing having had an affair with the daughter of the Cohen. And therefore the Torah says over here in this case you're going to get the punishment like the man would have gotten not the woman. verse 20 and the remainder those who remain meaning all the other potential witnesses should listen and watch should never continue to do such a thing again like such a terrible thing amongst you meaning that the best has to announce the rabbitical court has to announce why are these people being punished because of what they've done that they've came along and said wrong uh f false witness and they were then caught perjury saying false witness and because of that they are being put to death you should not have pity on them they have to pay for life for a life for eye shame tooth for a tooth hand for a handle a foot for a foot what does this mean as Rashi explains not literally but M meaning money financially. All of these means that if they lied in testimony to be able to accuse a person that he should pay X amount of dollars worth a tooth, a leg or foot, whatever it may be, therefore they would have to pay the same amount to this individual. Now the Torah tells us how the Jewish people would prepare for war. Chapter 20 verse one. when you go out to war against your enemies and you're going to see a horse and a chariot, a great mighty nation greater than you. Don't be afraid of them. God is with you who took you out of Egypt. The Torah puts juxtaposes the case of the preparations of war right after telling us about a person missing a limb. telling us that a person who's missing a limb does not go out to war is not obligated is not in the draft another explanation tell you if you are adjudicate rules properly and justly you could be guaranteed you go out to war be victorious so David says in Psalm 119 I have done justice and righteousness I did not allow. Therefore, God will protect me that I will not fall into the hands of those that tried of my enemies. What does it mean on your enemies? Recognize who your enemy is. Recognize that these people are your enemy. Don't have any mercy or pity on them because they will not have any mercy on you. Sus a horse and a chariot. God says as many as there are as if it's one we also find the angel tells him they'll wipe out Midionites like one person as well in the book of Exodus he says if one horse of Pharaoh came to attack it looks like to you that there's a mighty nation but in my eyes God says it's not a lot verse two and will as you approach the battle and the cohen will then speak to the people will speak to the people says as you get to the border of the city then you're about to leave your borders that's when the cohen will speak which he is anointed for this and he is called the cohen who is anointed to do this job will speak to the people he has to speak to them in the holy tongue not in any other language. Verse three, and he will say to them, "Ora, you're about to approach to go to war on your enemies. You must not let your heart become faint. Do not be afraid and don't be alarmed and don't be terrified before them. Even if the only merit that you have is is the very fact that you said shama in the morning and in the evening it is worthy enough that God will save you from your enemies on your enemies. These people are not your brothers that if you're going to fall in their hands they will not have any mercy or pity on you. This is not like a nation of Judah with Israel. This is not amongst the Jewish people as it says it says as it says in the book of chronicles that the people got up that their names were chosen that they were there in a captivity. It tells us the Torian Chronicles tells us that when the um when there was a war between one of the kings of the Israel against the 10 tribes against one of the kings of Yehuda and they took captivity 200 uh 200 200,000 captives of Yehuda as well as some of the ministers of Ephraim. It tells us that those people that they got them up in the morning and they fed them and they gave them everything they need even though that they were captivity and they were fighting with one another but they still took care of them. However, when you go into fight with the nations of the world then I can have pity on you like your own brothers they will actually um so if they take into captivity there's no hope over here he uses four different terminologies of not being afraid number one he tells them don't be don't be afraid don't let your heart become faint don't be afraid don't be alarmed and you must not be terrified why these four terminologies arbas are This is for the four things that the nations of the world do in war. Number one, they make noise with their shields to scare the people. They bang one with the other to make noise. People should fear that they're coming and to scare them. So this should fra uh you know um you know get them all scared and all worried and this makes them run away. Number two was the same. They make their horses make noises that they go these eons with the horse that it makes these like it sounds like they're running and they're galloping. So there's a lot of them coming and you become very scared. They scream and they sound their horns and all different kinds of noises that they make and therefore the four different kinds of methods that the nations of the world use to scare tactics their enemies the Torah tells the Jewish people not to be afraid don't let your heart become faint from hearing the noises of their horses don't be afraid from the banging of their shields and don't be alarmed from the noises of their horns s and their and their trumpets. And don't become terrified from their screaming of their warriors. Verse four, because God is going with you to wage war against your enemies to save you. They come with the victory of a man of flesh and blood. They rely on their train strength. But you're coming with the victory of almighty God. The Philistines came. They thought they have golas the straight great mighty Goliath that's going to fight against them. What was his end? He fell and all the Philistines fell with them. That's going with them. And that is the camp of the ark that would go with the Jewish people out into war. Verse five. And then the um and then the law enforcement will speak alum to the nations lay saying which man who is the man built a new home and has not yet inaugurated it let him go home maybe he might die in war and somebody else will inaugurate another man will inaugurate it for him what does it mean he didn't have a chance to live in it the word mean education or inauguration meaning having a time to live in it to start being there. It's a way of worry who said this person's going to be worried who's going to be in his house first and therefore he shouldn't go out to war. Verse six was a man of that planted a vineyard and did not redeem it should go back to his home in the war when another person may redeem it. He did not redeem it in the fourth year as we know that a person can redeem it then only then first three years he not allowed to consume it because the law when it pertains to fruits at the first three years one cannot consume it the fourth year he either has to take the fruit or he redeems the fruit with money and spends the money in Jerusalem as well. Verse seven. And who is the man is who is engaged to a woman betro the woman? He still did not yet take her should go back to his home. Maybe he might die in war of another man will take her in hisstead. He may return or may he die. Meaning the Torah says that first he has to return to his home. If he's not going to listen to the coin who's making this announcement, he might end up dying. It's worthy of him dying because he doesn't listen. And therefore, the Torah tells us, the Torah says, what is it telling us here? What is does it mean he should? What's the warning about this punishment? Because the Torah says that he has to go back. He's not the one that should go out to war. verse 8. And the officials must then add to continue to speak to the people and say, "Who is the man that is afraid and he has fainted of heart should go and return home? And he should not cause the hearts of his other brothers to melt as his heart. Why does he separate the first three instances to the last one? That the would add this on their own that the the law enforcers will add this on the words of the Cohen would announce it from the words that God is going to help them and then the Cohen would announce it and the shower would make sure that everybody hears it as well. However, when it comes to the last case, so the first case when a person by the house and by the vineyard by a marriage, the Cohen announced it and then the law enforcement made sure people heard it. The first part here Israel, don't be afraid that only the Cohen said. The last part of this case when a person's weak or heart of faint of heart that the enforcement said it and announced it as well who is afraid or faint of heart says simply simple what this mean is not able to stand a war and to see swords going back and forth this is not he can't stand blood said this is a deeper A person who's afraid that he's afraid of because he might have done something wrong and therefore he will not be merit to survive the war. Therefore, the Torah tells him go back. For example, those people that like for a house or for a vineyard or for a wife to cover on their embarrassment for those that go back because of they've done something wrong because they have certain certain abrogations which will not allow them to be worthy to survive the war and they should nobody should know that this is because they did something wronger. somebody that sees this person's turning away from war say maybe built a new home maybe built a planted a vineyard oh yeah maybe just got married nobody's going to imagine that this person did something wrong and therefore the Torah lumps them together of all the people that can return and not go to war so you should not embarrass those people who actually did do something wrong and that's why they're not going out to war verse n once the policemen are finished speaking to the people And then they will appoint legions at the head of the people. Verse nine they would put supervisors, managers and before them and behind them and they would have like spears of metal in their hands and they would say whoever wants to run away and to go home here's your chance the here's whoever is now in the war they would have spears and whoever tries to escape and be a draft dodger. The guy in charge had the right to knock off his feet. Rashi explains why were they called meaning supervisors, managers. They were people that would standing at the edge to make sure that the people that were in the army to be standing upright on their feet and to also give them encouragement and tell them return to the war. Don't run away. This is not a place to be run away from the from the front. The reality is the beginning of every fall is running away from it. Nature is that if you're going to not confront the issue and you're going to run away from it, that's the beginning of all failures. And therefore, you had to make sure that you're going to be in it, act upon it, and there were people to give them the strength to do what they had to. This concludes the Torah reading of Friday at six to reading for Paru.