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Shoftim - 1st Portion
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Moshe instructs the Jewish People to appoint judges and sheriffs throughout the Land of Israel to try cases and uphold the law. He further warned them against idolatrous practices.
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Join me as we learn Chumash for Sunday,
the first Torah reading of the Torah
reading of Shoftim, which is chapter 16,
verse 18.
This week's Torah reading, as its name
is called Shoftim, which means judges.
The Torah begins by telling us about
judges and policemen.
Judges are those who enforce the law.
It's not enough to have the one who
makes the law, the judicial part of it,
but you also need ones who are going to
enforce it. And the Torah tells us about
the Mosha tells the Jewish people when
they're going to go into the land of
Israel, the importance of these judges
and the enforcement of these laws, and
how they have to be careful when
adjudicating the law.
The Torah then continues to tell us
about the laws of idolatry and the
improper intentions in sacrificing, and
as well as the punishments for idolatry
and how the judiciary continues to go
from one generation to the next, and how
a person must be careful to follow the
laws of the judges.
Chapter 16, verse 18.
You must appoint judges and sheriffs and
policemen for yourself and in all your
cities.
In all the cities that God, your God,
has given to you according to your
tribes.
And they will judge the people fair
judgments.
Rashi
explains the difference between the
shoftim and the shotrim. The judges and
the policemen. Shoftim
You have the shoftim are the judges, the
ones that decide and what the rule
should be, the law.
The shotrim and the policemen are the
ones that force the people to follow
what the judges said the law is. They
also have to enforce it either by by way
of a uh
They are the ones that force the people
to the law is.
They also have to enforce it either by
uh
by way of force meaning whipping them
and binding them to be able to
occasionally needs the
the fact that they need to also force
them to follow what the law may be until
they accept what the ruling of the judge
is.
The whole
should be in every city should have its
set of its courts and its enforcement
for the court.
This is
going back on what it says before
you should have for you saved
meaning they should put policemen
and judges in every specific ones for
each tribe and every single city and
every local should have their set of
judges and their set of policemen that
will enforce the law the way it's
supposed to be.
Another interpretation what does it mean
according to its tribe? It
teaches us that we have to have and
appoint judges from every tribe for
every city. That means even if you have
a city that's split up into different
tribes so then within the city you have
to have two separate types of judges one
for each tribe.
You
should appoint proper and
well versed and righteous judges that
they should be able to give them a fair
judgment.
Verse 19.
You must not
pervert justice and you should must not
show partiality.
And do not take bribery.
Because bribery blinds the eyes of the
sages.
Of the smart of the intelligent
and perverts the words of the justice.
Literally
means do not show favoritism.
And the meaning do not pervert justice.
Lissaker panim, don't show favoritism,
don't show partiality.
Af beshas tainos, even during the
judgment, when the judge is asking
questions and going through the
interrogation and investigation, don't
show don't be nicer to one party than
the other.
As hodol l'dayan sh'li rach v'ein lo zeh
k'sheir lo zeh, it's a warning to the
judge, don't be soft on one and
difficult on the other. Echod omed
v'echod yoshev, one can stand or can
sit, you have to show equal fairness to
both sides. U'fisha k'sheirah ish omer
l'chaveiro,
the moment the person sees, well, look,
he's showing favoritism, partiality to
his friend, automatically m'stam d'ein
eisav, then automatically the person
doesn't have the ability to articulate
his arguments correctly, because he says
it's a lost case here. So, therefore,
the judge has to make be sure to be
careful that when he speaks and when he
even interrogates, he should not show
any partiality or be soft on one and
difficult on the other, so the other
party should not feel, okay, it's a lost
case.
V'lo yisa kach shochad, do not take
bribery. Afilu lishpot tzaddik, even if
he says, you know what, I'm going to do
the right thing, but still what's the
wrong with getting a little
side bonus on the side. And therefore,
the person's therefore, the Torah warns
us that do not take bribery, because by
definition, the bribery is going to
cause the person to pervert justice.
Ki hashocheid d'avar, shekibel shochad
mimenu, from the moment that the person
takes that bribery, the judge takes the
bribery, automatically becomes blind to
seeing what is correct. Eefshar l'yachad
libo v'eino l'chacham, afikhu b'sichusa,
it's impossible for a person to get
bribery and still say, you know what,
I'm going to be unbiased. The moment you
get bribery, you're blinded by what the
person's giving you, and therefore, you
have to recuse yourself or not take the
bribery to begin with.
Divrei tzaddikim d'vorim amukim,
mishp'tei emes, meaning that to pervert
the words
of bribery, that bribery perverts the
words of justice, then even if the
person's going to want to say the right
thing, even if he's going to call it the
bribery causes him to think that what
he's saying is correct even though it's
not correct. It perverts the words of
the justice of words of righteousness
meaning it does he justifies the things
that he says even if it's perverted and
even if it's incorrect. Interestingly
enough, one of the things that the Torah
that the code of Jewish law when it
talks about being very careful using the
terminology
being very careful it comes to bribery
and it comes to interest because both of
these things it is very easy as we
mentioned this previously when we spoke
about it in the book of Leviticus both
of these things it is very easy for a
person to convince himself ah you know
what I'm not going to be able to be
persuaded by the bribery I'm not going
to be persuaded by the interest and
therefore the Torah says these things
you can be the most intelligent
righteous individual but the moment you
take bribery you create a bias towards
that individual that gave you the
bribery.
And bribery doesn't need necessarily
need to be money it could be honor it
can be dignity whatever it may be in any
shape or form that this can cause the
individual to pervert or sway the
judgment in favor of the individual.
And as the Torah then continues that's
why the Torah uses the terminology in
verse 20 said it said it here this
justice justice you must pursue it's not
something that comes easily.
The man take here in order that you
should live
and dwell in the land
that God your God is giving you. Rashi
said it said it
Allah has been from here the Torah tells
us the sages have learned that the
fellow who's taking somebody to court
should work to be able to find a court a
rabbinical court who is knowledgeable
and also that they are known to be not
swayed by the either defendant or
plaintiff.
The man take here Rashi
totally Shiva loved them all so.
it's worthy enough the very fact the
reward of having proper justice that in
itself is worthy enough for the mitzvah
that the Jewish people should be able to
live in the land and to be able to
continue to stay on their land that was
given to them.
Now the Torah goes into the laws of
eradicating idolatry. Lace it a shade of
eight. You should not plant. You must
not plant for yourself any defiled tree
any any tree that is served it all means
next to the altar of God your God
that you will make for yourself. That
means on the Temple Mount, there should
not be any trees that you serve. Rashi
Rashi
tells us that over here the abrogation
and the law concerning not serving
idolatry even though you just planted a
tree. Just planting the tree itself is
considered an abrogation even though you
have not yet served the tree.
Lace it
this is a second law. This
is a concerning a
second abrogation which is not
necessarily a tree that you're going to
serve but even any tree whatever may be
that you may plant a tree on the Temple
Mount that this may not be a that this
is not allowed as well.
Next to the altar there should not be
any trees.
Verse 22.
Lace it a matzah ever. You must not
erect for yourself a single stone
pedestal either altar pedestal I should
suddenly I shall make a one that God
your God hates.
Rashi matzah ever matzah ever
one stone that you're going to use it to
bring sacrifices to idolatry a few
little not only not to idolatry a few
little
even to God. Meaning that the difference
between an altar and a matzah ever and a
stone a stone is one stone a misbehave
has to be made of multiple stones a sure
son of misbehave a misbehave a double
However,
when we talk about a one that's made out
of earth and one that's made of multiple
stones, God does not hate. It's evil
assets cuz that's what God commanded how
we should make an altar to bring the
sacrifices. The zoom, however, one
that's made out of one stone, sonny, God
hates. Koi koi Canaanites to keep What
was the reason why God detested these
one stone altars? Because this was the
way the Canaanites used to make their
altars for their idolatry. The alpha
beta who may may office even though in
the time of our forefathers Abraham,
Isaac, and Jacob, we know that Jacob
took a stone and used it as a monument
and there he brought sacrifices in base
alike we learned in in Genesis 28. Still
in all after son of Asher Elohim Elohim
Elohim Now God says and therefore the
Torah has to remind us that we should
not be doing it because even though we
found it before the giving of the Torah,
it was used by Abraham, Isaac, and
Jacob. Still in all now that the
Canaanites adapted these type of ways
for their idolatry, God has detested and
therefore should not be used.
Chapter 17 verse 1 You
should not bring to God as a sacrifice
any ox or sheep that has in it a blemish
kill the
or anything that has an improper that is
anything that's bad cuz God
God considers this an abomination.
This is kill the What does it mean
anything bad? If you already mentioned
about a blemish, what else bad can there
be in the animal? I told him a fact of
what you did Buddha. This talks about if
a person
makes something on a unsacred to be
brought as a sacrifice and that is
through our verbal articulation. What
does that mean? That it could be that a
person while he's bringing the
sacrifice, he articulates and says, you
know, I'm not going to eat this in its
appropriate time. The very fact that he
articulates or he thinks about it as the
actual sacrifice is being brought, that
makes the sacrifice invalid and this is
what the Torah refers to as something
bad being brought as a sacrifice.
The eye
This is brought about other things as
well in the distracted of Zevachim. It
mentions about other different
sacrifices that were brought in holiness
that can be considered unused and
invalid to be used as a sacrifice. And
this is what it refers to something bad.
The Torah then tells us continue to tell
us about punishment for idolatry and how
we go about it.
Verse two.
If there will be found amongst you in
one of your cities
that God, your God gives you
a man or a woman that
will do bad in the eyes of God.
Which is
to go against his covenant. What does it
mean to go against the covenant? What's
the covenant that God made?
That God made a covenant with you that
you will not serve any idolatry.
Verse three.
When he goes and he worships other
deities,
whether it's to the sun or to the moon
or to the
heavenly galaxies.
Or heavenly bodies.
That I commanded you not to worship
them.
All of them. I commanded you not to
worship them.
Verse four. It will be
told to you.
You will hear about it. You will
do a proper inquiry. You will see that
this is true, this is true, this is
correct. And you'll see that this is
true, this is correct.
And this is found to be true.
Such an abomination was done and
committed amongst the Jewish people.
The word nothing means correct. They
find that to come that the testimony
that this individual says the evidence
is found to be true and therefore this
person is found guilty. Verse five.
You will take that man or that woman
that also does that.
who did this terrible thing else
to your gateways.
The
the
the man or the woman who scout them by
and you will pelt them with stones and
they may sue and they will die.
Rashi they chase us as a issue
and the target of the person who
translates gateways really means to
cities Lisa Matzdin based in off.
Meaning that the target of translates
the word to the gateways of your city
tell you he's making a mistake because
she can't
because really the word gateways here
refers to the
word by means a city that they served
idolatry and the city talking about a
city that is being judged with
the word is used in both places in this
verse and also in verse two my
shot
just like the word means before also a
city that they served idolatry after
all of the boy.
Therefore when the uses the terminology
doesn't only mean the word gateways but
means to the city where the person
served it and that city doesn't uh
and therefore when we talk about the
best thing the rabbinical court you
don't take him to the rabbinical court
meaning you take him to the city meaning
to the city of that rabbinical court
that that person will then be judged
accordingly.
What happens and how do you decide if a
person should get capital punishment
it's not so simple. As we see over here
text number six tells us what are the
conditions of how this testimony can be
validated in order to impose capital
punishment on these people who are
liable of capital punishment. Only
based on the testimony of two witnesses
or three witnesses. You must have a can
there be imposed a capital punishment or
you must appear one cannot be condemned
to death by the testimony of merely just
one witness.
If it tells me two why does the Torah
have to tell me three?
Meaning that the two work like three.
That the same way if a third person
adjoins along with them, it becomes one
testimony, not two plus one. So two when
it comes to the case where you want to
prove these witnesses wrong, you would
have to prove all three wrong in order
to be able to consider them as what's
called classified in the Talmud as Edom
Zaymim. Zaymim means that if a person
comes along and says, "I was with these
witnesses on this and this day, so how
can they possibly testify against this
individual that he served idolatry?"
Then these witnesses get the punishment
that they tried to put upon the
individual that they're testifying
against. However, when there's three
witnesses, the testimony to be able to
invalidate these witnesses has to be
against all three, and therefore the
Torah says whether two or three to
equalize the two and the three at both
occasions.
Verse
a seven. Yada Edom T Abba Barishaina,
the hand of the witnesses must be the
ones first upon the guilty party. Lahami
say, to put them to death.
And the hand of all the people with them
go afterwards.
So too you must eliminate the evil which
is idolatry from your midst.
Verse eight.
From now we continue into laws
pertaining to judicial hierarchy.
Kee Yipolayim Min Chodovar Al Hamishpat.
In a matter of judgment and you would
have to you don't know what to do.
Bayn Dom L'Dom, whether it's particular
or discharge of blood or what kind of
blood if it's a purified blood to makes
the person impure or not.
Bayn Din L'Din, or whether this is a
case of whether a lesion to determine if
the person's considered leprosy or not.
U'Bayn Nega O'Bayn Del Nega L'Nega,
and also in the case where in any case,
in the case of my financial matters, I'm
sorry, in the case where a person's
accused of being guilty in a legal case.
O'Bayn Nega L'Nega or or case where it's
uh talking about a lesion, if the lesion
is considered tzaraas or not.
Or any dispute that comes up in your
cities, the come to at least a you will
go up to the place where God has chosen
a
God has chosen.
Key polli, Rashi.
The word key polli, the why does he tell
me when it would allude you? The word
you polli call her flow lotion of dollar
preacher, whenever we find the word half
law you polli, meaning it's something
which is separate, unknown, not
explained. Shall I double needle in a
thing is covered and separated, that
means you don't have any idea if you
don't have any inkling to what it may
be, and therefore it's not within you to
be able to come to the proper judgment.
May double the double, what kind of
blood are we talking about here? May
double double the double tire between a
pure blood and impure blood. May double
the double between Zachary and to know
if a person when it comes to financial
matters, if the whether you are or
life and death matters, to know if the
person's liable or not. May double the
double, may double the double, may
double the double, to know if this is a
double, to know if this is a lesion
which is makes the person have tzaraas
or not.
There's a dispute meaning amongst the
rabbis in your own city, where some say
this is kosher, some say this is not,
some say this is pure, some say this is
not, some say this guy is liable, some
say he's not. So therefore the actual
rabbis themselves cannot come to a final
conclusion, that's when they will bring
the case to the holy temple, to the
Sanhedrin, the great tribunal, that they
should be able to decide.
The come to at least a
and you will go up, meaning to be some
English call them a chemist, this
teaches us that the holy temple was the
highest of all spaces because the Torah
uses the terminology that they will go
up. They're going up to the holy temple
to see what the situation is.
Verse
verse nine.
You must approach the Sanhedrin.
Or the Sanhedrin at the time as we see
uses the terminology the Kohanim with
the Levites.
To the judge who will be at that time.
And they will make an inquiry and they
will let you know and they will let you
know
of what the matter what the to reconcile
the solution of the judgement that is in
question.
Meaning the Kohanim are also called
Levites because they come from the tribe
of Levi.
Or the judge that will be at that time.
Even if he is not as great as the judges
that were there in the previous
generations.
You have to listen to the judge who may
be at that time as there's another
terminology
meaning that even though there may be a
less of a greatness the judge may not be
as great as the generations before him
but because he is a judge of that time
you have a responsibility to listen to
the judge at that opportunity.
Verse 10.
You must do act in accordance whatever
they tell you and I'm walking away from
that place that
God has chosen for
and you must be careful to act in
accordance in everything that they
command you to do.
Verse
11.
According to the Torah that they will
instruct you and according
to the judgement that they will tell you
you should do
you should not go astray from
the items and from the you should not
deviate from what they tell you from the
word that they tell you
right or left. What does it mean right
or left? Even if
even if this is sometimes there's
different laws and different ways how a
judge comes to a certain judgement.
Meaning certain things are direct
interpretation of what it says in the
actual law. Here it tells you what it
says in the law, but many times why they
would come to a judge where they would
have a difference of opinion and
something that's called in Hebrew Shikul
Adas, that the judge has to make an
evaluation and take the situation on
hand and he comes to a certain degree of
his own decision to be able to take
everything on hand and come to that
decision. You may argue and say, "You
know what? How do you get to that
decision?" This is maybe it's up to
everybody's opinion and therefore the
Torah tells you that based whatever the
judge's decision may be, that means what
he comes to, the way he evaluates the
situation, even if he tells you that
right is left and left is right, still
the law you have to listen to him. The
kosher can share I'm going to hire Yamin
Yamin while small small and how much
more so if he tells you about the right
is the right and the left is the left,
meaning that he's telling you something
which is clearly stated in the Torah and
you're obligated to listen to him.
Verse 12.
And the person who purposely does not
listen to what the coin has to say or
the Shaddai Shaddai who stands there to
serve God, your God,
or to the judge who is the one and that
tells what to be done and he does not
obey, who may say issue who that person
is then is put to death will be out of
Israel must eradicate and eliminate the
evil from amongst the Jewish people.
Verse 13.
This way the entire people can listen
and be afraid and no longer will they
act purposely to go against what the
judge is say.
Rashi
become Shama Tinin Loya the regular.
Therefore here we learn that they would
wait until the actual holiday until they
would decide what the judgment be until
the next of the regular and they would
keep the person there until they say
would decide what his judgment would be
and also to
carry out the punishment against him and
that was because
everybody should notice and everybody
should see and when is there the time
that all the Jewish people would see
would be the time of the festivals. This
concludes the first Torah reading of
Parsha Shofetim.