Category: Teachings on Devarim (Deuteronomy)

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Parashat Shoftim Essay – “Return our Judges of Old”

This week’s Torah portion Shoftim opens up with the law of appointing Judges starting from chapter 16:18 through chapter 17:13. It then begins to discuss the laws of kings from 17:13 through 17:20.

Verse 16:18 says “You shall appoint for yourself judges and officers in all your gates (towns) which Hashem your God is giving you, according to your tribes, and they shall judge the people with righteous judgment.”

Rashi, the most famous Jewish commentator on the Torah and Talmud -Harav Shlomo Yitzchaki (1040-1105), explains the latter part of verse 16:18 that says “and they shall judge the people with righteous judgment.” teaches us that this phrase means – That we must appoint judges that are experts and righteous to judge righteously. The difficulty of Rashi’s explanation at first glance is that does not seem to be the simple meaning of the text. When reading the verse it appears that it is referring to the way the judges should judge – meaning righteously. Why then does Rashi explain that it is referring to the appointment of judges?

Rabbeinu Nissim of Gerona (1320-1376) one of the great Spanish medieval Talmudic scholars – known as the RaN explains what is behind Rashi’s commentary. The fact that the next verse says “You shall not pervert justice. You shall not show partiality, and you shall not accept a bribe, for a bribe blinds the eyes of the wise and perverts the righteous claims.” refers to the way a judge must judge the first verse is therefore superfluous and must be referring to something else. This is the opening that Rashi has to teach us an additional fact regarding the appointment of judges. Elected judges must be righteous individuals. In Judaism righteous means both righteous in respect to Hashem and righteous in respect to man. A judge theoretically can make a righteous judgement according to Jewish law but he himself can be lacking righteousness. The Torah is teaching us an important lesson that it is not enough that one judge righteously but that one also behave righteously. It is the responsibility of the people of Israel to see to it that their judges are righteous.

 

The RaN continues to explain that the fact that this phrase is in third person unlike the other part of the verse means that it is not a commandment but a description of a situation. The only way to insure that the judgment will be fair is by appointing righteous judges.

The RaN goes on to give his own explanation of the seemingly superfluous phrase. He says just like every nation of the world Israel must have a judicial system in order to maintain law and order in society. Even criminals have a system of rules that they must abide by. Nevertheless, the judicial system of Israel is unique. Israel is commanded to follow the Torah laws! Many of them have nothing to do with keeping society at peace. For example laws of the Temple, dietary laws, laws of Sabbath, agricultural laws etc. It is the responsibility of the judges to make sure that we fulfill all the commandments of the Torah regardless of their effect on keeping the peace. Each and every law has to be done exactly how the Torah requires it to be done. In those instances where Torah law does relate to social order like dealing with murderers and other severe criminals it is not so simple to punish these perpetrators because of the complexity of Torah law. The Torah outlines an extremely precise way in which the court can go about convicting severe criminals. One example is the requirement of a warning given by the witnesses to the person before he commits the crime. The warning has to be given close to the criminal act and the criminal must respond that he knows that it is wrong and nevertheless he is doing it. When it comes time for the actual court case the witnesses have to be scrutinized so carefully and they can easily foul up. There are also other requirements regarding the judges that can create more barriers for judges in convicting criminals. For this reason, Israel also needs a system of law that will make it easier to punish serious criminals even though according to Torah law they would not receive a punishment. This is where a king’s role comes into play. This is the reason why the Torah brings the laws of kings right after the laws of judges. They complement one another. It is the king’s job to maintain law and order. At the same time the Torah stresses the importance of his connection to the Torah which he must maintain his entire life. “Now it shall come about when he sits on the throne of his kingdom, he shall write for himself a two copies of this Torah on a scroll in the presence of the Levitical priests” And it shall be with him, and he shall read in it all the days of his life, that he may learn to fear the Hashem his God by keeping all the words of this law and these statutes, and doing them” 17:18-19 We learn from the phrase that it shall be with him – that everywhere the kind goes it must be with him. When he goes to battle, sits in court, or even walks the streets the Torah must be with him. This king David summarizes in Psalms 16:8 “I place Hashem always before me; because he is at my right hand, I shall not be shaken.

We still need to clarify the necessity of Torah law. It seems so much easier and convenient to allow the king to handle the criminals and keep law and order. Why do we need the complexity of Torah law? The RaN explains that the unique importance of making judgments according to Torah law has the power to bring upon the nation of Israel tremendous Divine energy. Unlike, secular law that has no purpose other than maintaining law and order the Torah has the amazing ability to cause the Divine Presence to rest upon us. This is the RaN says is the deep meaning of the verse “and they shall judge the people with righteous judgment.” Meaning that by doing so they have the power of bringing down Divine abundance upon us. This is the reason that the Sanhedrin (The Supreme Court) had to stand in the temple in the Lishkat Hagazit – the   Chamber of the Hewn Stone at the entrance to the Temple the place where the Divine presence is felt. As it says in Psalms 82:1 “A song of Asaph. God stands in the congregation of judges; in the midst of the judges He will judge.” This is what the Talmud is referring to in Shabbat 10A – that any judge who judges in accordance with Torah law is a partner in creation.

Through the contemplation of the fascinating world of Hashem’s creation one can cleave to Hashem and see how the world testifies to His presence. The same way judging according to Torah law has the same ability of testifying to the creator revealing the Divine energy in our everyday lives through Torah observance.

 

This explains why the laws of appointing judges applies only in the land of Israel. Only when the people of Israel are living in the land of prophecy, the land of the Divine presence can they reach this spiritual level that can connect them with Hashem.

Thank G-D today after returning to the land of Israel after 2000 years of exile we can again begin to experience the Divine presence as in the days of old!

Shabbat Shalom Rabbi Moshe Goldsmith

 

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Parashat Re’eh Experiencing the World to Come Today

The famous Rabbi Yehudah Halevi (1075-1141) in his magnum opus the Kuzari discusses the difference between Judaism and other religions. He asks – “why doesn’t the Torah stress the reward awaiting the righteous in the world to come.” Instead, the Torah goes out of its way to mention at length the reward one receives in this physical world. On the other hand, on a Pshat level (simple) understanding of the verses it totally ignores the world to come. (Despite the fact the world to come is discussed at length in our oral and Rabbinic traditions.)

Here are some small examples of the reward in this word as it is outlined by the Torah:

“I will give to you and to your descendants after you, the land of your sojournings, all the land of Canaan, for an everlasting possession; and I will be their God.” Genesis 17:8

“If you walk in my statutes and observe my commandments and do them-then I shall give you rains in their season, so that the land will yield its produce and the trees of the field will bear their fruit. Indeed, your threshing will last for you until grape gathering, and grape gathering will last until sowing time. You will thus eat your food to the full and live securely in your land. I shall also grant peace in the land, so that you may lie down with no one making you tremble. I shall also eliminate harmful beasts from the land, and no sword will pass through your land. Leviticus 26:3-6

“That He will give the rain for your land in its season, the early and late rain that you may gather in your grain and your new wine and your oil. He will give grass in your fields for your cattle, and you will eat and be satisfied. Deuteronomy 11:14

We see from the above verses how the Torah stresses the reward for following the right path of life as a blessing in this world and particularly a materialistic blessing in the land of Israel. Rabbi Yehudah Halevi goes on to explain that a person who lives a true spiritual life connected to Hashem can achieve a closeness to the world to come while living in this world. This is exactly what prophesy is all about. Through the true prophets of Israel the people of Israel were in constant connection with the upper world while living a physical life in this world. Angels were walking amongst them. This is what the Temple is all about a center of Divine prophecy and worship where this world and the upper worlds combine. This is what the meaning of the dream of Jacob is all about. (See Genesis 28:12)

Rabbi Kook (1865-1935) explains that this is the reason why during the first temple period there was no stress on the world to come since miracles and prophecy would take place every day. It was so natural for the nation to feel a spiritual connection with Hashem in this world. Therefore, there was no need to focus on life after death. However, during the second Temple period and throughout the 2000 year exile when prophecy stopped and miracles were not common anymore the nation felt the need of focusing on the world to come. There was a spiritual vacuum that needed to be filled. When the sun is shining strong there is no need for a candle to give light. Only when darkness is prevalent then the need for a candle is felt.

The famous Rabbi Meir Leibush Weiser (1809-1879) known as the Malbim in his commentary on this week’s portion Re’eh opens his commentary by explaining that until the portion of Re’eh (Deuteronomy 11:26) the Torah mentions at length the reward for those abiding by the Mitzvoth and the punishment for those not fulfilling them. The reward being inheriting the land and living there a successful and peaceful life both materialistically and spiritually. The punishment on the other hand being banished from the land and being tormented and persecuted in the land of the nations. He then brings down the words of Rav Yehudah Halevi and explains that this is exactly the meaning of the opening words of this week’s portion. “Behold, I am setting before you today a blessing and a curse” the blessing, if you listen to the commandments of Hashem your God, which I am commanding you today; and the curse, if you do not listen to the commandments of the Hashem your God, but turn aside from the way which I am commanding you today, by following other gods which you have not known. (Deuteronomy 11:26-27)

This is why if you pay attention to the verse we see that the word “today” is mentioned three times. The Torah could have easily mentioned it once. The reason explains the Malbim is that by following the Torah one will merit in seeing the blessing of Hashem in this world today and will not have to wait till he leaves it to experience the Divine.

Here on Itamar, the very location of where this week’s Torah portion takes place this message comes to life more than any other place on earth.

“It shall come about, when the Hahem your God brings you into the land where you are entering to possess it, that you shall place the blessing on Mount Gerizim and the curse on Mount Ebal” Are they not across the Jordan, west of the way toward the sunset, in the land of the Canaanites who live in the Arabah, opposite Gilgal, beside the oaks of Moreh? (Deuteronomy 11:29-30)

These verses describe my backyard view here on Itamar. The fact that Abraham was sent by Hashem to this very place first (see Genesis 12) and later Joshua (see Joshua 8) shows that this is what life is all about – receiving the blessing today by living a spiritual life through the building and development of land of Israel. This defining moment for the people of Israel was a renewal of the covenant of receiving the Torah in the land. Unlike Mt. Sinai, where Moses was on top of the mountain and the nation below. This time, all 12 tribes of Israel were on top of the mountain six on Gerizim and six on Ebal while the leaders were in the valley. G-D was showing us that here in the land not only the prophets and our spiritual leaders can reach the upper worlds but the people of Israel as well can rise to the top of the mountain and touch the heavens through by a spiritual life and working the precious land of Israel.

Shabbat Shalom and blessings from Itamar Israel Rabbi Moshe Goldsmith

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Parashat Re’eh – Experiencing the World to Come Today

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Parshat Ki Tavo

Parshat Ki Tavo

 

“V’haya Ki Tavo el Ha’aretz” – “When you come into the Land”. (Dvarim 26:1)

 

Being that this parsha falls on the birth date of the Holy Baal Shem Tov, the father of Chassidut, and of the Alter Rebbe, I want to open a window to a Chassidic teaching pertaining to the above passuk. It is likened to when a soul descends from it’s heavenly source ‘into the land’- into this physical world to fulfill it’s purpose.

 

Am Yisrael was delivered from Egypt and wandered the domain of the empty desert where nothing was accessible and nothing was needed. They nursed Divine inspiration for 40 years. They did not have to eat, change their clothes or worry about a thing. Finally they reached their destination. Their guide and leader did not continue on with them, the manna stopped falling and a new realm of their identity unfolded as they entered the gates of the Land of Israel through the mountains of Har Gerizzim and Har Eval. Here they faced the call to choose between the blessing and the curse. They walked 60 kilometers from the Jordan to these mountains, to the Land of Shechem, a place their forefathers had purchased at the dawn of Judaism. Here was the first “station” of being inaugurated for the 1st Patriarch, Abraham. Here is the parcel of land Jacob bought as he first entered the land with his family after 22 years in the house of Lavan. Here, as they come to receive the torah in Israel, Am Yisrael now put to a final rest, Yosef Hatzaddik in the land that he was sold by his brothers. Am Yisrael are positioned on the 2 scales of Gerizzim and Eval and the blessings and curses are read. Now it was time to actualize G-d’s plan for them. This was the very special day they were motivated to so accordingly.

 

Blessings and curses in essence we bring upon ourselves. There is free choice and there are mitzvoth to do. It does not contradict. We can be blessed if we acknowledge the vitality in our lives, to know and understand what make us tick. We can also be prevented from being cursed if we just check to see how the word meaningful measures into the pitcher we pour and drink from each day. When we read Ki Tavo we think to ourselves, “Who am I, What am I, What am I doing, Am I REALLY alive? There is no greater curse than to be alive and not feel it. This parsha is positioned precisely at the time we need to hear it, close to the Day of Judgment and the beginning of a new cycle in our lives as we approach the New Year. It is clearly a time to ask, “Have I fulfilled my purpose and how have I enriched the world?”

 

Dear Readers,

It goes without saying that facing these very mountains written about in our parsha, and seeing them every day for the last 24 years while most people only read about them- has been a tremendous G-d given gift. Yes, today we have reached this point again as we enter the Land and try to settle it. It is spoken about with many many husks, doubts, confusion, and strife, even as if it belonged to someone else (G-d forbid!). It is in fact none of the above. It is the primordial covenant between G-d and the Jewish people. May the Torah prove to the entire world that we cannot ever run from the truth. May all the people who hold Israel dear – raise the banner of Har Gerizzim and Har Eval – they have chosen to be blessed!!

 

Shabbat Shalom, Leah Goldsmith

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Parshat Shoftim – Leah Goldsmith

“Parshat Shoftim”

 

“When you shall besiege a city for a long time in making war against it to take it, you shall not destroy its trees by forcing an axe against them, for you may eat of them. You shall not cut them down, for the tree of the field is like a man…”

 

The Torah compares the soul of man to the life force of the fruit bearing tree. This is done on the backdrop of the battlefield of our parsha(weekly portion). Our sages bring down that the armed conflict of war is won when the arm and head become partners against the adversary. This is best demonstrated in the mitzvah of tefillin that are worn on the arm and head – the symbols of true righteousness and judgment in serving Hashem. When man wears the tefillin he can remove false pride and concentrate his intentions on not what he has achieved, but that that the Almighty brings him his achievement. He knows (in his head as he ties his arm) that Hashem is totally there for him, his appeal to arms is in the name of G-d. This is the connection between the arm and head at the hands of faith. Every morning when this is done it is likened to pouring water into the soul, revitalizing it and bringing it to life.

 

A perfect example of this is King David who managed all of his operations and maneuvers (including in his personal life) in complete faith. He lived a life of complete self sacrifice, and was preserved because of his direct grasp of the concept of Hashem leading his victory. (We remember when he comes against Goliath he says that he doesn’t come by himself but in the name of Hashem who will fight the battle). David perceived that all of reality relies totally on Him- Hashem, examples of trials being family issues (in which there were many), usual kingly duties and intrigues, standard offense warfare, preventive warfare, to other realms of psychological warfare like contending with the yeitzer hara(evil urge). He wrote his book of Psalms as a direct response to these threats, demonstrating completely receiving the yoke of heaven. This perception of the Divine brought him to an embodiment of complete victory in ALL of his wars.

 

When a person is faced with torment, whether it be on his job, within his family, close environment, or on a wider range like government, national, international, he can win when he cancels his self will (ratzon atzmi). This rectifies him and brings him to a higher place. When he stands stubbornly stuck in the predicament, sure of his being shortchanged, right, unforgiving, feeling no justice- he cannot win.

 

How does the tree fit in here? The Ba’al Shem Tov brings down from the holy Zohar that food is full of spiritual sparks. Therefore without knowing why a person becomes hungry he has an inner need to receive these sparks, more than just physical hunger.

 

Plants, fruits and vegetation are on a higher level than meat. They are witnesses to the shorshut elokit- of Hashem rooting himself in the lower world. Hashem built this lower world on the crust of earth in order for us to feel Him. If He would disguise Himself in heaven, it would only be for angels to enjoy Him. Here we feel Him. A tree has arms that reach down and drink the life force found in the lower levels of the earth. If there is no water, there is no fruit. A person serves Hashem through yeitzer tov but the real test is can we serve him when there us a war within us, when we have a yeitzer ra, when we are on a lower step? Our job is to win the war by climbing humbly back up the steps. This is a strong form of worship because serving G-d does not only happen when we are clear headed, level headed. Winning the war occurs when we feel so low, we actually reach to the roots, the lowest place in the low world even covered by the crust. Then we triumph.

 

We are standing in preparation for the Days of Judgment and a new year. We are in the month of Elul. This is a good time to fix and forgive. Let bygones be bygones. A person is likened to a tree. In order to grow he needs water. It doesn’t matter if it’s tap water, mineral water, Perrier, Holy water or even dirty water. It all works because in all cases the tree, as long as it is watered gives sweet fruit.  “I will make thee and the environs of My hill a blessing. I will send rain in its season, rains that bring blessing. The trees of the field shall yield their fruit and the Land shall yield its produce and My people shall be secure on its own soil”- Ezekiel 34:26-28

 

Let us imitate this imagery. If dirty water is dumped on you, you can react as if it were any other water. You can cancel torment, swallow your pride and win the war. This is the water of life. The head of the tree gives fruit but the arms bring it life sustenance from the low places of the earth.  (Does this remind you of the double blessing given to the portion of Josef?)

Shabbat Shalom to all- Leah Goldsmith

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