IF, ALONG THE ROAD,
YOU CHANCE UPON A BIRD'S NEST,

IN ANY TREE OR ON
THE GROUND, WITH FLEDGLINGS OR EGGS

AND THE MOTHER SITTING OVER THE FLEDGLINGS OR ON THE EGGS, DO NOT
TAKE THE MOTHER TOGETHER WITH HER YOUNG.

SEND, YES, SEND AWAY THE MOTHER,

AND TAKE THE OFFSPRING FOR YOURSELF,

IN ORDER THAT YOU MAY FARE WELL AND
HAVE A LONG LIFE.

 (Devarim 22:6-7)

Anticipation of Reward: Incentive or
Obstacle?

There are mitzvot that are rewarded with wealth, and
there are mitzvot that are rewarded with honor; what is the reward for this
mitzvah? If you have no children, I will give you children. From where do we
know this? It is written, "Send, yes, send away the mother" – and
what is the reward you reap? "And take the offspring for
yourself."

 (Devarim Rabba, 6)

Acher [Elisha ben Abuya] saw a person climb to the
top of a palm tree on Shabbat, take the mother together with the fledglings,
and climb down safely. Immediately following the Shabbat, he saw one climb to
the top of a palm, take the fledgling, send away the mother, descend, be bitten
by a snake, and die. He said: it is written (Devarim 22) "Send,
yes, send away the mother and take the offspring for yourself, so that you may
fare well and have a long life." Where is the welfare of this person?
Where is his long life? He was unaware that Rabbi Akiva had expounded "So
that you fare well" – in that world of total good; "and have a
long life" – in that long-lasting world.

 (Kohellet Rabba 7)

SQUARING THE CIRCLE

Michel ben Shoshan

If we had to chose a
single word in the sentence "When you go out to wage war against your
enemies", it is fair to assume that a newspaperman would immediately
chose for the headline: "WAR". Our Sages, however, chose for the title of our
parasha, the words "Ki Tetseh" – when you go out". We
will try to suggest an rationale for this choice.

Our parasha is
characterized, by a string of descriptions of short cases, different and
sometimes strange, with a Halakhic conclusion for each case.

True, there are many
parashiyot which describe a sequence of different laws, but here, the series itself provides a source for explication. It is as
though the juxtaposition of the short parshiyot and the order in which they are
presented, interest us more than the content of each of the parshiyot.

Rashi, and most of the
classic commentators, expound the juxtaposition of the parshiyot to the point
where they can be read as a single, unfolding, narrative:

The taking of the
beautiful captive results in hatred towards her. The hatred between the spouses
causes problems in the raising of the children. This causes the child to commit
sins which make him liable for capital punishment … for stoning, hanging, and
burial… !

Following this terrible
denouement, a process of hope: return of a lost object, nothing is even totally
lost. We learn from the "Bet Yaakov" (son of the author of "Mei
HaShiloach") the continuation of this story until the mitzvah of the bird's
nest. The path of hermenuetic exposition of the juxtaposition of parshiot,
paved by our early and latter commentators, is still open.

(Incidentally, one might
suggest new meaning to the rule: "There is no earlier or later in the
Torah": (Meaning
that events described in the Bible do not always appear in their chronological
order) Every
word, every passage, is written exactly where it belongs, following the
preceding passage, preceding the following passage; in other words, – "not too early and not too late.")

Such a reading, however,
raises a basic question:

If, from the beginning of
the narrative, the unfolding of events leads to such serious consequences as
the execution of a son, why did not the Torah forbid everything from the
outset! Let it forbid the taking of the beautiful captive, or ban taking of
prisoners, or the going out to wage war, or leaving the land in general!

And what is the meaning of
our commentators' answer, "The
Torah addressed the yetser hara, man's evil inclination?"

We avail ourselves of a
colorful parable from the book "Sod
Yesharim" (by the grandson of
the "Mei HaShiloach) about two possible human
spiritual/psychological conditions: the square and the circle.

The circle symbolizes the person who loves routine,
keeps laws, observes tradition, conforms to habit, everything surrounding one
central point – a situation of certainty, without danger. Harmony which negates
conflict, innovation, and change. There are no surprises – just keep a steady
speed on the same repetitious route.

The square, on the other hand, symbolizes one who has
left the circle for the unknown. He
constantly endangers himself anew. But, in this fashion, he is able to realize
his aspirations, to express his uniqueness vis a vis the
world and others. The desire to live his life, to be responsible for his
thought, actions, and special personality… all this is accompanied by not a
few perils and by difficulties which accompany innovation. A person who decides to take
responsibility for his life, to leave a passive situation in an attempt to
burst the boundaries of the circle, wears a fringed garment, a tallit
metsuyetset, which is a rectangle with four corners which spread throughout
the four directions of being.

Most of the time, man swings between these
two approaches, between
the security and quiet of the circle's routine, and the square's perilous and
breathtaking independent creation.

In contrast to most
existing religions, the Torah does not expect man to act in the form of the
circle. It demands of man that he be partner
with The Holy One, Blessed Be He, that he accept responsibility for his action,
that he choose, that he constantly seek to reveal what the Creator expects of
him. The Torah turns to the individual, to the unique person, even though he be
part of a society.

     To be "religious" in most religions (and of late, unfortunately, in ours too)
is to live in the circle. The less one thinks independently, the less he
innovates, the more is he considered to be "religious".

The Torah does not address
"robots". The Creator created man to be different from all other
creations; He endowed man with the ability to chose and to create. One who
observes the mitzvot and learns Torah is not supposed to be "O.K."
He does not have all the answers. On the contrary, he is asked to prepare
himself, to be attentive to the developing will of the Creator. He must
constantly be in a state of "questioning", even if he in a state of
repentance.

When a person takes it
upon himself to wear the rectangular tallit, a great danger hovers over
him; by leaving the circle for the square, he is liable to get lost and not to
realize the goal for which he left – the felicity of self-realization before
his Creator.

Therefore, the mitzva of
tsitsit, "the equivalent of all the mitzvot", requires
the tying of fringes at the
point of departure, the corner. A thread which will tie man to the source, to the secure
principles of the circle… which will remind man of all the good advice which
God bequeathed to man. Thus he has a chance both to benefit from the
realization of his unique role on earth, and from the security which the circle
provides.

According to the "Sod
Yesharim", "yetsia"
(going out), "totsaa" (consequence), and "tsitsit" all derive from the same
root – Jewish life is perhaps the secret of "squaring the circle."

It is a great illusion to
think that it is forever possible to live within a circle. Life forces us to "go
out."

Birth is the greatest "going
out". Maturing, marrying, raising a child, maintaining relations with
others, working – not all "goings out" are similar, and all require
different treatment.

There are "goings out"
which are forced upon us, as well as those which are of our own choosing.  

But we must take them all
into consideration, weighing their consequences, learning to cope with them
properly.

"With your gear you shall have a spike …
and cover up your excrement" – how important this advice is, especially today,
when pollution of the environment borders on total irresponsibility for the
consequences of all our "goings out".

The Holy One, Blessed Be
He took us out of Egypt. He continues to
enlighten our eyes "in our goings out and our comings in". Our
parasha summarizes the main instructions which are intended to light up our
way. The commentators stress – here more than anywhere else – the
juxtapositions, on the principle that sequence is not coincidental. Everything
has consequences which must be taken into account. In many cases, treatment of
a child's education problems begin with treatment of his parents. A couple's
problems may result from lack of maturity of one – or both – of the partners.

True, every going out has
its dangers. Every departure from routine may end in failure and negative
resolution. One should not disregard this. As adult and responsible persons,
however, we will not be afraid to go out; we will learn to deal with
consequences, good and bad, so that we not disappoint our Creator, that our
desires be congruent with His.

It is possible to discern in every going out
the hand of the evil inclination.

But great is the Creator of the Universe who
created man with the evil inclination.

Great is Torah which addressed the evil
inclination.

Great is man who copes with it in humility
and awe, but also with the responsibility which his Creator placed upon him.

 Dr. Michel ben Shoshan learns and
teaches Torah in Yerushalayim.

Eradication of Amalek – Then and Now

"Eradicate the memory of Amalek"
– said Israel before The
Holy One, Blessed Be He: "Master of the Worlds, You say to erase the
memory of Amalek!? We are but flesh and blood, we are temporary – You, who live
and exist for eternity, remember!"

Replied The Holy One, Blessed Be He: "My sons,
all you have to do is to recite the parasha of Amalek yearly, and I will
consider it as though you have erased his name from this world."

 (Pesikta Rabbati 12)

And so with the mitzvah of
eradication of the memory of Amalek, as it is written, "Erase the
memory of Amalek". It is a positive mitzva to always remember
his evil deeds and his ambush, in order to arouse his enmity, as is written, "Recall
that which Amalek did to you" – tradition explains – "Recall"
verbally; "Do not forget"
in your heart; it is
forbidden to forget his enmity and his hatred.

 (Maimonides,
Laws of Kings 5:5)

"Do not
forget": Do not forget this, should a
day come and you will wish to resemble Amalek, and – like him – you will not
recognize your duty and will not know the Lord, but you will seek
opportunities, in matters small or great, to exploit your superiority in order
to harm people. Do not forget this, should a day come, and you should desire to
relinquish your duty and your mission as Israel, which you accepted upon
yourself to fulfill in mankind. Do not covet the laurel wreaths which a foolish
world makes for those happy people who destroyed the happiness of others.
Remember the tear-soaked earth from which sprouted the laurel for those
wreaths. Don't forget this when the day comes and you yourself will suffer from
arrogance and the violence of Amalek. Guard your erect stature! Guard humanity
and the values of justice which you learned from your God. The future is yours,
and eventually humanity and justice will vanquish arrogance and violence, and
you, yourself, have been sent to announce and to bring closer – through your
destiny and your example – this victory and this future.

"Do not forget" – and in order that
you do not forget, "Remember" – From time to time renew in
your heart the memory of Amalek and what you have been told about his future.

 (Rabbi Shimshon R. Hirsch, Devarim 25:19 – written approximately in 1860!!)

"When you encounter your enemy's ox or ass
wandering, you must take it back to him.

When you see the ass of your enemy lying
under its burden and would refrain from raising it, you must nevertheless raise
it with him."

(Shemot
23:4-5)

"If you see your fellow's ox or sheep gone
astray, do not ignore it; you must take it back to your fellow."

 (Devarim
122:)

"Your fellow's ox"
but in Mishpatim it is written "of your enemy". In the
chapter "Arvei Pesachim" (Pesachim, Chap. 10) it says: Is it permissible
to hate? It is written, "You shall not hate your fellow in your heart?!"
The question is resolved by explaining the passage thus: He saw his fellow
performing a sin, and this occurred prior to the sin of the golden calf, when
all belonged to the kingdom of a holy nation; then it was permissible to hate
if one witnessed a transgression. But after the sojourning in which they
stumbled and sinned, should one see his fellow sinning, if he searches his own
behavior he will find a number of obstacles and doubts. Therefore it is
forbidden to hate such a man. It is permitted only to one who himself avoids
evil, and is a perfectly righteous man in his ways. But it is very difficult to
find such a person, and in regard to this it is written, "I have seen men
of high caliber, but they are few." Therefore it is written "your
fellow".

 (Rabbi
Meir Shimcha of Dvinsk, Meshech Chochma, Devarim 22a)

… A person who observes mitzvot
may not consider his fellow an enemy or hater; one who does not accept the yoke
of Torah and mitzvot will probably not feel obligated to return a lost object,
and consequently will not return it – thus it would seem that these passages
serve no purpose.

Therefore the Rav explains
the terms "your enemy" and "your hater" figuratively, as
directed towards the sinner – that transgressor who is objectively hated, and
is rightfully considered to be "the enemy" and "the hater"
of the one who keeps the Torah and the mitzvot. Only one who avoids evil
and is a perfect tzaddik in his ways, may have some justification for hating
the wicked person.

Right before receiving the
Torah, Israel declared "We will do and we will listen", they
were a kingdom of His holy people, and every member of Israel was presumed to
observe the mitzvot and worship the Lord. Within the framework of this people,
a sinner was defined as one who dismantles the walls of the world, and it was
permissible to relate to him as an "enemy" or a "hater",
because he was an aberrant phenomenon.

On the other hand,
parashat Ki Tetseh was given about forty years after the sin of the calf, to
the second generation of those who left Egypt, who were all classed as sinners
and rebels against God and his Torah, they were termed expressly "a
breed of sinful men". Actually, we – sons of all subsequent
generations – are in this category. In this state of things, if one discerns in
his fellow a sin of any sort, it is proper that he should first examine his own
doings; without doubt he will find blemishes and perversions. Since we, today,
are all immersed in sin, and "men of high caliber" are few, no one in
Israel has the right to relate to another as an "enemy" or "hater"
even if he is a sinner. One should view him as "his brother", for he
is no better than the other, and whoever finds disqualification and blemish in
his fellow, disqualifies him with his own blemish.

In these circumstances no
one has the right to disqualify others, and we do not have the right or
justification to consider them "enemies" or "haters"; all
of us, because of our many transgression "we people are brothers" and
we are obligated to assist anyone in distress without close examination of his tsitsit.

(Y. Leibowitz: Seven Years of Discussions of the
Weekly Parasha, p. 864)

Editorial Board: Pinchas Leiser (Editor), Miriam Fine (Coordinator),
Itzhak Frankenthal and Dr. Menachem Klein

Translation: Kadish Goldberg

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