Ki Teitzei 5764 – Gilayon #356


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Parashat Ki Tetseh

A

MAN TAKES A WOMAN AND COHABITS WITH HER. THEN HE TAKES AVERSION TO HER AND

MAKES UP CHARGES AGAINST HER AND DEFAMES HER…

(Devarim 20:19)

 

Takes aversion – Rabbi

Yishmael says: Come and see what hatred can cause – it

brings him to lashon ha-ra

[evil speech]. From this you can say: [When] a person commits a minor sin,

he ends up committing a serious sin; he transgresses love your neighbor as

yourself (Vayikra 19:18) and he ends up transgressing you

shall not take vengeance or bear a grudge (ibid) and you shall not hate

your kinsfolk in your heart (19:17), and let him live by your

side as your kinsman (25:36) until it comes to bloodshed.

(Sifri Devarim, Ki Teitzei 87)

 

Makes up charges

Now Moses [was tending the flock…] (Shemot 3:1). As is written: He made known

His ways to Moses, His deeds [alilotav] to the

children of Israel (Tehilim103:7). The traits

and deeds of mortals are twisted, for it says, he makes up charges [alilot devarim] about her (Devarim 22:14). However,

the traits and deeds of the Holy One blessed be He are compassionate, for it

says, the Lord is compassionate and gracious (Tehillim 103:8), and those are the traits which He

made known to Moses in the hour when he said to Him, make Your ways known to

me (Shemot 13:33).

(Shemot Rabbah 2:1)

 

 

Permitted and

Obligatory Wars

Pinchas Leiser

Rashi,

following the tannaitic midrash,

Sifrei, interprets ki

teitzei la'milhamah

[when/if you go out to war]
(Devarim

21:10)

as referring to a permitted war, making the whole chapter a description of the

situation in which the national leadership has decided to wage an "optional

war." This kind of war is limited by clear halakhic

boundaries, as we read in the Mishnah (Sanhedrin 1:5): "An

optional war is waged only by authority of the Court of Seventy-One [judges]."

This may have been intended to constrain the military and political whims of

the "legitimate sovereign," but we still cannot be sure that things

always proceeded in accordance with the halakhah.

In any case, Rashi,

following Midrash Tanhuma,

addresses the juxtaposition of topics within the parasha,

and perceives a connection between the beautiful [captive] woman and the

hated woman, and between the hated woman and the wayward and

defiant son. He writes (21:11):

And would take her for yourself for a wife – Scripture is speaking (making

this concession) only in view of man's evil inclination. For

if the Holy One, blessed be He, would not permit her [to him as a wife], he

would [nevertheless] marry her although she would then be forbidden [to him].

However, if he does marry her, in the end he will hate her, for Scripture

writes [immediately] afterwards, if a man has two wives [one beloved, the

other hated] (15), and ultimately he will beget a

wayward and defiant son by her. It is for this reason that these sections

are put in juxtaposition. (Based on Silberman translation)

Rashi

summarizes the Tanhuma's comments, and deals only

with the juxtapositions of the sections on the beautiful [captive] woman,

the hated woman, and the wayward and defiant son. Rashi's ideas can be extended in two directions:

a)

One should not forget that the whole story begins with a "permitted"

war; the phenomenon of the beautiful [captive] woman and the tendency to

be lured by the drive for conquest seem to be more likely in the case of an "optional"

war. The Torah tells us that such a war creates a condition of weakened

spirituality, and the evil inclination may take control over a man. In those circumstances,

the Torah cannot absolutely prohibit a man from satisfying his inclinations;

rather it tries to minimize the damage, while informing us of the unfortunate

consequences to come. Lust for conquest leads neither to love

nor to mutual respect, making it likely for children resulting from that relationship

to be "impaired." Such children are conceived in sin, born in

sin, and grow in sin.

b)

The author of Midrash Tanhuma

himself reads the whole parasha in light of the

principle, "The performance of a commandment brings the performance of an

additional commandment in tow, and transgression brings further transgression

in tow." The midrash

states:

When you go out to war – Our

rabbis learned: "The performance of a commandment brings the performance

of an additional commandment in tow, and transgression brings further

transgression in tow."

And you see among the captives, etc.

and she shall shave her head and pare her nails (11, 12) – so

that she will not be attractive to you.

What is written afterwards? if a man has two wives – two [wives] in the

home [means] conflict in the home; either one will be beloved and the other

hated, or both shall be hated.

What is written next? If a man has a

wayward and defiant son – anyone who marries a beautiful [captive] woman

will beget of her a wayward and defiant son. So it is written

regarding David, who, when he waged war, desired Ma'akha,

the daughter of Talmi, king of Gashur.

From that relationship came Avshalom, who tried to

kill him, who laid with his ten concubines in broad daylight before the eyes of

all Israel, by whose hand tens of thousands were killed in Israel, and he

caused conflict in Israel, killing Shim'i ben Gera, and Sheva

ben Bikhri, and Ahitofel, and Mefiboshet, and

killed Ish-Boshet, setting up Tziva

over Saul's entire house…Next is written, If a man is guilty of a capital

offense and is put to death (22). If he survives the one [death

as a wayward and defiant son], he will not be saved from the other

[punishment for a capital offense]. We learn [from all of this] that the

performance of a commandment brings the performance of an additional

commandment in tow, and transgression brings further transgression in tow. From

where [do we learn the first part of the statement]? It is written, If, along the road, you chance upon a bird's nest…in

order that you may fare well and have a long life (22:6, 7). What

is written next? When you build a new house (8) – you

will merit building a new house and setting up a rail [around its roof]. What

is written next? You shall not plant your vineyard with a second kind of

seed (9) – you

shall merit having a vineyard and sewing a field. What is written next? You

shall not plow with an ox and an ass together (10) – you

shall merit owning oxen and asses. What is written next? You shall not wear

cloth combining wool and linen (11) – you will merit owning fine

clothing of wool and fine clothing of linen. What is written next? You shall

make tassels (12) – You will merit performing the

commandment of tzitzit. What is written

next? When a man takes a woman (13) – you will merit having a wife

and children; and so we learn that that the performance of a commandment brings

the performance of an additional commandment in tow, and transgression brings

further transgression in tow – that is why these passages have been arranged to

follow each other.

(Tanhuma, Ki Teitzei, 1)

The author of this midrash reads a large section of the parasha as a continuous stream of interrelated topics, but

he does not follow this exegetical strategy through to the end of the parasha. He concludes with the man who merits fulfilling

the commandment of tzitzit, who also gains a

wife and children, but ignores the continuation, in which he cohabits with her,

and then hates her and makes up charges against her (22:13-14). That

is not an appropriate consequence of wearing tzitzit,

and a man may ask himself, "Is this the commandment and this

the reward?" It might be possible to read the midrash

in a less decisive and deterministic fashion: even the performance of he

commandment of tzitzit does not protect one

from the possibility of developing enmity towards one's betrothed, or towards

any other human being. One cannot buy an insurance policy against hatred and

immoral behavior by performing some commandment or another. Tzitzit

can serve as a reminder for the person who wants to remember, but it is all up

to the person involved and his own volition.

At each stage, a person must make a

choice, and the "bringing in tow" is simply one's path in life, which

increases the possibilities of one's ending up a sinner or a saint, but none of

this works automatically.

It would be interesting to investigate

all of these connections from the perspective of the "juxtaposition of

passages," but that would require that we go beyond the limits of this

article.

Again following the Tanhuma,

Rashi reads the passage concerning the commandment to

remember Amalek, which appears in the end of our parasha, as a continuation of the topic of dishonesty:

Remember what Amalek

did to you: If you use false weights and measures then you must

apprehend the provocation of the enemy, as it states, a false balance is an

abomination to the Lord (Mishlei 11:1), and

there is written immediately after this, if intentional sin comes, shame

comes (11:2). (Rashi on Devarim 25:1, Silberman translation)

Rashi's words

may be read as suggesting that Amalek appears as a "punishment"

for dishonesty. There is a degree of "poetic justice" here, since the

strong cheat with weights and measurements, making use of their superior

power-status to exploit the other – exactly the defining characteristic of Amalek; he surprised you when you were famished and weary,

and cut down the stragglers in your rear (Devarim

25:18).

But perhaps this is not necessarily a punishment, but rather the setting down

of rules and the creation of a culture. By the very nature of things, if we

adopt an Amalekite culture, which exploits the

weakness of the other, then these will be the "rules of the game" in

the society in which we live, and they will also be used against us.

If we wish to connect all of this with

the beginning of the parasha, we can say to a certain

degree that the people's decision to set out on an "optional" war may

cause the fighters to be overtaken by lust for conquest, and for exploitation

of the beautiful [captive] woman's weakness, which is also Amalekitism. The war against Amalekitism

is an obligatory war, which we are required to wage in every generation and

with greatest diligence upon our entry to the Land of IsraelWhen

you enter the land.

Pinchas Leiser, the

editor of Shabbat Shalom, is a psychologist.

 

 

The True War is Internal

This

is hinted at in Zohar Hadash,

When you go forth in war against your enemy,

that is to say, that when you will have to set out to war against Satan, the

great enemy, I promise you, the Lord your God will deliver him into your

hands and you will take some of them captive. And you will see among the

captives a

beautiful woman, that means to say that you will

become aware that the Holy Shekhinah (Divine

Presence) is held captive because of your deeds, and if you are not with her

before judgment there is no good, God forbid. Therefore, desire her and take

her… bring her into your house, so that the Shekhinah's

influence upon you will continue. And by what means? She shall lament her

father and mother for a month's time, that is, the month of Elul which is

given for increased lamenting over sins.

(Arvei Nahal)

 

Then guard yourself against

anything bad (Devarim 23:10):

Moral Behavior in the Moment of Truth

When

you go forth in camp (Devarim

23:10)

Even when you have left your homes and the restricting influence of ordinary

family and social life and find yourself in a military camp set out for war against

an enemy (the Sifri stresses the words against

your enemy, the Torah assumes that you will only wage war against enemies

who have proven themselves to be such, from whose enmity you have suffered and

whose further actions you must expect, against whose attack you have to protect

your land and your families; (this excludes any aggressive war of conquest) – so

that even when you are in a military camp where the ordinary restrictions of

morality and decency become so easily loosened, and the purpose of the war

itself could tend to foster unrestrained coarseness and brutality, then

guard yourself against anything bad, you are not to loose your

self-controlling inner inspection and keep yourself on guard against

anything bad.

(Rabbi

S.R. Hirsch on Devarim 23:10, Levy translation)

 

Human Dignity, even of Sinners,

is Divine Dignity

For

he that is hanged is a degradation of God – i.e., a degradation of the

Divine King, for man is made in His image and the Israelites are His children. A

parable! [It may be compared to the case of] two twin brothers who [very

closely] resembled each other: one became king and the other was arrested for

robbery and was hanged. Whoever saw him [on the gallows] thought that the king

was hanged. Whenever the term klalah ["curse,"

here "degradation"] occurs in Scripture it has the meaning of holding

in light esteem and despising, as e.g., who despised [killel]

me with utter despite (I Kings 2:8).

(Rashi, Devarim 21:23, Silberman translation)

 

Compassion and Gratitude as

Ethical Demands

The

Torah has taught us that one must go exceedingly far indeed in the exercise of

this moral quality. Namely, a man ought to take care of his relatives and grant

very strong preference to the bond of the womb. Even if his relative should do

him an injustice and a wrong and should be extremely corrupt, he must nevertheless

regard his kinsman with a protective eye. He, may He be exalted, says: You

shall not abhor an Edomite, for he is your brother

(Devarim 23:8). Similarly everyone of whom you have

had need some day, everyone who was useful to you and whom you found in a time

of stress, even if afterwards he treated you ill, ought necessarily to have

merit attaching to him because of the past. He, may He be exalted, says: You

shall not abhor an Egyptian, because you were a stranger in his land (23:8). And

it is generally known how greatly the Egyptians vexed us (Bamidbar 20:15)

afterwards.

(RaMBaM Guide for the Perplexed, III:42, Pines translation)

 

The Good of Society is Dependent

to a Great Degree Upon the Happiness of the Individual

The

following are exempt from joining the army and are not requisitioned for any

service whatsoever: he who built a house and dedicated it; he who married his

betrothed wife or the wife of his deceased brother; he who planted a vineyard

and used the fruit thereof – these do not go forth (to battle) till the

completion of one year, as it is said: He shall be free for his house one

year, and shall cheer his wife whom he has taken (Devarim 24:5). It has been learned by tradition that

he shall be free one year whether he acquired a house, or married a wife, or

planted a vineyard the fruit whereof he has begun to use.

(RaMBaM, Hilkhot Melakhim 7:10, Hershman

translation)

 

…And the Torah looks upon this duty

of a husband for the happiness of the marriage as being such a high one, and lays

such importance to it, not only for its individual happiness but also for

national well-being that, for a

whole year after marrying a wife, it frees him from all public services and

duties, yea, actually forbids him undertake any of them so that he can give

himself up entirely to his home life and to laying the foundation of his wife's

happiness…

Clearly

at the root of these laws lies the point of view that a state, the concept of a

state as a whole, only has reality in the actual numbers of all its individual

members, but apart from them, or next to them, one cannot consider the

existence of a state as a concept in itself. So that the national welfare can

only be sought in the well-being and happiness of all the single individuals,

hence every flourishing and happy home is a contribution to the realization of

the goal set for the entire nation, hence has to be met by the nation with

careful, encouraging, and promoting consideration.

(Rabbi

S.R. Hirsch on Devarim 24:5, Levy translation)

 

 

 

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