WHEN

IN YOUR WAR AGAINST A CITY YOU HAVE TO BESIEGE IT A LONG TIME IN ORDER TO

CAPTURE IT, YOU MUST NOT DESTROY ITS TREES, WIELDING THE AX AGAINST THEM. YOU

MAY EAT OF THEM, BUT YOU MUST NOT CUT THEM DOWN. ARE TREES OF THE FIELD HUMAN

TO WITHDRAW BEFORE YOU INTO THE BESIEGED CITY?

(Devarim 20:19)

But you must not cut them down. Are

trees of the field human… The

commentators, of blessed memory, explained that the trees of the field are man's

life and food, similar to the verse, for that [taking a millstone in

pawn] would be taking someone's life in pawn (Devarim 24:6), there fore I command you not to

destroy it, for it is a blessing. In my opinion, the word human goes

together with you must not cut them down. The meaning of the passage is

that a tree is not like a human being whom you place under siege, and a wise

and intelligent nation does not destroy a worthy thing for no

purpose. Therefore, you should not apply your strength towards destroying the

trees of the field, rather be careful not to destroy or damage them. Rather,

take benefit from them – you may eat of them. But if you destroy it, you

end up harming and losing its benefits.

(Rabbeinu Behayeiy

on Devarim 20:19)

It

is known that the point of this commandment is to teach our souls to love the

goodly and the beneficial, and cling to it. As a result, the goodly will cling

to us, and we shall stay clear of any bad thing and any act of destruction. That

is the manner of the pious and of men of good deeds: They love peace, rejoice

in the wellbeing of other people and draw them close to the Torah. They would

never waste even a grain of mustard, and they are

distressed by any lose or destruction they see. If they can, they will use all

their strength to save something from destruction. The wicked are different,

they are brothers to harmful demons, they rejoice in the world's destruction

and they themselves are destroyers…

 (Sefer Ha-Hinukh, mitzvah 530)

You Shall

Appoint Magistrates and Officials in all of Your Gates

– In the Gate

of the City and in the Gate of the Soul

Ya'ir Eldan

The issue of authority, its origin,

maintenance, and institutions, runs as a thread through our parasha.

We are commanded to appoint judges and officials, not to deviate from their instructions,

to appoint a king, to support the Levites and priests (setting aside for them the

shoulder, cheeks, and stomach, as well as the tithes), accepting the leadership

of a true prophet while rejecting the false one, going to war by the order of

the people's leaders and of the priest anointed for war. The leaders are

required to announce their responsibility for the honest management of the

judicial system and for the appearance of murder victims (in the passage about

the eglah arufa,

the heifer whose neck is broken). The Mishnah in

tractate Sotah (7:1-2) states that, "These are

spoken in the holy tongue: the recitations of the first fruits and halitzah, the blessings and curses, the priestly

blessings, the High Priest's blessing, the section about the king, and the

section on the eglah arufa,

the proclamation made to the people by the priest anointed for war (mashuah milhamah)."

In constrast, the proclamations of the sotah, and of tithes, the recitation of the Shema, the Amidah prayer, grace

after meals, the oaths of witnesses and for collateral, may be made in any

language.

Why

be uttered in Hebrew?

The Mishnah

derives these laws through application of gezera

shava (the principle of analogous verses) to the

words ve'anu ve'amru

(and they shall make this declaration), which appear in connection

with the blessings and curses made at Mount Gerizim

and Mount Eval:

The Levites shall then proclaim (ve'anu ha'leviyim ve'amru) in a loud voice to all of the people of Israel:

Cursed be anyone who makes a sculptured or molten image, abhorred by the Lord,

a craftsman's handiwork, and sets it up in secret – And all the people shall

respond, Amen. Cursed be he who insults his father or mother. – And all the

people shall say, Amen. Cursed be he who moves his fellow countryman's

landmark. – And all the people shall say Amen. Cursed be he who misdirects a

blind person on his way. – And all the people shall say, Amen… (Devarim 27:14-18)

Just as the Levites made their

declaration (anu ve'amru)

in the holy tongue, so too in bringing the first fruits, where it is written

you shall make this proclamation (ve'anita ve'amarta) (Devarim 26:5),

and in connection with halitza it is written, and

she shall proclaim (ve'anta ve'amra) (25:9), and by the eglah

arufa, it says that the city's elders shall

proclaim (ve'anu ve'amru)

(21:7). (The

section about the king and the priest anointed for war are derived by gezera shava from

other passages).

What is the meaning of this formal

explanation? The division set up by the Mishnah seems

to be based upon a distinction between personal and public events. Hebrew is

the public language, and so it is used in situations having public

consequences, or in ceremonies which are themselves

public, while personal or local ceremonies can take place in other languages. This

division sheds light upon how the Mishnah views, for

instance, prayer and the sotah's proclamation, as

against the way it views halitzah or the eglah arufa. The

former are private or family affairs lacking public consequences, while the

latter affect the public sphere and act within it. An interesting phenomenon

takes place here – the gezera shava from the proclamation of blessing and curses on

Mount Grezim and Mount Eval

is not entirely shava ("equal").

The section about the king, the speech made by the mashuah

milhamah, and the elder's declaration of eglah arufa, are

all public texts, which come to strengthen social institutions (the king,

warfare, local city government), while the public ceremony of reading the list

of curses is primarily directed towards instilling self-discipline. He, who

transgresses a prohibition which is usually violated in secret, and which is

therefore unenforceable, is cursed.

This intersection offers a concrete

realization of the two-track flow of influence found in every culture – the observable,

public track of laws, enforcement, and deterrence (in language this includes

grammatical rules) as against the personal track which directs behavior through

conventions, customs, and cultural conventions. This track is hidden from the

eye (it is found in language, for instance, in the way speech preserves

patriarchy). In this sense, you shall appoint magistrates and officials in

all of your gates is a double commandment – publicly, it requires that

magistrates and officials sit at the gates of the city; privately, it requires

that magistrates and officials sit at the gates of the soul. Man must

discipline himself.

Three of the events mentioned in our parasha represent situations in which the unstable

foundations of institutional authority are exposed. An unsolved murder upsets

confidence in the judicial and social system. It demonstrates the possibility

of someone taking the law into his own hands without concern for severe

institutionalized punishment. Mobilization for war is perhaps the paradigmatic

encounter between the personal and the public spheres, and it offers the best

indication of the extent to which the regime can motivate people to act. The

appointment of a king constitutes a threat to divine authority, while divine

authority presents a constant threat to the authority of human kingship. In

these three cases the Hebrew language does not merely represent the public

aspect of the ceremony. Rather, as we have learned via the gezera

shava from the curses and blessings – the Hebrew

language also marks the cultural function of self-regulation, of the penetration

of authority into our own psyches to the extent that it seems self-evident. The

Sefer Ha-Hinukh's comments on the first

commandment of our parasha, the command to appoint

magistrates and officials, clarify this point:

The point of this commandment is

obvious; by establishing our religion through the public's fear of warriors and

magistrates, and by habituating them to the good and the right through fear,

the people will be educated to their nature – to do justice and righteousness

out of love and recognition of the true way.

The month of Elul, "whose days are

most choice and reserved for repentance" (Kitzur

Shulhan Arukh, 128),

reminds us again of the complex ties between the way political and religious

authority establishes itself and repentance at the personal and public levels. From

this vantage point, repentance, without quotation marks, consists of finding

the delicate balance between authentic personal identity and national identity,

between belonging and personal freedom, between cooperation and independence.

Self-regulation appears also, perhaps

principally, in democratic culture, which is indicative of the gentle methods

by which culture shapes the mindsets of individuals. Extreme self-regulation

includes negative elements – the formation of a false consciousness and a

paralyzing societal homogeneity. However, it also has positive elements: it expresses

a common cultural infrastructure built upon customs, habits and opinions. The

State of Israel is currently in a special political situation, replete with liminal events, which expose how unstable are the

foundations of political authority within it. Our parasha

teaches that a strong public and personal foundation is necessary in order for

us to get through these events with the institutions of political power left

intact.

Ya'ir Eldan is a PhD candidate in the

program for conflict management and resolution at Bar Ilan

University.

And do not erect a stone pillar

One Must Not Worship Stones

The

pillar which the Torah forbids is a structure at which all gather, even if the

purpose is to worship God, for such was the custom of the idolaters; as it said, and do

not erect a stone pillar Whoever sets up such a pillar is

punished with stripes. So too, in regard to the "figured stones"

mentioned in the Torah – any one who prostrates himself on it, even to worship

the Lord, is punished with stripes, as it is said, and do not place figured

stones in your land to worship upon (Vayikra

26:1)

– it having been the custom of idolaters to place a stone before an idol that

he worshippers might prostrate themselves upon it. We may not do the like unto

the Lord…

                                                                                 (RaMBaM, Hilkhot Avodat Kokhavim 6:6, Hyamson

translation)

The afraid

and disheartened – Spiritual, Psychological or Moral Categories?

The

afraid and disheartened? Let him go back to his home… (Devarim 20:8)

Rabbi

Akiva says: Afraid and disheartened is meant

literally – he cannot endure the armies joined in battle or bear to see a drawn

sword. R. Yossi Ha-Galili

says: The afraid and disheartened is he that is afraid for the

transgressions that he has committed; wherefore the Law has kept his punishment

in suspense, so that he may return because of them.

 (Mishnah Sotah 8:5, based on Danby translation)

Jacob was greatly frightened and

camels, into two camps

 (Bereishit

32:8)

Was

frightened – that he might be killed.

And anxious – that

he might kill the others.

(Rashi loc cit)

Choosing the King: Commandment

or Compromise? Or is the Proper form of Government Context-Dependent?

And

you say, "I will set a king over me…" (Devarim 17:14): Rabbi Nehorai

says: This verse speaks ill of Israel, as it is said, for it is not you that

their king (I

Samuel 8:7). Rabbi Yehudah said: But is it

not a commandment of the Torah that they request a king for themselves, as it

says set a king over yourself, one chosen by the Lord your God (Devarim 17:15)? And why were they punished in Samuel's

days? Because they brought him early by their own efforts like all the

peoples that surround us Rabbi Nehorai says: They

asked for a king only in order that he have them worship idols, for it is said,

that we may be like all the other nations: Let our king rule over us and go

out at our head and fight our battles (I Samuel 8:20).

 (Sifri Shoftim 156)

We

left world politics by duress, yet willingness is hidden inside it [i.e., the

Jews abandoned politics with a degree of hidden willingness] – until that happy

time comes when it will be possible to govern a state without evil and

barbarity; that is the day we look forward to. It is understood that in order

to realize this we must awaken with all our powers, to use all means the times

may bring: all is directed by the hand of God, creator of all worlds. The delay

is necessary, as our souls are disgusted by the terrible sins involved in

ruling a state in evil times. And behold, the time has arrived, [it is] very

close, the world shall be well-established and we shall be able to prepare

ourselves, for we shall then be ready to manage our state on foundations of

goodness, wisdom, honesty and the clear divine illumination.

 (Rabbi A. I. Kook, ztz"l,

Orot, pg. 14)

…and

it seems because the governing of the state varies, whether governed as a

monarchy, or in accordance with the opinion of the people and those chosen by

them. There is a country that cannot tolerate monarchy, and there is a country

which, when lacking a king, is like a ship without a captain. This matter

cannot be decided by a commandment, since a matter belonging to the governing

of general society involves life and death issues which take precedence over a

positive commandment…Therefore, it is not possible to absolutely command the

appointment of a king as long as the people do not agree to tolerate the yoke

of monarchy…

(The

NeTziV, Ha-Amek Davar on Devarim 17:14)

…it

may be stated that all the textual sources of Judaism agree that one is never

to see the governance of the state as a fundamental value of the human reality

of Torah observance. Rather, it constitutes the satisfaction of a necessary

need, which requires governance, monarchy or authority. These involve a great

risk, and one must always consider whether its disadvantages might outweigh its

advantages.

(Prof.

Y. Leibowitz, Sheva

Shanim shel Sihot al Parashat Ha-Shavua, pg. 847)

"When the Murderers became Numerous – the Eglah Aufah was Revoked"

How

are we to understand these words of the Sages, relating to the discontinuation

of the eglah arufah

and "bitter waters" [of the Sotah] due to the

proliferation of murderers and adulterers? The answer is that these

commandments involve impressive rites of atonement that were carried out in

exceptionally rare instances, and which were intended to close breaches in the

existing fence…

When

the foundations of the life of Torah and purity are destroyed, as in our own

days, when murder, bloodshed, rape and adultery are reported almost daily in

the media, and in the context of a society in which murderers act openly, there

is almost something ridiculous and revolting when organizations and

associations devote themselves to battling these phenomena, and we see how what

was in the past a legal institution and an act bearing restorative influence

disappears and is revoked when the generation is unworthy of it.

What

is this like? A rabbinate which proclaimed a dire prohibition

against the butcher using an imperfect knife to slaughter pigs. This is

true as well of the struggle against damaging graves, of which we hear constantly.

(Prof.

Y. Leibowitz, Sheva

Shanim shel Sihot al Parashat Ha-Shavua, pg. 858)

If you enjoy Shabbat Shalom,

please consider contributing towards its publication and distribution.

• Hebrew

  edition distributed in Israel $1000

• English

  edition distributed via email $ 100

Issues may be dedicated in honor

of an event, person, simcha, etc. Requests must be

made 3-4 weeks in advance to appear in the Hebrew, 10 days in advance to appear

in the English email.

About us

Oz Veshalom-Netivot

Shalom is a movement dedicated to the advancement of a civil society in Israel.

It is committed to promoting the ideals of tolerance, pluralism, and justice,

concepts which have always been central to Jewish tradition and law.

Oz Veshalom-Netivot

Shalom shares a deep attachment to the land of Israel and it no less views

peace as a central religious value. It believes that Jews have both the

religious and the national obligation to support the pursuit of peace. It

maintains that Jewish law clearly requires us to create a fair and just

society, and that co-existence between Jews and Arabs is not an option but an

imperative.

Oz Veshalom-Netivot

Shalom's programs include both educational and

protest activities. Seminars, lectures, workshops, conferences and weekend

programs are held for students, educators and families, as well as joint

seminars for Jews, Israeli Arabs and Palestinians. Protest activities focus on

issues of human rights, co-existence between Jews and Arabs, and responses to

issues of particular religious relevance.

9,000 copies of a 4 page peace

oriented commentary on the weekly Torah reading are written and published by Oz

VeShalom/Netivot Shalom and they are distributed to

over 350 synagogues in Israel and are sent overseas via email. Our web site is www.netivot-shalom.org.il

Oz Veshalom-Netivot

Shalom's educational forums draw people of different

backgrounds, secular and religious, who are keen to deepen their Jewish

knowledge and to hear an alternative religious standpoint on the subjects of

peace and social issues.

Oz Veshalom-Netivot

Shalom fills an ideological vacuum in Israel's society. Committed both to

Jewish tradition and observance, and to the furthering of peace and

coexistence, the movement is in a unique position to engage in dialogue with

the secular left and the religious right, with Israeli Arabs and with

Palestinians.