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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 Israel - When 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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