Wednesday, August 18, 2010

A thought on Parshas Ki Tetzae

A Thought on Parshas Ki Tetzae

"...lo talin nivlaso al ha'etz... ki kil'ilass Elokim talui..."
"...you may not leave a body hanging on the gallows...
a hung person is a curse of HaShem (21:23)

There were some persons who were executed by the Sanhedrin for major offenses. It was rarely done but the Torah nonetheless prescribes death penalties at times. Some of those who were executed were then hung on a gallows, after the fact, before proper burial.

Our verse warns not to leave that corpse hanging. The emphasis is that somehow, it is a "curse directed at HaShem" to do so. Different commentaries have offered various views of the meaning of that clause.

The Rambam (Sefer HaMitzvos 66) writes that the typical case of post-execution hanging was for those who committed acts of idolatry or of blasphemy. He suggests that there is a "reverse psychology" at risk here. By leaving those dead men to hang, there is a subtle reminder that people have actually engaged in the heinous acts of forsaking HaShem and cursing at Him. Hanging around for a long interval would broadcast that there are people who dare to do such defiant acts of scorning the sacred. Although everyone would know that they ended up "paying" for their sins, the impression would linger nonetheless that they had dared to do the unspeakable. People would ponder this and would be less immune to the idea of sins of this magnitude. Therefore, the symbolic hanging is curtailed to promote and preserve the honor and fear of HaShem's name. Otherwise, "that hung corpse reinforces the possibility that one might have the audacity to curse Him."

The Rosh writes along the same lines: if the executed man is not buried, this would lead to a lack of respect for HaShem. People would see this corpse, would know why he was punished, and would be reminded not of what happens to the blasphemer but that this man cursed HaShem and rejected the ikar that we hold true: the name of the Divine is hallowed and to act otherwise is a desecration of Heaven.

In our days, casual cursing has become so habitual that it seems hard for us to accept that mere words can be considered such a theological affront. We do not always appreciate the nature of sanctifying HaShem, and this is why we do not always think about Chillul HaShem. No noose is good noose when you have come to the end of your rope.

Good Shabbos. D Fox

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