A thought on Parshas Shoftim
A Thought on Parshas Shoftim
"...v'atah t'va'er ha'dam ha'naki mi'kirbecha..."
"...and you shall remove the innocent blood from your midst..." (21:9)
In the case of the unsolved murder, the Torah prescribes a series of steps which the court and the town's inhabitants must follow. It appears to be a ritual that involves the elders, the kohanim, a process requiring a specific type of animal and a precise location. Words must be recited and the passage closes with a plea for atonement followed by the above verse. What is the theme within this intricate process? What are its lessons for us? In what ways might the involvement of so many people with so many ritual steps culminate in the "removing of innocent blood"? A life was taken by violence. Isn't it to late to remove that?
The Rambam (Moreh HaNevuchim 3:40) declares that the meaning of the process is clear! He notes the involvement of so many people in so many steps. Measuring distances, finding a select calf, assembling the town elders, gathering the priests, the public declaration that no one has found the killer, decapitating the calf and leaving it near a rustic valley stream - all of this attracts a lot of attention and publicity. So many people get engaged in attending to the process knowing that despite all their efforts, the town leaders may still be forced to concede their collective failure in not protecting this victim nor avenging his death...
The Rambam says that all of that activity, and its tragic onset, and the ultimate guilt which it brings on the people may be enough to trigger discussion. Maybe someone will remember a detail, a face, a curious recollection. Perhaps word of mouth will circulate and someone will begin to put the puzzle into place. Perhaps the identity of the murderer will materialize.
If nothing else, when the landowner upon whose property the stream flows realizes that if the egla arufa process is carried out, his field will be forever more off limits and restricted, he will go to great lengths to have the crime investigated so that the killer is found and his land remains unfettered. Thus, the entire process with its details and intricacies can serve as a motivator to "remove the shameful stain of the spilled blood." The town will have succeeded in bringing about justice after the fact, which is a partial atonement for any role that they had in this tragedy.
The Rosh focuses on the closing words of our verse -
"...ki ta'aseh ha'yashar b'ainae HaShem..."
"...you shall remove the innocent blood when you do what is right in HaShem's eyes..."
People jump at the opportunity to do a mitzva particularly when it is a rare and unusual one, and particularly when there has been a tragedy r'l. People are often filled with zeal and are burdened with shock when there is trauma. Some withdraw, some are fearful and a remedy for that communal paralysis is when they have something constructive to engage in. By doing what is right, says the Rosh, and by mobilizing in the pursuit of this atypical mitzva, people will come out of their withdrawal which means that someone who may have witnessed the crime or who knows something about it will have the courage to come forth. Thus, avenging the spilt blood and bringing about some communal atonement may eventuate if the people are commanded to participate in the mitzva. All of the mitzvos are just and correct, as we say in Tehillim (33:4) ki yashar dvar HaShem.
According to the Rambam, it is the burden and difficulty and potential property loss which can get people to act. According to the Rosh, it is the engagement in doing what HaShem deems right which might then spur people to act more responsibly. What give you the impetus to take corrective action? What does it take before you feel impelled to help those who are hurting in your community? Do you come forth in order to avoid later complications which you might have to face yourself? Do you protect others because it is equitable and self-protective, or is it the glow of knowing that listening to HaShem can mean that HaShem will listen to you? Does it take a righteous spiritual act to make you more conscious that there are interpersonal responsibilities which are righteous too?
Good Shabbos and reflective Elul. D. Fox
"...v'atah t'va'er ha'dam ha'naki mi'kirbecha..."
"...and you shall remove the innocent blood from your midst..." (21:9)
In the case of the unsolved murder, the Torah prescribes a series of steps which the court and the town's inhabitants must follow. It appears to be a ritual that involves the elders, the kohanim, a process requiring a specific type of animal and a precise location. Words must be recited and the passage closes with a plea for atonement followed by the above verse. What is the theme within this intricate process? What are its lessons for us? In what ways might the involvement of so many people with so many ritual steps culminate in the "removing of innocent blood"? A life was taken by violence. Isn't it to late to remove that?
The Rambam (Moreh HaNevuchim 3:40) declares that the meaning of the process is clear! He notes the involvement of so many people in so many steps. Measuring distances, finding a select calf, assembling the town elders, gathering the priests, the public declaration that no one has found the killer, decapitating the calf and leaving it near a rustic valley stream - all of this attracts a lot of attention and publicity. So many people get engaged in attending to the process knowing that despite all their efforts, the town leaders may still be forced to concede their collective failure in not protecting this victim nor avenging his death...
The Rambam says that all of that activity, and its tragic onset, and the ultimate guilt which it brings on the people may be enough to trigger discussion. Maybe someone will remember a detail, a face, a curious recollection. Perhaps word of mouth will circulate and someone will begin to put the puzzle into place. Perhaps the identity of the murderer will materialize.
If nothing else, when the landowner upon whose property the stream flows realizes that if the egla arufa process is carried out, his field will be forever more off limits and restricted, he will go to great lengths to have the crime investigated so that the killer is found and his land remains unfettered. Thus, the entire process with its details and intricacies can serve as a motivator to "remove the shameful stain of the spilled blood." The town will have succeeded in bringing about justice after the fact, which is a partial atonement for any role that they had in this tragedy.
The Rosh focuses on the closing words of our verse -
"...ki ta'aseh ha'yashar b'ainae HaShem..."
"...you shall remove the innocent blood when you do what is right in HaShem's eyes..."
People jump at the opportunity to do a mitzva particularly when it is a rare and unusual one, and particularly when there has been a tragedy r'l. People are often filled with zeal and are burdened with shock when there is trauma. Some withdraw, some are fearful and a remedy for that communal paralysis is when they have something constructive to engage in. By doing what is right, says the Rosh, and by mobilizing in the pursuit of this atypical mitzva, people will come out of their withdrawal which means that someone who may have witnessed the crime or who knows something about it will have the courage to come forth. Thus, avenging the spilt blood and bringing about some communal atonement may eventuate if the people are commanded to participate in the mitzva. All of the mitzvos are just and correct, as we say in Tehillim (33:4) ki yashar dvar HaShem.
According to the Rambam, it is the burden and difficulty and potential property loss which can get people to act. According to the Rosh, it is the engagement in doing what HaShem deems right which might then spur people to act more responsibly. What give you the impetus to take corrective action? What does it take before you feel impelled to help those who are hurting in your community? Do you come forth in order to avoid later complications which you might have to face yourself? Do you protect others because it is equitable and self-protective, or is it the glow of knowing that listening to HaShem can mean that HaShem will listen to you? Does it take a righteous spiritual act to make you more conscious that there are interpersonal responsibilities which are righteous too?
Good Shabbos and reflective Elul. D. Fox
posted by Rabbi Dr. Fox at 7:55 PM
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