Gate 95

Some problems in the text of our Parshah:

1) Why does the Torah need to legislate a principle such as the monarchy, something which is in world wide use already?

2) What is the logical connection between such diverse commandments as "do not plant for yourself a nature retreat for worship purpose,⁠" and "do not offer a blemished animal as a sacrifice"? (Deut. 16,22 and 17,1)

3) Why is the authority of the Sanhedrin (highest Court) such that in the words of the Sifri: "if they declare left to be right and right to be left" it must be accepted? Besides, what kind of an example is this? If no one knows which is right and which is left and the Sanhedrin has to be consulted on the issue, who would know that the Sanhedrin had been in error?

4) What is the meaning of the eglah arufah legislation?

"Judges and officers shalt thou make thee" etc.

It is a fact that nature works on the basis of promoting the useful and avoiding that which is harmful. If even the inarticulate animal kingdom knows how to choose a lifestyle that ensures its survival, man, who is endowed with superior intelligence can be expected to do likewise in even greater measure. By the same token, an animal that acts contrary to its healthy instinct, causes but limited harm. If man, however, should act contrary to his best interests, the harm he may cause can be far more extensive. If we do observe the odd phenomenon such as the ant act intelligently despite the absence of central leadership, this unusual phenomenon serves to draw our attention to the fact that normally, leadership is essential for successful pursuit of a nation's purpose.

1) If leadership is essential to avoid localised damage, it is even more essential to avoid widespread damage and destruction such as can be perpetrated by man. In order to minimize the need for Divine intervention, the Torah orders the active pursuit of righteousness. (16,20) In order to accomplish this, every town must have its own Court and police force with varying degrees of authority and competence required for the adjudication of civil law and criminal law respectively. (verses 3-23) Justice must not be bent, bribery is prohibited. Since man has a greater tendencey to be ruled by his basic urges, legislation to prevent or minimize this is important. Even the best man is not immune against the lure of material gain or the lure of acquiring power. The Torah therefore warns against the abuse of power by those entrusted with it. Even rabbis must not sit in judgment when one of the litigants is a colleague of theirs, a fellow rabbi. Their esteem for fellow sages might impair their impartiality. (Shabbat 119) The Torah issues a triple warning concerning the dispensation of justice on an impartial basis. "Do not wrest judgment, do not take bribes, do not respect persons.⁠" (verse 19) He who ignores these instructions is akin to someone who plants an asherah, a tree for the purpose of worship, (16,22) or he who "builds a pillar" for the purpose of sacrificing to another deity. (16,22)

2) He who employs laymen as judges instead of experts, is like someone who erects a pillar to worship. He who uses gentile legal methods is like someone planting an asherah for idol worship. He who displays prejudice and favouritism when adjudicating a case, is like someone who offers a blemished animal to God as a sacrifice.

3) Torah justice is distinguished by applying criteria that go beyond the mere power of human reason. The most heinous crime, idol worship, when committed by an individual, is dealt with by local authorities. When a community should be guilty of such a sin, it requires the Sanhedrin, the Supreme Court of seventy one elders to obtain a conviction. No amount of circumstantial evidence suffices to convict a defendant of a capital crime. Ki yipale, if there are circumstances when the local Court is not competent to arrive at a valid conclusion, then the case is referred to the Sanhedrin. This is so, since the Sanhedrin is the only one permitted to introduce innovative procedures al pee hatorah, as long as they are demonstrably based on Torah principles. If after such a decision which is issued by the Sanhedrin, an individual judge persists in countermanding such a decision or decree, he is dealt with as a zaken mamre, a rebellious elder. After the Torah has completed discussing the dispensation of justice relating to local problems, she now returns to discuss leadership and justice on a national level. Therefore we have here the paragraph about appointment of a king and the restrictions such a king is subject to. It is evident that the appointment of a king is not permitted until after the Canaanite tribes have been destroyed or driven out of the land, and there is a secure and permanent Jewish presence in the land. The reason, presumably, is to make sure that such a king will not be credited with the conquest of the land. Nor, for that matter, are the people themselves to take credit for the conquest. Since God had sworn to the ancestors of the Jewish nation to give this land to their descendants, this promise had to be kept. Once conquered however, normal political administration would be in order. In chapter fifty, we have discussed why the destruction of Amalek was mandatory, whereas neither appointment of a king nor building a temple were mandatory. Since observance of Torah law and study of Torah lead to a life without excesses in food or drink or sex, it is proper that the king as leader of Jewish society reflect such teachings in his personal life, and thus serve as a model and inspiration for his subjects. This is why the Torah legislates restrictions on the size of his army, his wealth, and demands that he both study the Torah and write a Torah scroll. He is to have same at his side at all times. (17,16-21) Since the king needs to obtain permission from the High Priest before he can engage in a war of conquest, the Torah continues with other legislation concerning priests. Priests are not included in those to whom the land is distributed, but they are entitled to a share of most sacrificial offerings brought to the temple by the people. This is to assure their livelihood. They have unrestricted right to participate in the temple service during the holy day period.

Since the Torah had made a point of outlining that the people should conduct their own affairs in the previous chapter, the restrictions on methods that may be used must be outlined also. The king, though instructed to consult God via the breastplate of the High Priest, must not resort to consulting other media such as oracles, commonly employed by the previous rulers of the land of Canaan. In fact, such soothsayers must not be tolerated in Jewish society and must be put to death. God will provide prophets for His people who will grant them an insight into what the future holds when He deems such knowledge to be useful and necessary. Should there be someone who claims to be a prophet but is in reality an impostor, he must be executed. The entitlement to have prophets stems from the laudable sentiments expressed by the people on the occasion of the revelation at Mount Sinai. At that time they had wished to be addressed by Moses rather than by God Himself, an experience they had found too terrifying. Anyone demurring against a true prophet would be held responsible by God, since that kind of guidance had been introduced in answer to the people's own request. The entire Parshah then has discussed various aspects of leadership here on earth, and it is the Torah's goal to establish a system of leadership in our society that is patterned on the kind of justice and leadership that exists in the celestial regions.

4) Murder, and its resultant damage to the fabric of society, is due in the first instance to the murderer, and in the second instance to improper administration of law and order by the judiciary. Thirdly, it may be due to the laxity of the Sanhedrin in carrying out its duties. Accordingly, the Torah presents the case of the eglah arufah to illustrate the extent of the liability shared by people who are apparently quite unconnected with the murder that has taken place. Man does not live in a vacuum. A crime committed by a person in a room, is the responsibility of that person. Should it be impossible to identify the person who has committed that crime, the search for the criminal must include the house in which the room is located. Should search of the house fail to identify the culprit, the entire city becomes a natural area for further search. The case of ki yimatze challal basadeh, when a person is found slain in the field, is similar. The Torah describes the ever widening circles of search for the party responsible, and the need for all parties to exonerate themselves from having had any connection with the crime committed. The Sanhedrin, as the seat of the administration of justice, represents the entire nation. The Torah commands that the central authority get involved in the search for the guilty party, and gradually the search is narrowed to those closest to the murder that has been committed. It is the involvement of representatives of the highest Court that underscores the collective responsibility felt for a crime committed by a single individual, that assures the high moral standards displayed in Jewish society. Since the elders of the town nearest to the slain person are nearer to the site where the crime had been committed, their participation in the atonement ceremonies, i.e. the killing of the virgin heifer is more direct than the participation of the elders of the Sanhedrin. In order to prevent the suspicion that the elders might have condoned murder, they declare that their actions had been such that they could not have been a factor in this crime. "Our hands have not spilled this blood.⁠" (21,8) By asking for mercy in their plea for forgiveness, the priests present indicate that the fact that murder has occurred is proof that the innocence of the elders is not that total, that Gods forgiveness needs to be invoked. Only after the prayer of the priests, whose general function is to facilitate atonement for the Jewish people, can the guilt of the innocent blood that has been spilled be wiped out completely. The reason that amcha yisrael, Your people Israel, is mentioned in the prayer, underlines that everyone in some degree shares the responsibility for what has occurred.