Discussion of selected verses of the parsha through the lens of Mussar, particularly "Dan L'chaf Zechut".
Bullet Points: this parsha contains 74 mitzvot, more than any other
Laws pertain to female captives of war, slavery, marriage and family relationships, agricultural, ritual, moral and humane considerations.
Some laws: the beautiful captive, the inheritance rights of the firstborn, the wayward and rebellious son, burial and dignity of the dead, returning a lost object, sending away the mother bird before taking her young, the duty to erect a safety fence around the roof of one’s home, and the various forms of kilayim (forbidden plant and animal hybrids). Many laws here are the origins of core values: Honoring the dead כבוד המת Restoring lost property השבת אבדה Kindness to animals, צער בעלי חיים
Also are laws governing the purity of the military camp; the prohibition against turning in an escaped slave; the duty to pay a worker on time, and to allow anyone working for you—man or animal—to “eat on the job”; the proper treatment of a debtor, and the prohibition against charging interest on a loan; the laws of divorce (from which are also derived many of the laws of marriage); the penalty of thirty-nine lashes for transgression of a Torah prohibition; and the procedures for yibbum (“levirate marriage”) of the wife of a deceased childless brother, or chalitzah (“removing of the shoe”) in the case that the brother-in-law does not wish to marry her.
Ki Teitzei concludes with the obligation to remember “what Amalek did to you on the road, on your way out of Egypt.”
With such a wide range of rules and regulations, Ki Teitzei is almost a mini-Torah of its own, a little blueprint for how to establish a righteous and compassionate society. ~ Rabbi Arthur Green
“Dan Lechaf Zechut” is one of the most difficult middot to master, since it is a human tendency to jump to conclusions, to immediately suspect others of wrongdoing or to judge them superficially, just based on appearances. ~Rabbi Lisa Malik
Holy self-esteem is the foundation for leading a good life. Holy self-esteem doesn’t mean you ignore your flaws. Instead, you recognize you are flawed, but don’t allow your flaws to shatter you. Instead, you believe in yourself and believe you are very, very precious to Hashem. You believe doing teshuva and coming closer to Hashem is the best possible way to express your self-worth. ~Chaya Rivka Zwolinski
Context for the parsha from Shoftim:
(י) כִּֽי־תֵצֵ֥א לַמִּלְחָמָ֖ה עַל־אֹיְבֶ֑יךָ וּנְתָנ֞וֹ יְהֹוָ֧ה אֱלֹהֶ֛יךָ בְּיָדֶ֖ךָ וְשָׁבִ֥יתָ שִׁבְיֽוֹ׃
כי תצא למלחמה. בְּמִלְחֶמֶת הָרְשׁוּת הַכָּתוּב מְדַבֵּר, שֶׁבְּמִלְחֶמֶת אֶרֶץ יִשְׂרָאֵל אֵין לוֹמַר וְשָׁבִיתָ שִׁבְיוֹ, שֶׁהֲרֵי כְבָר נֶאֱמַר (דברים כ') לֹא תְחַיֶּה כָּל נְשָׁמָה:
כי תצא למלחמה WHEN THOU GOEST FORTH TO WAR — Scripture is speaking here of a war that is not obligatory upon the Israelites (Sifrei Devarim 211:1), for in regard to a war that was waged against the inhabitants of Eretz Israel, Scripture could not possibly say, “and thou hast captured captives”, since it has already been stated regarding them, (Deuteronomy 20:16) “[But of the cities of those people ...] you shall not allow any soul to live”.
The Hebrew phrase al oyvecha, עַל־אֹיְבֶ֑יךָ“on your enemies,” can also be understood in the literal sense of “on top of your enemies.” In every battle, the way to achieve victory is to gain the higher ground. We must never stoop to the level of evil to fight it on its own terms; in the words of our sages, “One who wrestles with a filthy person becomes dirtied as well.” Rather, we should rise above it, affirming our belief that there is no true existence other than G‑d, and that nothing contrary to His goodness and truth has any real power. When our going to war is in a manner of “on your enemies,” we are guaranteed that “G‑d shall deliver them into your hands.” ~The Chassidic Masters www.chabad.org
Shenei Luchot HaBerit, Torah Shebikhtav, Beshalach, Torah Ohr 37
The Sifri has stated that Deut. 21,10 speaks about a permissible expansionary war, and that the legislation introduced by the words: וראית בשביה אשת יפת תואר applies only when such a war is fought outside the boundaries of Israel, whereas when a war is fought on the soil of Israel the command: לא תחיה כל נשמה, "you must not take any prisoners," applies.
"The Torah doesn't write if you go out to war, but rather when. We fight real wars just as we fight moral ones. Turbulence and struggle is inevitable. We fight character traits just as we struggule to use our time wisely and develop our talents fully." ~Chana Weisberg
Also from one’s spiritual enemies one must “capture captives” וְשָׁבִ֥יתָ שִׁבְיֽוֹ
Anything negative in man or in the world can be exploited for the good, if one can derive a lesson from it in the service of the Creator. ~ The Ba'al Shem Tov - [Besht]
(1) ...And judge every person as meritorious. On everything that you hear about a person, say that they intended for good, until you know with certainty that it is not so. If you judge thus, they will judge you from heaven as meritorious, as is explained in the 18th chapter of Masechet Shabbat ("Perek Mefanin").
Rabbi Yehuda Aryeh Leib Alter, known by his seminal work, The S'fat Emet [c.1860 - c.1900 CE] makes note of the different verb tenses. The verse begins by referring to many enemies, but then it says that God will deliver a single enemy — "him into your hand" וּנְתָנ֞וֹ
The Sfat Emet understands this as referring to the internal enemy — the natural human tendency to cut corners, to cheat, not to tell the whole truth, and worse. In short, the enemy referred to in the verses is the personal, human inclination to do evil.
The last part of the verse: "and you take some of them captive." can also be translated in the singular in the original Hebrew: "and you take him (or "it") captive." וְשָׁבִ֥יתָ שִׁבְיֽוֹ
By taking the yetzer hara captive we can overcome our natural human tendency for committing evil / making bad choices. In this "battle", "God will [give you the strength if you are open, to] deliver it into your hand."
[with thanks to, and adapted from Rabb Reuven Firestone]
Also from one’s spiritual enemies one must “capture captives.” Anything negative in man or in the world can be exploited for the good, if one can derive a lesson from it in the service of the Creator. ~ Rabbi Israel Baal Shem Tov
An example of this...........
I learned seven things from the thief: 1) What he does, he keeps to himself. 2) He is willing to take risks to attain his goal. 3) He does not distinguish between “major” and “minor” things, but takes equally exacting care of each and every detail. 4) He invests great effort in what he does. 5) He is swift. 6) He is always optimistic. 7) If at first he fails, he is back time and again for another try. ~Rabbi Zusha of Anipoli
(טו) לֹא־תַעֲשׂ֥וּ עָ֙וֶל֙ בַּמִּשְׁפָּ֔ט לֹא־תִשָּׂ֣א פְנֵי־דָ֔ל וְלֹ֥א תֶהְדַּ֖ר פְּנֵ֣י גָד֑וֹל בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ׃
(15) You shall not render an unfair decision: do not favor the poor or show deference to the rich; judge your kin fairly.
This is to awaken the hearts of those who want to be seduced [by their evil inclination] into thinking that the L-rd, blessed be He, will not bring up in his judgments the minute deeds and will not exact an accounting for them. Rather the general principle is "whoever says the Holy One blessed be He overlooks things will have his life overlooked" (Bava Kama 50a). Likewise they said: "if the evil inclination says to you: 'sin and the Holy One, blessed be He, will forgive you' - do not listen to him" (Chagiga 16a).
(א) לֹֽא־תִרְאֶה֩ אֶת־שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיוֹ֙ נִדָּחִ֔ים וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם הָשֵׁ֥ב תְּשִׁיבֵ֖ם לְאָחִֽיךָ׃
Our masters taught: There was a “dealing stone” in Jerusalem. Anyone who lost something would go there, and anyone who found something would go there. This one would stand and announce [his find], and the other would stand up, give identifying signs and take it. ~ Talmud, Bava Metzia 28b
(ט) לֹא־תִזְרַ֥ע כַּרְמְךָ֖ כִּלְאָ֑יִם פֶּן־תִּקְדַּ֗שׁ הַֽמְלֵאָ֤ה הַזֶּ֙רַע֙ אֲשֶׁ֣ר תִּזְרָ֔ע וּתְבוּאַ֖ת הַכָּֽרֶם׃ {ס} (י) לֹֽא־תַחֲרֹ֥שׁ בְּשׁוֹר־וּבַחֲמֹ֖ר יַחְדָּֽו׃ (יא) לֹ֤א תִלְבַּשׁ֙ שַֽׁעַטְנֵ֔ז צֶ֥מֶר וּפִשְׁתִּ֖ים יַחְדָּֽו׃ {ס}
(9) You shall not sow your vineyard with a second kind of seed, else the crop—from the seed you have sown—and the yield of the vineyard may not be used [lit. as holy]. (10) You shall not plow with an ox and an ass together. (11) You shall not wear cloth [lit. shaatnez] combining wool and linen.
והמרכיב שני מינין משנה ומכחיש במעשה בראשית כאילו יחשוב שלא השלים הקב"ה בעולמו כל הצורך ויחפוץ הוא לעזור בבריאתו של עולם להוסיף בו בריות
Thus one who combines two different species, thereby changes and defies the work of Creation, as if he is thinking that the Holy One, blessed be He, has not completely perfected the world and he desires to help along in the creation of the world by adding to it new kinds of creatures.
Despite GM food concerns among some Jews, most of these certification agencies and rabbinical authorities say GM foods are kosher----Most of these kosher authorities have stated they do not believe GMOs fall under kilayim prohibitions as the mixture is microscopic....in classical Jewish law, mixtures were not considered kilayim as long as the mix did not exceed 1/24th of the total. When scientists edit the DNA of food products, only a microscopic fraction of the organism is changed, far less than 1/24th of the total. Because of this, these Jews argue that GM foods cannot be kilayim.
But for many Jews who oppose GM foods, their concerns extend beyond kashrut law to the impact of GMOs on consumer safety, the environment, and animal rights. These Jews want to expand kashrut to include broader ethical concerns, particularly after the Agriprocessors scandal....New kosher certification agencies like Earth Kosher and Kosher Organics formed to certify foods as both kosher and organic, or not GM. In 2013, one of the five major agencies, Star-K, joined them, announcing it would no longer certify GM foods.
But though GM foods continue to proliferate, the Jewish community has yet to agree on whether they are kosher.
Above excerpted from ~Harvard Divinity School
It is well known that in order to rehabilitate oneself spiritually one must exercise תשובה, תפלה וצדקה, repentance, prayer and the performance of charitable deeds. All of these three factors of man's rehabilitation depend on his mouth. Prayer and the reciting of G–d's praises are, of course, functions of the mouth. We know that repentance has to include verbalizing one's confession and one's resolution not to sin again. The Torah in 30,14 mentions that Torah is easy of access, i.e. בפיך ובלבבך לעשות. Rabbi Yitzchak says (Eruvin 54) that the Torah is easy to fulfill, לעשות, once one has repented both by mouth and in one's heart. Confession of one's sins with a broken heart is the principal ingredient of repentance....all three aspects of תשובה are of equal importance. Stated differently, תשובה, צדקה, and תפלה equal קול. The very first part of our פרשה alludes to all the three ingredients of repentance. The Torah speaks about going to war, the plain meaning of which refers, of course, to actual warfare and battles with the enemy. Over and beyond this, however, the paragraph refers to the ongoing battle between man and his evil urge. Many of our commentators are at pains to point this out in their commentary on the relevant section in פרשת שופטים when they comment on the verse discussing the siege laid to a city (20,19). In actual fact, the war with his evil urge is the greatest battle man has to fight in this life. ..By extending this allegory a little further we may come to understand the whole reason why a מלחמת רשות, a war which is expansionary, is allowed: We are always permitted to conduct aggressive action against our evil urges. We can be sure of G–d's ongoing support in that undertaking once we make the first move in the struggle against the evil urge. Our sages point out that we would be unable to subdue the יצר הרע without G–d's active assistance, but that we have G–d's promise: ונתנו בידו, "He will deliver him (the evil urge) into your hand" (21,10). It is significant that the Torah here employs the singular whereas in פרשת שופטים it speaks in the plural (20,2—20,3--20,4). This may be a reminder that the fight against the evil urge can only be fought on a person-to-person basis. We have a tradition that a nation neither succumbs to another nation nor to the Jewish people unless its protective spirit in the Celestial Regions had first suffered defeat. We have pointed out examples of this such as Israel observing "Egypt" instead of "Egyptians" "dead on the beaches of the sea" (Exodus 14,30). We learn from all this that our enemy (the evil urge), assumes many guises, i.e. attacks us in the plural, and this is why the Torah always describes our enemy in the plural (אויביכם, אל תערצו מפניהם). We have to battle all these manifold "enemies" because each transgression we commit creates a negative force in the world which comes back to haunt us. All of these negative forces created by our very selves are presided over and directed against us by Samael/Satan/Angel of Death, etc. The Torah describes victory over this multifaceted but essentially single force with the words: ונתנו ה' אלוקיך בידך ושבית שביו, "The Lord your G–d will deliver him into your hand and you will take him captive." Taking this enemy prisoner is possible only with the help of Torah study and מצוה observance.
(25) But if the man comes upon the engaged girl in the open country, and the man lies with her by force, only the party who lay with her shall die, (26) but you shall do nothing to the girl. The girl did not incur the death penalty, for this case is like that of one party attacking and murdering another. (27) He came upon her in the open; though the engaged girl cried for help, there was no one to save her.
"...Verse 25 would suffice for a legal ruling....But the text continues insisting for two more verses and four different clauses that the girl must not be put to death...Why must the text tell us repeatedly not to kill the girl? In the Near East, ancient and modern, and even into Pakistan and India, a custom called honor killing has not been eradicated to this day. A girl whose kin believe she has been sexually polluted is killed to preserve the family honor. Whether she resisted or consented is irrelevant. They dispose of her like a toothbrush misappropriated by someone not its owner. The unusual wordiness of our Deuteronomy text makes sense if it is prohibiting honor killing to people who were accustomed to practice it. The prohibition would be a hard sell. Deuteronomy must recast rape as a violent crime akin to violence against males. Also, redefining lack of chastity not as pollution but as moral choice requires Deuteronomy to regard women as moral actors and not spoiled toothbrushes. This is the beginning of a moral revolution. ~ Rabbi Rachel Adler, The Beginnings of Gender Justice
(יג) לֹֽא־יִהְיֶ֥ה לְךָ֛ בְּכִֽיסְךָ֖ אֶ֣בֶן וָאָ֑בֶן גְּדוֹלָ֖ה וּקְטַנָּֽה׃ (יד) לֹא־יִהְיֶ֥ה לְךָ֛ בְּבֵיתְךָ֖ אֵיפָ֣ה וְאֵיפָ֑ה גְּדוֹלָ֖ה וּקְטַנָּֽה׃ (טו) אֶ֣בֶן שְׁלֵמָ֤ה וָצֶ֙דֶק֙ יִֽהְיֶה־לָּ֔ךְ אֵיפָ֧ה שְׁלֵמָ֛ה וָצֶ֖דֶק יִֽהְיֶה־לָּ֑ךְ לְמַ֙עַן֙ יַאֲרִ֣יכוּ יָמֶ֔יךָ עַ֚ל הָֽאֲדָמָ֔ה אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ׃ (טז) כִּ֧י תוֹעֲבַ֛ת יְהֹוָ֥ה אֱלֹהֶ֖יךָ כׇּל־עֹ֣שֵׂה אֵ֑לֶּה כֹּ֖ל עֹ֥שֵׂה עָֽוֶל׃ {פ}
(13) You shall not have in your pouch alternate weights, larger and smaller. (14) You shall not have in your house alternate measures, a larger and a smaller. (15) You must have completely honest weights and completely honest measures, if you are to endure long on the soil that your God יהוה is giving you. (16) For everyone who does those things, everyone who deals dishonestly, is abhorrent to your God יהוה.
(יז) זָכ֕וֹר אֵ֛ת אֲשֶׁר־עָשָׂ֥ה לְךָ֖ עֲמָלֵ֑ק בַּדֶּ֖רֶךְ בְּצֵאתְכֶ֥ם מִמִּצְרָֽיִם׃ (יח) אֲשֶׁ֨ר קָֽרְךָ֜ בַּדֶּ֗רֶךְ וַיְזַנֵּ֤ב בְּךָ֙ כׇּל־הַנֶּחֱשָׁלִ֣ים אַֽחֲרֶ֔יךָ וְאַתָּ֖ה עָיֵ֣ף וְיָגֵ֑עַ וְלֹ֥א יָרֵ֖א אֱלֹהִֽים׃ (יט) וְהָיָ֡ה בְּהָנִ֣יחַ יְהֹוָ֣ה אֱלֹהֶ֣יךָ ׀ לְ֠ךָ֠ מִכׇּל־אֹ֨יְבֶ֜יךָ מִסָּבִ֗יב בָּאָ֙רֶץ֙ אֲשֶׁ֣ר יְהֹוָה־אֱ֠לֹהֶ֠יךָ נֹתֵ֨ן לְךָ֤ נַחֲלָה֙ לְרִשְׁתָּ֔הּ תִּמְחֶה֙ אֶת־זֵ֣כֶר עֲמָלֵ֔ק מִתַּ֖חַת הַשָּׁמָ֑יִם לֹ֖א תִּשְׁכָּֽח׃ {פ}
(17) Remember what Amalek did to you on your journey, after you left Egypt— (18) how, undeterred by fear of God, he surprised you on the march, when you were famished and weary, and cut down all the stragglers in your rear. (19) Therefore, when your God יהוה grants you safety from all your enemies around you, in the land that your God יהוה is giving you as a hereditary portion, you shall blot out the memory of Amalek from under heaven. Do not forget!
Other nations treat Israel cruelly but do not thereby become objects of enduring enmity. Edom, for example, callously refuses Israel passage through its land (Numbers 20:14-21), yet Israel is taught: “You shall not abhor an Edomite, for he is your brother” (Deuteronomy 23:8).3 Egypt enslaves and oppresses Israel for generations, yet the Torah commands: “You shall not abhor an Egyptian, for you were a stranger in his land” (23:8). Why is Amalek different? What is it about Amalek’s attack that so incurs the wrath of God? ~Rabbi Shai Held
Remember what etc you were famished and weary, and cut down all the stragglers in your rear: he did not fear God. (Deut. 25:17-18) It seems, that it is not only for this that the seed of Israel is being commanded regarding the erasing of Amalek, which is from the seed of Esav. Rather, every person in Israel needs to erase the evil part that is concealed in one's heart, that is known by the name Amalek. This is because whenever the seed of Amalek is found in the world it is found in the human being, since the human is a small world, and therefore there is a reality to "Amalek", to the force of evil inside every human being, which arises every time to make a human being sin, and is regarding this that the remembrance comes in the Torah.
And behold, the strength of the seed of Israel is only found in the mouth, since "the voice, is the voice of Yaakov", [found] in the Torah [study] and in prayer, when a person has this force always burning within towards the Holy One of Blessing, then no evil can control him.
But when a person seizes in any instance the character trait of "awe", meaning, one is in awe of the Holy One of Blessing and will not transgress God's commandments, in any instance he won't come to sin.
[The Hebrew word karchah, “he met you,” can also mean “he cooled you.” Thus the Midrash says:]
What is the incident (of Amalek) comparable to? To a boiling tub of water which no creature was able to enter. Along came one evildoer and jumped into it. Although he was burned, he cooled it for the others. So too, when Israel came out of Egypt, and G‑d split the sea before them and drowned the Egyptians within it, their fear fell upon all the nations. But when Amalek came and challenged them, although he received his due from them, he cooled off the awe in which they were held by the nations of the world. ~Midrash Tanchuma
זכור את אשר עשה לך עמלק וגו' לא תשכח (דברים כה, יז-יט). מצאתי, כשתעמוד בממשלה תמחה את זכר עמלק. וכשתהיה משועבד תחת כחות השמים, לפחות לא תשכח, עד כאן. ומצוה גדולה היא לומר פרשה זו בכל יום לקיים מצות זכור. ואחר כך יאמר על עמלק ימח שמו וזכרו ונמח זכורו מלהזכירו, ובזה יקיים לא תשכח, ויקויים (תהלים ט, ז-ח) (כי) אבד זכרם המה וה' לעולם ישב כונן למשפט כסאו:
זכור את אשר עשה לך עמלק … לא תשכח . I have found that the Torah divides this commandment into two halves. When the Jewish people are politically independent and strong, the part of the commandment we are obligated to fulfill is "to wipe out the memory of Amalek." When we are politically impotent we must still fulfill the part of the commandment which bids us "not to forget." One performs this part by cursing the name of Amalek and what that nation stands for.
The striking assumption of the text is that all nations—and not just Israel— are “assumed to be morally accountable to God for fundamental norms of human behavior.” In other words, “the Amalekites are to be judged… not just because they had been anti-Israel, but because they had been anti-human by disregarding basic human obligations instilled by the creator God” ~Wright, Deuteronomy, p. 267-268.
Da’as of kelippah is epitomized with the ancient nation Amalek. Amalek attacked the Jews, and the Bible called their attack a “cooling down” (Deut. 25:18). After the miraculous exit from Egypt, the entire world was scared of God; in awe of His people, Amalek challenged that lesson. Amalek claimed that the miracles were happenstance, that there was no need to internalize the ten plagues. Amalek stated that morality was irrelevant and there was no need for the mind’s ideas to filter down to the heart and behavior. Spiritually, the war with Amalek represents a struggle to attain internalization, to fully assimilate what is true and to reject unholiness.
Remember what etc you were famished and weary, and cut down all the stragglers in your rear: he did not fear God. (Deut. 25:17-18) It seems, that it is not only for this that the seed of Israel is being commanded regarding the erasing of Amalek, which is from the seed of Esav. Rather, every person in Israel needs to erase the evil part that is concealed in one's heart, that is known by the name Amalek. This is because whenever the seed of Amalek is found in the world it is found in the human being, since the human is a small world, and therefore there is a reality to "Amalek", to the force of evil inside every human being, which arises every time to make a human being sin, and is regarding this that the remembrance comes in the Torah. And behold, the strength of the seed of Israel is only found in the mouth, since "the voice, is the voice of Yaakov", [found] in the Torah [study] and in prayer, when a person has this force always burning within towards the Holy One of Blessing, then no evil can control him. But, when a person allows this force to rest then immediately [s/he is under the verse] "and they left Refidim" meaning "their hands became weak [rafah]" and instantly "and Amalek came", instantly evil takes over. But when a person seizes in any instance the character trait of "awe", meaning, one is in awe of the Holy One of Blessing and will not transgress God's commandments, in any instance he won't come to sin. And this is why "you were famished and weary" is written, that you did not have inside you the force of the seed of Israel, that their hands were weakened and did not serve God. "And did not fear God" - and from this you need to remember strongly, so that the force of Amalek will not make you stumble. And this is why it is written "And it was, when Moses raised his hand" (Exodus 17:11) this means the force that is known by the name "hand" - when a person raises that force, then "and Israel prevailed." But when he allowed that force to rest, then - God forbid - "and [the other side] prevailed, etc.