Shoftim – The Consequentialness of a Court

In the U.S., offering, giving, receiving, or soliciting something of value in exchange for influencing a judge’s or other public official’s actions is illegal (U.S. Code, Title 18, Section 201).

The Torah’s prohibition of bribery differs  in two surprising ways. Firstly, the prohibition is on a judge alone, for taking a bribe,  not on a litigant offering one. (Though, in the latter case, the offerer is nevertheless responsible for “putting an obstacle before the blind” – causing the judge to sin – Shulchan Aruch, Choshen Mishpat 9:1)

And, secondly, a judge is forbidden to take a bribe not only to influence his decision in a particular direction but even to execute his judgment properly. Even, according to the Derisha (ibid), if both litigants offer the same bribe for that purpose alone.

It seems that the Torah’s law against bribery isn’t aimed at preventing quid pro quo per se (forgive all the Latin). It’s not, in other words,  a law about wrongdoers but, rather, about maintaining a purity of justice. Anything superfluous at all, whether or not it actually affects a verdict, that is injected into the holy mission of judging a case contaminates the enterprise.

Because a Jewish court isn’t a simple adjudication of a dispute between individuals; it is the performance of a holy act.

That might seem a slight distinction, but it really isn’t. So momentous is the undertaking to judge a case that the Talmud says it is as if the judge has partnered with Hashem in the act of Creation (Shabbos 10a). And that a judge who misjudges “causes the Divine Presence to withdraw from Klal Yisrael” (Sanhedrin 7a).

Which is why the Shulchan Aruch  considers a compromise reached between litigants to be preferable to an actual court hearing and law-based ruling (Choshen Mishpat 12). Judgment, it seems, is so daunting, so charged  an endeavor, it is best resorted to only when necessary. The stakes, no matter how small the financial impact may be to the litigants, are just too high.

© 2024 Rabbi Avi Shafran

Re’ei – Killing’s Toll on Killers

Killing takes a toll – on the killed, of course; that’s pretty obvious. But also on the killers.

That is something that the Ohr Hachaim introduces in his commentary on the pasuk “And He will give you mercy and have mercy upon you” (Devarim, 13:18).

That “give you mercy” is his focus. He writes:

“This act of killing [here of the idolaters of an ir hanidachas] creates a natural cruelty in the heart of a person.”

He continues by referring to what “we are told by the sect of Yishmaelim who murder at the command of the leader, that they experience a great euphoria when they kill a man, and the natural feeling of pity is extinguished in them…”

Therefore, he explains, “Hashem assures the Jews that [after their commanded act of killing], their innate feelings of mercy… will be returned to them anew” despite their having been weakened through the act of killing. 

And, further, that they will thereby be granted Heavenly mercy themselves, since “Hashem has mercy only on the merciful.”

Modern psychiatry recognizes something called “perpetrator trauma,” a presentation of post-traumatic stress disorder (PTSD) symptoms caused by an act or acts of killing.

But what the Ohr Hachaim is expounding upon is a different upshot of perpetrating violence: the erosion of the natural human instinct of mercy.

And his report about not only the post-murder desensitization of assassins (the word “assassin,” as it happens, derived from an Arabic name for the reputedly murderous Nizari Ismaili sect) but of their being enthralled by taking lives resonates all too strongly today, when we have seen Yishmaeli murderers exulting  after killing men, women and children. Even the mere imagining of murdering Jews is enough to enrapture some, as they joyfully and mindlessly chant their hope to rid the Holy Land of Jews “from the river to the sea.”

© 2024 Rabbi Avi Shafran

Agudath Israel Condemns Biased UN Tribute to Terror Victims

The omission of any mention of Israeli victims of terrorism from an International Day of Remembrance of and Tribute to the Victims of Terrorism display at the visitors’ hall of United Nations headquarters is nothing short of despicable.

The U.N. informs us that “Acts of terrorism propagating a wide-range of hateful ideologies continue to injure, harm and kill thousands of innocent people each year,” and that the international body “has an important role in supporting Member States to implement the UN Global Counter-Terrorism Strategy by standing in solidarity and providing support to victims of terrorism.”

And, indeed, the visitors’ welcome area’s display of large photographs of such victims includes tributes to victims of 9/11 and of terrorist attacks in Boston, Indonesia and Kenya, among other places.

Conspicuously missing, though, is any mention of the countless Jewish victims of Islamist terror over so many years. And this, less than a year since the October 7 Hamas attack on Israelis, the most deadly attack on Jews since the Holocaust.

Many have long judged the U.N. as a hypocritical, corrupt and useless institution. Ample evidence for that contention is displayed at the U.N. today.

Eikev – Consumer Goods

It’s remarkable how prominent eating is in the Torah. The designation of which animals one may eat, the consumption of parts of all korbonos except olos, matza on Pesach, seudos on Shabbos and Yomtov… And yet, eating would seem to be an animalistic endeavor, something to be accepted as necessary, perhaps, but not awarded religious value.

But human consumption of food is qualitatively different from animals’ feeding. That is the essence of the words “[Hashem] subjected you to the hardship of hunger and then gave you mon to eat, which neither you nor your ancestors had ever known, in order to teach you that a human being does not live on bread alone, but that one must live on all the words of Hashem.”

That pasuk is often understood as meaning simply that our lives are made meaningful by following Hashem’s words. But its deeper meaning is something else: While we may think that our souls are nourished by the vitamins, minerals, proteins and fats in what we eat, the Torah is telling us that our true life nourishment comes from something ethereal, holy, that permeates our food, something instilled there by Hashem’s  will. That was the lesson of the mon, that our lives’ engines and their fuel are not ultimately physical. It’s a concept philosophers call vitalism. 

And the wordings of our birchos hanehenim hint at that fact : Shehakol nih’yeh bid’varo, borei pri ha’etz, hamotzi [by His decree] lechem. We don’t just say thank You for what we are about to eat but express the fact that the food is caused by, and imbued with, something divine, and that it is really that invisible element that provides us human life.

R’ Chaim Vital quotes the Arizal as saying that the highest spiritual level is accessible by concentrating on our brachos, because they are not mere expressions of gratitude but, rather, means of sublimating and refining the base element inherent in the physical stuff we are eating. “And he [the Arizal],” R’ Vital writes, “impressed the importance of that upon me greatly.”

Those of us who have been saying brachos from childhood too easily fall into reciting them by rote, often mumbling them without thinking much, if at all, about their words’ meanings. 

We do well to watch and listen to the newly observant when they make brachos, and strive to emulate their concentration on what they are saying.

© 2024 Rabbi Avi Shafran

Vo’eschanan – Avodah Zarah Lite

A standard term for idols in the Torah is elohim acheirim, “foreign forces.” At one point in our parsha, though, the term elohim is used without the second word, signaling, perhaps, a less blatant sort of idolatry.

The word comes after Moshe’s prediction that Hashem will “scatter you among the nations.” There, he continues, “you will serve forces, the work of men’s hands, wood and stone…” (Devarim 4:27-28).

What occurs is the possibility that the elohim referred to that Klal Yisrael will fall prey to worshiping in galus are not the sort of avodah zarah foci referenced elsewhere, like the sun or moon or stars; not Baal Tzafon or Pe’or; not things like the Egyptians’ veneration of the Nile.

Perhaps what is being hinted at are “avoda zara lites,” so to speak, ideas or ideologies that may fall short of technical idolatry but are, for all intents, their parallels, as they can ensnare Jews into venerating them as ultimate, in effect, gods, when serving Hashem is a Jew’s true ultimate ideal. The Vilna Gaon is said to have identified the pasuk’s “wood and stone” with Christianity and Islam (the cross and Kaaba, respectively). 

And Rav Elchanan Wasserman famously identified “isms” like Communism, Nationalism or Zionism – when embraced as ultimate ideals – as new idolatries.

We might update the list to include Humanism, Feminism and Scientism. And AnimalRights-ism, a Woman’sRighttoChoose-ism, QualityofLife-ism…

And that most enticing and pernicious mini-idolatry, Materialism.

The Shabbos on which Vo’eschanan is read is called Shabbos Nachamu, after the opening words of the haftarah, in which the navi Yeshayahu transmits Hashem’s nechama, or consolation to His people (Yeshayahu 40:1). Nechama though, also means “regret” or “reconsideration” (as in Beraishis 6:6).

When we truly regret our misguided fealties to “idolatry lites,” we will have set the stage for the end of our being “scattered among the nations.” 

© 2024 Rabbi Avi Shafran