From: ajb@access.digex.com (Alan J. Broder)
Subject: Hamaayan / The Torah Spring: Parashat Shoftim
Organization: Express Access Public Access UNIX, Greenbelt, Maryland USA
Date: Fri, 4 Sep 1992 02:42:42 GMT


[   HaMaayan is published weekly for the edification and enjoyment
of the reader who is lacking the time or ability to study the
weekly Parasha on his own. HaMaayan's goal is to acquaint the reader 
with the broadest spectrum of traditional Torah commentary, from 
the "rationalism" of Rambam (Maimonides) and Abarbanel to the 
"mysticism" of Alshich and the Chassidic Masters.

While the editors hope these brief "snippets" will engender further
discussion of Torah topics ("L'Hagdil Torah U'L'Ha'adirah"), they
unfortunately lack the time to respond to lengthy questions.

Shabbat Shalom. ]


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                    Hamaayan/The Torah Spring
                      Edited by Shlomo Katz

                        Parashat Shoftim
                    Volume VI/Number 47 (281)
                  7 Elul 5752/September 5, 1992

   Rabbenu Nissim writes that, unlike other nations, the Jews have
a dual judicial system.  Every nation has laws, whose purpose is to
make civilized life possible, and each nation has a king or other
official who appoints judges to enforce those laws.  In our Parasha
we read that Bnei Yisrael, too, are commanded to appoint a king.

   The Parasha begins, however, with the command to maintain a
"Sanhedrin" and a system of courts (apparently independent of the
king, since they are mentioned before the Mitzvah of appointing of
a king is taught).  This is a reflection of the dual legal system
which the Torah contemplates.  Thus the Gemara teaches that even if
a defendant is not found guilty by the Sanhedrin - which, we are
taught, went to any lengths to avoid executing a criminal - the
king could apply a stricter (!) form of justice and have the
defendant killed anyway, if "law and order" so requires.

   The laws which the Sanhedrin is enjoined to enforce have a
different purpose - to foster the spiritual growth of the Jewish
people.  It is abundantly clear that such is the purpose of the
"Chukim" - laws which we do not immediately understand - such as
"Parah Adumah" and "Kashrut".  Certainly "civilization" is not
furthered by these Mitzvot.  It is important to realize, however,
that even the "logical" Mitzvot (e.g. honoring parents and not
stealing) are intended to fulfill our spiritual, and not only our
societal, needs.  If such were not the case, their enforcement
would be the sole province of the king.

                                             (Derashot haRan #11)

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   "When Hashem will destroy the nations whose land Hashem has
given you...  Set aside three cities.... for [accidental] murderers
to escape to."  (19:1-3)

   Just before these verses we read that Hashem promises to send us
prophets, and we should therefore not rely on astrologers and
magicians to foretell our future.  What is the connection between
that command and the above verses?

   R' Moshe Alshich explains that the Torah is proving to us that
there is no power in astrology.  The above verses teach that one
who accidentally kills another must flee to an "Ir Miklat" - city
of refuge - and remain there for a certain period of time.  We
might wonder:  if a murderer and his victim are fated by the stars
to kill and be killed, why should the murderer flee?  We must thus
conclude that the stars do not control us!
   Furthermore, among the tens (hundreds?) of thousands of
Canaanites there were surely some whose stars dictated that they
not be killed or expelled from their land.  Nevertheless, Hashem
promised that Bnei Yisrael would conquer the land and subdue all
those who live there, and this too disproves the theories of
astrologers.

                                                    (Torat Moshe)

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                        The Month of Elul

   How  does Teshuva (repentance) work?  How can a sin - a Shabbat
violated or a word of "Lashon Hara" said - be undone?

   R' Yosef Albo explains that most sins have two elements, the
action itself and the intent to sin by that action, and if either
is missing, there is no sin.  Although an action, once done, cannot
be taken back, a sinner's intent can be changed retroactively.

   How so?  Imagine a merchant on a ship which is foundering in
stormy seas.  Suddenly the captain orders all of the cargo,
including the merchant's wares, jettisoned in order to save the
vessel.  The merchant will of course comply, for who would not do
so if it would save his live!

   What will go through the merchant's mind?  Would we say that he
is abandoning his property voluntarily or involuntarily?  At first
glance, his actions are involuntary, as they are compelled by the
circumstances, and the immediate result - that the merchant is
impoverished - is extremely distressing to him.  However, if the
merchant reflects upon that episode after some time has passed, he
will be glad that he threw his wares overboard, as his life is
worth more than his belongings.  Furthermore, had he been aware of
that calculation earlier, he would never have been distressed by
the captain's orders, and would have complied voluntarily.

   A similar analysis can be applied to a person's sins.  When a
person violates the Shabbat, speaks Lashon Hara of his friend, or
commits antoher sin, his intent to commit the action is wilful. 
That is why the sin is counted against him.  As time passes,
however, and the sinner comes to realize the consequences of his
action - the insult - he says to himself, "Had I taken all of this
into account before, I would never have done what I did."  He has,
in effect, retroactively withdrawn his desire to accomplish the
sin, and that is what we call Teshuva.

                                       (Sefer haIkarim IV, ch.27)


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                       Biographical Notes
               on the sources quoted in this issue

   Rabbenu Nissim ("Ran"):  The name of two Spanish scholars, one
of whom wrote Derashot haRan, an important philosophical work:

     1)  "Rabbenu Nissim, a student of the Ramban": he is cited in
     several sources as the author of the above work.  Nothing is 
     known about him except that he died between 1224 and 1228,
     when Ramban himself was only in his thirties.

     2)  Rabbenu Nissim ben Reuven:  born circa 1290; was Rabbi of
     Barcelona; is best known for his commentary on the "Rif"' is
     not to be confused with R' Nissim ben Yaakov of Tunisia (11th
     century) whose Talmud commentary appears in the margin of some
     tractactes, and who is considered the first "Rishon" (post-
     Geonic scholar); died 1375.

   R' Yosef Albo:  born circa 1380; was a disciple of R' Chisdai
Crescas II, a student of R' Nissim ben Reuven; was Rabbi of Daroka,
Spain; participated in the disputation at Tortosa in 1413; wrote
Sefer haIkarim on the principles of Jewish faith; died 1444.

   R' Moshe Alshich ("The Alshich haKodesh"): born 1508 in Turkey,
to Spanish exiles; studied under R' Yosef Karo, first in Turkey,
and later in Tzefat; also studied under R' Yosef Taitatzak; was a
popular "Darshan" (preacher), and developed his sermons into his
Tanach commentaries; was a member of the Tzefat rabbinical court,
and the Talmud teacher of R' Chaim Vital, the best known Kabbalist
after the "Arizal"; died 1593.

   Note:  Biographies which have already appeared in this series
will not be repeated.

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           The learning schedule for this Shabbat is:

                   Mishnah Yomit:  Parah 8:5-6
                 (Learn two Mishnayot every day)

                 Halacha Yomit:  OC/MB 467:14-16
               (Learn three paragraphs every day)

                      Daf Yomi: Yevamot 69
              (Learn two sides of a page every day)

                             Rambam
     Chapter/Day: Hilchot Melachim Umilchemotayhem - Chap. 7
          3 Chapters/Day: Hilchot Eivel - Chapters 9-11

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            The hard copy distribution of this week's
                    Hamaayan is sponsored by:
            Michael Singer, in honor of his wife Beth

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            Donations to Hamaayan are tax deductible



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Posted by Alan Broder, ajb@digex.com (uunet!digex!ajb), who 
should be contacted to request back issues of HaMaayan or to get
on or off the direct email mailing list.

Shlomo Katz can not receive EMAIL, however I will pass on any
comment forwarded to me, or alternately, send your comments care of
yehuda@gwuvm.bitnet