“You shall take her for yourself as a wife” (21:11)
The Talmud in Kiddushin (21b) says regarding this marriage: The Torah spoke (and gave this leniency) only to a man’s evil urge. If it would not be permitted he would come to marry her anyway in a forbidden manner.
We can ask on the usage of the word ‘only’, which is not usually used in this context. It is coming to teach a limited leniency because of certain factors. The normal Talmudic word to mean this is ‘because’. For example, ‘because she wouldn’t be able to remarry otherwise, they were lenient’ (Yevamot 88a); ‘because she should be attractive to her future spouse’ (Ketuvot 84a); because the land of Israel should be settled’ (Gitin 8b); ‘because he needs something to live on’ (ibid. 59a); ‘because people need an option of repentance’ (Bava Kamma 94b) and many other such cases.
Here the Talmud should have said ‘because of the evil urge’. However our text reads ‘the Torah spoke only because of the evil urge’, which is too wordy, and it means to say something specific.
Perhaps we can explain this use of the words based on the story in Yevamot (63a): Rabbi Chiya’s wife was very cruel to him. Despite this, whenever he would find something that he knew she would like he would purchase it and give it to her. Rav asked him, ‘why do you do this, since she is so cruel to you?’ He replied, ‘it is enough that they raise our children (in the proper way) and save us from sin’ (from thoughts of sin – Rashi).
It is clear from here that the purpose of married life is twofold. To raise children in the proper way, and to save the husband from thoughts of sin.
Later in our portion, in verse 18, it explains the laws of the rebellious son. Our Sages said about this (Sanhedrin 107a), ‘why does the portion of the rebellious son follow the section of the wife captured in war (which is the section we began writing about)? To teach you that anyone who marries a woman captured in war will eventually have a rebellious son.
With this we can understand that in every marriage there are two purposes – to raise children in the way of the Torah, and to be saved from thoughts of sin and the trials of the evil urge. However, in the marriage to the woman captured in war there is only one goal – to be saved from the evil urge. In this case the purpose is not to raise children and to educate them in the proper way, since the Torah says that eventually they will have a rebellious son.
In this way we can understand the intention of the Talmud that we cited in the beginning: ‘The Torah spoke only to a man’s evil urge’. In other words, being saved from sin. But without the second goal of raising children in the correct way, since the man knows that this will not happen. It is decreed from the Torah that his son will be rebellious, as we have explained.
We also find a practical halacha in this explanation. Since the Torah spoke only to a man’s evil urge, we understand that if a person is not being attacked by the evil urge and wishes to marry a wife in order to build a home as is the way of the world, he may not capture a wife in war. The entire leniency is only for someone who is being attacked by the evil urge, as is implicit in the verse “and he craves her”.
In the Torah Temima we discussed the basic reason for this leniency of a woman captured in way, ‘that if we don’t permit her, he will marry her in a forbidden manner’, as cited above. If that is true, then we have undermined the whole purpose of mitzvot which is to distance a person from sin. A person could always say ‘better that I do it in a permitted way than in a forbidden manner’. This is certainly not correct. Why in this case did the Torah permit something because of the evil urge, more than in any other mitzvah where the same reason may apply?
The answer is that this leniency is given only during the time of war, so that a man should not cause himself pain, and weaken his battle abilities. For this reason, if soldiers enter a town and don’t find kosher meat available they are permitted to eat non kosher meat (Chullin 17a). Rambam also brings this law in chapter 8 of the ‘Laws of Kings and their Wars’. But during peace time and in places where there is peace there is no basis for this leniency for the reason of ‘better to do it in a permitted way’. This is obvious and clear.
Showing posts with label ki tetzei. Show all posts
Showing posts with label ki tetzei. Show all posts
Tuesday, August 21, 2007
Saturday, August 18, 2007
Parshat Ki Tetzie (Rabbi Sedley)
The last Mishna in Chullin (142a) says, "For a Mitzvah as simple as shooing away the mother bird the Torah promises 'In order that things go well for you and you will have length of days' (Deuteronomy 22: 7), how much more so for a Mitzvah which is difficult to perform". The Talmud (ibid.) comments "Rabbi Ya'akov taught about honouring one's parents the Torah says, 'In order that you have length of days, and it go well for you', and in regard to sending away the mother bird it states, 'In order that things go well for you and you will have length of days'. If a person's father were to ask them to climb up to a nest and bring down the chicks, and he went, and sent away the mother bird and took the chicks, and on his descent he fell and died, in such a case where is the length of days, where is the good that he will receive? Rather, 'length of days' refers to the World-to-Come which is infinite, and that 'It shall things go well' refers to a world that is only good".
One of the leading personalities of the Mishnaic period was Elisha ben Avuha, a contemporary of Rabbi Akiva. The Talmud (Chagiga 14b) tells how he, Rabbi Akiva, Ben Azai and Ben Zoma once entered the Pardes (metaphor for the deepest esoteric wisdom of the kabbalah). Despite the warnings of Rabbi Akiva, the others were unable to deal with the knowledge that they had gained. Ben Azai died, Ben Zoma became crazy, and Elisha ben Avuha gave up his religious beliefs. He acted in a manner so unbecoming with who he was that people at first refused to believe that it was him, and he gained the nickname of 'Acher' (Another). Though the reason that he cast off the yoke of Torah was because he delved too deeply into the kabbalistic secrets, the Talmud also explains the immediate trigger of his actions.
"Rav Yosef said, 'If Acher would have understood the verse [of sending away the mother bird] like Rabbi Ya'akov he would never have sinned'. What did he see? One opinion is that he saw an incident of a child sending away the mother bird and falling to his death. Another opinion is that he saw the tongue of Rabbi Chutzpit the interpreter lying in a rubbish heap. He said 'How could the mouth that spoke pearls of wisdom should come to lick the dust?'. Acher didn't realise that 'length of days' refers to the world to come which is infinite, and that 'it shall go well' in a world that is only good." (Chullin ibid.).
How could one of the greatest Sages of the time come to make such a basic mistake about the simple meaning of the verse? Surely it is clear that any reward promised refers to the World-to-Come.
The Midrash (Bereishis Rabba 8; 8) tells us that when Moshe wrote the verse "Let us make man in our image" (Genesis 1; 26) he asked G-d why he allowed a verse which may cause people to think that there is more than one god. G-d replied "One who wants to sin will sin". Ultimately any sin is motivated by a subconscious desire to sin. Though different events may be the trigger for rebellion against G-d, or give us an excuse for sin, the blame lies solely in ourselves, for if we would not want to sin, we would not.
This is the reason that Elisha ben Avuha could not understand a simple explanation of the verse. Though he had scaled the heights of Torah knowledge, and reached greater insights than almost anyone else, deep down in his subconscious he must have been looking for an excuse for departing from the path. This is a message for all of us as we approach Rosh HaShana. If even the greatest of the sages could be led so easily into sin, how careful must we be in examining the depths of our souls to search out any imperfections, or traits that may lead us to sin.
One of the leading personalities of the Mishnaic period was Elisha ben Avuha, a contemporary of Rabbi Akiva. The Talmud (Chagiga 14b) tells how he, Rabbi Akiva, Ben Azai and Ben Zoma once entered the Pardes (metaphor for the deepest esoteric wisdom of the kabbalah). Despite the warnings of Rabbi Akiva, the others were unable to deal with the knowledge that they had gained. Ben Azai died, Ben Zoma became crazy, and Elisha ben Avuha gave up his religious beliefs. He acted in a manner so unbecoming with who he was that people at first refused to believe that it was him, and he gained the nickname of 'Acher' (Another). Though the reason that he cast off the yoke of Torah was because he delved too deeply into the kabbalistic secrets, the Talmud also explains the immediate trigger of his actions.
"Rav Yosef said, 'If Acher would have understood the verse [of sending away the mother bird] like Rabbi Ya'akov he would never have sinned'. What did he see? One opinion is that he saw an incident of a child sending away the mother bird and falling to his death. Another opinion is that he saw the tongue of Rabbi Chutzpit the interpreter lying in a rubbish heap. He said 'How could the mouth that spoke pearls of wisdom should come to lick the dust?'. Acher didn't realise that 'length of days' refers to the world to come which is infinite, and that 'it shall go well' in a world that is only good." (Chullin ibid.).
How could one of the greatest Sages of the time come to make such a basic mistake about the simple meaning of the verse? Surely it is clear that any reward promised refers to the World-to-Come.
The Midrash (Bereishis Rabba 8; 8) tells us that when Moshe wrote the verse "Let us make man in our image" (Genesis 1; 26) he asked G-d why he allowed a verse which may cause people to think that there is more than one god. G-d replied "One who wants to sin will sin". Ultimately any sin is motivated by a subconscious desire to sin. Though different events may be the trigger for rebellion against G-d, or give us an excuse for sin, the blame lies solely in ourselves, for if we would not want to sin, we would not.
This is the reason that Elisha ben Avuha could not understand a simple explanation of the verse. Though he had scaled the heights of Torah knowledge, and reached greater insights than almost anyone else, deep down in his subconscious he must have been looking for an excuse for departing from the path. This is a message for all of us as we approach Rosh HaShana. If even the greatest of the sages could be led so easily into sin, how careful must we be in examining the depths of our souls to search out any imperfections, or traits that may lead us to sin.
Ki Tetzei summary
During battle against an enemy nation, a man may capture a woman as a wife, but must give her a month to mourn her family. If at the end of this time he still wishes to marry her he may do so, provided that she converts to Judaism. If either he or she refuses, she must be set free and may not be sold into slavery.
The eldest son receives a double portion of his father's inheritance. A rebellious son who refuses to listen to his parents or any other authority, but steals to obtain food and alcohol, should be put to death by the courts1. The corpse of someone who has been put to death by the courts must be hung on a tree, but must be taken down and buried before night fall.
Lost objects must be returned to their owner. If the finder cannot contact the owner he must care for the found object until the person who has lost it can reclaim it. If someone sees an animal fallen under the weight of its burden they must help the owner to reload the animal properly. Men may not wear women's clothing nor vice versa. The mother bird must be shooed away before taking the eggs from her nest. We are commanded to build a safety fence from any accessible roof to prevent injury. We may not plant grape vines and other plants in close proximity. We may not plough with an ox and a donkey together. We may not wear a garment which contains both linen and wool. We must wear tzitzit on all four cornered garments.
If a man falsely accuses his wife of having had an extramarital affair while they were betrothed he shall be fined 100 silver shekels. If the accusation is true the woman shall be put to death by stoning. If a married woman commits adultery both she and the and the adulterous partner shall be put to death. If a man rapes a woman he shall be put to death. If a man seduces an unmarried woman he shall be fined 50 silver shekels.
A man may not marry his father's wife. A man whose reproductive organs have been damaged so that he is impotent may not marry2. A mamzer (the child of a relationship which is incestuous or adulterous) may not marry into the nation. A male Ammonite or Moabite may not marry into the nation even after they convert to Judaism because their nation was inhospitable to the Jews during the exodus from Egypt. We shall not reject an Edomite or Egyptian convert. The third generation may marry into the nation.
When the Jews go out to war their camp must remain holy. Any man who has a seminal emission must leave the camp and not return until the evening after immersion in a Mikva. A latrine should be made outside the camp, with a shovel to cover over the refuse.
We must not force a slave who has escaped to return to his master. There shall be no promiscuous men or women amongst the Children of Israel. We may not charge interest on loans to other Jews. Any vow of a sacrifice to the Temple must be fulfilled without delay. The workers have the right to eat from the produce that they are harvesting.
If a man and woman get divorced the man must write a bill of divorce and present it into his wife's hand. If she remarries, her first husband may not later remarry her. Any man is exempt from army duty for the first year of marriage. He must remain at home and make his wife happy. We may not take something needed for livelihood as collateral on a loan. Someone who kidnaps another and sells him as a slave must be put to death. We are commanded to beware of Tzora'at (a spiritual malaise brought about through speaking slander about another) and to not speak slander. Someone who loans money may not enter the house of the debtor to take collateral. Workers must be paid immediately, and must not be cheated. Each person is responsible for their own actions, and will not be punished for the sins of others. There is an explicit prohibition on perverting the judgement of a convert, orphan or widow. The corners of the field must not be harvested, but left for the poor people to glean.
The punishment for breaking a negative prohibition which has no other explicit punishment is forty lashes. An ox must not be muzzled while it is threshing. If a man dies without any children, one of his brothers should marry his wife to keep his name alive. If the brothers refuse to do this, they are publicly humiliated by the widow in the chalitza ceremony, after which she is free to marry someone else. In any other case, it is forbidden to humiliate another and compensation must be paid for causing embarrassment. It is forbidden to own dishonest weights or measures.
We are commanded to always remember what the tribe of Amalek did to the Jews as they left Egypt, and when we have the opportunity G-d will command us to utterly destroy their descendants.
1)This is in order to save him from committing murder when he gets older, which he will certainly do in order to maintain his addictions. In fact the Talmud understands that the requirements for killing a rebellious son can never be met, and this entire section is only for study, but has no practical application.
2) If the impotency came about through natural means such as a birth defect or illness this prohibition does not apply.
The eldest son receives a double portion of his father's inheritance. A rebellious son who refuses to listen to his parents or any other authority, but steals to obtain food and alcohol, should be put to death by the courts1. The corpse of someone who has been put to death by the courts must be hung on a tree, but must be taken down and buried before night fall.
Lost objects must be returned to their owner. If the finder cannot contact the owner he must care for the found object until the person who has lost it can reclaim it. If someone sees an animal fallen under the weight of its burden they must help the owner to reload the animal properly. Men may not wear women's clothing nor vice versa. The mother bird must be shooed away before taking the eggs from her nest. We are commanded to build a safety fence from any accessible roof to prevent injury. We may not plant grape vines and other plants in close proximity. We may not plough with an ox and a donkey together. We may not wear a garment which contains both linen and wool. We must wear tzitzit on all four cornered garments.
If a man falsely accuses his wife of having had an extramarital affair while they were betrothed he shall be fined 100 silver shekels. If the accusation is true the woman shall be put to death by stoning. If a married woman commits adultery both she and the and the adulterous partner shall be put to death. If a man rapes a woman he shall be put to death. If a man seduces an unmarried woman he shall be fined 50 silver shekels.
A man may not marry his father's wife. A man whose reproductive organs have been damaged so that he is impotent may not marry2. A mamzer (the child of a relationship which is incestuous or adulterous) may not marry into the nation. A male Ammonite or Moabite may not marry into the nation even after they convert to Judaism because their nation was inhospitable to the Jews during the exodus from Egypt. We shall not reject an Edomite or Egyptian convert. The third generation may marry into the nation.
When the Jews go out to war their camp must remain holy. Any man who has a seminal emission must leave the camp and not return until the evening after immersion in a Mikva. A latrine should be made outside the camp, with a shovel to cover over the refuse.
We must not force a slave who has escaped to return to his master. There shall be no promiscuous men or women amongst the Children of Israel. We may not charge interest on loans to other Jews. Any vow of a sacrifice to the Temple must be fulfilled without delay. The workers have the right to eat from the produce that they are harvesting.
If a man and woman get divorced the man must write a bill of divorce and present it into his wife's hand. If she remarries, her first husband may not later remarry her. Any man is exempt from army duty for the first year of marriage. He must remain at home and make his wife happy. We may not take something needed for livelihood as collateral on a loan. Someone who kidnaps another and sells him as a slave must be put to death. We are commanded to beware of Tzora'at (a spiritual malaise brought about through speaking slander about another) and to not speak slander. Someone who loans money may not enter the house of the debtor to take collateral. Workers must be paid immediately, and must not be cheated. Each person is responsible for their own actions, and will not be punished for the sins of others. There is an explicit prohibition on perverting the judgement of a convert, orphan or widow. The corners of the field must not be harvested, but left for the poor people to glean.
The punishment for breaking a negative prohibition which has no other explicit punishment is forty lashes. An ox must not be muzzled while it is threshing. If a man dies without any children, one of his brothers should marry his wife to keep his name alive. If the brothers refuse to do this, they are publicly humiliated by the widow in the chalitza ceremony, after which she is free to marry someone else. In any other case, it is forbidden to humiliate another and compensation must be paid for causing embarrassment. It is forbidden to own dishonest weights or measures.
We are commanded to always remember what the tribe of Amalek did to the Jews as they left Egypt, and when we have the opportunity G-d will command us to utterly destroy their descendants.
1)This is in order to save him from committing murder when he gets older, which he will certainly do in order to maintain his addictions. In fact the Talmud understands that the requirements for killing a rebellious son can never be met, and this entire section is only for study, but has no practical application.
2) If the impotency came about through natural means such as a birth defect or illness this prohibition does not apply.
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