Thursday, August 20, 2009

Thursday's Parsha Tidbits - Parshas Shoftim

The following is a brief summary of a thought said over by R' Frand in his shiur this evening. I have attempted to reproduce this vort to the best of my ability. Any perceived inconsistency is the result of my efforts to transcribe the shiur and should not be attributed to R' Frand.

In Devarim 16:20 the Torah states "Tzedek tzedek tirdof lima'an tichyeh viyarashata es ha'aretz asher Hashem Elokecha nosain lach." This is generally translated as "Righteousness righteousness you shall pursue, so that you will live and take possession of the land that Hashem your G-d gives you."

Rashi explains the first part of the pasuk (tzedek, tzedek tirdof) as - you should choose a high quality beis din. Rashi explains the second half of the pasuk as "The merit of appointing decent judges is worthy to explain (Kidai hu) to keep Israel alive and to settle upon their land."

The Maharal explains that a beis din is a segula to the continuation of the Jewish people because truth is perpetual, while lies disappear. However, the Shev Shmaitsa had a problem understanding Rashi's use of the term "kidai hu."

Rabbi Frand explained Rashi's choice of verbiage by making reference to a Yismach Yehuda and an Akeida. The Yismach Yehuda notes that there are two similar stories in Tanaach which had completely different endings. When the angels came to Lot in Sodom, the townspeople demanded that Lot send out his guests for immoral purposes. This was the town ordinance which mandated that guests be abused (and the root of the current term sodomy). Lot refused and instead sent out his daughters. The town was soon after destroyed.

In contrast, in sefer Shoftim, a man came to the town of Giva'h in the land of Binyamin. The townspeople wanted him sent out for immoral purposes. The host refused, but sent out the guest's pilegesh who was abused and died on the doorstep of the inn. The people of Binyamin were severely punished and nearly excommunicated for generations, but the tribe was not destroyed.

The Akeidah explains that the difference between the two stories was that in Sodom, the law of the land was to be inhospitable to guests whereas in Giva'h there were laws and courts, but the townspeople followed their base instincts and ignored the legal system. In the zichus of having a set of laws and courts, even though they were not followed, the people of Giva'h were allowed to survive, in contrast to the people of Sodom.

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