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Hamaayan / The Torah Spring: Parashat Shoftim

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Alan J. Broder

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Aug 19, 1993, 9:14:54 PM8/19/93
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[ 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. ]


********************

Hamaayan/The Torah Spring
Edited by Shlomo Katz

Parashat Shoftim
4 Elul 5753/August 21, 1993

From our archives....

Parashat Shoftim contains fourteen positive commandments and 27
negative injunctions. These include the positive commandment to
obey the Sanhedrin and the elders of the generation, as well as the
negative injunction, "Do not turn away from that which they will
command to you, neither towards the right nor towards the left."
(17:11)

Many people, especially those who have grown up in a democratic
society, do not realize to what extent G-d demands that we follow
the words of our Rabbis and sages. Rashi, in interpreting the
above verse, writes: "[Obey them] even if they tell you that right
is left and left is right." Ramban elaborates and explains that,
although we may sometimes be certain that the Rabbis have erred --
just as we know without question which side is right and which is
left -- nevertheless, G-d demands that we follow the teachings and
instructions of true Torah-authorities.

One of the laws in this week's Parasha is that the Bet Din must
execute a Jew who is caught worshipping idols. Chazal teach that
this can occur in two circumstances: first, a person may be caught
performing the service that is unique to a given idol (e.g. there
was one idol whose worship involved sweeping the floor in front of
it), or, alternatively, a transgressor might bow down to the idol.
While the former behavior is punishable only if it is the correct
service for the idol in question, the latter is forbidden before
all idols.

This is not to say that the Torah disdains all bowing or
kneeling in prayer. Kneeling was part of the Yom Kippur service in
the Bet HaMikdash (and, hence, in our Yom Kippur Mussaf), and
bowing is part of every Shemoneh Esreh recitation. However, there
are Halachic restrictions dictating when and where one may not bow
or kneel. For example, kneeling on any stone floor is forbidden.

The efficacy of kneeling during prayer is learned from Moshe's
response to Korach. The Torah (Bimidbar 16:22) says that, upon
hearing Korach's accusations, Moshe "fell on his face." Several
commentators state that he was praying. (Ibn Ezra; R' Bachya).

In Parashat Eikev, as Moshe tells of the three 40-day periods
that he spent on Har Sinai, he describes them as follows:

"When I ascended the mountain to take the tablets of stone....I
sat on the mountain for forty days and forty nights..." (Devarim
(9:9).

[The second time:] "I fell on my face for forty days and forty
nights..." (9:18).

[The third time:] "And I stood on the mountain as for the first
days, forty days and forty nights..." (10:10).

On these verses, Rabbenu Bachya comments: From here Chazal
derived a strategy for prayer. One should pray sitting, he should
pray standing, and he should pray bowed down. The Halachic Code,
Tur, notes that this is, in fact, our practice with regard to the
prayer known as Tachanun. First we bow our heads on our arms, then
we sit up straight, and finally, when we reach the verse, "And we
do not know what to do, so our eyes are towards You," we stand.
This expresses our plea to G-d that we have prayed in every way
that we know how, and we now place ourselves in His hands.

(Siddur Commentators emphasize the potential power of the
Tachanun prayer, coming, as it does, immediately after the Shemoneh
Esrei which is the spiritual "high" of the whole Shacharit service.
This explains the Halacha that talking is forbidden between
Shemoneh Esrei and Tachanun, for such an interruption would sever
the latter prayer from whatever spiritual level was attained during
the former prayer.
(Chayei Adam quoting Shitah Mekubetzet).

This idea is illustrated by the following story from the Talmud
(Baba Metzia 59b): After a protracted Halachic dispute [which is
described in the Gemara], the Sanhedrin was forced to excommunicate
R' Eliezer, one of the disputants. Caught in the middle of these
events was Ima Shalom, the wife of R' Eliezer and the sister of
Rabban Gamliel, the Sanhedrin's president. The Gemara says that
Ima Shalom thereafter prevented her husband from "falling on his
face," fearing that any expression of suffering by that Tzaddik
would have terrible consequences for Rabban Gamliel. [Even though
Rabban Gamliel had only done what his position required, Hashem
always responds in some way to the suffering of a Tzaddik.]

Is it possible, asks the Shitah Mekubetzet, that Ima Shalom
actually supervised her husband all day in order to prevent him
from bowing in prayer? Rather, this refers to the lesson described
above. Ima Shalom would wait while her husband recited Shemoneh
Esrei, and then, before he could begin Tachanun, she would
interrupt him. Even if he did later recite that prayer [which
describes the suffering of David HaMelech and, more generally, of
any petitioner], it would be with less spiritual "power."]

Why is a prayer recited while bowing so effective? For three
reasons, says Rabbenu Bachya. First, it is a sign that the
petitioner humbles himself before G-d. We read in Sh'mot (3:6)
that Moshe covered his face rather than see the revelation of G-d's
glory. This is because one who is truly awed by another does not
dare look at him.

Second, bowing one's head is a sign of regret and submission.
Thus we signal that we have sinned before G-d and seek His mercy.

Finally, bowing shows that we place ourselves completely in G-
d's hands. If one is bowed and his eyes are closed, he is
completely helpless. He cannot see where he is going, nor can he
defend himself from attack. Hashem, however, protects us in all
circumstances.

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Reishit Chochmah

by R' Eliyahu de Vidas

R' Eliyahu ben Moshe de Vidas was born in Tzefat (where he later
studied under R' Moshe Cordevero (1522-1570)), and died in Chevron.
His best known work, Reishit Chochmah, is one of the most popular
and revered Mussar classics.

The title, "Reishit Cochmah," means "The beginning of wisdom,"
and is based on the verse (Tehilim 111:10), "The beginning of
wisdom is the fear of G-d." In this work, R' Eliyahu stresses the
Biblical and Midrashic sources of his lessons, feeling that the
mere words of the Prophets and the sages would be more influential
than any moral-philosopher could hope to be in molding the
character and aspirations of the reader. However, R' Eliyahu does
draw freely from earlier Mussar works such has Chovot HaLevavot and
Sha'arei Teshuva.

Perhaps the most "revolutionary" feature of Reishit Chochmah is
its extensive use of quotations from the Zohar, the Midrash which
is one of the primary texts for the study of Kabbalah. Many later
Mussar works followed in R' Eliyahu's footsteps, making use of such
excerpts and attempting to teach ethics from the mystical, as well
as philosophical viewpoint. (A notable example of such a work, and
one which quotes extensively from Reishit Chochmah as well, is
Shnei Luchot HaBrit - better known as the "Shlah HaKadosh" - by R'
Yeshaya Horowitz.

Like Chovot HaLevavot, after which it is likely patterned,
Reishit Chochmah is divided into sections covering such subjects as
"Yir'ah" (Fear or awe of G-d), "Ahavah" (Love of G-d), "Kedushah"
(Sanctity), and "Anavah" (Humility). Additionally, the work
contains several appendices. One is a summary of selected topics
from the works of R' Yisrael al-Nakava (died 1391). R' Yisrael's
work was otherwise unknown until its publication from manuscript in
1929.

(Based in part on The Early Acharonim)

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The learning schedule for this Shabbat is:

Kilayim 9:9-10

O.C. 665:2-667:1

Sotah 32

Yerushalmi - Terumot 47

Rambam - Ch/Day - Hilchot Erchin Vcharamim - Ch. 4
************************************

The hard copy distribution of this weeks
Hamaayan is sponsored by:

Dr. and Mrs. Robert Klein
in memory of father
Dr. Ernst Shlomo Kaplowitz

************************************

Donations to Hamaayan are tax deductible

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Posted by Alan Broder, a...@digex.com , 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
yeh...@gwuvm.bitnet


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