Parshat Ki Seitzei 5779
Rabbi Jablinowitz
We read in this week's parsha many different laws which seem to have little connection to each other. Yet we have indications from Chazal and the commentators why different laws are grouped together. For example, Rashi in the beginning of the parsha teaches that marrying a Yefas To'ar connects to the next parsha of two wives, one beloved and one hated, and ultimately to a Ben Sorer U'Moreh. And even beyond that, it connects to the next parsha of one who is obligated in the death penalty, more precisely of Kol Ha'Niskalin Nislin. All of this reminds us of the different layers of meaning contained within the Torah which we must always search out.
The Meshech Chachmah explains a grouping of different laws taught at the end of the parsha in Chapter 25. The chapter begins with the laws of giving lashes (Malkos) and ends with the prohibition against using false weights and scales in doing business, with Yibum and others in between. At the end of this section the pasuk says (Chapter 25, Pasuk 16), Ki So'avas Hashem Elokecha Kol Oseh Eileh, Kol Oseh Avel. It is an abomination to Gd anyone who does such type of fraudulent acts.
A simple reading of this pasuk tells us it is referring to what came before; the prohibition against false weights. However, the Meshech Chachmah teaches that it is referring to all the laws in this parsha. We don't read of any statement after each prohibition in this chapter explaining its reason as we find in the rest of the parsha. Therefore, he explains that this pasuk is a general explanation for all the laws brought in this chapter.
But what connects all of these seemingly disparate laws under the category of acting in a fraudulent manner?
The Meshech Chachmah explains that all these cases are of disadvantaged people who will not be able to defend themselves and make a claim against their offender. The first law in this section is about someone who is obligated in Malkos; he is already in a disgraced state, as the pasuk says V'Niklah Achicha L'Einecha. The Torah warns against adding to his lashes, Lo Yosif; don't throw in a few more lashes for good measure. Who will notice anyway? And who will defend a person who is already in a disgraced situation?
Lo Sachsom Shor B'Disho, don't muzzle an ox while he is plowing. Certainly no one will defend the poor animal deprived of eating while working!
The Meshech Chachmah learns the parsha of Ki Yinatzu Anashim Yachdav like the Sifri, that it is referring to a Rodef, one who is chasing after another and the one fleeing feels his life is threatened. He may kill if necessary, but first he must try to maim him. Who will defend one who is killed as a Rodef in a situation where the Nirdaf didn't need to kill in order to save his life? And who will defend one who buys from a seller using false weights? He doesn't even know he has been cheated!
The primary law taught in this section is the law of Yibum. When a brother doesn’t want to take the wife of his deceased brother who died without children, they perform Chalitzah. She takes off his shoe and spits on the ground in front of him. The Haghos Maimoniyos on the Rambam (Hilchos Yibum, Chapter 4, Halacha 8) teaches that the reason for this is to disgrace the brother who refuses to marry his widowed sister-in-law. When she takes off his shoe, the Torah is saying to him, wicked one, you could have performed this mitzvah but you refused. Therefore, your shoe will come off like a mourner and one who is in nidui (excommunication). She spits because he didn't want to continue his brother's seed, so she spits in front of him, another form of tipah seruchah. The point of this ceremony is to disgrace the refusing brother. And why is this done? The Torah here is defending the one who has the least ability to defend himself; the one who is no longer alive.
The common thread in this parsha is that the Torah warns against harming those who for whatever reason won't be able to defend themselves. All should know that when someone or something (even an animal!) can't defend themselves, the Torah will come to their defense. And this is because the Torah despises any form of fraudulent or unfair activity, and all should beware that the Torah will protect the offended in a case where he may not protect himself.
Good Shabbos
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