Parshat Shoftim 5781
Rabbi Jablinowitz
We read in this week’s parsha the mitzvah to establish Shoftim and Shotrim in every city. Shoftim are the judges who determine the proper judgment and the Shotrim are those who implement their decisions. As Rashi explains, She’Makin V’Koftin Be’Makel U’Beretzuah ad She’Yekabel Alav es Din Ha’Shofet. Sometimes it is necessary for the Shotrim to use physical force in order to carry out the decisions of the judges since not everyone is always pleased with the results of the judicial process.
The Sfas Emes teaches that just as there is a mitzvah on the community to have Shoftim and Shotrim, so too each individual is obligated to create these two systems within himself. One must establish Shoftim; the intellectual side of man through which he makes decisions as to how he will run his life. And these decisions need to be based on the principles of the Torah. And in addition, one must create a structure for disciplining himself in order to carry out his understanding of how to lead a religious lifestyle.
The Sfas Emes brings two examples of how this dichotomy works and is expressed in the religious experience. One is the mitzvah of Tefillin. There is Tefillin shel Rosh; the intellectual, creative, and decision-making side of man which is based on Torah. And this aspect of man’s identity must be consistent with its partner mitzvah of Tefillin shel Yad, representing man’s actions. One’s actions need to reflect the Torah conclusions of the intellectual side. He learns that the words which obligate this mitzvah (Chapter 6, Pasuk 8), U’Keshartam L’Os al Yadecha, indicate a command even against one’s will. You shall tie the Tefillin on your arm, follow the ways of the Torah, even if you don’t want to. Rabbeinu Yonah on Brachos explains that this is why we put the Tefillin shel Yad across from one’s heart. Since the heart is the source of one’s desires, the Tefillin indicate his attempt at subjugating his actions and limiting his physical desires which are contrary to Torah.
Towards the end of the parsha we read about those who are exempt from battle. The Torah includes an exemption for those who are afraid (Chapter 20, Pasuk 8), U’Mi Ha’Ish Hayareh V’Rach Ha’Levav Yaleich V’Yashov Le’Vaiso. Rashi brings in the name of Rabbi Yose Ha’Galili that the Torah is referring to one who is afraid of his sins. And the Gemara in Sotah 44B teaches that this includes the sin of speaking between putting on the Tefillin shel Yad and the Tefillin shel Rosh. Sach Bein Tefillah L’Tefillah Aveirah He Be’Yado V’Chozer Aleha Me’Orchei Ha’Milchamah.
How could it be that a relatively simple infraction of speaking while putting on one’s Tefillin could put the person in danger if he goes out to war?
The Sfas Emes answers that speaking between Tefillin shel Yad and Tefillin shel Rosh creates a break between them. And this break indicates a disconnect between one’s thoughts and one’s actions. And as we explained, a fundamental principle of the mitzvah of Tefillin is to ensure a consistency between one’s thoughts and one’s actions; between his Shoftim and his Shotrim. Surely, such an inconsistency between thought and action is a serious aveirah.
Another expression of this dichotomy is the relationship between Shabbos and the six days of the week. The pasuk says (Chapter 5, Pasuk 13), Sheshes Yamim Ta’avod V’Asisa Kol Melachtecha; six days you shall toil and complete all your work. Why does the Torah command the individual to work during the week? Is it a mitzvah to work?
The Sfas Emes compares this pasuk to a pasuk in next week’s parsha (Chapter 23, Pasuk 24), Motza Sefasecha Tishmor V’Asisa; that which you say you will do, you must fulfill. The Gemara in Rosh Hashanah 6A derives from the word V’Asisa that Beis Din forces the person to fulfill his vow, even if it’s against his will. This is the meaning by Shabbos as well. When the Torah states Sheshes Yamim Ta’avod V’Asisa, it is teaching us that our work during the week must be against our will, i.e. we force ourselves to subjugate our desires and act in accordance with the Torah. Just as the Shotrim beat the people with a stick and a strap to carry out the judgments of the Dayanim, each individual forces himself to act in accordance with the Torah, with the way he knows to be correct.
And what happens on Shabbos? We read in the first set of the Aseres Ha’Dibros (Shemos, Chapter 23, Pasuk 12), Le’Ma’an Yanu’ach Shorcha V’Chamorecha; your animals must rest on Shabbos as well. But the words Le’Ma’an Yanu’ach Shorcha also express the notion that on Shabbos one’s animal parts take a rest. The Zohar Hakadosh refers to Shabbos as Yuma D’Nishmashin, the day where the souls dominate and the animal parts of man are secondary. One’s personal Shotrim don’t need to work since Shabbos is the day of Shoftim, of learning Torah, as the Gemara in Shabbos 86B teaches, Hakol Modim D’Be’Shabbos Nitnah Torah. Shabbos is the day when the work of the Shoftim doesn’t need to backed up by the force of the Shotrim.
Good Shabbos
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