What Did You Have in Mind?
By Rabbi Joshua (constructively known as The Hoffer)
Hoffman
In this week's parsha, we learn of the 'eidim
zomemim,' or conspiring witnesses, who testify falsely in beis din against
someone in an attempt to have a certain penalty meted out to him. If another
pair of witnesses comes to beis din and testifies that the first pair was with
them at a different location when the crime supposedly took place, this second
pair is believed, and the first pair is given the penalty that it tried to bring
upon the defendant. The Torah tells us, "You shall do to him as he conspired to
do to his brother, and you shall destroy the evil from your midst" (Devorim
19:19). This law applies even when the conspiring witness attempted to have the
defendant executed through beis din, as the Torah goes on to say, Your eye shall
not pity : life for life, eye for eye, tooth for tooth, hand for hand, foot for
foot" (Devorim 19:21). The medieval commentor Rabbeinu Yitzchak ben Yehudah, in
his work Pa'aneach Raza, points out that it is not insignificant that the
next verse in the Torah begins the section on waging war. The message here is
that in the merit of fulfilling the verse "and you shall destroy the evil from
your midst" we will go out to war and be victorious. He does not, however,
explain why this should be so. I would like to suggest an explanation, based on
a teaching of Rav Avrohom Yitzchok Ha-Kohein Kook, as quoted by his disciple,
Rav Moshe Tzvi Neriah.
Rav Neriah, in his posthumously
published Torah commentary, Ner LaMaor, mentions a Sifrei which expounds a verse
at the end of the section on waging war, "and build a bulwark against the city
that makes war against you, until it is conquered "(Devorim 20:20) to mean that
a war to conquer the city from one of the seven nations is to be waged even on
Shabbos. Rav Kook points out that since this derivation has the status of a
Biblical law, the Shabbos violation referred to must be a Shabbos labor that is
Biblically forbidden. For this to be so, the act must be done in a constructive
manner. Even though waging war is, ostensibly, a destructive endeavor, the wars
that the Jewish nation fought in conquering the land had, ultimately, a positive
purpose, namely, 'to improve the world through God's sovereignty,' as we say
three times a day in the 'Aleinu' prayer. By destroying those
nations that did not observe the minimal demands of the Noachide laws, the
nation was clearing the way for the time in the future when God would be
universally recognized as the true God. Thus, the war had a constructive
purpose. Rav Kook says that this holds true for the wars to be waged against
Amalek, as well. This war, the rabbis tell us, will ultimately lead to the
building of the Temple, where all nations will come to serve God. Thus, these
wars are truly 'wars to end all wars.' Anyone who does not have this ultimate
purpose in mind when waging these wars, concludes Rav Kook, has not really
fulfilled God's will through his participation in them. With this teaching of
Rav Kook in mind, we can now understand the comment of the Pa'aneach Raza, which
we began with.
In the section regarding the conspiring
witnesses, the Torah tells us that by meting out the appropriate punishment to
these witnesses, which can even include putting them to death, we will destroy
the evil from our midst. I believe that the Torah is not only telling us that
this will be the result of the punishment, but that it also must be the
motivation we have in mind when meeting out the punishment. This section is then
followed by the section on waging war, and the Pa'aneach Raza tells us that this
juxtaposition caries the message that in the merit of destroying the evil from
our midst, we will be victorious in the wars we wage in Eretz Yisroel. This
section is then followed by the section on waging war, and the Pa'aneach Raza
tells us that this juxtaposition caries the message that in the merit of
destroying the evil from our midst, we will be victorious in the wars we wage in
Eretz Yisroel. The message here, I would suggest, is that just as we must carry
out the laws of the conspiring witness with the express purpose of destroying
the evil form our midst, and not for any personal motive, so too must we wage
the wars in Eretz Yisroel for the purpose of destroying the evil from the land,
and clearing the way or the universal recognition of God. The Torah is thus
telling us that if we do carry out these wars for this purpose, we will be
successful.
Please address all correspondence to the author (Rabbi
Hoffman) with the following address - JoshHoff @ AOL.com.
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