Key Points in Parashat Shoftim

Ephriam Meth
• Commandment to appoint Shoftim and Shotrim: righteous judges and enforcers in each
Jewish village.

• A Zaken Mamreh, a sage who disputes the ruling of the Sanhedrin HaGadol, is publicly put Einayim L’Torah
to death. 500 W. 185th Street
New York, NY 10033
• The appointment and responsibilities of a Jewish king. He may not marry too many wives,
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accumulate too many horses, and must write a special Sefer Torah to be constantly carried
with him.
editor@einayim.org September 9, 2005 Volume 20, Number 1

Authority Lishma Contemporary

5 Elul, 5765 Parshat Shoftim
• Jews must provide a tithe of their livestock and produce to Kohanim and Levim. Editors In Chief
• Jews must obey only true prophets. False prophets are put to death. Pinchas Friedman Rabbi Yisroel Balsim Halacha
Yehuda Brand
• Six cities are set aside for accidental murderers to escape relatives of the victim who seek he Kli Yakar notices that in but rather they wanted someone appointing a king different than
revenge. Executive Editor
T Parshat Shoftim, three they could control and who any other mitzvah? In truth,
Pilot Light

T
Problems
• False witnesses receive the punishment they intended to inflict on the defendant or, if that is Dovid Skversky Talmud itself even with regard Rabbi Shmuel Maybruch
major forms of leadership are would follow them. The king is there is a contradiction in the

impossible, 39 lashes. he Mishna in Avodah

described: the judge, the king, supposed to be a leader guiding
Literary Editors
Zarah (35b) records vari-
and the priest. Is there any the people in the path of the to other mitzvot. The Talmud
• Rules of war: who is exempt? Don’t destroy fruit trees. Eitan Bitte ous foods that are
theme that these three leaders Torah. (Brachot 17) states, “Ha’ose shelo

• Eglah Arufah for an unknown corpse found between cities. Yigal Gross Rabbinically prohibited when
have in common? Consider the This explanation is still difficult lismah noach lo shlo nivra.” How

Sruli Ginsberg ing directives? Rav Hershel they originate from non-
mitzvah regarding appointing to understand because of the can we reconcile these conflict-
Jews. This list includes she-
the king. The Torah says: “Som
Yosef Lindell
YOUR The political lakos – cooked vegetables.
tasim alecha melech,” “You shall Schacter explains (Ikvei Hatzon

leadership of
Business Management Rashi 1 comments that
place upon you a king.” Why 22) in the name of the Netziv
(Meishiv Davar Cheilek 8 Chazal’s objective was to
Zev Koller
the Jews is
then, did Shmuel subsequently
Siman 46) that the principle of prevent intermarriage by dis-
AD Benjamin Fakher
become angry at the people for
requesting a king if it is a mitz-
responsible for
shelo lishma is only valid if the tancing us from our non-
person is just fulfilling an act Jewish neighbors.
Yoni Noble
both spiritual
vah in the Torah? The Rambam
which has been done previously. From the Talmud’s discussion
HERE! Public Relations and physical
(Hilc. Melachim) explains that
However, if one is saying a nov- on the rules of cooked vegeta-
growth
their intentions were not
Josh Weinberg elty in Torah, establishing a new bles (ibid 38a) it is clear that
The Greatest Jewish Music
Lshaym shamayim, rather it
Ephriam Meth minhag, or building a new proj- the Rabbinic dictum included
ect, then the only legitimate other cooked foods, as well.
was a way of separating from
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way to do it is with pure inten- The Talmud quotes two state-
Hashem, as it says “Ki lo oscha
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Tzvi Simcha Cohen • (646) 387-8573 • TSimcha@gmail.com principle L’olam ya’ask adam

tions and no personal interest. ments from the same amora

ma’asi, osi ma’asi.” The Kli Yakar
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b’Torah ubmitzvot, shemitoch

The Netziv applied this to a concerning the parameters of

explains that they did not want shelo lisma, bah lismah (Pesachim
646.387.8573 this Halacha. According to
a king who would rule them, 50b). How is this mitzvah of
some, Rav Shmuel bar

Karbonot TableTorah
continued on page 3
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Magic Pilot Light Problems
eaten raw is not subject to the
Josh Dredze laws of bishul akum. In others’
side from those who pur- should be tamim before opinion, Rav Shmuel bar
A port to be magicians and Hashem, which excludes the Yitzchak stated that anything
that does not ascend the table
soothsayers, most people have practices performed by nations
of kings as a condiment is not
prohibited when cooked by a
trouble relating to the issur in that serve other gods.
continued from page 1
Raavad is not generally
accepted in and of itself.6
However, the Taz7 suggests
that the Rama’s ruling permit-
ting a fire taken from a fire lit
by a Jew is too lenient.
Therefore, he is comfortable
Magic
vhv, ohn, continued from page 2
Feinstein echoes this approach when he questions the appropriate-
ness of genetic testing, even when it is accomplished by purely med-
ical means. He resolves that there is no problem, but the fact that he
discusses the issue seems to imply that there is an issur in looking
into the future.
Let us examine the opinion of Rashi more closely. Why may one not
even seek the guidance of Hashem to determine the future? Perhaps
the answer lies in the Rashbam’s explanation of the Gemara’s
description of the issur, which is found in Pesachim 113b. The
Rashbam explains that seeking out the Chaldeans for their magic is
assur because one should trust in Hashem in every situation. Trying
to deduce the future and figure out what might be is indicative of a

non-Jew. The Baalei

this week’s Parsha against using Therefore, the issur would One outcome of these two approaches can be found in the comments
relying on it only in concomi-
general lack of bitachon.
magic to predict the future. encompass only non-Jewish
HaTosafos quote the ruling of tance with the opinion of the
of the Ozniam L’Torah on this Pasuk. In Shmuel I, Shaul
2 Imagine yourself giving a ride home to a friend, and he asks you
Rarely does one overhear a practices and forms of magic.
Rabbeinu Tam that we follow Raavad. That is, if a Jew lit the
HaMelech makes a ban against eating before going to war. When
passerby mutter under his However, perhaps tamim tihyeh every five minutes how long the trip will take or about which route
both of these quotations. pilot light and the cooking is
the ban was violated, Shaul determines that it is necessary to use a
breath, “If only I could avail is teaching us more than a neces- you are taking. You would begin to get annoyed with your friend’s
Since bishul akum is a rab- taking place in a Jewish estab-
lottery determined by Hashem to find the offender. The Ozniam
myself of the services of a kosem sity to abstain from the oracles impatience and suspect that he did not trust your judgment. This is
binic prohibition, it is subject to lishment, the food is permitted.
L’Torah asks: why is this lottery not in violation of tamim tihyeh? He

Yet, if a Jew lit the pilot light in

or m’onen for just one minute.” and incantations of non-Jewish
the rule that in matters of rab-
explains that the lottery was allowed in this situation since it was for also true in our relationship with Hashem. Trying to guess the future

binic law we follow the more a home or restaurant owned

Nevertheless, based on the nations. The pasuk is telling us a national need. Given the approach that the entire issur of tamim and anticipate what may occur reflects a general lack of trust.

lenient opinion. Rabbeinu by a non-Jew, the food is still

Gemara (Pesachim 113b), the to avoid looking into or trying to Constantly guessing what the future may hold and worrying about
tihyeh is looking into the future, the Ozniam L’Torah’s question is
Tam’s ruling is accepted in subject to the prohibition of
Rambam, and subsequently the anticipate the future (excluding, the outcome of events breeds a very unhealthy mental state, in which
quite appropriate. However, if the issur is limited to the approach of
Shulchan Aruch3. Bishul Akum. This can provide
Shulchan Aruch (Y.D. 179:1), of course, practices sanctioned one too easily loses sight of Hashem’s role in events. Because of this,
the Ramban and Seforno, i.e. not to use the magic of other gods,
many complications in restau-
quote this issur against magic by the Torah such as the Urim
The Shulchan Aruch rules that
Shaul’s action would not have been a problem, because the execution it is necessary for there to be a type spontaneity in our avodas
rants owned by non-Jews.
L’Halacha. Perhaps a closer look V’Tumim and nevuah.) In other
a non-Jew may cook all foods
of the lottery was through Hashem. Hashem.
at the nature of this prohibition words, merely trying to discern
if a Jew contributes to the The Zer Zahav8 and the
Minchas Yaakov9 disagree Authority Lishma
may reveal a much more relevant what the future may bring is
cooking process, even if the continued from page 1

Jew participates minimally. In with the Taz’s stringent

lesson than we might have included in the scope of this

The Gemara Tamim tihyeh is A look at the the view of the Shulchan requirement. They do not
expected. issur. case of a rabbi who wanted to start his own Shmuel HaNavi is that even the motiva- made mistakes and both admitted their

teaching us Aruch, a Jew must either believe that one must combine
minyan because he was not getting enough tion for establishing a king must also be mistakes, Dovid, however, admitted his

place the food on the fire or the rulings of the Rama and
more than a
learns the issur Rishonim may respect in his shul, which he felt to be a done leshaym shamayim. The leader has to faults publicly, as we see similarly with
stir the food once it is on the Raavad. Rather, they assume
necessity to
against per- reveal each of bizayon HaTorah. The Netziv wrote to this be fighting for the cause he represents, Yehudah and Tamar. Likewise, Dovid was
fire. However, the Rama4 that the ruling of the Rama
forming magic these approaches. rabbi that it would be wrong to start a min- without any of his personal interests stand-

“Tamim tihyeh abstain from the his commentary

not ashamed to dance in front of the aron,
quotes the ruling of several alone is sufficient to permit the
from the Pasuk The Ramban, in yan for such a reason. ing in the way.

oracles and
and his wife Michal was wrong for repri-
Rishonim that it is sufficient for food. According to their ruling, From the above analysis, it is clear that the
the Jew to light the fire on a non-Jew may even cook on
From the perspective of the torah, there is
E l o k e c h a incantations of seems to explain
manding him. Dovid was able to have two
lifnay Hasem on the Torah,
which the pots will eventually non-Jewish premises with a
a great deal of innovative potential attached king and the judge share similar responsi- roles. On the one hand he was king of the
non-Jewish be placed. (Alternatively, he stove kindled from a pilot light
to the kingship. The political leadership of bilities, i.e. to be fair, just, and impartial. people, and on the other hand he was a ser-
nations.
(18:13).” The the pasuk
can stoke the coals of a previ- lit by a Jew.
literal meaning according to the the Jews is responsible for both spiritual Perhaps the same is true as well of the third vant of Hashem. He was the ideal model of
ously lit fire or add a small
of the pasuk is simple pshat: and physical growth. Such an institution institution of priesthood. The kohen is what a true king, according to the Torah,
amount of fuel to the fire.) The
responsible for the spiritual well being of
1 s.v. vehashelakos
that man must be wholehearted that one should be wholeheart- would certainly fit into what the Netziv should be. His life was full of travails in
Rama quotes that some
the other Jews. In the laws of kodshim we
2 ibid. s.v. ikah
in his service of Hashem. ed in his service of Hashem and called chiddush. Therefore, it must be com-
Rishonim maintain that it is
which he had to demonstrate his complete
However, when one looks at the not follow other gods. The find many requirements of lishma. Thus, all
3 Y.D. 113, 1
pletely leshaym shamayim, more than any
adequate for the non-Jew to
devotion to Hashem. This explains why the
pasuk in the context of the sur- Ramban does not emphasize three areas of Jewish leadership share in the
4 ibid.
other endeavor, as the Rambam writes, “In
light the stove from another
Melech HaMoshiach has to be a descen-
rounding parsha, one can dis- looking into the future as the common theme of acting purely le’shem
flame kindled by a Jew. 5 quoted in Tos. 38a s.v. ela and
everything his actions should be l’shaym
cern an additional level of inter- problem. The Seforno follows dent of Dovid. The melech hamoshiach has
Tur ibid.
shamayim.
Consequently, a non-Jew may
shamayim, and his direction and his
pretation. The previous this approach as well: the prob- to reflect the ultimate kingship of Hashem,
ignite burners on a stove from 6 Ostensibly it is not quoted in
thoughts should be to raise the true religion Shaul HaMelech lost his kingship because
which in essence is purely lishma.
Shulchan Aruch. Yet some suggest
pesukim prohibit the use of lem is looking into the future
a pilot light lit by a Jew. Many
(Melachim 4:10). Similarly, the Rambam of his mistakes while destroying Amalek
that the opinion of the Raavad is
incantations, oracles and other through means other than
restaurants and private indi-
writes that anyone involved with commu- and by not waiting for Shmuel. But Dovid
the reasoning behind the ruling of
practices of the nations of the Hashem, but there is no gener-
viduals frequently utilize this the Rama (ibid. 4.) that Bishul
land, as these practices are an al issur regarding divination. nal needs has to do everything leshaym also made mistakes, and yet he did not lose Rabbi Israel Balsim is the Rabbi of The Nodah
abomination before Hashem. Rashi, on the other hand, leniency. Akum does not apply to food a
shamayim. What we learn from the story of his kingship. Why? Even though both men Byehudah minyan in Washington Heights.
Another leniency is maid cooks in a Jewish home. See
Einayim L’Torah would like to express hakarat hatov to
“Tamim tihyeh” can then be read explains that one transgresses
Shach s.k. 7.
advanced by Rav Avraham

Tzvi Cohen
as a response: the Torah is com- the issur if he “investigates the
manding us not to follow these futures,” which is in contrast to b. David.5 He opines that the 7 s.k. 6
rabbinic dictum only applies 8 glosses to the Isser V’Heter

of Graphic Content
abominable practices.
to food cooked on non- HaAruch
being tamim with Hashem.

Jewish premises but not to 9 in his glosses to the Rama’s

The simple understanding of Rashi seems to view this issur as

food cooked in a Jew’s Toras Chatas

for redesigning our layout. Thank You!!!
this reading of the pasuk is that merely looking into the future,

home. The opinion of the

instead of pursuing magic, we through any means. R’ Moshe
continued on page 3

EINAYIM L’TORAH • 2 3 • PARSHAS SHOFTIM