Reading this week's Parsha, Shoiftim, left me confused and bleary eyed. So many topics to cover, so little time. True testimony. False testimony. True prophets. False prophets. Magicians. Conquest. Egla Arufa. Moishe Rabbeinu must have had one too many cappuccinos that morning. I suspect he might have even been on speed, Chass V'Sholom.
In this week’s Parsha, Moishe Rabbeinu tells us that a defendant can be convicted of a crime through the testimony of either two or three witnesses. But the Parsha tells us this law in two separate places. What's Pshat?
According to a Mishnah in
But according to a Gemarrah in Yevamois, the first mention of the rule about witnesses refers to legal testimony and the judicial system. But the second mention of the rule is brought down by the Toirah to teach us something not about law, but about marital relationships: While marital relations between two people, a husband and a wife, are sanctified in the eyes of the Aimishteh, He doesn't mind if every once in a while you bring in a third partner to "spice up the cholent."
Commenting on this Gemarrah, Toisfois points out that the second reference in the Parsha to the rule requiring two or three witnesses is juxtaposed to the rules of conquest: In the section immediately following the second mention of the rule, the Toirah tells us that when you conquer a foreign land, you should slay all the males, but keep the women and children for yourselves. Says Toisfois, the Parsha wants to teach us an important lesson: When you do have a third person join you in your marital relations, the Toirah suggests she be a hot shiksa. And the Toirah teaches this within the context of discussing military conquest so we will know that a little Bondage and Discipline is okay.
The RIF, however, holds, that a little S and M may be in order as well, as long as it does not lead to bloodshed, which would instantly raise up a Chashash of Nidah and spoil all the fun, Chass V'Sholom.
However, the Bais Yoiseph holds that the entire Gemarrah of Yevamois must have been written when the Amoraim were having a "bad day," and that Toisfois and the
The Bais Yoiseph holds that the reason the Toirah repeats itself on the rule about witnesses is to warn us that if we hire two false witnesses to testify in our favor during a tax fraud hearing, we should always hire an extra witness, just in case one of the witnesses turns states evidence. He brings as proof the whole, strange Halacha of the Egla Arufa.
As the Toirah states, if an unidentified dead body is found between two towns, and a murderer is not identified, the elders of the towns must sacrifice a lamb as part of a proclamation of the towns' innocence. According to the Bais Yoiseph, this is clearly a situation involving a cover up, and the Toirah is encouraging you to have some false witnesses up your sleeve who are willing to testify against some unwitting scapegoat.
But the Hesech Hadaas (B. 1280 -- D. ?) states that the Egla Arufa has no link whatsoever to any other topic in Parshas Shoiftim. Indeed, he holds that the Egla Arufa really belongs in Shmois, following the drowning of the Egyptian Army in the sea. He holds that the Egla Arufa symbolizes the random victimhood that characterizes human existence. The Jews in
I am reminded of a Maiseh Shehoyo. Many years ago I was traveling to
One evening, as the troops sat around the campfire drinking homemade slivovitz and eating General Tso's cocker spaniel, NPOJHARTHA began a Niggun. He sang slowly at first, and more loudly as the Communist troops learned the tune and joined in. After 45 minutes, NPOJHARTHA and I went to the side to Daven Maariv.
Suddenly the Nationalist forces launched a surprise attack against our comrades. But the spirit of Chairman Mao was upon us that day, and we repelled the capitalist dogs, routing them to the last man.
After the fighting subsided, NPOJHARTHA and I were imprisoned for cowardice, since we Davened in our bunker throughout the battle. I asked NPOJHARTHA, "Why does the Aimishteh punish us so? We were Davening, fulfilling His commandments, yet we are forced to suffer."
"Fool!" NPOJHARTHA responded. "Do you think He hears our prayers? We are in the middle of freaking nowhere, surrounded by a billion pagans. What do you think he has, radar?"
Just as we were randomly punished, so too the Egla Arufa is a response to a random crime against an anonymous victim. Not so that the Aimishteh is mollified, but so that we can feel a little less guilty after rummaging through the dead man's pockets and stealing his wallet and personal effects.
Ah Gutten Shabbos You Minuval.
Rabbi Pinky Schmeckelstein
Yeshiva Chipas Emmess