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Ki Teitzei 5774
Download thousands of audio shiurim and articles at www.yutorah.org 
The Marcos and Adina Katz
Ki eizei 5774
Shiluah Ha-qen
Rabbi David Horwiz
arasha Ki eze conains he commandmen o shiluah ha-qen, where he orah saes he ollowing:
 I, along he road, you chance upon a bird’s nes, in any ree or on he ground, wih fledglings or eggs and he moher siting over he fledglings or on he eggs, do no ake he moher ogeher wih he young. Le he moher go and ake only he  young, in order ha you may are well and have a long lie (Deu. 22:6-7).
Te L-RD wished his chosen people o be graced wih every good moral qualiy and ha hey should be generous in spiri and blessed in soul. I have already writen ha acions should mold he characer, improving i and making i recepivIn his work Te Guide o he Perplexed, (III:48), Rambam presens his suggesion regarding he reason or he commandmen, which is, in his view, also he reason or he prohibiion o slaugher an animal and is child on he same day (Leviicus 22:28). Rambam  wries as ollows:I is likewise orbidden o slaugher i and is young on he same day (Lev. 22:28), his being a precauionary measure in order o avoid slaughering he young animal in ron o is moher. For in hese cases animals eel very grea pain, here being no difference regarding his pain  beween man and he oher animals. For he love and he enderness o a moher or her child is no consequen upon reason, bu upon he aciviy o he imaginaive aculy, which is ound in mos animals jus as i is ound in man. Tis law applies in paricular o ox and lamb (Lev. ad loc), because hese are he domesic animals ha we are allowed o ea and ha in mos cases i is usual o ea, in heir case he moher can be differeniaed rom her young.Tis is also he reason or he commandmen o le (he moher) go rom he nes (Deu. 22:6-7). For in general, he eggs over which he bird has sa and he young ha need heir moher are no fi o be eaen. I hen he moher is le go and escapes o her own accord, she will no be pained by seeing ha he young are aken away. In mos cases, his will lead o people leaving everyhing alone, or  wha may be aken is in mos cases no fi o be eaen. I he Law akes ino consideraion he pains o he soul in he case o beas and birds, wha will be he case wih regard o he individuals o he human species as a whole? You mus no allege as an objecion agains me he dicum o (he Sages), may heir memory be blessed (Mishnah, Berakho  V:3) He who says: Your mercy exends o young birds, and so on.(Such an individual is blamed in he Mishnah). For his is one o he wo opinions menioned by us- I mean he opinion o hose who hink ha here is no reason or he Law excep he will (o God) - bu or us, we ollow he second opinion. (Guide, III:48 [Pines ed.], pp. 599-600)Ramban, in his commens o Deu. 22:6-7, akes srong excepion o he Rambam’s approach regarding a’amei ha-mizvoh in general (which will no be deal wih here) as well as he specific issue o shiluah ha-qen. Ramban’s inerpreaion o he mizvah o shiluah ha-qen is as ollows:So oo, wha he Rabbis have saed (Berakho 33b), “Because he reas he ordinances o God like expressions o mercy, whereas hey are decrees” (and ha is why he Mishnah saes ha He who says: Your mercy exends o young birds is silenced) means o say ha i was no a mater o God’s mercy exending o he bird’s nes or he dam and is young, since His mercies did no exend so ar ino animal lie as o preven us rom accomplishing our needs wih hem, or, i so, He would have orbidden (animal) slaugher alogeher. Bu he reason or he prohibiion (agains aking he dam wih is nes, or agains killing he dam wih is young in one day) is o each us he rai o compassion and ha we should no be cruel, or cruely prolieraes in mans soul as i is known ha  buchers, hose who slaugher large oxen and donkeys are
Ki Teitzei 5774
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men o blood (Psalms 55:24); hey ha slaugher men (Hosea 13:2), are exremely cruel. I is on accoun o his (cruely) ha he Rabbis have said (Kiddushin 82a):”Te mos seemly among buchers is a parner o Amalek.” Tus hese commandmens wih respec o catle and owl are no as a resul o compassion upon hem, bu are decrees upon us o guide us and o each us rais o good characer. (Ramban, Commenary on he orah: Deueronomy, edied and annoaed by Rabbi Dr. Charles Chavel [New  York, 1976], p. 271)Tere seems, hen, o be a wide discrepancy beween he Rambam and he Ramban. According o he ormer, shiluah ha-qen and oo ve-e beno are indeed as a resul o compassion upon hem. One is sorely emped o use curren erminology and say “according o he Rambam, i is a din in he animal; whereas according o he Ramban, i is a din in he human being. Ye Don Isaac Abravanel did no seem o have undersood he dispue beween he Rambam and he Ramban in such a ashion. In his discussion o he opic, afer quoing he Rambam and he Ramban regarding shiluah ha-qen (and beore presening his own explanaion or he mizvah), he wries:Bu I say ha his (Rambans) words are enailed in hose o he Moreh (Rambam) and ha he (Ramban) did no add anyhing in his mater. (Perush Ha-orah le-Rabbenu  Yizhak Abravanel, ed. Schotland [Jerusalem, 1999], p. 343).How was Don Isaac Abravanel able o fi he Rambam and Ramban so seamlessly ogeher? I hink ha wo more consideraions have o be included o obain a ull picure o Rambam’s posiion, and hese issues may have led Don Isaac Abravanel o claim ha Ramban essenially was saying he same hing as he Rambam. Firs, here is he philosophical poin ha, apparenly, had been raised by R. Jose Rosen, he Rogochover Gaon, z”l. I akes as is poin o deparure he assumpion ha he inerpreaion o Rambams view in he Guide regarding shiluah ha-qen should cohere wih his general undersanding in he Guide o divine providence upon he members o he animal kingdom. And on his score, he Rambam’s view is clear.For I or one believe ha in his lowly world- I mean ha which is beneah he sphere o he moon-divine providence waches only over he individuals belonging o he human species and ha in his species alone all he circumsances o he individuals and he good and evil ha beall hem are consequen upon he desers, jus as i says: For all his ways are judgmen (Deu. 32:4) Bu regarding all he oher animals and, all he more, he plans and oher hings, my opinion is ha o Arisole. For I do no by any means believe ha his paricular lea has allen because o a providence waching over i; no his spider has devoured his fly because God has now decreed and willed somehing concerning individuals; nor ha he spitle spa by Zayd has moved ill i came down in one paricular place upon a gna and killed i by a divine decree and judgmen; no ha his fish snached his worm rom he ace o he waer, his happened in virue o a divine voliion concerning individuals. For all his is in my opinion due o pure chance, jus as Arisole holds. (Guide, III:17, p. 471)Tus, Rambams view o Providence seems o lead him o agree ha “i was no a mater o God’s mercy exending o he bird’s nes or he dam and is young, since His mercies did no exend so ar ino animal lie,” as he Ramban says. Moreover, here is he mater o Rambam’s view regarding za’ar ba’ale hayyim. (Wheher his view in Mishneh orah is ha he prohibiion is min ha-orah or mi-derabanan is a horny issue ha is beyond our purview here.) Suffice i o say ha in he Guide, Rambam’s words regarding shiluah ha-qen and oo ve-e beno clearly imply some noion o za’ar ba’ale hayyim min-ha-orah. Ta is why one canno le an individual animal receive psychic pain (and cerainly no physical pain).Ye how can ha be? I God’s mercies are no exended o individual animals should human mercies exceed hose o God? (I am indebed o he lae Rabbi Jose Wanesky o Yeshiva Universiy, who shared wih me a later he received rom he lae Rabbi Schneider [o Monicello, N.Y.] on he opic, or firs bringing his issue o my atenion.) Apparenly (and his may be he assumpion o Don Isaac Abravanel), even he Rambam essenially mainains ha he ocus is essenially in developing he human sense o compassion. According o his reading, he key passage is he qal ve-homer ha concludes he Rambams presenaion above.I he Law akes ino consideraion he pains o he soul in he case o beas and birds, wha will be he case wih regard o he individuals o he human species as a whole?I one insiss on mainaining he yeshiva erminology used above, one may say ha according o he Rambam, shiluah ha-qen and oo ve-e beno are indeed mizvoh ha
Ki Teitzei 5774
Download thousands of audio shiurim and articles at www.yutorah.org 
he opening o his week’s orah porion discusses laws ha relae specifically o when he Jewish army goes o war. Neverheless, over he cenuries various darshanim have mined hese pesukim or nugges o spiriual insigh relaing o he “milchemes ha-yezer,” he broader “war” o religious devoion. Tese insighs are, o course, significan because everyone – wihou excepion – mus figh his batle. Any sraegy ha can uilized when we are emped o do somehing we know is wrong is o be sudied and appreciaed.In ac, here are hree paricular messages ha we can ake rom he orah’s descripion ha can be characerized as he “who, how, and wha” o going ino spiriual batle.“Ki eizei la’milchamah” (Devarim 21:10) means when  you – in he singular – go ou o war. Bu wha happened o he roops? Where are all o he soldiers? o be more accurae i really should have said “ki eizu,” in he plural;  why he curious ormulaion? In response o his problem a number o commenaors explain ha he orah is alluding o a undamenal principle o warare: A pre-requisie o miliary success is he uniy o he roops and he uniy o he people behind he mission o he roops. Tere may be housands o soldiers bu hey mus wage war as “ki eizei,” as a unified group.Tis idea has relevance o batles o he spiri as well. No mater how commited and how srong an individual may be, here is no subsiue or being a par o a cohesive and unified Jewish communiy. Achdus and ahavas  Yisrael are poen weapons which provide he necessary srengh and suppor require or success. No only can he communiy ofen help us avoid spiriual shoralls in he firs place, bu on hose occasions ha we have allen shor o expecaions and are acing divine judgmen here is no  beter place o sand hen shoulder o shoulder wih our  brohers and sisers. Numerous sources poin o he grea advanage o being judged as par o he zibbur and no merely as an individual.Tis is he firs lesson: Who should figh? All o us, ogeher and unied. A second relevan observaion is made by he Kozker Rebbe. He noes ha passuk implies a preempive approach. Insead o passively siting back and waiing or he enemy o atack “ki eizei la’milchamah al oyvecha,” we proacively go ou and conron he enemy.Tis is a crucial sraegy when i comes o he milchemes ha-yezer as well. oo ofen people remain passive and allow evens o define hem raher han aking he iniiaive o creae he realiy hey desire. When i comes o our  Avodas Ha- Shem we canno si back, wai or problems arise, and hen respond. Raher han being reacive we mus be proacive; we mus always be ocused on finding new opporuniies o grow and beter ourselves.Tis is he second lesson: How should we figh? Preempively and no passively.In addiion o uniy and iniiaive, a hird lesson relaes o wha sraegy we should employ. Rav Mordechai Gifer is bohered by an inconsisency in he coninuaion o he pasuk. Te ull verse reads: “Ki eizei la’milchamah al oyvecha u-ne’sano Hashem Elokecha be’yadecha ve’shavisa shivyo,” when you go ou o war agains your enemies and Hashem, your God, will deliver him ino your hand and  you capure is [people] as capives. On he one hand he  word “oyvecha” means enemies, in he plural, ye, on he oher hand, “u-ne’sano” is singular and means “will deliver him.” Why he sudden shif?R. Gifer explained ha he Yezer Hara pus many obsacles in our way. Someimes we can’ concenrae  because we are disraced by financial worries and oher imes we don’ do wha is needed because we are oo ired and sill oher imes we do hings we shouldn’ because  we are emped by illici pleasures. On he one hand here are so many disracions and so many challenges bu
Spiritual Warfare
Rabbi Dovid Gotlieb
are “dinim in” he person,. Te hefzah shel mizvah, on he oher hand, he objec ha helps one develop as a sensiive human being, is he animal ha is suffering. Te musar haskel is clear. One mus rea all o God’s creaures wih compassion. Every paricular ime ha one does so, one elevaes himsel. As he Rambam subsequenly wries: For i is by all he pariculars o he acions and hrough heir repeiion ha some excellen men obain such raining ha hey achieve human perecion, so ha hey ear, and are in dread and in awe o, God, may He be exaled, and know who i is ha is wih hem and as a resul ac subsequenly as hey ough o. (Guide III:52, pp. 629-30

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