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Shoftim, 6th Aliya
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Shoftim, 6th Aliya

Property Rights. False Testimony. Damages. Wartime Rules.

Audio Summaries of the daily Chumash portions In loving memory of Ousher Zelig ben Myer HaLevi Z”L

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Property Rights. False Testimony. Damages. Wartime Rules.

Property Rights

Moshe now warns them regarding expanding the boundaries of one's property into that of their neighbors. In so doing, a person transgresses 2 negative commandments: 1)Not robbing and 2)Not pulling back the boundaries of one's land.

False Testimony

For a testimony to be accepted against another person regarding punishment by corporal or monetary means, there must be a minimum of two witnesses. These witnesses must deliver their testimony verbally and directly (ie there may not be an interpreter between them and the judge, nor may testimony in writing be accepted). However for cases regarding adhering to oaths, there need only be one witness.

Women cannot be witnesses.

Witnesses must stand while delivering their testimony.

Witnesses should regard their stance in court as if they are standing in front of G-d and treat the judge with great respect.

If it emerges that any witness is a false one for example by virtue of other witnesses testifying that the first witness or witnesses was/were not present at the scene he is testifying about that day, then they are to be punished in the manner by which the one he testified against would have been punished. However they are only so punished if the defendant was not yet killed by the false testimony of these initial (false) witnesses.

This tit for tat punishment against false witnesses applies to the false witnesses whether they testified against a man or a women in all cases except for adultery.

The punishment for an adulteress is burning. However if false witnesses conspire against a married daughter of a Kohen and accuse her of adultery, they are to be killed by strangulation, which would have been the punishment for the man such an adulterous woman was having an affair with.

The execution of false witnesses should be declared publicly to serve as an example for others.

Damages

Justice must be meted out without pity. Bodily harm (such as causing someone to lose an eye, tooth, hand or foot) must be repaid in appropriate financial measure.

Wartime Rules

Chumash now details some laws regarding war. Rashi explains that the reason this section comes right after discussing the laws regarding missing limbs is to teach that a person with a missing limb is exempt from fighting in a war. Alternatively, according to Sifrei, this is to teach us that the reward for executing justice righteously is to be victorious in war.

Chumash teaches us that in going out to fight a war the Israelites must not have pity on their enemies as their enemies don't have pity on them. The Israelites must see them like one horse to be struck down. While these enemies look numerous to the Israelites, to G-d they are few and thus they shouldn't be afraid of them.

When they are about the leave the border, the Kohen who is anointed for war is to come close to the army and speak to them in Hebrew, motivating them to fight.

He is to reassure them that even if they have no other merit other than the reading of the Shema, they are worthy of having G-d save them. He is to explain to them that this is not like the war between Israel and Yehuda. These enemies are not their brothers and if their enemies take them captive, they will not have pity upon the Israelites.

He is to give them four warnings, corresponding to four war practices which the king would engage in:

  1. The kings would stamp the horses feet on the ground to make them neigh. The Kohen is to warn them that their hearts should not be faint from this.

  2. The kings would strike their shields against one another to make loud noice in the hopes of scaring away those coming at them. The Kohen warns them not to be afraid of this

  3. The kings would blow horns and other loud instruments. They should not be alarmed from this.

  4. The kings would shout loudly. They should not be terrified of this.

The reason none of these behaviors should scare them is because while these enemies are coming at them with the victory of flesh and blood, the Israelites have the victory of G-d with them, represented by the Ark which traveled with them.

Moshe now says that the officers are to relate the following to the Israelites:

If a man builds a new house, he is to live in it rather than go to war. For if he were to die in war without having lived in the house, this would be very sad.

So too with someone who planted a vineyard but has not yet redeemed it in its fourth year when its fruits are to be eaten in Jerusalem or exchanged for money to buy food to eat in Jerusalem. Such a man should also not go to war since due to his not obeying a Kohen, he deserves to die.

If a man is too anxious to fight in a war, he need not fight. According to Rabbi Yossi the Galili as cited by Rashi this means someone who is afraid that due to his sins he is unworthy to survive in a war. His return home can be covered up under the excuse of it being due to a new house, vineyard or wife so others won't know that it is because this person is a sinner.

After the officers speak to the nation, they are to appoint guards in front and behind the legions holding iron arrows. Such that if anyone were to try to run away, these guards would strike the legs of the legions at the edges of the people.

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