CHAMISHOH MI YODEI'A - FIVE QUESTIONS AND ANSWERS ON PARSHAS KI SEITZEI 5775 - BS"D
1) Ch. 21, v. 10: "Unsono Hashem Elokecho b'yo'decho v'shoviso shivyo" - And Hashem your G-d will place him into your hand and you will capture his captive - This seems to be double talk, as placing him into your hand means that you have captured him. Also, why is "unsono" in the singular?
2) Ch. 24, v. 7: "Goneiv nefesh …… v'hisa'mer bo umchoro u'meis haganov hahu" - Kidnap a soul …… and work him or sell him and that thief shall be put to death - Why such a strict punishment?
3) Ch. 24, v. 8: "Hishomeir b'nega hatzoraas …… tish'm'ru laasose" - Safeguard a tzoraas affliction …… you shall safeguard to do - The verse begins in the singular form and changes to the plural with "es'chem" and also ends in the plural "tish'm'ru." Why the change?
4) Ch. 24, v. 19: "V'shochachto omer" - And you will forget a bundle - In parshas K'doshim the Torah enumerates other items that are to be left in the field for the poor, "leket" and "pei'oh." Why is "shikchoh" left for our parsha?
5) Ch. 25, v. 2: "V'hoyoh im bin hakos" - And it will be if he is a son of (deserving) flogging - Why is the word "bin" vowelized with a "chirik" rather than with a "segol?"
The enemy who is captured are actually numerous people. Rabbeinu Bachyei explains that being victorious in war is always predicated by the archangel of the nation that is doing battle with the bnei Yisroel being handed over to our archangel. This is "unsonO."
Since the kidnapped person is usually a child, he will not know who his parents are and with the passage of time he might meet up with his father or mother and wound or curse one of them and be put to death by the court. The kidnapper is thus putting the victim into a situation that might bring about his death.
Alternatively, since he is either working him as a slave, or selling him into slavery, the victim will end up being destitute. A destitute person is likened to one who is dead. This is the fault of the kidnapper and he deserves the death penalty. (Rabbeinu Efrayim)
The gemara Nozir 57 derives from the plural "lo sakifU" that not only the barber, but also the one who receives the haircut has transgressed. Similarly here, since the verse ends in the plural "tish'm'rU" we may derive that not only the one who cuts off the nega, but also the afflicted one has transgressed. (Ponim Yofos)
Perhaps this can be explained with the words of the Ramban in his preface to Sefer Dvorim. He explains why certain mitzvos are left for Sefer Dvorim, and among them is a mitzvoh that is infrequent. We can thus say that "leket" happens all the time, as some grains fall from the stalk upon being harvested. "Pei'oh" is a requirement from just about every field. However, it is quite unusual to leave a bundle of harvested grain in the field. (Nirreh li)
This teaches us that we must use "binoh" wisdom when administering flogging. Firstly, even if a person transgressed a prohibition, there are six types of sins that do not carry the flogging penalty. Secondly, even if the sinner is to be flogged, it must be done with great calculation. We do not automatically give him the full 39 floggings. He might be too weak to receive them all. Also, when less are administered, they must be in multiples of three. (Baal Haturim)
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