Oroh V'Simchoh

Meshech Chochmoh
on the Weekly Parsha

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by Zvi Akiva Fleisher

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OROH V'SIMCHOH - MESHECH CHOCHMOH ON PARSHAS DVORIM 5767 BS"D

Ch. 1, v. 16: "Vo'atza'veh es shofteichem bo'eis ha'hee leimore" The gemara Sanhedrin 7b says that when Rav Huna sat in judgment he told the court assistants to bring him his staff, strap, and shofar. Rashi explains that the staff was needed when the occasion of administering Rabbinical beating, "makos mardus," became necessary, the strap for 39 lashes, and the shofar for excommunication. Rabbi Yochonon says that from the words of our verse we derive that a judge should have a staff and a strap. The MESHECH CHOCHMOH asks why there is no mention of a shofar as well, as per the words of Rav Huna. He answers that our verse says "bo'eis ha'hee," - at that time. The gemara Mo'eid Koton 15b says that "at that time," the vast majority of the years that the bnei Yisroel were in the desert (The gemara Yerushalmi Taanis 4:3 says that it was for 38 years.) they were excommunicated from Hashem. Thus there was no possibility to further excommunicate the bnei Yisroel. Some say that this took place after the sin of the golden calf, while others say that it began after the sin of the spies.

Ch. 2, v. 4,5: "V'es ho'om tzav leimore attem ovrim bigvul acheichem bnei Eisov, Al tisgoru vom" In verse 9 we find "Va'yomer Hashem eilai al totzar es Moav." Why in our verse, regarding the descendants of Eisov is Moshe commanded to tell the nation, "V'es ho'om tzav leimore," while in verse 9, regarding Moav, the verse says, "Al totzar es Moav v'al tisgor bom milchomoh," with the command directed to Moshe and not to the bnei Yisroel? The MESHECH CHOCHMOH answers that the gemara B.B. 123b says that the descendants of Eisov will only be given into the hands of the descendants of Yoseif. Moshe, not being from the tribe of Yoseif, received a command to tell the bnei Yisroel, inclusive of the descendants of Yoseif, to not fight the children of Eisov, whom they otherwise might have entertained combatting. When discussing the descendants of Moav, Moshe is also included in the group of those who would consider fighting them, as there is no indication that they would be overpowered by any limited specific tribe. therefore, even Moshe was commanded to refrain from doing so.

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