פרשת וישלח תש"ח - שכם בן חמור

Adam, the first man, was commanded with six commandments: 1) idolatry, 2) “blessing” (euphemistically) the Name (of G-d), 3) murder, 4) illicit sexual relations, 5) thievery and, 6) establishing a system of justice. Even though all of these have been received as a Tradition from Moses our Teacher and we can understand the rationale for them, nevertheless, from (verses in) the Torah (we learn that) it was these that they were commanded. A seventh commandment forbidding the eating of a limb torn from a live animal was added for Noah, as it says, “Even flesh, life is in the blood, do not eat of it” (Genesis 9:4). These commandments were universally applicable - until Abraham. With Abraham, circumcision was also commanded and he prayed Shacharis (the Morning Prayer). Isaac separated out a tithe and added another prayer in the afternoon and, with Jacob, the prohibition against eating the sciatic nerve was added, as was the Maariv (Evening) Prayer. In Egypt, Amram was commanded with other precepts⁸²I do not know which. and, with Moses our Teacher, the Torah was completed.

What must they do to fulfill their requirement regarding the Law of Justice? They have to set up magistrates and judges in each district to judge the people with regard to these Six Commandments; and they must issue warnings (about them) to the people. A non-Jew who violates one of the Seven Commandments is executed by means of the sword. ¹⁰¹This entire passage is absent in most versions.How is this so? Anyone who worships idols or blasphemed or murdered or had sexual relations with one of those forbidden to him or stole even less than the value of a Prutah or ate any amount from a limb or the flesh of a live animal or saw someone else violate one of these and failed to judge and execute him, is himself executed by means of the sword. It was for this reason all residents of the City of Shechem deserved to be executed. For Shechem kidnapped¹⁰²Dinah., and they saw and knew and failed to judge him. A non-Jew is executed by the testimony of one, and with one judge, without forewarning, and by the testimony of relatives, but not by the testimony of a woman¹⁰³Other editions are missing the words, “but not by the testimony”.. A woman may not judge for them.

And the sons of Yaakov answered Shekhem and his father Chamor with guile: Behold, Chamor and Shekhem spoke to her father and her brothers, but her father did not answer them anything, as his sons spoke in his place about this matter out of respect for him. Since the thing was a disgrace for them, they didn't want that he should open his mouth to speak about it at all. And there is a question here, as [it] appears that they answered with the agreement of the their father and with his counsel, as they were in front of him and he knew that their answer was spoken with guile. And if so, why did he get angry [with Shimon and Levi]? And also, it is not plausible that his will would be to marry his daughter to the Canaanite that defiled her. And behold, all of the brothers answered with guile, [even if] Shimon and Levi did the deed and [yet] the father only cursed their anger. And the answer is that the guile was in telling them to circumcise all their males, since they thought that the people of the city would not do this. And if maybe they would listen to their prince and they would all be circumcised, they would come on the third day when they were hurting and they would take their daughter from the house of Shekhem. And this was the counsel of all of the brothers and it was with the permission of their father. And Shimon and Levi wanted to take revenge upon them and killed all of the men of the city. And it is plausible that Yaakov's anger that cursed them was because they killed the men of the city that had not sinned against him. And what was appropriate for them was that they would kill Shekhem only. And this is what the verse states, "And the sons of Yaakov answered Shekhem and his father Chamor with guile, and they spoke since he defiled Dinah, their sister" - since they all agreed to speak with guile because of the villainy that he did to them. And many will ask, "And how is it that the righteous sons of Yaakov did this act to spill innocent blood?" And the teacher (Ramabam) answered in the Book of Judges (Mishneh Torah, Kings and Wars 14:9) and said that the Children of Noach (gentiles) are commanded about laws (dinim), and that is that they set up judges in each and every town to judge about their six commandments. And a gentile who transgresses one of them is killed by the sword. [Likewise] if one sees someone who transgresses one of them and [that a court] did not judge him to kill him, behold, this observer should kill him with the sword. And because of this, all the men of Shekhem were liable for [the] death [penalty]. As behold, Shekhem had [kidnapped] and they all saw and knew [it] and did not judge him (and since they did not enforce civil law, their punishment was death). And these words are not correct in my eyes. As, if so, Yaakov, our father, was obligated to be prior and merit [to be the instrument] in their deaths. And if he was afraid from them, why did he get angry with his sons and curse their anger several times and punish them and divide and scatter them? Did they not merit and do a commandment and trust in God, and He rescued them? But according to my opinion, the laws that were counted [as one] of the seven commandments that the Children of Noach were commanded is not only to set up judges in each and every town, but [rather] He commanded them in the laws of theft and fraud, abuse, fair wages, laws of guardianship, rape and seduction, the main categories of damages, injury to ones's fellow, laws of the borrower and lender, laws of purchase and sale and similar to them - like the matter of the laws that Israel was commanded. And he is killed for them if he steals or abuses or rapes or seduces the daughter of his fellow, or if he burnt his hedge and caused injury with it, and similar to this. And in the category of this commandment is also that they set up judges in each and every city - like Israel. And if they do not do so, they are not killed; as this is a positive commandment. And they only said (Sanhedrin 57a), "Their warning is their death penalty" - and only the prevention of a negative commandment is called a "warning." And this is the way of the gemara in Sanhedrin 59. And in the Yerushalmi, they said about the laws of the Children of Noach, "If he swayed the judgement, he is killed, if he took a bribe, he is killed. With the laws of Israel, all laws that you know you would pay for [if you misjudged the case], you are not permitted to run away from [adjudicating] it; but all laws that you know that you would not pay for it, you are permitted to run away from it. But with their laws, even though you know that you will pay for it, you are permitted to run away from it." From here [we see], that a gentile is permitted to say to the litigants, "I am not obligated to you" - as it is an addition to Israel that, "You shall not fear a man" (Deuteronomy 1:17) - [meaning,] do not hold your words because of a man (Sanhedrin 6b). And all the more so is he not killed when he does not make himself into a captain, an officer and a ruler to judge his master. And [for] what is the teacher seeking their liability [for the death penalty]? Were the men of Shekhem and all of the seven nations not idolaters, sexually immoral and doing all of the abominations to God? And Scripture yells out about them in several places: "whether on lofty mountains and on hills or under any luxuriant tree" (Deuteronomy 12:2); "you shall not learn to do, etc." (Deuteronomy 18:9); and concerning sexual immorality, "For all those abhorrent things were done, etc." (Leviticus 18:27). But rather [the reason that Yaakov did not want to kill them is that] the matter is not given over to Yaakov and his sons to enforce the law upon them. But the [actual understanding of the] matter of Shekhem is that since they were evildoers and their blood was considered like water about them, the sons of Yaakov (Shimon and Levi) wanted to take vengeance upon them with the vengeful sword, and they killed the king and all of the people of his city, since they were his servants and submitted to his directive. And the covenant that they should be circumcised was not considered anything in their eyes, as it was to flatter their master. But Yaakov said to them about this that they brought him into danger: "You have brought trouble on me, making me odious," and then he cursed their anger, as they did violence to the men of the city. Since [the brothers] said to them in his presence, "and we will dwell among you and become as one nation," and [the men of Shekhem] chose them, and [yet Shimon and Levi] upended their words - and perhaps they would have repented to God. And [if so] they killed them for nothing, as they did not do any evil to them at all. And this is what [Yaakov meant] when he said (Genesis 49:5), "their weapons are tools of violence." And if we are to believe the Book of the Wars of the Sons of Yaakov (which is Sefer HaYashar), the fear of their father came upon them, as the neighbors of Shekhem gathered and made three great wars against them. And were it not for their father who also girded his tools of war and fought against them, they would have been in danger, as it is recounted in that book. And our rabbis (Bereishit Rabbah 80:10) mentioned [something] of this on the verse "which I took from the Amorites with my sword and bow” (Genesis 48:22). They said, "All those around them gathered to confront them - [so] Yaakov girded tools of war against them," as Rashi writes there. But Scripture is brief about this - since it was a concealed miracle, as they were strong men and it as is if their [own] forearm saved them - like it was brief about the matter of Avraham in Ur Kasdim, and did not mention the war of Esav with the Churi at all. And it mentioned it here because 'there was a terror from God that fell on the cities round about' and they did not all gather to 'pursue the sons of Yaakov,' and they were falling upon them like the sand that is on the shore of the sea, since they were so many. And this is the explanation of "a terror from God," as dread and fear fell upon them from the strength that they saw in war. And hence it states (Genesis 35:6), "And Yaakov came to Luz, which is Beit El, in the land of Canaan, he and all the people who were with him," to inform that not a [single] man was [taken] from them or from their servants in war.

And Shechem spoke unto his father Hamor, saying: ‘Get me this damsel to wife.’

And Hamor spoke with them, saying ‘The soul of my son Shechem longeth for your daughter. I pray you give her unto him to wife.

Ask me never so much dowry and gift, and I will give according as ye shall say unto me; but give me the damsel to wife.’