Addict Torah: Ki Tetzei 2022/5782

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(י) כִּֽי־תֵצֵ֥א לַמִּלְחָמָ֖ה עַל־אֹיְבֶ֑יךָ וּנְתָנ֞וֹ יְהֹוָ֧ה אֱלֹהֶ֛יךָ בְּיָדֶ֖ךָ וְשָׁבִ֥יתָ שִׁבְיֽוֹ׃ (יא) וְרָאִ֙יתָ֙ בַּשִּׁבְיָ֔ה אֵ֖שֶׁת יְפַת־תֹּ֑אַר וְחָשַׁקְתָּ֣ בָ֔הּ וְלָקַחְתָּ֥ לְךָ֖ לְאִשָּֽׁה׃ (יב) וַהֲבֵאתָ֖הּ אֶל־תּ֣וֹךְ בֵּיתֶ֑ךָ וְגִלְּחָה֙ אֶת־רֹאשָׁ֔הּ וְעָשְׂתָ֖ה אֶת־צִפׇּרְנֶֽיהָ׃ (יג) וְהֵסִ֩ירָה֩ אֶת־שִׂמְלַ֨ת שִׁבְיָ֜הּ מֵעָלֶ֗יהָ וְיָֽשְׁבָה֙ בְּבֵיתֶ֔ךָ וּבָ֥כְתָ֛ה אֶת־אָבִ֥יהָ וְאֶת־אִמָּ֖הּ יֶ֣רַח יָמִ֑ים וְאַ֨חַר כֵּ֜ן תָּב֤וֹא אֵלֶ֙יהָ֙ וּבְעַלְתָּ֔הּ וְהָיְתָ֥ה לְךָ֖ לְאִשָּֽׁה׃ (יד) וְהָיָ֞ה אִם־לֹ֧א חָפַ֣צְתָּ בָּ֗הּ וְשִׁלַּחְתָּהּ֙ לְנַפְשָׁ֔הּ וּמָכֹ֥ר לֹא־תִמְכְּרֶ֖נָּה בַּכָּ֑סֶף לֹא־תִתְעַמֵּ֣ר בָּ֔הּ תַּ֖חַת אֲשֶׁ֥ר עִנִּיתָֽהּ׃ {ס}

(10) When you [an Israelite warrior] take the field against your enemies, and your God יהוה delivers them into your power and you take some of them captive, (11) and you see among the captives a beautiful woman and you desire her and would take her [into your household] as your wife, (12) you shall bring her into your household, and she shall trim her hair, pare her nails, (13) and discard her captive’s garb. She shall spend a month’s time in your household lamenting her father and mother; after that you may come to her and thus become her husband, and she shall be your wife. (14) Then, should you no longer want her, you must release her outright. You must not sell her for money: since you had your will of her, you must not enslave her.

Rabbi Alan Lew, z'l, This is Real and You Are Completely Unprepared, p. 85, 87, 88, 89, 90, 91-92, 92

Oddly enough, Parshat Ki Tetze, which we read during the third week of Elul, also derives a lesson in the kind of mindfulness we are trying to cultivate [in Elul]...The Torah is not really concerned with the specific case of the woman captured in the battle. I think it has a larger principle in mind in all this. It seems to be suggesting a method for dealing with the tyranny of passion and desire in our lives in general. The raging lust of the victorious solder is merely one instance, one example, of that desire for which we humans throw away our lives, the living death we bring upon ourselves...It shows itself in the impulse that might seduce us into a ruinous midlife affair, or that might cause us to sacrifice our families for ambition, or to give up our heart's work for pursuit of material excess, or to give up our integrity for fame and fortune, or God for the pursuit of pleasure...The Torah never permits too much distance between the values it proposes and the way people actually behave, because it recognizes that to do so would break the connection between our lives and Torah, between our lives and the will of God...[Moreover], this business of desire is the basis of creativity, our productivity. Our desire for the apple in the Garden of Eden got us kicked out of Eden, but it also propelled us into history, and if we try to squelch it, or bury it, we might stop being productive. History might grind to a halt. Since we can't and probably shouldn't repress our desires, and since it is so often a calamity when we follow them, what should we do?...First of all, we watch our desires arise. The soldier at the beginning of Parshat Ki Tetze has to live with his desire, to watch it as it evolves without acting on it, for a full month. And the second thing we can learn from him is that once we have our desires firmly in view, we can strip them of their exotic dress...see them for what they really are....So this is something else we can do during the month of Elul. We can devote a bit of time each day to locating our own particular [desires], to identifying whatever desire has distorted our lives, the beautiful delusion for which we've thrown everything away, or for which we stand ready to do so, in any case. And when we've located it, all we have to do is look at it. We don't have to kill it, and we certainly don't have to act on it, either. We can just let it arise in the fullness of its being, unromantically stripped down to the naked impulse that it is, without hair, nails, or dress, just the bare impulse itself. We can watch this impulse as it arises for the entire month of Elul, and if after a month it still seems to be something that we want, something that continues to arouse strong feeling in us, then we've learned something useful about ourselves. But if this desire stripped of its romantic trappings simply fades away, then we've learned something even more useful. We've learned there is more to heaven and earth than those things on the surface of the world that provoke desire in our hearts. We've learned that if we always act on our desires, on those unmitigated impulses that constantly rise up in our hearts and our minds, then we are doomed to a living death...Better to just watch our impulses arise and wait for truth, wait for something deeper. Better to be strong and brave of heart than to surrender our lives to the empty stuff of desire.

אֲמַרוּ: הוֹאִיל וְעֵת רָצוֹן הוּא, נִבְעֵי רַחֲמֵי אַיִּצְרָא דַעֲבֵירָה. בְּעוֹ רַחֲמֵי וְאִמְּסַר בִּידַיְיהוּ. אֲמַר לְהוּ: חֲזוֹ, דְּאִי קָטְלִיתוּ לֵיהּ לְהָהוּא, כָּלֵי עָלְמָא. חַבְשׁוּהוּ תְּלָתָא יוֹמֵי, וּבָעוּ בֵּיעֲתָא בַּת יוֹמָא בְּכׇל אֶרֶץ יִשְׂרָאֵל וְלָא אִשְׁתְּכַח. אָמְרִי: הֵיכִי נַעֲבֵיד? נִקְטְלֵיהּ — כָּלֵי עָלְמָא, נִיבְעֵי רַחֲמֵי אַפַּלְגָא — פַּלְגָא בִּרְקִיעָא לָא יָהֲבִי. כַּחְלִינְהוּ לְעֵינֵיהּ וְשַׁבְקוּהוּ, וְאַהְנִי דְּלָא מִיגָּרֵי בֵּיהּ לְאִינִישׁ בְּקָרִיבְתֵּהּ.
When they saw that the evil inclination for idol worship was delivered into their hands as they requested, the Sages said: Since it is an auspicious time, let us pray also concerning the evil inclination for sin in the area of sexual relationships. They prayed, and it was also delivered into their hands. Zechariah the prophet said to them: See and understand that if you kill this evil inclination the world will be destroyed because as a result there will also no longer be any desire to procreate. They followed his warning, and instead of killing the evil inclination they imprisoned it for three days. At that time, people searched for a fresh egg throughout all of Eretz Yisrael and could not find one. Since the inclination to reproduce was quashed, the chickens stopped laying eggs. They said: What should we do? If we kill it, the world will be destroyed. If we pray for half, i.e., that only half its power be annulled, nothing will be achieved because Heaven does not grant half gifts, only whole gifts. What did they do? They gouged out its eyes, effectively limiting its power, and set it free. And this was effective to the extent that a person is no longer aroused to commit incest with his close relatives.

Jeffrey Tigay, The JPS Torah Commentary, p. 194

Because they died in the war (Ibn Ezra) or because she will never see them again (Rambam). In either case, the law recognizes her grief and requires respect for it: "It is not decent for you to take pleasure in her while she is weeping" (Bekhor Shor; Hazzekuni (translation not available))

Richard Eliot Friedman, Commentary on the Torah, p. 629

What pervades the elements of the law is the extraordinary sensitivity to the humanity of a captive woman. Common to one of the most common practices of war, the Israelite soldier is not permitted to rape her. He may take her as a wife. But even then he must give her time to mourn the loss of her family. And if he takes her as a wife and then rejects her, he must let her go completely free. The text uses the same text as the law of divorce (Deut 24:1). And the text recognizes that he has degraded her, so he cannot treat her like a slave to be sold, he cannot receive money for her from anyone else.

(יא) וַיָּשִׂ֤ימוּ עָלָיו֙ שָׂרֵ֣י מִסִּ֔ים לְמַ֥עַן עַנֹּת֖וֹ בְּסִבְלֹתָ֑ם וַיִּ֜בֶן עָרֵ֤י מִסְכְּנוֹת֙ לְפַרְעֹ֔ה אֶת־פִּתֹ֖ם וְאֶת־רַעַמְסֵֽס׃ (יב) וְכַאֲשֶׁר֙ יְעַנּ֣וּ אֹת֔וֹ כֵּ֥ן יִרְבֶּ֖ה וְכֵ֣ן יִפְרֹ֑ץ וַיָּקֻ֕צוּ מִפְּנֵ֖י בְּנֵ֥י יִשְׂרָאֵֽל׃

(11) So they set taskmasters over them to oppress them with forced labor; and they built garrison cities for Pharaoh: Pithom and Raamses. (12) But the more they were oppressed, the more they increased and spread out, so that the [Egyptians] came to dread the Israelites.

(א) וְאַחַ֗ר בָּ֚אוּ מֹשֶׁ֣ה וְאַהֲרֹ֔ן וַיֹּאמְר֖וּ אֶל־פַּרְעֹ֑ה כֹּֽה־אָמַ֤ר יְהֹוָה֙ אֱלֹהֵ֣י יִשְׂרָאֵ֔ל שַׁלַּח֙ אֶת־עַמִּ֔י וְיָחֹ֥גּוּ לִ֖י בַּמִּדְבָּֽר׃

(1) Afterward Moses and Aaron went and said to Pharaoh, “Thus says יהוה, the God of Israel: Let My people go that they may celebrate a festival for Me in the wilderness.”

Rambam on Deuteronomy, 21:12

V’ASETHAH’ HER NAILS. ...And the reason for this section [i.e. of all these regulations] is that she is converted against her will, and no one asks her whether she is willing to abandon her religion and become Jewish as is [customarily] done with proselytes. Instead, the [future] husband tells her that she must observe the law of Israel against her will and abandon her gods. This is the reason for the verse, and she shall bewail her father and her mother a full month, because she abandons her people and her gods. ... In general, then, she is mourning because she is leaving her religion and joining another people. ... In my opinion this respite is not primarily intended to show compassion for her, but to eliminate the names of idols from her mouth and her heart. The wandering away and separation from her father and her mother and her people will further “quench the coal,” for it is improper to cohabit with a woman who is coerced and in mourning. ... this captive woman who cries out in her heart to her gods to save her and bring her back unto her people and unto her gods. Thus when they inform her that we will force her to give up her people and her native land, and convert to Judaism, we must tell her, “Be comforted for thy father and thy mother, and the land of thy nativity whom ye shall not see any more, forever, (see Exodus 14:13) but, instead, be your master’s wife, in accordance with the law of Moses and Jewish custom.” Then we are to give her a time for weeping and mourning as is the way of mourners in order to assuage her sorrow and her longing, for in all sorrow there is profit and consolation afterwards...

(יב) הֲלֹא־זֶ֣ה הַדָּבָ֗ר אֲשֶׁר֩ דִּבַּ֨רְנוּ אֵלֶ֤יךָ בְמִצְרַ֙יִם֙ לֵאמֹ֔ר חֲדַ֥ל מִמֶּ֖נּוּ וְנַֽעַבְדָ֣ה אֶת־מִצְרָ֑יִם כִּ֣י ט֥וֹב לָ֙נוּ֙ עֲבֹ֣ד אֶת־מִצְרַ֔יִם מִמֻּתֵ֖נוּ בַּמִּדְבָּֽר׃ (יג) וַיֹּ֨אמֶר מֹשֶׁ֣ה אֶל־הָעָם֮ אַל־תִּירָ֒אוּ֒ הִֽתְיַצְּב֗וּ וּרְאוּ֙ אֶת־יְשׁוּעַ֣ת יְהֹוָ֔ה אֲשֶׁר־יַעֲשֶׂ֥ה לָכֶ֖ם הַיּ֑וֹם כִּ֗י אֲשֶׁ֨ר רְאִיתֶ֤ם אֶת־מִצְרַ֙יִם֙ הַיּ֔וֹם לֹ֥א תֹסִ֛פוּ לִרְאֹתָ֥ם ע֖וֹד עַד־עוֹלָֽם׃

(12) Is this not the very thing we told you in Egypt, saying, ‘Let us be, and we will serve the Egyptians, for it is better for us to serve the Egyptians than to die in the wilderness’?” (13) But Moses said to the people, “Have no fear! Stand by, and witness the deliverance which יהוה will work for you today; for the Egyptians whom you see today you will never see again.

(יח) כִּֽי־יִהְיֶ֣ה לְאִ֗ישׁ בֵּ֚ן סוֹרֵ֣ר וּמוֹרֶ֔ה אֵינֶ֣נּוּ שֹׁמֵ֔עַ בְּק֥וֹל אָבִ֖יו וּבְק֣וֹל אִמּ֑וֹ וְיִסְּר֣וּ אֹת֔וֹ וְלֹ֥א יִשְׁמַ֖ע אֲלֵיהֶֽם׃ (יט) וְתָ֥פְשׂוּ ב֖וֹ אָבִ֣יו וְאִמּ֑וֹ וְהוֹצִ֧יאוּ אֹת֛וֹ אֶל־זִקְנֵ֥י עִיר֖וֹ וְאֶל־שַׁ֥עַר מְקֹמֽוֹ׃ (כ) וְאָמְר֞וּ אֶל־זִקְנֵ֣י עִיר֗וֹ בְּנֵ֤נוּ זֶה֙ סוֹרֵ֣ר וּמֹרֶ֔ה אֵינֶ֥נּוּ שֹׁמֵ֖עַ בְּקֹלֵ֑נוּ זוֹלֵ֖ל וְסֹבֵֽא׃ (כא) וּ֠רְגָמֻ֠הוּ כׇּל־אַנְשֵׁ֨י עִיר֤וֹ בָֽאֲבָנִים֙ וָמֵ֔ת וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּ֑ךָ וְכׇל־יִשְׂרָאֵ֖ל יִשְׁמְע֥וּ וְיִרָֽאוּ׃ {ס}
(18) If a householder has a wayward and defiant son, who does not heed his father or mother and does not obey them even after they discipline him, (19) his father and mother shall take hold of him and bring him out to the elders of his town at the public place of his community. (20) They shall say to the elders of his town, “This son of ours is disloyal and defiant; he does not heed us. He is a glutton and a drunkard.” (21) Thereupon his town’s council shall stone him to death. Thus you will sweep out evil from your midst: all Israel will hear and be afraid.
כמאן אזלא הא דתניא בן סורר ומורה לא היה ולא עתיד להיות ולמה נכתב דרוש וקבל שכר כמאן כרבי יהודה איבעית אימא ר' שמעון היא דתניא אמר רבי שמעון וכי מפני שאכל זה תרטימר בשר ושתה חצי לוג יין האיטלקי אביו ואמו מוציאין אותו לסקלו אלא לא היה ולא עתיד להיות ולמה נכתב דרוש וקבל שכר אמר ר' יונתן אני ראיתיו וישבתי על קברו
The Gemara asks: In accordance with whose opinion is that which is taught in a baraita: There has never been a stubborn and rebellious son and there will never be one in the future, as it is impossible to fulfill all the requirements that must be met in order to apply this halakha. And why, then, was the passage relating to a stubborn and rebellious son written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning, this being an aspect of the Torah that has only theoretical value. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Yehuda, who requires that the parents have certain identical characteristics, making it virtually impossible to apply the halakha. If you wish, say instead that this baraita is in accordance with the opinion of Rabbi Shimon. As it is taught in a baraita that Rabbi Shimon says: And is it simply due to the fact that the boy ate a tarteimar of meat and drank a half-log of Italian wine that his father and his mother shall take him out to stone him? Rather, there has never been a stubborn and rebellious son and there will never be one in the future. And why, then, was the passage relating to a stubborn and rebellious son written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning. Rabbi Yonatan says: This is not so, as I saw one. I was once in a place where a stubborn and rebellious son was condemned to death, and I even sat on his grave after he was executed.

Rabbi Benay Lappe, Rosh Yeshiva, Svara, Hot off the Schtender, August 28, 2020

(https://svara.org/hot-off-the-shtender-i-saw-him-and-i-stood-on-his-grave-expanding-our-traditions-justice-map/)

...As we move our way through the month of Elul, and continue toward Rosh Hashanah and Yom Kippur, during this season of reflection, spiritual introspection, and stocktaking, let us look at our own stories—both personal and societal. What stories have we been telling ourselves which are no longer serving us? What stories are actually causing us harm? What old stories am I still telling myself—about myself, about my father, about my mother, about my child, about straight folk, about queer folk, about White folk, about Black folk, about those whom I haven’t even considered to even be in my story—that may be holding all of us in a place of suffering? What new story do I want to be a part of? Whose story do I want to be a part of? And what do I need to do to make that happen? Teshuva is not about rewriting your history. It’s about acknowledging some of the most painful parts of our relationships, honoring and remembering the pain and the violence, and then saying “yes, this happened and it caused death,” and expanding the story so that it has the space to hold not only our painful past, but a more liberatory future, for all of us. May we all be empowered to reinterpret our tradition’s stories through the wide-angle lens of our pain, our loss, our insights, and our svara. Because traditions do teshuva, too. Traditions learn. We are not only its students, but its teachers. And, like Rabbi Yonatan, we can find our place in a new, more liberatory story.

(א) לֹֽא־תִרְאֶה֩ אֶת־שׁ֨וֹר אָחִ֜יךָ א֤וֹ אֶת־שֵׂיוֹ֙ נִדָּחִ֔ים וְהִתְעַלַּמְתָּ֖ מֵהֶ֑ם הָשֵׁ֥ב תְּשִׁיבֵ֖ם לְאָחִֽיךָ׃ (ב) וְאִם־לֹ֨א קָר֥וֹב אָחִ֛יךָ אֵלֶ֖יךָ וְלֹ֣א יְדַעְתּ֑וֹ וַאֲסַפְתּוֹ֙ אֶל־תּ֣וֹךְ בֵּיתֶ֔ךָ וְהָיָ֣ה עִמְּךָ֗ עַ֣ד דְּרֹ֤שׁ אָחִ֙יךָ֙ אֹת֔וֹ וַהֲשֵׁבֹת֖וֹ לֽוֹ׃ (ג) וְכֵ֧ן תַּעֲשֶׂ֣ה לַחֲמֹר֗וֹ וְכֵ֣ן תַּעֲשֶׂה֮ לְשִׂמְלָתוֹ֒ וְכֵ֣ן תַּעֲשֶׂ֗ה לְכׇל־אֲבֵדַ֥ת אָחִ֛יךָ אֲשֶׁר־תֹּאבַ֥ד מִמֶּ֖נּוּ וּמְצָאתָ֑הּ לֹ֥א תוּכַ֖ל לְהִתְעַלֵּֽם׃ {ס}

(1) If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer. (2) If your fellow Israelite does not live near you or you do not know who [the owner] is, you shall bring it home and it shall remain with you until your peer claims it; then you shall give it back. (3) You shall do the same with that person’s ass; you shall do the same with that person’s garment; and so too shall you do with anything that your fellow Israelite loses and you find: you must not remain indifferent.

וְרַבִּי חֲנִינָא בֶּן דּוֹסָא מֵהֵיכָן הֲווֹ לֵיהּ עִזִּים? וְהָא עָנִי הֲוֵי! וְעוֹד, אָמְרוּ חֲכָמִים: אֵין מְגַדְּלִין בְּהֵמָה דַּקָּה בְּאֶרֶץ יִשְׂרָאֵל? אָמַר רַב פִּנְחָס: מַעֲשֶׂה וְעָבַר אָדָם אֶחָד עַל פֶּתַח בֵּיתוֹ וְהִנִּיחַ שָׁם תַּרְנְגוֹלִין, וּמְצָאָתַן אִשְׁתּוֹ שֶׁל רַבִּי חֲנִינָא בֶּן דּוֹסָא, וְאָמַר לָהּ: אַל תֹּאכְלִי מִבֵּיצֵיהֶן. וְהִרְבּוּ בֵּיצִים וְתַרְנְגוֹלִין וְהָיוּ מְצַעֲרִין אוֹתָם, וּמְכָרָן וְקָנָה בִּדְמֵיהֶן עִזִּים. פַּעַם אַחַת עָבַר אוֹתוֹ אָדָם שֶׁאָבְדוּ מִמֶּנּוּ הַתַּרְנְגוֹלִין וְאָמַר לַחֲבֵירוֹ: בְּכָאן הִנַּחְתִּי הַתַּרְנְגוֹלִין שֶׁלִּי. שָׁמַע רַבִּי חֲנִינָא, אָמַר לוֹ: יֵשׁ לְךָ בָּהֶן סִימָן? אָמַר לוֹ: הֵן. נָתַן לוֹ סִימָן וְנָטַל אֶת הָעִיזִּין.

The Gemara asks a question about one of the details of this story. And Rabbi Ḥanina ben Dosa, from where did he have goats? Wasn’t he poor, as stated above? And furthermore, the Sages have said: One may not raise small, domesticated animals in Eretz Yisrael, as they destroy the fields and property of others. How, then, could Rabbi Ḥanina ben Dosa raise goats? Rav Pineḥas said that this is how it came to pass: An incident occurred in which a certain man passed by the entrance of Rabbi Ḥanina’s house and left chickens there. And Rabbi Ḥanina ben Dosa’s wife found them and cared for them. And Rabbi Ḥanina said her: Do not eat of their eggs, as they are not ours. And the chickens laid many eggs, and chickens hatched from the eggs. And as the noise and mess of the chickens were distressing them, they sold them and bought goats with their proceeds. Once that same man who lost the chickens passed by and said to his companion: Here is where I left my chickens. Rabbi Ḥanina heard this and said to him: Do you have a sign by which to identify them? He said to him: Yes. He gave him the sign and took the goats.

Devarim Rabbah 3:5, translated by Nechama Leibowitz, in Studies in Deuteronomy, p. 214

It is related of R. Pinhas b. Yair that when he was living in a city of the south some men came there to seek a livelihood. They had with them two measures of barley which they deposited with him, and they forgot about it and went away. R. Pinhas b. Yair sowed the barley year by year and harvested it and stored it. After the lapse of seven years these men returned to that place to claim back their grain. As soon as R. Pinhas b. Yair recognized them, he said to them: Come take these your granaries (full of grain).

Jeffrey Tigay, The JPS Torah Commentary p. 199:

The law means, therefore, that one must house the stray animal as if it were one's own.