Torah Teaser – Parshat Ki Seitzei Questions & Answers – Sep 16 2116-5776

Even Moavi Women Can Be Shy The Torah forbids us to accept into Klal Yisrael Moavim (Ki Seitzei 23:4), because they didn’t greet us with bread and water when we left Mitzrayim. The Gemara (Yevamos 76b) says that Moavi women may be Migayer since it is not proper for women to leave their homes to greet passersby, even to greet the females of Klal Yisrael . This was the reason why Dovid who came from Rus was Kasher. Rav Moshe Feinstein says that this is mind boggling. In the episode of Bilam the Moavi women were more than eager to seduce the men of Bnei Yisrael. Where was their Tzniyus then? Rav Moshe answers that it is entirely possible that by nature they were indeed very modest. It was the persuasion of the Yetzer Hara that they could not resist in the call to fight Klal Yisrael. Hashem knew their real nature and therefore did not hold them accountable for not being hospitable to Klal Yisrael. Furthermore, he knew that if they chose to become part of Klal Yisrael this Middah would serve them well. Therefore Moavi women, unlike the men, are able to be Migayer and become model Jews.
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Ben Sorer U’Moreh, Is Stoning The Right Punishment? Ki Yihiyeh LaIsh Ben Sorer U’Moreh. Rashi says, “The Ben Sorer UMoreh is not liable unless he steals and consumes a tartamor of meat, and drinks half alug of wine; as it is said, “gluttonous and drunken,” and it is said, “Do not be among the wine guzzlers, among those who gluttonously consume meat for themselves.” The Ben Sorer UMoreh is executed in consideration of his ignoble end. The Torah penetrates to the logical conclusion of his thought— ultimately, he will squander his father’s fortune, attempt to continue his bad habits and station himself near an intersection and steal from and kill the travelers. The Torah declares, “Let him die in innocence rather than die in guilt.” If the Ben Sorer Umoreh is killed because of the act of murder that he will commit, why is his death penalty through stoning, if the Torah states that one who murders is put to death by Sayif – the sword? Daas Zekainim MiBaalei HaTosfos answers, “Since the pasuk states that the Ben Sorer Umoreh is ‘Einenu Shomei’a B’Kol Aviv U’BKol Imo; He does not listen to the voice of his parents’ – that is considered as if he was Mikallel Aviv V’Imo – he cursed his parents.” The Torah states that one who curses his parents is Chayiv Skilah – death by stoning.
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The Donkey Cries, “It’s Not Fair!” The pasuk says [Devorim 22:10] “Do not plow together with an ox and a donkey.” This is one of several forms of the prohibition of Kilayim – mixing of species. There is a form of this prohibition that relates to grains and seeds (Kilaei Zeraim). There is a form of this prohibition relating to garments (Kilaei Begadim or Shatnez). Finally, this pasuk prohibits the yoking together of different species of animals. The Daas Zekeinim MeBa’alay HaTosfos provide an interesting reason for this Issur. A donkey does not chew its cud. An ox, on the other hand, does chew its cud. The donkey and the ox would be walking along, yoked together, and the donkey would see the ox chewing and think that it was eating something. The donkey would become upset: “I missed my feeding. When did it happen?” He would become jealous of the ox, because he thought the ox was fed and he was not. In fact, of course, they both had the same feeding. But the ox chews its cud so it appears to be continuously eating, thus giving the donkey the misimpression that he has been cheated. According to the Daas Zekeinim, the Torah is trying to avoid this psychological pain that the donkey would experience. R’ Chaim Shmuelevitz Zt”l explains, we see from here that the Torah was worried about the feelings of an animal… all the more so for a human being! We see from here that the Torah was worried about the feelings of one who made a mistake (the donkey THOUGHT that the ox got more), all the more so for the feelings of one whom rightfully was wronged!
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When A Person Does Not Want To Be Buried “Ki Kavor Tikbirenu.” (Ki Seitzei 21:23). The Gemara in Sanhedrin (46b) tells us that from here we learn that burying a person is a Mitzva and serves as a Kappara for the person. Rashi explains that if a person says he does not want to be buried, then even if he is buried at the end, the burial in not Michaper. Yet we find the halacha by other mitzvos, like eating matza, that if we force a person to eat, he is yotzei the mitzva. Why is this person’s ultimate burial different and not michaper? The Mekach Tov answers in the name of the Divrei Chaim of Tzanz. The Rambam says that even though a divorce given by a man to his wife is only valid if the husband does it by free will, still sometimes Bais Din administers force to persuade him to give it. How then is the Get valid if force was used? The Rambam answers that every Jew wants to do what is right. His Neshama only wants to do the command of Hashem. It is his body and his animal instincts that get in the way. Force is used to remove the obstacle to his Yiddishe Neshama, which gives the Get willingly. The Divrei Chaim explains that this logic only works when a person is alive and his Neshama is with him. Once he is dead and his neshama has departed for loftier ground, forcing his body is just brute force. His body is being buried without his consent. His Neshama no longer is part of the decision making process and therefore his Kevura is meaningless.

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