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By Rabbi Shimmy Sternfield
א־תִזְבַּח֩ לַיהֹוָ֨ה אֱלֹהֶ֜יךָ שׁ֣וֹר וָשֶׂ֗ה אֲשֶׁ֨ר יִהְיֶ֥ה בוֹ֙ מ֔וּם כֹּ֖ל דָּבָ֣ר רָ֑ע כִּ֧י תוֹעֲבַ֛ת יְהֹוָ֥ה אֱלֹהֶ֖יךָ הֽוּא (יז,א)׃
“Do not slaughter to Hashem, your G-d, an ox or sheep that has a blemish, any bad thing.”
This week’s פָּרָשָׁה opens with several prohibitions that apply to judges: “Do not pervert judgement,” “Do not respect someone’s presence,” (which means that everyone must be treated equally,) and, “Do not accept a bribe.” Immediately following these three prohibitions, the Torah states, “You shall not plant an אשֲרֵָׁה (a tree worshipped as עבֲודָֹה זרָָה ) near the מִזבְחֵּ ,” “Do not set up a pillar (for offering sacrifices), which Hashem hates,” and “Do not slaughter to Hashem an ox or sheep that has a blemish.” The מדְִרשָׁ says, that the throne of שלמה המלך had six steps. As he ascended each step (to judge the nation), someone would announce one of these six פְּסוּקִים . This practice of שלמה המלך indicates, that these six prohibitions all have some connection to בֵּית דִין and its judges. While the first three פְּסוּקִים are clearly addressing judges, the connection between the next three is not so apparent. What do planting an אשֲרֵָׁה , setting up a pillar for sacrifices, and bringing a blemished animal as a sacrifice have to do with בֵּית דִין ? Reb Shaul Katznelenbogen (Av Beis Din of Vilna in the early 19th century) explains this מדְִרשָׁ based on the following statements of the רמְַב”ַּם : “One who appoints a judge who is unfit for the position may be likened to one who erects a pillar, about which it is written, ‘Do not erect a pillar which Hashem hates.’ If there are Torah scholars in that town, the appointment of an unworthy judge beside them is akin to planting an אשֲרֵָׁה – representative of the unworthy judge- near the מִזבְחֵּ .” These analogies, which are based on the גמְרָָא in סנַהְדְֶריִן , reveal a clear connection between the prohibitions against planting an אשֲרֵָׁה or erecting a pillar and בֵּית דִין , namely regarding the appointment of proper judges. Accordingly, these פְּסוּקִים were announced to emphasize the importance of a judge being worthy of the position he is occupying. As for the prohibition against offering an animal with a blemish as a ק רְָבןָּ , the רמְַב”ַּם continues: “If בֵּית דִין , or another leader of the people, erred and appointed an unworthy candidate as a judge, the appointment is invalid. (Therefore, he may not wear the garb worn by judges, and the people are not required to give him the honor usually accorded to members of בֵּית דִין .) Just as a blemished animal receives no קְדוּשָׁה when its owner tries to designate it as a ק רְָבןָּ , an unworthy judge does not receive the elevated status of בֵּית דִין when he is inappropriately nominated.” This comparison has no source in either Talmud. Apparently, concludes Reb Shaul, the רמְַב”ַּם understood from this custom of שלמה המלך that there must be a comparison between usin a blemished animal as a ק רְָבןָּ and appointing an unworthy judge, just as appointing this judge is compared to erecting a pillar and planting an אשֲרֵָׁה . It is because of this comparison, that this פָּסוּק was announced together with the others .
וְהֻֽגַּד־לְךָ֖ וְשָׁמָ֑עְתָּ וְדָרַשְׁתָּ֣ הֵיטֵ֔ב וְהִנֵּ֤ה אֱמֶת֙ נָכ֣וֹן הַדָּבָ֔ר נֶעֶשְׂתָ֛ה הַתּוֹעֵבָ֥ה הַזֹּ֖את בְּיִשְׂרָאֵֽל “ ׃”
“You shall investigate well, and it is true. The testimony is correct-this abomination was done in Yisrael.” The Torah states, that if בֵּית דִין hears of someone who has served עבֲודָֹה זרָָה , they should investigate the case. Should the facts be confirmed, the sinner is stoned by the hands of the witnesses and, if necessary, the entire people. Reb Chaim Leib Mishkovsky (19th century) notes, that there seems to be an unnecessary phrase in the פָּסוּק . Once the Torah says, “The testimony is correct,” what is there to add by repeating, “The abomination was done in Yisrael”? Reb Chaim Leib answers, that the Torah is teaching us an important fact about sinning. The e ects of an עבֲיֵרָה are not limited to the sinner. The עבֲיֵרָה lowers the status of the entire nation, and, if “the testimony is correct,” then the sin is “done in all of כְלּלַ ישְִרׂאָלֵ .” For this reason, the hand of the entire people must carry out the punishment. Only in this way can כְלּלַ ישְִרָׂאלֵ be restored to their previous status.
