Questions on Parshas Ki Seitsei to think about and discuss:

1. The Torah already was talking about the Jewish army and going out to battle in the previous Parsha of Shoftim. It is interrupted with the parsha of Egla Arufa and then in Parshas Ki Seitsei it again starts talking about after the battle. Why then does this start a new parsha and is not grouped together with the other details about the battle in Parshas Shoftim?
2. The Torah says that a firstborn gets double inheritance. How can people nowadays go against this commandment and give inheritance equally to all children?
3. What important halacha do we learn from the parsha regarding how to deal with Jewish burial?
4. Why is it wrong for a man to remove white hairs?
5. When else in the year do we read from Parshas Ki Seitsei?
6. Which two of the six remembrances said after davening appear in Parshas Ki Seitsei?
7. How many Mesechtas in Shas can you think of that are mainly based on the pesukim in Parshas Ki Seitsei?
8. How many mitzvos appear in Parshas Ki Seitsei?
9. Which word appears many times in the parsha as a difference between קרי וכתיב and why?
10. Which mitzva in Parshas Ki Seitsei do you get without doing anything?
11. What mitzva to you get a reward for by not even intentionally giving?

Ideas for answers on the general parsha:

2. The Torah’s command is only after death. People draw up wills and give the inheritance as a present whilst still alive and by death they no longer have it.
3. To not delay burial but to do the utmost to bury the dead on the same day (unless a delay is in order to honour the deceased).
4. It is beautifying himself like a woman which comes under the issur of lo silbush gever simlas ishah.
5. The end of this parsha is read for maftir on Parshas Zochor, the Shabbos before Purim.
6. The remembrance of the results of the loshon hora said by Miriam (24:9) and remembering about the attack by Amolek (at the end of the parsha).
7. The Mesechtas of Gitin, Yevomas, Makos…
8. There are 74 mitzvos in Parshas Ki Seitsei of which 60 are relevant to us nowadays. Can you think of any?…
9. It is the word נערה that is written missing the letter Hei but read with the letter Hei. The difference is that it is read as נער in the masculine form. Why? …
10. It is the mitzva of Shikcha (24:19), by forgetting to give alone the mitzva has been fulfilled!
11. Rashi (24:19) brings that if a person drops money and a poor person finds it and is supported by it then you still get reward for it.

Questions on the Yefas Toyar:

1. Rashi (21:11) brings that the Torah knows that a person cannot withstand the yefas toyar and therefore permits it. Why is this a reason to allow it? Either it is permitted or it is forbidden? Why change things based on people?
2. Rashi (20:8) brought the opinion that only tzadikim, free of sin, went out to battle. How then can such people come onto doing such acts that are associated with the lowliest people?
3. The Torah lists a whole procedure in Parshas Ki Seitsei that the yefes toyar goes through until he can marry her. Why do this whole process? Why not simply let him perform the act, and then leave her behind? Why do something that could let a non-Jewish women go on to marry him forever?
4. Do you know any children in Jewish History born from such a union with a yefas toyar?
5. When does the act with the yefas toyar permitted?
6. Why cut off her hair?
7. What does she do to her nails?
8. Why did the women dress up seductively?
9. What is the significance of the procedure taking the time period of one month?
10. What is the connection between the Yefas Toyar being followed on with the parsha discussing inheritance with the firstborn son from two wives?

Ideas for answers on the Yefas Toyar:

1. Perhaps we see an important insight into the Torah. The Torah comes to better a person and defeat his yetzer hora, evil inclination, in order to carry out the will of Hashem. The Torah is not a dictatorship coming to crush us but comes to assist and help people deal appropriately with their yetzer hora in the right way within certain guidelines.
2. The Gemora Sukka 52a brings that the greater the person the greater is his evil inclination. Usually he does not place himself in a position where the temptations are there, since he adds extra stringencies to guard himself. However, now he finds himself in a position that he cannot control and this explains why he his open to temptations.
4. Tomor and Avsholom…
5. There are different opinions found in the Gemora Kiddushin 22a. Rashi according to Tosfas says that this act is forbidden during battle and is only permitted after the whole procedure mentioned in Parshas Ki Seitsei. Rabbeinu Tam and the Rambam that the initial act is permitted in battle and anything further only after the procedure. The Ramban brings that the first act is not battlefield but only when he brings her home before the whole procedure. All else is only after the process.
6. Rashi (21:12) brings that it is to make her look ugly in the eyes of the soldier. The Ramban brings that it is for her benefit, to mourn being cut off from her family and religion. The Chizkuni brings that it is like is done to the Metzora and this is what is done when changing over from the mundane and entering a spiritual people. The Tzror Hamor brings that they used to have such a hair style that tangled the hair and since she needed to go through a tevila process therefore the hair was cut off.
7. The Gemora Yevomas 48a brings two opinions. Either she cuts them off or she grew them long. The Pesikta Zutrosa brings that she did both. Inititally she grew them long and then at the end of the month cut them off.
8. The Vilna Gaon brings that it was to entice and distract the enemy. The Netziv brings that it was in order for them to encourage their own soldiers to be strong and fight better.
10. Rashi (21:1) brings that this is the consequences of marrying a yefas tohar will result in her being the hated wife. However, the Tzror Hamor brings the opposite. The nature of a person who marries a second wife is to live her more than the first wife. This means that the yefas toyar is the loved one.

Questions on the Ben Sorer Umore:

1. What is this rebellious son described with two descriptions of סורר ומורה?
2. The punishment for this rebellious son is stoning. Why such a strict form of death? For stealing and killing the punishment is only beheading. Why then is this son given worse than this?
3. Usually when describing killing the sinner we find that the witnesses are the first ones to carry it out and then the rest of the people. Why here (21:21) does it omit the witnesses as the first ones to stone this rebellious son?
4. The Gemora Sanhedrin 71a brings that this rebellious son never happened and never will happen. Why then is it mentioned at all in the Torah if it is not relevant?
5. Rashi (21:18) brings that this rebellious son should die while still innocent as opposed to be allowed to be left alive and then die as a sinner. This means that we do judgement now for the future. Why is this different to Yishmoel when he was ill and the Malochim complained that letting him live would in the future mean his descendants would kill the Jews. Hashem refused saying that he would only be judged for the present situation and not the future. Why are they judged differently?

Ideas for answers on the Ben Sorer Umore:

1. These refer to his rebelliousness and refusing listening to his father (Rashi, 21:18).  The Sforno learns that his rebelliousness removes any hope of him turning back and repenting. The Ibn Ezra says that there are two phrases for his rebelling against the positive and the negative mitzvos. The Vilna Gaon learns that he rebels against the two parts of Torah – the Written and Oral Law.
2. The Maharsha (Sanhedrin) because of this question says that we must be talking about a case where he does several different sins that come with the punishment of stoning and beheading. He then gets the severest punishment of stoning.
4. The Gemora says that we are meant to learn it and get reward for doing so. It is coming to teach us a lesson like the Akeida. It is showing us how much a person must love Hashem that he is willing to kill his own son in preference to serving Hashem. (Rabbeinu Bichai)
5. The Gur Aryeh answers that there is a difference in who is judging the case. By Yishmoel the discussion took place Above in the Beis Din Shel Maale. There things are judged based on the present state of the person. However, in Parshas Ki Seitsei by the rebellious son the judgement is taking place in the Beis Din in this world and then they judge a person based on the projected result of the future.

Questions on the hanging and burial process:

1. How did the hanging process look like and when was it done?
2. Why the need for hanging after he has already been killed?
3. What practical halacho do we learn from the hanging process?
4. Is burying the deceased quickly for his benefit or for his living relatives?
5. When in Jewish History do we find that Jews were left to hang much longer than this time period?

Ideas for answers on the hanging and burial process:

1. The judgement was delayed until close to sunset to minimise the time corpse would be hanging. After killing him, a tree was stuck into the ground with a branch coming out of it. He was then hung by his two hands being tied together around the branch (and not by his neck). (see Gemora Sanhedrin 42b)
2. The Chinuch (535) brings that the idea of raising high up someone killed by Beis Din is to serve as a deterrent to other potential sinners.
3. We learn from here the mitzva of not to leave overnight a dead person without burial unless the delay is done for his honour. (See Shulchan Oruch Y.D. 357)
4. There is any interesting Zohar (Emor 88b) that says that it his for the deceased’s benefit. This is because his Neshama might need to go through another gilgul and this is not possible until he is buried.
5. The Gemora Yevomas (79) brings that some of the sons of King Shaul were given over to the Gevoinim to avenge how they were treated. They chose to hang these sons and they were left hanging up from Nissan until Tishrei. How could the Jews allow them to do this if the Torah forbids it? The Ramban answers that this is because they were not hang by Jews.

Questions on Kelayim:

1. How many different types of Kelayim are there and which are described in Parshas Ki Seitsei?
2. By Kelai Hakerem Rashi (22:9) brings this is forbidden to take wheat, barley and chartzon, seeds of grapes together. Why by all other kelayim the prohibition is done by mixing two things while here it is only done with three species?
3. Usually the prohibition of kelayim is not to do it but if done it is not forbidden from having benefit. However, we find that by Kelai Hakerem there is the stringency of being forbidden by benefit and needs burning. Why?
4. When does all the kelayim need destroying and when only part of it?

Ideas for answers on Kelayim:

1. There are several forms of mixing two different things together, known as Kelayim. They are described in Mishnayos Kelayim. There is Kelai Zeroyim that is split into different types: tevua that is from the five types of grain (wheat, barley, spelt, rye and oats); Kitniyous that is all the other human food from the ground and Zeronei that is growth of non human food. Then there is Kelai Hakerem, mixing species in the vineyard. There is Kelai Beheima that is cross breeding animals as well as working with different animals, like ploughing. Then there is Kelai Begodim, making a garment from wool and linen. In Parshas Ki Seitsei (22:9-11) it brings three of these.
2. The Chinuch (548) brings that since the kerem is so important had only another type of seed been added then it would have been annulled. Therefore it requires an addition of two other types to “overpower” the kerem and effect the prohibition of kelayim.
3. The Chinuch says that wine causes people to sin and therefore is only permitted with limitation in certain circumstances. However, if the start of the wine production in the vineyard comes already with the prohibition of kelai hakerem then this makes the danger of wine all the greater and therefore needs to be destroyed.
4. If it is planted as kelayim then the whole lot needs destroying. However, if one specie grew by itself and afterwards another specie was joined to it, then only the additions need destroying.

Questions on the people not allowed to marry into the Jewish Nation:

1. What are the general different types of people not allowed to marry into the Jewish Nation?
2. Body defects – what should a person do? Why should this forbid him to marrying in to the Jewish Nation?
3. Why are those with body defects (23:2) not allowed to enter the Kehal?
4. Why does it mention (23:3) by the mamzer that even the tenth generation is not allowed to join and not simply say he cannot enter forever (like it says by Amoni and Moavi – 23:4)?
5. Why is a mamzer forbidden to join?
6. Why by the nations of Amon and Moav (23:4) are only the men and not the women forbidden?
7. The older of the two is Moav and then Amon. Why then is the order here reversed placing Amon before Moav?
8. How can we marry nowadays converts when there is the possibility that they come from one of these forbidden categories that are not allowed to join the Jewish Nation?
9. The third generation of Mitzri and Edoimi are permitted (23:9). Why the number three is permitted?

Ideas of answers on the people not allowed to marry into the Jewish Nation:

1. The different people can be split into three categories. Those that have something wrong with their body; those who are possul because of their birth and those that have a problem with their yichus, ancestry.
2. The Rambam explains the body defects mentioned in the possuk (23:2) are when a person self inflicts them. However, if they come about naturally or for medical reasons then they are not included in this prohibition.
3. The Raavid says so that the Jewish wife does not do adultery since her husband cannot fulfil his marital obligations and increase mamzerim. The Chinuch (559) brings that it is to stop people from willingly castrating themselves as this is what people who wanted to work for the king had to do. (Therefore these ministers were called סרסים מלשון סרס meaning castrated.)
5. The Rambam (Moreh 3:49) brings the reason that it is to send a message to the parents of the mamzer that such an act will invalidate their children forever. The Chinuch brings another reason. Such a forbidden union produces an evil nature in the child and therefore the mamzer is forbidden to join the Jewish Nation.
6. Since the mother of these nations, the daughters of Loit, did their act for the right reasons, therefore the women are permitted. However, the father, Loit, since his intentions were not righteous therefore the men are forbidden. (Tzror Hamor)
7. Perhaps the idea (see answer 6) is that there are levels in doing a forbidden act. Of the two women, the mother of Moav publicised the act with his name (“from my father”) and therefore is the less righteous of the two. Therefore, when saying about עמוני ולא עמונית מואבי ולא מואבית, the women being the exception, it puts Amon first since her intention made her more excluded from the prohibition.
8. The Ramban (Hil. Issurei Beya 12:5) brings that since the time that Sancherev mixed together and exiled all the nations, we have a rule that when we have a doubt about where the person comes from, כל דפריש מרובא פריש, we credit them with coming from the majority. Jews are allowed to marry the majority of the nations once they have converted and therefore they can nowadays marry anyone.

Questions on Malkes, lashes:

It says in Parshas Ki Seitsei (25:3) that for transgressing lavim, negative mitzvos, the punishment is 39 lashes.

1. This punishment is for negative commandments. Why then is it brought here in the context of two people arguing?
2. The possuk says that forty lashes should be given and chazal say it means thirty-nine. Why then does it not say this number clearly in the possuk?
3. What is the purpose of giving malkes?
4. What is the significance of the number thirty-nine?

Ideas for answers on Malkes, lashes:

2. Targum Yonason brings that it says forty since the person giving the lashes lifts up his hands forty times to strike – this is the forty referred to in the possuk. However, in practice he only brings his hands down to strike thirty-nine times. The Gur Aryeh says that the punishment of forty reflects the forty days taken for the creation of the foetus. …