Questions on Parshas Shoftim to think about and discuss:

1. What is the connection between the end of the previous parsha of Re’eh that talks about the festivals and the beginning of Parshas Shoftim that talks about appointing judges in each city?
2. The possuk (16:18) brings the need for judges in each city. We know that there are three types of Beis Din – of three people, twenty-three and seventy-one. Which of these is referred to here as being needed in each city?
3. Why is it so important to have judges and policemen in each city?
4. What is so bad about taking a bribe? What negative effect does it have on a person?
5. Rashi (16:22) brings the difference between a matzeva, of one stone, is forbidden while a mizbayach, an altar made from many stones is allowed. This is despite the fact that the matzeva was beloved to Hashem during the times of the Avos. It nevertheless became hated afterwards since the idol worshippers did the same. The question is why then is only the matzeva forbidden? The idol worshippers also used the mizbayach in which case it should also be forbidden?
6. If someone was found guilty of idol worship they were killed by the gateway of their house. Why not by the gateway of the Beis Din?
7. The possuk (17:6) talks about when at least two witnesses testify to the sin then the dead man is put to death. Why call him a dead man before he has been put to death?
8. (17:7) We are told that the hands of the witnesses must be the first to carry out stoning the sinner. Why?
9. The death of the Zoken Mamrei, rebellious elder, is delayed and only carried out by the next festival. (see 17:13 and Rashi). Why is his death pushed off to this time more than the death of other sinners who are killed immediately? Why wait and kill him by the place of the Sanhedrin in Yerushalayim?
10. Why didn’t the Kohanim and Leviyim get a portion in Eretz Yisroel and get to split the booty of war? (18:1) Does this prohibition apply forever?
11. What is the significance of the Kohanim being given only certain different parts of the animal – the foreleg, the jaw and the maw (18:3)?
12. We are told to rely on Hashem and not seek to find out the future (18:13) through the pagan ways. How then can we be permitted to know the future in the form of asking the Neviyim or the Urim Vitumim?
13. We are commanded to kill the seven nations. Is there any way they can remain alive?
14. From where do we learn the prohibition of Baal Tashchis? Is there any way to get around this problem?
15. The parsha that almost always appears at the beginning of the month of Elul is Parshas Shoftim. The Shlah (Parshas Vayeishev) says that the parsha of the week is also connected to the time of the year. How then is Parshas Shoftim connected to the month of Elul?
16. Which people had a valid excuse for not joining the Jewish Army and why?

Ideas for answers on the general parsha:

1. The Pesikta says that the parsha about judges continues to talk about the Zoken Mamrei, rebellious elder, whose death is postponed to the festivals to be a public warning. The Ibn Ezra says that even though this rebellious elder’s death is pushed off, however Parshas Shoftim teaches us that throughout the year other court cases should not wait for the festival but should take place to immediately. Tzror Hamor brings that by festivals people drink and are happy. There is the danger of getting carried away and therefore it is juxtaposed to the function of judges to show that they keep the people in check.
2. See Rabbeinu Bechai who seems to say that in Parshas Shoftim it is referring to the need of the Beis Din of twenty-three, known as the Sanhedri Ketana. They had the power to judge cases with death punishments.
3. The Mishna (Pirkei Avos, 3:2) says that if not for a judicial system people would swallow each other alive! Interestingly, in Parshas Shoftim, what is being addressed is not the need for judges due to the behaviour of the people. Rather it is addressing the behaviour of the judges!
4. A bribe makes its recipient connected to the giver, so that he cannot judge objectively. The Gemora Kesuvos 105b says that שוחד=שהוא חד, meaning that the hebrew word for bribe is a contraction of two words meanings that “he becomes one”. A person becomes so connected to the donor that just like a person does not see himself guilty so too he will no longer see the other as guilty. The Chida in Nachal Kedumim gives an allusion to this. The hebrew letters after the letters of שחד are תטה, meaning turning aside as this is the effect after accepting a bribe!
5. The Ramban answers that the mazteva was used everywhere while the mizbayach was only used in some places. Therefore only the matzeva was forbidden. Another answer is that the matzeva was situated at the entrance of the place of worship and was the focus of it. However, the mizbayach was just used afterwards as a means to bring up the sacrifices.
6. The Sforno answers that it is to show that the idol does not have power and cannot save it’s worshipper. R’ Shimshon Refoel Hirsch says that it is to show how the locals oppose this act and how this person is being removed from their midst and any connection to them.
7. Perhaps it is like the Gemora Brochos 18b that the reshoyim even whilst still alive are called dead. This means in a spiritual sense. So too here. When the witnesses see this sin being performed, at that moment the sinner is called a rosha and therefore is spiritually dead. Perhaps this is what the possuk means when it calls him dead even before his physical death.
8. The Rambam in his commentary to Mishnayos Sanhedrin brings that since our knowledge of the sin is only through these witnesses therefore it is only right that they who saw the sin start carrying out the punishment. The Mincha Belula brings that by getting the witnesses to kill the sinner is a double insurance that they are saying the truth. Lying is one level of evil but killing an innocent man is a further level that most people would feel repulsed at the mere thought of doing it. Perhaps another idea is that the witnesses who saw the actual sin are now negatively effected at being desensitised to this sin. Therefore, they need to be the ones to instigate the death of sinner thereby strengthening their sensitivity to this sin by seeing how it results in death.
9. Perhaps the idea is that this sinner is unique in some ways. We are not scared that the average person will do this sin since the criteria for it is to be a wise elder. However, such a person must be influential in imparting his false views to others. Therefore, to show that his views are incorrect and stop them being continued by others, his death is done publically by the festival. It is done by the place of Sanhedrin in Yerushalayim, the place that is the source for the correct Torah views.
10. The Chinuch explains that they were not given a portion so that they could totally devote themselves to serve Hashem without other distractions. Booty was not shared since it would be incorrect for those who serve Hashem to have benefit from things that were extorted and taken unwillingly from others. Tosfas (Bava Basra 122a) brings that in the future they will get a part in all this. The Rambam (Shemita Viyovel 13:10-12) brings that this prohibition only applies to countries which the Avos did a covenant with. However, from all other lands they can get a portion and divide the booty.
11. Rashi brings that these parallel three things Pinchos did. The Rambam (Moreh 3:39) that these three are the beginning of different parts of the body: the jaw is the start of the body; the maw is the start of the stomach and the foreleg is the start of the extension of the main body. The Ibn Ezra says that these are the most tastiest cuts of meat. The Ralbag learns that these allude to different things the Leviyim do to assist their fellow Jews.
13. There is an argument among the Rishonim if the usual war protocol of first offering peace to the enemy can be applied even to the seven nations.
14. It is from the end of the parsha; when besieging a city Hashem commands us not to cut down fruit trees. However, there are exceptions. If the tree is worth more than the fruit or if the tree does not produce a certain minimum amount of fruit then even a fruit tree can be cut down. (Tosfas Brochos 36b)
15. The month of Elul is when people start preparing for their Din on Rosh Hashana, which is seen as the function of the shoftim – the judges! Thus it is a reminder and introduction of what is coming and is the focus of the month of Elul.

Questions on the Jewish King:

1. Is asking for a Jewish king something good or bad?
2. Can a king forgo the honour accorded to him?
3. If it is mitzva to have a Jewish King (17:15), why then did Moshe and the other leaders after him wait so long to put it into practice? Why did it wait until the times of Shmuel?
4. A king must not have too many horses as this will involve going to Mitzrayim and this is forbidden. (17:16) How then can we find that Jews, including the famous Rambam, lived in Mitzrayim?
5. What are the reasons why the king must not have too many horses?
6. Why should a king not have too much gold and silver (17:17)?
7. The pesukim bring that the king must not have too much of three things: horses, wives and gold and silver. Why do the pesukim mention the reason for them only by the first two but omits a reason why he should not have too much gold and silver?
8. The Jewish King had to be constantly accompanied with the Mishna Torah, a small Sefer Torah. What is this and what is the idea behind this?

Ideas for answers on the Jewish King:

1. Being a positive commandment means that it is good. Why then does Shmuel get angry when the Jews ask him for a Jewish King? It is because they asked for it in order to be like the other nations and for this to be the main reason is something bad. It shows that the Jews went to enter the realm of teva, nature, like the goyim as opposed to remaining under the special hashgocha, Divine Providence, of Hashem. (see the Malbim to Shmuel I, 8:6)
2. The Gemora Kiddushin 32b learns that only a king cannot forgo the honour due to him (learnt out from the possuk in Parshas Shoftim, 17:15). Why? Perhaps since this honour is to represent the honour we must give to Hashem, the Kings of Kings. Therefore to show that the honour of Hashem must not be lacking this is extended to be also seen in the physical king.
4. The Ritvo (Yuma 38) answers that the prohibition of living in Mitzrayim is only when the Jews are living in charge (led by a King) in Eretz Yisroel. Rabbeinu Bechai answers that this prohibition was only for the time when Mitzrayim was known to be so low spiritually with such negative influences but this has long since ceased. Alternatively, the prohibition is only to go from Eretz Yisroel to Mitzrayim but not to go there from other countries.
5. The possuk says the reason of not causing people to go to Mitzrayim. A king should also not place his trust in security or trace his success due to his horses and army but rather be limited and known all success comes from Hashem. Also, he should not get haughty having them.
6. Targum Yonason says in order that he should not place his security and success due to his wealth. The Ibn Ezra says that it is to prevent his high demands taking the form of heavy taxes on the people.
8. Rashi brings that it is a whole second sefer Torah, “mishna” meaning second, besides for the Sefer Torah he had at home. The Reshash (Sanhedrin 22) brings that it was only a short version of the mitzvos. Tosfas on the Torah says all it had written in it was the Aseres Hadibrois that contains 613 letters paralleling the 613 mitzvos. The idea is to remind the Jewish King that even though he is so powerful and in charge of the Jewish Nation, nevertheless he is also a servant. The Mishna Torah reminds him of Hashem as King of the Kings. It therefore accompanied him wherever he went in order to act as a constant reminder in all situations. The greater the person the more he needs to be submissive as his high position makes him prone to haughtiness. This is seen in the Gemora Brochos 34b where according to one opinion a regular person must bow down in the four places that we do in Shemona Esra. However, the Kohen Godol bows down at the beginning and end of each brocho. The king bows down the whole Shemona Esra! Rashi (ibid) explains that the greater the person the more they need to makes themselves submissive and lowly.

Questions on the Orei Miklot:

1. What size cities were the Orei Miklot, cities of refugee for the accidental murder?
2. How did they make it easy for the accidental murderer to get to the Orei Miklot?
3. Why is the example of accidentally killing a person the cutting of wood in the forest?
4. Rashi (19:9) brings that in the future the Jews will get the lands of another three nations and this will result in the making of another three Orei Miklot. In the future, people will no longer sin. Why then will another three orei miklot be necessary as then people should not kill each other even by mistake?
5. We are told not to have any mercy on an intentional murderer and put him to death (19:13). Why should you have mercy for him? Why is he different to any other sinner where we do not find that the pesukim need to tell us not to have mercy?

Ideas for answers on the Orei Miklot:

1. The Orei Miklot were middle sized. It was not too large as otherwise it would draw huge crowds to the city amongst them the Goel Hadom who might get carried away and kill the accidental murderer taking refugee there. It was also not too small as it needed to provide jobs to give a livelihood for the accidental murderers. (Rashi to the Gemora Makos 10)
2. The Rambam (Rotzayach, 8:5) brings that they put up road signs for the way to the Orei Miklot. They made a clear pathway without obstacles, including smoothing out holes and mounts. Although a public road is 16 amos wide, this road was double this width, being 32 amos wide.
4. Maskil Lidovid answers that this is only for the converts in the future who will not be elevated to this high level of not sinning but remain like we are nowadays. The Shlah asks further that in the future the Yetzer hora will be taken away. Why then should there be any murder? In the future there will not be any limitation of boundaries to Eretz Yisroel as the Moshiach will rule over the whole world. Why then only the orei miklot in these places? He answers that this is a slow process when evil will no longer be and murders will stop. Therefore, there will still be a time and place for having more orei miklots. The Meshech Chochma answers that we know that there are two times for redemptions, known as בעתה או באחישנה. Either at the last possible time or earlier if we merit Moshiach. If we merit Moshiach early then the world will still continue as it is with the potential for accidental murderers until the last possible time for redemption when all this will stop. Therefore, there is a time period when this could be applicable.
5. Perhaps because accidental murder was quite common, therefore an additional warning of not being lax and having mercy is required. The Ramban says that since this sin is so terrible it needs to emphasis that there are no grounds for mercy. The Tzror Hamor answers that the murdered person’s neshama does not got straight up to heaven until his murderer is also killed. Therefore the possuk tells us not to have mercy on the murderer as then it is being cruel to the dead man whose soul will remain pained and in limbo for longer until the murderer dies. Perhaps another idea is that if have mercy on this murderer and don’t kill him then it could be likely that he will murder again someone else. Therefore, being merciful for him means it could be cruel to others.