In Memory of our beloved David Schwartz, who fell in battle sanctifying God’s name, on 27 Tevet, 5784 (8 January 2024).
“Le’David Barchi Nafshi” is a compilation of essays written on the weekly Torah reading by David Schwartz, of blessed memory. First published on the occasion of his marriage to Meital, David’s unique Torah thoughts that delve into the depths of the Torah are shared now to elevate his memory and sanctify his soul.
Like the seeds of a pomegranate, the parsha this week is overflowing with mitzvot. Ki Tetze has more positive and negative commandments than any other parsha in the Torah.
Among the many commandments in the parsha are the laws of the beautiful captive, the inheritance rights of the firstborn, the prohibition on taking interest, the obligation to return a lost object, the obligation to send away a mother bird before taking her young, the responsibility to place a safety fence around one’s roof, the prohibition to mix different species of plants or animals (kilayim), the destruction of Amalek, and so forth.
Some of these commandments appear here in the Torah for the first time but others have appeared prior to this, maybe even two or three times previously. I will not focus on an explanation of their repetition or clarify the reason why these commandments are specifically placed here. However, it seems to me that there is a common denominator among these commandments, namely that the vast majority of the commandments in the parsha deal with interpersonal commandments (bein adam l’chaveiro).
We can say that the focus on establishing justice and kindness in interpersonal relationships is a common denominator among almost all of the mitzvot in Ki Tetze.
While it is true that the vast majority of the mitzvot of the parsha are certainly interpersonal commandments that are possible to understand through the help of human intelligence, there are exceptions. In contrast to commandments like the red heifer or separating meat and milk which have no clear explanation for why we must fulfill the mitzvah, the vast majority of commandments in our parsha, as for example the command to construct a fence around a roof, may be understood with our own simple logic as being beneficial to society.
The exception to this is the three commandments hiding in the parsha that do not fit into this category of commandments which are logical and beneficial for society. The three exceptions are:
-the mitzvah of sending away the mother bird,
-the prohibition on mixing species (kilayim), and
-the positive command to destroy Amalek.
It is stated in the midrash: “Just as God has mercy on man (a baby waits to be circumcised on day eight when he is at full strength), so does God have mercy on animals. From where is this derived? It is written, from the eighth day on (with regard to animal sacrifices - Lev. 22:27). Moreover it states, it and its offspring shall not be slaughtered in one day (Lev. 22:28). Just as God has mercy on animals, so he has mercy on birds. From where is this derived? “If a bird’s nest will happen before you.’” (Deut. 6:1)
The Rambam expands on this idea in the Laws of Slaughter (13:7), explaining that the Torah prohibited one from removing the offspring because of the love of God for the mother. He writes: “And she is not able to fly; because of the offspring that she hovers above them so that they should not be taken away. As it states (Deut 22:6) ‘And the mother is resting on the chicks.’” We are commanded not to take the mother with the offspring and this is a mitzvah that is between God and man (bein adam la’makom).
Similarly, we may understand that the prohibition on mixing animals pulling the plough is forbidden because it is cruel to animals, as every animal labors at a different rate and manner than its partner. The fulfillment of this mitzva causes us to have greater love in our hearts for fulfilling mitzvot.
At the end of our parsha, Rashi writes about the command to destroy Amalek. Rashi makes a comparison to a hot bath that scalds the first person who enters the water. “There is a parable about a hot bath that no one could enter to bathe. But a scoundrel comes along, and jumps into the water. Even though he gets burned, he cools off the water for others.” (So too, in a manner of speaking, Amalek by attacking Israel reduced the deterrent force of Israel’s strength.)
The Sefat Emet (R. Yehuda Aryeh Leib Alter) writes that “when the people of Israel left Egypt they were ready to bring along all the nations to God had it not been for wicked Amalek attacking them.” The war with Amalek was not with Israel alone, but was a rebellion against the kingdom of God in the world. One can see this from the verse in Exodus (17:16) - “the Lord will be at war against Amalek.” Amalek’s attack against the people of Israel is considered blasphemy. We are obligated to destroy Amalek’s remembrance, because they attacked the authority of God in the world.
We see that the three exceptions are commandments that connect man to his obligations before God. We are commanded to fulfill them solely because this is what God decreed, and not out of logic. We only do it because the Torah commanded us. Nevertheless they do not connect to the theme of the parsha which focuses on interpersonal commandments (bein adam l’chaveiro).
It seems to me that in reality there is something to be learned from the placement of these commandments specifically here. The Rambam writes in the Moreh Nevukhim that the goal of the commandments is “to instill noble values that lead to good relations among people, to bring about a proper perspective on life, and to distance oneself from sin.”
The commandments of sending away the mother bird and kilayim may be connected to the quality of mercy. These commandments have planted in man the feeling of compassion to others and instill in us a duty to act compassionately toward those around us.
It seems to me that these commandments help a person to fulfill the rest of the commandments in the parsha.
As an example, the prohibition on taking interest, and the mitzvah to return a lost object are commandments that instill in one a desire to interact in a positive way with his surroundings. When a person accustoms himself to performing these positive commandments, he then merits to perform other positive mitzvot from his internal will and not specifically because he was instructed to do so.
And as is written in the Sefer HaChinuch: “The heart is drawn after one’s actions.” This feeling lightens the obligation of the mitzvot by allowing one to understand the purpose of the mitzvah. This sentiment certainly causes man to fulfill the commandments with greater intentionality since he connects to their meaning regardless of the commandment in question.
A person must work on his character and consistency in keeping the mitzvot every day so that he may fulfill all the commandments with love. In the words of ancient sage Rabbi Shimon ben Elazar: “Greater is he who performs the mitzvot out of love than he who performs them out of fear, as the merit of the former lasts for one thousand years, while the merits of the one who acts out of love endure for two thousand generations.”
Yet, the Torah is also aware of difficulties that can arise from this attitude. The Midrash Tanhuma states, “Whoever is merciful to the cruel in the end will end up being cruel to the merciful.” The attribute of mercy can cause a person to act with compassion even at times when it is clear that this would be wrong. Therefore, the parsha closes with the mitzvah to destroy Amalek. The mitzvah to destroy Amalek is the opposite type of mitzvah from sending away the mother bird. Its purpose is to cause our hearts to understand that while there are many mitzvot that require us to act with the quality of mercy, there are times in our lives when we must act otherwise.
Thus, we see that these three commandments are not out of place in the parsha. They are a basis for understanding the appropriate way to fulfill each mitzvah, of whatever classification, and they instill in us the ability to perform the remaining commandments.