Parshat Devarim 5786: Why Does Moshe Connect the Judges to His Rebuke of the Nation?

Shalom Friends;

This week, our Parshat HaShavua, Devarim is being sponsored by Jack and Chana Kaminker of Ramat Beit Shemesh Lilui Nishmas Jack’s father Aryeh Shlomo Leib ben Elyakim, for the health and wellbeing of their children and family and dedicated for the safety of the Chayalim, as well as for the good health and security of kol Am Yisrael. To the Kaminker family, many thanks for your sponsorship and for your continued kindnesses. To the Kaminker family, many thanks for your sponsorship and for your continued kindnesses.

You can celebrate a Simcha — a birth, a Bar/Bat Mitzvah, a Chassuna or other Simcha event in your life, or commemorate a Yahrtzeit of a loved one, or for whatever other reason by sponsoring a Parshat HaShavua.

Please forward to your relatives and friends and encourage them to sponsor a Parshat HaShavua. And please be in contact with me with any questions, or for further details.

Best Regards,

Moshe Burt
olehchadash@yahoo.com

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Parshat Devarim 5786: Why Does Moshe Connect the Judges to His Rebuke of the Nation?

by Moshe Burt

We begin this vort on Parshat Devarim with the opening excerpt from Rabbi Shmuel Goldin’s Sefer, “Unlocking the Torah Text,” (page 1) :

On the first day of the eleventh month of the fortieth year after Yetziyot Mitzrayim, as the B’nei Yisrael stand poised to enter the land of Canaan, Moshe opens his farewell address. Prohibited by Divine decree from entering the land of Canaan, Moshe Rabbeinu will spend the last five weeks of his life delivering a series of wide-ranging messages to his people. These messages comprise the text of Sefer Devarim.

Sefer Devarim opens with Torah relating:

“These are the words that Moshe spoke to all Israel, across the Jordan, in the wilderness, in the plain, opposite [the Sea of] Reeds, between Paran and Tophel and Lavan, and Chatzarot and Di-Zahav;” [Sefer Devarim, Perek 1, posuk 1 Rendered to English in The Sapirstein Edition, “The Torah with Rashi Commentary”]

Rabbi Dovid Feinstein provides a commentary on Sefer Devarim’s opening posuk in his Sefer, “Kol Dodi” (pages 255 – 256) :

Rashi comments that these were words of rebuke, and the places which Moshe mentioned refer to occasions where the Jews angered Hashem. “Paran” refers to the spies who were sent from the Wilderness of Paran [Rabbi Feinstein referring to Sefer Bamidbar, Perek 13, posuk 3] and “Tophel and Lavan” refers to the Jews’ complaints about the manna. [Rabbi Feinstein referring to Sefer Bamidbar, Perek 21, posuk 5]

Two questions present themselves… The word “between” [in Sefer Devarim’s opening posuk] suggests that there is a connection between these two incidents. Yet the mission of the spies occurred near the beginning of the forty-year trek through the Wilderness, while the complaint of the manna was at the end. What connection is there between these two events that occurred thirty-eight years apart?

Why, in alluding to the manna, does the Torah focus on its white color?

In both incidents, the nation did wrong by complaining about gifts that Hashem gave them. In the case of the spies, it was the Land of Israel, which they were about to inherit, and later it was the manna, which they called “the light bread.” [Rabbi Feinstein citing Rashi]

The nation had the same basic complaint in both cases: They were tired of living under Hashem’s constant observation.

We [can] see that the relationship between the incident of the spies and the the complaints about the manna [are rooted within] the peoples’ complaint that Hashem was watching them too closely.

In the midst of Moshe’s dramatic rebuke of the nation as they are about to enter Eretz Yisrael under the leadership of Yehoshua bin Nun, Torah notes that Moshe diverts from the subject of his address to the B’nei Yisrael to discuss the appointment of judges:

“Provide for yourselves distinguished men, who are wise and well known to your tribes [Sh’vatim], and I will appoint them as your heads…. So I took the heads of your tribes, distinguished men, who were wise and well known, and I appointed them as heads over you, leaders of hundreds, leaders of fifties, and leaders of tens, and officers of your tribes. I instructed your judges at that time, saying, ‘Listen among your brethren and judge righteously between a man and his brother or his litigant. You shall not show favoritism in judgement, small and great alike shall you hear; you shall not tremble before any man, for the judgement is Hashem’s; any matter that is too difficult for you, you shall bring to me and I shall hear it.’ I commanded you at that time all of the things that you shall do.” [Sefer Devarim, Perek 1, posukim 13, 15 – 18 rendered to English in the Artscroll Stone Edition Chumash]

Rabbi Hershel Reichman discusses what he calls Moshe’s “puzzling detour” during his initial speech to Am Yisrael (pages 645 – 646, 654 – 655) :

The placement of Moshe’s statement is difficult to understand. In the chronology of events as recorded in Sefer Shemos and Sefer Bamidbar, we don’t see the issue of the judges relating to the miraglim [the spies, or the manna] in any way.

In Parshat Yithro, Yitro saw Moshe judging hords of people… [and] told him, “You will not be able to handle this strain long term… You need to set up a system of courts to handle the many claims instead of you.” According to the mefarshim, this occurred either right before or right after the giving of the Torah on Har Sinai in the month of Sivan. The episode of the miraglim occurred in the month of Av in the following year. Why did Moshe insert the issue of the courts into this discussion of the miraglim [, etc.]?

This is why Moshe took a detour and mentioned the judges during… [his rebuke, primarily regarding] the miraglim. The miraglim were victims of their own sleeping yeitzer. This is the seemingly harmless yeitzer, which comes in quietly and then devours us [as we have seen so many times as the Jews felt the allure of Rome, or so many times in Chutz L’Aretz in our history, or contemporarily in “western countries” and the United States. MB] They did not realize that they themselves were creating the disaster. They were afraid because they didn’t think that Kol Yisrael had enough physical strength to defeat the enemies in the Land of Israel. But they themselves created that fear.

The miraglim didn’t understand that Am Yisrael’s victory is not based on the power of their arms, but rather on the power of the Jews’ spirit. They didn’t understand that with the faith that the B’nei Yisrael had in Hashem and in Moshe, they would be able to defeat the seven nations. That would give them the spiritual and physical energy to emerge victorious. The Sages say that had B’nei Yisrael had enough faith not to listen to the miraglim, the seven nations would have simply… run away. The B’nei Yisrael wouldn’t have even needed to fight. The spiritual victory would have cleared the battlefield of all physical enemies.

The miraglim didn’t understand this, …because they were not committed enough to the truth. They were frightened by what they saw in Eretz Yisrael and didn’t have the strength of mind to realize the truth…, that physical might was not needed in this case.

This explains Moshe’s seemingly unrelated comment about the judges, [interrupting the initial remarks of his farewell address. MB] Moshe means, “I gave you judges, but they failed.” During the period between Sinai and the miraglim, the judges failed, since they produced the spies who were not committed enough to the truth. Moshe then encourages the second generation, “Be committed to din, mishpat and emet. You will see our enemies will flee on their own. You won’t even have to fight them, You will be successful in conquering the land of Cana’an and all of the enemies, even the secretive enemy, the seventh and most difficult enemy.”

In our contemporary times, this author repeatedly sees a more obvious connection, than even that addressed by Moshe, between the lack of faith and spirituality among certain factions of Am Yisrael, politicians, military high command echelons, many governing leaders and governance, and a judiciary, appointed by agendized legal committies which are unrepresentative of Am Yisrael and are totally lacking in any semblance of Torah rooting [Noun: the act or process of firmly fixing or establishing something, or the state of being firmly fixed or established], spirituality and faith in Hashem.

Sure, we have a long way to go to be on a level of our ancestors in Bamidbar, about to enter Eretz Yisrael who, with immense emunah in Hashem and Moshe, could have conquered Eretz Yisrael with minimal effort or casualties. But, recall, 59 years ago, The Six-Day War, in the Sinai desert, where the Egyptian Army fled en masse, soo scared that they ditched their boots, weapons and ran for their very lives. And the Arabs in the Old City of Jerusalem, with white sheets in windows indicating surrender.

Hashem is with us when we will act decisively to bring about definitive, total, complete victory in our war with Hamas and Islamic Jihad in Gaza, with Hezbollah in Lebanon, against the Islamic Caliphate Regime of Iran and all who seek war against us. But our leaders and military high command are too focused on political agendas, and physical weaponry, technical aspects — the physical aspects of battle and lack an equal measure or greater of Torah and emunah in Hashem to bring us complete victory.

May it be that our leadership — governing, judicial and IDF high command echelons, as well as kol Am Yisrael come to achieve a faithfulness, consistency and unity — both collectively as One, and individually in our avodah — both V’Ahavtah L’Arecha Kamocha, and in our Service of Hashem, B’Ezrat Hashem

May our government and military bring about the total and complete, Final and Decisive victory over Hamas, their 7 October so-called “civilians(sic)” collaborators, Iran and the entire terror cabal, B’Yad Hashem, and become Totally self-sufficient as to manufacture of military equipment and aircraft, weaponry, munitions — heavy munitions, as well as showing independence of actions responding to any threat, regardless of so-called “super powers.”

May we see, from here on, that border guard personnel at all points of possible danger are listened to and treated with respect and dignity. May we see, with Operation Roaring Lions — the joint action by our Chayalim and the United States against the Mullahs of what has been the Islamic Caliphate dictatorship controlling Iran, that Islam and its barbarous terrorist tentacles of Hamas, Islamic Jihad, Hezbollah, as well as Qatar, Turkey, the Houthies of Yemen, Pakistan, Iraq, Afganistan, possibly Egypt, and all who seek war against the Jews be totally eradicated, both in Israel’s neighborhood, as well as internationally, B’Ezrat Hashem. May we see a government of Israel secure in it’s foremost service of, and emunah in HaKadosh Borchu, B’Ezrat Hashem! And may we see the restoration of true unity within Am Yisrael. May these words come to fruition B’Ezrat Hashem.

May we, the B’nei Yisrael be zocha that our brethren — the refugee families from Gush Katif be permanently re-settled in Gush Katif, once the IDF, by the Yad Hashem, destructs and eradicates the wild beasts of Hamas, Islamic Jihad, Hezbollah, all other terror entities, and if necessary Iran, and that our brethren be made totally whole — be totally restituted for all that was stolen from them, that the thrice expelled families of Amona be restored to their rebuilt homes and the oft-destroyed Yeshiva buildings in Homesh be rebuilt, as well as the buildings of Yishuv Elchanan, all at total government expense. May our Chayalim return from battle unharmed — physically, mentally and spiritually. Baruch Hashem that our dear brother Jonathan Pollard is now in his sixth year at home in Eretz Yisrael and continues in a new chapter in his life. May Esther Yocheved bat Yechiel Avraham have an aliyah in Shemayim and may her spirit and memory continue to lift Jonathan to at least 120 years. May the MIAs be liberated alive and returned to us in ways befitting Al Kiddush Hashem — as with the return in April, 2019, via Russia, of the remains of Zachariah Baumel, the recent recovery of the remains of Tzvi Feldman as well as the recoveries of the remains of Oron Shaul and Hadar Goldin from the Gaza War of ten years ago. May we have the courage and strength to stand up and physically prevent the possibility of Chas V’Challila any future eviction of Jews from their homes and prevent Chas V’Challila the handing of Jewish land over to anyone, let alone to enemies sworn to Israel’s and Judaism’s destruction and eradication. May we fulfill Hashem’s blueprint of B’nei Yisrael as a Unique people — an Am Segula, not to be reckoned with as with “the nations” and may we be zocha to see the Moshiach, the Ge’ula Shlaima, as Dov Shurin sings; “Ki Karov Yom Hashem Al’Kol HaGoyim”, the Ultimate Redemption, bimhayrah b’yamainu — speedily, in our time”, — Achshav, Chik Chuk, Miyad, Etmol!!!

Good Shabbos!
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Moshe Burt, an Oleh, is a commentator on news and events in Israel and Founder and Director of The Sefer Torah Recycling Network. He lives in Ramat Beit Shemesh.

Moshe is available for editing of English language documents, articles, manuscripts and more. Please be in contact with him at olehchadash@yahoo.com for your English language needs.
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