Ramban on the Torah | 59 | Ki Tetze, by Rav Eli Weber
What is the point of the mitzvah to build a railing? Why are there special mitzvot for war? What's the problem with prostitution?
KMTT - the Torah Podcast
Ramban on the Torah | 59 | Ki Tetze
(upbeat music) Welcome back to another week of Rambanalah Parshah. This week, it's a great school to read. Parshah Kitesay. And just to point out the obvious, which is we're like at ground zero of the Khukim Ummishpatim speech that compromises almost all of Safer Dvarim. And so naturally, you know, there are many, many, many mitzvot. (speaking in foreign language) And I thought I would just start with a Rambanal. It's very, very short Ramban, but it's a comment that the Ramban makes many, many times. I don't think we've seen it yet. And it raises issues with it. So the Torah says (speaking in foreign language) we're in Parakavat, Parshah Kitesay. (speaking in foreign language) All right, you'll make a guardrail if you build an house for the roof or for a porch from which people can fall off. (speaking in foreign language) And don't put blood in your house. Don't be responsible for somebody's death when the guy falls off your porch. Okay, and the Ramban right here says (speaking in foreign language) And this is a theme of the Ramban and Safer Dvarim. Even though I don't think we've seen it yet. (speaking in foreign language) Oh, Mivoharit, what does the Ramban mean? So he says (speaking in foreign language) is the Ramban often points out in Dvarim that this is a mitzvah that's new. I mean, we think of Mishneh Torah Dvarim as being a repeat of the Torah. So the Ramban feels the need to tell us, wait, is this a mitzvah that's come up before or not? So the Ramban says with respect to the mitzvah of (speaking in foreign language) it doesn't exist in the Torah beforehand. This is a new mitzvah. So okay, we don't have to look for a hittish in it. We just have to learn it. But then strangely, the Ramban says (speaking in foreign language) or it also could be seen as a mitzvah that's been mentioned before (speaking in foreign language) 'cause the Pasuk says beforehand (speaking in foreign language) And so it could be that the mitzvah of (speaking in foreign language) is not the specific requirement of building a guardrail around the mere pest at around the porch that you have. But it's a requirement to make your home safe, to make sure that there are no places in your home where somebody could hurt themselves and ultimately on some level, you would be responsible. Now, this is the Ramban specifically on this Pasuk, but the Ramban is hinting at what I believe is the (speaking in foreign language) are shown in between at least the smock and the Ramban and a much bigger idea, right? The idea is there are two mitzvahs in this Pasuk, there's an assay of (speaking in foreign language) And there's a lota assay of the lota symptom (speaking in foreign language) So the makhlokis in Rishonim is, are those exactly the same? As often you have them, right? It's nothing in between. There's the assay and there's a lota assay, they're flip sides of each other. So the Ramban would say the mitzvah of (speaking in foreign language) Ramban does say is not specifically building a guardrail, but the mitzvah is, okay, if you have an exposed wire in your house, if you have an outlet that a kid could put his finger in and God forbid he'd get electrocuted, you have a mitzvah assay to fix that. If you have a swimming pool, you have a mitzvah assay to put a fence around it 'cause somebody could fall in and drown, right? So that's the Ramban, the smock thinks otherwise, the smock thinks that the mitzvah of makh have for whatever reason is the mitzvah, right? Building a fence around a porch from which somebody could fall off is the mitzvah assay, the mitzvah assay of the mitzvah assay is the mitzvah, which is that you're supposed to make sure that your house is safe. So if you have a ladder, that's rickety, and somebody could fall off, or the ladder could collapse. So you'd have to fix the ladder, you'd have to throw it out 'cause it's a danger to people. So it's kind of a question of how you look at it. There's a separate philosophic issue here, which I think is fascinating, which I don't think the Ramban addresses, but certainly the safe rachino does and others, which is, wait, I thought that everything that happens in the world happens because God wants it to happen. So if somebody falls off my roof, isn't it the case that God killed that person and not me? And the chino says, no, it's all sort of think that way, and it's also to lead your life that way. It's true, but we can't be the instrument through which God, you know, punishes a person. Let somebody else be the instrument. I'm not gonna be a mitzvah, yes. (speaking in foreign language) Let somebody else enslave the Jews. I'm not gonna enslave the Jews. I'm a good person, I'm a moral person. So says the chino, you do not wanna be the instrument through which God's justice is performed in the world. You wanna live a life in which you're careful for yourself, you're careful for your family, you're careful for your guests. And that's what the Torah's saying when it says, (speaking in foreign language) Okay, the last thing is it also represents just interesting to note, it's not a mitzvah, (speaking in foreign language) it's what we would call a mitzvah, a mitzvah key you meet, right? Which is, I am under no obligation to buy a house in which there's a mere pesset, and which I can build a makhe. I'm not, it's not like to fill in, it's not like like show forth, it's not like sitzis, it's not like, what's sitzis is a bad example, sorry. It's not like matzah, it's not like sucka, it's not something I have to do. If the circumstances are such, then I can be makhe in this mitzvah, right? I have a house that has a mere pesset that's high up and you could fall off and it would be dangerous. But it came with a gate around it, it came with a makhe, I didn't take the makhe down so I could be yelled to say the mitzvah afterwards. I was Zocha, in Tinek as an inside, we built the deck on a slope, and so it required a makhe. And I kept my kids from from school, and we didn't build it ourselves, the telling guys built it. But we, you know, we may put some screws in, whatever, and we made a brocha, a whole different conversation, but all related to the mitzvah makhe. Okay, now, let's look at a series of mitzvos, 'cause essentially, that's what the power series is. There's a mitzvos that I think revolve around, issues of chuva. We're in Chodesh Elul. They're not specifically chuva, but they're chuva related, and I'll show you what I mean. The first one is in Parachof Gimmel, Pasuk Yud. Says the Torah, (speaking in foreign language) It's a strange Pasuk, right? When you go to war, (speaking in foreign language) You have to be careful from all bad things, so in what way is the Torah expanding on, or, you know, clarifying some previous mitzvah? So says the Ramban. Well, first it says, (speaking in foreign language) So first, the Ramban quotes Rashi, (speaking in foreign language) Rashi says, well, when you go in war, that's a dangerous time. And the satan might try to get you to sin at that time, so the Torah specifically says with respect to war, right? (speaking in foreign language) You should be extra careful from sinning, from doing anything wrong. And Rashi, of course, then leads to the discussion in the Ramban. And the Ramban says as follows. (speaking in foreign language) (speaking in foreign language) The Torah's warning us, it's not just, for Rashi, it's like, well, if I'm going to war, I'm going to be nervous. And if I'm nervous from Akarosh Borkal, that, you know, my life is at risk, I should be from her. I should be more careful. And that's Rashi's approach. But the Ramban has a broader approach. He says, (speaking in foreign language) He says, when you're in a military camp, everybody is immoral. Everybody's doing sins. (speaking in foreign language) He says that everybody knows it in any military camp. They do all kinds of avaros, because, on some level, I was never in a war, but I understand from others, there's some animalistic part of the process. Even the Torah recognizes, right? The idea that you could eat, you know, coslekhaziri when you go to war, right? If you can't get kosher food, you could eat non-coacher food. It relates to this. And he says, when your soldiers in the army (speaking in foreign language) (speaking in foreign language) Right? Soldiers steal things, and they afflict people, and they do bad things. (speaking in foreign language) Right? They even rape, I suppose. (speaking in foreign language) And all bad things. So he says, it's not just that you're at a dangerous time in your life, because you're at risk. You're at an immoral time in your life, right? All kind of, you know, certainly in other words, conquering armies, like rape is part of what they do to the civilians to scare them. It's almost not even for the Yeats Ahara. (speaking in foreign language) Even if you're an exceptionally moral person, by nature, (speaking in foreign language) You're going to become less moral. You're going to become a hateful person. You're gonna express all bad me-dose when you got a war. (speaking in foreign language) It says the Raman, if I could put words in his mouth. You know, the Torah applies in all times, in all areas, the halakhs of the Torah apply. Yes, it's true. There are myths, that's all your spares, but broadly speaking, it applies in all areas. But the Torah goes out of his way to warn you at particularly dangerous times. Not dangerous, like Rashi says, that I might be heard dangerous, like the Ramban says, where I'm not moral. I'm less of a human being than I used to be. But okay, so therefore, the shiddosh here is, of course, when Yishmar Tambi Kaldabarah, it's a devar mivuarad. The Torah's warned us before. There's nothing that's going on in this puzzle that's a shiddosh. But it says the Raman, the shiddosh of the possuk, if there is one, is that there are times in your life that you need to be extra special careful. And going to war is such a time, because war by its nature makes people immoral, even though the Torah requires us, and I think certainly in Sahal, you know, people are moral. And people, you know, don't do things, but it reminds us of the early part of the parash, which we talked about last year, right? The idea of H. S. Yifas Talar. So the Torah says, in low Yati Rana, Yisah Anabe Isar. It's almost like the Torah was forced to be moderate. Why? Is that how the Torah works? No, but in war, when people have instincts that overcome them, when people have this sense of not being subject to morality, they can't restrain themselves. Now, as I said with respect to the midst of Mecca, God forbid, it's not a mitzvah dol, right? Technically, it is, it's counted in the Tyric mitzvahs. But it's one of these mitzvahs that presumably, like Gerashen, you know, like Avdul, like Evit Kannani, like Evit every, you don't really wanna be Meccaim. When my sons went to the army, I'd ever said to them, I didn't daughter me to say to them, ooh, this is your chance to be Meccaim the mitzvah of H. S. Yifas Talar. No, of course not. But it does speak to the Torah, making a concession, so to speak, to human nature, to the drive of, to the sex drive at war, to not being careful. And the Ramban finishes here. It's a much longer piece, but we'll just read one more line. (speaking in foreign language) The simple shot is, it's a reminder, right? The Torah tells us many, many times about Shabbos, many, many times about Avorzara. So the Torah's warning us here to keep the Torah. But the deeper point is that when you got a warrior at risk and the Torah's recognizing the fact that even though regular Yisraim are easy for us, for the most part, when you're at war, you have to be Venish Marthambi Kaldavara. Okay, so let's continue. Now we're up to Yud Gimmul Yud Shez. And another strange puzzle. Even though if you read it quickly, it's not strange at all. (speaking in foreign language) It sounds like, it's a prohibition on being a prostitute. And that's kind of how Rashi learns it. The Rashi quoted by the Ramban says, (speaking in foreign language) is a woman who set aside specifically for immorality. (speaking in foreign language) And you can't have a guy, a man, also set aside. Presumably Rashi and the Ramban think, this is for homosexual sex. I just think they didn't imagine a person selling a male prostitute being somebody who sleeps with women. Okay, now the Ramban says, (speaking in foreign language) (speaking in foreign language) If it's just a regular loca, say, for a woman to sleep with somebody who's not her husband, (speaking in foreign language) (speaking in foreign language) From doing this for a living, (speaking in foreign language) Then a single woman who sleeps with somebody in private, she's not doing it publicly. She's not set aside for this kind of activity. It wouldn't be us or it wouldn't be alive. In fact, it's not, right? She's not a prostitute. She's just somebody who happens to sleep with somebody. (speaking in foreign language) Why would a man be singled out because he set aside for prostitution. (speaking in foreign language) This is why I think he thinks it's a strong man homosexual sex. 'Cause he says that act is an (speaking in foreign language) is a punishment of (speaking in foreign language) (speaking in foreign language) (speaking in foreign language) (speaking in foreign language) What's the phrase (speaking in foreign language) (speaking in foreign language) Seems like the Torah's generally speaking about some other nation. And here the Torah has to specifically tell me (speaking in foreign language) Doesn't make any sense. And so the Ramban has what I think is an incredible insight and also a chuvial related or slash a responsibility related idea. (speaking in foreign language) (speaking in foreign language) It's not a prohibition that says you can't be a prostitute. It's a prohibition on Bezden to say as follows. (speaking in foreign language) It's telling the Bezden you cannot allow a Jewish woman to stand on the crossroads (speaking in foreign language) That's the lotion that the Torah used with respect to Tamar and Yehuda. (speaking in foreign language) For purposes of prostitution (speaking in foreign language) (speaking in foreign language) We'll skip for a second. Says the Ramban. The prohibition is on Bezden to take responsibility for Khal Israel, to take responsibility for the society that Jews live in. And he says, in most societies it's known. When you wanna find a prostitute, you gotta eighth avenue in the 40s, on the west side of Manhattan. Sorry, just my past. And that's where you could find them. Says the Ramban. No Bezden is commanded here to not allow such a situation in Amisra'el, in Bena Yisra'el, in Benot Yisra'el. It's not allowed. It's not that though. Of course the woman's not allowed to do this. Of course the man's not allowed to do this. But the post ago of Lothi'echi Dei Shami, Benot Yisra'el is a commandment to Bezden to show responsibility for Khal Yisra'el, to show, to not allow a situation where every Jew says, oh yeah, you wanna find a prostitute, this is where you go. Now, why should that be also? So I can only, you know, guess. But my sense is, right? We have an, Bezden's real role amongst Khal Yisra'el, and in the absence of Bezden, our role within Khal Yisra'el is to make it a more moral, a more perfect, a more, a society in which people are over at ashm. And when we see something that's immoral and it's done publicly, we should take action against it. Now, I'm not specifically saying, Bismana Zare, what you should do and how you should do it. But for a start, you should feel pain to see this, right? To see public desecration of the Torah should bother us. Now, is it practical and doesn't make sense? And will it actually stop Khal Shabbos if we throw stones at cars? No, it won't. And there's no benefit to do it. But the idea that it bothers me to see this. It bothers me to know that there's prostitution in the state of Israel in the current times. So they're like, that should bother us. And again, we have to decide what to do about it. And if we can do something, if we think it would help, then we're obligated to do it because we are the continuation of Bezden, right? For just like Bezden's responsible for the moral behavior of Khal Yisrael and they have to take action to protect the moral behavior of Khal Yisrael. So do we. And so I think here of (speaks in foreign language) the Ramban is saying similar to what he said on the last puzzle, right? Just like war is a (speaks in foreign language) just like war is a time of immorality. When you see immorality in society, the leaders of that society, the Bezden has to do something about it. That's how we create a society that's more perfect (speaks in foreign language) and that's how we create a society, that's more moral and that we can be proud of. Okay, let's do one more. Oh, let's do two more. Let's do it quickly. On a related theme, the next puzzle says, it's a strange puzzle, but it's a fun puzzle for me anyway. I won't tell you why. The Torah says, (speaks in foreign language) Literally, an (speaks in foreign language) is the sheep with which somebody paid for prostitution. So says the Ramban that can't be brought as a carbon in the Bezden (speaks in foreign language) In addition to that, (speaks in foreign language) (speaks in foreign language) as a promised carbon to God, (speaks in foreign language) (speaks in foreign language) So there are two things. There's (speaks in foreign language) which is the price that a person pays to be with a prostitute, (speaks in foreign language) and let's say you have some crazy, dangerous dog like Rottweilers or whatever. You can't bring either of them to the base (speaks in foreign language) Why not? So says the Ramban and the Ramban's insight is really, really sharp. (speaks in foreign language) Meets vote, prostitutes, they're aware that they're doing something immoral. And so therefore they take a portion of their payment and they try to do a mitzvoth, they bring it to Bezden (speaks in foreign language) (speaks in foreign language) They think or they intend for this to be a capara. If you're a prostitute, you must live with some sense of guilt. And so therefore says the Ramban, it's normal for prostitutes to want to give staka. It's often the case that the biggest balait staka, not often, but often people who are arrested for financial crimes turn out to be supporters of the community and big balait staka. And I think if you live with a sense of guilt, so then you give more staka and you want to feel like, okay, I gotta sparkle, maybe I did this thing and maybe it wasn't so moral. But look how much staka I'm giving. Alternatively, it could be you have a lot of money 'cause you cheat. And so you give more staka, but either way, says the Ramban, (speaks in foreign language) You take apples that you're paid with and you donate them to (speaks in foreign language) You can make a nether and then pay it off with (speaks in foreign language) Now, you could read that line two ways. (speaks in foreign language) It's a sin to do it. Or the way I think, (speaks in foreign language) because you don't intend to stop being a prostitute. You're bribing God. It's not real chuva. Real chuva is okay. (speaks in foreign language) Here's all the wages I made from my prostitution and I'm not going to do it anymore. But offensive to our car, (speaks in foreign language) is I'm going to keep doing it, but I'm going to give staka on the side to try to assuage my guilt feelings and for our (speaks in foreign language) to be better to me. That says the Ramban, (speaks in foreign language) (speaks in foreign language) You're going to keep sinning. Okay, so that's the first part. That's a Sanzona. What about (speaks in foreign language) So he says, we won't read it inside 'cause we're going to run out of time. (speaks in foreign language) Our people, watchmen and otherwise mean people who keep dangerous dogs, who are dangerous. And so same thing, says the Ramban, says the Torah. You can't do a bad thing. You can't keep a dangerous dog, which scares other people and maybe attacks them and then donate to the base (speaks in foreign language) when you get a new dog and you sell the old dog. It's the same idea. (speaks in foreign language) Changing your ways. Changing ways means I'm not going to do it anymore. And if you plan to do it anymore, that's offensive to our car, (speaks in foreign language) and it's not a mitzvah, it's an avera. Okay, finally. Let's do one last one quickly. It's the one that everybody knows, but I think the Ramban thinks at least that we should be more aware of this. Says the Torah, (speaks in foreign language) Now the context of that process begins to soaking before. (speaks in foreign language) (speaks in foreign language) Right? How do you not get (speaks in foreign language) by remembering Miriam. Says the Ramban, and this is a fundamental (speaks in foreign language) (speaks in foreign language) (speaks in foreign language) Right? Okay. That's a simple shot in the puzzle. That's something that we all know. But says the Ramban (speaks in foreign language) (speaks in foreign language) Says the Ramban, (speaks in foreign language) to remember that which Miriam did. It's not just, okay, if I wanna avoid (speaks in foreign language) I'll remember Miriam, it's a mitzvah's essay. The Ramban, I think, is unique in the Rishonim, in the Moni Hamitzu, certainly, who counts remembering what Miriam, the Lush and Har of Miriam as a mitzvah's essay, but he does. And he says it's just like anything else, right? (speaks in foreign language) It's just like (speaks in foreign language) which is a mitzvah's essay. It's just like (speaks in foreign language) which is a mitzvah's essay. It's just like (speaks in foreign language) (speaks in foreign language) which the Ramban counts as a mitzvah's essay, right? And almost every sitter, after Shakhris, you can find the (speaks in foreign language) of the Ramban, the six things that the Ramban thinks that by remembering, you were (speaks in foreign language) you were (speaks in foreign language) It's really kind of a staggering idea. (speaks in foreign language) (speaks in foreign language) Right, the Ramban thinks that each of these is a mitzvah when you do it. Now, you can have a discussion about how often, everybody knows that (speaks in foreign language) is a mitzvah's essay. We do it once a year, right? Everybody knows that (speaks in foreign language) is a mitzvah's essay. We do it once a week. How often do you have to do the others? I don't know, but the sense is, every time you do it, you get a mitzvah. (speaks in foreign language) Okay, it's also, of course, a warning to speak (speaks in foreign language) It's not just a mitzvah to remember it for no reason. (speaks in foreign language) (speaks in foreign language) Right, so he says, the mitzvah's essay is to remember the punishment. And here you think there's some, you know, some unintentional (speaks in foreign language) about Miriam, and you think maybe the Ramban doesn't respect her so much on the contrary, he says. (speaks in foreign language) Miriam was at Sadekes, and she was a prophetess. (speaks in foreign language) And she also didn't say this publicly about Moshe. She spoke to Aaron. (speaks in foreign language) She loved Moshe Rabin, who she risked her life, right? When Moshe was put in the Teva and put on the river, Miriam followed it. There was a risk involved in that. She loved her brother. (speaks in foreign language) She didn't speak in front of him. (speaks in foreign language) (speaks in foreign language) Aaron Akoin, the Ramban thinks was the greatest human being ever. And he was humble, and he was quiet, and he was respectful. These are not people who speak Loshanhara. (speaks in foreign language) (speaks in foreign language) And all of Miriam's merits, and she was at Sadekes, didn't help. (speaks in foreign language) (speaks in foreign language) Says the Ramban, the point to remember is if Miriam Hanaviyah, one of the greatest women who ever lived, was punished for speaking Loshanhara about our brother, (speaks in foreign language) And if she did it in private, and if she did it, (speaks in foreign language) and she did it all for the (speaks in foreign language) Okay. And the Ramban is emphasizing, and it's really true, that the sin of Loshanhara, for which you gets our ass, is really, really a severe sin. And the Ramban later on, there are different sins, but the Ramban later on says that the idea of Tsaras is compared to murder in the Torah. And he says, when the Torah says (speaks in foreign language) (speaks in foreign language) It's so important, says the Ramban, that it has to be recalled out loud, (speaks in foreign language) Tamid might mean every day. It really, it might not just be a once a year mitzvah. I think the idea of saying the Shages of Heroes every day, even Amalek, is probably a mitzvah's saying. Certainly the Ramban thinks so. (speaks in foreign language) It's not just, okay, wanna not get Tsaras, here's how to not get Tsaras. No. (speaks in foreign language) How could it be that a sin that's so significant and has all compared to murder, doesn't have a particular ister in the Torah. So Ramban thinks this is the ister for Lashan Hara. The Ramban and other (speaks in foreign language) No, the (speaks in foreign language) which, to be honest with you, sounds much more like it's talking about Lashan Hara, that's the ister of Lashan Hara. But here the Ramban makes the point relating to our other points, which is yes. They're (speaks in foreign language) and there are thousands of (speaks in foreign language) but the fact of the matter is there are some that are more severe and more important than others. And there are times that are more severe. And there are societies in which we have to do things. And therefore, when you go to war, you have to be more careful. And you (speaks in foreign language) and you can't have a society in which there are prostitutes and everybody knows about them. That's (speaks in foreign language) (speaks in foreign language) and you can't have people who are buying off God by giving (speaks in foreign language) and fulfilling the (speaks in foreign language) that are not really planning to be different. (speaks in foreign language) That's an issue there. I said finally, Miriam, the idea that no matter how many (speaks in foreign language) and how saintly you are, there are there's that are so bad that you're gonna be punished for no matter what. And Miriam (speaks in foreign language) is an example of that. And says the Ramban, therefore (speaks in foreign language) is in fact a (speaks in foreign language) and it's just to say that probably, I don't know if we pass in this way, but the idea of trying to remember it every day, certainly the idea of remembering that it's also to speak (speaks in foreign language) every day can only help us. That's it for today, (speaks in foreign language) everybody, (speaks in foreign language) and see you God willing next week. (upbeat music) (upbeat music)