Devarim 16:18-21:9 [Hebcal] [על-התורה] דברים טז יח-כא ט
Haftarah: Yeshayahu 51:12-52:12 (all) | Fourth of the “Seven of Consolation”
[על-התורה] הפטרה: ישעיהו נא יב-נב יבב (ע”פ כל המנהגים) | שבע דנחמתא 4
Jump to:
- Justice, Justice You Shall Pursue
- Capital Cases
- Rules of Kingship
- Levitical Portions
- True Prophets, False Prophets (again)
- Review of the Cities of Refuge
- Rules of War
- Unsolved Murder (Egla Arufa)
- Haftarah Summary: אנכי אנכי הוא מנחמכם
Parashat Shoftim includes new information about the governance of a civil society, as well as review of critical laws already presented in the text. It opens with the matter of appointing shoftim (judges or magistrates) and shotrim (officials or managers; this is the modern Hebrew word for “police officer”) for all the tribes and in each of the settlements that Bnei Yisrael will create in the Land of Israel.
Justice, Justice You Shall Pursue
[Devarim 16:18-17:1]
Those in a position of judgment must carry out this responsibility with care, not showing favor or accepting bribes: tzedek, tzedek tirdof—justice, justice you shall pursue (צֶדֶק צֶדֶק תִּרְדֹּף, 16:20).
Also, asherot (trees worshiped as holy sites by the Canaanites) and matzevot (monuments, also pagan holy sites) are forbidden. Animals brought as zevach (sacrifice) must be unblemished.
Capital Cases
[Devarim 17:2-13]
Idolators are to be stoned to death. However, any person convicted of a capital crime must be so convicted based on the testimony of at least two witnesses. Cases that are too puzzling to resolve must be brought before the kohanim (Levitical priests) and a shofet (judge) at the place that G-d will choose, i.e. the Beit ha-Mikdash. The verdict must be heeded, deviating neither “to the right nor to the left (לֹא תָסוּר מִן הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ יָמִין וּשְׂמֹאל).
Rules of Kingship
[Devarim 17:14-20]
It is permitted for the people to ask for a king. The king must be a member of the Jewish people. In addition, the king must observe limitations: he is to limit the amount of horses, wives, and money he has. The king must keep a copy of “this repetition of the law (mishneh Torah)” (אֶת מִשְׁנֵה הַתּוֹרָה הַזֹּאת).1
Levitical Portions
[Devarim 18:1-8]
Again, the entire tribe of Levi (from which the kohanim are appointed) does not get a share of land, because of their service to Hashem. They instead get portions of sacrifices: the shoulder, cheeks, and stomach of oxen and sheep, plus the first of the grain, wine, and oil, as well as the first shearing of sheep’s wool.
True Prophets, False Prophets (again)
[Devarim 18:9-22]
It is emphasized again that Bnei Yisrael must not adopt the idolatrous practices of those currently living in the Land. Child sacrifice is absolutely prohibited. Jews may not engage in a number of magical activities, including those of a kosem kesamim (קֹסֵם קְסָמִים – augurer), meonen (מְעוֹנֵן – soothsayer), menachesh (מְנַחֵשׁ – diviner), mechashef (מְכַשֵּׁף – sorcerer), chover chever (חֹבֵר חָבֶר – casts spells), shoel ov (שֹׁאֵל אוֹב וְיִדְּעֹנִי – consults spirits), or doresh el ha-metim ( וְדֹרֵשׁ אֶל הַמֵּתִים – consults the dead). These are the practices of foreign nations in the Land and must not be adopted.
True prophets, on the other hand, must be listened to. Prophecy is actually the request of the people due to their fear at the Revelation at Chorev/Sinai, and one judged positively by G-d. A false prophet, who utters words that are not given to him by G-d, or who purports to speak on behalf of other’s gods, must be put to death. True prophecies come to pass.
Review of the Cities of Refuge
[Devarim 19:1-21]
Again, three cities of refuge (each called an ir miklat) for those accused of manslaughter must be set aside east of the Yarden River. Here an example is given of manslaughter: a person swinging an axe in order to cut wood who accidentally kills a person with the blow, unintentionally. Such a person does not incur the guilt of a murderer. After the conquest of Eretz Yisrael, three more cities of refuge must be set aside. Murder remains a capital crime.
In addition, boundary markers must not be moved (in future territory). Single witnesses may not seal a verdict. False testimony is to be punished. The lex talionis (eye-for-an-eye sense of justice) is repeated here (19:21), which Chazal understand to mean monetary compensation.
Rules of War
[Devarim 20:1-20]
The people should not fear facing forces bigger than they, because G-d is with them. Nevertheless, the kohanim are to query soldiers to ascertain whether their morale meets the standard for active duty. Those needing to dedicate a new house, harvest a vineyard, or marry one to whom they’re engaged is to be released to attend to these duties, and those who are still afraid are relieved of duty.
Conquered cities must be offered terms of peace. If it surrenders, the people there are subject to forced labor. If the city does not surrender, it is to be besieged and, when conquered, all the men are to be put to the sword, and everything else may be taken. There are groups of which no one is to be left alive: the Hittites (Chiti), Amorites (Emori), Canaanite (Kenaani), Chivites (Chivi), and Jebusites (Yevusi). Trees that provide food may not be harmed.
Unsolved Murder (Egla Arufa)
[Devarim 21:1-9]
There is a ritual to be performed following the discovery of one who has been murdered without a suspect. This ritual bears some similarities to that of the Parah Adumah (Red Heifer): a heifer (egla) that has never been yoked is brought (עֶגְלַת בָּקָר אֲשֶׁר לֹא עֻבַּד בָּהּ אֲשֶׁר לֹא מָשְׁכָה בְּעֹל) to a freely running stream, where its neck is broken (וְעָרְפוּ). This is known as the Egla Arufa in halachic literature. Then, all the elders of the town closest to where the body was found wash their hands over the heifer and make a declaration of their innocence in the matter.
Haftarah Summary: אנכי אנכי הוא מנחמכם
[Yeshayahu 51:12-52:12]
Part of the seven Shabbatot of consolation following Tisha be-Av and leading up to Rosh Ha-Shannah, this haftarah begins with Anochi Anochi Hu Menachemchem, “I, I am He Who comforts you.” Why should the Jewish people fear enemies or even death, when G-d is with them? G-d has said to Tziyon (Zion), “you are my people” and called Yerushalayim to arise, she who has drunk the cup of G-d’s wrath, whose sons are stupefied. The cup of wrath with now be given to Yisrael’s enemies. The destruction and exile will end. The language of this prophecy is famously poetic and stirring.
Image: George Kahlert the Younger, Torah Crown, 1746-58 (1782/83, date of inscription),. Silver: chased, pierced, cast, and parcel-gilt; glass; sheet metal. Height: 15 7/8 in. (40.3 cm) Diam: 9 3/8 in. (23.8 cm). The Jewish Museum, New York (used with permission).
