YeshivaThe torah world Gateway
Beit Midrash
- Torah Portion and Tanach
- Vayikra
- Emor
In the midst of the incident of the מקלל ה', the Torah repeats the prohibition against killing another human being or a neighbor’s cattle. In the case of property, such as cattle, the one who causes damage must compensate the owner for the loss. One who injures another person is also required to pay compensation for that injury. If however, one kills a human being, the punishment is death.
There is a major difference between killing an animal/מכה בהמה, and killing a human being, which derives from the difference between נפש אדם/the soul of a person, andנפש בהמה/the soul of an animal. Jewish law equates killing an animal and injuring a human being. Like an animal, a person’s limb is treated as an instrument that serves his needs. As such, in the case of injury, it is possible to compensate a person for the loss. However, when dealing with נפש האדם, the punishment is more severe because the נפש represents the essence of man. And within the essence of man inheres the Divine image. Therefore, killing a person extinguishes the part of man that is Godly. For this reason, there is no possibility of compensation, and the only recourse is to execute the killer.
(The word מכה is from the root נ-כ-ה which means "to strike blows." The word נפש is from the root נ-פ-ש "to return to spiritual repose." The noun as listed in this verse refers to the soul or the will of action and thought. The word בהמה is from the root ב-ה-ם "to subordinate." A domesticated animal is subordinated to its owner.)
The question remains: why does the Torah present this law in the middle of the story of the מקלל ה'? The Torah here is defining the role of God in the human system of justice. God embodies the attribute of justice. Removing God, as did the מקלל, means uprooting justice. Without God’s benevolent hand, biological life depends exclusively on physical power; in those conditions, there is no justice, no right or wrong. In the absence of God man is just another organism, another part of the physical world. Some organisms are more complex than others, but they are all, ultimately, objects. The Godly aspect of a person is what gives him free will, which in turn opens up the possibility of justice and morality. Without God, there can be no free will and no justice.
This is why, in the midst of the incident of מקלל ה', the Torah repeats the laws relating to harming or killing. The superiority of human life over animal life reflects that man is created in God’s image. Cursing God is tantamount to cursing man and depriving him of his most cherished characteristic: צלם אלוקים, the image of God.
(The word מקלל is from the root ק-ל-ל "to diminish substance." The word צלם is from the root צ-ל-ם "to complete form," referring to God’s image. Its phonetic cognate is ש-ל-ם "to harmonize" and make complete.)
Just as all rights and values of human beings are rooted in God, so all humans are treated as equals before the law. Legal proceedings, administrative details, examination of witnesses and all aspects of the judicial system must be applied evenly among citizens and foreigners.
Copyright © 2014, Matityahu Clark. All Rights Reserved. This is an excerpt from the forthcoming Hirsch At Your Table, a collection of brief divrei torah based on R. Samson Raphael Hirsch’s Torah Commentary.
Igrot Hare’aya Excitement over a Friend’s New Newspaper – #319
Date and Place: 4 Menachem Av 5670 (1910), Rechovot
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
