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If one is condemned for death by beit din, his corpse is to be hung, but thereafter he must be buried. The Torah warns about failure to do so with the words "and you shall not defile your Land that Hashem, your G-d, has given to you" (Devarim 21:22-23). This is referring to having the body hang for a short time (apparently as part of a process of atonement or warning to others). Even one who is convicted of the most severe crimes is due protection for his human dignity (in fact this is the source for the mitzva to bury the deceased, in general). The Torah teaches us that even such a person retains rights to respect that go along with being created in the image of Hashem.
The warning not to defile the Land arises only twice in the Torah. The other place is at the end of Sefer Bamidbar (Bamidbar 35:31-34). We are warned not to receive a bribe to spare a murderer of his punishment of death or even to switch his punishment to that of exile. The murderer’s remaining alive is a situation that spoils the Land. In some ways this counterweighs the commandment in our parasha. While one should not overdo the punishment to the murderer or other serious sinner and go as far as to disgrace him unnecessarily, we are also not to be overly forgiving. A murderer’s presence in society is a serious matter, and, of course, the murder itself certainly defiles the Land. Obviously, "lo tirtzach" is in the Ten Commandments, and it is one of the cardinal prohibitions for which one is to give his life rather than violate. Care in these matters is one of the foundation stones of the Torah of Israel. The Torah’s instructions go in both directions and form a balance of how to deal with the perpetration and the perpetrators of serious aveirot.
Another time when it is necessary to take a life is when the nation is involved in a just war. Here too, if one does not act forcefully when it is necessary, he is violating Torah law. On the other hand, this does not open the way to disgracing even unavoidable victims, and this too can potentially defile the Land. Specifically in these days, when the Middle East is full of groups of murderers who also grab corpses in order to use them for their purposes or defile them, we should remember that which we were commanded. While Hezbollah, ISIS, Hamas and others have no grasp of the idea of preserving human dignity, we should remember that we believe in it even in regard to our enemies. Baruch Hashem, the IDF is careful on these matters, even if there are cynical attempts to stain its and our reputation in these regards.
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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)
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)
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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)
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)
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
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
