Parshas Nitzavim - All in Good Standing

~Thoughts on the Parsha     ~

Parshas Nitzavim

All in Good Standing

By: Daniel Listhaus

אַתֶּם נִצָּבִים הַיּוֹם כֻּלְּכֶם לִפְנֵי ה' אֱלֹקיכֶם רָאשֵׁיכֶם שִׁבְטֵיכֶם זִקְנֵיכֶם וְשֹׁטְרֵיכֶם כֹּל אִישׁ יִשְׂרָאֵל:

“You are all standing this day before Hashem, your God the leaders of your tribes, your elders and your officers, every man of Israel…”

-Nitzavim 29:9

Rabbeinu Bechayei[1] writes that K’lal Yisroel stood to join in a new bris (treaty) with Hashem as they had done originally at Har Sinai by mattan Torah. The original bris had to be forfeited and a new one created because the members of the original bris had participated in the eigel ha’zahav (golden calf) which clearly broke the bris. Moshe rabbeinu therefore notified them that this time they were joining in a bris with a curse and a promise as an incentive for B’nei Yisroel to “think twice” before veering from the derech. Obviously the Torah and mitzvos did not change but B’nei Yisroel were severely warned and reminded that not following the ways of the Torah will result in strong negative consequences.

 As leader of K’lal Yisroel, Moshe was challenged to give mussar (rebuke) balancing the reality of the seriousness and effort required to keep the Toras Hashem fully, while at the same time encouraging us that it is in our power to do so. The Torah records Moshe rabbeinu using the word “netzavim” (standing) to tell B’nai Yisroel, “You are all standing here today before Hashem…”. Onkeles[2] translates the word as kaymin – lasting.  These words promise that K’lal Yisroel will stand and never cease that that we will receive great reward in olam habbah for keeping the torah. Rabbeinu Bechaya explains that this needed to be promised at that time right after hearing the k’lalos of the tochacha in order to reassure K’lal Yisroel not to give up after hearing all the bad things that will occur for not keeping the Torah because we will always remain. This is why Moshe and the Torah uses language of “standing”.

We sometimes get so lost and overwhelmed in the complex web of life. The statement of “you are standing here today” is so simplistic, yet so deep. Take a breath and realize that you are standing here today; alive with a future of potential greatness. Our ability to be presently standing comes directly from Hashem. Life is challenging, but by consciously recognizing the fact that we are standing today we could realize that all of the challenges are ones which by definition we were able to overcome and persist. This realization of our past hashgacha p’ratis offers inspiration for the future that no matter what hurdles come our way, the hashgacha tells us that by definition, if it is in our path then we have the agility, energy, and coordination capacity to make it over. Each person’s raw physical and spiritual makeup contains the potential ability to overcome and conquer every growth-challenge he or she will experience in his or her lifetime. Of course things will be difficult, and certainly we will experience ups and down, however the knowledge that Hashem is orchestrating the world as King, Director, and Controller, is really the most comforting thing possible. This is what Rosh Hashana is all about – the tefillos (prayers) of malchiyus, zichronos, and shofros effectively remind us that Hashem is the King, that our past endurance stands witness to our future survival, and that we ourselves become merit-worthy through teshuva.

Rosh Hashana, like any new beginning, comes with the opportunity to start anew. Of course really any time we want we are more than invited to hit the proverbial restart button with our teshuva, but new beginnings make it easier for us mentally to notice past trends and make decisions how to move forward. The Medrash Tanchuma[3] points out that the Torah does not just stay, “You are standing…”, but rather “You are standing today” in order to convey that just like the day starts dark and then becomes light[4], so too each and every individuals should always keep in mind that as long as one is standing, no matter how dark a night one may be experiencing – there is daylight for those who make the effort towards it. When analysts view trends in the stock market and they see growth from point a to point b, it does not mean that there was constant growth for the span in between. Rather, one day it drops tremendously, the next day it rises a little, the next it falls, then a few days up, a few days down, and then at a given point a snapshot is taken to capture the arbitrary trend of the span in between. Although a snapshot could be taken at any time, the period of Rosh Hashana and Yom Kippur are special in the sense that we as a nation all take the snapshot at the same time during this special z’man. Looking back over the past year, certainly there were times of growth and downfalls, achieved goals and major failures, accomplishments and mistakes, but is the trend going up, staying stagnant or going down? Standing is what gives us the reassurance that we’re okay and will be okay, but it is the conceptual cycle of the day which gives us the motivation to pull out of the darkness and work on reaching the daylight.

The matrix created by the broad three relationships in life: The relationship between man and fellow man, man and G-d, and man and himself, is complex indeed. Within each main category exists multitudes of subcategories, and each person has specific challenges within categories and subcategories – whether they be obstacles of the yetzer harah trying to stop us or hurdles that we are supposed to train to overcome. Our job is to make sure not to get bogged down by our failures to the point that we get stuck and don’t have the motivation to move forward. Instead we must find within ourselves the energy to pull ourselves out and move forward through recognizing that we are still standing and that every night has a following day.

May Hashem help us use the opportunity of the yomim noraim this year to stop and think about our past mistakes, be reassured by our current standing in a world where Hashem is King, and be motivated to complete our proverbial days and move from our areas of dark night into the daylight. May this Rosh Hashana bring with it a year full of goodness for ourselves as individuals, and for k’lal Yisroel as a whole!

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[1] Devarim 29:9

[2] Ibid

[3] Medrash Tanchuma Nitzavim 1

[4] See Beraishis 1 as well as Gemara Berachos 2a

Parshas Ki Seitzei - Hangman, Shovels, and Fingers in Your Ears

~ Thoughts on the Parsha ~

Parshas Ki Seitzei

Hangman, Shovels, and Fingers in Your Ears

Kavod Ha'adom vs. Kavod Hashem:

Same Difference

By: Daniel Listhaus

וְכִי יִהְיֶה בְאִישׁ חֵטְא מִשְׁפַּט מָוֶת וְהוּמָת וְתָלִיתָ אֹתוֹ עַל עֵץ: לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ כִּי קָבוֹר תִּקְבְּרֶנּוּ בַּיּוֹם הַהוּא כִּי קִלְלַת אֱ־לֹקים תָּלוּי וְלֹא תְטַמֵּא אֶת אַדְמָתְךָ אֲשֶׁר ה' אֱ-לֹקיךָ נֹתֵן לְךָ נַחֲלָה

“If a man will have committed a sin whose judgment is death and he shall be put to death, and you shall hang him on a wooden beam. His body shall not remain for the night on the wooden beam, rather you shall surely bury him on that day, for a hanging person is an insult of Hashem...”

-Ki Seitzei 21:22-23

            Rashi^[1] comments that we do not leave the body hanging because man is made in the image of Hashem, and the Jews are His sons. Therefore, to leave a body hanging would be deemed a degradation of the King. Rashi continues and gives the following moshol (parable): There were two identical twin brothers. One became a king, while the other became involved in thievery and was hung. Whoever would see him hanging would exclaim, “The king is hanging!”

            There are a couple of questions on this Rashi which beg to be asked. Granted, man was created with the image of Hashem and we are His children. However, at the end of the day, this guy did an aveirah (sin) deserving of death^[2]. Last week's parsha stated many times that we should show no mercy to those deserving of punishment for not following the laws of the Torah^[3]. Why is it then that when it comes to keeping the man hanging, the Torah suddenly seems to show mercy for his corpse? Furthermore, if we take everything this Rashi says literally, then this whole concept seems difficult to understand. Is it really true that if one will see a man hanging that he will say about it that Hashem is hanging? Certainly not! So what exactly is going on here? What is the underlying reason behind why we do not leave the man hanging? And how could we understand Rashi's concern of people immediately associating man with Hashem?

            Later on in the parsha, the passukim (verses) resume dealing with the halachos (laws) of going out to battle. The passuk^[4] tells us that in addition to a soldier's weaponry, there is an obligation upon each soldier who goes out to battle to carry a shovel. The reason for this, as the Torah itself tells us, is in order to be able to use it to dig a hole and cover one's excrement.

            Let us think for a moment about this strange mitzva. It does not take a military expert to comprehend that when going to battle one must only pack the essentials. A gun^[5] is a good idea. A canteen of water is a good idea. A heavy solid-metal shovel is not a bad idea... it is a TERRIBLE idea! Why tire out an entire army by making each soldier carry such an instrument?^[6] 

            Furthermore, the Gemara^[7] learns out a limud from this passuk. The passuk^[8] says, “There should be a spade among your weaponry”. The Hebrew word for “your weaponry” is “a'zei'ne'cha” which is very similar to the word for “your ears” - “a'za'ne'cha”. With this, the Gemara goes on to say a halacha; that we learn from here that if someone is about to hear something which is not nice [such as lashon harah or nivul peh], one should put his fingers – which are shaped as spades – into his ears.^[9]

            There is obviously a connection between this halacha and the halacha that each soldier must carry a spade into battle, based on the similarity of words. This alone would certainly allow chazal to make their limud.^[10] However, is there perhaps a deeper connection linking these seemingly very different halachos together?

            Perhaps there is a common denominator between the hanging man, covering excrement, and listening to evil speech. Let us start our analysis with the shovel one is required to carry during battle. From the fact that the Torah demands that it be part of the weaponry, it must be because it is just as important as the weaponry. We could try to understand this based on the following. We know that there are two elements to everything we do: our hishtadlus – the effort we put in, and siyata d'shmaya – aid from Hashem. Certainly the weaponry we bring with us to battle is the hishtadlus we put in. The shovel, on the other hand, is our symbol for siyata d'shmaya. The halacha^[11] is that it is assur (forbidden) to daven in front of excrement, since it is unfitting for Hashem to come to such a place. Since it is through tefillah (prayers) that we ask for siyata d'shmaya, a spade or shovel is certainly a necessity in order to be able to utilize our real weapon - davening.^[12] Looking at this in a broader sense, another way of presenting this idea is that in order to create an environment of “v'haya machane'cha kadosh”^[13] – to keep the camp holy –  a milieu of kavod ha'briyos (respect of creations [i.e. humans]) is needed as a prerequisite to an atmosphere worthy of kavod Hashem (honor/respect of Hashem).

            Perhaps this is the underlying theme behind the hanging man, digging excrement, and listening to evil speech. All three are commandments guarding the basics of kavod ha'adom (respect of mankind). It is forbidden to say or listen to lashon harah because it is fundamentally disregarding others. Forgetting to exercise kavod ha'adom during battle has a direct positive correlation with not showing kavod Hashem. Therefore, the shechina will not fight alongside the hishtadlus of the army. The same is true when it comes to the death penalty. If the Torah demands the death of an individual, it is certainly mandatory to do so, and, as the Torah says, with showing no mercy. However, when it comes to leaving the corpse hanging for longer than necessary - a most degrading thing, Hashem says things have gone too far.  As Rashi^[14] states, “Leaving the corpse hanging is a degradation to the King, for man is made in the likeness of His image”. Not showing proper kavod ha'adom automatically means not recognizing proper kavod Hashem.

            Respect for humans is something so basic and so necessary, it is required to be rehearsed during the hardest of times, such as war, and even at times when the person being degraded is hanging due to his sins Without a basic understanding of chashivus ha'adom (greatness of man), Hashem will not come to our help in battle and, as in the case where a person is treated improperly – whether alive or dead, will feel degraded Himself – so to speak.^[15]

            Why is this so? Why is it that kavod ha'adom and kavod Hashem are so closely interconnected?

            The Alter of Slabodka^[16] writes that the passuk^[17] in Bereishis tells us that Hashem created man in His image and His likeness. Hashem created man as his own miniature world.^[18] Just as the world has a King – Hashem, so too each of our own little worlds has a king – the neshama which Hashem breathed into us. The neshama, which connects every person with Hashem, is so precious that when man was created, the melachim (angels) wanted to sing praises.^[19] Within each and every person is an incredible amount of potential waiting to be tapped into.^[20] The neshama comes from a limitless place and is ready and waiting to achieve tremendous heights.^[21] This aspect of man, which is directly connected to kavod Hashem, demands a level of kavod ha'adom.

            The Gemara^[22] relates the famous story of a man who came to Hillel and asked him to teach him the whole Torah while standing on one foot. Hillel responded, “What is hateful to you, do not do to your neighbor. That is the whole Torah while the rest is commentary; go and learn it.” Hashem, and His Torah, is the source for all kavod. Yet, man resembles Hashem and therefore, kavod ha'adom and kavod Hashem overlap on many fronts. This is perhaps why the Gemara^[23] has a whole discussion as to which laws we would push away if they would conflict with kavod habriyos. At one point the Gemara even suggests that kavod habriyos should be docheh (supersedes [literally: push away]) a lo sa'aseh (negative commandment)! This is not because kavod habriyos is better than the Torah, rather because it is the Torah and is kavod Hashem.^[24] When one honors his fellow man (for the proper reasons), he is in essence honoring Hashem. It is based on this that Rabbi Akiva taught^[25], “v'ahavta l'rei'acha ka'mocha zeh k'lal gadol ba'torah – You shall love your fellow as yourself. This is a great rule in the Torah.”

            Anything that goes contrary to the axiom of “v'ahavta l'rei'acha ka'mocha” - the basic principle of loving one's friends as one loves oneself - is by definition against the Torah. It disregards kavod ha'adom and therefore, by definition, kavod Hashem as well. This is why we cannot leave the corpse hanging, must carry a shovel into battle, and are required to stick our fingers in our ears when we are at risk of hearing lashon harah.

            An even more basic element contained in v'ahavta l'rei'acha ka'mocha is that each of us has an obligation to love ourselves.^[26] Only once we respect ourselves for being created in the image of Hashem, realizing our own potential and what we are capable of, could we be prepared to respect others. And only once we have an appreciation for others, could we be ready to fully honor Hashem.

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[1]    Devarim 21:23

[2]    See Rashi 21:22 who writes that all those who get put to death through s'kilah (stoning) are hanged afterward. Keep in mind that getting put to death by Beis Din (Jewish courts) means that one is guilty without a shadow of a doubt. There is a whole process required in order to actually prove someone deserving of the death penalty. For example, the person has to have  been warned, and the two people who witnessed him doing the action despite his warning go through a strenuous cross examination by Beis Din to verify that their stories match. The Mishna in Makkos (7a) states that because of this process, a Beis Din that killed more than one man every seventy years was known as a “bloody Beis Din”.

[3]    For examples see: Devarim 18:22,  Devarim 19:13, and Devarim 19:21,

[4]    Devarim 23:14

[5]    They probably had more swords, spears, and bows and arrows than guns, but that is beside the point.

[6]    The seriousness of the commandment that each solider must carry a shovel, could be seen quite clearly because Rashi explains the passuk to mean, “Take the shovel besides the other implements you use”. The Be'er B'sadeh comments that Rashi uses the word besides instead of in addition to in order to bring out the following point: Even though the solider has other instruments with him which could perhaps be used to dig holes in the ground as well, still, do not rely on those tools because sometimes in battle the ground will be hard and one may choose not to put so much pressure on his weapons and will therefore not make a deep enough hole to fully cover his excrement. We therefore see how extreme and serious the Torah is when it comes to this mitzva.

[7]    Kesuvos 5a-5b

[8]    Devarim 23:14

[9]    See also Sefer Chasidim 72. Another observation that is made is that the earlobe is soft and could be bent in to block one's hearing when in danger of hearing lashon harah.

[10]  See Maharsha in Kesuvos 5b who writes that the limud links this passuk with the one a few passukim earlier (Devarim 23:10) which could be read as “guard yourself from any bad speech” [as if written dibbur (speech) instead of davar (thing)]

[11]  Shulchan Aruch Ohr HaChayim Siman 79

[12]  As we say in Tehillim 20:8 “...Some with chariots and some with horses, but we in the Name of Hashem our G-d call out.”

[13]  Devarim 23:15

[14]  Devarim 21:23

[15]  See S'forno Devarim 21:23

[16]  Ohr HaTzafun Cheilek Alef: “D'mus Ha'adom”

[17]  Bereishis 2:26

[18]  See commentaries on Koheles 9:14 as well as Orchos Tzadikkim: Sha'ar Yiras Shamayim

[19]  Bereishis Rabbah 8

[20]  As a related side point, see Tosfos 'Eid Echad...' in Gittin 2b who ask: How could we trust someone who does not know hilchos sh'chitah, such as a woman, to say that something was slaughtered properly? Tosfos answer that because it is in her capability to learn the halachos and within her ability to hire someone else to do it, it is considered like it is “b'yadah” (literally - “in her hands”) - as if she could do it - to be believed as an eid echad even though ischazek issura.

[21]  See Orchos Tzadikkim Sha'ar Yiras Shamayim who suggests that this is the cause for people to want more and more. The neshama is always pushing us to go further. However, depending on the amount control we have over our guf (body) will determine which direction it pushes us in.

[22]  Shabbos 31a

[23]  Berachos 19b

[24]  And even according to the end of the Gemara that kavod habriyos is only docheh a de'rabannan b'kum ve'asheh and de'oraisah only by a shev ve'al ta'aseh, we only come to that conclusion by learning it from a passuk, which the Gemara explains is coming to teach that if there would be a chilul Hashem, we do whatever we must to stop it. But this further agrees with our point. Kavod habriyos and kavod Hashem are the same. So in cases where doing kavod habriyos may cause chilul Hashem, then obviously that would not fall under the category of kavod habriyos.

[25]  Toras Kohanim and Rashi on Vayikra 19:18

[26]  This is obvious because how could we love others as we do ourselves, if we do not love ourselves.

Parshas Shoftim - A Seemingly Untraditional Tradition

~ Thoughts on the Parsha ~

Parshas Shoftim

A Seemingly Untraditional Tradition

By: Daniel Listhaus

עַל פִּי הַתּוֹרָה אֲשֶׁר יוֹרוּךָ וְעַל הַמִּשְׁפָּט אֲשֶׁר יֹאמְרוּ לְךָ תַּעֲשֶׂה לֹא תָסוּר מִן הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ יָמִין וּשְׂמֹאל

“According to the teaching that they will teach you and according to the judgment that they will say to you shall you do; you shall not turn from the word that they will tell you, right or left.”

-Shoftim 17:11

            Rashi[1] comments that this passuk (verse) teaches us that even if one’s Rov (Rabbi) says about right that it is left and about left that it is right we are obligated to abide by his ruling. From the fact that Rashi is describing the Torah’s commandment as “Listen to the Rabbis even if he says to you about right that it is left”, is an indication that we are not just dealing with someone who knows nothing and is asking a Rabbi for a halachik ruling, rather it seems that we are dealing with someone who knows his “rights and lefts” and yet the Torah is telling him that if he goes to ask a halachik shailah (question), he must listen to the Rov’s answer even if what he is telling you seems completely backwards.[2] Imagine the following scene: There is a person who knows a thing or two about halacha and Torah values but comes up with a question which, although he has a general picture of what the answer should be, he is not 100 percent sure. So he goes to his Rov and asks a shailah. After providing all the necessary details to his Rov, the Rov thinks and responds with an answer which is totally out of the blue and in the opinion of the asker, is clearly incorrect. As he listens to the response with his jaw dropped open he thinks to himself, “It seems to be contrary to basic halacha! How could that be kosher, it is so obviously treif? Or how could that be mutar (permitted), it is so clear that it is assur (forbidden)?” Yet, the torah tells us to follow the rulings of the Rabbis even if they tell us about right that it is left and left that it is right.

This commandment is difficult to understand. If it is in fact so clear that what the Rov is ruling does not follow halacha, then how could it be that we are commanded to listen? And on the flip-slide, if a Rabbi indeed has the power to switch around the laws as he sees fit why can’t he decide to cancel Shabbos, end keeping kosher, and eat on Yom Kippur?

            The world view of Judaism is quite naïve. After all, the world at large has an unsophisticated view of religion in general. Many people see life as one big game. A person enters by choosing a religion which will provide a meaning to life, a system of rules, motivation, spirituality, and some level of structure. After all Pascal’s wager states that a rational person should live as though God exists and seek to believe in God. If God does not actually exist, such a person will have only a finite loss in this world with minor restrictions, whereas if He does the possibility is there for an afterlife of infinite pleasures or sufferings. Each religion of course must offer incentives[3] which promise some sort of fabulous after-life providing one kept to the rules of the religion; and it goes without saying that each religion believes about the other that it is total nonsense and that they are in for a rude awakening when they die.

            Imagine a person born on an abandoned island with absolutely no opinion or religious view[4] who is brought before a panel of representatives of every religion. This person knowing nothing but logic and math will figure that mathematically it is worth the “gamble” to be a religious person. Then he will look at each religion and see that each has the same probability of being true and that numbers of followers does not at all necessarily portray the accuracy of the religion’s claims. So, this thinking person would make his decision based on two factors: The demands and the potential rewards. After all, if there is a religion out there with very few demands and a great reward why wouldn’t he choose that one if it has the same chance of being right as any other religion? After choosing a religion, this person may even be inclined to try to recruit others, and this could be for any number of reasons depending on the religion. In some cases, the religion itself demands it. In others, it may not but the members feel the need to share with others what they found works for themselves. And in some cases, neither of those reasons applies but the members may feel better being part of a bigger crowd so they reach out to others to join.

            However, as religious Jews we have the privilege of having an informed perspective of Judaism specifically. We do not see a game of probabilities nor merely a world with laws, but rather a world created and conducted by Hashem and fully operating based on His Torah. There is no doubt that Judaism is by far the most complex, detailed, and demanding religion. It is almost ironic that any other religion calls us infidels or blasphemers for just “leaving out” so little compared to all that we are already doing so well. Some religions do not eat pig, but everyone knows which religion has the highest level of kashrus. Some religions are very into repentance, but only one has the experience of Rosh Hashanah, Yom Kippur, slichos, shofar, and significant fast days throughout the year.

A major part of Judaism’s complexity lies within the fact that despite the truth that we are the only religion to claim that millions of people directly heard Hashem reveal Himself on Har Sinai and that we received the Torah from Hashem and directly passed down this mesorah (tradition) from generation to generation until today, still every single halacha brought in Shulchan Aruch has a whole story behind it. Which mitzvah is it a part of? How was it learned out? What were the related disputes? Why did our mesorah choose to branch down one way to get the final ruling and not an alternative way? So much thought and proofs went into our mesorah since Har Sinai – always following the guidelines set forth by Hashem in His written and oral Torahs. A glimpse of this could be seen in the recorded Gemara we still learn today but the infinite wisdom that exists behind the scenes is unfathomable.

The gemara[5] comments that it is precisely this complexity which may turn people away. Besides for the fact that the laws themselves are numerous and a challenge to keep to perfection, the fact that everything is disputed makes it hard for a layman to take seriously. After all, if one Rabbi tells me I can’t turn on a light on Shabbos because it creates a circuit and another Rabbi tells me that I cannot turn it on because it is considered making a fire, why can’t I just cancel the reasons out and turn it on? If there is a dispute as to if a particular mixture is deemed kosher or not, why can’t I just choose what I want with the justification that there is a Rabbi out there that would hypothetically permit it? The gemara asks this but offers only a cryptic answer that “all of Torah was given over to Moshe to teach us”. How could we understand this gemara? How could we clarify and become educated in our understanding as to how something wrong could be right and something right could be wrong?

The Kli Yakar[6] explains as follows. The Torah and its laws are from Hashem and it deals with reality from Hashem’s perspective. Hashem gave us His Torah to guide us through this world and live effectively. The Torah is from Hashem and the tools given to man in order to understand His Torah are from Hashem, and nothing is simple. The Orchos Tzaddikim writes an entire sefer on the middos (traits) which make up human behavior and how to channel them appropriately. As the sefer repeats many times, besides for each middah having a polar opposite,  for example haughtiness and humility, it is equally important to understand that there is “good haughtiness” and “bad haughtiness” and that “good haughtiness” is not even haughtiness at all but in fact humility. Standing up to people who are against Hashem, or taking care of oneself are really acts of humility as they demonstrates understanding one’s place as an eved Hashem. The same is true when it comes to halachos. Tamei (impure) items, for example, have a facet of taharah (purity) to them; and vice versa. It is just that the overwhelming aspects of a tamei item screams out tamei while the majority of aspects of a tahor item calls out tahor. However, a shift in the equation by adding variables such as curveball situations or added details to a particular case could in fact shift the dominant view of the tamei item to become tahor, or a kosher item to be treif.

The integration of the right ingredients to add to the mix in order to come to the accurate p’sak (ruling) is not for the faint of heart. It takes a deep understanding of our mesorah as well as the tools and guidelines handed over by Hashem to B’nei Yisroel to understand and apply the Torah’s principles. This is the meaning of the gemara[7] which states that the members of Sanhedrin had to know how to purify a sheretz (a tamei creeping creature) according to the Torah; not by finding “legal loopholes”, but rather by understanding the facets of everything and comprehending which variables are able to change their balances and which cannot. There is an incredible amount of responsibility and power given over to every proper beis din with qualified dayanim (judges) k’das Moshe v’Yisroel to understand the halachos with the associated reasons, proofs, details, and logic in order to properly pinpoint if the thing that is in question which looks like tamei, sounds like tamei, and smells like tamei is really tamei or if its aspect of tahara has its moment to shine and what looks right is suddenly left and what looks left is suddenly right. Not because of legal loop holes, not because beis din is confused, and not because they have the authority to flip-flop, but rather because we have an “untraditional tradition” which is more complex than a set of rules because it is a description of Hashem’s ratzon which by definition is reality and sometimes reality calls the act of killing as being merciful even though it looks cruel, sometimes calls giving tzedaka unkind even though it looks nice. It all depends on the factors and details of the particular case based on the tools and guidelines transmitted in our rich mesorah as well as the da’as Torah perspective of the leading Torah authorities of each generation.

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[1] Devarim 17:11

[2] See Ohr Hachaim 17:9 who says that although the Rov does not have to offer his reasoning on his own, if one asks, he must say. It would see that one can discuss why the Rov decided what he ruled as he did but the final word is based on the Rov’s da’as Torah. 

[3] Note: Not all incentives are created equal. Some “offer” physical pleasures in an afterlife, some “offer” more of an escape from punishment, while others “offer” a chance to come back in another form.

[4] Note: Being born on an island without influence of religion does not mean that one cannot achieve it on his own. After all, Avraham avinu recognized that there must be Hashem – Who not only created the world, but continues to create it and intimately control it.

[5] Chagiga 3b

[6] Devarim 17:11

[7] Sanhedrin 17a