Thursday, April 25, 2013

witness to evil

The Netziv points out that the punishment of the mekalel was carried out with the participation of the witnesses as well as Beis Din (24:14).  The same is not true with respect to the punishment inflicted on the mekoshesh.  Why did the witnesses need to be involved in the process?  Once they did they duty and testified, let everything else be carried out by the court?

The Netziv reminds you of a Tosefta that you may have missed when he discussed it in Parshas VaYikra (5:1)

וְנֶפֶשׁ כִּי תֶחֱטָא וְשָׁמְעָה קוֹל אָלָה וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע אִם לוֹא יַגִּיד וְנָשָׂא עֲו‍ֹנוֹ:

Why does the pasuk start with the words “nefesh ki techetah?”  The sin is not in the act of witnessing something wrong, as described in the first clause of the pasuk, but is in withholding testimony, as described in the pasuk’s ending.  The words “ki techetah” should appear at the end of the sentence?!

The Tosefta answers that it’s not by accident that an individual happens to be in the right place at the right time to witness a crime.  It’s only because that individual is him/herself guilty in some way, he/she is a “nefesh ki techetah,” that Hashem arranges for him/her to have the misfortune of seeing wrongdoing.   

The witnesses who heard the mekalel commit such a heinous act of blasphemy had to participate in meting out justice as a kaparah for themselves, as they had to make a cheshbon hanefesh to understand why Hashem would cause them to hear and see such a horrible spectacle. 

Anyone who learns this Tosefta and walks away klerring whether it means you have to actually see the bad thing to be guilty or whether seeing it on a TV screen or a website counts as well is beyond missing the point.  I honestly don’t know how to relate to such a vort.  You walk down the streets of NY, you ride the subway, you read a newspaper, etc. and you can’t help but be assaulted with sights and sounds that should revolt any normal human being.  Maybe it’s a bracha that we have become so desensitized that it makes no impression anymore, because if it did, a person would go nuts.  Just the fact that we have to live in such an environment is itself an onesh. 

On a positive note, the Tosefta promises that those who are zakai will see zechuyos.  When you see someone rushing to do a mitzvah, learning Torah, doing chessed, it’s not just their good deed, but it means you’ve done something right as well to be able to witness such a wonderful occurance.

5 comments:

  1. Ah, yes. Living in New York: עבירה ועונשה בצידה

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  2. shaul shapira2:55 PM

    I don't see the Netziv saying that. (I had always heard that b'shem the besht.) If he was, then the same logic should apply to those who saw the mekoshesh. I think he's saying that in the case of mekalel, in order to properly say eidus, the eidim themselves have to do birkas ha'shem, and thus the mekalel has in effect truly caused them to sin.

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  3. L'shitascha it's a special din in the megadef, but the Tosefta is a general din that applies across the board.
    Did you see his chiluk between the megadef and mekoshesh in terms of the impression it made on people? I think that would answer your question.

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    1. shaul shapira1:59 PM

      "L'shitascha it's a special din in the megadef, but the Tosefta is a general din that applies across the board"

      I haven't seen the Tosefta inside, but if it is a general din, I'd have shver why the Netziv shtells it tzu davka here.

      "Did you see his chiluk between the megadef and mekoshesh in terms of the impression it made on people?"

      Not at all. It's that by megadef, the eidim are forced to be megadef *themselves*. i.e. They can't just say yosi yakeh es yosi because then b'd can't be sure the guy was megadef in the first place.

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  4. chaim b.10:30 PM

    >>> I'd have shver why the Netziv shtells it tzu davka here.

    He quotes it earlier in 5:1 and just reminds you here that the same principle also applies. Take a look at what he says.

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