OU Torah Insights

By Rabbi Avraham Fischer. A publication of the Orthodox Union in cooperation with the Seymour J. Abrams Orthodox Union Jerusalem World Center

Parshat Shoftim
4 Elul 5764 - August 20-21, 2004

Moshe warns against falling under the influence of the very people the Israelites will dispossess:
When you have come to the land which Hashem, your G-d, gives you, you shall not learn to imitate the abominations of those nations. There shall not be found among you one who passes his son or his daughter through the fire, one that uses divination (KOSEM KESAMIM), a soothsayer (M’ONEN), or an enchanter (U’MENACHESH), or a sorcerer (U’MECHASHEF); or a charmer (V’CHOVER CHAVER), or one that consults a ghost (V’SHOEL OV) or a familiar spirit (V’YID’ONI), or a necromancer (V’DORESH EL HA’METIM). For it is an abomination to Hashem anyone who does these; and because of these abominations Hashem, your G-d, is driving them out before you. You shall be wholehearted with Hashem, your G-d. For these nations, which you are inheriting, listen to soothsayers and diviners; but as for you, not so has Hashem, your G-d, given you. A prophet from your midst, from your brethren, like me, shall Hashem, your G-d, raise for you; to him shall you listen (Devarim 18:9-15).

Our Sages define each of the terms utilized by others to know the future (see Sifri 171, 172; Sanhedrin 65b; Rashi; Rambam “Laws of Idolatry”, chapter 11):
One that uses divination (KOSEM KESAMIM) “tells the future” using a wand, sand, stones or an iron mirror.

A soothsayer (M’ONEN) makes plans depending on astrology or other “fortuitous” times.

An enchanter (U’MENACHESH) decides how to behave based on random events, such as one’s bread falling from his mouth, a deer [or a black cat!] crossing his path, or his staff falling from his hand.

A sorcerer (U’MECHASHEF) effects changes by means of supernatural powers.

A charmer (V’CHOVER CHAVER) gathers snakes or scorpions or other creatures to one place.

One that consults a ghost (V’SHOEL OV) causes the dead to speak from his bosom, while
A familiar spirit (V’YID’ONI) places a bone of the creature yaddoa in his mouth which then speaks magically.

A necromancer (V’DORESH EL HA’METIM) starves himself, sleeps in a graveyard or consults a skull in order for the spirit of the dead to communicate with him.

The Torah cautions us against dabbling in the occult, because
not so has Hashem, your G-d, given you.

Rashi says:
“[Hashem does not permit you] to listen to soothsayers and diviners, for behold, He has caused the Divine Presence to rest on the prophets and the Urim v’Tumim.”

Hashem has a better way for us to be guided, as Sforno (R. Ovadia ben Yaakov Sforno, c. 1470-c.1550) says:
“The words of the soothsayers and diviners regarding you will not come true, as the [Sages] said ‘There is no fortune (mazel) for Israel’” (Shabbat 156a) [This means that Jews do not subscribe to astrology, as they are ruled only by Hashem].

The practices of enchantment were prohibited previously (Vayikra 18:3, 19:26, 31). The punishment for one that consults a ghost or a familiar spirit is death by stoning (Vayikra 20:27). The Torah also prescribes the death penalty for a sorcerer (Shemot 22:17), and the Talmud (Sanhedrin 67a-b) derives that the form of execution is also stoning. Other forms of witchcraft are punished by lashes (Rambam, “Laws of Idolatry” 11:4, 7, 9, 10, 13). Ramban adds that not only is being a necromancer prohibited, but so is consulting one. We are to put our wholehearted trust in Hashem, and listen to the prophet He will send (verses 16-22).

In discussing the sorcerer the Talmud (Sanhedrin 67a-68a) draws a distinction: only one who “performs an action” is liable for stoning, not one who “captures the eyesight” (ochez et ha’einayim), which Rashi explains us sleight-of-hand, an illusion, where one gives the impression of performing magic but is really doing nothing. Nevertheless, “capturing the eyesight” is forbidden.

Rambam (Sefer HaMitzvot, Negative Commandment # 32) decries this:
“major type of cunning combined with deftness of hand, until it seems to people that one is doing that which has no truth to it. This is as we often see: they take a rope and, placing it in the folds of their garment, produces a snake, or another throws a ring into the air and then produces it from a member of the audience.”
[Therefore, many modern day authorities prohibit magic as a form of entertainment (see R. Ovadia Yosef (1920- ) in Yabi’a Omer, III; Chochmat Adam (R. Avraham Danzig, 1748-1820), quoted in Pitchei Teshuva (R. Avraham Tzvi Hirsch Eisenstadt, 1813-1868) on Shulchan Aruch Yoreh Deah chapter 179.)]

Rabbi Akiva, in the name of Rabbi Yehoshua, illustrates further:
“Two people can pick cucumbers, but one is exempt and one is liable. The one who does an action is liable, but the one who ‘captures the eyesight’ is exempt.”

This example is taken from an incident involving Rabbi Akiva himself and Rabbi Eliezer. As our verse says,
you shall not learn to imitate,
meaning that only learning for the purpose of practicing sorcery is forbidden. However, a judge must learn about forbidden sorcery in order to judge cases that might come before him. Accordingly, Rabbi Akiva asked, and Rabbi Eliezer demonstrated picking cucumbers through sorcery. This type of demonstration is permitted.

Abaye summarizes:
“The laws of sorcery are similar to the laws of Shabbat, in that certain actions are liable for stoning, certain ones are exempt from stoning but prohibited, and some are permitted.”

Abaye’s comparison to the laws of Shabbat is instructive. Throughout the week we harness the natural forces for creativity, but we refrain from doing so on Shabbat. Perhaps this is why the passage begins
When you have come to the land which Hashem, your G-d, gives you.
In Israel, where every act of human creativity helps to develop the land, we need to be reminded all the more that our actions must be defined by holiness.

"Ain Torah K'Torat Eretz Yisrael!"- Torah from Aloh Na'aleh*
Parshat Shoftim

Murder in Rio de Janeiro or in Tel Aviv, which is worse? Well, the Mishnah teaches: "Whoever destroys one Jewish soul is considered as if he destroyed an entire world" (Sanhedrin 4:5). Murder is murder is murder.

Two mitzvot associated with homicide - arei miklat (cities of refuge) and eglah arufah (a heifer whose neck is broken) - appear in Parashat Shofetim. If we properly establish cities of refuge, we can avoid the stain to which the Torah refers: "That innocent blood be not shed in your land which Hashem your God gives you for an inheritance"(Devarim 19:10). The parallel verse in Parashat Mas'ei speaks of the Land as polluted by the innocent blood shed upon it.

Two points are noteworthy. First, the verses relating to these mitzvot emphasize the impact murder has on the earth and on the Land. Secondly, both arei miklat and eglah arufah are practiced only in Eretz Yisrael. Ramban (Vayikra 18:25) points out the apparent anomaly in that the violation of certain prohibitions relating to personal conduct and not at all dependent on the land have a catastrophic effect on the Land itself. Included in this category are sexual immorality, spilling of innocent blood and idolatry. Ramban explains that already at the world's creation Hashem placed Eretz Yisrael at the center of the inhabited earth, even though He, of course, is King of the entire world. Hashem separated Am Yisrael from all the nations, giving us Eretz Yisrael - His special portion.

Although true that murder is murder wherever it is perpetrated, one cannot compare someone who sins in his own backyard to someone who sins in the King's palace. To inhabit God's Holy Land is Am Yisrael's privilege, a privilege which also bears challenge and responsibility.

Rabbi Shalom Kurz

Rabbi Shalom Kurz served as rabbi of Congregation Beth Tefilah in London, Ontario prior to making aliya with his wife and children in 1992. Currently he teaches limudei kodesh at the Yeshiva Tichonit Mada'it in Rishon L'Tzion and serves as rabbi of Kehillat Hagivah in Beit Shemesh.


*D’var Torah from Aloh Na'aleh: an initiative of former North American Rabbis and laymen who successfully made Aliyah, aimed at highlighting the centrality of Israel and promoting Aliyah. They send emissaries – Rabbis, academicians, and others – on speaking-tours throughout the U.S. and Canada.

Contact information:

Rabbi Yerachmiel Roness , Exec. Dir., Aloh Naaleh,
At the OU Center, 22 Keren HaYesod
Alohnaaleh@israelcenter.co.il
Tel.(02) 566-7787 ex. 254


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