Are You So Sure Why Kill Him
Divrei Hisoirerus | August 25, 2023
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Are You So Sure Why Kill Him

Divrei Hisoirerus | December 31, 2025

Following victory in battle Klal Yisrael would take captives. A Jewish soldier may have captured a non-Jewish woman - an eishes yefas to’ar whom, one would have thought, he would be forbidden to marry. However, the Torah was yored l’sof da’ato shel adam - it knew that the temptation would be too great and therefore permitted him to marry her, once she converts. But to encourage him to refrain from going through with the marriage the Torah instructs him to leave her at the entrance of his home, shaven, unkempt, and thoroughly unattractive for a period of thirty days. During this period she cries for her parents - “u’bachsa es aviha v’es ima yerach yamim”.

Thirty Days of Crying

The sefarim compare the thirty-day period during which an eishes yefas to’ar mourns her parents, to the month preceding Rosh Hashanah. During this month of Elul “u’bachsa es aviha v’es ima yerach yamim”, we cry out for our father - Hashem - with the shofar and heartfelt tefila for a full month.

As we go further into the special month of Elul, let us delve deeper to understand its tremendous power. Let us also examine the reason for sounding the shofar, not only on Rosh Hashanah but throughout the month.

How are We So Certain!

Later in Ki Seitzei, the Torah discusses a ben sorer u’moreh - a teenager who rebelled against his parents, and ate meat and wine gluttonously. The Torah is “yored l’sof da’ato”: since he will certainly become a highway robber and kill someone, “mutav she’yamus zakai v’al yamus chayav”.

The Torah is extremely careful with diney nefashos. If there is even the slightest safek - doubt - as to whether somebody truly deserves the death penalty, we refrain from executing him. Moreover, one may - in fact one must - transgress any avera in the Torah in order to save a life (other than the three cardinal sins). In fact, this is true even if it is not certain that the life will be saved, as long as there is a slight chance.

Nevertheless, in the case of the ben sorer u’moreh a young boy who is not transgressing any Torah prohibition, is killed al shem sofo! How are we so sure what the future will bring? How do we know with such certainty that he will end up transgressing terrible sins?

The Power of the Beginning

At what age can a boy be considered a ben sorer u’moreh? It is only a period of three months, following his bar mitzvah.

R’ Pinkus explains that this is the power of new beginnings. When a child is that age – bar mitzvah – he is about to begin his life as a fully-fledged member of Klal Yisrael. How he acts at that time sets a pattern and influences the rest of his life. By contrast, if he behaves in this way six months or a year later it does not have as detrimental an effect. It is the beginning that has the most powerful impact.

Elul

Elul is a time of new beginnings. A new start does not only take place at Rosh Hashanah but throughout the entire month that precedes it. The mazal of the month of Elul is a besulah, which represents a new beginning, just like a new-born child.

This is why Elul is so important. The entire year, in fact our entire lives, are dependent on this “yerach yomim”, on our conduct during these thirty days. It is therefore of utmost importance to seek out Hashem - “u’bachsa es aviha v’es ima yerach yamim”. We must use this newness, this freshness and opportunity to cry out to Hashem, repent, and return to Him.

(This is why the Torah discusses the seemingly unrelated topic of pi shtayim of a bechor immediately prior to the passage of the ben sorer u’moreh. Why does a bechor receive pi shtayim and why does the Torah insist that we do not alter the inheritance? The Shem miShmuel explains that it is because the bechor represents the start - his conduct sets the tone for the entire family and for all the children who follow him. Likewise, the Torah elaborates on the importance of the first year of marriage, exempting a newly-wed husband from going to war. Again this is because the first year is the beginning of a new relationship, the beginning of a new family, which will affect all of the years in the future.)

Returning to the mitzvah of shofar. The following are some inspirational words from R’ Pinkus (that he did not merit to publish):

The Distant Village

There was once a king who lived in the capital city. There was a distant village that was also part of his kingdom but which was hard to reach. As the Mishna teaches us, when a king’s authority isn't felt chaos ensues - “People swallow each other alive.” He therefore established a clear system of law and justice in the village, which also embodied his kindness and compassion. He dispatched policemen and judges to oversee it.

A man in this faraway village broke the law. He was jailed and brought to the judge for a trial. The judge heard the case, examined the evidence thoroughly, studied the law book provided by the king, and came to the conclusion that the man was liable for an exceptionally harsh punishment. Upon hearing the verdict the devastated man threw himself down before the judge and pleaded, “Please, your Honor. Grant me clemency! It’s true I did wrong, but I beg of you... I have a family and children... and also, your Honor, you are a relative of mine.”

The judge replied: “Let it be known that I have received a specific legal system from the king, the purpose of which is to regulate the administration of justice in this country. If I ignore this system I will thereby undermine the rule of law in this country. Everyone has reasons to be granted special clemency but it is not possible to deviate from the king’s legal system. If not for this system, the whole country would devolve into chaos!”

When the King Arrived

A few weeks later, the king himself came to administer justice in the province. This man who had been sentenced hurried over to the king and pleaded: “Please Your Highness, grant me clemency... you are a kind king, and also, I am a relative of yours.” The king replied, “I grant you clemency.”

One of the ministers whispered to the king: “If this man is given clemency it damages the entire judicial process. It will wreak chaos in this province.” The king replied: “The reason for the justice system is because I am not present to administer justice. When I am here, the village doesn’t need to operate according to a set legal system. Things are presently being run by the king himself. Furthermore, the legal system is nothing but the fruit of my wisdom, and I am the one exonerating this man. I can grant clemency to whomever I see fit.”

Hashem rules and judges the world according to a system of law and justice. Everyone in the world passes before Him like sheep walking in single file. There is no way out, no way to escape the legal system. The King’s justice is planned carefully, with wisdom and mercy, according to kindness and according to justice. There is no possibility of deviating from the rules, because the world will then sink into chaos.

The Closeness of Elul!

However, during the month of Elul Hashem is no longer far away; he is among us, out in the fields. We sound the shofar before the King, thereby coronating Him, declaring that he is our ruler in this faraway “province” that we inhabit. The King is now here, He rules over us, and is the One administering justice. After we sound the shofar things don’t go according to the legal system. When the radiance of Hashem’s face shines upon us, when the King Himself is here with all His love and all His mercy, the kindness He grants is unlimited.

This is the power of the shofar, of the month of Elul. Not only is it a new beginning, it is also a time when Hashem is close at hand. This is the time of extra rachamim. In order to receive it, we must ask the King for forgiveness while He is close by. If we do not cry out for help we will not get it.

Let us make full use of this special time, these days of closeness to Hashem. Let us cry out to Him for the entire yerach yamim and may these days of hischadshus mark the beginning of a new and close relationship with Hashem.

Following victory in battle Klal Yisrael would take captives. A Jewish soldier may have captured a non-Jewish woman - an eishes yefas to’ar whom, one would have thought, he would be forbidden to marry. However, the Torah was yored l’sof da’ato shel adam - it knew that the temptation would be too great and therefore permitted him to marry her, once she converts. But to encourage him to refrain from going through with the marriage the Torah instructs him to leave her at the entrance of his home, shaven, unkempt, and thoroughly unattractive for a period of thirty days. During this period she cries for her parents - “u’bachsa es aviha v’es ima yerach yamim”.

Thirty Days of Crying

The sefarim compare the thirty-day period during which an eishes yefas to’ar mourns her parents, to the month preceding Rosh Hashanah. During this month of Elul “u’bachsa es aviha v’es ima yerach yamim”, we cry out for our father - Hashem - with the shofar and heartfelt tefila for a full month.

As we go further into the special month of Elul, let us delve deeper to understand its tremendous power. Let us also examine the reason for sounding the shofar, not only on Rosh Hashanah but throughout the month.

How are We So Certain!

Later in Ki Seitzei, the Torah discusses a ben sorer u’moreh - a teenager who rebelled against his parents, and ate meat and wine gluttonously. The Torah is “yored l’sof da’ato”: since he will certainly become a highway robber and kill someone, “mutav she’yamus zakai v’al yamus chayav”.

The Torah is extremely careful with diney nefashos. If there is even the slightest safek - doubt - as to whether somebody truly deserves the death penalty, we refrain from executing him. Moreover, one may - in fact one must - transgress any avera in the Torah in order to save a life (other than the three cardinal sins). In fact, this is true even if it is not certain that the life will be saved, as long as there is a slight chance.

Nevertheless, in the case of the ben sorer u’moreh a young boy who is not transgressing any Torah prohibition, is killed al shem sofo! How are we so sure what the future will bring? How do we know with such certainty that he will end up transgressing terrible sins?

The Power of the Beginning

At what age can a boy be considered a ben sorer u’moreh? It is only a period of three months, following his bar mitzvah.

R’ Pinkus explains that this is the power of new beginnings. When a child is that age – bar mitzvah – he is about to begin his life as a fully-fledged member of Klal Yisrael. How he acts at that time sets a pattern and influences the rest of his life. By contrast, if he behaves in this way six months or a year later it does not have as detrimental an effect. It is the beginning that has the most powerful impact.

Elul

Elul is a time of new beginnings. A new start does not only take place at Rosh Hashanah but throughout the entire month that precedes it. The mazal of the month of Elul is a besulah, which represents a new beginning, just like a new-born child.

This is why Elul is so important. The entire year, in fact our entire lives, are dependent on this “yerach yomim”, on our conduct during these thirty days. It is therefore of utmost importance to seek out Hashem - “u’bachsa es aviha v’es ima yerach yamim”. We must use this newness, this freshness and opportunity to cry out to Hashem, repent, and return to Him.

(This is why the Torah discusses the seemingly unrelated topic of pi shtayim of a bechor immediately prior to the passage of the ben sorer u’moreh. Why does a bechor receive pi shtayim and why does the Torah insist that we do not alter the inheritance? The Shem miShmuel explains that it is because the bechor represents the start - his conduct sets the tone for the entire family and for all the children who follow him. Likewise, the Torah elaborates on the importance of the first year of marriage, exempting a newly-wed husband from going to war. Again this is because the first year is the beginning of a new relationship, the beginning of a new family, which will affect all of the years in the future.)

Returning to the mitzvah of shofar. The following are some inspirational words from R’ Pinkus (that he did not merit to publish):

The Distant Village

There was once a king who lived in the capital city. There was a distant village that was also part of his kingdom but which was hard to reach. As the Mishna teaches us, when a king’s authority isn't felt chaos ensues - “People swallow each other alive.” He therefore established a clear system of law and justice in the village, which also embodied his kindness and compassion. He dispatched policemen and judges to oversee it.

A man in this faraway village broke the law. He was jailed and brought to the judge for a trial. The judge heard the case, examined the evidence thoroughly, studied the law book provided by the king, and came to the conclusion that the man was liable for an exceptionally harsh punishment. Upon hearing the verdict the devastated man threw himself down before the judge and pleaded, “Please, your Honor. Grant me clemency! It’s true I did wrong, but I beg of you... I have a family and children... and also, your Honor, you are a relative of mine.”

The judge replied: “Let it be known that I have received a specific legal system from the king, the purpose of which is to regulate the administration of justice in this country. If I ignore this system I will thereby undermine the rule of law in this country. Everyone has reasons to be granted special clemency but it is not possible to deviate from the king’s legal system. If not for this system, the whole country would devolve into chaos!”

When the King Arrived

A few weeks later, the king himself came to administer justice in the province. This man who had been sentenced hurried over to the king and pleaded: “Please Your Highness, grant me clemency... you are a kind king, and also, I am a relative of yours.” The king replied, “I grant you clemency.”

One of the ministers whispered to the king: “If this man is given clemency it damages the entire judicial process. It will wreak chaos in this province.” The king replied: “The reason for the justice system is because I am not present to administer justice. When I am here, the village doesn’t need to operate according to a set legal system. Things are presently being run by the king himself. Furthermore, the legal system is nothing but the fruit of my wisdom, and I am the one exonerating this man. I can grant clemency to whomever I see fit.”

Hashem rules and judges the world according to a system of law and justice. Everyone in the world passes before Him like sheep walking in single file. There is no way out, no way to escape the legal system. The King’s justice is planned carefully, with wisdom and mercy, according to kindness and according to justice. There is no possibility of deviating from the rules, because the world will then sink into chaos.

The Closeness of Elul!

However, during the month of Elul Hashem is no longer far away; he is among us, out in the fields. We sound the shofar before the King, thereby coronating Him, declaring that he is our ruler in this faraway “province” that we inhabit. The King is now here, He rules over us, and is the One administering justice. After we sound the shofar things don’t go according to the legal system. When the radiance of Hashem’s face shines upon us, when the King Himself is here with all His love and all His mercy, the kindness He grants is unlimited.

This is the power of the shofar, of the month of Elul. Not only is it a new beginning, it is also a time when Hashem is close at hand. This is the time of extra rachamim. In order to receive it, we must ask the King for forgiveness while He is close by. If we do not cry out for help we will not get it.

Let us make full use of this special time, these days of closeness to Hashem. Let us cry out to Him for the entire yerach yamim and may these days of hischadshus mark the beginning of a new and close relationship with Hashem.

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