Devarim Chapter 20: Exemptions from War
The three types of property mentioned here as causes for deferment of the recruit, i.e. a new house, a new vineyard and a fiancée, represent man’s most cherished accomplishments. They are likely to change a person’s focus so much that by thinking about them his mind cannot be on the requirements of battle. An army, in order to maintain its morale, must first and foremost concentrate wholeheartedly on its immediate objective in order to perform at its optimum. Being burdened with “soldiers” whose mind is preoccupied with personal concerns does not only not improve the strength of an army but, on the contrary, weakens its collective resolve.
If you will examine this paragraph more closely you will discover that it also contains a mystical element. House, vineyard and wife are allusions to the “structure, בנין” of the letters in the Holy name, and their ramifications. You may understand the words of the verse as: “who has built a house and not consecrated it,” as “who has built the house of the Lord and not yet prayed in it?” Such a person should return home and properly dedicate his house so that he will not be struck for his negligence by the attribute of Justice while in battle. His soul would then have to be assigned to another body for the new person to fulfill that soul’s task on earth. Similar considerations apply to people who have planted a vineyard. They have not yet learned that though the Presence of G’d may make its residence on earth, this is in order for us to elevate ourselves to holiness, not for holiness to “descend” to our level. If someone has betrothed a wife to himself but has not yet consummated the marriage, he too has not yet had a chance to translate that union into a higher spiritual level. During the period of betrothal, instead of elevating himself though his marriage to become a whole person, enabling him to pursue דבקות ה', cleaving to HaShem, he has taken only a preliminary step which actually represents a הפרדה, separation from HaShem.
“If a slain person is found lying on the earth, etc.” (Devarim 21,1)
According to the plain meaning of the text the legislation about breaking the neck of the עגלה ערופה, the calf the Torah commands to be killed publicly and to be thrown into a virgin valley, is supposed to be a great trick designed to reveal the identity of the murderer. Maimonides in Moreh Nevuchim 3,40 writes as follows: “the people killing this calf are from the town nearest where the murdered person has been found. In most instances the murderer is a local resident. The elders of that town testify that they had not been negligent in maintaining all the services which are part of a civilized town. It is hoped that the publicity which this procedure attracts will lead to information disclosing the identity of the culprit.”
The sages are already on record that even an unsubstantiated statement by a lowly slave-woman claiming that a certain person is the murderer is sufficient to halt these proceedings (Jerusalem Talmud Sotah 9,1). If the identity of the murderer was known but the townspeople were part of a conspiracy of silence, and they have the audacity to testify in front of their Creator that they did not know the identity of the murderer, this is a great sin and anyone (from outside) who acquires knowledge is called upon to make public what he knows, so that the guilty party will be dealt with either by a court of law, the king, or the relative who is the blood-avenger. The whole incident assumes additional significance in that the site where the calf was killed will forever have to remain virgin earth so that people who observe that this earth is not being used for anything will make inquiries about this.
