Musings on the Torah

This write-up highlights the Torah's philosophy to punishment, namely, that it's aim is to provide justice, rehabilitation and prevention; not dehumanization and debasement.  In a couple of places, both in Ki Seitzei, the Torah discusses a reality where the demands of justice require a corporal response and yet in both places emphasizes the need to preserve human dignity and that the punishment not spill over into unnecessary degradation and the stripping away of the offender's humanity.  In both cases the Torah employs a word root that bespeaks dishonor and ignominy—קל(ל)ה—to describe the debasement it seeks to avoid. The first (Devarim 21:22-23) centers on where a person need be hung (either as deterrence [Chazal]), or to kill him [e.g., Qumran text, Peshitta]), with the Torah cautioning that it not be overdone, as that will result in unnecessarily mortifying debasement—כִּי קִלְלַת אֱלֹהִים תָּלוּי (,הגר"א דברים כ"א:כ"ג: כי קללת אלהים תלוי – אלהים הוא להפל

This piece attempts to provide some color to a comment of Chazal regarding the Bnos Tzelafchad's חיבת הארץ as well as explain away an apparent inconsistency in a specific Amora's approach to it Bamidbar 27 opens with the daughters of Tzelafchad making their case to share in the distribution of EY by inheriting their sonless father Tzelafachad's portion instead of his brothers. Chazal posit a love for the land of Israel as their motivation, explaining that the reason this narrative is juxtaposed with the previous chapter owes to it being illustrative of an inferred contrast therein that only the men died out in the midbar as only they had cast aspersions on the land (to the extent of wanting to return to Egypt) as opposed to the women that were lovers of the land and wanted to proceed apace even after the report of the spies. Namely, ibid 26:64: וּבְאֵלֶּה לֹא הָיָה אִישׁ מִפְּקוּדֵי מֹשֶׁה וְאַהֲרֹן הַכֹּהֵן אֲשֶׁר פָּקְדוּ אֶת בְּנֵי יִשְׂרָאֵל בְּמִדְבַּר סִינָי with Rash

God reveals Himself to Moshe at the burning bush and tells Moshe that he's being tasked with becoming Israel's redeemer.  Moshe pushes back with various issues that he feels need to be addressed for the mission to be successful. After God addresses them all Moshe ends with the plaintive "Send anyone but me!" continuing his resistance even after starting the mission (large swaths of Shemos 3:11-7:2).  In middle of it all Moshe tells HaShem that he can't imagine that Pharaoh will pay him any attention given that the Israelites hadn't acknowledged him because of his speech trouble (6:12).  The issue is that the Torah clearly spells out that the reason that the Israelites hadn't paid him attention was due to their shortness of breath and debilitating burden—not Moshe's speech impediment (6:9)?  A possible explanation may be that people tend to hyperfocus on their flaws and they loom large in their own vision.  People are often hesitant to take on something

A true leader is one that is not only bothered by injustice but also acts quickly and boldly to remedy it.  Before Moshe is chosen we are told that he goes out to see how his brothers are doing and 1) defends a persecuted Israelite from an egyptian taskmaster; not only is he concerned about his own brethren vs others but also 2) intervenes to protect one Israelite from being assaulted by a fellow Israelite; not only that but he is even bothered by injustice where no Israelite is being victimized at all and 3) helps the defenseless daughters of Kohen Midyan from being driven away from the well.   (R Avraham ben HaRambam notes how this 3rd case demonstrates just how much injustice rankled him: התבונן בקנאותו ע"ה על העושק איך לא סרה ממנו ולא נסוג אחור ממנה אע״פ שלא ברח ממצרים אלא בגלל דבר כזה ואע״פ שהיה גר בארץ ולא נדכאה נפשו היקרה בגלות ולא נשתנתה נטיתו החשובה)  He was very sensitive to injustice and did all that was in his power to remedy it. The foregoing is what we are told about

He may have just had a lot to be fearful of however almost every time we encounter Yaakov he is either nervous or concerned that something bad may happen.  By the berachos with getting caught (Bereishis 27). When leaving for Charan he is reassured by God that he'll be protected until returning and responds with "should that happen and you'll be my God / then you'll be my God etc" (ibid 28). Upon returning and meeting Esav (ibid 32). When Shimon and Levi destroy Shechem (ibid 34). When the brothers are grazing the flocks at Shechem (ibid 37). When Binyamin needs to be sent to Mitzrayim (ibid 43). HaShem reassures him on the way down to Mitzrayim telling him that he needn't be fearful (ibid 46). Asks sons to bury him in mearas hamachpelah even though Yosef swore to that effect already (ibid 49). The Talmud says that the fear from Esav—despite his having been promised safe return—was due to Yaakov's fear of sin potentially undoing the prophecy (Bavli berachos

R. O. Seforno writes (Bereishis 46:3) that had the Israelites stayed in Canaan they would have intermarried and assimilated, never developing a distinct national or religious identity, but being shepherds which was abominable to Egyptians they'd be given their own place to live and allowed to become a distinct national unit.  אנכי האל אלהי אביך – אני הוא שאמרתי  "אל תרד מצרימה" (בראשית כ"ו:ב'), אני הוא שאומר אליך אל תירא מרדה מצרימה – אתה, וזה כי לגוי גדול אשימך שם – כי אמנם אם היו בניך יושבים פה היו מתחתנים בגויי הארץ ומתערבים עמהם, אבל במצרים לא יקרה זה, "כי לא יוכלון המצרים לאכל את העברים לחם" (בראשית מ"ג:ל"ב), ובכן יהיו לגוי נבדל, כאמרם זכרונם לברכה: "ויהי שם לגוי" (דברים כ"ו:ה'), מלמד שהיו מצוינים שם (ספרי שם).  Ramban says that Hebrew was the spoken language in Canaan: רמב"ן בראשית מ"ה:י"ב ויתכן שאמר להם כך לאמתלא ולפיוס, כי איננה ראיה שידבר אדם אחד במצרים בלשון הקדש, כי על דעתי הוא שפת כנען. [כי אברהם ל