Tuesday, August 25, 2009

Parshat Ki Teitzei: Ben Sorer U'Moreh - The Practicality of What Never Was and Never Will Be

Parshat Ki Teitzei is filled with mitzvot, 72 in total. One of the most intriguing mitzvot is that of the ben sorer u'moreh, the rebellious son, who after not listening to his parents and failing to reform his gluttonous and drunken ways, is put to death by the residents of his city. (See Devarim 21:18-22)
A braita quoted by the Gemara in Masechet Sanhedrin (71a) notes:
בן סורר ומורה לא היה ולא עתיד להיות
(The case of a) rebellious son never happened and never will happen

The fact that the Torah presents us with a set of laws that has no practical ramifications is theologically troubling. The Gemara addresses this issue and explains:
ולמה נכתב? דרוש וקבל שכר
Why then was it written? So that you should learn about it and receive reward


The Gemara teaches that the practical significance of the ben sorer u'moreh and its worthiness of being included in the Torah lies in its value as Torah, which can be learned and used to fulfill the halachic imperative of Talmud Torah.
The explanation of the Gemara still leaves us with many unanswered questions. The Kli Yakar, Rabbi Shlomo Efraim Luntschitz (1550-1619), quotes the braita from Sanhedrin and asks three questions:
ומכל מקום חל עלינו חובת ביאור דבר זה למה כתבה תורה דבר שאינו בנמצא כלל. גם יש להתבונן במה שנאמר כאן וכל ישראל ישמעו ויראו יותר מבשאר מצוות פרטיות. ועוד למה לא נאמר כאן ולא יזידון עוד כמו שנאמר בפרשת שופטים.
Nevertheless it is incumbent upon us to explain why the Torah would write about something that does not exist! Furthermore why does the Torah state the purpose of the mitzvah, "so that all of Bnei Yisrael will hear and fear," something which it does not do by other mitzvot? Finally, why does the Torah not state the reason for punishment as being, "so that they shall not sin willfully anymore," as it does in Parshat Shoftim (regarding the punishment of the rebellious elder)?


The Kli Yakar answers his final question first and explains that the reason for the punishment is not to prevent people from sinning willfully in this manner because there is no real concern that it will ever happen. According to the Gemara the ben sorer u'moreh never happened and never will happen, so the purpose of the punishment cannot be to prevent people from sinning willfully anymore if it never happened in the first place.
Rabbi Luntschitz goes on to explain that the fact that the case of the ben sorer u'moreh never happened is proof that the Torah obtained its intended objective. The ben sorer u'moreh could have happened, but the punishment was, and is such a deterrent that it has eliminated the possibility of such a case ever taking place. When the Gemara states that the purpose of ben sorer u'moreh is to learn and receive reward, it is speaking in practical terms - given the harsh punishment, no child will ever do such things, so it serves no practical purpose in our lives other than its inherent value as Torah, which can be learned.
However the Kli Yakar questions his own approach by pointing out that the pasuk tells us,
וכל ישראל ישמעו ויראו
And all of Israel will hear and fear

The Torah does not say "and all of the children will hear and fear", rather it says that "all of Israel will hear and fear", both man and child. Given this formulation, the mitzvah must serve as a deterrent for all of the Jewish people, not just children.
Therefore the Kli Yakar concludes that there is a tremendous lesson to be learned from the case of ben sorer u'moreh for all Jews. Oftentimes the Jewish people are referred to as banim, children of God. Ben sorer u'moreh teaches us that even though we are God's children we should not think that we get a free pass. The parents of the ben sorer u'moreh are the ones who turn him into the authorities; so too, the Jewish people should not think that just because God is our Father, He will look the other way when we do wrong. In fact, it is just the opposite, as His children we are held to a higher standard.
The message of the ben sorer u'moreh is that we as Jewish people must realize that as the banim of God, we carry a tremendous responsibility to sanctify His name. If we accept this responsibility and perform our duties as an or la'goyim, we will, in the words of the Gemara, receive reward; if we ignore our obligations we will have the same fate as the ben sorer u'moreh.




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