Shabbat Parashat Eikev| 5765
Eikev | | 1/2/2004
Twiceinour parasha, the Torah recalls and describes the making of the luchot (the tablets containing the Ten Commandments) and that which was written on them. The first time (Devarim 9: 15-17) it describes the first set of luchot. The second time (10: 1-4) is dedicated to the second set of luchot, given to replace the ones that Moshe smashed.
Case: A couple got divorced and agreed in their settlement to the following arrangement. The wife would receive custody of their two children and would receive permanent, full control of their apartment and furnishings. In return, the mother assumed full responsibility to support the children until age 18. After some time, the mother sued the father on her children’s behalf for child support.
The gemara (Yevamot 90a), in discussing whether the Rabbis can make an injunction that contradicts a Torah law, makes the following distinction. They can make a rabbinic law that requires one to refrain from performing a mitzva (sheiv v’al ta’aseh), but they cannot make a law to force one to act to violate a Torah law (kum va’aseh). Since the gemara (ibid.) compares the Rabbis’ authority to the prophets’, we might assume that prophets can inform the people that they must refrain from performing a mitzva, like that to move to Eretz Yisrael.
This edition of
A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).