Shabbat Parashat Ki Tetzei| 5764
Ki Teitzei | | 1/8/2003
The Torah writes: “When you build a new house, you shall make a fence for your roof, and you shall not place blood in your house, should the one who falls fall from it” (Devarim 22:8). What does the fence accomplish? Will it really save someone, or will its absence really cause someone’s death if it is Divinely decreed that he should either live or die? This dilemma is actually one of the applications of a major, theological question.
Case: A couple presented the regional court with a divorce agreement, in which it was agreed that after divorce, the joint apartment would remain in the wife’s possession. Subsequently, the husband decided to back out of the agreement, and the matter was in the process of adjudication in the regional court. In the meantime, the court ordered a tzav hafrada (a court order that forces the husband to stay away from the place of their joint residence to date) until the end of the proceedings. The Court of Appeals heard the husband’s claim that beit din did not have the authority to give such an order, as that was not within the subject matter of the court case.
The Rambam (Kilayim 1:4) says that the prohibition on sowing seeds of different species (kilei zeraim) applies only to plants that are for edible food, as opposed to bitter grasses. However, the Kesef Mishneh (ad loc.) asks from the mishna (Kilayim 5:8) that the only criterion is that they are the type of vegetation that one is usually interested in keeping. He also cited a Yerushalmi that the laws of kilayim apply to zunin (a certain species) because they are eaten by birds.
This edition of Hemdat Yamim
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).