Shabbat Parashat Shemot| 5763
Shemot | | 13/01/2002
Moshe Rabbeinu certainly had an unusual path to the leadership of the Jewish people. He started out as an Egyptian prince, fled Egypt and continued his life with the Midianites, and only later was sent by Hashem as a messenger of salvation who suddenly arrived on the Israelite scene. What was the significance of Moshe’s specific and unusual upbringing?
We have seen over the last several weeks how the level of direct testimony needed to verify the death of a husband is reduced significantly from the regular two “kosher” witnesses needed in matters of marriage and divorce. This is a special ruling due to the great need of the agunah, the unlikelihood of finding additional witnesses, the assumption that the man is dead, and the wife’s realization that she will “pay dearly” if the information she relies upon turns out to be false.
The Mechilta seems to say that these halachot apply to monetary law, but we must say that, according to Tosafot, this is only partially so. The Torah says not to argue on the muflah and also not to change one’s opinion and support a position with which he doesn’t agree. However, one can say that only the problem of arguing applies to monetary law, but regarding not withholding one’s personal opinion, this applies only to capital cases.
This edition of Hemdat Yamim is
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).