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Can a relative (karov) serve as a judge? The Midrash proves from a hekesh between nega and din that relatives are disqualified even in the sovereign/legislative functions of Beis Din, not just pure judicial clarification. This distinction also explains why women like Devorah could judge—they're qualified for executive authority but not halachic clarification.
This shiur analyzes a complex Midrash that addresses whether a relative (karov) can serve as a judge. Rabbi Zweig begins by noting an apparent contradiction in the Midrash's reasoning: it attempts to prove that relatives are disqualified from judging by comparing judgment (riv) to examining tzaraas (negaim), but the logic seems circular. The resolution lies in understanding two distinct functions of Beis Din established in the previous night's shiur on Parshas Shoftim. There is purely judicial function—clarifying existing halacha (הלכה)—and a sovereign/executive function where Beis Din creates new law or enforces policy. The Chasam Sofer had already established that relatives are disqualified from pure judicial functions based on the verse "lo yumsah av al banim." The Midrash's question concerns whether this disqualification extends to the sovereign function as well.
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Parshas Shoftim
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Why does Rashi describe the Mishkan as "collateral" for Jewish sins? Rabbi Zweig develops the concept that God limited His own collection rights—accepting only the Mishkan's destruction rather than the nation's annihilation. This reflects the relationship of a father who reduces his own claims to ensure his children's survival.
Why does the Torah give a detailed accounting of silver and copper but not gold in Parshas Pekudei? The three metals represent three types of givers: those who give selflessly (gold), those seeking a two-way benefit (silver), and those buying honor (copper). The Midrash's three groups suspecting or praising Moshe reveal more about themselves than about Moshe—we judge others by our own standards.
