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Why does the Torah (תורה) mandate both judges (shoftim) and enforcers (shotrim) in every city? The shiur reveals that the Torah's judicial system places ultimate responsibility for punishment directly on the judge, not a separate executive branch. This creates a fundamentally different system where enforcement aims at the defendant's genuine acceptance of the justice of the ruling.
This shiur provides an in-depth analysis of the opening verse of Parshas Shoftim, exploring the Torah (תורה)'s unique system of judicial authority through Rashi (רש"י)'s commentary. Rabbi Zweig begins by examining the apparent inconsistency in Rashi's definitions of 'shotrim' between Parshas Devarim and Parshas Shoftim. In Devarim, Rashi defines shotrim broadly as those who bring people to court and enforce compliance. However, in Shoftim, Rashi narrows the definition to those who punish only after judgment has been rendered. The shiur identifies the textual problem that drove Rashi to this interpretation: the verse states 'shoftim v'shotrim titein lecha' followed by 'v'shoftu es ha'am mishpat tzedek.' Grammatically, both the judges and enforcers are the subject of 'v'shoftu' (they shall judge), yet shotrim should logically perform 'v'shitru' (they shall enforce). This linguistic challenge leads Rashi to conclude that shotrim in this context are integral to the judicial process itself.
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Why does the Midrash connect Pharaoh's expulsion of the Jews to the mitzvah of shiluach hakan? The shiur develops a chiddush that Pharaoh's sin wasn't only drowning the children, but the insensitivity of expelling the parents afterward. The deeper analysis reveals that Pharaoh may have valued the Jews greatly and wanted to control them—making his expulsion an act of tremendous cruelty, not liberation.
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Parshas Shoftim 16:18
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