An in-depth analysis of the apparent contradiction between the Torah (תורה)'s general reluctance to impose capital punishment and the reward given to Pinchas for zealously killing Zimri, exploring the concept of kanos (zealousness) and its relationship to sovereignty and covenant.
This shiur addresses a fundamental question about the law of kanos (zealousness) as exemplified by Pinchas killing Zimri. The speaker begins by highlighting an apparent contradiction: while the Mishnah (משנה) in Makkos states that a court that executes once in seven years (or seventy years) is considered murderous, and Rabbi Akiva would find legal stratagems to avoid all executions, Pinchas is rewarded for killing Zimri without prior warning or proper witnesses. The Rambam (רמב"ם) explains that living with a non-Jewish woman is tantamount to 'marrying an idol,' representing a complete rejection of the covenant with Hashem (ה׳). This creates a fundamental distinction between two types of sin: one where a person accepts the law's authority but violates it anyway, and another where the person rejects the law's authority entirely. When someone lives with a non-Jewish woman, they effectively secede from the covenant of Abraham, placing themselves outside the protection of Jewish law. In such cases, the normal judicial protections (prior warning, two witnesses, court proceedings) don't apply because the person has rejected the very system that would protect them. Instead, the law of kanos operates under the sovereign power of the nation, similar to martial law or the law of 'morei b'malkhus' (rebelling against the king). Pinchas acts not as a private individual but as a representative of divine sovereignty, carrying out what is essentially an act of war against someone who has seceded from the covenant. The reward of 'brit shalom' (covenant of peace) seems paradoxical for an act of killing, but it actually makes perfect sense. Without a reaction to Zimri's behavior, the entire Jewish people would lack unity - if one person can leave the covenant without consequence, then the group itself has no cohesion. Pinchas's action creates true peace by establishing that the covenant is indivisible. The broken vav in 'shalom' symbolizes this dynamic: there's separation (the break) but also inclusion (the letter remains whole), representing how even Zimri, through his punishment, becomes a sacrifice that provides atonement. This explains why Zimri's name appears only in this week's parsha (after his death) rather than last week's (during the actual incident) - his punishment reinstates him as a lesson for the Jewish people. The emphasis on both Zimri and Kozbi being from royal families highlights that kanos requires someone acting with sovereign authority, willing to confront even princes and nobility. The tribes' criticism of Pinchas (mentioning his grandfather Yitro's idolatrous past) challenges his aristocratic credentials necessary for sovereign action. The response is that Pinchas derives his sovereignty from his other grandfather, Aaron the High Priest, who possessed the 'crown of priesthood' (keter kehunah), particularly manifest in the power to bless the people (birkat kohanim) - the priestly function that gives rather than receives.
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Parshas Pinchas 25:10-13
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