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Why does the Torah (תורה) limit malkus to 39 rather than 40 lashes? The shiur develops that malkus serves as spiritual rehabilitation - creating a "new person" through a 40-stage process. Only 39 lashes are given because the fortieth would damage the indestructible pure part of every Jew that remains untainted by sin.
This shiur analyzes the Torah (תורה)'s laws of malkus (lashes) in Parshas Ki Seitzei, focusing on the seemingly contradictory verses about disputes, judgment, and the limitation of punishment to 39 rather than 40 lashes. Rabbi Zweig begins by examining Rashi (רש"י)'s comment that when there is a "riv" (quarrel) between people, there cannot be shalom, questioning why court proceedings themselves cannot create reconciliation. The shiur develops a fundamental distinction between different types of disputes. A regular argument involves people wanting something for themselves, which allows for negotiation and shalom. A "riv," however, represents a destructive quarrel where one party's sole motivation is to harm the other, not to gain anything for themselves. This explains the connection to eidim zomemim (false witnesses) - they gain nothing from their false testimony except the ability to hurt their victim.
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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 Ki Seitzei 25:1-3
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