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Why does an ir hanidachas receive collective punishment including execution of children? The din is not mishpat but milchamah - God wages war against rebellion (beliya'al), not individual sin. This teaches that Elul's primary avodah is accepting ol malchus Shamayim rather than picking and choosing mitzvos.
The shiur analyzes the difficult laws of ir hanidachas (wayward city) from Parshas Shoftim, particularly the troubling aspects of collective punishment including the execution of children and the appropriation of all property. Rabbi Zweig argues that the key to understanding these laws lies in recognizing that ir hanidachas represents rebellion (beliya'al) rather than mere sin, and therefore requires a response of war (milchamah) rather than judgment (mishpat). The shiur explains that the language of the Torah (תורה) supports this interpretation: the use of 'cherem' (utter destruction), 'lecherev' (by sword), and 'shalal' (booty) are all military terms indicating warfare rather than judicial punishment. This explains why children are killed - not because they sinned, but because in war, the entire enemy population is targeted. It also explains why relatives of the perpetrators might seek revenge, requiring special divine mercy (rachamim) for those who carry out the destruction.
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Parshas Shoftim - Ir Hanidachas
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