Chpt 21 Vs.1...."And these are the statutes which you will lay before them."

Rashi's first comment on the Sedra focuses on the word "and"........

"Whenever the verse says "These" then the new verse is separate from the previous theme. When the verse says "And these", then it is a continuation of the previous theme. Just as the pervious Judgements in the sedra of Yisro, came from Mount Sinai, these too came from Mount Sinai.

Rashi continues........

"Why does the section of the laws come next to the section about building the Alter? To tell us that the Sanhedrin ( Supreme court ) is to be situated next to the Alter, in the Temple."

Reb Moshe Feinstein ( Drosh Moshe Pg 57 ), whose recent demise left a vacuum for the position of the Judge of the generation, elaborates on these two points.

" Even though we have no Temple for Judges to be located in, a Jewish Judge must sit as though he is in the Temple. This "mind set" should also permeate his teaching and his learning. If this is not his attitude then he is not fitting to be called a Talmud Chochom (Talmud Scholar) and certainly not a judge. He must always be aware that the Law he is dealing with, comes from Sinai."

Reb Yerucham Levovitz ( Daas Torah Pg. 221 ) expands on the Rashi further.

"The laws of Non-Jewish nations and Torah Law are different in every respect. Non-Jewish Law, is the agreement by legislators to formulate law. This is a product of the moral and societal norms of each society. Therefore such Law will vary according to both time and place. It will naturally be riven with inconsistencies and contradictions."

It is obvious that the moral outlook of legislators in the seventeenth century, will be radically different from their contemporary colleagues. It is no longer the case that a person will be executed for stealing a lamb. Today's Western values would not consider that cattle theft deserves death. The law itself, expresses no absolute, eternal truth. A law will be taken up and later discarded, depending on the fashions of society.

It was just a few years ago that the Dutch Parliament unanimously agreed to lower the legal age of consent to twelve! The argument was that, as most twelve year olds are engaging in this sort of behaviour anyway ( at least in Holland ) it makes sense to de-criminalise it.

In this example we see Reb Yerucham's point demonstrated perfectly. Another verity becomes apparent from this case. If one wants to change Law, one must first start by changing the moral climate. The greatest tool for effecting such change is of course the Media. From Emile Zolla's' "J'Accuse" to the "boys" in Hollywood slowly chipping away at what is acceptable, the media creates the moral climate in which Legislators will say "Well, everybody is doing it anyway so ...."

Reb Yerucham continues.....

"In Non-Jewish Law there is not the razor sharp debate examining a piece of legislation to ensure that it is entirely consistent with all other pieces of Law. The Jewish Talmudic protest "Riminuhu !" (This proposed ruling contradicts another piece or pieces of law) will not be found outside Judaism. Certainly the Talmud's constant demand, "From where do you derive this?" requiring strict tracing of all Jewish Law to the one permanent source, is unique."

In Daas Chochmoh Vi Mussar, Vol 3 essay 16, he elaborates still further. The Patriarchs kept all of the Torah before it was actually given on mount Sinai. This was only possible because they raised themselves to the very highest levels of human spiritual growth, so that "They and the Torah became one."

Torah can only be received by those who have prepared and readied themselves

for it.

My Rosh Yeshiva, Reb Leib Gurwicz was a disciple of Reb Yerucham. He recalled that a question was once posed to Reb Simcha Zissel of Kelm whether or not his teacher the great Reb Yisroel Salanter had "Ruach Ha Kodesh" (Divine inspiration)". He replied that the question was misguided. He could certainly testify that the growth and devotion necessary to attain the level of Ruach Ha Kodesh was achieved by his teacher. Whether G-d decided to bestow it, is a separate consideration. The Job of a Jew is to strive to reach the level where such a gift could be given.

A Talmud Chochom is not someone who has learnt a lot. A Talmud Chochom has become that which he has learnt. His words have therefore become Torah.

You can see such giants not by their scholarship but by their character and behaviour. He will have been tested in countless seen and unseen ways over an entire life time. This of course will also distinguish Jewish Law to it's non Jewish equivalent!

I could now cite some recent or contemporary giants of Jewish law and introduce you to the genius of their minds. This essay demonstrates however that such an introduction would be looking from the wrong perspective.

Reb Shlomo Zalman Auerbach, passed away only recently. The following story is told by his pupil Channoch Teller in his book "And from Jerusalem his word" Pg. 120

The parents of a mentally retarded child once came to Reb Shlomo Zalman to seek advice. They had realised that their son needed to be placed in a special school. There were two such institutions which were possibilities. Each had advantages over the other. After they explained their dilemma to Reb Shlomo Zalman, he asked them a question.

"Where is your son, what does he say about all this?"

The parents looked at each other in confusion. It had never occurred to them to tell their son about their plan, let alone discuss it with him. They confessed all this to the Rabbi who became irate.

" Atem Chotim B'Nefesh HaYeled" You are sinning against the soul of the child" he said " You intend to evict him from his home and place him in a strange institution. He must be encouraged....reassured and not made to feel his parents are betraying him!"

Reb Shlomo Zalman then asked to see the boy and the parents hurriedly went and brought their son in front of the sage.

"What's your name my boy?" asked Reb Shlomo Zalman.

"Akiva" replied the child.

"How do you do Akiva" continued the Rabbi, "My name is Shlomo Zalman and I am the Gadol HaDor....the greatest Torah authority in the world. Everyone listens to me and does what I say!"

The parents sat in surprise.

"You are going to be entering a new school soon and I would like you to look after all the religious needs of the school on my behalf." Tears started to fill the eyes of the mother and father.

"I will now give you Semicha ( Rabbinic ordination ) which makes you a Rabbi. This is a very great Honour and I want you to use it wisely."

Akiva went happily to his new school. On several occasions when he was scheduled to come home for the weekend, he refused. He wanted to stay and look after the religious needs of his congregants. He had after all, been charged with this weighty responsibility by none other than the Gadol HaDor, the greatest Rabbi of the generation.