The majority of Sefer Devarim is Moshe giving
over his last words of direction to Bnei Yisrael before they enter Eretz
Yisrael. As he would not be entering with them, it was important to Moshe to
give over whatever guidance he could before the nation set out on their own. To
that end, the majority of the laws given over in this sefer deal with matters
on a national level. The justice system, guidelines of leadership, laws of
business, our relationship with Hashem, spiritual guidance and direction; these
are all matters discussed throughout these parshiyos. However, there are a few
laws that seem to have slipped through this filter.
Included in this week’s parsha, Ki
Seitzei, are several halachos pertaining to marriage, divorce, which
relationships are permitted by the Torah and the halachic status of any
offspring that may come from those relationships. These halachos seem to affect
only the few people who are involved in the relationship, so why does Moshe discuss
them here, in the middle of imparting vital information necessary for the
entire nation to understand? Furthermore, there is an entire section in Sefer
Vayikra dedicated to the laws of illicit relationships; why wouldn’t these
halachos be included there as well?
Rabbi Yaakov Kaminetzky explains that the
pesukim clearly teach us that a marriage is not just a celebration for the new
couple and their families, it’s something which affects the entire nation. When
discussing certain people who for various reasons are not allowed to marry
Jewish girls, the Torah uses the phrase, “לֹֽא־יָבֹ֧א בִּקְהַ֥ל
ה' ”,
“They should not enter the congregation of Hashem” (See examples in Devarim
23:2-4). Chazal refer to these people as “פסולי קהל”, those
that are disqualified from becoming part of the Jewish congregation. They are
allowed to become part of the Jewish People, some of them are born Jews,
but they can’t enter the congregation.
Even if you are
already Jewish, there is some aspect of being able to marry another Jew that
allows you to be a part of larger national affairs. This doesn’t mean that a
Jew who is not married is not part of the congregation, since they have the
ability to marry another Jew they certainly are! It’s those who are unable to
marry a Jew who can never be considered part of the קהל.
When a couple marries, this potential is actualized and they become
an official part of the קהל of Bnei Yisrael. This is a celebration for the entire nation!
Therefore, these
halachos have their proper place here in Sefer Devarim. These are halachos that
affect the good of the entire people and will affect the decisions and thought
process of the leaders; their proper place is here, not in Sefer Vayikra.
Shabbat Shalom!
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