🕯️ 4 Elul · The names of the parashot accompany the ascent toward Rosh Hashanah Re'eh before Rosh Chodesh Elul · Shoftim, the seven gates · Ki Tetze, the war · Ki Tavo, the entry · Nitzavim, the Day · Haazinu, the pardon
Ki Tetze — The Ben Sorer u-Moreh: the impossible trial
Parashat Ki Tetze · Elul · 5786 · Class 1
The Ben Sorer u-Moreh — The Impossible Trial
A din the Sages declare theoretical · The Zohar's secret: the son is Israel
A class by M. Yehouda Himi
🕯️ In memory of Rav Ron Chaya zt”lThis shiur is also dedicated to the memory of Rav Ron Chaya zt”l, who devoted his life to spreading Torah, awakening return, and strengthening a true peace — a peace rooted in holiness, responsibility, and truth.May the merit of the tzaddik protect us and all Israel. May his soul be bound in the bond of life. Amen.
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Ki Tetze — Class 1 · The Ben Sorer u-Moreh: The Impossible Trial
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The Ben Sorer u-Moreh — The Impossible Trial
M. Yehouda Himi · Parashat Ki Tetze · 4 Elul · Class 1

"When you go out to war against your enemies" — on the level of mussar, man's number one enemy is the yetzer hara. "And you will capture his captives": what the yetzer took from you — your mitzvot — go to war and take them back.

One averah drags another: the yefat toar → two wives, one loved, one hated → the ben sorer u-moreh. An extremely harsh din — stoned over meat and wine?

The Sages pile on conditions — no older than 13 years and three months, stealing from his father, and father and mother having the same voice — until the conclusion: "he never existed and never was created." Then why does the Torah write it? Derosh vekabel sakhar — expound and receive reward.

The Zohar reveals: the son is Israel. The father — the Holy One, blessed be He; the mother — the Shekhinah. And one thing alone can annul the din at the last moment…

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1 Elul Written into the Names of the Parashot

Today is the 4th of Elul, and we read Ki Tetze. As we have said, the names of these parashot match the time we are moving through. Re'eh fell before Rosh Chodesh Elul — see, Elul is coming. Then Shoftim: "judges and officers shall you appoint for yourself" — a person has seven gates, and he must know what he lets in and out, what he looks at, what he smells, what he hears. This is how the masters of mussar bound these names to the days we are living.

Ki Tetze la-milchamah — and if you won that war, the next parashah will be Ki Tavo: "you will come to the land that Hashem gives you as an inheritance and dwell in it" — because you defeated the yetzer hara. Then Nitzavim, as Rosh Hashanah draws near: "You stand today" — the holy Zohar says "the day" is Rosh Hashanah, from the verse in Iyov: "And it was the day, and the sons of God came to present themselves — and the Satan too among them." Then Haazinu, already facing Yom Kippur — the end of its song says vekhiper admato amo: we hear the word Kippur in it. And if, with God's help, we pass through it all in peace — Sukkot, Simchat Torah — then Vezot Haberakhah: blessing for the whole year.

2 "You Will Capture His Captives" — The War Against the Yetzer Hara
When you go out to war against your enemies, and Hashem your God delivers him into your hand, and you capture his captives Devarim 21, 10

In the plain sense, this is going out to actual war. But it can also be read through mussar, fitting these days of Elul: who is man's number one enemy? The yetzer hara.

And here is the question: "you will capture his captives"shivyo. It should have said shivyekha, your captives: if the enemy seized something that belongs to you, it is yours. Why "his captives"?

What did the yetzer hara take from you? The mitzvot. Go out to war against him and take those mitzvot back — and with them, God willing, you will come out of the judgment vindicated.
3 One Averah Drags Another — From the Yefat Toar to the Ben Sorer

From here the Torah rolls on — as they say, an averah drags an averah, a mitzvah drags a mitzvah. If you went to war and took captive an eshet yefat toar because you desired her, it has a price. In those days, when armies went to war, the enemy's women feared being killed: they would adorn themselves before the enemy to entice them and stay alive. There is a halakhic dispensation within the framework of war.

But to check that you truly want her — and not merely because of the high adrenaline of battle — the Torah says: bring her home. She will remove simlat shivyah, her beautiful garment, for plain clothes; "and she shall do her nails" — not today's manicure: either let them grow so she becomes unattractive, or cut them if the fashion is precisely long nails — and of course she shaves her hair.

And the consequence: you come home, your wife is waiting — now you have two wives. Immediately afterwards it is written: "If a man has two wives, one loved and one hated." Who is the hated one? The one he took captive — the one he will end up hating. And the firstborn of the hated one? "If a man has a wayward and rebellious son"you received a complete ben sorer u-moreh. Now deal with him. This is what an averah dragging an averah means.

4 The Peshat — An Extremely Harsh Din
If a man has a wayward and rebellious son, who does not listen to the voice of his father or the voice of his mother; they chastise him, and he does not listen to them Devarim 21, 18

According to the peshat of the Torah, this is a very harsh din. This son has discipline problems; they chastise him and he does not listen — he scoffs at them. What do we do in such a case? Take him to an educational counselor? To a Rav who will talk with him? No — according to the Torah: "his father and mother shall seize him and bring him out to the elders of his city," and they shall say: "this son of ours is wayward and rebellious, he does not listen to our voice — zolel vesove, a glutton and a drunkard."

Gentlemen — what did this child do to you? Zolel vesove. Rashi explains: he eats meat and drinks wine. And the Gemara gives the quantity: a steak of about 240 grams — the minimal steak in a good restaurant — and about 300 cc of good wine. And for this: "all the men of his city shall stone him and he shall die; you shall remove the evil from your midst, and all Israel shall hear and fear."

You ask yourself: what is this din? It is when you go to the Oral Torah, to tractate Sanhedrin, that everything changes.
5 The Sages' Conditions — A Din That Never Was

Chazal come and say: see how many conditions must hold for this son to be liable to death. First, he must be over 13 — younger, he is a minor, not bound by mitzvot — but no older than 13 years and three months. Past that, even if he is zolel vesove, he no longer has the din of ben sorer. The entire window: three months.

And that is not all: the Gemara says he must steal the meat and wine from his father, carry them into another domain, and eat and drink them there. Why would he steal? The meat is there, the wine is there — yet the theft too is required for the din to apply.

Then: "he does not listen to the voice of his father or the voice of his mother" — why does the Torah double bekol… uvekol? It could have written "our voice." The Gemara derives that father and mother must have the same voice — sound identical. This is almost inconceivable: the only ones with the same voice would be twins, and twins cannot marry. And they must both be fully sound — not one maimed and the other not.

The Sages press and press and press — until almost no such reality can exist. And the Gemara concludes: ben sorer u-moreh lo hayah velo nivra — he never existed and never was created. An entirely theoretical din. One opinion in the Gemara does say: "I met him — and I sat on his grave" — that statement needs understanding, but it is vanishingly rare. The prevailing view: entirely theoretical.

So the Gemara asks: if so, why does the Torah write us this din? Answer: derosh vekabel sakhar — expound and receive reward. Exactly what we are doing now: we study this sugya, we delve into it, and this engagement is Torah lishmah that carries reward. But this too must be understood — could the Torah not give us real dinim to study, rather than dinim with no possible reality?

6 The Great Question — Judged for His End? And Yishmael?

One of the hardest points: Rashi writes that the ben sorer u-moreh is put to death "on account of his end"al shem sofo. What is his crime? He ate, drank, stole from his father, disobeyed — and for that, death? Rashi answers: the Torah reached the end of his mind. He will finish off his father's money, find nothing left to steal, stand at the crossroads and rob passers-by — and it may be that when someone resists, he will kill him. The Torah judges him now: if at 13 years and three months he is this crooked, we see where he will end.

But since when does the Torah judge anyone for his end?
You know Yishmael. Hagar could no longer carry the child — he was a na'ar, already past 13, for at 13 Yishmael entered the brit milah; he was no infant carried on the back. She cast him under one of the bushes, and he weeps. The Midrash tells: the ministering angels came before the Holy One and said — let him die! This little Yishmael will bring great troubles upon Israel: Israel will go into exile, and his descendants will stand on the roads and give the exiles drink from inflated skins, so they die of thirst. And the Holy One answered: no. "God heard the voice of the lad where he is"ba-asher hu sham. Now he is thirsty; now I must give him drink. What will come from him later — each trouble in its hour; we will face it.

From here we learn that a person is not judged by his end, but as he is there. There, with the Egyptian, Moshe saw that nothing would come from him — "he saw that there was no man", no one worthy would descend from him — and struck him. But from Yishmael evil would come, and still: we will face it in its hour. So why here is the ben sorer judged now, on account of his end? This whole passage is very, very problematic — and truly, we cannot do without the Zohar.

And more: what did he actually do? He did not listen to his parents — take him to an educator, put him even in prison, but kill him? And the verse says "urgamuhu kol anshei iro" — all the men of his city. His father and mother brought him together: it should say the men of their city, iram. Why iro?

7 The Secret of the Zohar — The Son Is Israel

The holy Zohar says: come, let us read this passage differently. "If a man — ish — has a wayward and rebellious son": who is the Ish? The Holy One, blessed be He — as it says: "Hashem ish milchamah." Who is the son? Israel — "beni bekhori Israel," My firstborn son. "Who does not listen to the voice of his father" — the Holy One; "or the voice of his mother"the holy Shekhinah. Israel does not want to learn Torah, makes trouble, scoffs at everything — sorer u-moreh.

In passing: the phrase "sorer u-moreh" appears four times in the Tanakh — and everywhere it speaks of Am Israel, never of a lone son; so in the book of Yirmiyahu.

"They chastise him and he does not listen" — the Holy One sends rebukes; they are not heeded. "His father and mother shall seize him"vetafsu vo: though he is wayward and rebellious, this Father and this Mother — the Holy One and the Shekhinah — do not despair of this son. It is not written "they shall cast him away"; it is written "they shall seize him." And they bring him "to the elders of his city" — who are the elders? The prophets. The Holy One comes to the prophets: see what Israel is doing, scoffing at Me, not listening to My voice. And the prophets go and rebuke Israel — return! They do not listen; they refuse to hear.

"All the men of his city shall stone him — ba-avanim — and he shall die." The stones are the churban — the destruction of the Sanctuary. The prophets had foretold it: you will not return — the Temple will be destroyed. "And he shall die" — after the churban part of Israel died, yes; but what is written here is: what must die is "the evil from your midst"uviarta hara mikirbekha. And when the evil within dies — "all Israel," the refined Israel, "shall hear and fear."
8 Derosh Vekabel Sakhar — Moshe's Plea and the Hidden Word

We asked why the Torah writes this din. Now, within the din of the ben sorer there is one thing that can annul everything. The verdict is issued, the square is prepared, the whole people already surrounds the boy, stones in hand. One person alone can stop it: the father or the mother. If at the last moment the father says — stop, stop, we forgive, we want our child — at that very moment the court can say nothing: the din is annulled.

Then Moshe Rabbenu comes before the Holy One and says: You gave in Your Torah this din of the ben sorer u-moreh. Is there any situation in the world — You who know the heart — where a father and mother, however angry at their child, however bad he may be, the worst in the world, would agree to have him executed? Never. The feeling of a father and mother will not allow it. No such situation exists. You write it in Your Torah knowing that a father and mother will never carry this to the end — so either the holy Shekhinah will plead for Israel, or You, the Father of Israel, will stand and say: stop — I am not willing that he be killed.

This is derosh vekabel sakhar. Seek — that very derishah, the plea in which Moshe Rabbenu stands as Israel's defender: You told me to write it in Your Torah so that we would use it as an argument — there is no situation in which the Holy One, God forbid, hands Israel over to death without rising again. The moment will come when we demand — and receive the reward. We will remind You that there is no situation where the Father goes through to the end, nor where the Mother, the holy Shekhinah, consents, God forbid, to Israel's destruction.

And where, inside the passage, hides the word that carries this plea? Notice: from beginning to end, of whom do we speak? Of a ben — a son. "Banim atem la-Hashem Elokeikhem" — you are sons to Hashem your God. Whatever we do, we are sons. "Beni bekhori Israel" — when we are good, and when we are not: banim mashchitim, corrupted sons — but sons. The name of son never leaves us. And if we are sons, we have a Father — a merciful Father; we have a Mother — a merciful Mother. There is no situation in which, God forbid, we reach annihilation.

Therefore "they shall stone him and he shall die" — what dies? The sufferings with which the Holy One chastens us come to put to death the evil side within Israel — uviarta hara mikirbekha. And when the evil goes out, what remains? Israel — yashar El, straight with God. This, God willing, is the final station: to pass from Yaakov to Israel — and so merit the Geulah, speedily in our days.

🎯 Test Yourself

Five questions. Click an answer.

1
On the level of mussar, against whom is the war of "Ki Tetze la-milchamah" read?
"You will capture his captives" — what the yetzer took from you, your mitzvot, go to war and take them back; with them you come out of the judgment vindicated.
2
Which derivation of the Gemara makes the din of the ben sorer nearly impossible?
From the doubled "bekol aviv uvekol imo" the Gemara derives that father and mother sound identical — only twins could, and twins cannot marry.
3
What is the Gemara's conclusion about the ben sorer u-moreh?
Lo hayah velo nivra — an entirely theoretical din. One lone opinion says "I sat on his grave," but the prevailing view holds the din theoretical: expound and receive reward.
4
In the Zohar's reading, who are "the elders of his city"?
The Father — the Holy One — comes to the prophets: see what Israel is doing. The prophets rebuke and call to teshuvah; they are not heeded.
5
What is the one thing that can annul the din at the last moment?
If the father or mother says "stop, we forgive," the din is annulled on the spot. This is Moshe's plea: never will the Father of Israel or the Shekhinah go through to the end.
📅 A Seven-Day Program — Ki Tetze · Elul
Sunday
Read Devarim 21, 10-21 — from the war to the yefat toar, down to the ben sorer. Trace the chain: one averah drags another.
Monday
"You will capture his captives" — which mitzvah did the yetzer hara take from you? Choose one and take it back today.
Tuesday
Study the din's conditions in Sanhedrin: the age, the theft, the same voice. See how the Sages press until it becomes impossible.
Wednesday
"Ba-asher hu sham" — as with Yishmael, judge those around you as they are today, not by their end.
Thursday
Reread the passage with the Zohar: the Ish, the son, the father and mother, the elders. "Vetafsu vo" — they do not abandon him.
Friday
"Banim atem" — even at fault, we remain sons. Enter Shabbat with this certainty of Elul.
Shabbat
At the reading of Ki Tetze, hear the ben sorer passage with the key of the sod: Moshe's plea was written for us.
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