יד הוֹצֵא אֶת-הַמְקַלֵּל, אֶל-מִחוּץ לַמַּחֲנֶה, וְסָמְכוּ כָל-הַשֹּׁמְעִים אֶת-יְדֵיהֶם, עַל-רֹאשׁוֹ; וְרָגְמוּ אֹתוֹ, כָּל-הָעֵדָה.
'Bring forth him that hath cursed without the camp; and let all that heard him lay their hands upon his head, and let all the congregation stone him.
Why specifically on his head? Rashi says this is to show that he was responsible for having brought the penalty upon himself.
What are other possible answers? Why stoning? Why the entire assembly?
Dr. Panell, a psychologist teaches, that stoning was used in public to show the people the consequences of breaking a law, and that they truly will be punished. Doing it in public kept the justice system working, by punishing people and having the public learn from the punishment what would happen if they broke the law, keeping them from breaking the law.
ReplyDeleteRabbi cohen says that the reason the whole congregation stones him is because we want the whole community to feel involved in the process. If they take part in killing the person who sins, it acts as a deterrent for other people.
ReplyDeleteRabbi Dovid Kasher says that each member of the community lay their hands upon the sinner because he acted as a scapegoat. In Vayikra: 16:21-22, the Torah describes this process. "Aaron shall lay both his hands upon the head of the live goat and confess over it all the sins and crimes of the Children of Israel, whatever their transgressions…Thus shall the goat carry on it all of their sins to an inaccessible region, and the goat shall be set free in the wilderness." This is almost a comfort to the person being stoned since their death now has value. They are absolving the people of their sins with their death, a glorious act for such an inglorious and sinful person.
ReplyDeleteThe pasuk says that the entire congregation must gather to stone the sinner. Rashi says that this really means only the witnesses stone the sinner and that the entire congregation must be present to watch. Or he says, that the witnesses act as agents of the entire community, and therefore, it it as if the entire community stoned the sinner.
ReplyDeleteRashi explains that "this man" who should get stoned has a story. He tried to plant his tent in the Camp of Dan (because his mother was from Dan) , but the people would not let him camp there and said, "It is written, ‘Each man dwells under his banner, assigned by the house of his father.’” So this man got up and went to Moshe's court, but lost the case; so that is why he cursed. Also when the man is explained earlier as "the son of an Egyptian man", Rashi explains that this man was the son of the Egyptian that Moshe killed. All the man was trying to do was have a place to settle and join Beni Yisrael, and when it didn't come easily he was frustrated: so he cursed.
ReplyDeleteCursing HaShem's name is a very serious problem. By placing their hands upon the sinner’s head, the witnesses are saying, “You were the one who forced us to say something which is forbidden by the Torah. NOW, the sin we committed is on your head.” It's a bit more metaphorical. This comes from Daat Zekeinim
ReplyDeleteRabbi Kasher explains that: Maybe why Hashem is asking everyone to take part in the stoning, he wants everyone to be aware of their own sins. He wants Bnei Yisroel to understand the penalty that could come. This is a strict law and the penalty is death.
ReplyDeleteWhy על ראשו?
ReplyDeleteDibbur is not just movement of the lips that facilitates communication, but a reflection of one's thoughts. In the third perek of Hilchot Terumot, Rambam says that if a person had intent to say terumah but said ma'aser instead, or olah but said shelamim instead, his words have no validity until his dibbur matches his thoughts. So, based on the Rambam’s idea, by saying על ראשו, it’s implying that the מקלל’s actions matched his thoughts, proving he acted with intent and should be punished accordingly.
Rabbi David Kasher brings down that by everyone placing their hands on the head of this man, it is as if they are using him as a scapegoat, and are being forced to acknowledge their own sins before punishing him.
ReplyDeleteRabbi Kasher explains that the reason behind 'ה bringing the entire congregation to take part in the stoning is because he wants the sinner to feel as though their death has value, that they are absolving the entire nation of their sins.
ReplyDelete