Reply To: Question re: Ben Sorer U Moreh

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Joseph
Participant

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One of the sections of Parashah Ki Seitzei sets out the laws of the ben sorer u’moreh who steals meat and wine from his parents and is put to death. Rashi explains that a ben sorer u’moreh is killed to save him from his own destiny, since he is destined to be a murderer and a thief.

Several meforshim observe that this appears to contradict another well-known statement of Rashi, specifically his comment to Bereishis 21:17, that even though Hashem knew that Yishmael would one day oppress the Jewish People, He saved Yishmael from dying of thirst because, at that moment, Yishmael was righteous (or innocent). Is a person’s future taken into account when he is judged, or not?

The Maharal answers that there is no contradiction. Rather, different rules apply to judgments in the Heavenly court (Yishmael) and a human court (ben sorer u’moreh). Specifically, the role of the human court system is to save wrongdoers from the punishment that they will obtain at the hands of Heaven. If it will further that goal, a human court can take a person’s future into account. (Gur Aryeh)

Elsewhere, the Maharal observes that the Heavenly court takes into account in its judgment whether the sinner has repented. However, a human court may not do that. Maharal explains that the role of the human court is to distance a person from evil. A human court is charged solely with looking at a person’s “dark side.” In contrast, the Heavenly court judges the whole person. (Netiv Hateshuvah ch.2, as explained by R’ Yehoshua Hertman shlita, in his annotated edition of the Maharal’s writings) [Torah.org]