The Netziv reminds you of a Tosefta that you may have missed
when he discussed it in Parshas VaYikra (5:1)
וְנֶפֶשׁ כִּי
תֶחֱטָא וְשָׁמְעָה קוֹל אָלָה וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע אִם לוֹא יַגִּיד
וְנָשָׂא עֲוֹנוֹ:
Why does the pasuk start with the words “nefesh ki techetah?” The sin is not in the act of witnessing something wrong, as described in the first clause of the pasuk, but is in withholding testimony, as described in the pasuk’s ending. The words “ki techetah” should appear at the end of the sentence?!
The Tosefta answers that it’s not by accident that an
individual happens to be in the right place at the right time to witness a
crime. It’s only because that individual
is him/herself guilty in some way, he/she is a “nefesh ki techetah,” that Hashem
arranges for him/her to have the misfortune of seeing wrongdoing.
The witnesses who heard the mekalel commit such a heinous
act of blasphemy had to participate in meting out justice as a kaparah for
themselves, as they had to make a cheshbon hanefesh to understand why Hashem
would cause them to hear and see such a horrible spectacle.
Anyone who learns this Tosefta and walks away klerring
whether it means you have to actually see the bad thing to be guilty or whether
seeing it on a TV screen or a website counts as well is beyond missing the
point. I honestly don’t know how to
relate to such a vort. You walk down the
streets of NY, you ride the subway, you read a newspaper, etc. and you can’t
help but be assaulted with sights and sounds that should revolt any normal
human being. Maybe it’s a bracha that we
have become so desensitized that it makes no impression anymore, because if it did,
a person would go nuts. Just the fact
that we have to live in such an environment is itself an onesh.
On a positive note, the Tosefta promises that those who are zakai will see zechuyos.
When you see someone rushing to do a mitzvah, learning Torah, doing
chessed, it’s not just their good deed, but it means you’ve done something
right as well to be able to witness such a wonderful occurance.
Ah, yes. Living in New York: עבירה ועונשה בצידה
ReplyDeleteI don't see the Netziv saying that. (I had always heard that b'shem the besht.) If he was, then the same logic should apply to those who saw the mekoshesh. I think he's saying that in the case of mekalel, in order to properly say eidus, the eidim themselves have to do birkas ha'shem, and thus the mekalel has in effect truly caused them to sin.
ReplyDeleteL'shitascha it's a special din in the megadef, but the Tosefta is a general din that applies across the board.
ReplyDeleteDid you see his chiluk between the megadef and mekoshesh in terms of the impression it made on people? I think that would answer your question.
"L'shitascha it's a special din in the megadef, but the Tosefta is a general din that applies across the board"
DeleteI haven't seen the Tosefta inside, but if it is a general din, I'd have shver why the Netziv shtells it tzu davka here.
"Did you see his chiluk between the megadef and mekoshesh in terms of the impression it made on people?"
Not at all. It's that by megadef, the eidim are forced to be megadef *themselves*. i.e. They can't just say yosi yakeh es yosi because then b'd can't be sure the guy was megadef in the first place.
>>> I'd have shver why the Netziv shtells it tzu davka here.
ReplyDeleteHe quotes it earlier in 5:1 and just reminds you here that the same principle also applies. Take a look at what he says.