Devar/5771/Mishpatim
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עברית
English
Keep thee far from a false matter; and the innocent and righteous slay thou not; for I will not justify the wicked (Ex 23:7)
From an halachic standpoint, this generic prohibition deals with judicial process. For example, a litigant may not make his arguments before the judges unless his adversary is with him (Laws of Sanhedrin 21:9, and many others). However, it is also possible to understand this verse as a warning to us: that we not lie to ourselves, and that we face the truth -- whatever it may be.
In almost every city in Israel and in many Jewish communities worldwide is an "eruv" (lit: "mixture"). An eruv is a procedure which makes it permissible to carry on shabbat between private domains which are separate. The Torah does not prohibit doing so, but King Solomon and his high-court established a prohibition against carrying between such domains (Laws of Eruvin 1:1). But at the same time, they established that it be possible to "intermix" these domains under certain conditions, after which carrying between them on shabbat would be permissible.
But in the vast majority of the places mentioned, the eruv is not a proper eruv: not by the standards of the Talmud, nor of the Mishne Torah, nor of the Shulchan Aruch. First of all, there is no possibility of an eruv of domains between which the Torah prohibits carrying. According to all three sources listed above, almost all the streets of our cities are actually "public domains" (Laws of Sabbath 14:1 etc) -- which may not form an eruv, since carrying in them on shabbat is prohibited by the Torah. Even according to the person who says that "sixty myriads" of people must traverse the place before it is counted as a public domain -- the matter is doubtful, and whenever there is a doubt regarding a Torah commandment we must rule strictly (Laws of Rebels 1:9).
There are other severe problems in the manner in which the "eruv" in most locales is constructed, and with God's help, may He be blessed, I will write an article about them. But the important point is that we open our eyes to the truth, even if it is unpleasant. This is so that we not slay, Heaven forbid, the innocent and righteous -- that person we always aspire to be.
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