Shabbat Parshat Shoftim

[Refer to ch 18, v 9-22] The parasha lists a number of practices of the inhabitants of Canaan that we are not to emulate. One of the examples given is one who passes his child ‘between the fires.’ [There are two possibilities how to understand this example – either that there was some sort of initiation rite in a pagan worship of passing a child between two flames or actual human sacrifices. Rav Dovid Tzvi Hoffman believes the latter to be the correct understanding.] Following that example, the Torah lists examples where the Canaanites would attempt to discover the future – through astrology, reading signs, or trying to communicate with the dead. After listing all of these examples, the Torah continues ‘ki toavat Hashem kol oseh eleh . . .’ – because it is an abomination to Hashem for all who do these . . .’ [we will return to the bolded words later] and goes on to say that instead, the Jewish people will have prophets into whose mouths Hashem Himself will place His word and information.
The distinction drawn here between the ways of the Canaanites and the ways of the Jewish people is reminiscent of the interplay in Parashat Balak between Bil’am and the Jewish people. In v 23:23, Bil’am states ‘ki lo nachash b’Yaakov v’lo kesem b’Yisroel . . .’ – for there is no divination in Yaakov and no sorcery in Yisroel. We have a similar statement made in our parasha by Moshe to the people (18:14), ‘ki hagoyim ha’eleh asher ata yoresh otam el m’oniniim v’el kosmim yishmauh, v’ata lo ken natan lecha Hashem e’lokecha’ – because these nations that you [Bnei Yisrael] are inheriting them, they turn to [these types of divination and sorcery, but Hashem doesn’t have you practice this].
There is debate in our Tradition as to the efficacy of these different methods of foretelling the future. The Rambam groups them all together as nonsense and includes them in the laws of idolatry for anyone who practices them. In this regard, Rambam was unique – at least within the Jewish tradition – in dismissing the value of these practices. Even the Ibn Ezra for example – one of the great rationalists – believed that astrology had truth to it. Taking the Rambam’s approach in the command, the command is saying that these attempts at divination are nonsense and idolatrous. The only method of looking to the future that has meaning and is allowed is through Hashem or His messenger – the prophet.
The Ramban takes issue with the Rambam on this understanding (see Ramban 18:9). The Ramban understands that these methods were effective in foretelling the future and in this regard was very much in the mainstream of our Sages at the time. He details the accepted science of the time (to which the Rambam ascribed as well) that the heavens are composed of spheres each of which has a ministering intelligence governing it. Some of these types of divination allow you to impact on how these ministering intelligences operate and in effect – change the future.
Given his approach, the Ramban understands the prohibition differently from Rambam. The Ramban sees a value in some of the practices listed. This approach leads to some questions that the Ramban must deal with that the Rambam does not. For example, the verse refers to ‘kol oseh eleh.’ Rashi cites the teaching from our Sages that since the Torah does not say ‘one who does all these’ but rather says ‘all who do these’ – it teaches us that one will transgress even by attempting one of these practices. The Ramban, however, reads the verse in a way to give credence or value to at least some of the practices. He reads the same inference to say that not all of these practices fall within the characterization of ‘toevah´ or abomination, which precedes the phrase ‘kol oseh eleh.’ (i.e. Not ‘all of these’ are an abomination, only some). Some of the practices are legitimate in that they work. [Rav Granatstein described this as a very powerful explanation on the part of the Ramban.] However, we aren’t allowed to use them.
The Ramban then has to explain why we cannot follow the practices. For the Rambam, it’s clear that they are nonsense with no basis – and therefore following them with a belief that they have power is idolatrous. But for the Ramban, who indicates that at least some do work – why can’t we follow them? For this, the Ramban turns to the model of kla’im – the prohibition of breeding two animals or plants together. In Vayikra (19:19), the Ramban develops the meaning of this prohibition, explaining that God wants us to preserve nature and to allow the world to run its course. Attempting to crossbreed, for example, has two negative implications a) the person believes there is more to create than what God created, that the world is imperfect b) the offspring of such a union – such as the mule – cannot itself have children and this means the breeder took something with the power to create new life and used it to generate something that cannot; such sterilization destroys the natural order of things.
So too, in regard to our parasha, the prohibition is against attempting to use the natural forces to change how nature is running – to move the spheres a certain way, etc.
In codifying these laws, the placement of the prohibition(s) is key. The Rambam includes them in the laws of idolatry. The Tur separates them from the laws of idolatry by inserting the laws of ‘ribbis’ – charging interest in between. Rav Granatstein believes the Tur is seeking to accent the fact that these practices are not idolatrous – against the approach taken by the Rambam.
[This argument between Rambam and Ramban plays itself out in other contexts as well. ‘Shaydim’ – demonic figures – for example. These appear in different parts of the Gemara. Rambam is consistent in saying they don’t exist. Ramban, and those with his approach, don’t necessarily say that. One example of this is found in the response of the Radvaz, printed at the end of the laws of men not dressing in women’s clothes (Yoreh Deah, 182). The Radvaz addresses the question of one who believes in shaydim and offers incense to them – not to deify them but to cause them to act in a way beneficial to the person.]
The Ramah in Yoreh Deah (179:1) cites the verse ‘Tamim tihiyeh im Hashem Elokecha’ (a verse from our parasha) to explain the prohibition of looking to these practices to seek the future. Whatever your approach to them – that they are nonsense or just against the natural order – our approach as the Jewish people must be to be tamim – to have courage. Our courage derives from belief in God and the impact of his Hand in the world. Those who seek these forms of divination do so out of fear or terror. We must not be afraid to face the world.-HG