You can say that last week’s Parasha Shoftim, was about the architecture of how to build the right justice system. Shoftim teaches us to elect the judges and officers for local courts, regional courts and the High Court in Jerusalem and to obey our Sages.
This week’s Parashat is a perfect follow up. This week we are taught certain very important Mitzvot. You see, now that we know how we will be judged by HaShem, but also by our elected Judges, we can continue with learning the things we will be judged on.
Ki Tezeh is the only Parashat, according to Maimonides to contain 72 positive and negative precepts.
The Midrash discusses the difference between a person who obeys the Mitzvot blindly - based on the notion that everything is ‘HaShem’s’ will – whether one understands the mitzvah or not, versus; a person who wants to understand the Mitzvah and the meaning of it.
Some Mitzvot are easy to understand: the prohibition of fraud and Lashon Hora are clear. Other Mitzvot are not as clear. Rabbi Yosef Heinemann in his writings ‘Ta’amei Mitzvot’ , applauds the search of the meaning of Mitzvot. With other words, the searching of the ‘why’ is, in his eyes, a Mitzvot in and of itself.
Rabbi Heinemann writes: “…we must endeavour, as far as possible, to appreciate the wisdom and justice of His commands.”
Therefore it is beautiful to watch Maimonides fight it out with Nachmonides when it comes to the Mitzvah of sending away the mother bird from its nest with either young or eggs in it.
Maimonides understands both those who believe that commandments have no object at all. But he also hears those who say that the commandments have a certain aim, purpose and meaning.
Maimonides goes as far as explaining the separation of an animal and its young before the slaughter of either one, to prevent the suffering of the animals. Rambam explains that the suffering of animals does not differ from that of man; Quote: “…since the love and tenderness of the mother for her young ones is not produced by reasoning but by imagination, and this faculty exists not only to man but in most livings things.” (end quote)
Nachmanides does not believe that the sending away of the motherbird is dictated by considerations of cruelty of animals. Ramban thinks it is purely educational and teaches us kindness and compassion to eachother.
But both lead to the conclusion that compassion is the main meaning of the Mitzvah to take the motherbird away. The same can be said about separating the mother from its calf when one is about to be slaughtered.
And since these Mitzvot are mentioned at the beginning of the Parasha with many other Mitzvot to follow, we can make the following conclusion: It is necessary to understand what compassion is, before learning why making a vow is wrong. Why the fruit that you leave on the field is for those who find it after you. Why a father shall not be put to death for the sin of his children or vice versa.
The Judges in Parasha Shoftim are said not to respect the accused. But in this Parasha we learn that man needs to be taught what compassion is so that he understands the Mitzvot better and so that he can avoid going down the wrong path to end up standing in front of a Judge as the accused.
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