Shoftim: decisions

Points :

1. Baal tashchis vs egla arufa
2. Where does one get direction?
3. Elections

The PArsha contains the law of "bal tacschris", the prohibition on wasting. It has this section:

כִּי-תָצוּר אֶל-עִיר יָמִים רַבִּים לְהִלָּחֵם עָלֶיהָ לְתָפְשָׂהּ, לֹא-תַשְׁחִית אֶת-עֵצָהּ לִנְדֹּחַ עָלָיו גַּרְזֶן--כִּי מִמֶּנּוּ תֹאכֵל, וְאֹתוֹ לֹא תִכְרֹת: כִּי הָאָדָם עֵץ הַשָּׂדֶה, לָבֹא מִפָּנֶיךָ בַּמָּצוֹר. כ רַק עֵץ אֲשֶׁר-תֵּדַע, כִּי-לֹא-עֵץ מַאֲכָל הוּא--אֹתוֹ תַשְׁחִית, וְכָרָתָּ; וּבָנִיתָ מָצוֹר, עַל-הָעִיר אֲשֶׁר-הִוא עֹשָׂה עִמְּךָ מִלְחָמָה--עַד רִדְתָּהּ

It includes the idea that even in circumstances of war, even when waste is wanton and conspicuous waste can be a weapon, even then one may not cut down a fruit tree since it may be ( intrinsically) useful.

The irony is that this is followed by the eglah arufah, the axed calf. The eglah arufah is a ceremony of waste. The murdered corpse is found and the impotence guilt of the authorities is expiated by the wasting of calf in a sterile valley. How many of egloth are owed for the holocaust?

I think that these ideas can be resolved in terms of the sense of power that is engendered in laying siege to the town of the enemy versus the powerless that comes from finding a murdered corpse and not finding the murderer.

After all of the advice about where to get direction and guidance ( the judges, priests, prophets) ending the parsha with this scene of powerlessness over the domestic situation, the eglah arufah is touching. Like seeing your neighbor's car torched in the frum neighborhood.

It is also interesting that many of the officials in the parsha are actually elected! This includes the king and the judges. ( just and aside, but I don't think that Moshe trusted democracy)