| Dear Yeshiva Family:
In this week's parshah, we are introduced to the mitzvah of Lo Saguru (Devarim 1:17), which commands us not to be afraid of people when rendering judgment. The full pasuk reads, "Lo saguru mipnei ish, ki ha-mishpat le-Elokim hu—Do not be afraid of anyone, for the judgment is God's." This commandment speaks to the necessity of impartiality and courage when fulfilling the mitzvah of judgment, particularly in legal or communal matters. It encourages us to act with confidence and integrity, knowing that our actions are guided by the principles of Torah, regardless of external pressures.
The Sifri on our Parshah teaches us that the obligation of Lo Saguru applies even in extreme situations where a judge might feel personal fear or pressure. For instance, the Sifri explains that if a judge is afraid that the losing party may seek revenge, whether by causing the judge a financial loss or even taking the judge's life[1] or the life of his family, he is still prohibited from allowing that fear to influence his judgment. Despite the very real dangers that may come from rendering an unpopular decision, the mitzvah demands that the judge remain steadfast in the pursuit of justice, knowing that he is fulfilling a divine command.
At this point, one might ask: How can this be? How can it be that there is a mitzvah that demands a person to give up his life when we know that the Torah only mandates such a sacrifice in the case of three cardinal sins—avodah zarah (idol worship), giluy arayos (forbidden sexual relations), and shefichas damim (murder)? How can the mitzvah of Lo Saguru, which is part of the obligation to judge justly, compel someone to put their life on the line?
An explanation offered by the Acharonim (see the Sefer Mishnas Pikuach Nefesh 3:25, which cites various Acharonim whose words support this view) is that the mitzvah of Lo Saguru refers specifically to a situation where there is a chance of pikuach nefesh—a potential danger, but not one that is certain[2]. This interpretation still presents challenges, as if there is a real danger, the regular halachic rules would apply, allowing a person to avoid such a situation. Conversely, if there is no real danger, the situation should, in theory, be permitted. The Mishnas Pikuach Nefesh explains that sometimes there exists a "gray area" of danger, where it depends on the individual's personality whether they would consider it a true threat. In such cases, the Torah would be instructing the individual to take the risk[3]. However, where there is a clear and present danger, one does not have to render judgment[4]. According to this interpretation, the lines of vechai bahem (the principle that we live by the Torah) are not moved. Rather, the Torah is instructing one to be stronger and accept more risk, even when there is potential danger, in the pursuit of justice.
Another explanation offered by the Acharonim[5] suggest that there is a special rule regarding maintaining the integrity of the Torah, which compels one to give up their life to uphold it.
However, it appears a simpler and more direct explanation seems to lie in the nature of the mitzvah itself. Lo Saguru is unique in that the mitzvah itself is not merely to perform a task, but to do so without fear. The mitzvah itself is to uphold the Torah even in the face of danger without letting fear sway us from fulfilling our duty. This parallels the mitzvah of going to war, where one is clearly called upon to enter into a life-threatening situation for the sake of the nation. Similarly, the mitzvah of Lo Saguru instructs us to deliver justice, no matter the personal risks, and to do so without fear. The essence of this mitzvah is the courage to uphold Torah principles, even in the face of extreme pressure or danger, knowing that Hashem is guiding the process of judgment.
But we must understand this: how can one not be afraid[6]? In fact, looking at the mitzvah of not being afraid when going to war, it seems that we are faced with a contradiction. On the one hand, the Torah clearly tells us that there is an issur de'oraysa (biblical prohibition) of being afraid. The Rambam (Hilchot Melachim 7:15) states that one violates a Torah commandment by being afraid. Yet, at the same time, the speech given by the Kohen at the beginning of the war acknowledges the real fear people may feel: some may have just planted a vineyard or married, and they will not return. It is clear that the possibility of death is present. In addition, people used to write a get (divorce document) for their wives before going to battle, indicating that death was a real concern. How can the Torah require that one not be afraid in a situation where death is a clear possibility[7]?
The Steipler Gaon (Kehillas Yaakov, Sotah 6) explains that the aveirah (sin) of feeling fear when at war is not merely feeling fear, but rather causing oneself to feel fear. For instance, if a person begins to ruminate about his family back home and causes himself unnecessary anxiety, this would be problematic. But much more than that, if one focuses on the enemy and thinks to himself, "I am in a dangerous situation because they have such a great army," this is the ultimate form of that sin. The underlying issue is that a person must believe that everything is ultimately in Hashem's hands. While it is true that going to war is inherently dangerous, one's life and death are not in the enemy's hands; they are entirely in Hashem's control. By allowing his thoughts to focus on the might of the enemy and believing that their might and army may be the catalyst for his downfall, the person is neglecting to trust in Hashem's sovereignty, and this is the sin.
This understanding of bitachon is profound. While it is true that the outcome of the war may not always align with one's desires or expectations—meaning the person might indeed die—the person must have full bitachon in Hashem, trusting that anything could happen, and ultimately, the situation is in His hands. Therefore, the powerful forces of the enemy should not add even a single ounce of fear. The regular awareness of danger and the anxiety that comes with it are natural and do not constitute a sin. However, the ruminating on one's family or on the size and power of the enemy, and allowing those thoughts to dictate one's emotional state, is where the aveirah lies.
We once spoke about Bitachon in a recent article[8]. There we explained that though 'harm' is possible, nevertheless, understanding that everything is for our benefit can eliminate fear. If one truly believed that all pain and negativity are for their ultimate good, they would accept them willingly. The knowledge that every outcome is predetermined for our benefit, even if it includes temporary pain, can alleviate fear.
I recently spoke with someone who was upset after losing their job. They referenced the Chazon Ish's view, feeling that it meant things wouldn't necessarily work out as they hoped and understanding that this gave them 'license' to be upset. I countered that, according to the Chazon Ish, one could not be upset at all. Bitachon means understanding that everything that happens is for the best, knowing that good will eventually come from it, and therefore one should be feeling only comfort and reassurance. If we were privy to all the reasons things happen on this world than we would have chosen the exact same outcome as was given to us and would not change things even one iota.
The challenge is reaching a level of Bitachon where these events truly do not disturb us. In order to function properly and navigate through negative experiences, one has to have the ability to detach himself emotionally from his life and to view his challenges through that lens. One technique is to view life as a computer game, where the goal of the game is to navigate daily challenges while adhering to Torah. This perspective can help detach emotionally and handle daily tests more effectively. For instance, if faced with an irate boss, seeing it as just another level in the game can help manage emotions and reactions. How would you react while facing a computer console and the goal was to make it to the end of the day without getting upset.
This perspective can also mitigate fear. Just as one does not feel real fear while watching a movie, even one with a terrifying war scene, viewing life's challenges as a game, where even though there may be scary graphics and situations, knowing that even in the game everything is preordained for their benefit can reduce fear. Life is a stage, and you are the main actor; the props are set for your benefit, and you just need to decide how to script your role.
Once a day, perhaps during Shemonah esreh, one can focus on this idea. That he is here to Hashem and everything is just a test. All stimuli are directed down to the smallest detail to test you in different situations. This will help one overcome negative situations, and help one overcome even fear. When a person understands and is used to emotionally detaching himself because he is here as a servant of Hashem, he can rule even over fear.
Similarly, a judge must recognize that though he is in a potentially dangerous situation, he must firmly believe that no one has power over him. No person can help him—al tivtechu benidivim (do not trust in powerful people)—or harm him, because, ultimately, his fate is in Hashem's hands. Entering into a judgment will not put him in harm's way. While the outcome may not always align with his expectations, meaning the person may indeed take revenge, but that would have happened regardless, because everything is governed by Hashem's will. The aveirah (sin) of Lo Saguru lies in allowing oneself to fear a powerful person who stands in Hashem's way. If a judge is supposed to deliver a verdict crossing a powerful man, then we have to realize that this man stands against Hashem. Nothing can stand in front of Hashem, and therefore, there is nothing to fear. So, this is a special Mitzvah to know that if one is upholding the law of Hashem than there is nothing powerful in the world that can hurt him. The key is to place full trust in Hashem, knowing that whatever happens, it is by His design and under His control.
As we reflect on the bitachon that a judge and soldier, and every member of Klal Yisrael must have, we are reminded of the incredible courage and trust in Hashem shown by the soldiers who have been battling to protect Klal Yisrael for nearly two years now. May Hashem grant them the strength, chizzuk, and menuchas hanefesh (peace of mind) to persevere through these difficult times.
Have an amazing Shabbos!
Rabbi Moshe Revah Rosh HaYeshiva Moshe.revah@htc.edu
[1] Although the Sifri does not explicitly mention the fear of losing one's own life, and only mentions one's child's life, this version is quoted in Sefer HaChinuch (Mitzvah 415) and the Sefer HaMitzvos LeRambam (Mitzvah 276). [2] Although the Sifri does use the word shema—"perhaps"—the person will be killed, and this is cited in that way in the Rambam (Sanhedrin 22:1), the Rambam in Sefer HaMitzvos does not mention the "perhaps." [3] Alternatively, one could rely on the fact that the threat is empty, and the person making it would not actually carry it out – See Shvus Yaakov 1:138. See also the Bach in the beginning of Siman 12. [4] This, however, does not seem to be the mashma'os (implication) of the Rambam in Sefer HaMitzvos. Rabbeinu Yonah in Shaarei Teshuva 3:36 also seems to indicate that it is a mitzvah for all situations. [5] See the Sefer Ohel Moshe on Devarim fn 45, who cites the concept from the Maharshal in Yam Shel Shlomo B.K. 38a. This idea is also used by R' Chaim Shmulevitz in Sichos Mussar (pg. 260) to explain why, in the story of Kamtza and Bar Kamtza, the Chachamim did not accept the blemished korban of the Caesar to prevent the destruction of Jerusalem. Although it would have been permitted to offer a blemished korban to save lives, the concern was that people would say there was no law against it, and it would cause a loss of the integrity of the Torah. For this reason, they could not allow it, even at the cost of tremendous loss of life. [6] The word "Saguru" can be understood to mean "do not fear," and the mitzvah is for the judge not to show fear when rendering judgment. Our question follows this interpretation. There are also those who translate this as "do not withhold your words," in which case the following discussion would not apply. There are several differences in halacha based on the 2 interpretations. [7] Perhaps the answer is that if one has complete bitachon (trust in Hashem), as the Rambam indicates there he will not be damaged. But that itself seems difficult. See the Steipler in Kehillas Yaakov (Sotah 6). [8] See Dvar Torah from Shoftim 5784. | 
