This week’s parasha is part of the long series of mitzvot that Moshe reviews. There’s a one-liner that I want to focus on today:
Taken literally, this is a strangely specific law, and the halacha takes it as an archetype, a בנין אב, for what we might call municipal codes:
לא תשים דמים בביתך כי יפל הנפל ממנו means that if someone does fall after you’ve put up an appropriate railing, you are not liable.
There’s an interesting side note about the כלב רע: Rashi disagrees with the שולחן ערוך (whose opinion comes from the Rambam).
But I want to focus on a grammatical issue: כי יפל הנפל: when the faller falls.
As a דרך הלשון, this is called prolepsis:
The classic source of this grammatical use is from the ancient myth of the Ghostbusters:
But Ibn Ezra offers another explanation: דברי נבואה. The Torah is telling us that this person will fall. Rashi takes that approach:
And the gemara puts it even more strongly:
In other words, ולא תשים דמים בביתך כי יפל הנפל ממנו means that “[if you build according to code], there will be no liability כי—despite the fact that—someone falls”, with the implied inverse: if you don’t build to code, then you are liable. That was the פשט we brought above. Rashi adds that there is no defense to say that, clearly, G-d wanted this person to fall. Who am I to argue?
This is a profound theological point in all the מצוות בין אדם לחבירו. You can never say, G-d wants it this way. I don’t need to do anything. G-d created the world imperfect, and your job is to show Him how He got it wrong, כביכול.
I want to ask, why is this מצווה here? The context is all the laws of family life, marriage and parenting, and the immediately prior מצווה is שילוח הקן:
Rashi says that just having the opportunity to build your railing means you have a בית חדש. That’s a reward for all the previous מצוות that you did.
But that’s not very specific. Why this particular מצווה? The Torah Temimah says that there is a danger in doing שילוח הקן. The pasuk says הארכת ימים. You may take that as a promise, and not worry about your safety any more. Or worse, you may think “I’m taken care of; why should I worry about anyone else?”
The lesson of כי יפל הנפל is that we can’t just be צדיקים by ourselves; we have to care about others.