יהושע, פרק ז׳, פסוק ט״ו

Joshua 7:15Sefaria

וְהָיָה֙ הַנִּלְכָּ֣ד בַּחֵ֔רֶם יִשָּׂרֵ֣ף בָּאֵ֔שׁ אֹת֖וֹ וְאֶת־כׇּל־אֲשֶׁר־ל֑וֹ כִּ֤י עָבַר֙ אֶת־בְּרִ֣ית יְהֹוָ֔ה וְכִֽי־עָשָׂ֥ה נְבָלָ֖ה בְּיִשְׂרָאֵֽל׃

The exposure of the person who embezzled banned property brings a clear divine instruction regarding the severe punishment awaiting the offender and his household. The individual caught before the Ark of the Covenant for taking what was strictly forbidden faces absolute justice [מצודת דוד]. Although God knew exactly who committed the offense and the lottery used to identify him was perfectly accurate, Joshua acted strategically to secure a clear confession before any judgment took place. This was not driven by a legal need for a confession, but rather by a pressing social concern. The guilty individual and his family had begun spreading rumors, claiming the lottery was merely a random game of chance. To eliminate any doubt or division among the people, Joshua ensured a public admission of guilt. Immediately afterward, he dispatched messengers to run to the offender's tent, preventing the family from hiding the evidence and covering up the disgrace [רלב״ג].

The prescribed punishment demands that the offender be burned in fire. This serves as a direct measure for measure response, as the city of Jericho and all its banned property were originally designated to be burned [רד״ק, מלבי״ם]. However, applying this punishment to the offender and all that belongs to him presents a complex situation. One approach suggests that the decree of burning applies to his entire household and possessions. This includes his property, his young children who are treated as part of his belongings, and his older children who are punished because they witnessed the crime but remained silent. His wife, however, was spared either because he did not have one, or because the stolen goods were buried secretly in the ground without her knowledge [רד״ק].

Conversely, other perspectives distinguish between the fate of the property and the fate of the person, especially since later events reveal that the offender was actually stoned. According to this view, the initial instruction is brief and implies a division. The tent and inanimate objects are to be burned, while the offender and his animals face stoning [רש״י]. Another explanation for changing the punishment from burning to stoning is that the offender also violated the Sabbath through his actions. Because desecrating the Sabbath carries the more severe penalty of stoning, he received the harsher sentence. His animals were stoned alongside him to ensure their death was not easier than his own [מלבי״ם].

The heavy penalty stems from a dual failure. First, the offender broke the covenant of God, committing a direct offense against Him by engaging in a strictly forbidden act [ביאור שטיינזלץ]. Second, the action itself was disgraceful and humiliating [מצודת ציון], showing a person willing to commit a serious crime merely to satisfy a petty desire [ביאור שטיינזלץ]. Ultimately, this selfish act constituted a grave offense against all of Israel, as the sin of one individual caused the entire nation to be punished and suffer a painful military defeat [מלבי״ם].

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