Fascinating to think about the following Dvar Torah in the context of the anarchy or will for anarchy that is presently sweeping the country.
Rabbi Zweig
“…this shall demonstrate to you that Hashem sent me…” (16:28)
Korach succeeded in planting a doubt in the Jewish people’s minds concerning the Divine nature of Moshe’s appointment and his prophecy. Moshe, therefore, took unprecedented steps to deter any possible skeptics. He called for the earth to open up and swallow the rebels. This would convince the people of his status. However, if this miracle did not occur, then Moshe’s authenticity, as well as the validity of the entire Torah would be suspect.1
The Chechnover Tzaddik asks the following question: How could Moshe take so great a risk? Perhaps Korach’s assembly would repent and therefore not be subject to this death by Divine decree. This would give the appearance of Moshe being proven wrong.
The Midrash notes that even nursing babes were subjected to this punishment. Although under normal circumstances, a child does not receive the death penalty, as a by-product of dispute, normative legal procedures are suspended.2 How can we understand this concept?
Within the Jewish legal realm we find two judicial systems. The first is the system implemented by the Sanhedrin and the lower courts. The second is the sovereign ruler’s right to judge. The natures of these two systems are very different. The Sanhedrin and lower courts focus on the rights of the individual.3 Therefore elements such as two witnesses and prior warning are necessary for a conviction. It is the king’s responsibility to insure the well-being of society, and therefore, he has the right to do whatever he sees fit in order to fulfill that responsibility.4
Korach’s rebellion was an act of secession from the sovereign state of the Jewish people. By declaring that he and his assembly were no longer subject to Moshe’s authority, Korach lost the right to be tried within the court system. Only those who consider themselves to be members of the state are subject to the court’s jurisdiction. Moshe, therefore, dealt with them in his capacity as king. He saw their act as an act of war which threatened to undermine the very fabric of Jewish society. Therefore, Moshe waged war against them. The death of the assembly of Korach was not decreed by Heavenly court. This was an executive order from Moshe, invoking his right as king.5 Repentance would not have saved Korach’s assembly, for Moshe’s action was necessary in order to eradicate any doubt from the minds of Bnei Yisroel as to the capacity of his prophecy.
Children, therefore, were subject to this decree as well. The king has the right to do whatever he deems necessary for the preservation of his state. Moshe had that right, even more so in this situation, where Korach’s act was one of war, in which circumstance the individual loses all his rights.
1. 17:28-30
2. Tanchuma 3
3. Droshes HaRan 11
4. Rambam, Hilcos Melachim, 3:10
5. Ibn Ezra, Devarim 33:5
