Why does the Torah juxtapose the Pasuk regarding an Asheirah to the Pasuk regarding Dayanim?
Seforno: Refer to 16:20:3:2. Consequently, the Torah now presents three prohibitions which, from a physical aspect, seem to enhance the Avodah, yet they are forbidden because they are spiritually blemished: 1. 'Asheirah' - which beautifies the Mikdash, but is disgusting because it was a rite of idolaters 1 ; 2. 'Matzeivah' - which was favored before Matan Torah, 2 since it renders the person bringing the Korban as if he were standing before Hashem, 3 but fell out of favor after the episode with the Golden Calf, when they were no longer on that level. 4 3. 'Ba'al-Mum' - A blemished animal, which may be a fat prize bull, whose blemish does not detract from its market value, but it is Pasul for a Korban, whereas a cheap unblemished bull is Kasher. 5
Targum Yonasan: To teach us that, just as one is forbidden to plant an Asheirah next to the Mizbe'ach of Hashem, so too, is it forbidden to include a fool (who is not conversant with Halachah) in the Beis-Din. 6
Sanhedrin 7b: To teach us that, if someone appoints an unqualified judge, it is as if planted an Asheirah next to the Mizbe'ach, 7 and in a town where there are Talmidei Chachamim, it is as if he planted it next to the Mizbe'asch - as the Pasuk concludes "Eitzel Mizbach Hashem". 8
Seforno: And similarly, we are more concerned for the spiritual righteousness of Dayanim than physical perfection (Refer to 16:19:4:4).
Seforno: See Sh'mos, 24:4.
Seforno: As the Pasuk writes in Tehilim, 16:8 "Shivisi Hashem Lenegdi Tamid".
Seforno: See Sh'mos 33:3. Similarly, we prefer a Chacham who never had ill repute from his youth, over one who did.
Similarly, we prefer a Chacham with good Midos over one with a bad Midah, even if the latter is richer and better-looking.
See also Torah Temimah and Ba'al ha'Turim. - See Na'ar Yonasan. Se also 16:22:1.1:1
The comparison is based on the similarity between them - inasmuch as, just as the seed - or even the sapling - that one plants has no semblance to the Asheirah that eaventually grows, so too, does the 'Isj she'Eino Hagon' (the man who is merely not worthy) has no semblance to the Rasha, who takes bribes and perverts justice, that he ultimately becomes - See Oznayim la'Torah DH 'Lo Sita' #1.
See Torah Temimah, note 88. See also Ba'al ha'Turim.
What is the definition of an Asheirah in this context?
Rashi, Ramban and Rashbam: It is a tree that is planted in the vicinity of the Mizbe'ach (anywhere on the Har ha'Bayis ? Rashi), even if it is not for the sake of idolatry. 1
Ramban and Seforno: Even though one plants it in honor of Hashem and the Mizbe'ach.
Why does the Torah add the words "Kol Eitz"?
Rashi: It comes to include planting a tree or building a house 1 ?anywhere on the Har ha'Bayis. 2
Tamid, 25b: To teach us the prohibition against making wooden sun-porches in the Azarah. 3
Moshav Zekenim: And we find that building is called Neti'ah - as in "Vayita Aholei Apadno" - in Daniel 11:45, "Linto'a Shamayim" - in Yeshayah 51:16 and "u'Netatim al Admasam" (Amos 9:16). See also Oznayim la'Torah DH 'Lo Sita' #2, who explains why the Lashon Neti'ah is applicable to the Beis Hamikdash
The Ramban explains that this is an Asmachta, even though it is not hinted in the Pasuk. See also Sifsei Chachamim and refer to 16:21:153:1.
See Torah Temimah, note 89, who explains that this is merely an Asmachta. See also Torah Temmah, citing the Yerushalmi Megilah, 1:4 and notes 90 & 91.
Why does the Torah forbid planting an Asheirah specifically beside the Mizbe'ach?
Ramban, Rashbam, Da'as Zekenim #1, Hadar Zekenim#1 and Rosh #1: Because it was customary for idolaters to plant trees outside their houses of idol-worship (and in case one comes to worship it ? Rashbam).
Seforno: Refer to 16:21:1:1 & 16:21:2:1*.
Da'as Zekenim #2, Hadar Zekenim #2 and Rosh #2: Because when someone brings a Korban on the Mizbe'ach, it will appear as if he is sacrificing to the Asheirah.
Rashbam: ? In case one comes to worship it, as the Nochrim do. 1
Sanhedrin, 7b: Refer to 16:21:1:3.
Rashbam: As the Pasuk points out in Shoftim, 7:25. See also Yirmiyah, 17:2.
Why does the Torah write "Lo Sita ... Asheirah" and not "Lo Sa'avod Asheirah"?
What are the ramifications of the comparison of an Asheirah to the Mizbe'ach?
Yerushalmi Megilah, 1:4: It teaches us that, like the Mizbe'ach (in the event that it becomes Pasul),the Avodah Zarah of a Yisrael requires Genizah (burial). 1
See Torah Temimah, note 92.
Why does the Torah juxtapose the Isur of planting an Asheirah next to the perversion of justice?
Targum Yonasan: To teach us that, just as it is forbidden to plant an Asheirah next to the Mizbe'ach, so too, is it forbidden to appoint a fool on the Sanhedrin.
What do we learn from (the otherwise superfluous) words "asher Ta'aseh lach"?
Sifri Zuta: It comes to forbid planting a tree near a Bamah - that he made himself.
QUESTIONS ON RASHI
Rashi writes that he is liable even if he does not worship it. Why is that not obvious? The Torah forbids planting it? It did not mention worshipping it?
Moshav Zekenim: Because we might have thought that he is liable only if he worships it, 1 at which point he transgresses twice.
Because logically, he ought not to be Chayav for merely planting it - and the Torh is teaching us the Chidush that he is.
Moshav Zekenim: Similar to Rava (in Kidushin 78a, who holds that a Kohen who betroths a divorcee receives Malkos only if he is intimate with her (PF).
Rashi writes that one may not build a house on Har ha'Bayis. But the Pasuk is discussing planting, not building?
Moshav Zekenim: We find that building is called Neti'ah. 1
Refer to 16:21:2:2*.
Moshav Zekenim: As in "va'Yita Ahali Apadno" - in Daniel 11:45, "Linto'a Shamayim" - in Yeshayah 51:16 and "u'Netatim al Admasam" (Amos 9:16). See also Oznayim la'Torah DH 'Lo Sita' #2, who explains why the Lashon Neti'ah is applicable to the Beis Hamikdash
