This week’s parsha offers us a powerful message,
encapsulated in the change of one word.
“If a quarrel should occur among men and they bring it to
court and a decision is issued and (the judges) determine who is righteous and
they convict the wicked. Should the wicked man deserve to be flogged, the judge
shall have him lie down and have him flogged in front of him in the amount
befitting his crime, in its number (of lashes required for the crime). Forty lashes
is the judge to have him (the guilty party) flogged, he may not add; lest he flog
him further, to excess, then your brother will be slighted before you. (Devarim
25:1-3).
Rashi notices that the individual identified as a ‘wicked
man’ in the first and second verse is suddenly referred to as ‘your brother’
after he is flogged the requisite amount required by law. Rashi comments
succinctly: He is constantly described as a criminal but after the flogging he
is called “your brother.” The lesson we are to take from this word change is a
pointed one. Someone may fall into error and become contentious, even
destructive (initiating the “quarrel” of our verse). But once his error is
publicly identified and some form of suitable corrective is meted out, we are
no longer entitled to refer to him as ‘wicked’; instead, we must consider him
again as our brother.