בּ"ה
Parshas Mishpatim
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‘And these are the Laws [המשפטים] that you shall place before them. If you will buy a Hebrew slave. . .’ (Shemos 21:1-2)
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The question is often raised; what is the significance of the fact that right after the giving of the Aseres HaDibros (Ten Commandments), the Torah begins discussing. . . laws of the Eved Ivri (Jewish slave), and laws of theft and damages? Wouldn’t we expect it to be more “spiritual” topics, so to speak? And also, why specifically is the law of the Eved Ivri first of all the important Laws in this Parsha?
B’Ezras Hashem I want to bring some answers here:
1) --- Chasam Sofer {HaRav Moshe Sofer zt”l}: Rashi zt”l (21:2) explains from Mechilta that this person -- the future Eved Ivri -- stole money and didn’t have enough money to pay back the victim, so the court sold him into slavery.
By way of analogy: The father of a sick child will always be thinking about that child. He thinks about this child in a sense more than all of his other children.
So too here: Hashem is our Father. He is intensely concerned about this child who listened to their Yetzer Hara and stole. It’s almost like Hashem says, “I need to deal with him first. He needs help.” Therefore, immediately after Matan Torah, the Torah discusses the thief, and what can be done to help him repent and become a righteous person. (Brought in Torah Wellsprings).
2) --- HaRav Shlomo Yosef Zevin zt”l (in LaTorah V’LaMoadim): The first word of this Parsha is ‘ואלה -- And these’. And Rashi zt”l brings from Mechilta that wherever it says ‘ואלה -- And these’, it adds onto [i.e. is very connected to] what came before. Just as what came before -- the Aseres HaDibros -- were from Sinai, he quotes from Midrash Tanchuma, so too these Commandments in our Parsha are from Sinai.
Explains Rav Zevin zt”l: Mishpatim are the Laws governing behavior between a person and their fellow (‘bein adam la’chaveiro’). And the nations of the world also have set laws in this regard. But the difference between our Laws -- the Torah -- and theirs, is in the little letter Vav at the beginning of this Parsha; the letter Vav that adds on to what came before. Because with us, even the Laws bein adam la’chaveiro were commanded by Hashem at Sinai; but with them, their rules are “common courtesy”, since people agree that society can’t survive without some rules.
These man-made laws of theirs, though, don’t stand in the face of the Yetzer Hara: When there is any sort of test, etc. people will break all of them and find all kinds of excuses to bypass them or completely nullify them. By us, however, the bein adam la’chaveiro laws are not just proper conduct -- they are Commandments of Hashem! And this gives them sturdy strength and firmness. Just like the Torah is eternal; so too the Mishpatim of the Torah are eternal. . . (See Sefer Divrei Tzaddikim on this for a very similar thing).
3) --- HaRav Nosson Scherman shlit”a: The juxtaposition of this Sidrah (dealing primarily with civil and tort law) with the Ten Commandments and the laws of the Altar provides a startling insight into Judaism. To G-d, there is no realm of “religion” in the colloquial sense of the word. Most people think of religion as a matter of ritual and spirituality. Western man differentiates between church and State. The Torah knows no such distinction. To the contrary, all areas of life are intertwined and holiness derives from halachically correct business dealings no less than from piety in matters of ritual. (The Stone Edition Chumash).
4) --- Tal U’Matar: Let’s start out with three points: #1, What is a slave? Someone who has to do someone else’s will instead of theirs. They have less Mitzvos, and they also have to take more time working for their human master -- and have less time to serve the Real Master, as is discussed. #2, The Sages tell us that this person who was a Jewish Slave had to become one because they stole and could not pay back (see above). And #3, the Rambam zt”l in Hilchos Geirushin (2:20) tells us that people don’t actually want to do things that are wrong. But our Yetzer Hara tries to enslave us to himself and make us do what he wants instead, (may Hashem save us all).
Putting all these together, in the first Commandment of this Parsha, Hashem wants to teach us what freedom is: He wants to let us know that we have the choice to be free -- to do what is right. But, on the other hand, to have to listen to a human being (including our own body and materiality) instead of Hashem, Chas V’Shalom, is being a slave.
And there is another thing we can infer from it: Being a slave is not exactly the most fun thing, often. Probably not the best life. But this person had to become a slave because they enslaved themselves to their Yetzer Hara and stole. This should serve as a lesson for us that bad things come out of sins. You think you’re going to get great stuff and feel good if, Chas V’Shalom, you satisfy the will of your Yetzer Hara? No; on the contrary; you will not feel good, and in fact, you will suffer.
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‘מכה איש ומת מות יומת -- One who strikes a man and he [the victim] dies, shall surely be put to death’ (Shemos 21:12)
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In the Hebrew text, the majority of the words in the entire verse come from the root-word מת (death). This alludes to us just how bad hitting a fellow Jew (without very good reason) is. . .
(Tal U’Matar)
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‘If you will see the donkey of your enemy crouching under its burden, and you will stop [yourself] from helping him?! You shall surely help with him [the owner]!’ (Shemos 23:5)
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There is a very big lesson inherent in this verse: If we go back to Parshas Vayechi, when Yaakov Avinu blessed his sons before he died, we see that he blessed Yissachar that he is like a חמר גרם -- some type of donkey (see the commentators’ explanations). And Rashi brought from Midrash Bereishis Rabbah that this means that he will carry the Yoke of Torah just like a strong donkey carries a burden.
Connecting this idea to our verse, we can see the lesson: The Torah discusses in this case ‘the donkey of someone you hate crouching under its burden’. This can allude to the carrying the Yoke of Torah, i.e. they are, Rachmana Litzlan, having trouble with their carrying of it -- like it says ‘crouching under its burden’. And the Torah teaches us that even if we dislike this person, if they are having trouble with their Torah, such as having trouble with keeping the Commandments or the like, we must help them! Even if we hate them because they do bad things (see the Gemara), then all the more so should we help them to do better things!
A proof for this is that the Torah says that we have to ‘help with him’. Because if this person refuses, Chas V’Shalom, to let you help them, then how will you help them? We are supposed to help with the person, because if they won’t try to pick themselves back up with us, then we can barely help at all (see Gemara Bava Metzia 32b, early in the amud). It is up to each individual whether they want to become a better person, but we should help them do it. . .
Different methods are needed for different situations, though: This is hinted to in the double usage ‘You shall surely help -- עזב תעזב’. And we need to know and figure out, with Hashem’s Help, how to help each individual person according to what kind of a person they are. Based on that, we can know what kind of method to use to bring them closer to Hashem and His Torah.
(Tal U’Matar)
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‘You shall stay far away from a false word -- מדבר שקר תרחק’ (Shemos 23:7)
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The Rebbe Reb Zusha zt”l explains to us that there is another way we can read the above verse: ‘From a false word, you will go far away’ -- i.e. if, Chas V’Shalom we say a false thing, it pushes us somewhat away from Hashem!
(Heard from one of my Rebbeim shlit”a)
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‘And he [Moshe Rabbeinu] took the Book of the Covenant,* and he read it in the ears of the People, and they said, “All that Hashem spoke we will do and we will listen” (נעשה ונשמע)’ (Shemos 24:7)
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Rabbi Simai taught: At the time that Bnei Yisroel said ‘Naaseh -- We will do’ before ‘Nishma -- We will listen’, [beautifully saying that they would do Hashem’s Commandments, before they even heard what they would be! ~~ Rashi zt”l], 600,000 Ministering Angels came down and attached to each Jew two crowns; one corresponding to Naaseh and one corresponding to Nishma.
But when the Jews sinned with the Golden Calf, 1,200,000 Angels descended and removed the crowns. . .
Reish Lakish said: In the future, HaKadosh Baruch Hu will return these crowns to us, as it says (Yeshayahu 35:10), ‘And the redeemed of Hashem shall return, and they shall come to Tziyon with song, and joy from old* upon their heads’. The joy from days of old will be upon their heads.
(Gemara Shabbos 88a)
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* See Rashi zt”l here.
* Translation of Rashi zt”l.
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|~Maaseh~| This week, the 25th of Shevat, was the yartzeit of HaRav Yisroel Salanter zt”l. Actually, it is related that the students of Rav Yisroel calculated that until Moshiach comes, his (Rav Yisroel’s) yartzeit will always be in the week of Parshas Mishpatim. And they explained that most of Rav Yisroel’s Mussar teachings were about Mishpatim, the laws of the Torah regarding monetary matters and things between a person and their fellow, therefore it is fitting that his yartzeit should always be in the week that we read about these rules.
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A prominent student of Rav Yisroel once invited him to the Shabbos night meal. The Rav told him that he didn’t accept any invitation unless he knew how things were run. The student assured him that everything was good; the kashrus standards were impeccable, the cook was a Jewish widow, and at the meal there were words of Torah and zemiros (songs) and the meal would last until late at night!
Rav Yisroel accepted the invitation -- but with one catch: The meal had to be shortened by a decent amount. The student agreed to this.
Shabbos evening arrived, and at the meal, things were very rushed. Courses were served one after another and everything was finished in a very short amount of time, and they were ready to say Birkas HaMazon.
At this point, the student basically asked Rav Yisroel why everything had to be rushed. Instead of replying, the Rav asked that the cook be brought in. When she came, he apologized and asked her forgiveness for rushing things and making her have to serve one course after another with no time to rest.
She replied that the Rav should be blessed, and if only he would be their guest every Shabbos! Because usually, the seudah (meal) lasted until a very late hour, and she would be very tired. But tonight, since things went quickly, she could go home early and rest!
Rav Yisroel now turned back to his student, and told him that that was the answer: True, his conduct at the Shabbos meals was praiseworthy -- with all the words of Torah and holy zemiros. But not at the expense of another person.
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Gut and meaningful Shabbos to all!
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