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PARSHAS MISHPATIM | 29 SHEVAT 5767 | 17 FEBRUARY 2007
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(כל אלמנה ויתום לא תענון אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו (22:21-22
“You shall not cause pain to any widow or orphan. If [pain] you cause him pain in any way, and he [cries] will cry out to me, [hear] I will hear his outcry.”
The Mishnah in Ethics of our Fathers (Avos 3:17) teaches that אם אין דרך ארץ אין תורה, ואם אין תורה אין דרך ארץ – without derech eretz (literally “the way of the land,” but traditionally used to refer to proper conduct and behavior as defined by the Torah) there can be no Torah, and without Torah there cannot be derech eretz. This statement seems to present an enigmatic catch-22 regarding the initial attainment of both Torah and derech eretz.
In his commentary on this Mishnah, Rabbeinu Yonah of Gerona (1180-1263) resolves the apparent contradiction by explaining that the Mishnah is discussing two distinct types of derech eretz. The first derech eretz refers to what is commonly known as essential good manners and interpersonal skills, which one must possess as a prerequisite to the study of Torah. The second derech eretz refers to an exceptional and heightened sensitivity to others, which can only be acquired from learning Torah.
One such example of this sensitivity can be gleaned from our verse, which cautions against causing pain to widows and orphans, who are often among the most helpless and tragic members of society. The verse is written curiously: each of the verbs are written twice.The Torah never wastes a word; what lesson is it coming to teach us?
An insight into these seemingly superfluous words may be gleaned from a powerful story I once heard. A young father and husband suddenly passed away one spring day. As his widow struggled to put the family back together and reassure the orphans, she was determined to make the upcoming holiday of Passover as beautiful as ever, even as she herself wondered who would sit at the head of the table and conduct the Seder.
As part of the traditional preparations, she took her children to get new shoes in honor of the holiday. The owner of the shoe store, familiar with the tragic plight of the family, attempted to cheer up the children by offering each a shiny balloon. While most of them seemed appreciative and momentarily forgot their troubles, one of the girls walked to the door and released her balloon skyward.
The mother, embarrassed at her daughter’s apparent lack of appreciation, proceeded to lecture her about the need for respect and gratitude. The innocent girl looked up at her mother, and through a tear-stained face managed to explain her actions: “Daddy didn’t get one.”
Although any humane person would naturally feel compassion at the plight of a poor widow or orphan, the Kotzker Rebbe, Rabbi Menachem Mendel Morgenstern (1787-1859), explains that the Torah is coming to open our eyes to a finer sensitivity which we are expected to strive for. Our verse uses the double expressions to alert us that the pain of widows and orphans is twofold. When someone hurts a widow or orphan, in addition to the natural pain felt by all people, the cruel treatment reawakens deep wounds by causing them to think that if only their beloved father or husband was still alive, he would come to their defense. It is for this reason that the Torah stresses the need to treat them with mercy.
Such empathy and consideration couldn’t come from the most sensitive human being, but only from the study of Hashem’s Torah. This, then, is the Torah’s derech eretz! return to top
Ozer Alpert can be reached at ozer@partnersintorah.org |
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talking points - parshas mISHPATIM Rabbi Elazar Meisels
1. Know And Understand
“And these are the statutes that you shall place before them” 21:1
- That you shall place before them – “Hashem said to Moshe, ‘Don’t think that you can simply teach the law to them three or four times until they’re familiar with it, without being bothered to teach them how to understand it.’ Therefore it says, ‘that you shall place before them,’ like a table that is set and prepared for a person to partake of." – Rashi
This was the first time the people would be hearing these Halachos, some of which would be logical and some of which would defy human reason. Hashem did not want Moshe to merely instruct us how to act, but also to explain to us how this code of law would benefit us to the utmost. Although comprehension of the rationale for mitzvos at the deepest levels often eludes us, and must not be prerequisite for their observance, there is much that we are given to understand and this was taught to us in tandem with the law itself. By insisting that Moshe include their explanations in the teaching of the laws, Hashem ensured that no Jew would ever be able to claim that he accepted the Torah unwittingly.
2. An Eye For An Eye
“An eye in place of an eye, a tooth in place of a tooth, a hand in place of a hand, a foot in place of a foot.” 21:24
- An eye in place of an eye – One who causes the loss of an eye must compensate him for the worth of his eye. For instance, if he were sold as a servant he would be worth less with only one eye than with two eyes. The one who inflicted the wound must compensate him the difference. This is true of all of the cases mentioned in the pasuk; the intent is not the severance of the actual limb, as our sages have explained in Masechteh Bava Kama 84b. – Rashi
- He must compensate him the monetary value of the eye… -Rashbam
- The reason the Torah expresses the punishment as if it expected the literal removal of the eye, is because that would be his fitting punishment measure for measure. Our tradition however, teaches us that in reality one must only pay the value of the eye… - Sforno
This verse, though widely quoted, is frequently misunderstood. The Oral Law makes it abundantly clear that the punishment is not for the criminal to lose his own limb, but rather, to replace the missing limb through monetary compensation. The various commentaries must be studied to appreciate why this understanding is not a departure from the literal meaning of the verse in order to appreciate the interconnectedness of the Written and Oral Law. An excellent elucidation of this point is offered by the classic commentator Rabbi Yaakov Meklenberg, in Ksav V’kabblah.
3. The Potential To Be Leaders
“’You shall be to me a kingdom of ministers and a holy nation,’ these are the words that you shall speak to the Jewish people” 19:6
- A kingdom of ministers - Leaders – Rashi
- A kingdom of ministers – You shall be to Me, My special portion [dedicated to serving Me in this world] – Rabbeinu Bachya
- Had the Jewish people been meritorious, they could have each been
- Kohen Gadol. This elevated status will be restored to them in the End of Days. – Baal HaTurim
Our decision to assume the weighty moral responsibilities of the Torah endowed us all with the potential to be exceedingly great. How firmly we would adhere to the strictures of the Torah would determine our success at attaining this lofty goal. The potential is there eternally, and although the promise that we would collectively attain it will not be fulfilled until the Messianic Era, every person is capable of individually pursuing and achieving this noble quest. To strive for less is to shortchange oneself of the unique rank accessible only to the Jewish people. return to top
Rabbi Elazar Meisels can be reached at rabbimeisels@partnersintorah.org
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Parshas Mishpatim
Mishpatim contains 53 mitzvos touching almost every aspect of Jewish life. Included in this parsha are the bases for laws concerning Jewish servants, relations between parents and children, civil fines, monetary obligations of borrowers, renters, owners of animals or utensils which damage persons or their property, and the responsibility citizens owe to the public welfare. There are prohibitions against witchcraft, against shaming or defrauding the true convert, the widow, the orphan, and the poor. There are requirements to lend money to Jews in need. We are commanded not to blaspheme against Hashem, and not to curse the judges of the Bais Din. Many kashrus laws are included, as are procedural matters in courts of law insure that all who stand before the court will be treated fairly. Circumstantial evidence may not decide the law. Only direct and incontrovertible testimony of witnesses is admissible. We must assist a fellow Jew to unload an animal struggling under its load. Agricultural requirements of the Shmittah (Sabbatical) year are included. Shabbos and Yom Tov laws are here. Strict prohibitions are enacted against making a treaty with the 7 Canaani nations and against introducing any form of idol-worship.
Hashem reminds the nation that their well-being in Eretz Yisroel will depend directly on their loyalty to His Torah. After the Giving of the Aseres Hadibros, Moshe is called back to Har Sinai for 40 days and nights. return to top
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Shema – Words For Eternity
Dear Rabbi:
I’m reading a book about the Holocaust and I came across a number of stories about Jews who went to their death with the words of the “Shema” on their lips. I am curious as to why this is the prayer that they chose to end their lives with? Is there something more significant in this prayer than the others?
Jason B.
Dear Jason:
Thank you for your excellent question, one that many of our readers have surely wondered about as well. In order to appreciate the significance of the Shema, we must focus not only its literal meaning, but on it’s history. Although the words of the Shema were first written down by Moshe Rabbeinu in Devarim 6:4, that is the not the first time they were uttered. Medrash Rabbah [Devarim 2:34] relates the fascinating story of the first recorded recital of the Shema.
As Yaakov Avinu felt himself nearing death, he called his children together and asked them, ‘When I perish from this world, will you turn to idolatry?’ His sons responded in unison, ‘Hear [our father] Israel, Hashem is our G-d, Hashem is One!’ Yaakov responded in a whisper, ‘Blessed is the name of His glorious kingdom for all eternity’. Rabbi Levi said, ‘When we recite the Shema nowadays, we are stating, ‘Hear our father Israel, that matter [monotheism] in which you have instructed us, we are still faithful to maintain. Hashem is our G-d, Hashem is One.’”
It is noteworthy that of all the things for Yaakov to concern himself with prior to his passing, the thought that his children might depart from the path of monotheism was uppermost in his mind. Imparting this foundation to them was his life’s mission, and he greatly feared for their future should they abandon this tenet.
The Talmud [Masechtah Pesachim 56a] adds that Yaakov had originally intended to share with his children information about the Messianic Era that only he was privy to. Just prior to doing so, however, the information eluded him and he found himself incapable of sharing it. Shocked at this turn of events, he feared that it was a sign that the Messianic Era may never arrive because the Jews will have abandoned the teachings of the Patriarchs. Seeking reassurance on this matter, he questioned his sons regarding their loyalty. When they enthusiastically responded with a firm declaration of Hashem’s Oneness and Unity, he was greatly reassured that they would remain eternally loyal.
Each time we recite the Shema as part of our tefilos, we declare our undying loyalty to this fundamental precept, and in this merit, we anticipate the eventual arrival of the Messianic Era. RM return to top
Rabbi Elazar Meisels can be reached at rabbimeisels@partnersintorah.org |
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Hey, I never knew that! By Ozer Alport
Amazing Insights About the Weekly Parsha
1) Q: If a Jew steals and has no money to pay back his theft, he is sold into slavery by the Bais Din, the Jewish Court of Law. His term lasts six years, at which point he is a free man. If he doesn’t wish to go free, he must go through a procedure that involves getting his ear pierced. Following the procedure, he is a slave until the Yovel, the Jubilee Year. Rashi explains that specifically the ear is pierced as a punishment for having heard at Mount Sinai Hashem’s prohibition against stealing, and nevertheless proceeded to steal. Why is his ear punished for a theft which was performed by his hands and in which it played no role?
A: The Sfas Emes and Rav Tzvi Pesach Frank answer that had he properly “heard” the prohibition against stealing, he would have internalized the lesson and been unable to subsequently transgress. The fact that he was able to violate this commandment reveals that at the time that he heard it, it went in one ear and out the other, and for this disrespect toward Hashem’s mitzvos the ear indeed deserves to be punished!
2) Q: Hashem promises (23:26) that He will fill the number of the days of the truly righteous people who observe all of His commandments. How is this blessing to be interpreted?
A: The Gemora in Kiddushin (38a) derives from this verse that Hashem completes the days of the righteous, which is traditionally understood to mean that He allows them to live complete years and die on the date on which they were born. However, at the funeral of Rav Chaim Volozhiner, one of the eulogizers, Rav Dovid of Novhardok, suggested that a more accurate understanding would be that the righteous die on the day of their bris milah (circumcision). Although the Gemora’s source for this teaching is Moshe, who died on 7 Adar, the day of his birth, this can be explained by the fact that he was born already circumcised! Rav Dovid concluded that with this new understanding, it wasn’t surprising to note that Rav Chaim Volozhiner died one week after his birthday, precisely on the day of his bris milah! return to top
Ozer Alport can be reached at ozer@partnersintorah.org
Parsha Talk: For discussion around the Shabbos Table
1) One Shabbos afternoon, more boys than usual arrived at the neighborhood group for reciting Psalms, and when the time came to distribute sweets to all who had attended, there weren’t enough to go around. Those in charge asked for volunteers to forego their candy for that week in exchange for a guarantee that they would receive two in its place the following week. Some of the boys came to the Rav to question whether such an arrangement violates the prohibition in this week’s parsha (22:24) against taking interest. Does it?
2) The Torah forbids (23:8) a judge to receive any form of bribe from either of the litigants. If Hashem wanted to ensure the fair and unbiased pursuit of justice, why wouldn’t the Torah similarly prohibit the litigants from trying to give a bribe to the judge (just as the Torah forbids not only a lender to lend money with interest but also forbids the borrower from accepting such a loan)?
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