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Parsha Page
by Fred Toczek
A survey of parsha thoughts from Gedolei
Yisroel compiled by Fred Toczek. Perfect for printing and
use at your Shabbos tisch.
NEXT WEEK:
TERUMAH
COMING SOON:
PURIM
MISHPATIM 5757
I. Summary -- The Parsha sets forth many basic civil
laws, including:
A. The Humane Treatment of Slaves:
(a) A Jew sold into
slavery as restitution for a theft must be freed after a
maximum of six years; (b) If he married when entering
slavery, the master must support his Jewish wife and
children and free all of them at the end of his
servitude; (c) If a master provides him with a woman
slave, she and their children remain with the master
after he's freed; if he remains so attached to them that
he insists on staying with them after he's freed, he must
make a declaration before the judges to that effect and
have his ear pierced with an awl, whereupon he remains in
servitude until the Jubilee (50th) year; (d) A man may
"sell" his daughter to be a maidservant until
she is 12 years old (Chazal make clear that this is only
to be invoked for her benefit -- i.e., he is only
permitted to "sell" her if the sale is expected
to result in her marriage to either her master or his
son; even is such circumstances, however, the Talmud
notes that this is only done when it is an opportunity to
provide for her future which would otherwise not be
available); if she displeases her master, she can't be
resold to a foreigner, but may be redeemed by her
relatives; if the master's son marries her, she is
treated as a free-born Jewess; she can't be denied her
marital rights if the master/his son marries another
woman, in which event she goes free; (e) If a man strikes
and kills his non-Jewish slave, he's punished by the
judges; if, however, the slave dies after a day or two,
he's not punished since it's assumed he didn't intend to
kill the slave; if he maims the slave, the slave is
immediately freed.
B. Death Penalty is imposed for: willful murder (if
accidental, he can escape the vengeful survivors by
fleeing to a City of Refuge), cursing a parent with
Hashem's name, kidnaping, practicing witchcraft,
bestiality and idol sacrifice.
C. Tort Law
(1) Personal injury: (a) If one injures another during a
fight, he's liable for his loss of earning, medical
expenses and pain, embarrassment and physical injury; (b)
If during a fight one accidentally strikes a third party
pregnant woman and cause her to miscarry, one is liable
for damages: "an eye for an eye, a tooth for a tooth
. . . " (which, while commonly misunderstood, means
the monetary value of an eye, etc.); (c) If the owner of
a dangerous animal fails to take proper precautions and
the animal kills a person, the animal is killed and the
owner is punished; (d) If an animal kills a non-Jewish
slave, the slave's owner is given 30 shekels of silver.
(2) Property damage/Theft: (a) If animal dies after
falling into an uncovered pit, its owner is entitled to
its value (minus the value of its carcass); (b) If one's
ox kills another's ox, the surviving ox is sold and the
owners divide the proceeds from both oxen; (c) If one
steals and slaughters or sells an ox, he must pay 5 times
its value to its owner (4 times its value for a sheep);
if the thief is found with the animal in his possession,
he pays double; (d) It is justifiable homicide to kill a
burglar in your home at night, but murder to do so during
the day; (e) A thief who is too poor to offer repayment
is offered into slavery; (f) When one knowingly allows
his animal to wander into another's field or vineyard and
cause damage, the best parts of his field are evaluated
as the basis for assessing the restitution; a similar
penalty is assessed on one who lights a fire and allows
it to spread to his neighbor's property; (g) If
money/property entrusted to the care of non-paid
individual is stolen, the owner may be paid double its
value; such amount is to be paid by the thief (if he is
caught), the trustee (if he is caught or is found guilty
of embezzlement), or by witnesses who falsely accuse the
trustee of having the object in his possession; the
trustee can absolve himself from liability by taking an
oath that he isn't responsible for the loss; (h) When an
animal entrusted to a paid watchman for safekeeping dies,
is injured or is carried off by robbers, the trustee can
take an oath that he wasn't responsible; if it was
stolen, he's responsible; if the animal is mauled by wild
beasts, the trustee isn't liable if he can produce the
carcass; and (i) A borrower is responsible for the
borrowed animal's death or injury, unless the owner is
present at the time of the accident.
D. Treatment of strangers, widows and orphans.
A
stranger (which Chazal explain refers to a convert,
although it obviously can include any other stranger)
isn't to be wronged or insulted in any way "for the
Jews were strangers in Egypt". Similar consideration
must be shown to widows and orphans.
E. Loans. Loans between Jews must be interest-free; if
one takes a garment which is used as a blanket at night
for a pledge, he must return the garment to its owner
before sunset.
F. Perversion of justice. The perversion of justice can
be the greatest danger to the survival of a civilized
society; it can be caused by the following: a witness
giving false evidence on behalf of a guilty individual; a
witness not remaining firm in upholding righteousness but
instead following the majority in the wrong; a judge
administering justice on a partial basis; a judge
accepting a bribe.
G. Helping others. One must extend a helping hand to a
fellow Jew, even if there is a rivalry between them. If
one comes upon a rival's lost animal, he must return it
to its original owner. Similarly, if one finds an animal
lying helplessly under its burden, one should assist it
and ease its pain.
H. First fruit/born. The first fruits and produce of
land and vineyards must be offered to Hashem; similarly,
the firstborn of men of animals are to be dedicated to
Him.
I. Other laws: the prohibition against eating Treifeh
(the meat of an animal torn by beasts in the field); the
Shemitta (7th) year, during which the land is to lie
fallow; the complete abstention from work on Shabbos; the
pilgrimage to Israel on the three Festivals (Pesach,
Shavous and Sukkot); the prohibition against seething a
kid in its mother's milk.
J. Hashem's concluding message: Hashem promises the Jews
that if they obey the Divine law, He will support them in
their gradual conquest of Canaan, and their victory will
be assured.
K. Moshe goes up to Mt. Sinai: Moshe returned from the
heights of Mt. Sinai and, after writing down all of the
precepts conveyed to him by Hashem, offered sacrifices
and read the Book of the Covenant to the Jews, to which
they instantly responded "All that Hashem has spoken
we will do and we will hear". At Hashem's bidding,
Moshe, Aharon, Nadav and Avihu, together with the 70
Elders, ascended the mountain, where they witnessed a
mystical vision of the Divine Glory. After their descent,
Moshe was summoned alone to receive the 2 tablets of
stone on which Hashem had inscribed the 10 Commandments
so that they could be taught fully to the Jews, while
Aharon and Chur were left to govern in his absence.
Followed by Yehoshua (who remained on the lower part of
the mountain), Moshe ascended Mt. Sinai, which was
surrounded by a cloud. He then passed into the mists of
the cloud and remained on the mountain for 40 days and 40
nights.
II. Divrei Torah
A. Artscroll Chumash
Civil law. The juxtaposition of this Parsha (dealing
primarily with civil and tort law) with the 10
Commandments provides a startling insight into Judaism.
The Torah doesn't know a distinction between "church
and state"; to the contrary, all areas of life are
intertwined, and holiness derives from halachically
correct business dealings no less than piety in ritual
matters. In Judaism, the concept of the
"temple" is in the courtroom, the boardroom,
the home as well as in the synagogue.
B. Growth Through Torah (Rabbi Zelig Pliskin)
1. No human can give up on the life of another person.
"And he shall be healed". From this verse, the
Talmud derives that a doctor is permitted to heal; the Chozeh of Lublin noted that a doctor only has permission
to heal; he doesn't have the right to despair or be
pessimistic about someone's chance of recovery since
Hashem has the final say and can bring about miracles. If
this is true with medical problems, all the more so when
it comes to areas pertaining to people's behavior and
emotions; as long someone is alive there is always hope
for improvement if s/he is motivated to make changes, and
we must never give up hope.
2. Learn sensitivity to causing others loss or pain from
the laws of damages. It is easy to look at the civil laws
in Mishpotim merely in terms of financial obligations;
but the proper way to view them is from the perspective
of Chinuch: the foundation of these laws is the mitzvah
of loving our fellow man; studying these laws increase
our sensitivity to hurting our fellow man -- financially
and/or otherwise.
3. Empathy for others includes both feeling their pain
and experiencing their joy. "They saw a vision of
the G-d of Israel, and under His feet was something like
a sapphire brick, like the essence of a clear sky."
Rashi comments that the brick was in Hashem's presence
while the Jews were enslaved in Egypt to remind Him of
their suffering as they were forced to build with bricks;
the "essence of a clear sky" is because once
the Jews were liberated there was light and joy before
Hashem. R' Yeruchem Levovitz comments that these
attributes of Hashem teach us that when someone else is
suffering we must take some concrete action to remind us
of their suffering (he also notes that this teaches that,
even at a time of redemption and joy it is important to
recall the previous suffering that one has experienced),
and that we must also make an effort to feel another's
joy. This is illustrated by the following story: When the
Mirrer Yeshiva didn't have enough money to buy food for
its students, R' Eliezer Yehudah Finkel, the Rosh
Hayeshiva gave the fur coat he received for his wedding
to the people in charge of the yeshiva's finances to
sell. At first the administrator refused to take it,
reminding the Rabbi that it was cold winter and that he
could become ill without his coat. But R' Finkel
insisted, saying: "If the students are hungry, it is
very cold for me even if I am wearing a warm coat;
however, if they have enough to eat, I feel warm even
without a coat".
4. Showing Kindness to Others. The Mishpotim show us the
importance of showing kindness to others. Jews were told
to show patience and kindness to others, and by so doing
exhibit to others the beneficial effect of adhering to
Hashem's Torah, in which the spirit of brotherhood is
given a very high status. Rabbi Yisroel Salanter knew how
to deal with strangers, even rude ones. He was once
sharing a train compartment with a young man, who was
unusually disrespectful. Although they were sitting in a
"no smoking" section, the man lit a cigarette
and practically blew the smoke in Rabbi Salanter's face.
Rabbi Salanter didn't say a word, but merely opened the
window a few minutes later. The man, continuing to smoke,
protested that he was getting a breeze and insisted that
the Rabbi close the window, which he did. A few minutes
later, the man was at it again, this time insisting that
Rabbi Salanter open the window, which Rabbi Salanter did
without protest. When the train arrived in the station,
the young man glanced outside and was amazed to see a
large crowd gathered. "Who in the world could they
be waiting for?," he wondered out loud, "Is
there someone famous aboard the train?"
"Everyone is important in his or her own way,"
the Rabbi replied. When they disembarked, the man was
amazed to see the crowd surge forward to greet Rabbi
Salanter. When an onlooker told him that the people were
honoring Rabbi Salanter, the great leader of the Jewish
people, the young man immediately felt tremendous
embarrassment and remorse for the way he treated the
Rabbi. He immediately went up to Rabbi Salanter and asked
for his forgiveness. The Rabbi motioned to the man to
come close and said, "My son, I am very pleased to
see you again and even more so to hear your words. Would
you please pay me a visit tomorrow when we can get to
know each other better without the discomforts of the
train interfering?" The next day, the young man
called on Rabbi Salanter, continuing his profuse
apologies. Rabbi Salanter found out the man had come to
the town to find out more about Judaism, and secured for
him not only a teacher but also room and board. Within a
short time, the young man made tremendous progress. A
companion who heard this story asked Rabbi Salanter why
he had aided someone who was so rude to him. "When
he asked me for forgiveness," Rabbi Salanter
replied, "I did so immediately. After all, if Hashem
forgives our sins when we do teshuvah, it is certainly
our job to forgive our fellow man. Then to ensure that I
held no malice, I went out of my way to help him. In the
long run, I have found that kindness and patience are
more effective to winning people over to Judaism than are
anger and exacerbation."
C. Kol Dodi on the Torah (Rabbi David Feinstein)
The Cities of Refuge. "And I shall make for you a
place to which he [the unintentional killer] may flee
[the victim's vengeful survivors]". But why does
Hashem say "for you", rather than "for
him". Since if someone kills unintentionally, it is
only because the society has been lack in demonstrating
respect for human life; thus, the cities of refuge are
for everyone's benefit (i.e., to remind everyone of their
collective carelessness and responsibility).
D. Majesty of Man (Rabbi A. Henach Leibowitz)
Changing one's feelings. "If you see the donkey
of your enemy lying under its load, and you want to
refrain from helping help, you shall surely help
him". Targum says that this actually requires that
we abandon our hated of our enemy for the moment, since
to do "chesed" (kindness) it must be done
wholeheartedly with love. We must learn to control our
feelings; while it takes much effort, we can change our
feelings from one extreme to the other if we put our mind
-- and heart -- to it.
E. In the Garden Of The Torah (the Lubavitcher Rebbe,
Rabbi Menachem M. Schneerson, z'tl)
1. After Sinai: Making The Torah A Part of Ourselves. Our
Sages divide mitzvos into 3 general categories:
(a)
"mishpotim" ("judgments") - mitzvos
which are dictated by reason (e.g., the prohibition
against murder and theft);
(b) "eidus"
("testimonials") - mitzvos which are
commemorative (e.g,. Shabbos, eating matzah on Pesach),
allowing us to relive events and more easily grasp their
spiritual significance; and
(c) "chukim"
("decrees") - mitzvos which are supra-rational
(e.g., kashrus). Why, following the momentous event of
"Matan Torah" (Giving of the Torah) didn't
Hashem give the Jews chukim, rather than mishpotim which
could (seemingly) be postulated by reason?
(1) Rashi
explains that the main thrust of Matan Torah is the
clothing of G-d's will and wisdom into concepts which
mortals can understand; when a person studies Torah, he
comprehends G-dliness and joins his mind with G-d's; such
a bond is most completely established in the study of
those dimensions of the Torah which relate to worldly
matters, for these are the ideas which human intellect
can thoroughly comprehend;
(2) G-d brought all existence
into being because He desired a dwelling place in the
lower worlds. The mishpotim communicate G-dliness in
relation to the everyday lives of mortals; the
comprehension of these laws brings G-dliness into each
person's mind, making it a "dwelling for G-d";
the application of these laws enable a society to become
a "dwelling for G-d" in the most complete
sense; and
(3) After a person is able to internalize
G-dliness through the systematic study and application of
the Torah's laws, he/she is fit to experience dimensions
of G-dliness which transcend human comprehension -- the
heart of the Sinai experience.
F. The Chassidic Dimension (the Lubavitcher Rebbe, Rabbi
Menachem M. Schneerson, z'tl)
Faith and reason. The precepts of the Torah are
divided into rational and supra-rational commands. Why
does Hashem give the Jews the mishpotim right after Matan
Torah (the Giving of the Torah)? (a) the Torah states
"This is my G-d and I will glorify Him, the G-d of
my father and I will exalt Him". What difference is
there between the two? A Jew is expected to relate to G-d
in two ways -- first there is the belief in G-d ingrained
in him because it is handed down from parent to child --
the "G-d of my father"; however, a Jew is also
expected to relate to G-d and become united with Him
through his own understanding -- "my G-d". Only
when one truly comprehends G-d is the latter relationship
possible, for only then does his/her faith in G-d
permeate his/her being; and (b) Matan Torah made it
possible for "that which is on high to descend
below" (i.e., it enabled spirituality to permeate
the physical world) and for "those who are below to
rise on high" (i.e., it enabled physicality to
cleave to the spiritual). This means that a physical
entity itself, while retaining its physically, should be
able to become one with G-dliness. Matan Torah allowed
those "below" to rise on high through their own
service and reason (i.e. for the Torah to permeate and
become one with a person's reason, as expressed in the
rational commands of this Parsha). This is why this
Parsha immediately follows Yisro, the Parsha which speaks
of faith and of the revelation of G-dliness from on high.
G. Ve-She-Non-Tom (Rabbi Elias Schwartz)
1. The Torah Governs All Aspects of Our Lives. Rashi
notes that this Parsha which lists laws, immediately
follows the Parsha about the Altar. What is the meaning
of this? To teach us to put the courts of justice near
the Altar. The Avnei Awzel brings out a very important
lesson from this juxtaposition. In all nations of the
world, laws governing individuals have nothing to do with
religion. It is merely a law of the realm concerning the
civilized status of the individual citizens. However,
Hashem taught us that every law concerning the individual
Jew is based upon a G-dly Law and is part of our
religion. There is nothing in our lives which can be
disassociated from the Torah. As the Rambam said,
"in all that you do, you should know G-d."
Every action should be dedicated to Hashem.
2. The Inspiration of Shabbos. "On the 7th day
shall you rest, and your ox and donkey will also
rest." The Ger Rebbe asked why in the first part of
sentence it says you (i.e, speaking directly to the
individual), whereas in the second part of the sentence
it says your (i.e., in the third person)? To teach us
that we should observe the Shabbos in such a way that we
should influence our whole surroundings. Your animal will
rest of itself, because of the spirit of Shabbos that you
have created. The Gemorah tells of the ox of Rabbi
Yochonon that was sold to a non-Jew. When the Shabbos
came, the ox refused to work. The Shabbos had become such
a part of his life cycle, that instinctively he knew that
he had to rest on this day. We too must prepare for
Shabbos in such a way that our entire family, friends and
neighbors will realize that Shabbos is a special day.
When they feel this special "kedusah"
(holiness), they will look forwarding to it week to week,
and it will become a central theme in their lives.
H. Wellsprings of Torah (Rabbi Alexander Zusia Friedman)
Holy Man. "And you shall be holy men to Me . . .
" You shall be holy, but as men -- that is, you are
to sanctify your human conduct, for that is the main
holiness of man. Hashem has no lack of angels in Heaven.
(Rabbi Menachem Mendel of Kotzk, z'tl)
I. Peninim on the Torah (Rabbi A.L. Scheinbaum)
Our Individual Efforts. It is obviously beyond the
abilities of even the greatest contemporary man to
memorize all of the details of the Torah in 40 days,
simultaneously comprehending all of its nuances. Moshe
did all of this while also learning how to perform all of
the mitzvos. Consequently, we can deduce that the process
of study which occured on the mountain was no less than a
miracle. Hashem bestowed this learning upon Moshe as one
pours wine into a vessel. If this was a miracle, why were
40 days necessary, for this wisdom could have been
imparted upon Moshe in a single moment? We learn from
this that Moshe's efforts were required; only after this
unique endeavor was Moshe rewarded with these remarkable
results. His efforts, combined with Divine assistance,
resulted in this amazing result. Moshe's study session
was intended to serve as a paradigm for future
generations. Effort is always required in Torah study, no
matter how uniquely talented an individual may be, and
Hashem rewards such effort with success. (HaRav Avigdor
Miller)
J. Darash Moshe (Rav Moshe Feinstein, z'tl)
Accepting the words of our Sages in every generation.
"And the entire people responded with one voice and
they said all the words that Hashem has spoken we will
do.'" (Verse 24:3); "And everything that Hashem
has said, we will do and we will hear." (24:7). In
the first of these two declarations of acceptance of
Hashem's words, the Jews agreed to only accept those
utterances which they knew to be said by Hashem. Hashem,
however, knew that this type of acceptance was
inadequate, since it is possible over time that certain
things would be forgotten or their underlying reasons
distorted. Therefore, He also desired that the Jews also
accept the words of the Torah Sages of each generation.
This includes both the words received by the Sages from
their predecessors, but also their interpretations of the
Torah's meanings.
NEXT WEEK:
TERUMAH
COMING SOON:
PURIM
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