Mishpatim – Page 6 – Peninim on the Torah

ואם אמור יאמר העבד אהבתי את אדני...לא אצא חפשי והגישו אדניו אל האלקים והגישו אל הדלת או אל המזוזה ורצע אדניו את אזנו במרצע ועבדו לעולם

But if the bondsman shall say, “I love my master… I shall not go free… then his master shall bring him to the court and shall bring him to the door or to the door post, and his master shall bore through his ear with the awl, and he shall serve him forever. (21:5,6)

The Torah takes a dim view of an eved Ivri, Hebrew bondsman’s, desire to continue his servitude. His ear is bored with an awl as he stands near the doorpost. Why the ear? The ear (together with the rest of the body) stood at Har Sinai and heard Hashem declare, “Lo signov, Do not steal.” Yet, the man went ahead and stole. He had a list of excuses to justify his behavior. But, at the end of the day, he was a ganov, thief, and must pay for his actions. He had no money – otherwise, why would he steal?…

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והגישו אדניו אל האלקים...ורצע אדניו את אזנו במרצע ועבדו לעלם

Rabbi L. Scheinbaum In Mishpatim, 5773

Then his master shall bring him to the court… and his master shall bore through his ear with the awl, and he shall serve him forever. (21:6)

Rashi interprets Elokim as bais din, the Jewish court of law. Why would the court be compared to the Almighty to the point that they carry his Name? While there is no doubt that the members of the court are distinguished scholars, men of repute and distinction, but referring to them with G-d’s Name seems to be carrying their distinction a bit too far. Horav Gamliel Rabinowitz, Shlita, views this from a practical standpoint. An individual stands before the Bais Din and presents his claim in a clear manner. He lays out the proof, clears up any ambiguity that might…

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מדבר שקר תרחק

Rabbi L. Scheinbaum In Mishpatim, 5773

Distance yourself from a false word. (23:7)

Sforno writes that one must distance himself from anything that might lead to falsehood. Sometimes we do something innocuous, but it creates a situation in which someone else is compelled to lie – albeit inadvertently. Sefer Chassidim mentions an all-too common situation, whereby one notices a group of friends speaking furtively among themselves. Of course, he wants to know what it is they are shrouding in so much secrecy. If he approaches them and asks, “What are you talking about?” he knows that he might cause them to lie. Let’s face it, if they wanted him to know the topic…

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Rabbi L. Scheinbaum In Mishpatim, 5772

“When you will buy a Hebrew servant.” (21:2)

Parashas Mishpatim deals primarily with civil and tort law. It begins with the laws regarding the eved Ivri, Hebrew slave. The Sefer HaChinuch explains that as a preamble to the laws of social justice, the Torah details the laws concerning the eved Ivri. We are to derive from here that, in order to achieve the necessary level of sanctity, the citizens of our emerging nation must exemplify compassion and act with kindness towards our fellowman. This begins with the slave whom we are to treat with extreme kindness, according him the respect a descendant of Avraham, Yitzchak and Yaakov deserves….

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Rabbi L. Scheinbaum In Mishpatim, 5772

“You shall not persecute any widow or orphan.” (22:21)

One tear. Who can estimate the value of a tear shed by a lonely man, weeping over his sorry lot in life? Who can imagine the power and influence of a tear shed by a poor widow, bemoaning her fate, grieving over her loss, which is magnified every time she senses that vacuum in her life, the loneliness and feeling of helplessness that have now become her partner? Indeed, we cannot begin to calculate the value, the power and the influence which the tears of the broken-hearted generate. Every tear pierces through the heavens and is gathered before the Heavenly…

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Rabbi L. Scheinbaum In Mishpatim, 5772

“You shall not revile G-d, and you shall not curse a leader among your people.” (22:27)

Words are cheap, and emotions, at times, run high. We might accidentally say something that we will regret later on. What we do not understand is that words have an effect and they might cause irreparable damage to another person, as the following story illustrates: A certain rav in Yerushalayim, a Slonimer chasid, did not have children for twenty-four years after his marriage. Ultimately, following a miraculous incident he and his wife were blessed with a child. He related that as a young man he was a student at Yeshivas Slonim in Yerushalayim. The woman who came nightly to clean…

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Rabbi L. Scheinbaum In Mishpatim, 5772

“Distance yourself from a false word.” (23:7)

Integrity is much more than a virtue, a good character trait – it defines a human being. Indeed, there is no other negative command/transgression in the Torah where there is a special warning to distance oneself. Falsehood can swallow up a person, overwhelm him. We try to justify our lack of integrity, saying it is not really a falsehood; it is for the purpose of a mitzvah; nothing really bad will come out of it. While all this may be true, the end result is that the person has lied. A white lie today becomes a major falsehood tomorrow. Horav…

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Rabbi L. Scheinbaum In Mishpatim, 5771

But if the bondsman shall say, “I love my master…I shall not go free…” and his master shall bore through his ear with the awl. (21:5,6)

There is no sin in the Torah for which a similar punishment is meted out. Chazal say that the ear is bored because it was the ear that heard Hashem say on Har Sinai, “To Me shall the Jewish People be servants” (Vayikra 25:55), and this individual then went and acquired for himself a (human) master anyway. The question is glaring: If the issue is becoming a slave, why is his ear pierced – after six years of servitude? It should have been done immediately when he sold himself as a slave. Why is he punished now, after all of…

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Rabbi L. Scheinbaum In Mishpatim, 5771

If a man shall steal an ox or a sheep, and slaughter it or sell it, he shall pay five cattle in place of the ox, and four sheep in place of the sheep. (21:37)

The Talmud Bava Kamma 79b distinguishes between a ganav, thief – who steals surreptitiously – and a gazlan, robber, who fears no man and steals publicly. The ganav pays keifel, a fine of double the value of the principal, and arbaah v’chamisha, four and five times the principal depending on whether it is a sheep or an ox, in the event that he sells or slaughters the animal. The students asked Rabban Yochanan ben Zakai why the Torah is more stringent concerning the ganav than it is toward the gazlan. Rabban Yochanan replied that the gazlan has equalized the respect he…

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Rabbi L. Scheinbaum In Mishpatim, 5771

Distance yourself from a false word. (23:7)

The admonition against uttering a falsehood, is quite different from other prohibitive mitzvos. Nowhere does it state that one must distance himself from the aveirah, sin. Proximity to the sin, or area which might bring one to sin may not be advisable, but there does not seem to be a specific exhortation against it. Falsehood, however, seems to be very dangerous. It has such a strong gravitational pull that simply being in its immediate environment is dangerous and can influence one to sin. Why is it different than maachalos asuros, forbidden foods, which do not carry such a stringency that one…

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ואם אמור יאמר העבד אהבתי את אדני...לא אצא חפשי והגישו אדניו אל האלקים והגישו אל הדלת או אל המזוזה ורצע אדניו את אזנו במרצע ועבדו לעולם

But if the bondsman shall say, “I love my master… I shall not go free… then his master shall bring him to the court and shall bring him to the door or to the door post, and his master shall bore through his ear with the awl, and he shall serve him forever. (21:5,6)

והגישו אדניו אל האלקים...ורצע אדניו את אזנו במרצע ועבדו לעלם

Then his master shall bring him to the court… and his master shall bore through his ear with the awl, and he shall serve him forever. (21:6)

מדבר שקר תרחק

Distance yourself from a false word. (23:7)

“When you will buy a Hebrew servant.” (21:2)

“You shall not persecute any widow or orphan.” (22:21)

“You shall not revile G-d, and you shall not curse a leader among your people.” (22:27)

“Distance yourself from a false word.” (23:7)

But if the bondsman shall say, “I love my master…I shall not go free…” and his master shall bore through his ear with the awl. (21:5,6)

If a man shall steal an ox or a sheep, and slaughter it or sell it, he shall pay five cattle in place of the ox, and four sheep in place of the sheep. (21:37)

Distance yourself from a false word. (23:7)

YEARS

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