Mishpatim – Peninim on the Torah

אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו

If you [dare to] cause him pain! For if he shall cry out to Me, I shall surely hear his outcry. (22:22)

Horav Shimshon Pincus, zl, derives an important principle concerning tefillah and its efficacy. When a person is confronted with adversity of any kind, he runs from person to person, doctor to doctor, brachah to brachah. In addition, “he also” prays to Hashem. Regardless of the circumstances – financial, health, family – the observant Jew makes a point to cover all the bases – even praying to Hashem. After all, one must make hishtadlus, endeavor. When a poor person goes from house to house begging for alms and, included among the many houses that he visits is the wealthiest man in…

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אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו

Sruly Schnair In Mishpatim, 5784

If you [dare to] cause him pain! For if he shall cry out to Me, I shall surely hear his outcry. (22:22)

Causing pain to someone who is already suffering the pangs of loneliness is ethically and morally indefensible. It is such a heinous act that one is stymied to justify such behavior. As human beings, we possess the capacity for empathy and compassion. When we ignore the feelings of others and deliberately cause them pain, it contradicts the basic foundation of our humanity. In other words, such an aggriever is not a mentch, decent human being. Hashem says that He will listen to the cries of the afflicted. Clearly causing pain is reprehensible under all circumstances. It is especially cruel when…

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ונקרב בעל הבית אל האלקים אם לא שלח ידו במלאכת רעהו

Sruly Schnair In Mishpatim, 5784

(If the thief is not found) then the householder shall approach the court that he had not laid his hand on his fellow’s property. (22:7)

The householder here is not the baal habayis, owner, of the lost/stolen articles, but rather, the shomer, unpaid watchman/custodian who claims that he is not responsible for the item that is missing. It is not his fault. He must come to bais din, court (which is here termed elokim) and swear that he has not laid his hand on his fellow’s property. In a homiletic rendering of the pasuk, Horav Meir, zl, m’Premishlan, explains: One who seeks to come close to Elokim, Hashem, must first be completely innocent of any sins concerning his fellowman. The Torah places a strong emphasis…

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ואלא המשפטים אשר תשים לפניהם

Sruly Schnair In Mishpatim, 5784

And these are the ordinances that you shall place before them. (21:1)

Parashas Mishpatim is replete with laws concerning interpersonal, social interactions – some positive (how we should act); others negative (how we should not act and the repercussions for acting inappropriately). On the surface, nothing about these mitzvos/laws appears to make them endemic solely to the Jewish people. Any decent, humane society would be expected to maintain such laws. What makes them “Jewish”? Horav Moshe Eisemann, Shlita, cites the Malbim (commentary to Devarim 6:20), who alludes to this question. He posits that this question lies at the root of the ben chacham’s, wise son’s, question in the Haggadah. Rav Eisemann explains:…

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ואנשי קדש תהיון לי

Sruly Schnair In Mishpatim, 5783

People of holiness shall you be to Me. (22:30)

It is not enough for a Jew to be good and upright. While these are noble, enviable attributes for anyone else, we answer to a Higher Authority and a Higher calling. We must strive to attain kedushah, holiness. Our neshamos, souls, are pure, and it is incumbent upon us to do everything within our ability to sustain the soul’s pristine nature. It is due to this Heavenly mandate to achieve kedushah that the dynamic concerning what we may do, where we may go, what we may eat and how we should live comes into play. For a Jew, everything comes…

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כל אלמנה ויתום לא תענון

Sruly Schnair In Mishpatim, 5783

You shall not cause pain to any widow or orphan. (22:21)

What kind of person would mistreat a widow or an orphan? The mere fact that the Torah admonishes us against being so cruel indicates that there are people who will do anything to anyone to take advantage – be it for money, or just because they want to show their power. Some people simply do not use their seichel, common-sense. To them, a rule is a rule, and it should apply to the weak as well. Thus, a widow and orphan do not receive preferred treatment. They are no different than anyone else. No leniency exists for them. This is…

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כי תקנה עבד עברי

Sruly Schnair In Mishpatim, 5783

If you buy a Jewish bondsman. (21:2)

The Torah begins Parashas Mishpatim presenting the many mitzvos that cover the gamut from social/welfare relationships to the appropriate manner of service to Hashem, including the laws of the eved Ivri, Jewish bondsman. One would think a number of other mitzvos would also serve as an appropriate opening to Parashas Mishpatim. The various commentators address this question by offering explanations for what seems to be an anomaly, but we know that no anomalies exist in the Torah. Everything is sorted out and presented by Heavenly design. Horav Yosef Shalom Eliyashiv, zl, comments that the very foundation of the laws concerning…

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ואלה המשפטים אשר תשים לפניהם

Sruly Schnair In Mishpatim, 5783

And these are the judgments that you shall place before them. (21:1)

The previous parshah (Yisro) concluded with the laws of the Mizbayach, Altar. Rashi asks why the law of judicial cases are juxtaposed upon the laws of the Mizbayach. He explains this teaches that the Sanhedrin, supreme court, should have its place near to the Bais Hamikdash. [Commentators posit that the reference to the Mikdash, Temple, is an error. Rashi actually means Mizbayach. In any event, the message is clear: The Temple environs are where the Sanhedrin is to be placed. Mizbayach symbolizes sacrifice, which was a primary function of the Sanctuary.] The Mizbayach represents mesiras nefesh, self-sacrifice. Horav Nosson Gestetner,…

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ויבא משה ויספר לעם את כל דברי ד'... ויען כל העם ויאמרו כל הדברים אשר דבר ד' נעשה קול אחד

Sruly Schnair In Mishpatim, 5782

Moshe came and told the people all the words of Hashem… and the entire people responded with one voice and they said, “All the words that Hashem has spoken, we will do.” (24:3)

There is a debate among the Rishonim concerning this parsha, which records Hashem’s instructions to Moshe Rabbeinu vis-à-vis the Torah and the nation’s affirmative response. Rashi contends that the events mentioned in this parsha actually preceded the Revelation and the Giving of the Torah – which is recorded in Parashas Yisro. As far as sequence is concerned, we apply the principle: Torah is not necessarily written in chronological order. Other Rishonim, among them Ramban and Ibn Ezra, feel that these events occurred following the Giving of the Torah. In any event, we will digress and focus on the actual Giving…

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כי תראה חמור שונאך רובץ תחת משאו... עזוב תעזוב עמו

Sruly Schnair In Mishpatim, 5782

When you see the donkey of your enemy lying under its burden… you must nevertheless raise it with him. (23:5)

Targum Yonasan explains the words, Azov taazov imo; “You must nevertheless raise it with him,” as: Mishbok tashbok b’ha’hi shaata yas sina b’libach alvi v’tifrok v’siton imi, “You should vacate your feelings of animosity (at that time) towards him and assist with him.” Apparently, he interprets azov taazov imo as: vacate your feelings of hatred towards him, while azov taazov applies to one’s negative feeling against this person. [While one should never hate a Jew, this refers to one who has sinned.] Why must he relinquish his animus in order to provide support? He does what he must do because…

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אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו

If you [dare to] cause him pain! For if he shall cry out to Me, I shall surely hear his outcry. (22:22)

אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו

If you [dare to] cause him pain! For if he shall cry out to Me, I shall surely hear his outcry. (22:22)

ונקרב בעל הבית אל האלקים אם לא שלח ידו במלאכת רעהו

(If the thief is not found) then the householder shall approach the court that he had not laid his hand on his fellow’s property. (22:7)

ואלא המשפטים אשר תשים לפניהם

And these are the ordinances that you shall place before them. (21:1)

ואנשי קדש תהיון לי

People of holiness shall you be to Me. (22:30)

כל אלמנה ויתום לא תענון

You shall not cause pain to any widow or orphan. (22:21)

כי תקנה עבד עברי

If you buy a Jewish bondsman. (21:2)

ואלה המשפטים אשר תשים לפניהם

And these are the judgments that you shall place before them. (21:1)

ויבא משה ויספר לעם את כל דברי ד'... ויען כל העם ויאמרו כל הדברים אשר דבר ד' נעשה קול אחד

Moshe came and told the people all the words of Hashem… and the entire people responded with one voice and they said, “All the words that Hashem has spoken, we will do.” (24:3)

כי תראה חמור שונאך רובץ תחת משאו... עזוב תעזוב עמו

When you see the donkey of your enemy lying under its burden… you must nevertheless raise it with him. (23:5)

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