Mishpatim – Peninim on the Torah

ואנשי קדש תהיון לי

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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כי תקנה עבד עברי

Sruly Schnair In Mishpatim, 5782

When you acquire a Hebrew bondsman. (21:2)

The Torah selected the laws concerning the purchase of an eved Ivri and the master/servant relationship between the master and his Hebrew bondsman to be the opening mitzvah following the nation’s receiving the Torah at Har Sinai. This Revelation and Giving of the Torah culminated their redemption from Egypt and their becoming Hashem’s select people. In order to understand the preeminence of this mitzvah and its overarching significance for molding the national character of Klal Yisrael, I cite the commentary of the Sefer Chinuch. The mitzvah of eved Ivri is the adjudication of the law concerning the Hebrew bondsman: to…

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ואלה המשפטים אשר תשים לפניהם

Sruly Schnair In Mishpatim, 5782

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

Rashi comments, lifneihem, “before them” (Klal Yisrael) and not before those who worship the stars and constellations. When Moshe Rabbeinu descended from Har Sinai and saw the nation’s repulsive behavior, dancing around the Golden Calf that the people had created, he shattered the Luchos, Tablets, that he was carrying; thus, the Torah returned to its Heavenly sphere. It no longer had value in this world, because the Jewish People did not appreciate it. Horav Elchanan Wasserman, zl, distinguishes between secular knowledge/ disciplines – which one can study, and in which he can even achieve proficiency, without adhering to the lessons…

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ויקם משה ויהושע משרתו ויעל משה אל הר אלקים

Sruly Schnair In Mishpatim, 5781

Moshe stood up with Yehoshua, his student, and Moshe ascended to the Mountain of G-d. (24:13)

Yehoshua was neither commanded to accompany Moshe Rabbeinu, nor did he have any function at the mountain. Nonetheless, as the loyal student and servant, he accompanied his Rebbe and waited for him at the foot of the mountain for forty days until he returned. The question is obvious: What did Yehoshua achieve by waiting at the bottom of the mountain? If he thought he would miss something, he could have set his “alarm clock” for forty days later (in the morning) and run up to the mountain and wait for Moshe. Why did he camp out at the mountain for…

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וגר לא תונה ולא תלחצנו כי גרים הייתם בארץ מצרים

Sruly Schnair In Mishpatim, 5781

You shall not taunt or oppress a stranger, for you were strangers in the land of Egypt. (22:20)

The Torah shows its concern for the proper treatment of the weak, helpless, abandoned and the stranger/convert, who feel alone, estranged, although they should be welcomed and embraced. It is sad that there exist among us the few who lord over others due to their own insecurities. These people consider themselves better, privileged, powerful when, in fact, they are the ones who are weak and pathetic. The prohibition against any mistreatment of a ger, convert, is prefaced with a serious reminder to look back to our own history, when we were strangers in the land of Egypt. A newcomer to…

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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)

כי תקנה עבד עברי

When you acquire a Hebrew bondsman. (21:2)

ואלה המשפטים אשר תשים לפניהם

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

ויקם משה ויהושע משרתו ויעל משה אל הר אלקים

Moshe stood up with Yehoshua, his student, and Moshe ascended to the Mountain of G-d. (24:13)

וגר לא תונה ולא תלחצנו כי גרים הייתם בארץ מצרים

You shall not taunt or oppress a stranger, for you were strangers in the land of Egypt. (22:20)

YEARS

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