Mishpatim – Peninim on the Torah

ותחת רגליו כמעשה לבנת הספיר וכעצם השמים לטוהר

And under His feet was like a brick work of sapphire, and an appearance of the Heavens in their brilliance. (24:10)

The Torah relates that Klal Yisrael accepted the Torah amid a resounding declaration of Naaseh v’Nishma, “We will do and we will listen.” Following this, Moshe Rabbeinu, Aharon HaKohen, his sons and the seventy Elders were privy to an unparalleled revelation of Hashem. This was a prophetic vision in which they visualized Hashem sitting on His Holy Throne (Ibn Ezra explains that they saw Hashem’s “back”). Under His feet was like a brick work of sapphire and an appearance of the Heavens in their brilliance. Rashi says that the brick work was in Hashem’s Presence during the Jews’ enslavement, so…

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כל אלמנה ויתום לא תענון. אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו.

Rabbi L. Scheinbaum In Mishpatim, 5777

You shall not persecute any widow or orphan. If you will persecute him…for if he will cry out to Me, I shall surely hear his cry. (22:21,22)

Hashem issues a guarantee: If the widow or orphan cry out to Him, He will listen to their cries. Understandably, the widow and orphan are among the loneliest people in our society. Does this mean that they should be guaranteed access to Hashem over everyone else? Horav Tzvi Partzovitz, Shlita, quotes Chazal (Rosh Hashanah 18a) who say the following: Two men went up to the scaffold, each about to be executed; or two men went to the executioner to have his head severed from the rest of his body. One succeeds in leaving, while the other falls victim to the…

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אם במחתרת ימצא הגנב והכה ומת אין לו דמים. אם זרחה השמש עליו דמים לו שלם ישלם. אם אין לו ונמכר בגניבתו

Rabbi L. Scheinbaum In Mishpatim, 5777

If the thief will be found in an underground passage, and he is struck and dies, there is no blood for him. If the sun shone upon him, he has blood, he shall pay; if he has nothing, he shall be sold for his theft. (22:1,2)

It seems quite simple. A person breaks into a house at night, indicating by his covert approach that he does not want to be discovered. Thus, his life has no value, because he would murder in order to protect his identity. On the other hand, the thief that steals by light of day presents less of a danger to the owner of the house. Therefore, when he is caught, he pays. If he is unable to pay, he is sold into slavery. The halachah that an indigent thief is sold into slavery is not exclusive to ba b’machteres, one who…

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וגנב איש ומכרו ונמצא בידו...מות יומת

Rabbi L. Scheinbaum In Mishpatim, 5777

One who kidnaps a man and sells him, and he was found to have been in his power, shall surely be put to death. (21:16)

Who would kidnap a fellow Jew? It would have to be someone who is depraved, an individual to whom human life has no meaning, certainly not someone who would refer to himself as an observant Jew. So we think. We must take into account that when one’s life is threatened, especially when it means the possibility of losing one’s own child, when the stakes reach such epic proportion – a person’s mind becomes clouded and the rationality of his decisions become suspect. In other words, when it is “me” or “you” – it is not going to be “me.” The…

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ורצע אדניו את אזנו במרצע

Rabbi L. Scheinbaum In Mishpatim, 5777

And his master shall bore through his ear with the awl. (21:6)

Rashi quotes the well-known statement of Chazal, “The ear that heard at Har Sinai Lo signov, you shall not steal, and this one went and stole – it should be pierced with an awl.” The question is obvious: Is it not late for the reminder concerning Lo signov? The man stole six years ago. He did not have the money to pay his debt. As a result, he was sold into slavery for six years. Now, he seeks to extend his servitude. After all, he is happy here – nice boss, nice wife, nice children. Why ruin it all and…

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ורצע אדניו את אזנו במרצע ועבדו לעלם

Rabbi L. Scheinbaum In Mishpatim, 5777

And his master shall bore through his ear with the awl; He then serves his master forever. (21:6)

Why was the ear selected over any other limb of the body? Rabbi Yochanan ben Zakai explains that, if the ear heard at Har Sinai, “You shall not steal!” and the owner of that ear none- the-less went ahead and stole, his ear should be pierced. Why should the ear be singled out, given that the hands and feet were involved in an act of theft? They should be pierced! It is almost as if the ear was held responsible for the theft. Horav Tzvi Pesach Frank, zl, explains that the Giving of the Torah was not a one-time, isolated…

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ותחת רגליו כמעשה לבנת הספיר וכעצם השמים לטוהר

And under His feet was like a brick work of sapphire, and an appearance of the Heavens in their brilliance. (24:10)

כל אלמנה ויתום לא תענון. אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו.

You shall not persecute any widow or orphan. If you will persecute him…for if he will cry out to Me, I shall surely hear his cry. (22:21,22)

אם במחתרת ימצא הגנב והכה ומת אין לו דמים. אם זרחה השמש עליו דמים לו שלם ישלם. אם אין לו ונמכר בגניבתו

If the thief will be found in an underground passage, and he is struck and dies, there is no blood for him. If the sun shone upon him, he has blood, he shall pay; if he has nothing, he shall be sold for his theft. (22:1,2)

וגנב איש ומכרו ונמצא בידו...מות יומת

One who kidnaps a man and sells him, and he was found to have been in his power, shall surely be put to death. (21:16)

ורצע אדניו את אזנו במרצע

And his master shall bore through his ear with the awl. (21:6)

ורצע אדניו את אזנו במרצע ועבדו לעלם

And his master shall bore through his ear with the awl; He then serves his master forever. (21:6)

YEARS

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