Mishpatim – Page 11 – Peninim on the Torah

“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, 5760

“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, 5760

“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, 5760

“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, 5759

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

The parsha dealing primarily with civil and tort law is juxtaposed on the end of the previous parsha, which details the laws of the Mizbayach, Altar. Chazal derive from here that the Sanhedrin, the court which is the supreme authority of Jewish law, should be located on Har Habayis, near the Bais Hamikdash. Horav Nissan Alpert,zl, explains the reason for this. Avodas Hashem, serving the Almighty in a Jewish way, is different from other religions, whose religious service revolves around prayer, ritual and sacrifice. Their theology consists of a code of beliefs geared towards inculcating the people to an acceptance…

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Rabbi L. Scheinbaum In Mishpatim, 5759

If you buy a Jewish bondsman…If a man will sell his daughter as a bondswoman…one who strikes a man who dies, shall surely be put to death. (21:2,7,12)

The sequence of laws that mark the beginning of Parashas Mishpatim begs elucidation. There must be a good reason that the Torah chose the laws of eved Ivri to open the parsha. Furthermore, what relationship exists between eved Ivri and murder? Horav Nissan Alpert, zl, notes that the underlying theme of this parsha is kavod ha’brios, the dignity of man. This theme is reinforced throughout the parsha. In fact, the punishments that are to be meted out are in accordance with the sin of degrading another human being’s rights. This is the best way to correct the damage, to repair…

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Rabbi L. Scheinbaum In Mishpatim, 5759

But for one who had not lain in ambush and G-d caused it to come to his hand, I shall provide you a place to which he shall flee. (21:13)

The Torah grants the unintentional murderer the dispensation of fleeing to one of the Arei Miklat, Cities of Refuge, where he is protected from the close relatives of the victim. In his Igeres Ha’Mechaber the Sefer Ha’Chinuch distinguishes between the various mitzvos that we are obliged to fulfill. We must perform some mitzvos only under certain conditions; all Jews are commanded to perform other mitzvos at all times. There are two hundred and seventy of the latter mitzvos, of which forty-eight are mitzvos asei, positive mitzvos. The remaining two hundred twenty-two are mitzvos lo sa’asei, negative commandments. Of these mitzvos,…

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Rabbi L. Scheinbaum In Mishpatim, 5759

A wound for a wound. (21:25)

The Torah teaches us the laws of bodily damage against another person. Chazal derive from this pasuk that “adam muad l’olam,” “a man is forever held responsible for his actions.” The concepts of “unintentional”, “unaware”, “did not mean to” – do not apply. Man is always held accountable for his actions. Furthermore, we are taught that if one lays down to sleep near vessels belonging to someone else and during the course of his sleep he breaks the vessels, he is liable for damages. Although the actual damage was performed while he was asleep, he caused the damage by laying…

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Rabbi L. Scheinbaum In Mishpatim, 5759

You shall not cause pain to any widow or orphan…for if he shall cry out to Me, I shall surely hear his outcry. (22:21,22)

Hashem promises to listen to cries of the widow and orphan. They have no one to whom to turn, other than their Father in Heaven, Who listens very closely to those that are vulnerable to abuse. A classic story occurred, involving the Bais HaLevi, that demonstrates how sensitive we must be to the plight of the unfortunate – especially those who have nowhere to turn. When the Bais HaLevi was a young boy studying in cheder, he witnessed the rebbe striking a young orphan boy who had fought with another boy, who just happened to be wealthy. The Bais…

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Rabbi L. Scheinbaum In Mishpatim, 5759

Do not accept a bribe, for the bribe will blind those who see and corrupt words that are just. (23:8)

Some situations during the course of one’s life are so compelling that they determine one’s course of action. Indeed, one can reach the point of error even in areas which are usually very clear. Man must elevate himself to the point that he transcends his own vested interests, so that he sees the truth in its reality. We find a number of instances in which people — who under normal circumstances had been clear-thinking individuals — suddenly present themselves in a totally diffferent light. We find that in his dispute with Shmuel HaNavi, regarding carrying out his mission of destroying…

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“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)

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

If you buy a Jewish bondsman…If a man will sell his daughter as a bondswoman…one who strikes a man who dies, shall surely be put to death. (21:2,7,12)

But for one who had not lain in ambush and G-d caused it to come to his hand, I shall provide you a place to which he shall flee. (21:13)

A wound for a wound. (21:25)

You shall not cause pain to any widow or orphan…for if he shall cry out to Me, I shall surely hear his outcry. (22:21,22)

Do not accept a bribe, for the bribe will blind those who see and corrupt words that are just. (23:8)

YEARS

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