Mishpatim – Page 12 – Peninim on the Torah

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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Moshe Marcovich In Mishpatim, 5758

And his master shall bore through his ear with the awl, and he shall serve him forever. (21:6)

The Torah does express respect for the Jew who spurns his freedom and chooses to remain an eved. His conscription to another Jew is an act of self-degradation. His decision to continue in servitude involves a ceremony in which his ear is bored with an awl. The Torah says he is to remain a servant “forever.” In this context, the word “forever” means until Yovel, the jubilee/fiftieth year. This is the end of a cycle, a time at which properties that changed hands during this cycle revert back to their original owners. At this time, all Jewish servants are freed….

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Moshe Marcovich In Mishpatim, 5758

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

One who steals an ox or sheep and sells or slaughters it must pay five times the value of the ox and four times the value of the sheep. Rabbi Yochanan ben Zakkai states one reason for setting the fine for a sheep to be less than that of an ox. He attributes the reduction to the thief’s humiliation when he carries the sheep on his shoulders as he escaped. The embarrassment incurred by a thief evokes Hashem’s compassion, thereby reducing his fine. This is a remarkable lesson demonstrating the Torah’s concern for the feelings of all people–even a common…

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Rabbi L. Scheinbaum In Mishpatim, 5757

“And his master shall bore through his ear with an awl.” (21:6)

The Torah is critical of the eved Ivri, Jewish slave, who chooses to stay on after the usual six years of servitude. When one is granted freedom he should take advantage of the opportunity. A Jew submits to only one master – Hashem. According to the Torah, when an eved Ivri chooses to extend his period of slavery, his master bores his ear with an awl – near a doorpost. In the Talmud Kiddushin 22b, Chazal explain why a doorpost and an ear symbolize the servant’s disdain for freedom. The doorway represents freedom, since it was the doorposts upon which…

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Rabbi L. Scheinbaum In Mishpatim, 5757

“You shall not persecute any widow or orphan. If indeed you do persecute him and if indeed he cries out to Me, I will verily hear his cry.” (22:21)

The Torah presents to us a sin and its punishment. The sin is apparent: Persecuting the downtrodden, those who have no one else to care for them. The punishment, however, is a bit ambiguous. What really is the punishment for persecuting a widow, orphan or anyone who cannot take care of themselves? The underlying message of this pasuk seems to be that – regardless of the amount of time that elapses — the individual is guaranteed punishment. Hashem clearly states that He will listen and He will repay. That warning should serve as more than a sufficient deterrent for most…

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Rabbi L. Scheinbaum In Mishpatim, 5757

“Everything that Hashem has said, we will do and we will listen.” (24:7)

Klal Yisrael responded to Hashem with a remarkable display of faith. They were prepared to “do,” to act in accordance with Hashem’s command, without seeking to understand the reason for the command. They trusted in the Almighty with total surrender. There is one simple question, however, that we should address. Why did they respond with the plural, “We will do, and we will listen.” Should not each one of them have said, “I will do and I will listen?” Why did Klal Yisrael use the plural form? The Chidushei Ha’Rim responds to this question with an analogy. Let us picture…

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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)

And his master shall bore through his ear with the awl, and he shall serve him forever. (21:6)

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

“And his master shall bore through his ear with an awl.” (21:6)

“You shall not persecute any widow or orphan. If indeed you do persecute him and if indeed he cries out to Me, I will verily hear his cry.” (22:21)

“Everything that Hashem has said, we will do and we will listen.” (24:7)

YEARS

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