Mishpatim – Page 14 – Peninim on the Torah

“And these are the laws which you shall place before them.” (21:1)

Rashi explains the idea of “placing the laws before them” as referring to Moshe’s and every teacher’s obligation to teach the laws over and over until the student is proficient in them. The material must be placed before the student like a table which is set and prepared for eating. The Talmud in Eruvin 54b relates the story of Rav Pr’eida who had a student whose weakness demanded that he be taught each law four hundred times! Only after this persistent review, would he comprehend the material. One day, after the “usual” review of four hundred times, Rav Pr’eida was…

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“And these are the laws which you shall place before them.” (21:1)

Rashi notes the juxtaposition of the beginning of this parsha, dealing with the laws of judges and civil law, with the end of the previous parsha, which is devoted to the laws regarding the mizbei’ach, altar. He explains that the Torah teaches us that the Sanhedrin should be located adjacent to the Bais Ha’Mikdash. What is the spirit behind this law and what message does it communicate? Horav Mordechai Rogov z.l., suggests the following insight. The Sanhedrin, or the judges and Torah leaders of Am Yisrael, must be dedicated to uphold Torah law to the point of self-sacrifice. This concept…

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Rabbi L. Scheinbaum In Mishpatim, 5755

“If he comes in by himself, he shall go out by himself.” (21:3)

Rashi derives from this pasuk that the dispensation which permits a master to give a shifcha Canaanis, non-Jewish maidservant, to the eved Ivri, Hebrew slave, does not apply if the eved had not been married prior to his servitude. What difference should it make if he had been married once before? Horav Moshe Shternbuch, Shlita, suggests that an eved who had been married to a Jewish woman is able to differentiate between married life with a Jewess and life with a non-Jewish maidservant. The warmth, discipline, and lasting happiness, the true love, respect and dignity which are manifest in a…

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Rabbi L. Scheinbaum In Mishpatim, 5755

“Any widow or orphan you shall not afflict. If you afflict them in any way, for if they cry out to Me I will surely hear their cry.” (22:21,22)

We may note the double usage of the verbs in this pasuk, a highly irregular style in Tanach. The Kotzker Rebbe z.l., notes that the affliction one causes a widow or an orphan is different from the affliction of other individuals. If one inflicts physical or emotional discomfort upon another person, in as much as the distress may even be severe, it is only a single incident with which the individual must deal. When one harms a widow or an orphan, however, the pain is complicated by the stirring of old memories of the pain of widowhood or the loss…

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“For if they cry out to Me I will surely hear their cry.” (22:22)

The pasuk implies that Hashem responds to the cries of the oppressed. This statement is enigmatic. If the injustice suffered by the widow or orphan warrants Hashem’s intervention, why is Hashem’s response contingent upon the sufferer’s outcry? If punishment is deserved, then it should be dispensed without the outcry of the oppressed one. Horav Avigdor Miller, Shlita, suggests that this is a manifestation of Hashem’s benignity. The cry for help raises the oppressed one’s awareness of Hashem. The pain and anguish reflected by the outcry supplements the guilt of the oppressor and will increase the weight of his punishment. Indeed,…

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“And if men quarrel… if he rise again and walk outside… only he must pay the loss incurred by absence from work and cause him to be throughly healed.’ (21:18,19)

The Talmud Brachos 60a interprets the repetition of the word healing tprh tpru as granting permission to the physician to heal. Rashi extends the words of the Talmud by asserting that Hashem smites and man heals. Thus, he implies that a special biblical dispensation sanctioning human healing is necessary. (We are not focusing here upon the issues of trust in Hashem — or lack thereof — which relate to human healing.) The Chofetz Chaim, z.l., however, presents an interesting insight into the problem of human healing and the role of doctors in the healing process. He questions the Talmud’s “searching”…

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Rabbi L. Scheinbaum In Mishpatim, 5753

“And he built an altar at the foot of the mountain, and twelve monuments for the twelve tribes of Yisrael.” (24:4)

Even though this altar was dedicated in the name of the entire nation, each of the twelve tribes was individually represented by a separate monument. Thus, each tribe became obligated to accept total responsibility for the fulfillment of the entire Torah, rather than sharing that responsibility with the other tribes. Hashem has chosen to maintain the individuality of each tribe, so that each one continues to view itself as sustainers of the Covenant with Hashem. Horav Avigdor Miller, Shlita, suggests two additional reasons for maintaining the distinct status of each tribe. First, Hashem imbued each tribe with unique characteristics, which…

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Rabbi L. Scheinbaum In Mishpatim, 5753

“And they saw the G-d of Yisrael; and under His feet there was a form of a sapphire brick, like the very Heaven for clearness.” (24:10)

The above sentence is complex. Undoubtedly, the unimaginable notion of “seeing” Hashem refers to some aspect of Divine Glory, as the commentaries have already expressed. The allusion to the “brick of sapphire” begs for explanation. Why does the Torah mention this? The Targum Yonason cites a Midrash which sheds light on this enigma. This brick is a reminder of the wretched slavery to which Bnei Yisrael were subjected. The Jewish men and women worked side by side, trampling and treading the mortar. One delicate young woman in the advanced stage of pregnancy miscarried as she was treading upon the mortar….

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Rabbi L. Scheinbaum In Mishpatim, 5752

“If you shall acquire a Hebrew servant, six years shall he serve.” (21:2)

The servant described here is actually a thief who was sold by the Bais Din into servitude because of his inability to make restitution. The Torah’s manner of punishment seems peculiar. The community takes a common thief who has exhibited complete disregard for another person’s possessions and feelings and gives him a new home, job, and lifestyle. We are giving self-respect to one who has shown so little esteem to others. This question becomes stronger when one takes into account the statement of the Talmud (Kiddushin 22b) that “one who acquires a Jewish servant is really purchasing a master for…

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Rabbi L. Scheinbaum In Mishpatim, 5752

“And if a man will come presumptuously upon his fellow to slay him with guile, from My altar, take him for execution.” (21:14)

Rashi explains that if this murderer were a Kohen who had intended to perform the service in the Bais Hamikdash, he may be taken away to his execution. The altar does not serve as a place of refuge for those who deserve punishment. Horav Moshe Shternbuch Shlita offers a unique homiletic approach to understanding this pasuk. One should not think that by performing mitzvos he can commute the punishment he merits for the various sins he has committed. Just as a sin does not have the power to extinguish a mitzvah, likewise, a mitzvah cannot erase a sin. The only…

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“And these are the laws which you shall place before them.” (21:1)

“And these are the laws which you shall place before them.” (21:1)

“If he comes in by himself, he shall go out by himself.” (21:3)

“Any widow or orphan you shall not afflict. If you afflict them in any way, for if they cry out to Me I will surely hear their cry.” (22:21,22)

“For if they cry out to Me I will surely hear their cry.” (22:22)

“And if men quarrel… if he rise again and walk outside… only he must pay the loss incurred by absence from work and cause him to be throughly healed.’ (21:18,19)

“And he built an altar at the foot of the mountain, and twelve monuments for the twelve tribes of Yisrael.” (24:4)

“And they saw the G-d of Yisrael; and under His feet there was a form of a sapphire brick, like the very Heaven for clearness.” (24:10)

“If you shall acquire a Hebrew servant, six years shall he serve.” (21:2)

“And if a man will come presumptuously upon his fellow to slay him with guile, from My altar, take him for execution.” (21:14)

YEARS

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