Mishpatim – Page 14 – Peninim on the Torah

“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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“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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Rabbi L. Scheinbaum In Mishpatim, 5752

“And Hashem said to Moshe , Come up to Me onto the mountain and be there, and I will give you the tablets of stone and the commandments which I have written that you shall teach them.” (21:12)

The “call” that came to Moshe to ascend the heights of Har Sinai conveys the potential power inherent in man. It represents the supremacy of spirit over flesh, of the eternal over the ephemeral, of vision over reason. The event that transpired during that ascendancy cannot be explained logically. Only the arrogance of a shallow man would cause him to dismiss this revelation. Only one who has never been there, who lacks even a concept of how to approach the level of inspiration which Moshe reached, would endeavor to detract from this awesome experience. It is only Moshe who was…

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Rabbi L. Scheinbaum In Mishpatim, 5752

“And Moshe was on the mountain forty days and forty nights.” (21:18)

It is obviously beyond the ability of even the greatest contemporary man to memorize all of the details of the Torah in forty days, simultaneously comprehending all of its profundities. Moshe did all of this while he also learned how to observe the mitzvos, including the specifics of the construction of the Mishkan and its appurtenances, which are not written in the Torah. Consequently, we may deduce that the process of study which transpired on the mountain was nothing less than a miraculous feat. Hashem bestowed this wisdom upon Moshe as one would pour wine into a vessel. The…

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Rabbi L. Scheinbaum In Mishpatim, 5751

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

Rashi explains that whenever the term “vkt” (these) is stated, it excludes the preceding sections, but when the term “vktu” (and these) is stated, it adds to the preceding. Just as the preceding laws were given at Mount Sinai, so too, were these given at Mount Sinai. Rashi reveals here the essential difference between Torah laws and the laws of the nations. The laws of the nations are founded upon the decision and approval of individuals who are readily influenced by the environment and age in which they live. Their various lifestyles and value systems will play a great role…

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“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)

“And Hashem said to Moshe , Come up to Me onto the mountain and be there, and I will give you the tablets of stone and the commandments which I have written that you shall teach them.” (21:12)

“And Moshe was on the mountain forty days and forty nights.” (21:18)

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

YEARS

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