Mishpatim – Page 4 – Peninim on the Torah

ורצע אדניו את אזנו במרצע

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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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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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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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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ותחת רגליו כמעשה לבנת הספיר וכעצם השמים לטוהר

Rabbi L. Scheinbaum In Mishpatim, 5777

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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והגישו אדניו אל הדלת... ורצע אדניו את אזנו במרצע ועבדו לעולם

Rabbi L. Scheinbaum In Mishpatim, 5776

Then his master shall bring him to the door… and his master shall bore through his ear with an awl, and he shall serve him forever. (21:6)

The Talmud Kiddushin 22b explains why the ear, as opposed to the other organs of the body, is bored. Hashem said, “The ear that heard My voice at Har Sinai, at the moment that I said, ‘For Me will Bnei Yisrael be slaves – and not slaves to slaves; yet, this person went ahead and acquired a (another) master for himself.’” This thief — who either was sold by the rabbinical court to repay his debt or sold himself out of poverty– was originally forced into servitude as a result of his predicament. He now seeks to extend his “working…

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כי תראה חמור שונאך רובץ תחת משאו וחדלת מעזור לו

Rabbi L. Scheinbaum In Mishpatim, 5776

If you see the donkey of someone you hate crouching under its burden, would you refrain from helping him? (23:5)

Rashi places a question mark, bitmiya, after the word v’chadalta, “would you refrain” (from helping him)? Horav Yechiel Michel Feinstein, zl, was wont to say that this is the only instance in the Torah that the Torah turns to the person with a question. This means that the Torah is incredulous concerning a person that would ignore another Jew in his time of need – even if he is a person whom one is permitted to hate. Turning away from helping a fellow Jew is not in the Jewish DNA. How could a person act so callously? A person who…

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כי תראה חמור שנאך רבץ תחת משאו וחדלת מעזב לו עזב תעזב עמו

Rabbi L. Scheinbaum In Mishpatim, 5776

If you see the donkey of someone you hate crouching under its burden, would you refrain from helping him? – You shall help repeatedly with him. (23:5)

Azov taazov imo; “You shall help repeatedly with him.” The Talmud Bava Metzia 32 uses imo, “with him” to teach an important lesson concerning helping one’s fellowman. It must be imo, with him. If the intended beneficiary of one’s assistance decides to sit back while he is being helped by others, he is not obliged to help him. We should reach out to those in need, but only when they are willing to work alongside, when they have exhausted every other means of income-generating endeavor. The Kli Yakar adds that this Chazal serves as a response to those aniyim, poor…

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מדבר שקר תרחק

Rabbi L. Scheinbaum In Mishpatim, 5776

Distance yourself from a false word. (23:7)

The Talmud Sanhedrin 97a relates that there was a city called Kushta that was unique in the phenomenon that none of its residents ever lied. Prevarication was to them the ultimate anathema. As a result, they were blessed with extreme longevity. No one in their community died. One Erev Shabbos, a woman came to the door of her friend’s home and asked to see her. Her husband was aware that his wife was preparing herself for Shabbos (combing her hair), so he said that she was not home at the time. As a result of his untruth, his two sons…

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ושחד לא תקח כי השחד יעור פקחים ויסלף דברי צדיקים

Rabbi L. Scheinbaum In Mishpatim, 5776

You shall not take a bribe, for the bribe will blind those who can see and will make righteous words crooked. (23:8)

Rashi teaches that even a Torah scholar who takes a bribe will ultimately become confused, his learning forgotten, and his vision dimmed. This is a very frightening punishment. A person can spend his entire life developing his erudition to the point that he achieves the appellation of chacham, Torah scholar. Yet, if he takes a bribe, it will be the catalyst for his downfall. Veritably, we are all judges in one way or another. We judge people and situations. Imagine if we are bribed because someone comes across as the underdog; we perceive him to be the one who is…

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ורצע אדניו את אזנו במרצע

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

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)

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)

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)

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)

והגישו אדניו אל הדלת... ורצע אדניו את אזנו במרצע ועבדו לעולם

Then his master shall bring him to the door… and his master shall bore through his ear with an awl, and he shall serve him forever. (21:6)

כי תראה חמור שונאך רובץ תחת משאו וחדלת מעזור לו

If you see the donkey of someone you hate crouching under its burden, would you refrain from helping him? (23:5)

כי תראה חמור שנאך רבץ תחת משאו וחדלת מעזב לו עזב תעזב עמו

If you see the donkey of someone you hate crouching under its burden, would you refrain from helping him? – You shall help repeatedly with him. (23:5)

מדבר שקר תרחק

Distance yourself from a false word. (23:7)

ושחד לא תקח כי השחד יעור פקחים ויסלף דברי צדיקים

You shall not take a bribe, for the bribe will blind those who can see and will make righteous words crooked. (23:8)

YEARS

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