Mishpatim – Page 6 – Peninim on the Torah

כי תקנה עבד עברי שש שנים יעבד ובשבעת יצא לחפשי

If you purchase a Jewish bondsman, he shall work for six years; and in the seventh he shall go free. (21:2)

The term mishpatim, ordinances, aptly describes the core of the parsha: to list many of the social ordinances found in the Torah. It is, therefore, interesting to note that the first law detailed in the parsha is that of the eved Ivri, Hebrew slave. The terminology the Torah uses to describe the slave’s nationality and religious affiliation is inconsistent with the manner it uses throughout the rest of the Torah, in which Jews are referred to as Yisrael – not Ivri. The Shem MiShmuel quotes his father, the Avnei Nezer, who is bothered by this question. In order to answer…

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אם חבל תחבל שמלת רעך עד בא השמש תשיבנו לו. כי היא כסותה לבדה הוא שמלותו לערו במה ישכב והיה כי יצעק אלי ושמעתי כי חנון אני

Rabbi L. Scheinbaum In Mishpatim, 5774

If you take your fellow’s garment as security, until sunset shall you return it to him. For it alone is his clothing, it is his garment for his skin – in what should he lie down? So it will be that if he cries out to Me, I shall listen, for I am compassionate. (22:25,26)

Rarely do we find the Torah explaining the reason behind a mitzvah so thoroughly as it does in this case. Theoretically, the Torah is presenting an argument for returning the borrower’s garment before nightfall. Indeed, the Torah goes so far as to give three reasons for returning the garment: it is his only garment; “it covers his skin”; “in what shall he lie down?” One would expect the rav who was making an appeal on behalf of the less fortunate members of his community to emphasize these points. This, however, is not the Torah’s way. It presents the law without…

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ויבא משה ויספר לעם את כל דברי ד' ואת כל המשפטים. ויען כל העם קול אחד ויאמרו כל הדברים אשר דבר ד' נעשה

Rabbi L. Scheinbaum In Mishpatim, 5774

Moshe came and told the people all the words of Hashem and all the ordinances, and the entire people responded with one voice and they said, “All the words that Hashem has spoken, we will do.” (24:3)

Accepting the Torah was not a simple undertaking for the Jewish People. Here was a people that had previously been living in a country whose citizens were infamous for their profligate decadence; they had been slaves to masters who had redefined the meaning of cruelty; these were a people who were quite distant from religion of any kind, let alone ready to accept a Torah which would totally transform their lives. Yet, when the Torah was offered to them, they accepted it with a resounding declaration of Naase v’nishma, “We will do and we will listen.” What motivated their acceptance?…

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ויאמר ד' אל משה עלה אלי ההרה... ואתנה לך את לחת האבן והתורה והמצוה. ויקם משה ויהושע משרתו

Rabbi L. Scheinbaum In Mishpatim, 5774

Hashem said to Moshe, “Ascend to Me to the mountain… and I shall give you the stone Tablets and the teaching and the commandment… Moshe stood up with Yehoshua, his servant. (24:12,13)

Hashem instructed Moshe Rabbeinu to ascend the mountain, so that He could teach him the Torah and give him the Luchos. Moshe left together with Yehoshua, his trusted servant. What was Yehoshua doing there? He was not asked to attend – nor did he have any function at the mountain. This “party” was for Moshe alone. Rashi explains that Yehoshua accompanied Moshe out of a sense of loyalty. He waited for forty days at the foot of the mountain for his revered Rebbe to return. Chazal teach us that it was this fidelity to his Rebbe that earned Yehoshua the…

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ואלה המשפטים אשר תשים לפניהם

Rabbi L. Scheinbaum In Mishpatim, 5773

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

Rashi teaches that Hashem told Moshe Rabbeinu, “It should not occur to you to say, ‘I shall teach them the chapter and the law two or three times, until it is set in order in their mouths according to its format (i.e. until they memorize it), but I shall not trouble myself to make them understand the reasons of the matter and its explanation.’ Therefore it says, ‘that you shall place it before them – like a table that is set and prepared to be eaten from, placed before a person.’ In other words, there is no room for error…

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ואם אמור יאמר העבד אהבתי את אדני...לא אצא חפשי והגישו אדניו אל האלקים והגישו אל הדלת או אל המזוזה ורצע אדניו את אזנו במרצע ועבדו לעולם

Rabbi L. Scheinbaum In Mishpatim, 5773

But if the bondsman shall say, “I love my master… I shall not go free… then his master shall bring him to the court and shall bring him to the door or to the door post, and his master shall bore through his ear with the awl, and he shall serve him forever. (21:5,6)

The Torah takes a dim view of an eved Ivri, Hebrew bondsman’s, desire to continue his servitude. His ear is bored with an awl as he stands near the doorpost. Why the ear? The ear (together with the rest of the body) stood at Har Sinai and heard Hashem declare, “Lo signov, Do not steal.” Yet, the man went ahead and stole. He had a list of excuses to justify his behavior. But, at the end of the day, he was a ganov, thief, and must pay for his actions. He had no money – otherwise, why would he steal?…

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והגישו אדניו אל האלקים...ורצע אדניו את אזנו במרצע ועבדו לעלם

Rabbi L. Scheinbaum In Mishpatim, 5773

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

Rashi interprets Elokim as bais din, the Jewish court of law. Why would the court be compared to the Almighty to the point that they carry his Name? While there is no doubt that the members of the court are distinguished scholars, men of repute and distinction, but referring to them with G-d’s Name seems to be carrying their distinction a bit too far. Horav Gamliel Rabinowitz, Shlita, views this from a practical standpoint. An individual stands before the Bais Din and presents his claim in a clear manner. He lays out the proof, clears up any ambiguity that might…

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מדבר שקר תרחק

Rabbi L. Scheinbaum In Mishpatim, 5773

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

Sforno writes that one must distance himself from anything that might lead to falsehood. Sometimes we do something innocuous, but it creates a situation in which someone else is compelled to lie – albeit inadvertently. Sefer Chassidim mentions an all-too common situation, whereby one notices a group of friends speaking furtively among themselves. Of course, he wants to know what it is they are shrouding in so much secrecy. If he approaches them and asks, “What are you talking about?” he knows that he might cause them to lie. Let’s face it, if they wanted him to know the topic…

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Rabbi L. Scheinbaum In Mishpatim, 5772

“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, 5772

“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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כי תקנה עבד עברי שש שנים יעבד ובשבעת יצא לחפשי

If you purchase a Jewish bondsman, he shall work for six years; and in the seventh he shall go free. (21:2)

אם חבל תחבל שמלת רעך עד בא השמש תשיבנו לו. כי היא כסותה לבדה הוא שמלותו לערו במה ישכב והיה כי יצעק אלי ושמעתי כי חנון אני

If you take your fellow’s garment as security, until sunset shall you return it to him. For it alone is his clothing, it is his garment for his skin – in what should he lie down? So it will be that if he cries out to Me, I shall listen, for I am compassionate. (22:25,26)

ויבא משה ויספר לעם את כל דברי ד' ואת כל המשפטים. ויען כל העם קול אחד ויאמרו כל הדברים אשר דבר ד' נעשה

Moshe came and told the people all the words of Hashem and all the ordinances, and the entire people responded with one voice and they said, “All the words that Hashem has spoken, we will do.” (24:3)

ויאמר ד' אל משה עלה אלי ההרה... ואתנה לך את לחת האבן והתורה והמצוה. ויקם משה ויהושע משרתו

Hashem said to Moshe, “Ascend to Me to the mountain… and I shall give you the stone Tablets and the teaching and the commandment… Moshe stood up with Yehoshua, his servant. (24:12,13)

ואלה המשפטים אשר תשים לפניהם

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

ואם אמור יאמר העבד אהבתי את אדני...לא אצא חפשי והגישו אדניו אל האלקים והגישו אל הדלת או אל המזוזה ורצע אדניו את אזנו במרצע ועבדו לעולם

But if the bondsman shall say, “I love my master… I shall not go free… then his master shall bring him to the court and shall bring him to the door or to the door post, and his master shall bore through his ear with the awl, and he shall serve him forever. (21:5,6)

והגישו אדניו אל האלקים...ורצע אדניו את אזנו במרצע ועבדו לעלם

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

מדבר שקר תרחק

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

“When you will buy a Hebrew servant.” (21:2)

“You shall not persecute any widow or orphan.” (22:21)

YEARS

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