5785 – Page 3 – Peninim on the Torah

וכי יכה איש את עבדו או את אמתו בשבט ומת תחת ידו נקם ינקם

If a man shall strike his slave or his maidservant with the rod, and he shall die under his hand, He shall surely be avenged. (21:20)

The Torah addresses a very sad situation in which a Jewish master strikes his non-Jewish slave with such force that he kills him. The master is liable for the death penalty; Nakeim yinakeim, “He shall surely be avenged.” It is sad for a number of reasons. First, a Jew is to be executed for a violent act of murder. Second, is the fact that we can have among us a person of such low character that he can kill another human being – for whatever reason. This pasuk obviously does not apply to the normal ben Torah, observant Jew, whose…

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חמשה בקר ישלם תחת השור וארבע צאן תחת השה

Sruly Schnair In Mishpatim, 5785

He shall pay five cattle in place of the ox, and four sheep in place of the sheep. (21:37)

If one steals cattle or sheep and either sells or slaughters it, he pays not only the principle, but an added fine. If he steals, but neither sells nor slaughters the animal, he is fined keifel, double-principle plus one. The fines apply only to one who is a thief (an individual who conceals his act of theft). A gazlan, robber (an individual who steals brazenly without fear of people), pays no fine. Chazal (Bava Kamma 79B) record a dialogue that ensued between Rabbi Yochanan ben Zakai and his students. They asked why such a variance exists in the reimbursement of…

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וגר לא תונה ולא תלחצנו כי גרים הייתם בארץ מצרים

Sruly Schnair In Mishpatim, 5785

You shall not taunt or oppress a stranger, for a you were strangers in the land of Egypt. (22:20)

Sensitivity to the helpless and abandoned is a given, a concept that we should all understand. Unfortunately, a tendency exists among insecure people, who contend with a negative image of themselves, to take advantage of those who are weak. Nonetheless, for the most part, the average person does not walk around with poor self-esteem. Why does the Torah underscore that we should not take advantage of the stranger, because we, too, were once strangers? The simple understanding is that we should know how it feels to be excluded, to be different. When we have personally experienced behavior which is uncomfortable…

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לא תהיה אחרי רבים לרעת ולא תענה על רב לנטת אחרי רבים להטת

Sruly Schnair In Mishpatim, 5785

Do not be a follower of the majority for evil; and do not respond to a grievance by yielding to the majority to pervert the law. (23:2)

Rashi explains that, when one sees wicked people perverting justice, he should not say to himself, “They are the majority. What will I gain by disagreeing with them?” On the contrary, one must do what is right – regardless of how many people do what is wrong – and regardless of the eventual repercussions. The question is obvious: What would possess a person to do something wrong, just because everybody else is doing it? We do not follow reshaim, wicked people. The fact that everybody is acting inappropriately does not make it right. Horav Meir Soloveitchik, zl, explains that a…

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וישמע יתרו... את כל אשר עשה אלקים למשה ולישראל עמו... ויבוא יתרו... אל משה אל המדבר... ויספר משה לחותנו את כל אשר עשה ד' לפרעה ולמצרים

Sruly Schnair In Yisro, 5785

Yisro… heard everything that G-d did to Moshe and to Yisrael… Yisro…came to Moshe… Moshe told his father-in-law everything that Hashem had done to Pharaoh and Egypt. (Exodus 18:1,5,8)

The Torah relates that Yisro was so impressed by what he heard had happened to Pharaoh and the Egyptians that he packed up and left Midyan to join Klal Yisrael. The Torah continues telling us that Moshe Rabbeinu told Yisro everything that Hashem had done for His people-the many miracles and wonders that He wrought. Is this not somewhat redundant? Obviously, Yisro was impressed enough by what he heard that he left Midyan, where he held a leadership position, to join Klal Yisrael., Not one to waste words, Moshe was clearly rehashing the Exodus experience to impart an important lesson….

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ומשה עלה אל האלקים...

Sruly Schnair In Yisro, 5785

Moshe ascended to G-d… (19:3)

When Moshe Rabbeinu ascended Har Sinai to receive the Torah on behalf of Klal Yisrael, it was not a quick and easy reception. The angels felt that the Torah belonged in Heaven and that Moshe should turn back and report to his nation that it was not going to happen. Hashem listened to what the angels had to say and turned to Moshe for rebuttal. If he could not convince the angels that Torah belonged on earth and was the directive for humans and not for angels, then perhaps he and the people were not ready or worthy to receive…

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ויענו כל העם יחדו ויאמרו כל אשר דבר ד' נעשה

Sruly Schnair In Yisro, 5785

The entire people responded together and said, “Everything that Hashem has spoken we will do.” (19:8)

Chazal (Midrash Shir Hashirim 1:24) teach that giving the Torah to Klal Yisrael was not as simple as it seems. The Torah was Hashem’s gift to us, yet, it is the raison d’être of Creation. If we do not observe the Torah, there is no ultimate purpose for our existence. Thus, when Hashem was about to give the Torah, He asked for guarantors who would ensure that Klal Yisrael would abide by the Torah. The nation replied: “Let our ancestors, the three Patriarchs, be our guarantors.” Hashem replied: “Your forefathers themselves need guarantors.” Apparently, as perfect as the Patriarchs were,…

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לא תשא את שם ד' אלוקך לשוא

Sruly Schnair In Yisro, 5785

You shall not take the Name of Hashem, your G-d, in vain. (20:7)

Simply put, the Torah is teaching us that to utter Hashem’s Name in vain shows contempt for Hashem’s Name and disgraces It. In HaEmunah u’HaBitachon, the Ramban writes that one who has a spiritual awakening, a profound appreciation of the greatness and wonders of Hashem, must immediately concretize this inspiration and make it a part of his life. Otherwise, if he does not make use of this inspiration, he will continue on the same trajectory as before. With no upward swing, he transgresses the prohibitive commandment: lo tisa es Shem Hashem lashav. Hashem says, B’chol makom asher azkir es Shemi,…

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וישאו בני ישראל את עיניהם והנה מצרים נסע אחריהם

Sruly Schnair In Beshalach, 5785

Bnei Yisrael raised their eyes and behold! Egypt was journeying after them. (14:10)

Two nations reared their ugly heads against us. Two nations demonstrated their unmitigated, venomous hatred against our ancestors: Egypt and Amalek. Yet, a great difference exists between the hatred manifest by Egypt and the animus that has characterized Amalek throughout the millennia. Horav Yaakov Shteinhouse, Shlita (Ram, Kol Torah), observes that, concerning Egypt’s incursion against us, the Torah writes, Hashem yilachem lachem v’atem tacharishun, “Hashem shall make war for you, and you shall remain silent” (Shemos 14:14). On the other hand, concerning the battle with Amalek, Hashem instructed Moshe Rabbeinu to lead the men in battle against Amalek. Wherein lies…

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ד' ימלך לעולם ועד

Sruly Schnair In Beshalach, 5785

Hashem shall reign for all eternity. (15:18)

Horav Aryeh Leib Heyman, zl, cites a debate in Chazal (Berachos 40B) concerning the necessity to proclaim Malchus Hashem, as Monarch, when reciting a b’rachah. Rav posits that it is sufficient to vocalize the word Hashem as Adon, Master, G-d; it is not necessary to include the words, Melech Olam. Rabbi Yochanan contends that any b’rachah that does not include Melech Olam in its text is not a blessing. The halachah follows Rabbi Yochanan (Orach Chaim 214). In Meseches B’rachos (7B), Chazal teach that Avraham Avinu was the first person to refer to Hashem as Adon; Leah Imeinu was the…

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וכי יכה איש את עבדו או את אמתו בשבט ומת תחת ידו נקם ינקם

If a man shall strike his slave or his maidservant with the rod, and he shall die under his hand, He shall surely be avenged. (21:20)

חמשה בקר ישלם תחת השור וארבע צאן תחת השה

He shall pay five cattle in place of the ox, and four sheep in place of the sheep. (21:37)

וגר לא תונה ולא תלחצנו כי גרים הייתם בארץ מצרים

You shall not taunt or oppress a stranger, for a you were strangers in the land of Egypt. (22:20)

לא תהיה אחרי רבים לרעת ולא תענה על רב לנטת אחרי רבים להטת

Do not be a follower of the majority for evil; and do not respond to a grievance by yielding to the majority to pervert the law. (23:2)

וישמע יתרו... את כל אשר עשה אלקים למשה ולישראל עמו... ויבוא יתרו... אל משה אל המדבר... ויספר משה לחותנו את כל אשר עשה ד' לפרעה ולמצרים

Yisro… heard everything that G-d did to Moshe and to Yisrael… Yisro…came to Moshe… Moshe told his father-in-law everything that Hashem had done to Pharaoh and Egypt. (Exodus 18:1,5,8)

ומשה עלה אל האלקים...

Moshe ascended to G-d… (19:3)

ויענו כל העם יחדו ויאמרו כל אשר דבר ד' נעשה

The entire people responded together and said, “Everything that Hashem has spoken we will do.” (19:8)

לא תשא את שם ד' אלוקך לשוא

You shall not take the Name of Hashem, your G-d, in vain. (20:7)

וישאו בני ישראל את עיניהם והנה מצרים נסע אחריהם

Bnei Yisrael raised their eyes and behold! Egypt was journeying after them. (14:10)

ד' ימלך לעולם ועד

Hashem shall reign for all eternity. (15:18)

YEARS

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