Ten Points on the Parasha: Parashat Mishpatim

Remember who you’re working for - In this Parasha we start by saying, “These are the laws that should be placed before them,” and we go into details about these laws. The last Mitzvah from last week's Parasha was not to build stairs leading up to the Mizbeach, but rather to build a ramp. There are many explanations of what we can learn from this juxtaposition of these two laws. This question is asked by the Gemara. One of the reasons for this is that we don’t want the Kohanim to run up the stairs hastily out of respect for the Beit HaMikdash. Therefore, the Gemara answers that it teaches us that just as we must build a ramp to get to the Mizbeach so that he shouldn’t be too hasty, so to a judge must be careful and not too hasty with their judgment. Additionally, Chazal teaches us that the Dayan should be humble and should not disrespect or hold himself higher than those who he judges, just as a Kohen should not feel arrogant and walk in a humble manner. The Maharal explains that if HaShem wouldn’t have granted us the power to judge people, we wouldn’t be allowed to, as the Pasuk says that judgment is G-d’s. We are only appointed by HaShem to make peace between people, and the judge’s job is just to spread love and peace amongst Am Yisrael. In other words, the judge is appointed to serve HaShem and not for his own respect, just as a Kohen is appointed to serve HaShem with no feelings of arrogance. What we can learn from here is that we should never judge people, as it is not our place. Even a judge cannot make judgments if he is not appointed for this by HaShem and granted the permission. Likewise, the Gemara in Pesachim says that there are seven things that are sealed from the eyes of people, and one of them is the depth of judgment.

The Laws of a Jewish Slave - There are four laws regarding a Jewish slave.  First, if he worked for six years, he can leave on the seventh with no conditions. Second, if he started the six years single, he leaves single, and his master does not give him a Shifcha Cananit. Third, if he got married to a Jewish woman during his time as a slave, the master must take care of her and their children. Fourth, if the slave master gives him a Shifcha Cananit wife, and they have children, the Shifcha and their children stay with the master. There is a question to be asked here: There are 23 positive commandments in Parashat Mishpatim and 30 negative commandments. Out of all these Mitzvot that we have in this Parasha, we start with the Mitzvah of a Jewish slave. Why is this? There are a few answers:

Reminds us of who set us free, and Shabbat - One answer from the Nachmanidies is that this Mitzvah reminds us of the first commandment of the Ten Commandments, that HaShem is our G-d, and took us out of Egypt where we were slaves. The Nachmanidies additionally says  that it reminds us of Shabbat, as just as the slave goes free on the seventh year, we also are freed on the seventh day of Shabbat.

Who do you serve? - HaRav Avraham HaKohen Kook says that the first thing someone should do before anything is to analyze himself, and sincerely identify his motives in life. A person has to ask himself, “Who am I? Am I someone who is a slave or am I free? Am I a slave to HaShem, serving him wholly, which is real freedom, or am I a slave to money, others opinion, or my Yetzer HaRah?”

No one is rejected - The Torah says that if somebody steals an ox or sheep and slaughters it or sells it, he needs to pay back five oxen if he stole an ox, and four sheep if he stole a sheep. The general reason why he has to pay more than he stole is to fine him for his crime, especially as it happened very frequently, and they wanted to stop it from happening so much. The Gemara in Bava Kama explains that the difference between the ox and sheep is that when the thief steals the sheep, he has to carry it on his shoulders, and he feels ashamed, and thus has a lower fine. Reb Eliyahu MiLupian teaches something very important from this: The Torah has compassion for every single Jew, even one who steals, as he was created by HaShem. Even someone who is at such a low level is not given up on, and his potential is never thrown to the side.

Convincing a land mine to make peace - If someone finds a thief in the middle of digging a hole in order to break into his house, and the homeowner kills him, he is not held guilty. The reason, as explained by the Gemara, is that if the thief succeeds in breaking into his house and the homeowner catches him, there is a high chance that the thief will kill him, and therefore, it is permissible to kill him before he kills you. But, if we know for sure that he isn’t going to kill, and simply wants the money, like a father breaking into his son’s house, then he is not allowed to kill him and will be held liable for it. We learn here that if you know that somebody wants to kill you, there is no point in making peace with him. It is like a war that you have to win. This is especially so when he says that he wants to kill you, then you must kill him first. Unfortunately, today we practice this principle way too much, and sometimes we put our enemies before our own soldiers. We must know that we cannot take a chance. If the world followed the Torah, we would all be in a better place today.

Never Alone - The Pasuk says that one is not allowed to cause any pain to a widow or orphan. There is a discussion in the Mechilta whether this Halacha applies particularly to an orphan and a widow, or is it simply an example, and it applies to any person. The Nachmanidies explains that the reason for this Halacha is that they are very sensitive, and we should thus speak with them very gently and respectfully, unless he afflicts them for their benefit, like how they taught a child Torah in the past. Reb Hirsch says that many countries discriminate against strangers and take their rights by the law, and we are not allowed to do this. This is why the first Pasuk says don’t discriminate against strangers and take their rights, and is followed by the Pasuk warning us not to mistreat widows and orphans. The Torah is trying to tell us that as a nation, and as a country, we must not mistreat others, like laws against strangers, but additionally, each individual also has to refrain from mistreating others, like afflicting a widow or orphan that is among us. The second part of the Pasuk explains that if someone afflicts a widow or orphan, because they are alone and have no one to help them, HaShem will listen to their prayers. In the second part of the Pasuk, we see that every word is repeated twice redundantly. One beautiful answer is that when a person is alone in a room, or he stands near mountains or an empty cave and he shouts, he hears his voice echo back to him. This reminds us that really, no one is ever by himself, and HaShem is always with him. There was once a motorbike rider that the police would always keep an eye on, for some reason. From time to time, they would stop him and ask for different information in order to catch him making a mistake. Every time he was able to provide any information they requested. Once, after they stopped him and were again unsuccessful in fining him, they asked him how they were never able to catch him, no matter how many times they stopped him. He responded that HaShem is always with him. The cop excitedly responded, “If that’s the case, then I have to fine you for having more than one person on the motorcycle.

Blessed Bread... in every way - The Pasuk says, “You shall worship HaShem, your G-d, and He shall bless your bread and your waters.”  In this Pasuk, it starts out in the plural form, and ends in the singular. Why is this? The answer is that from here we learn that one should pray for others first. When he does so, HaShem blesses him before he blesses the one who he prays for. The Pasuk then continues that HaShem will remove all sickness from amongst you. What is the connection between blessing the bread and removing sickness? We can answer based on Chazal’s teaching that the more properties you have, the more concerns you have. The more someone has, the more things are able to be damaged, and he therefore worries more. HaShem just blessed Am Yisrael that they should have good and plentiful food and water, but this could potentially be detrimental. They would have more food and could be overwhelmed with worry. Therefore, HaShem said that He would not only bless the bread and water, but also add in addition a special Beracha that the people would not be affected by worrying about it. Additionally, we can say, based on what the Rambam says, that many illnesses come upon someone who eats too much, that the food will be blessed, that you won’t have to eat too much of it to be satiated, and they will not become ill.

Just Do It— A Jewish secret - The Pasuk says, “And he took the Luchot HaBrit, and he spoke in the ears of the people, and they said Naaseh V’Nishma, we will do, and we will listen.” The Gemara in Masechet Shabbat says that when Am Yisrael said those two words, a heavenly voice asked, “Who revealed this secret to my dear children, a secret that only angels make use of?” Rav Kook says that this is our power as a nation, doing things without questioning and only because HaShem said so. Just imagine if we asked questions about all the Mitzvot that the Torah commands us to do. We would not understand why we do what we do, and, as a result, we would not do it. The reason why we, Am Yisrael, have survived as a nation for so many years, through all the different exiles and nations trying to erase us, is because of this.     The simple explanation of “Naaseh V’Nishma” is found in the Mishnah in Pirkei Avot. It says there that if one’s deeds exceed his wisdom, his wisdom will last, but someone whose wisdom is more than his deeds, his wisdom will not last, as it says, “Naaseh V’Nishma.” We all know that many people like to talk about lofty plans and projects, but our secret is to do without promising, asking questions or for credit, and  just doing it.

Why No Milk and Meat? - Like its name suggests, most of the commandments in this week's Parasha are Mishpatim, which are laws that make sense and are easy to understand their reasons. Chukim are laws that don’t make sense to us. There is one Chok featured in this Parasha of not mixing meat and milk. The Torah doesn’t list any reason for this commandment. However, the commentators offer many explanations. The Rambam says that it was customary by idol worshippers to make sacrifices with milk and meat, and is therefore forbidden. The Zohar HaKadosh says that meat represents strict judgment and milk represents kindness, so we don’t mix the two. HaRav Kook says that the reason for separating these two types of food is because in order to eat meat, we have to reach a high level, because we have to kill the animal in order to eat it. Milk, on the other hand, doesn’t require the killing of an animal to drink its milk. Before Matan Torah, only Bnei Noach were able to consume meat, as we did not know how to slaughter animals correctly. We were, however, allowed to consume milk. The Torah wants to emphasize the difference between them, so we are therefore not allowed to mix them or eat them together.

Give Him Bread, or an Oven? - The Pasuk says, “If you lend money to my people, and the poor amongst you, don’t act like a creditor (and take interest).” There is a great Mitzvah to support poor people in your community, as it says specifically in the Pasuk the poor amongst you. The Pasuk adds the words “my people” to teach us that one should not treat the borrower disrespectfully when lending him money, as he is from HaShem’s nation. The Rambam says that this mitzvah of lending money is preferred over giving a present of money to a poor person, since it’s less embarrassing, and it will prevent him from entering into a situation where he only relies on the gifts of others. However, Abarbanel says that it’s better to give a present, but if the poor person doesn’t want to accept a present, or he’s embarrassed to, then you should lend him money. It looks like the Rambam holds that giving good advice on how to invest money, or helping a person to have the right tools is better than giving someone actual money. Helping someone become independent is a great mitzvah, and only when one is unable to work for any reason should we give him charity, Tzedaka. From the Abarbanel’s perspective, it is not our concern. We should first offer him a present, and only if he doesn’t want a present or is embarrassed should we lend him money.

Help Him, With Him - This principle is quite similar and is connected to the previous. The Torah says, “When you see your enemy’s donkey crouch from underneath his load, and you would have refrained from helping him, you shall surely help with him.” The Gemara in Bava Metzia explains that if the owner of the donkey sits and says that it is your Mitzvah to help and support the donkey, he is not obligated to help, as it says in the Pasuk “Imo” “with him” and not for him. Rabi Shlomo Efraim MiLuntshitz, the writer of the Kli Yakar, says that from this we learn something important when it comes to helping others. He speaks of something very common in his time, where many poor people would rely completely on the community to support them. They did not put any effort into trying to make some money to feed themselves and their family, but rather placed their burden upon others. The Kli Yakar says that there is no Torah obligation to help him, as the Torah specifies that you should help him, with him. If someone doesn’t want to help himself, there is no obligation to help him. Only when someone is doing his best at making ends meet, but doesn’t succeed, are we obligated to help him in any way possible. This doesn’t just apply to the poor, but in general. If someone is not doing his best to help himself, we do not have to help him.