Parashat Mishpatim When a mitzva is mentioned and no number is indicated, it means that the mitzva is counted elsewhere, but is still found in Mishpatim. This being the case, it makes Mishpatim even more mitzva-filled than its high count indicates.
First Aliya - 19 p'sukim - 21:1-19 The EVED IVRI, a Jewish male indentured servant works for 6 years and goes free in the 7th year. He leaves as he entered, i.e. if he had a wife and children previously, they, of course, leave with him. If, on the other hand, his master had given him a SHIFCHA CANAANIT as a wife, she and any children he fathered remain the possessions of the master - they are halachically not his wife or children. [By the way, if the SHIFCHA and/or the children are subsequently freed, they become Jews - unrelated to their biological father the EVED IVRI. The process is analogous to conversion. It's more complicated than presented, does not apply in our time, but that's the idea.] If the EVED IVRI wants to remain in his master's service, his ear is pierced (a symbolic rebuke: "The ear that heard at Sinai that we are G-d's servants, should not want to be a servant to a servant.") and now he serves "forever" (until Yovel). The details of EVED IVRI constitute a positive commandment [42]. [SDT] Of all the topics to begin this mitzva-filled sedra, we see a significance in the Torah's choice of SERVITUDE. This is part of the definition of Belief in G-d, the first Commandment. G-d puts Himself in the context of He Who freed us from slavery. We should not be slaves anymore; we probably shouldn't have any. But at a time when it was still practiced, we are duty bound to treat the EVED in the manner commanded by the Torah, thus reflecting our belief in G-d. A man can arrange for his daughter to be "in service". She, the AMA IVRIYA, does not have the same rules as an EVED IVRI. Either her master, master's son, or someone else, takes her as a wife [43] with the full rights and respect accorded a Jewish wife [46], or she is to be redeemed or returned to her family [44], but she may not be sold to anyone else [45] or belittled or disgraced. The alternative to the above options is to free her completely. (Apparently, the purpose of AMA IVRIYA is to help the young maiden improve her status in society.) MITZVA WATCH Murder is punishable by beheading, known as HEREG or SAYIF. This is an example of the Torah's presenting both a warning LO TIRTZACH, Thou shalt not murder, and a punishment - He who strikes a man and he dies, he shall be put to death. Unintentional killers are provided with a place of refuge. A murderer who flees to a city of refuge is forcibly returned to stand judgment. Clarification Anyone who kills another is to flee to a city of refuge. Then, the court will bring the killer to court for trial. If the verdict is intentional murder, the person is executed. If the verdict is SHOGEG, the "perp" will be sent back to a City of Refuge, thereto remain until the death of a Kohen Gadol. If the court decides that the killing was purely accidental, they will release the killer from custody. And if the guilt is decided to fall somewhere between categories, the court will exercise its discretionary powers and do what it decides is in the best interest of all concerned, including society at large. There are 4 capital punishment, each fitting particular crimes and sins. Rambam considers that there are four separate mitzvot commanding the courts to carry out executions when someone is thus sentenced. At this point in Mishpatim, the Rambam counts the mitzva to execute by strangulation he who is tried, convicted, and sentenced for a sin whose punishment is strangulation [47]. Cursing one's parent (even after death) is a capital offense. As such, it is more serious than "striking", since if one strikes a parent after death, it would not be a capital offense (although it too is forbidden). If one inflicts a non-fatal injury upon another, he must pay full compensation based on five factors: damage, pain, insult, expenses, and lost earning potential [49]. Implied in this concluding portion of the first Aliya is our Jewish and human obligation and challenge to heal the sick. This derives from the double wording of V'RAPO Y'RAPEI. We do not see G-d as the only healer, so to speak. Of course, everything depends upon G-d, but He expects us, so to speak, to do our share at the task of healing. He supervises that, and takes over when we've done all we can. Second Aliya - 21 p'sukim - 21:20-22:3 On the other hand, corporal punishment which does not result in death or even the loss of limb, is within the prerogative of the slave's owner. (But even causing a tooth to fall out is considered excessive and results in the slave being freed.) The Torah next elaborates on the rules of personal injuries requiring the guilty party to pay compensatory damages. The famous "an eye for an eye..." passage has stimulated much slander against the Torah and Judaism by being construed literally. Our Oral Tradition explains the passage as requiring a thorough evaluation by the court to determine the proper amounts to be paid to the injured party. The next passage of the Torah deals with damages caused by one's ox (all animals are included; the Torah uses a practical example) [51]. We distinguish between damages that can, and therefore must be foreseen by the owner (for which he is completely held responsible), as opposed to an unexpected and unusual action by the animal that causes damage, for which the owner is held only partially responsible for. An animal that causes the death of a human, is to be destroyed by stoning and its carcass may not benefit anyone [52]. The Torah then discusses damages caused by a pit dug in the ground and negligently left unprotected [53]. The Gemara enumerates various categories of damages. Each case is to be examined on its own merits, so that the fairest treatment of the parties will result. Stealing an animal for slaughter or sale is punished by compensation of 4-5 times market value. This reflects the seriousness of stealing another's livelihood. If a thief is caught "red-handed" and is killed by the home-owner, there are certain circumstances for which the killing would be justified, and other cases where it would be considered criminal. This is the very sensitive passage that deals with self-defense and preemptive action to protect oneself. The Torah presents both possibilities; it is the Sanhedrin that would have to rule on specific cases and perhaps provide is with rough guidelines to distinguish between cases. This is the Torah source of "He who comes to kill you, beat him to the draw (so to speak) and kill him first." A thief who voluntarily turns himself in is penalized by having to add 25% of the value of that which he stole (which becomes one fifth of the amount that he must repay). If a thief is caught, he pays double [54], of 4-5 times, as above. A thief (male, not female) who cannot make full restitution can be sold by the court as an Eved Ivri in order to pay off his debts. Third Aliya - 23 p'sukim - 22:4-26 Next, the Torah presents the responsibilities of guardianship - when one is watching that which belongs to someone else without being paid for the service [57] and when he is being paid [59]. Included in the latter case is the rule for renting. The courts are charged [58] with careful handling all of these types of cases. The fourth "guardian" is the borrower who is responsible for all losses except the death of a work animal in the normal course of work [60], (and by extension, the ruin of an object from "normal wear & tear"). A man who seduces an unmarried woman is required to pay punitive damages to her &/or her father. And he must marry her, if she wants [61]. A convert to Judaism must not be embarrassed or taken advantage of with words [63] or in money matters [64]. These rules vis a vis the Ger are in addition to the "regular" prohibitions of embarrassing and taking advantage of anyone. Thus the Torah sensitizes us to the plight of the more vulnerable members of our society. The Torah spells this out vis a vis the orphan and widow [65]. Similarly, it is a mitzva to lend money to a poor person [66] and not demand repayment when none is reasonably forthcoming [67]. Included in this passage is the prohibition of charging interest on personal loans [68]. If one took a poor person's bedding as security for a loan, it must be returned each evening for his use. This is but one of the many lesson's in the Torah in G'milut Chasadim. Note that the Torah requires a behavior of us that is far above the standards of the world, even the civilized world. The rest of the world recognizes that taking advantage of the needy by charging an exorbitant interest rate is wrong. Usury or loan-sharking is understood to be improper. Charging a "reasonable" amount of interest is universally acceptable. Except within the Jewish community. People might not always live up to G-d's expectations of us, but we are supposed to. This is our raison
d'etre. Fourth Aliya - 9 p'sukim - 22:27-23:5 A thought... The YUD-HEI-VAV-HEI name of G-d is exclusive to Him. The Name is "jealously" guarded; we don't even pronounce it the way it is written. Yet G-d's "second" name, ELOKIM makes the rounds. It is one of the seven sacred names that may not be erased. But it seems as if G-d lends this name out for different purposes. The judges of Beit Din are called ELOHIM. And most surprising, the word is used for idolatry, as in the phrase ELOHIM ACHEIRIM. Why would G-d "lend" His name to people, much less to pagan gods? Perhaps, the Torah calls judges ELOHIM so that we will take the concept of human courts VERY seriously. A person might say: I don't trust courts. Judges are prey to bribery, etc. I'll rely on G-d alone. HaShem wants us to accept the P'sak Din and the G'zar Din of true courts with the utmost of confidence. He has placed His rubber stamp to the authority of the Jewish courts in this special way. As to idolatry... one possible answer is to tell us that at the core of every form of worship is the element of belief and reverence to someone higher than ourselves. As distorted and perverted as a form of idolatry can be, down deep - even if the practitioners don't realize it - is a belief in a Supreme Being. This idea is given credence by the use of the ELOHIM ACHEIRIM, EIL ACHER, etc. Do not withhold the gifts of the produce - T'ruma, Maaser, etc. - nor confuse the order in which these gifts should be taken from produce [72]. The Torah here briefly mentions the prohibition of taking an animal for a korban from its mother before it is eight days old. Such a korban would be automatically invalid, a M'CHUSAR Z'MAN, lacking in time. TREIFA, literally an animal torn up by a predator and left to die, is forbidden to eat (even though the animal was actually killed by sh'chita, ritual slaughter), but other benefits may be derived from it. Included in the laws of TREIFA are animals found, upon post-mortem examination, to have specific defects [73]. Note that the term TREIF is generic for all non- kosher, but actually describes one type of non-kosher. Courts many not hear one side of a dispute without the other party being present [74]. Included in this prohibition is not being influenced by rumors. Judges may not accept testimony from unworthy witnesses [75]. A majority of one is insufficient to convict in a capital or corporal cases [76]. In their deliberations, judges must be careful not to do anything that might pervert justice or unfairly shift the feelings of the court against the accused [77]. Generally, rules of law are determined by majority vote of the judges [78]. Judges may not show favoritism, even towards the less fortunate [79]. [sdt] A judge's heart might go out to a poor person who stands before him in a dispute with a wealthy man. Would it not be an act of kindness, of Tzedaka, to see to it that the poor person wins the dispute? NO! Not at the expense of justice. A judge wants to give charity? Fine. He wants to convince the rich guy to help the poor guy out? Good. But justice must be fairly meted out. Every bent case shakes the whole society's confidence in the justice system. Unacceptable. If one finds a stray animal, he shall return it to its rightful owner (even if it involves personal expense). This command is related to LOST & FOUND, whose "primary" place is Ki Teitzei. One must help even his enemy unload his beast of burden [80]. This mitzva is one of several that are considered the sources of the concept of TZAAR BAALEI CHAIM. [sdt] The Sefer HaChinuch says that if this mitzva applies to a donkey, how much more so does it apply to humans. If one sees a fellow person loaded down with bundles, it is a Torah mitzva to help him with them. By the same way of thinking, if you are the one overburdened and someone offers to help carry a package, etc. - let him. Resist the temptation to automatically say "no thanks, I can manage". Accept the help. You will be helped and the helper will be fulfilling a Torah
mitzva. Fifth Aliya - 14 p'sukim - 23:6-19 Do not oppress a stranger (convert?); this is a lesson of the Egyptian experience. One's fields are to be worked for six years and rested during the seventh, so that the poor and even the wildlife will be able to enjoy the land [84]. Swearing in the name of (and sometimes even just mentioning) a deity is forbidden. One should avoid popular interjections whose origins are associated with other religions - Gee!, Holy cow! Etc. Inciting others to idolatry (even without worshiping) is forbidden [87]. Matzot are to be eaten during the 7 days of Pesach. It marks the Spring season during which we left Egypt. We must not appear empty-handed at the Temple (but rather bring specific Festival sacrifices). Shavuot is the Festival of the First Harvest and Sukkot marks the final harvest at "the turn of the year". We are expected to go to Jerusalem for the Three Festivals. The Korban Pesach may not be brought while we are in possession of Chametz [89] nor may its fats be left over for the morning [90]. Bikurim are to be brought to the Mikdash from Shavuot time [91]; it is forbidden to cook meat with milk [92]. Some see the origin of the custom of having dairy on Shavuot in the two mitzvot that share the same
pasuk. Sixth Aliya - combines SHISHI & SH'VII 6+26=32 p'sukim - 23:20-24:18 so that the Shabbat-Rosh Chodesh portion can be read for SH'VII. G-d will send an angel (a prophet?) to lead and protect the People upon our entrance into the Promised Land. We must heed his words so that our enemies will fall before us. We may not bow to idols, nor worship them, nor learn from the deeds of pagans; we must destroy their idols. We must serve G-d and He will bless us with wealth and health. G-d promises that we will live full satisfying lives and that our enemies will panic before us and will be driven out of the Land - not quickly, but slowly, so that the People of Israel may properly populate the Land. [sdt] Wait a minute! Miracles, laws of nature turned upside down. Plagues. Splitting of the Sea. Manna. Water from this and that. MA PITOM (as we say in Israel) that we will only take over the Land of Israel slowly? What about a couple of miracles to handle the problem? The answer is that miracles are nice, but we don't live by them. We get them when we need them. But if the purpose of going (coming) to Eretz Yisrael is to live a Torah life in the place it was made for, then we have to do it naturally. This is the difference between the suspended animation of the Midbar and the down to earth, practical life in Eretz Yisrael. We may not make treaties with the 7 Nations nor with other idolaters [93], nor shall we permit idolaters a foothold in the Land [94], so that we will not be entrapped by them. The sedra concludes with a description of Matan Torah, including the famous NAASEH V'NISHMA response of the People to the offer of a Torah way of Life. Moshe remains on the mountain for 40 days and 40 nights. Seventh Aliya - from the second Torah - 7
p'sukim - Bamidbar 28:9-15 Unlike the Maftir of the Chagim, when the Musaf of the day is read, in the case of Rosh Chodesh we back up two p'sukim to include the musaf of Shabbat. We do not add the Shabbat musaf (which would be appropriate in the cases of Yom Tov falling on Shabbat, because it would necessitate skipping within the Aliya - something that is not done in the Torah, but only in the Haftara). Also, our mitzva of Sh'qalim is the antidote for Haman's proposed sh'qalim to fatten the king's treasury if he would grant Haman's request to kill all the Jews. We therefore read Parshat Sh'qalim before Zachor & Purim. The connection between KUGEL and Shabbat is a famous one, supported by a G'matriya. That is, the numeric value of KUGEL equals that of Shabbat. It doesn't, you say? Much smaller? You're right. So eat more Kugel. Enjoy. 17 p'sukim - M'lachim Bet 12:1-17 Some add the first and last p'sukim of the Shabbat-Rosh Chodesh Haftara, because Sh'qalim and Rosh Chodesh coincide. [The Mishpatim Homepage]
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