PARSHAS MISHPATIM | 26 SHEVAT 5768 | 2 FEBRUARY 2008 Click to print/View in PDF ARCHIVES

Parsha Perspectives by Ozer Alport

(ואלה המשפטים אשר תשים לפניהם (21:1

“And these are the ordinances that you shall place before them.”

It has been noted that the yahrtzeit of Rabbi Yisroel Salanter (1810 - 25 Shevat 1883), the founder of the Mussar (Ethics) movement, traditionally falls during the week of Parshas Mishpatim, as it does this year on Friday. I once heard a beautiful insight into this non-coincidental connection based on the first comment of Rashi in our parsha.

Rashi explains that the seemingly superfluous letter “vav” – (and) – at the beginning of the parsha is coming to emphasize a connection between our parsha and the previous one (Yisro). Just as the previous parsha related the giving of the Torah at Mount Sinai, and it was self-evident that the mitzvos contained therein were presented by Hashem at Sinai, so too the commandments contained in Parshas Mishpatim were given at Sinai.

Parshas Yisro contains the 10 Commandments, the fundamentals of the Jewish religion, which people are naturally scrupulous to perform. By and large, Parshas Mishpatim contains mitzvos pertaining to the conduct between us and our fellow man, laws which are often viewed as trivial and mundane which can cause us to be lax in their observance. It is for this reason that the Torah emphasizes their Divine origin, equal to that of the “more serious” injunctions of the 10 Commandments.

Rabbi Salanter toiled endlessly at his life-long mission to convince Jews to recognize that the mitzvos governing our interpersonal interactions are just as important as those pertaining to our relationship with Hashem, and we must be equally meticulous in their performance. Rashi tells us that Rabbi Salanter’s thesis is the message of the very first letter of our parsha, and it is therefore fitting that his yahrtzeit falls this week, as learning our parsha is indeed a most proper tribute to his legacy.

This message is illustrated by the following story involving a young newlywed who was careful to perform each mitzvah according to the most stringent opinion. Shortly before the holiday of Sukkos, his wife requested that they spend the holiday with her elderly mother. Her husband agreed and on the day before Sukkos, they traveled to her mother’s home, arriving just a few hours before the holiday.

As they began to unpack and get settled, he noticed that the Sukkah that his mother-in-law had constructed in her yard didn’t conform to a Rabbinical stringency required by the great Chazon Ish, Rabbi Avrohom Yeshaya Karelitz (1878-1953). Because time was short, he realized that he didn’t have sufficient time to adjust the Sukkah in order to meet this opinion, nor did he have time to return to his hometown.

The husband had no choice but to eat his meals and sleep in the Sukkah of one of her neighbors. Meanwhile, his wife and mother-in-law were left to “enjoy” their holiday alone. A prominent Rabbi who heard about the incident remarked, “He kept the Rabbinical stringency of the Chazon Ish while violating the Torah’s commandment (22:21, in our parsha) against causing pain to a widow or orphan!”

As piety is often associated with the mitzvos between man and Hashem, it is unfortunately not uncommon for someone to emphasize this kind of mitzvah at the expense of the commandments which govern our interpersonal relationships. In reality, Rashi and Rabbi Salanter teach us that true piety requires us to recognize that both categories of mitzvos emanate equally from Hashem and must be balanced accordingly

talking points - parshas MISHPATIM

by Rabbi Elazar Meisels

1. Strike Three

“And one who strikes his father or mother shall surely die” 21:15

• Strikes – Only a blow that causes blood to flow is subject to capital punishment – Rashi
• Much discussion can be found in Halachic tomes (Jewish law books) about whether the prohibition against striking a parent extends even to a situation where no malice is intended? An example of this is a doctor or dentist who wishes to treat a parent and would need to perform a procedure that will cause bleeding. See Shu”t Minchas Yitzchak 1:27, Shu”t Yachel Yisroel Siman 41,

In an age when respect for authority has eroded, and gratitude toward parents is often not as prevalent as it should be, the Torah’s admonishment against striking a parent is especially salient. Our parents deserve nothing less than our utmost respect and appreciation. We must feel this so strongly that the thought of striking a parent must be as distant from our minds as death itself.

2. Think Again

“You must not mistreat any widow or orphan.” 22:21

• Widow Or Orphan – The same applies to any person, but the Torah speaks of a typical case, for widows and orphans are defenseless and often victimized. – Rashi
• Mistreat – If your intent is to cause an orphan pain, you may not treat him harshly. If your goal is to assist him in his personal growth, it is permitted. – Sforno –Rabbi Ovadiah ben Jacob 1475-1550
• Nevertheless, the term “any” indicates that even where authorized, one must be especially careful not to overdo it with an orphan or widow. – Haemek Davar (by Rabbi Naftali Zvi Yehuda Berlin, also known as the Neziv)
• You Must Not – One who witnesses the maltreatment of a widow or orphan and does nothing to protest, is guilty of this crime as well. – Ibn Ezra ( Rabbi Avraham Ibn Ezra, 1089-1167)

One who mistreats a defenseless person is not only a cruel and uncaring person, but he is also making a grave mistake in assuming that these people are truly defenseless and therefore easy targets. This is because Hashem assumes responsibility for their welfare, and He makes it clear [Devarim 10:18] that He will not accept their exploitation at the hands of others. One who targets them for abuse demonstrates doubt in Hashem’s ability to protect them – a sin on par with, or possibly greater than, the mistreatment of the unfortunates.

3. Mountain Climbers

“And Hashem said to Moshe, ‘Ascend the mountain toward Me and remain there and I will present you with the tablets of stone, the Torah, and the mitzvos, which I have written for you to teach them’” 24:12

• Tablets Of Stone, The Torah, And The Mitzvos – All 613 mitzvos are included in the Ten Commandments – Rashi
• Tablets of Stone – They were made of stone to symbolize the great strength needed to assume the yoke of Torah, and to humble oneself in order to study Torah by asking questions that are elementary to all, but the questioner. – Baalei HaTosafos

Just as the substance of the tablets represented the strength needed to assume the yoke of Torah, the ascent up the mountain symbolizes the need to scale a figurative mountain in order to acquire Torah. This challenge repeats itself every time a Jew decides to study Torah; a challenging endeavor that demands strength and determination to overcome the many obstacles that present themselves along the way. It is comforting, however, to know that it has never been an easy task. Throughout the generations, Torah study and observance has required great strength and fortitude. Of course, the myriad benefits make it all worthwhile and one will be rewarded for all the effort expended.

Salty Bread

Hi Rabbi,
I recently went over to my partner’s home for a Shabbat meal. It was quite an experience, and one that I hope to take part in more often! I noticed one strange thing during the meal, and I was wondering if you could explain it. After making the blessing on the Challah bread and cutting it into slices, my partner proceeded to dip each piece in salt. At first I thought nothing of it, but then later it struck me as unusual. Where does this custom come from?
Thanks,
Adam

Dear Adam,
That is an excellent question, and I’m glad you asked. It is one of those things that can seem quite strange without knowing the reason behind it. I remember once seeing a Chassidic Rebbe eating his Challah. Not only did he dip his bread in salt after making the bracha (blessing), but he actually put a bit of salt on every bite he took! I was baffled to say the least. After some searching, I found out the source for this custom. It actually dates back to the Temple service when a bit of salt was placed on all sacrifices being brought on the Altar.

The Midrash tells us of a metaphorical dialogue that took place on the second day of creation, when G-d split the higher atmospheric waters from the lower terrestrial waters. The lower waters lodged a complaint with G-d’s saying that they wanted to be closer to G-d. It was unfair that they were left down below on earth. G-d placated them by telling them that they too would be before Him, because every sacrifice in the Holy Temple would have a bit of sea-salt on it, and water would be poured on the altar on Sukkot. We see this reflected in the Torah, “on your every offering, shall you offer salt.” (Lev. 2:13)

The salt would actually be a very apropos “Shidduch”(partner) for the offering, because just as the salt came to G-d with a desire for more closeness, so too anyone bringing an offering in the Temple was displaying that same sentiment.

Unfortunately, we don’t have a temple today, and no altar on which to offer sacrifices. However we do have an alternate altar. The Talmud in Chagigah brings the following perplexing verse, “The altar was of wood, three cubits high, and its length two amos, and its corners and its length, and walls of wood. And he said me: ‘this is the table that is before G-d.’” (Ezekiel 41:22) The confusing point in this verse is that it begins by describing an altar and ends by describing it as a table. Which one was it? The Talmud explains that the prophet was hinting to us that in these times when there is no altar, a person’s table becomes his altar. (Chagigah 27A)

One understanding of this is that the kindness one displays at their table, the guests a person invites, and the poor he feeds at his table serve to atone for his sins the way the altar did in the Temple. Another understanding digs a bit deeper. The entire experience of bringing an offering to the Temple was an affirmation of the idea that one is supposed to elevate the physical world around him. The way one conducts himself at the table indicates his attitude toward food, the basic fuel of the physical world. Does one treat the food as an ends unto itself or does one see it as a means of sustenance that makes a spiritual life possible. Does one see their eating as a totally physical act or can they give it spiritual meaning as well (all the blessings sure do help with that)? This is the Test of the Table.

Therefore, we sprinkle a little bit of salt on the bread to remind ourselves of the incredible connection between the altar and offerings of yesteryear and the meal that we are about to eat. It puts a whole new spin on what a meal is, what its purpose is, and what it potentially can accomplish! Bon Apetit!

Rabbi Leiby Burnham,

Parsha Partner is pleased to welcome Rabbi Leiby Burnham. Rabbi Burnham is a social worker and writer, and is the Associate Director of Partners in Torah in Detroit.

The Chofetz Chaim (Rabbi Israel Meir Kagan, 1838-1933 ) teaches us a remarkable lesson regarding how we should view all the suffering and pain that may come our way. All pain, hurt, or embarrassment, even when it is inflicted by someone with malicious intent, is carried out only through Heavenly order. [This does not excuse the perpetrator, of course, for he freely chose to be the instrument of harm to another.]

He bases this on the Gemara in Bava Kamma (85a) that expounds the words וְרַפֹּא יְרַפֵּא to teach that a doctor has "permission" to heal. Had the Torah not granted this specific permit, one could say: "Hashem inflicted this suffering on the person. What gives a doctor the right to defy the King's orders?!"

Now, the verse is not talking about someone who fell ill from natural causes. Rather, it involves a healthy man who ended up in a quarrel, resulting in an injury. In such a situation, one might think that there is no reason to assume that this injury came about as the result of a Heavenly decree! Here the Torah reveals to us that it is not so — there is nothing that befalls a person without Heavenly consent and approval.

This belief, which can ease much hardship in a person's life, was embraced by King David. The verses in Shmuel II (16:7-10) tell us how Shimi ben Geira cursed the king with terrible curses. When one of King David’s servants offered to dispose of Shimi, the king's reaction was: כֹּה יְקַלֵּל כִּי ה' אָמַר לוֹ קַלֵּל אֶת-דָּוִד, Let him curse, for Hashem has said to him, "Curse David!" The Sefer HaChinuch ( Book of [Mitzvah] Education Rabbi Aaron Halevi, Mitzvah §231) explains that a person must realize that suffering does not take place unless it was preordained by Hashem. Hashem is sending the person a message to repent of his sins, because they are the real reason for his suffering; the on e responsible for causing the pain is only Hashem's agent.

A person should consider such occasions as great opportunities for being cleansed of some of his sins, while at the same time strengthening his emunah (faith) that everything in this world comes from Above.

Rav Elyah Lopian would often repeat this lesson from the Chofetz Chaim, and would conclude with a sigh: "How far are we from seeing the lesson in the simple interpretation of this pasuk (verse), whereas the Chofetz Chaim with his great emunah (faith) saw it at first glance!"
 

Hey, I never knew that! By Ozer Alport

Amazing Insights About the Weekly Parsha   

Q: Parshas Mishpatim begins by discussing the laws of a Jewish slave (21:2-6). What are some of these laws, and what lesson can we derive from them?

A:Rabbi Eliyahu Lopian notes that the Torah requires his master to care for the slave’s needs just as he cares for his very own (Kiddushin 20a). Further, if the master only has one bed or one pillow, he is required to give it to his servant and do without, as our Sages teach that a person who acquires a Jewish servant actually acquires a master for himself. If a person would walk into a house and see two people sleeping, one on a bed and one on the hard floor, he would automatically assume that the person sleeping on the bed is the master and the one on the floor is his slave, but according to the Torah it is just the opposite.

Specifically in regards to this dejected individual, who was caught stealing or forced to sell himself into slavery due to extreme financial hardship, the Torah requires his owner to give him the comfortable bed and treat him with respect. Such empathy and consideration doesn’t come naturally to even the most sensitive human being, but only through the study of Hashem’s Torah.

Q: The Torah gives the master of a female Jewish slave a moral obligation to arrange for her marriage, either to himself or to his son (21:8-9). Who is this maidservant? She is the daughter of a man so stricken by poverty that he was forced to sell his own young daughter into slavery, hardly a girl that people will be jumping to marry. Why would the Torah suggest that her wealthy owner would want her as a wife or daughter-in-law?

A: In his work Darkei HaShleimus, Rabbi Shlomo Margolis suggests that this mitzvah teaches us that when it comes to seeking a prospective match, money shouldn’t be the determining factor. Nobody could possibly be as destitute as this maidservant, yet the Torah commands her owner not to see a financially downtrodden girl but a potential wife for himself or for his son. Money – or the lack thereof – doesn’t reflect on the essence of a person and his/her suitability as a good husband or wife.

Rabbi Margolis recounts that there was once a student in the Radin yeshiva in Poland who returned after a trip to meet a prospective match. The saintly Chofetz Chaim asked him how the encounter had gone, and the boy proceeded to describe at length the tremendous poverty in which the family lived. The sagacious Chofetz Chaim turned to the boy and asked with a smile, “And what other ma’alos (positive traits) did she have?”

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