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Dvar Torah Parashat Mishpatim

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Dedicated in Honor of Our New Baby Boy,

Carey Ezra Sutton

By Ezra and Marcelle Sutton

_______________________________________________________

Parashat Mishpatim

 

From Har Sinai

 

At the end of last week’s parasha, Am Yisrael received the holy Torah on Har Sinai. Immediately following this momentous occurrence in our history, Parashat Mishpatim teaches us to start learning all the Torah’s laws and ordinances. We learn how to conduct ourselves as the Chosen Nation, both for our own sake and to set an example for the other nations of the world. This is the reason that the parasha begins, “Ve’eleh hamishpatim asher tasim lefnehem — And these are the ordinances that you shall place before them.” Rashi comments that when the Torah begins a passage with elehthese, the previous passage is separated from the new one. However, when the Torah uses the word ve’elehand these, the two passages are closely linked. The Torah is telling us, that just as the Ten Commandments were given from Hashem by Har Sinai, so too these ordinances are from Har Sinai.

 

Rabbi Twerski writes in his book Twerski on Chumash about how a great Rabbi was once challenged by a government official. “Why do your Rabbinic courts dispose of a case so quickly? We have lawyers who study both sides of the case and gather evidence. After the court rules, there may be several appeals. That way we know justice is carried out.” The Rabbi responded with a mashal—parable.

 

A wolf once made off with a lamb from a flock, but he was accosted by a lion who took the lamb from him. The wolf protested, but the lion insisted that as the king of all animals, he has the right to all prey. The wolf and lion decided to take their dispute to the fox, the wisest of all the animals. The fox ruled that both the wolf and lion had rights to the animal, so he determined they should share the lamb equally, so he proceeded to divide it. He saw one piece was larger than the other, so he ate from it to make the pieces equal. He nibbled a bit too much, so he ate from the other to make the pieces equal. By the time they were equal to each other, almost nothing was left.

 

The Rabbi said, “That’s your judicial system. With endless litigation, the lawyers end up receiving most of the money. In a Bet Din, both sides have their say, and the ruling is swift.” This gives us insight into the Torah’s legal philosophy.

 

Be Nice to Others

 

The Ramban comments that the laws of Mishpatim, which deal with manslaughter, negligence, kidnapping, bribery, borrowing, damages for accidents, and so on, are all an extension of the Tenth Commandment, “You shall not covet your friend’s house, his wife, his servant, his maid, his ox, his donkey, nor anything that belongs to your friend.” According to the Ramban, if you are envious of your friend’s possessions, that envy could lead to every other sort of transgression against others — like stealing, adultery, and even murder chas veshalom!

  

Parashat Mishpatim goes on to discuss fifty-three laws. Thirty of them are negative commandments, and twenty-three are positive commandments. Most of the laws concern human interaction, man-to-man, as opposed to interactions between man and G-d. Why does the parasha found directly after the Ten Commandments discuss laws between man and man, rather than the laws between man and G-d?

 

Rabbi Yisrael Salanter, founder of the Mussar Movement, teaches us that this is because you cannot be a truly pious person if you just follow the commandments between man and G-d. You must also follow the injunctions to treat your fellow man with justice and kindness. The Commandments on the right side of the tablets are between man and G-d, and on the left side they are between man and man. This teaches us that both are of equal importance. Even if you practice all the strictest chumrothalachik stringencies, it will not be enough if you do not treat others with the proper respect and care. In practice, to be truly religious Jews, we must concentrate on both types of mitzvot, so that we may continue to learn and grow!


Rabbi Shlomo Landau shares a story about a prestigious and pious Rabbi whom we will call David who was living in Israel. Reb David said he owed his beautiful family and everything he is to Reb Mordechai Leib Zaks. He shared his story about how he grew up in a religious home in prewar Europe. After surviving the Holocaust, David joined a Zionistic organization that pulled him away from religion. He moved to an anti-religious kibbutz, and he met his wife. One of David’s favorite pastimes was driving his car on Shabbat around religious neighborhoods in Jerusalem. He described that he would get a high from the reactions of the religious communities.

 

One Shabbat David planted his car in the center of a main street in a religious neighborhood and held down on the horn. Immediately the locals chastised him, yelling to him that it was Shabbat. He shouted back that he had a right to be in the street. A large crowd formed by the car, and the situation escalated nearing physical altercation. All the sudden the crows parted and backed away from the car, and an important looking Rabbi approached the car. He turned to face the crowd as if to address them, and David seized the moment to make a U-turn and speed away.

 

The next day as David was on his kibbutz he received a knock on the door. It was none other than the Rabbi that had come to his rescue. The Rabbi introduced himself as Reb Mordechai Leib, and he explained that he remembered the license plate and used his contacts at the department of motor vehicles to track him down. David was amazed by the Rabbi’s warmth and concern that he agreed to go for a walk in the kibbutz gardens. That was the first meeting of many, and eventually David found his way back to Judaism.

 

That Shabbat Reb Mordechai Leib saw past the hurtful actions of a stranger and saw the good inside of David. So too we should go out of our comfort zone and love our fellow Jews and judge them favorably. That is what being a Jew is all about.

 

Caring for Others

 

It says in this week’s parasha, “If you see your enemy’s donkey is sagging under its burden, you shall not pass by. You shall surely release it with him” (Shemot 23:5). The Torah commands us to be kind to everyone, not just our friends.

 

Rabbi Zecharia Wallerstein A’h told an astounding story that happened many years ago to a religious man in Bnei Brak, Israel. Every day when this man rolled up his sleeves to put on tefillin his grandson would notice that his grandfather did not have a single hair on his arms. His grandfather had hair everywhere else, and this unique trait puzzled the boy. Whenever he would ask his grandfather about it his grandfather would reply to the boy, “When you become Bar Mitzvah I’ll tell you why.”

 

The evening of his Bar Mitzvah, a Jewish man walks into the room. He looked like he came straight out of chemo. He did not have a single hair on his body, no eyebrows, no eyelashes, nothing. Everyone is wondering who this unfortunate man is. The Bar Mitzvah boy did not know him.

 

The grandfather jumps up and runs to give this man a hug, crying. The grandfather brought the man up to head table and announces that his friend, Chaim would be giving a speech. Chaim gets up, “This is one of the biggest days of my life. Let me tell you our story.

 

“We were very young boys when we were brought to Auschwitz. The Nazis killed my parents and sibling in front of me. My life was over, I lost everything. The Nazis lines us up, me and your grandfather, and they took us to get deloused. They forced us to take off our clothing and step into a pit filled with water and lye acid for a few seconds. When it was my turn to be put in the hole, I decided I am not coming out. I lost everyone I loved, my shul, my town. Suddenly I had a thought, the Nazis took my clothing, my dignity, my family, but they did not take Hashem.

 

“My skin was burning, and I could not get out. I lifted my hands in the air for someone to help, and your grandfather ran over to the hole, knowing the Germans would shoot him for saving him and he pulled me out. I was very badly burnt, and your grandfather hid and took care of me the whole time we were in the concentration camp. One night while we were still young boys, I was dying and he said to me, ‘You and me are going to celebrate my grandchildren and your grandchildren’s Bar Mitzvahs in Israel.’

 

“I will never forget it. I have waited and waited for this to happen. This is the first grandchild’s Bar Mitzvah, and we are here, and they are not.” He turned to the Bar Mitzvah boy, “That is why your grandfather has no hair on his arms. Those were the arms that stayed in the lye and burned so he could pull me out.”

 

This story shows us the unbelievable lengths a Jew would go to save another Jew’s life. This week’s parasha teaches us the value of a human life and property and to care for the feelings of animals and even our enemies! David Hamelech says that the essence of a Jew is to be merciful, humble, and kind (Yevamot 79a). Let us continue to work on ourselves so we can become the best versions of us.

 

Be Extra Sensitive to the Widow and the Orphan

 

The Torah goes on to discuss many laws about damages and injury between neighbors. It then singles out the treatment of widows and orphans. “If you oppress [the widow or orphan], for if he cries out to Me, I will surely hear his cry. My wrath will be kindled, and I will slay you with the sword, and your wives will be widows and your children orphans (22:22-23).”

 

The Torah uses double lashon for “oppress,” “cries,” and “hear.” Harav Baruch Sorotzkin A”H explains that this because when the widow or orphan cries out to Hashem, their pain is doubled, since a widow doesn’t have a husband and an orphan doesn’t have a parent to provide protection. The Rambam and the Sefer HaChinuch all rule that this mitzvah is not limited to widows and orphans. Rather, it applies to anyone weak or downtrodden. Widows and orphans are vulnerable by nature. Still, we should worry about hurting any person, because no one really knows who is weak or vulnerable. Rabbi Scheinbaum tells us in his sefer, “Peninim on the Torah” that when a person is weak and disadvantaged their tears go straight to Hashem as the passuk concludes, “And should the [the widow or orphan] cry to Me, I shall certainly hear him!” While of course Hashem listens to all our prayers, the prayers of orphans and widows have Hashem’s “ear” more readily than other people.

 

Our Rabbis teach us the importance of treating your fellow Jews with sensitivity. Comments that may be said jokingly may be deeply painful for the other person. You never know what someone is privately going through and what kind of collateral damage you may be causing.  

 

The Only Money That’s Really Ours

 

The parasha also includes an injunction against charging interest when you lend money (22:24). This is one of only three places in the Torah where the word “im” means “when,” and not “if.” Why does the Torah use the language of “When you lend money,” as opposed to “If you lend money?”

 

We learn that to assist a poor man with a loan is not optional, it is obligatory, providing that you have the extra money to lend him. The Or HaChaim explains, “When you realize that Hashem has blessed you with good parnassah and more wealth than you need to live, you must understand that a percentage of that money actually belongs to the poor man, and Hashem gave it to you to hold for him. When you lend it to him, you’ll even get a mitzvah! In addition, this becomes a great opportunity, for when you give tzedakah to a fellow Jew, it’s as if the lender is benefiting even more than the borrower, by means of a very big mitzvah!” The Kli Yakar goes even further, saying that when the poor man comes to you, it should be perceived as if he’s doing more for you than you’re doing for him!

 

In Baba Batra 11a, there is a quote by King Munbaz, a righteous convert who moved his royal estate to Yerushalayim in the time before the destruction of the second Bet Hamikdash. During the years of famine, he used the contents of his royal storage houses to feed the poor. When his family protested, he said, “My father hoarded money in an insecure place here on Earth, but I want to protect my wealth much more securely — in Olam Habah — by giving it away to the poor and the needy.” In the end, no matter how wealthy a person may become on Earth, the mitzvot that he earned is the only currency that he’ll take with him to Olam Habah!

 

Soul Snatching

 

He who strikes his father or his mother shall be put to death. And he who steals a man and sells him… shall be put to death. And he who curses his father or his mother shall be put to death (15-17).” Why does the parasha have a passuk about the punishment for kidnapping right between two pesukim about the punishment for hitting or cursing one’s parents?

 

Rabbi Avraham Bukspan responds in Classics and Beyond. When parents push their own dreams and aspirations on their child, the child’s individual needs are usually overlooked. A child is supposed to be nurtured and his needs are supposed to be met so the child can grow into the best person he can be. If a parent is selfish, more interested in achieving his own goals as opposed to his son’s, the child will resent his parent. That is why kidnapping is in between the sin of assaulting and cursing one’s parents. Because what drives someone to hit his mother or father? When his parents kidnap not flesh and blood, but a young child’s soul—a life that could have been.

 

May we always be conscious of the laws between man and man, as well as the laws between man and G-d. May we also be considerate of the poor man among us, and understand that we aren’t just helping him, he is helping us. Whatever we give to tzedaka in this world is going into our personal accounts in Olam Habah, which can never be taken away from us — because in Hashem’s eyes that’s all that we really own! May we nurture each of our children according to their individual needs so they can grow and fulfill their potential in this world. Amen!

 

Shabbat Shalom!

Rabbi Amram Sananes, written by Jack Rahmey 

 

Discussion Point:

  • Are we more careful with mitzvot between man and man, or between man and G-d?

This book is a compilation of Divre Torah from the weekly parasha classes from Rabbi Sananes’ teachings over the last 10 years along with my own experiences in those classes which has stimulated my Torah growth. I’ve included many pertinent stories and life lessons to grow from at your Shabbat table. There’s also questions and discussion points at the end of each Parasha to stimulate a Torah conversation at your Shabbat table for the whole family to participate in. Also, included is a holidays section at the end of the book to use for all of our special holidays and Yomiim Toviim.



Now available in all Jewish bookstores and Amazon! Scan the barcode on the right to purchase from Amazon.

Rabbi Sananes and I look forward to hearing your feedback.

Sincerely, Rabbi Amram Sananes and Jack E. Rahmey


AmramSananes@me.com and jrahmey@rahmeyfinancial.com (917-226-6276)               


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