ON THE PARSHA Parshas Mishpatim by Dovid Lipman, Israel Year 2, No. 18 Introduction This parsha, which lays the foundation for the legal system of the Torah, has six parts: 1) Slavery & Human Damages 2) Property Damages & Responsibility 3) Immorality & Specialness Mitzvos 4) Judging 5) Shmittah and Holidays 6) The Covenant 1. Slavery & Human Damages -- 21:1 [Beg.] to 21:32 Some laws of the six-year servitude a Jew can have to another are followed by the legal response to murder and other damages to people, including the five categories of human damage compensation. Worthy of Note (21:12) "A killer..." Why are these two subjects juxtaposed? R' Bachya says the law that a slavery should be very temporary (the 'nirtza', one who extends his slavery, has his ear pierced as a kind of rebuke - see Kidd. 22b) emanates from the first commandment 'I am Hashem ... who took you out of Egypt and slavery'. (Jews serve Hashem, not each other.) Therefore, we now turn to explain the first commandment on the second tablet, murder. 2. Property Damages & Responsibilty -- 21:33 to 22:14 Four categories of property damage: Goring (a strange but normally damaging act), Eating (Natural but not normally damaging act), Fire (see Bav.Kam.22b), and a Pit (Damage done by propery's position, not act). Three types of property responsibility: Watching (for free), Renting, and Borrowing. The World of the Supernatural (22:14) "If the owner's with him, he doesn't pay". The Ohr HaChaim points out that one might try to escape judgement in the next world based on this law: though we don't return our souls 'intact', wasn't the Owner with us - to take care of us - the whole time? But there are two flaws here: (1) As the gemara (Bav.Metz.94 and Makk.3b) says, one can stipulate beforehand to override these laws, and (2) An 'exemption' in the Torah from human judgement is often due to human inability to judge the case properly; certainly, in such cases judgement is executed by heaven anyway. 3. Immorality & Specialness Mitzvos -- 22:15 to 22:30 If a man seduces a woman, he must marry her if she so desires. Three immoral acts punishable by death are next, followed by (1) Special treatment for converts and the poor, (2) Special protection for leaders against cursing, (3) Special [firstborn] gifts, and (4) Special gift for dogs: torn ("Treifa") meat. From the Gemara (22:30) Pesachim 22a - Rashi there says the torn meat is given to the dogs as a reward for being silent at the time of the Death of the Firstborn. [This is a big deal for dogs, who often depend on dead bodies for food, to ignore thousands of dead Egyptians in honor of Hashem's presence.] 4. Judging -- 23:1 to 23:9 Here judges are told to be fair but impartial, and to ignore invalid testimony. Also, the principle of following the majority is defined and limited here. A Time to Laugh (23:5) "...return it to him." "Why is the mitzvah of returning lost objects inserted in the laws of judging?" a congregant asked. Rabbi Shmoe said, "Sometimes a man outwits the judges, and gets some animal he's not entitled to. It's not stealing; the other person obeys the judges and hands over the animal willingly. But the animal, ah, the poor thing is lost, and must be returned..." 5. Shmittah and Holidays -- 23:10 to 23:19 Every seven years, one year is given to rest from the agricultural labor, and every seven days, Shabbos is given to rest from all labor. Three holidays, marked by agriculturally significant times, are mentioned, and laws relevant to each follow, concluding with the Issur of milk and meat (especially on Shavuos?). Rare and Unusual Words (23:13) "Lo Sazkiru". The implication in "zachor" of mention with speech is brought by Rashi, who brings the Issur of using a place of idol worship in speech, e.g. to set a meeting place [or give directions -ed]. (See Rambam, Avodah Zarah 5:11) 6. The Covenant -- 23:20 to 24:18 [End] Hashem explains the plan for traveling to and taking over the land of Cana'an, warning that the people stay away from the gods of those nations. Then, a covenant is executed, a 'conversion' of the Jews, accomplished chiefly by sprinkling the blood of a sacrifice on them. Then, after six days, Moshe goes up the mountain to get the rest of the Torah. Do You Remember? - from the files of On the Parsha 1. Why did Moshe wait 6 days before going up? 2. Where is the mitzvah to help one's wife? 3. What's the law if one steals from a thief? 4. What's the 'purity part of the altar'? 5. Why is it even more dangerous to oppress a poor person than a rich one?