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The Prism of Truth – Parshas Mishpatim 5773

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Posted by Rabbi Yosef Tropper
February 8th, 2013
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Moshe was commanded by Hashem to ascend the Mount Sinai to receive the Torah. The verse (Shemos 24:12) states, “… come receive the Tablets…. and the law and commandments which I [Hashem] have written, l’horosom, to teach them [the Jews].” There is much redundancy here. Obviously if Moshe is being given the Torah it was meant for the purpose of teaching the Jews?

Torah Law

Rabbeinu Bechaya analyzes the word ‘l’horosom’ by stating that the word is comprised of the letters: lamed-hey-vav-reish-tuf-mem. The middle four letters spell out the word Torah while the first and last letters equal seventy. This hints to the fact that Hashem gave over all of the Torah to Moshe and that there are “seventy faces to Torah (Midrash Osiyos D’Rebbe Akiva).” This concept is vital for understanding Torah and that is why it is hinted here. Let us explain what these seventy ways are and how they operate.

Diverse Explanations

We find many arguments in the Talmud that seem to present conflicting opinions. How can they be reconciled? The perspective that we have is that there are various ways to look at each topic and as long as the proper rules and guidelines of Torah scholarship are utilized to get to the conclusion they are each valid. It is true that in practice we can often only follow one opinion, however, in theory and in Torah knowledge there is a lesson from both opinions. Torah is the light that shines through the prism of truth; there are multiple avenues that emerge but they all emanate from the same source.

New Year

One of the places that we find a dispute is regarding when did Hashem create the world? The Talmud in Rosh Hashana states two opinions: In Tishrei (like how we celebrate Rosh Hashanah each year) or in Nissan. Tosfos asks how could they both be right, they are arguing about a fact? Tosfos explains that in truth God decided to create the world in Tishrei in His mind (these are terms meant for our understanding but do not reflect God’s essense) but in practice He didn’t actually create the world until Nissan. Why then do we celebrate Rosh Hashanah in Tishrei? Because when God first decided to create the world it was with the thought of din, judgment, and thus it is a fitting time for judgment. The Ben Ish Chai points out that this is why on Rosh Hashanah we state, “hayom haras olam, today the world was conceived.” Tishrei was the figurative pregnancy of the world in God’s mind so to speak and Nissan, the month of redemption and Exodus was the birth of the world. Thus both opinions are valid.

Tefillin

A most famous controversy revolves around Tefillin known as the Rashi versus Rabbeinu Tam dispute. The poskim follow Rashi and some are strict and don that of Rabbeinu Tam as well. What is their dispute? They all agree that four exact parshios were written in the Tefillin, the debate is solely about the order of how they are placed. Rashi held that the order is: Kadesh li (Shemos 13:1-10), Vehaya ki yeviehcha (Shemos 13:11-16), Shema (Devarim 6:4-9), Vehaya im shemoah (Devarim 11:13-21). Rabbenu Tam held that the last two passages were switched and that the two Vehaya’s were in the middle together. Firstly, it must be explained that this debate did not originate with Rashi and Rabbeinu Tam, it existed from the day that the commandment to don Tefillin was stated. Secondly, there is a fascinating sefer called Shailos u’teshuvos min hashamayim written by an early rishon who claims to have asked questions from Heaven and recorded the answer. There he writes that he was told that the correct version of Tefillin is that of Rabbeinu Tam! How is this to be understood?

The Aruch Hashulchan (Hilchos Tefillin) explains based on the Zohar that when the two parshious of Vehaya are next to one another this represents the unity of God as there is a bond between Vehaya im shamoah- listening to God, and Vehaya ki yiviacha- being brought by God to the promised land. This represents the time of Moshiach whereas in Rashi’s pair the two parshios of Vehaya are interrupted which represents exile and the state of the Jews not following God’s word correctly. Thus, in this world we wear the Tefillin of Rashi, but the optimal world, that of the Messiah will be the pair of Rabbeinu Tam, when the ultimate Greatness of God will be revealed to the world. Thus, we see that when we delve into the laws of Tefillin there is no contradiction at all. The seventy faces of Torah are seventy approaches which each express an infinite truth.

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World’s Greatest Doctor – Parshas Mishpatim 5772

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Posted by Rabbi Yosef Tropper
February 12th, 2012
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This entry is part 15 of 45 in the series Torah Sweets Volume 4

A most vital Jewish axiom is expressed in the words of our Parsha. The verse tells that if two men are fighting and one strikes the other and inflicts a wound, he must pay for the doctor bills, “Virapoh Yirapay, He must surely heal him” (Shemos 21:19). The Gemara in Bava Kama (85b) learns from these words: “From here we see that one is permitted (and required) to go to a doctor to be healed.” Rashi (1040-1105, ad loc.) explains: “We do not say that inaction is required because Hashem is the One that inflicted this person with a medical issue and Hashem will be the One to cure him on His own.” Rather, the one who inflicted the damage must pay for a doctor to treat the patient.

It is a fundamental Jewish understanding that when one is in need of medical attention he or she pursues all earthly venues to receive the best treatment. Doctors are messengers of Hashem to bring about healing. The Chofetz Chaim brings out the powerful lesson inherent in Rashi’s words. How can Rashi call the case of the verse to be one of “Hashem inflicting the person with a wound.” The two men were fighting and one punched the other, where is the Divine Hand here (literally)?

The answer is that all that happens to a person is decreed by Hashem. Any pain or joy that comes to a person is precisely accounted for. No one can bestow any good or any harm on anyone else without Hashem’s approval. Hashem uses the conduit of good people to bring out good things in the world and He uses evil people to bring out bad things into the world. The man who got punched and damaged was decreed in heaven to suffer that pain, regardless of how it would be carried out. The man who threw the punch was the conduit for that job. He is not innocent though, for he has freewill; he did not have to be the messenger to carry it out, and thus he will be punished from Hashem for his actions and he must pay for the medical bills accordingly. But the point here is that no one has anything transpire in his or her life without Hashem’s decree. Now, if someone, Heaven Forbid, does get hurt or is suffering from an illness, he or she is required to pursue medical treatment.

The Chofetz Chaim zt”l points out a most beautiful observation here. When Hashem describes that He brings healing to us, it states, “I am Hashem, רֹפְאֶךָ (Rofechah), your doctor (Shemos 15:26).” It is written with a Fay Rafah, a Soft Letter Fay and only one letter Fay. When a human medical doctor is discussed in our Parsha, it states, “ וְרַפֹּא יְרַפֵּא(Virapoh Yirapay), He shall surely heal you” (Shemos 21:19). The letter Pay is used in Hard Dagush (stressed with a dot) form and appears twice. This contrast expresses that when Hashem heals someone, it is effortless and speedy, like a Soft Fay; when a doctor attempts to heal someone, it can often be lengthy, challenging and with much effort and strain, represented by the Pay Dagush, Hard Pay and its repeated appearance.

This is why we pray in Shmoneh Esrei, “Rifainu Hashem V’neirafay, Please You heal us Hashem and we will be fully healed.” Both words contain the Pay Rafah. We also state in Asher Yatzar, “Rofay kol Basar, U’mafli La’asos, You [Hashem] heal people in a wondrous fashion.” May Hashem protect us and send a speedy recovery to all those in need.

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Holy Laws – Parshas Mishpatim 5771

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Posted by Rabbi Yosef Tropper
January 26th, 2011
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This entry is part 18 of 46 in the series Torah Sweets Volume 3

The first Rashi in our Parsha has always caught my interest to strive to understand his words. Parshas Yisro talks about judging Jewish law and the Mizbeiach, the Altar, and Mishpatim talks about laws. The connection implies that the Jewish Supreme Court should be located near the Mizbeiach in the Beis HaMikdash. What does this mean and why is this so important to be hinted to now?

Laws and statutes are a universal proponent of society. In fact, both Jews and non-Jews are expected to abide by dinim, laws, as it is one of the seven primary Noahide responsibilities. However, a close look at the construct of the Jewish laws will show their difference from secular laws. Most secular laws revolve around the premise of selfish motives and personal rights. Laws focus on my own freedom to say, think and act in any way that I chose, and you can’t stop me. I can do as I please. However, this right may cause me danger if it were to be extended too far by someone else as it would imply that anyone could do crimes against me. Thus in order to protect myself, I agree that it is illegal to murder, steal or hurt others. This is the state which Pirkei Avos (3:2) describes, “without man’s fear of the court’s punishment, one would swallow his friend alive!” The greatest motivation for some people is that of understanding that they will be jailed for hurting others.

The Torah’s laws may occasionally seem to overlap in what is called for, however, its essence is from a totally different perspective. The Torah focuses on man’s responsibility towards others. “Love your neighbor as yourself.” Seek peace and find ways to help others. This is an entirely different approach. This stark difference imbues the Torah laws with sanctity and greatness. Following the Torah is not just a last ditch effort to produce a functional society, rather, it is the underlining altruistic plan for creating caring and productive people. The Torah brings perfection to the entire world!

Just as the Beis HaMikdash was a holy place, so too it was most apropos that the Jewish court should share that sacred space and goal of perfecting the world in a spiritual and altruistic way. This is the most important introduction to learning the entire set of Jewish laws set out in our Parsha. We must recognize the holiness of the Mitzvos!

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The Order That Is Not – Parshas Mishpatim and Shekalim 5770

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Posted by Rabbi Dovid Boruch Kopel
February 12th, 2010
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The gemara in Pesachim says a general ruling that “אין מוקדם ומאוחר בתורה”, there is no before and after in the Torah. This means that the order in which the pasukim are written in the Torah is not necessarily related to the sequential order. It is clear that the gemara has to say this rule because had it not been said it would not have been known. The intention of the gemara wasn’t to say that every pasuk in the Torah is not related to the sequential order, rather that there can be times that they are out of order.

It seems odd to ask, but why does the Torah normally write things in the sequential order? I have heard from Rav Shmuel Yaakov Weinberg Zt”l the former Rosh Yeshiva of Yeshivas Ner Yisroel of Baltimore say very enthusiastically that the Torah is not a history book! My understanding of his statement was that the Torah isn’t simply a record of all that had happened to the Jewish People like a history book. It serves a greater purpose than recording history, it is the past, present and future. The Torah is the blueprint from which the World was created. In that case…why is it important that the Torah be written in sequential order to the extent that the gemara must state this rule that it is not always in that order.

Perhaps we can understand this idea through delving in deeper. What would be the “inspiration” of the Torah to change the order from sequential order to non-sequential order? It must be that there is something that can be learned from this order more than had it been in sequential order.

Every letter in the Torah is divinely positioned, with every single letter in mind. That means that the impact of one letter in a pasuk in Sefer Bereishis is affected by the letter in a pasuk in Sefer Devarim. Every pasuk has a connection to the preceding and following. Each pasuk also relates to the pasukim found in the same parshah. There is even a relationship between opposite pasukim, meaning the first pasuk and the last pasuk of the Torah, as well as the second and second to last. Everything is connected and blended together in an infinite web.

After thinking about that perhaps the sequential order is less relevant, or is it more relevant? While the Torah has all of its deep connections. It also has the simplest understanding. The Torah is said to be in “לשון בני אדם” or the language of people. That means that the simple understanding of the pasukim should be clear as well.

One of the things that many commentators discuss at each parshah as to how the end of the previous parshah relates to the beginning of the current parshah. There is often an explanation as to how the two are connected or how an element from one is learned to the other. Even when we learn an element from one to the other, there should still be an explanation that flows in the simplest fashion.

There is a discussion among many as to the order of Parshas Mishpatim. Rashi says that from the pasuk “ואל משה אמר עלה אל ה’” in perek twenty-four up until the end of the parshah actually occurred prior to Matan Torah. The Ramban quotes Rashi and strongly argues with him bringing several proofs to support his opinion. Without getting into the details of that discussion let us look at its outcome. According to Rashi who holds that in fact the pasukim found at the conclusion of Parshas Mishpatim did occur prior to Matan Torah, in that case the question must be asked as to why would the Torah place this parshah here.

There is another discussion among the Rishonim which is in fact rooted in two different statements of the Chazal one from a Midrash, the other from a Zohar. The Midrash understands that the Chet HaEgel came prior to the obligation of the Mishkan (found in the beginning of the next parshah, Parshas Terumh). While the Zohar understands that the obligation came prior to the Chet HaEgel and the construction of it followed.

If we follow the opinion of Rashi throughout who follows that of the Midrash, then directly after the laws of Parshas Mishpatim comes the Chet HaEgel then the obligation to make the Mishkan. Where as the opinion of Ramban who follows the opinion of the Zohar then there are the laws of Parshas Mishpatim then the end of the parshah with Na’aseh V’Nishma. Following that is the obligation of the Mishkan then the Chet HaEgel.

I am strongly convinced that these two disagreements are really one. According to the Ramban the Mishkan is a continuation of the kavod that was before Klal Yisroel on Ha Sinai. I want to interject and say over what Rabbaynu Bachiyah says in the beginning of Mishpatim to help explain what the Ramban says here. Rabbaynu Bachiyah says that Adam HaRishon was obligated in six mitzvos. Came Noach and a seventh was added, Ever Min HaChy. Came Avraham Avinu and an eighth was added, Bris Milah. Came Yaakov Avinu and a ninth was added, Gid HaNusheh. Came Klal Yisroel and they were given the Aseres HaDibros. Now we can continue to explain the Ramban, as he says that Klal Yisroel were given the Aseres HaDibros then the Torah began to go back and teach all of the mitzvos and they accepted them with great happiness and they made a bris. Then Moshe Rabbaynu went and wrote down all the laws and read them to Klal Yisroel following another bris. It was then that Klal Yisroel said Na’aseh V’Nishma. At that great level Klal Yisroel progressed from the six, to seven to eight, to nine, to ten, and then they accepted the whole Torah upon themselves. That accepted in bris brought about the obligation of the Mishkan.

Now we have to remember that Rashi understands that entire sugya completely differently. Without dealing with the questions that the Ramban asks on Rashi and the very fact that the parshiyos are out of sequential order, Rashi’s explanation can be simpler. The Mishkan came as a result of the Chet HaEgel and provides Klal Yisroel with a tikkun for their sin. Due to this explanation we could understand as to why Rashi is forced to say that the parshiyos are out of order. He sides with one of the opinions of the Mechilta and learns that the Aseres HaDibros followed Na’aseh V’Nishma.

If we look at the parshah of the Chet HaEgel in Ki Sisa it begins with the parshah of Machtzis HaShekel, the money that every man must give for the Avodas HaKarbonos. It is also the beginning of Parshas Terumah which deals with the money for the construction of the Mishkan. There is of course a connection between the Chet HaEgel and the Machtzis HaShekel. Perhaps the connection is as simple as the pasuk says the money will “לכפר על נפשתיכם” or atone for their souls. According to Rashi we can that Parshas Mishpatim is also associated with kaparah. Rashi learns that the conclusion of Mishpatim actually came prior to the Asers HaDibros and that the Chet HaEgel came following the laws of Mishpatim. Therefore we can see that there a connection between Mishpatim and Shekalim.

Another connection between Mishpatim and Shekalim is the word שקל and the word שוקל. To shokel is to weigh. That has a great deal to do with logic and making decisions. That is also a connection between אוזן, מאזנים or ears and a scale. The Mishpatim are mainly based on logic and in practice are judged according to logic. At the same point in time the chukim are completely beyond logic. Giving the Machtzis HaShekel is a way that Klal Yisroel protects themselves as well as heals themselves from their mistakes. We are not perfect in our judgment. We do not always correctly weigh the situation. At the same time the responsibility is upon us, as the Baal HaTurim says, that the five words in the first pasuk of Parshas Mishpatim is to say that all that make a true judgment it is as if the Chamishai Chumshai Torah were kept. This is how far the mishpatim extend. Perhaps we can see by virtue of the fact that the Chet HaEgel was said to occur after the mishpatim according to Rashi, maybe the Torah is emphasizing that not only the Aseres HaDibros but all of the Torah must be kept.

This Shabbos as we hear the kriah of Parshas Shekalim we should try to keep in mind that we are obligated to give the Machtzis HaShekel, that means that we must constantly have Avoda on behalf of the tzibbur. Today, we don’t have that same avoda. From the destruction of our great and holy Beis HaMikdash we lost that chance. Now everything is found within our Arbah Amos Shel Halachah, that is our mishpatim. Through constant Shmiras HaMitzvos we can bring about our mishkan. As the gemara in Berachos quotes from the pasuk,  בכך מקום אשר אזכיר את שמי אבוא אליך וברכתיך or in all places that you mention my name I will come and bless you. This is through our learning Torah! If we are ידבנו לבנו then we will have ושכנתי בתוכם!

May this Chodesh Adar be filled with a knisah of simchah. With a constant Makom Schinah. With a new Kabbalos HaTorah with simchah and ahavah May this Adar be the one that we merit to sweeten the bitter void of Amalek and truly obtain the greatness of Kimu V’Kibloo as we usher in Meshiach Tzidkaynu as he is closer than ever!

Parent’s Balance – Parshas Mishpatim 5770

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Posted by Rabbi Yosef Tropper
February 11th, 2010
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ומכה אביו ואמו מות יומת. וגונב איש ומכרו ונמצא בידו מות יומת. ומקלל אביו ואמו מות יומת (כא:טו-יז).

“One who hits his parents will be put to death. One who kidnaps and sells the victim will be put to death. One who curses his parents will be put to death” (21:15-7).

The early commentators are perplexed by the order of these three verses. Why not just finish the laws of transgressions against one’s parents instead of interrupting them with the laws of a kidnapper?! (See Ramban). There are many answers offered.

One of the most powerful answers which I have heard is from Rav Shimon Schwab zt”l. He states that the Torah is hinting to a very important lesson in Chinuch, Jewish education.

Parents care tremendously about their children’s success and well being. Sometimes this causes them to develop an overly protective and controlling approach towards their child. The child detects this and harbors much resentment. The goal of Chinuch is to be a guide for the child while allowing him to develop in his own special and unique way. To help him believe in himself and to empower him to strive towards becoming the most effective person he can be.

The verse is hinting to us that the cause for children to God-forbid begin hitting or cursing their parents is precisely because of their feeling of being kidnapped. If a child feels trapped and abducted by his parents he may lash out in these inappropriate ways.

The Torah is stressing to us the importance of allowing our children to develop according to their own individualistic strengths with the proper balance of guidance, encouragement, love and most importantly, independence and self-discovery. This way there will be mutual love, peace and success in the household!

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Talking Tefilla – Parshas Mishpatim

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Posted by Rabbi Yehuda Spitz
February 11th, 2010
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Talking Tefilla
Understanding Prayer through the lens of the weekly Parsha
Parshas Mishpatim
By Mrs. Miriam Spitz

One of the questions that is often asked about Tefilla relates to the idea that we have the challenge of connecting with Hashem through the medium of an established Prayer Service.

In other words, if it’s all about the relationship, then why can’t I daven in my own words, whenever I feel like it?

The truth is of course – we can! And, as women, we excel in talking to Hashem informally – whenever we want to connect. But there still is immeasurable benefit in davening with a siddur, using the Tefillos transcribed by the Anshei Knesses HaGedolah with Ruach Hakodesh. Why is this so?

The building blocks with which Hashem created the world were the letters of the Alef Bais. This is most beautifully hinted to in the first passuk of the Torah:
“Beraishis Bara Elokim Es Hashamayim V’Es Ha’aretz”
The word “Es” is made up of the letters Alef and Tav which symbolizes the fact that the letters of Loshon Hakodesh were tools in the creation of the world, and therefore contain intrinsic holiness. Imagine the infinite power that can be harnessed by davening specifically in the Hebrew original text!

But why all the highly structured and strictly defined restrictions and obligations? Aren’t my feelings of love for and closeness to Hashem enough?

Perhaps we can understand the answer by examining some elements of this week’s Parsha – Parshas Mishpatim.

Remember last week, Parshas Yisro? Remember Hashem coming face to face with us and revealing himself to us with the ethereal thunder, smoke, lightning and shofar blasts, and our answer of “Naaseh V’nishma” which established us as an eternal nation? Now, as He comes to reveal to us His will, what spiritual, inspirational messages does He have for us?

And the answer is, directly after Parshas Yisro comes Parshas Mishpatim! Strange as it may sound, the “mishpatim” are laws that deal with mundane daily living, like the laws of how to treat your servant, and the punishments for murder, kidnapping and bodily harm. Don’t forget the laws of monetary damage incurred by your ox goring your friend’s!

One second! Hashem, You just revealed Yourself to me! I feel such a deep spiritual bond with You! I want to cleave to You and fulfill Your will in this world with this amazing closeness I feel to you! Why do You want to talk about these mundane, even distasteful things?

What’s the answer? “Spiritual feelings” don’t last. Inspiration, by definition, is transient. What does last? Framework, structure, and clearly defined boundaries.

We now understand a deeper connection between the parshiyos of Yisro and Mishpatim. An eternal Mattan Torah must be followed by “mishpatim!” Inspiration serves an essential purpose, but for it to endure, it needs to be concretized into action. “Feeling closeness” is wonderful! But it’s a first step. The next one is to turn it into something practical – growth in our Avodas Hashem.

And now we can answer our original question. Davening to Hakadosh Barch Hu with our desire for closeness to Him and our feelings of love for Him is vital! Yet there is enormous benefit in utilizing the framework established by our Chazal and saying the words from the siddur that they established, in Loshon hakodesh.

Through a deeper appreciation for tefillah may we be zoche to come closer to Hashem.

Wife Not Slave (Parshas Mishpatim)

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Posted by Rabbi Yosef Tropper
February 9th, 2010
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There are two verses juxtaposed in the beginning of Parshas Mishpatim which seem to have nothing to do with each other. First the verse states the laws of one selling his daughter as a Jewish maidservant. The following verses discuss the topic of disputes between people. What’s the connection?

The Tanna D’Vey Eliyahu Rabbah (21:2) makes the following statement based upon this advent: “when you have a maidservant in the home, there are fights!”

I interpret this homiletically. When one treats his wife like a Queen, then there will be peace and harmony. However, if one treats her as a slave, there will be great discord and suffering.

A Rav once told a young man the secret to a successful marriage. If you treat her like a maidservant, then by extension, you are married to her, and maidservants marry slaves. If you treat her like a Queen, then you as her husband must be the King!

Simple equation, profound observation!

Being Free Through The Laws – Parshas Mishpatim 5769

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Posted by Rabbi Dovid Boruch Kopel
February 20th, 2009
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When it finally happened, we were taken out of the land of Egypt ending our slavery. In exchange for freedom we accepted upon ourselves the yolk of the Will of Hashem as our savior we are eternally thankful to Him. As if it were not enough that He created us selflessly, He also gave us purpose to the alternative – utter waste. We are given the Torah accepting upon ourselves to live our lives through the Torah. Now we come to the laws, the enumerated details of what exactly this life entails.

The parshah begins ואלה (lit. And these), Rashi brings down that the word אלה retracts the previous. ואלה comes to add on to the previous topic. Several Midrashim say bring reasons to the placement of this parshah in reference to the acceptance of the Ten Commandments in the previous parshah. The ideas of the Alter being next to the Sanhedrin as well as the concept goes along with this. That is of course true but it is not the answer to the deeper question of what is the addition to the previous parshah. Rashi notes the Mechilta that tells us that just as the laws that were just mentioned are from Sinai so too are these laws. There is an obvious break in the end of the previous parshah from the beginning of the seventh aliyah. The Torah concludes the transmission of the Ten Commandments with the request of Klal Yisroel that Moshe speak to them not Hashem Himself. The Torah then seems to bring in additional laws that are directly related to their receiving the Torah, as the pasuk says “כה תאמר אל בני ישראל אתם ראיתם כי מן השמים דברתי עמכם” (Thus you say to the children of Yisroel they who saw, because from the Heavens I spoke with them). The beginning of our parshah is not only related to the previous pasuk regarding the Alter, but even to the receiving of the Torah as well.

We can begin to understand this connection with the great wisdom of the Rokaiach. He says that we find that Seder Nezikin which are the laws of Mishpatim to contain ten tractates. In fact the first three tractates which comprise the majority of the teaching of Nezikin each contain ten chapters. There of course is no coincidence that the number ten binds these together. We see another connection like this from a deeper look into a midrash. There is a Midrash Sh’chem that says that Hashem weighs the Ten Commandments equal to the Mishpatim. Says the midrash, just like there are ten commandments that are independently obligated, by the laws pertaining to da’yanim there are ten positive obligations and ten negative ones. Therefore we see that these laws are dear to Hashem like the Ten Commandments. In fact the spelling of the letter yud is twenty (that is יו”ד, the י is ten, ו is six, ד is four, being twenty). The pasuk ואלה המשפטים is the source of basis of the laws of judgment. The vuv which is the connection that adds on from the previous parshah, the gematria of וא”ו and the twenty mitzvos of da’yanim is twenty-six which is the same as Hashem. The Ramban says that the pasukim directly following the parshah of the Ten Commandments is linked to each of the commandments. The first of the ten is אנכי ה’ אלקיך which he says is the obligation of knowing Hashem, the second being the prohibition of idolatry. The Ramban says that the first pasuk כה תאמר אל בני ישראל אתם ראיתם כי מן השמים דברתי עמכם is connected to the mitzvah of אנכי ה’ אלקיך, the pasuk ולא תעשון is connected to the mitzvah of לא יהיה. Lastly the pasukim of ואלה המשפטים are connected לא תחמוד because if a person fails to realize that there is mishpat he will think that something that is not his should be. Then later on in parshas mishpatim we detail the laws pertaining to Kibud Av, Ritzichah, Adultry. This is clear from the midrash that כל התורה כולה תלויה במשפט. This thought of the Ramban extends the idea that we are explaining. It is clear that the nature of the mitshpatim represent the entire Torah, as do the Ten Commandments.

The Baal HaTurim brings down several wonderful notrikoon on the first pasuk that are worth thinking about, not that my approbation is needed. The last three words of the pasuk אשר תשים לפניהם, is gematria דקדוקי התורה ודקדוקי סופרים. Additionally there are five words in the pasuk which means that every da’yan judges truth just as the Five Books of the Torah, and it is as if Hashem had a partner in the creation of the world. Note that the world was created with the Asarah Mamaros, which are connection to the Ten Commandments. The greatest truth and power of justice is given to dayin, as he makes the Torah clear. The gemara in Eruvin presents a series of questions: asks R’Akiva, where is it known from that one is obligated to teach their students until they learn? As it says ולמדה את בני ישראל (Dev. 31 19). And where that up until it must be coherent before them? As it says שימה בפיהם (ibid.). And from where is one obligated to להראות לו פנים? (Rashi explains that to mean the explanation of what he learns). As it says ואלה המשפטים אשר תשים לפניהם. That is to say לפניהם (before them) so that it may be put in front of them like a set table. The Chazal also learn that לפניהם means before them (Bnai Yisroel) and not the other nations. It the mishpatim, as opposed to the chukim which are supposed to be clear in front of us. We can learn a marvelous thing from this! The Ramban we brought in earlier says that the mishpatim here are all found in the Ten Commandments (not just found but even represented) when Chazal learn that the idea of clarity of thought in the learning of Torah is found in this pasuk it must mean that is also true in אנכי ה’ אלקיך. This idea deserves its own discussion but the idea of realizing the existence of Hashem is something that must be worked on just like the mishpatim in this parshah. Not to say that אנכי is a mishpat, it isn’t. To tell us that we can understand the yolk of the Torah with that clarity.

We still need to explain the connection between the first pasuk and the subject of Eved Ivrai. The Rokaiach points out that we have the Ten Commandments prior to this parshah. We accepted the yolk of the Torah with aspiration to know who is Hashem. We made Hashem our Master, therefore a slave should not be a slave of a slave, rather under his Master. As the pasuk says כי לי בני ישראל עבדים and not slaves of slaves. The parshah of Eved deals with his freedom after six years. Additionally the Jubilee Year, that of every Fiftieeth year. The parshah also deals with mitzvah of Shiviyis which is ceasing work of the fields in the seventh year. The parshah also mentions the mitzvah of Shabbos, also on the seventh day. These innyunim all deal with the seventh being the time where we have freedom. Freedom of physical strain, from the burdens of slavery, both to the physical and to one’s debts. Eved Ivrai no longer is fully an Eved Hashem but and Eved Shel Uvudim, that means that he works for the middle man. In another understanding it is also that he becomes enslaved by his physicality. He loses sight of who he is and what defines his life. That is why a nirtzah is obligated to be pierced in his ear as a sign that he has obstructed is vessel for accepting the Will of Hashem. The gemarah we brought before from Eruvin that describes the obligation of making the Torah clear is a connection to this innyan. Such a clarity would protect a person from ever becoming an eved (from theft), additionally chas v’shalom such a thing were to happen he would be able to still be guided by the Will of Hashem. The Torah presents certain parshiyos in the Torah so that we may be able to overcome them. They are all here for our benefit; to grow from. We should all be able to take our avdus under the great Master of Hashem and be zocheh to יצא לחפשי חנם, where we are not under the control by our yetzer ha’ra only an Eved Hashem!

True Gratitude – Parshas Mishpatim 5769

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Posted by Rabbi Yosef Tropper
February 19th, 2009
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ואנשי קודש תהיון לי ובשר בשדה טריפה לא תאכלו לכלב תשליכון אותו (כב:ל).

“You should be a holy People; flesh in the field that has been torn you shall not eat, rather you shall throw it to the dog” (22:30).

At first glance, the verse seems to be simply commanding us to give our prohibited carcasses to a dog. However, as with all Torah content, when we look deeper, a beautiful message emerges!

The Da’as Zikaynim Mi’Ba’alay Ha’Tosfos sheds new depth and meaning to the message of our verse. He fills us in as to the background story behind what has happened here. What is the connection between torn animals and dogs?

When people own flocks of sheep they allow them to graze in the fields. However, the wolves lurk in the meadow waiting to devour their prey. In order to ward off these threatening attacks, the shepherds are accustomed to bring watchdogs which scare away the wolves and protect the flock.

What happened here in our verse is that some of the wolves penetrated the dogs and tore up a few sheep. Before havoc broke loose and the entire flock became a grand feast for the wolves, the situation was brought under control and the wolves were chased away. The shepherd is obviously very angry, for he has lost a few sheep in the process. Human nature dictates that he is now upset and furious with his watchdogs. He will point the blame and brunt of his frustrations upon the dogs! So the verse comes along and tells him at this point to do just the opposite, give the torn animal casualties to your watchdog as an expression of gratitude! The lesson being: don’t forget to acknowledge all the help that he has provided you with in the past and for the many other sheep which he has protected. Don’t let this small loss that befell you today, wipe away any trace of your gratitude which you should have for the past services he has done for you. Rather, give this dog the carcass and say thank you!

Thus the verse is now clear in its’ reading.

“Do not eat a torn animal,” that was lost during the wolf ambush which your watchdog couldn’t stop.

“Rather, give it (precisely) to your dog,” as gratitude for all of the past help which he has provided for you!

How often do we get annoyed at a friend’s bad habit or distasteful comment, forgetting about all the help and positive contributions which he provided us with in the past!

In our interaction with Hashem, the Mishnah (Berachos 54a) tells us “give thanks for the past, and pray for the future.” Before we call for Him to help us out of our troubles, we must first thank Him for all of the good He has provided us with in the past.

The message expressed is one, one should take care not to let the bad things make one forget all the good things. One who focuses on all of the good that others do for him will find the world a very pleasant and wonderful place to be!