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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!