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February 3, 2005

Parshas Mishpatim 5765

The Torah discusses much of the civil and tort law given at Sinai. The Torah juxtaposes these laws to the Ten Commandments to emphasize the Divine origin of our social obligations. The Jew's laws and ordinances are not based on human intellect or socially accepted norms, which change over the course of time. They originate from an objective, eternal source--the Creator of all mankind.

It is for this reason that when a dispute arises between two Jews they must go to a Jewish court, the Beis Din, for litigation and not to a secular court. Even if both courts reach the same conclusion, the decision of a secular court is based on intellect, whereas the Beis Din's decision is based on Torah.

The first discussion centers on the laws of the Hebrew slave. The idea of slavery seems repugnant to the modern mind. Yet the Torah's description of slavery leaves quite a different impression.

The concept of slavery generally refers to an individual who has stolen from his neighbor, and lacks the resources to repay what he had stolen. The court then sells the thief into slavery as a means of being able to repay the debt.

There are many restrictions placed upon the buyer. He must accept the responsibility of supporting the thief's family, since they lost their breadwinner for the duration of the servitude.

The master may not make any unreasonable demands of the slave, nor may he require him to fulfill any demeaning tasks. Furthermore, he must be treated like an equal, like any other fellow Jew; notwithstanding that he is in slavery as a result of his criminal behavior.

The slave may not be purchased for longer than a six-year period. In certain instances, the slave may elect, on his own, to stay longer than six years. Even then he could only stay until the Jubilee Year, which was celebrated every fifty years, independently of when the slave was bought. It is hard to imagine why a person would want to invest in such a venture. In the words of the Talmud, "A person who buys a Hebrew slave is buying a master for himself!"

The only logical reason for buying the slave must be out of a sense of compassion and responsibility, to help rehabilitate a fellow Jew who has fallen, both materially and spiritually. It is not difficult to imagine the positive influence resulting from living in such an individual's environment. This is the purpose of the Torah's form of slavery.

Distance yourself from a false word... (Ex. 23:7)

Rav Aharon Kotler would not allow a false word to leave his mouth. Once the Lakewood Yeshiva printed new stationery with an artist's rendition of the yeshiva at the top of the stationary. Rav Aharon noticed the artist had added a few trees in front of the building to the picture, to add to the aesthetic appearance. He told the office manager he could not allow the yeshiva to use the stationery because he felt it was a misrepresentation of the truth.

Did You Know...

One may not borrow an object from a friend without first asking permission. A mitzvah object such as a tallis or tefillin, however, may be borrowed, as we assume the owner would not mind. Even then, it may only be used in the area where the object was lying, such as in the synagogue. It is also necessary to fold them the same way they were found. If it was an object that could get ruined easily, one may not assume the owner wouldn't mind, even by a mitzvah object.

In a situation of life endangerment it is also permitted to borrow something without permission, such as a car to drive someone to the hospital, although he must pay for the gas. If no danger to life is present, one may not borrow anything without permission.