Parshas Mishpatim 5766

Commentary by Rabbi Ephraim Nisenbaum

---

According to the tradition, Moshe received all the 613 mitzvos with their details at Mount Sinai. This week’s portion discusses many of the civil and tort laws given at Sinai. The Jew’s social obligations are not based merely on human intellect or socially accepted norms which change according to the whims of time. They originate instead, from an objective, eternal source- the Creator of all mankind.

Furthermore, an ethical standard with a Divine origin will go beyond what one might expect from a socially accepted standard.

Several examples can be seen in the portion. When a person steals an object from his friend, he is obligated to pay double the value. If he steals an ox or a sheep, and sells or slaughters the animal, he must pay five times the value for the ox and four times the value for the sheep. The reason for the steeper penalty is because oxen and sheep were the mainstay of most people’s livelihood, and their theft is considered as destroying a family’s source of sustenance.

The Talmud explains the difference between stealing an ox and a sheep, because the sheep has to be carried home on one’s shoulders, which creates more embarrassment. To compensate for the added shame, he is charged a lower fine. Although the thief brought the shame upon himself by stealing, nevertheless he is still a human being and his disgrace must be taken into consideration. This is the Torah’s idea of sensitivity.

Showing proper respect to one’s parents is also emphasized. Wounding one’s parent is considered a capital offense. Even cursing one’s parents is considered a capital offense. The death penalty for cursing, however, is a more painful death than that for wounding. Normal logic would dictate that physical harm is more severe than emotional harm. The Torah does not agree. Harm caused by the tongue can be much greater and far-reaching than that caused by one’s hands, and this is reflected in the punishment.

Another example may be seen from the measures the Torah takes if one’s animal kills another human being. The animal itself must be put to death, and no pleasure may be derived from its carcass. Although obviously the animal cannot be held responsible for its actions, it must be killed to emphasize the sanctity of human life. A beast that has caused the loss of human life cannot be allowed to live.

The common theme through many of these laws is the unique sensitivity the Torah tries to train the Jew to show towards his fellow human being.

“…and he shall provide for his healing ...” (Ex. 21:19)

A sick man came to the Chazon Ish and confided that his doctor had given up hope of his illness. The sage suggested the man see another doctor. He explained that a doctor’s success in curing a patient is not necessarily related to his expertise. Rather, there is a Heavenly decree that a certain doctor will cure an individual, and that decree causes the success. Thus, if one doctor’s treatment is unsuccessful, there may still be a decree that another doctor’s treatment will have greater success. The Chozeh of Lublin once said similarly, that a doctor was only granted permission to cure the sick– not to decide whether or not they are beyond help.

Did You Know...

Although the Torah is quite emphatic about the importance of being truthful, there are certain circumstances where the truth may be exaggerated or even bent. It is permitted to exaggerate a little in the praises of the deceased in a eulogy, or in the praises of a young man or woman for the purpose of marriage. Because this is an accepted practice nobody is really fooled and it is not considered to be lying.

Similarly, in the course of business, a merchant may ask a higher-than-intended price, in order to encourage a buyer to bargain with him. He may even say that he will not take less than a certain price, knowing that he really would take less. Because this is an accepted practice, it is understood that the seller’s words were not intended literally, and it is not considered to be dishonest.