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January 31, 2008

Parshas Mishpatim 5768

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 that change according to the whims of time. They originate instead, from an objective, eternal source― the Creator of all mankind. An ethical standard of Divine origin will go beyond what one might expect from a socially accepted standard.

Several examples of this 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. A sheep will not always follow and must often be carried home on one’s shoulders, creating a measure of embarrassment. To compensate for this shame, he is charged a lower fine. Although the thief brought the shame upon himself by stealing, he is still a human being and his disgrace is also 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 of wounding. The reason for this is because 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.

“When you lend money to My people, to the poor person . . .” (Ex. 22:24)

A great rabbi showed Rav Elya Chaim Meisels the Rav of Lodz, his scholarly work. In the time-honored manner, the two began to debate some of the issues discussed in the book. The author was very impressed with the Rav’s keen insights and he urged Rav Elya Chaim to publish his own Torah thoughts, thus bringing glory to the Torah.

Rav Elya Chaim removed a large ledger from his desk. Hundreds, perhaps thousands, of names were recorded on the pages; names of indigent people who had borrowed money from the Rav, and names of people from whom the Rav had borrowed money in order to lend to others. “My time is consumed with writing this book,” he said, “And I think this book brings the greatest glory to G-d and the Torah!”

Did You Know...

A person must be careful not to damage another person’s property. A person is liable for damages, even if it was done accidentally. There is a question among the authorities whether it is permissible to damage someone else’s property in order to save one’s own life, for example to break down a neighbor’s door in order to contact an ambulance. The Shulchan Aruch rules that one may do so, however he is obligated to reimburse the damages. Nonetheless, even if one knows that he does not have the money to be able to reimburse the damages, he may still cause the damage in order to save his life.