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THE WEEKLY PARSHA

MISHPATIM

[ Dvar Torah ] [ Passages on Prayer ]
[ Stories of the Sages ] [ Education ]

(Taken from a weekly publication of Hammaayan Institutes.
Translated by Rabbi Shabtai Teicher)

THE WEEKLY PARSHA
"And these are the statutes which you will place before them" (Exodus 21:1). Concerning the Hebrew word for the term "before them" Chazal said that G-d told Moshe not to think that he can teach the people a law or chapter of the Torah two or three times until they are accustomed to recite it, and that is enough. He should not think that he does not need to trouble himself to make sure that they understand the "reason" for it. Rather, he should place the statutes before them like food on an arranged table (shulchan aruch), ready for people to sit down and eat.

What was on Moshe's mind that G-d had to warn him about this matter?

The Chidushei Harim explained that the implication of this statement by Chazal concerns the laws of Choshen Mishpat -- that part of the Code of Jewish Law which deals with civil and monetary adjudication. A person should not think that these laws are merely earthly rules for conduct in society, whose purpose is only the optimum ordering of people's relationships to each other.

However, every child knows that the mitzvot of Shabbat or circumcision penetrate to the deepest level of creation and G-d's manifestation in the world. In this respect, these laws of civil and monetary affairs dealing with theft, damages, loans, business and the like are exactly the same.

Moshe did not want the people to think that these monetary and civil laws were based on human logic and intellect. That is why he wanted to present the laws to them without their reasons, as a sealed code. However, G-d informed him that it was more proper to place the laws before them with their reasons, like a spread table; and He assured Moshe that the people would not fall into error as a result of it.

Chazal also said something about this verse along the lines of Moshe's thinking. "And these are the statutes that you shall place before them." Wherever it is written in the Torah the word "These...," it means a nullification of the subject which appeared before it. However, if it is written "And these...," then the intention is to add to what appeared beforehand. In this case the Torah is informing us that just as the subject which appeared beforehand (The Ten Commandments) came from Sinai, so also these laws and statutes come from Sinai.

It is the nature of a person to relate to money matters as something material and optional which is not strictly controlled by religious law. He will not tend to see it as something spiritual, holy and involving the Will of G-d. Consequently, in monetary adjudications, whenever one person is obligated by the decision of the judges to pay a sum of money to another person, he will regard it as troublesome, painful and a loss of money for no reason. Therefore, Chazal said to us that just as the first group of laws (The Ten Commandments) are from Siani, so also these monetary and civil laws are from Sinai.

If you need to pay a worker his daily wages, then know that it is a mitzvah just like sounding the shofar on Rosh Hashannah or shaking the four species on Succot. "Paying a debt is a mitzvah," the Talmud teaches. Paying damages or guarding yourself from damaging other people's property are commanded to us by G-d. The prohibition not to steal is the same as the prohibition not to eat forbidden foods.

"Who will ascend to the mountain of G-d, and who will stand up in His holy place? One who has clean hands and a pure heart..." (Psalms 24:3-4). There is no difference between a person who misappropriates the property of another person or one who misappropriates the property of the Temple. Indeed, the warning about monetary transactions between people takes precedence in the verse. In the same way, the 15th Chapter of Psalms describes eleven stipulations for the one who will dwell in the tent of G-d and reside upon His holy mountain. Nearly all of them concern monetary relations between man and man. It is through these that true closeness with G-d can be attained.

THE PRAYERS OF OUR MOUTH

The Rosh Yeshivah of Chevron, Rabbi Yechezkiel Sarna, kept a private note pad. A note was found written there, from the time that he was hospitalized in Switzerland, in Elul 5712 (1952).

"Every illness has a spiritual cause. Therefore, it is possible that a person can be physically cured of some illness by virtue of some merit. However, the spiritual cause of the illness will not be cured. This is called "a cure without salvation." He will likely get sick again because of the spiritual cause.

"Consequently, in our prayer we ask, `Heal us, G-d, and we will be healed; save us, and we will be saved....' In other words, together with the physical cure we also want the spiritual salvation."

In the continuation of the prayer we say, "...Because You are G-d, the King, the faithful and merciful healer."

It could be asked how is this praise distinctive of G-d? A doctor of flesh and blood can also be faithful and merciful.

However, a human doctor cannot be a faithful healer and merciful at the same time. If he needs, for example, to perform surgery upon the patient, then the patient will be afflicted at the time of surgery with great pain and suffering. On the other hand, if the doctor has mercy upon the patient at that time, he would not be performing his job faithfully. If he concentrates upon the benefit of the patient, then he must disregard the suffering and pain of the person who needs the cure.

However, G-d can perform both activities at the same time!

(Tosefet Brachah, by the author of Torah Temimah)

STORIES OF OUR SAGES

"...Assist him" (Exodus 23:5, see Rashi there).

One of the students of Rabbi Natan Tzevi Finkel (the Slobodka Zeide) told the following story.

Shortly after I married, Rabbi Natan Tzevi asked me if I was helping my wife in the house on the eve of Shabbat during her preparations for the holy day?

I answered that I certainly was! Even our sages were accustomed to help their wives prepare for the shabbat, as it is recorded in the Talmud (Shabbat 119). If their was an animal head to be cooked, Rav would himself blacken it first. Raba would salt fish, Rav Huna would light candles, Rav Papa would arrange the wicks, Rav Chisda would cut cabbage, Rabbah and Rav Yosef would cut wood.

Rav Natan Tzevi smiled and said, "My tzadik. Is honoring the Shabbat or emulating Chazal the only reason for helping your wife? There is a specific commandment in the Torah: `...Assist him." If the Torah obligates a person to behave in this way regarding an enemy, then certainly it is obligatory to help your wife, and especially since a man has special responsibilities towards his wife. And certainly these responsibilities are obligatory on erev shabbat when she has so much work to do preparing for it, and she is tired, and she must hurry to make it in time for candle lighting. Is there a more important mitzvah between man and man than this?"

Rabbi Natan Tzevi took that opportunity to emphasize that most people mistakenly think the main category of mitzvot are those between man and G-d; and thus they deprecate the mitzvot between man and man.

EDUCATING OUR CHILDREN

"And teach them to your children..." (Duet. 11:19).

Heaven is my witness that I was very sorrowful whenever I saw people quarrelling, and I was unable to make peace between them. I have also felt very bad about the troubles of the poor, the destitute and the sick.

I have also had great sorrow upon seeing breaches appear among our people. In many things the eruption is greater than what has remained steadfast, and the great rabbis of Israel do not have the ability to close the breaches because people do not listen to them. This is especially disturbing when it happens in matters pertaining to the highest things in the world.

One of these is the cruelty that many parents adopt towards their children. They cause them evil in this world and in the world of truth by denying their children the gift of free choice, removing them entirely from the study of Torah in order to teach them secular studies alone. Thus, the children become bad, sinners, and they do whatever they want openly as well as secretly.

These foolish parents do not consider what is the purpose for which a person labors all the days of his life. He does not rest day or night, and he forces himself to go without many things -- all for the sake of his children. And now his children go on a way whose end is ashes; all his labor becomes vanity and emptiness.

Did Israel not know, were the people of G-d not given the opportunity to consider? What bitterness these parents will find when they come to the world of truth and the heavenly court asks them if they read the "shema" every day? They will answer, "yes." Then they will be asked, "Did you not read there in the first and second chapters, `Review them with your children...,' and `Teach them to your children....' Why did you not fulfill these words that your mouth was uttering?"

Woe to them for that shame! Woe to them over their embarrassment at that time in the world of truth. It is terrrible and frightening to see thousands and myriads of people who do not consider their end, at which time they will certainly regret it, but it will be a time when regret will not help them, and they will not be able to fix what was deformed.

And woe to the eyes that have seen this, and woe to the ears that have heard about this: how the holy faith has weakened among thousands of people. They do not believe in all this because of the influence of the many false intellectuals, who themselves together with their ideas are built of nothing. Although they and their inquiries are vanity, their words nevertheless enter into the hearts of thousands of people, taking them for a ride, detering them from the holy Torah and G-d's mitzvot. Everybody does whatever he thinks is right in his own mind, and the true sages of the generation do not have the power to stop these breaches.

Concerning this thing, and others like it, the blood of my heart runs out like a river. I have always sought heavenly mercy for it, my limbs trembling, prostrated and bowed with a torn heart. I pour out my heart. May he close the breaches of our people, and send us the righteous redeemer. Then the spirit of G-d will be poured forth upon all flesh, to know Him, from the greatest to the smallest.

(Divrei Emet)

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