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Mishpotim / משפטים
Mishpotim /
משפטים
One of the
various laws
mentioned in this
parsha is the law of
one who causes his
Canaani slave to
lose a limb. The
punishment is that
the servant becomes
a free man and a
full Jew. In Gittin
the Gemora relates a
discussion as to
whether it is
beneficial for a
slave to be freed.
On the one hand, he
becomes a full Jew
and a free man. On
the other hand, he
was accustomed to a
loose, unrestricted
life and now has to
conform to a strict
life of mitzvos. If
we follow the
opinion that it is
not beneficial, why
would the Torah
“punish” this person
who has lost a limb,
to be further
abused? The Maharitz
Chayos answers that
in this situation
where he has been
mistreated all agree
it is beneficial.
Another answer is
that the Torah is
written to present
the truth and the
essence of life.
Therefore, the
Gemora is discussing
an issue in the time
of the Mishna, which
depends on the
psychology of the
people involved, but
the Torah is telling
the absolute truth
and the reality of
this world. From
this we learn to
view the world only
through the eyes of
the Torah. (M’Shulchan
Gevoah)
In the Gemora שבת פח':
When the Jewish
people preceded נשמע
with נעשה a myriad
of angels descended
to Har Sinai and
placed two crowns on
each and every Jew.
Why only because
they responded in
this order נעשה and
then נשמע did they
deserve two crowns?
The בית הלוי
answers: there are
two goals in ones
learning and
studying Torah.
First, it is
impossible to
perform Mitzvos
without proper study
of that particular
topic. In this
respect women are
also obligated to
learn the Torah
which impacts on
their specific
mitzvos. However,
with men there is an
additional mitzvah
to learn Torah just
for the sake of
learning itself.
Therefore, if they
would have just said
נשמע ונעשה it would
have just implied
learning for the
sake of performing
mitzvos. The זהר
explains נעשה
referring to mitzvos
and נשמע referring
to Torah itself.
Since they responded
נעשה ונשמע it
deserved a double
reward.
The mitzvah of
returning a lost
article.
In the גמ' in מכות
כ"ד it is written
that רב was dismayed
at the possuk ואבדתם
בגוים - you will be
lost among the
nations, for this
could mean the
assimilation of the
Jewish people. רב
פפא said to him,
perhaps it means
lost but being
sought as the possuk
says in T’hillim
תעיתי כשה אובד בקש
עבדך I wandered as a
sheep would, but its
master seeks it. ר'
משה מרדכי עפשטיין
ז"ל explains there
are two types of
lost articles. An
inanimate one does
not assist in its
rescue but a sheep
which has life will
call out for its
master. This is what
the גמ' means, as
far as the Jews have
drifted, they are
still ready to
assist in their
rescue, they call
for help.
“If you will lend
money to my people,
the poor man with
you”. The Gemora
criticizes greatly
one who lends money
without having
proper witnesses to
the loan. This is to
ensure the honesty
and integrity of the
two parties. On the
other hand, tzedaka
should be given
privately without
fanfare or
witnesses. The Vilna
Gaon explains our
possuk with this in
mind. If one lends
money – have people
involved, but for
the poor – only with
you, not to be
publicized.
R’ Yaakov ‘z’l in
the end of this
week’s parsha
presents a very
beautiful essay
about the different
aspects of Torah
study through the
generations. He
points out the
oddity that the
prohibitions on
recording the oral
law and reciting
orally the written
law have almost
disappeared. How
could this be? He
explains: the mode
of education has
passed from the
father as the rebbi
to having a
structured school
system as the Rambam
records. Also the
age that one begins
Gemora has changed
and is earlier - why
is this? He answers
that the Gemora has
become as the
written law and the
Mforshim as the oral
law. All of this, he
explains, was
necessary to
safeguard the Torah
and its teachings,
and this is the
essence of “a time
to do for HaShem”.
One who commits
murder
unintentionally is
referred to by two
different
expressions, ואשר לא
צדה. He did not
plot, and והאלקים
אנה לידו. HaShem
brought it to his
hands. The גר"א
explains these two
expressions with a
רש"י. One who
previously killed
unintentionally
without witnesses is
brought together
with one who killed
previously
intentionally to
“unintentionally”
kill the second
person. He is
climbing a ladder
and the rung breaks.
This is the second
phrase - HaShem
brought it to his
hand. The first is
in reference to a
simple case where
one perhaps could
have avoided it,
such as the case of
the חומש, cutting
wood in the forest;
he did not plot.
Previous Parshos
Tazria
Metzora
Achrei Mos
Kedoshim
Emor
Behar
Bechukosai
Bamidbar
Shavuos
Naso
Behalosicha
Shilach
Korach
Chukas-Balak
Pinchos
Matos-Masei
Devorim
Voeschonon Ekev
Reah
Shoftim
Ki Seitzei
Ki Savo
Nitzovim
- Vayelech Rosh
HaShana Haazinu-Yom
Kippur Sukkos V'zos
HaBrocha
Breishis
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