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The Torah's
Weekly Portions
Exodus/Shmot
- Mishpatim 101
Posted February, 2001
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Parashah: |
Mishpatim |
Sefer (Book) |
Shmot (Exodus) |
Beginning Perek (Chapter): |
Chav-Aleph (21) |
Beginning Pasuk (Verse): |
Aleph (1) |
Concluding Perek: |
Chav-Daled (24) |
Concluding Pasuk: |
Yud-Chet (18) |
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Key Points of Parashat
Mishpatim:
The following are some of the laws that are discussed in detail:
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Hebrew Slaves
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Murder, death though not premeditated, and accidental death
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Compensation and retribution for accidental and intention injury
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Lost and stolen property
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Intimate relations prior to or out of marriage
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Idolatry
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Treatment of strangers and proselytes
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Proper behavior toward the poor - widows and orphans; especially in terms of causing them any embarrassment which is strictly forbidden
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Oaths and witnesses
Mishpatim, although not a long Parashah, is rich with various points of Jewish Law and warrants a deliberate and methodical read. There is a beautiful section of the work Pirke Avot (Ethics of our Fathers) that discusses this week's pasuk in great detail. Pirke Avot has another, more proper, name which is Mesechta (Tractate) Avot as this is one of the sfarim (books) of the Gemara (Talmud).
This Week's P'sukim - Perek Chav-Gimel (23):
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Do not accept a bribe, for the bribe will blind those who see and corrupt words that are just:
Translation by:
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And no bribery shalt thou take, for bribery blindeth those that see clearly and maketh the words of just men waver.
Translation by:
The Focus of this Week:
How can such a short sentence have so much meaning?
Commentary from the Stone Edition
Chumash:
The Stone Edition Chumash does not list commentaries on this pasuk. However, Rav Hirsch's comments are quite extensive.
Commentary by Rav Samson Raphael Hirsch:
From the relationship of the first words in this pasuk, we
get the basic idea of its meaning "to bring about the
destruction of the spiritual and moral force of live of
somebody." Bribery kills the intellectual and moral
force of the one who receives it. The intellectual force
which makes a man fit to be a judge is called pakakh (pei,
koof, chet), a clear open sight for the right way to look at
the facts, and the laws which apply to them. The moral force
is called tzadeek (tzade, daled, koof) righteousness, which
only recognizes what is right. Bribery blinds the sight of
one who otherwise sees clearly, unconsciously prejudices his
way of looking at the case. If we compare the meanings of
the roots of these words and perhaps also the rabbinic
commentary of [Mesechta] Yoma 53b, the wording would mean,
not so much crooked and turned the wrong way, as shaking,
faltering, or unstable. Bribery would make even an honest
judge, who wishes nothing but what is right and just, not as
clear and firm and decisive as he should be in giving
expression to what is right. His sight becomes clouded, his
word faltering.
The idea of bribery in the spirit of Jewish law is given the
widest extension. Not only money or good but the smallest
most unimportant favour, service or attention, the brushing
off of specks of dust from the coat, the kicking away of a
piece of dirt which happens to lie in front of the foot of
the judge, etc. has caused Jewish judges to declare, "I
have become unfit to be your judge." A Jewish judge
must be conscious of absolute absence of any bias
whatsoever, otherwise he may not be a judge (see Mesechta]
Ketuboth 105, 106). Jewish administration of justice was
completely free, and was not allowed to be paid for.
Commentary by Reb Yosef:
Rav Hirsch's complete comments on this small sentence are
twice as long as what is listed here.
After reading this and looking over the Mishnah and Gemara
in Pirkei Avot, I am struck with a question,
"What happened?" Before going further, allow me to
explain the terms Mishnah and Gemara. There is
the written Law, the Torah. There is the oral Law, the Mishnah.
The Mishnah was handed down verbally from Moshe
(Moses), in an unbroken line, to the sages. In fact, if you
want to see the lineage, read Pirkei Avot as the
first chapter deals with the succession. The Mishnah
is considered to have the same force as the Torah. The
Gemara, on the other hand, is the commentary and
rabbinical rulings and interpretations to the Mishnah.
This is one of many reasons that I recommend that everyone
have a copy of Pirkei Avot. It is the shortest of the
Mesechtot (Tractates) and provides both a wealth of
information in the most beautiful of prose and a wonderful
insight into the Talmud and how it is constructed.
Now then… To the question, I posed, "What
happened?" I do not have an answer to this question. Of
course, we can consult fifty different dayanim
(judges - rabbis who hold a higher degree of ordination [smichah])
and I suspect we will hear fifty different answers. Rav
Hirsch tells us that a judge is not to be paid. This would
seem consistent with the intention of the Torah on this
particular issue as payment could easily lead to bias. Sad
to say, in today's world, a Beit Din (House of Law,
court) hardly resembles what we see in Torah and
commentaries. In other weekly parashot, I have talked about
some of the less than admirable current affairs of Klal
Yisrael - this is but one more example.
At the same time, I would like to tell you about an
exception. There is a group of four very courageous rabbis
who are attempting to deal with a terrible problem in the
Jewish community - agunot. An agunah is a
woman whose husband refuses to give her a Jewish divorce
(get). Of course, without the divorce, even though a civil
divorce may be in effect, the woman cannot remarry. In most
cases, the cowards who do this to their families pervert
Jewish law as a means of extortion. About six years ago,
three rabbis came together to form a Beit Din that dealt
with this issue. They very carefully reviewed the Laws and
found exceptions that could be applied in given
circumstances. The result is that many of the women who were
held in bondage are no longer. Of course, there are a large
number of Jewish courts who say these decrees are not valid.
Of course, they would say that - they have lost a source of
income through what is prohibited by the Torah, bribery. And
this leads me to the point I wish to make.
Klal Yisrael (the Nation of Israel) is called the Chosen
People because they were chosen by God for a unique and very
special mission - to lead the world back to spiritual
perfection. There are those who say that this is the mission
of the moshiach, the anointed one. I disagree and
believe that to be a complete and utter cop-out. It is our
mission, as people and as a People, to lead the world back
to spiritual perfection. There is only one way to do this -
by living in a way that is consistent with Torah, to the
best of our abilities. By this, I do not mean that every Jew
has to live an Orthodox or Ultra-Orthodox (and I will never
really know what that means) lifestyle. It is as is stated
throughout the entire Tanakh - chessed, tzedakah,
Torah - kindness, justice, Torah.
Many commentaries suggest that these are three separate
things to be lived. I prefer to see it another way - chessed
+ tzedakah = Torah. Acts of kindness and justice are
living Torah. Acts of kindness and justice are Ahavat
Yisrael (respect for all Jews). Perhaps, if we can
demonstrate kindness and justice to each other, we will
provide a Light to the Nations that will bring the whole
world back to a state of spiritual perfection where God will
be One, and His Name One. Of course, this means we have to
give up some things - all those things that Rav Hirsch
listed as bribes. We, as people and as a People, have to
make our mission more important than ourselves.
But think what a wonderful world this would be then…
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Translations in Torah Portions of the week are partially taken from the ArtScroll
Stone Edition Chumash and from
Rav Samson Raphael Hirsch Chumash
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