The Broad Lessons of Mishpatim

Parshat Mishpatim contains many laws related to interpersonal responsibilities, such as business ethics and damages. These topics are more fully explored and explained in the Nezikin section of the Talmud. According to his son, Rav Moshe Feinstein believed that young children should constantly learn the Gemarahs (and Mishnayot) from Seder Nezikin during their youth. Rav Reuven asked his father why they should learn these particular Talmudic sections.  Rav Moshe answered that if they learn in different ways that one may not steal, then hopefully when they leave the Yeshiva they will not steal.  However, if monetary laws are not constantly reviewed, then it will be very difficult for them to be honest as adults.

Most of us do not own oxen that do damage. But these laws from Parshat Mishpatim teach us the premium that the Torah puts on personal responsibility, a lesson that is relevant for all of us.

While all of the laws in Mishpatim are relevant, there is an especially rich tradition of finding additional applications and lessons from the law of Bor Bireshut HaRabim, a pit created in a public domain (21:33-34):

“When a man opens a pit, or digs a pit and does not cover it, and an ox or a donkey falls into it, the one responsible for the pit must make restitution; he shall pay the price to the owner, but shall keep the animal carcass.”

The story is told how the Alter of Slabodka once saw a young man pick up a printed sheet from the road, look at it and then throw it back down. When the Alter asked about it the young man explained that as he was walking he saw something with Hebrew letters.  He thought that the sheet might contain sheimos, Torah words, and require genizah, respectful disposal. Upon further inspection, he realized that the page contained mundane matters so he threw it back down. The Alter of Slabodka was angry at this response. He said to the young man, “Just as the Torah finds liable the person who causes his friend to fall, so too is a person liable if he causes his fellow to bend down unnecessarily. Once you picked up the paper you should have discarded it so that no one else would be bothered in the future with the same situation.” The Alter's lesson is important for all of us: if you see trash on the floor, pick it up and dispose of it as an expression of your respect for your fellow human being who will have to pick it up if you don't.  

A homiletic interpretation of “Bor Bireshut Harabim” was offered by Rabbi Yisroel Salanter, whose yartzeit was the 25th of Shevat: “Your face is a reshut harabim (public area), so you always have to smile; otherwise, it’s a bor bireshut harabim (a pit in a public domain).”   Let us utilize the laws and lessons of Parshat Mishpatim to sensitize us to the lengths that our responsibilities towards our fellow Jews are meant to extend.

 

Essential Jewish Unity

     In Parshat Yitro, the Torah describes the scene at Mt. Sinai (19:2): וַיִּֽחַן־שָׁ֥ם יִשְׂרָאֵ֖ל נֶ֥גֶד הָהָֽר “and Israel encamped there opposite the mountain”. The Hebrew word “encamped” is written in the singular even though it refers to a multitude of people. This leads Rashi to comment: כאיש אחד בלב אחד “as one man with one heart”.

      Rashi makes a similar comment in last week’s Parsha. After Bnai Yisrael leave Egypt the Torah states (14:10) וְהִנֵּ֥ה מִצְרַ֣יִם | נֹסֵ֣עַ אַֽחֲרֵיהֶ֗ם “the Egyptians were advancing after them”. Here the Hebrew word for “advancing” is written in the singular even though it refers to a large contingent of Egyptians.

      This leads Rashi to comment: בלב אחד כאיש אחד “with one heart as one man.” While it seems that Rashi is expressing the same sentiment in both places, Rabbi Yitzchak Hutner notes that the phrasing is different in each comment. When referring to the Jews, Rashi says that they acted “as one man with one heart”, but when referring to the Egyptians, Rashi says that they acted “with one heart, as one man.” Rav Hutner explains that the wording is precise, and the difference is making a point about the difference between these two nations. The Jewish People are one entity, one organism. Unity is an essential quality and characteristic of our nation. This sense of unity is supposed to exist and define us even when Jews have different opinions, different priorities, or act differently. The Jewish nation is always “as one man”. The entire nation is sometimes compared to a single organism. What was remarkable at Mt. Sinai was that in addition to that essential quality of unity, the Jewish People were also unified in their desire to receive the Torah. The Jews were not always “of one heart” during their time in the wilderness. Rashi comments that at Mt. Sinai the Jews were “as one man with one heart” because it was more common for the Jews to disagree and quarrel: אבל שאר כל החניות בתרעומת ובמחלוקת, “but all the other encampments were [divided] with complaints and with strife” (Mechilta).

      In contrast to this essential Jewish unity, the Egyptians were generally not unified in any endeavors. Ego, agendas and greed led Egyptians to normally act alone and in a selfish manner. In Parshat Beshalach the Torah lets the reader know that at the Yam Suf the Egyptians put aside their differences for a common goal. Due to their hatred of Bnai Yisrael, they were able to momentarily put aside their differences in order to act on a shared goal. There is no essential unity that holds the Egyptians together; it’s rather a pragmatic, short-lived unity. This is why Rashi states the Egyptian unity as “with one heart, as one man”.

      Last Motzei Shabbat I got home after our Veshinantam Parent/Child Learning to hear the news of the hostage situation at the synagogue in Texas. We are grateful that the situation was resolved in a way that all of the hostages were unharmed physically. After the situation was resolved, there were some reports making their way around the internet and social media that made accusations about the political views (both foreign and domestic) of the Rabbi who was taken hostage (and who has been credited with helping to resolve the situation). The notion that differences lessen our sense of empathy, caring and concern for others is only true about the Egyptians, not about us Jews. Am Yisrael possesses a basic sense of unity that transcends all other differences. In today’s highly politicized and polarized world, it would serve us well to internalize and reinforce Rashi’s lesson that when it comes to us Jews כאיש אחד בלב אחד is our value and the mantra by which we should live.

Segulahs

        Did you say Parshat Hamon this past Tuesday? According to many sources on the internet (well, from where do you get YOUR information?) reciting the section that describes the manna from Parshat Beshalach on the Tuesday before Parshat Beshalach is read in shul is a good omen for parnasa, for a successful and plentiful livelihood.  Upon closer examination, the more often-quoted version of this practice is to recite Parshat Hamon daily. For example, Rabbeinu Bachya (Shemot 16:16) writes: “it is a tradition in the hand of the sages that whoever recites the parsha of the Mon each day is assured that he will not lose out in this world of his livelihood.” The Tur (in OC Siman 1:5) cites this tradition in the name of the Yerushalmi in Brachot. The Mishna Berurah (1:13) also cites this source. The problem is that we have no such practice quoted in any extant version or manuscript of the Yerushalmi. One possibility is that the version of the Yerushalmi that the Tur had is lost.

         I must admit that I have some ambivalence when it comes to these once-a-year segulahs where the connection between action and impact is difficult to understand. For instance, there is a custom that folding one’s tallis right after Shabbat on Saturday night is a segulah for Shalom Bayit, domestic harmony. Rabbi Shlomo Aviner quotes a story (attributed to either the Satmar Rebbe or Rav Chaim Shmulevitz) that one Saturday night, the Rebbe saw that one of his students was the last one in the Beit Midrash and was folding his talis with great precision. The Rebbe asked him what he was doing. The student said that he saw in various books that care in folding one's tallis is a Segulah for Shalom Bayit. The Rebbe responded: “A better Segulah is to go home and help your wife wash the dishes.”

         Are there any segulahs for ensuring that our children follow a Torah path? Rav Chaim Kanievski related that someone once came to the Brisker Rav and asked for a blessing that his son should be a Torah scholar and G-d-fearing. The Brisker Rav said: he will be a Torah scholar based on how much you (the father) learn with him, and he will be G-d-fearing based on how many tears his mother sheds while davening for him.

        Rav Aviner also tells the story that before they had children, Rav Hershel Schachter and his wife went to Israel, and they visited the Steipler Gaon, Rav Yaakov Kanievsky. Rav Schachter asked the Steipler for a blessing for children, and Rav Kanievsky blessed him. Rav Schachter then asked for a blessing of success in his Torah studies.  The Steipler said: “All the blessings in the world will not help. Rather sit and learn and you will succeed.”

        I would suggest that when it comes to segulahs associated with saying particular verses, the words are not powerful as some sort of incantation or magic spell. Rather, by saying certain verses or paragraphs every day (or multiple times per day, like in Ashrei and Aleinu), we are meant to internalize the messages and lessons contained therein. It is through developing these perspectives on life that we benefit from the recitation of Parshat Hamon, for example.  What is unique about the manna, more so than the other miracles we experienced? Rav Saadia Gaon in the introduction to his Emunot v’Deiot explains that the Mon was a miracle that was of a daily occurrence. The other miracles were less frequent and more transient. Perhaps the lesson we are supposed to internalize from the manna is that we are the beneficiaries of God’s interventions (ie miracles) on a constant basis. With that attitude in mind, we are well on our way to developing a mindset that will find a measure of success in all circumstances.

Listening Brings Redemption

The Parshiyot of Vaeira and Bo focus on the plagues and the preparations for the Israelites’ redemption. These two parshiyot are bookended by a focus on one particular theme:  listening. At the beginning of Vaeira, Hashem tells Moshe (6:5): “And also, I heard the cries of the children of Israel…” The process of redemption began when God heard the cries, and it doesn’t matter whether those cries were prayer or cries of pain. As a result of God’s hearing those cries He sets into motion the ten plagues (7 in Vaeira and 3 in Bo). The plague of the firstborn is the straw that breaks Egypt’s back. Before they can leave, the Jews must merit their redemption by fulfilling mitzvot commanded by Hashem. Those mitzvoth entail aspects of the Pesach holiday. Some of the commands were unique to the Pesach celebrated in Egypt. Other mitzvoth apply to all future Pesach holidays as well. Parshat Bo ends with another mitzvah that reminds us of the Exodus: redemption of the first born donkey. In that context the Torah states (13:14):

“And it will come to pass if your son asks you in the future, saying, “What is this?” you shall say to him, “With a mighty hand did the Lord take us out of Egypt, out of the house of bondage.” This teaches us that the Exodus from Egypt will be an important aspect of Jewish identity – not just in that generation but in the future as well. In order for a parent to answer the child’s question, the parent must be listening to the child. We see that listening bookends the story of redemption: the process begins with God listening to His people and the postscript of the story is when parents listen to their children. It seems to me that the Torah is teaching us that redemption can only come about through listening. This was true in Egypt and this remains true today. When we listen to another person we validate their existence and acknowledge their story. When we listen we show we care. When we listen we demonstrate humility by acknowledging the presence and importance of other people.  Our shul’s Rabbinic and Education team is comprised of men and women who are talented orators. Each of them can speak well, present an interesting shiur and deliver an inspiring Dvar Torah. Just as important is the fact that we are all eager and skilled listeners. We understand the value of listening and the fact that relationships are built and strengthened through listening. I encourage you to give us the opportunity to listen to you and to hear your story. We are available to meet with you and to speak with you. But most importantly we are available to listen to you. And listening is an integral factor in redemptions, both large and small.