START THE DAY THE TORAH WAY 19th January 2014 PARSHAS MISHPATIM

This sedra comes immediately after the עשרת הדברות. It starts of with the, משפטים, civil laws, the laws of natural justice which can be understood logically in contrast to the חקים, statutes which we would never have worked out ourselves.

I should like to pose a couple of questions.

Firstly, there are no fewer than 53 mitzvos, out of the whole 613, in this week’s sedra. If one goes through them, one finds quite a jumble and the Torah seems to jump from one type of law to another on many occasions. Is there any reason for this, or can one discern an underlying pattern.

Secondly, the first mitzvah mentioned is about an עבד עברי, a Jewish person who was sold into slavery to another Jew because he could not pay his debts and the Bais Din gave permission for him to be sold to pay at least part of the debts.

Before I go into a possible explanation for the second point, which I would mention is raised by several rishonim, for instance, the Ramban, Rabbenu Bechai, Abarbanel, I think that it is perhaps to the point to state that there are, in fact, ג''ן mitzvos (53) in the sedra. Perhaps after the Bnei Yisroel had said נעשה ונשמע, we will do and hear, and they were privileged to hear from Hashem, Himself, the ten commandments, they were then taken “for a stroll in the garden” ג''ן, of Torah and mitzvos so that they should get a flavour of them.

In the same way as walking round the garden where there are trees, fruits, vegetables, some sweet smelling, others just beautiful looking, also this sedra, following on immediately from the עשרת הדברות is like going round a large, well tended garden. This might be taken in contrast with say Kew gardens which could be in some way analogous to the whole of the תרי''ג mitzvos.

The commencement of all these mitzvos with עבד עברי needs to be understood. That case did not happen for the 40 years that the Bnei Yisroel were in the midbor and, for that matter, for over 50 years after, as they took many years until they conquered Eretz Yisroel when the din of עבד עברי became relevant only when the laws of shmittah and yoivel began to apply which was only, at least, 54 years after the Torah was given.

Surely it would have been more to the point to start with a case that was relevant immediately, followed by other such matters. For instance, מכה אביו ואמו etc. mentioned later on the Sedra, would be relevant immediately and were likely to be more frequent even, as well. Why did the Torah start with this particular mitzvah?

I think that this can be explained by the analogy of people who, unfortunately, were caught in the Second World War by the Nazis, sent to Auschwitz or other such places. The trauma of these people has remained with them for the rest of their lives.

In this case, the Jews going out of Egypt were virtually all born into slavery and had been mistreated for well over 100 years by the Egyptians. The contrast of the Torah insisting that a Jewish servant sold to another Jew, even if because of his misdeeds, still can only be sold for six years and has to be freed afterwards, is vivid. Not only that, the Gomorra says that by acquiring a Jewish eved, the master is, in a way, acquiring a master for himself. For example, if he only has one cushion he has to give it to the servant to use rather than using it himself.

One can see the tremendous contrast between the way the Egyptians acted and the way we are enjoined to act.

The reason why this is the first mitzvah mentioned, I believe is, because this would make the biggest impression on the Yidden. The change of behaviour that was required of them for the future was enormous.

Remember that the Torah was given just 6 weeks after they finally left Egypt.

One could argue that the rules concerning an eved Canaani, a non Jewish slave, are more analogous to what happened to the Yidden in Egypt.

I think, however, that what Hashem wanted to establish was the principle in the first instance. Yidden have to show respect and love for one another and in broad terms the idea is to improve middos.

Remember that the people inhabiting the world up to the time of Matan Torah became less and less connected to Hashem and more and more selfish looking for self gratification and willing to enslave other people.

Dare I say it, that looking at the world today, we see that over recent years the lack of morals and sensitivities for other people, the senseless killings and enslavement of others etc. has increased in a similar type of manner.

Matan Torah was a clarion call that the Jewish people had to show moral strength and do things differently than had been done until then. By commencing Parshas Mishpatim with the din of עבד עברי the stark contrast between what had been happening previously, to the Yidden themselves in Egypt, was emphasised in no uncertain terms.

The laws concerning an eved Canaani (a non Jewish servant) are indeed mentioned later on in the Sedra. I would only highlight one such case, namely, that if a master knocks out the eye or tooth of a male or female servant they have to let the servant go free.

The Torah, not surprisingly, continues after the case of עבד עברי, with the case of אמה עבריה, a Jewish maidservant sold by her father to a Jewish master. Once again, he could not do what he liked with the girl, she only remained with him for a maximum of six years or until she became 12 years of age if earlier. Furthermore, the Torah tells us that ideally the person who bought her, or his son, should marry the girl. If all this was not carried out properly she had to be allowed to go free when she grew up.

The Torah then continues with a mitzvah very much connected with servitude. A slave in Egypt was treated as a second class individual, if a human being at all. The master could, mistreat, ill-treat and virtually thrash to death somebody he disliked. The Torah, however, continues מכה איש ומת מות יומת, if a person hits another person so hard that he dies, he himself, has to be killed. However, there is a safety mechanism that if he did not do it on purpose, there is a place of refuge known as עיר מקלט. If, however, he did it on purpose, he may not just go to the עיר מקלט, and so avoid punishment, he can be taken from every place in the country and if proved guilty, killed as well.

Whilst the Torah is speaking of unjustified raising a hand to another Jew and the way Yidden are supposed to behave to one another, the Torah goes one stage further and states מכה אביו ואמו, namely that if a person would hit his father or his mother and not kill them, but just wound them, he would also be sentenced to death. Then the Torah carries on, but if somebody steals, kidnaps, another Jew and sells him, once again there is a capital penalty. Even if he curses a father or mother, the death penalty is imposed.

This, of course, is subject to there being the necessary warnings given and witnesses that this, in fact, happened. There are safety checks and balances built in, all the way through the system.

All this is to emphasise the dignity of man and the fact that doing such things is not the way to treat another Jewish person at any time. It is also emphasising that nobody should take the law into his own hands, the Beth Din has to be involved and determine the true facts and the correct penalty.

The Torah then continues with an example of a person hitting another one, wounding him but not fatally. There the attacker has to pay for a doctor and the healing process. The Torah then goes further by stating that even if a Yid has a servant who is not Jewish, he must still not just treat them as the Jews were treated in Egypt, with distain. The Jewish master must be careful not to kill him, otherwise, he himself will be punished.

The Torah continues with all these type of mitzvos in order that one should guard against physical violence against other Yidden, or for that matter other people as well.

All in stark contrast to what happened to the Yidden in Egypt.

Once again, I would emphasise the point that I made earlier on, that I believe that this is why the Torah started off with these type of mitzvos and particularly the case of עבדים, servants, because the Yidden receiving these mitzvos could relate so personally to the situations in which they had themselves be born to, or found themselves for many, many years.

The Torah then turns to animals belonging to a person attacking other people and punishment meted out in such cases. Not only animals but also if a fire is lit, spreads to somebody else’s field, the precise rules are stated and so are also many rules concerning people’s possessions which are given to another person to guard who does not look after them properly. There are detailed rules for different types of shomrim, namely, guardians.

If one continues carefully through the Sedra one gets a flavour of how inter-personal relationships between human beings and others should be carried out and even as far as animals or objects are concerned.

I think that bearing in mind the above remarks, one can discern an underlying pattern in the Sedra. This deals with the first question that I put earlier on.

חז''ל, our Rabbis, tell us that at the time of Matan Torah נתרפאו כל החולים, all those who were ill were healed. For example, people who were blind previously could see, those who were dumb could speak, etc. It appears that Hashem wanted the Yidden to be physically sound and well at the time that they received the Torah.

We also find that when Hashem gave the Torah the impact was so great that פרחה נשמתן, their souls departed from their bodies. The spiritual connection was so great that the souls returned to their spiritual place in heaven and Hashem had to send the neshomos back.

It, therefore, stands to reason, I believe, that before doing so, he cleansed those souls, those neshomos, as well and not only did they have a complete perfect body, they had a complete perfect and unsullied neshomo, soul.

Accordingly, the whole of the Bnei Yisroel were spiritually, as well as physically, in a first class state.

This would make perfect sense as they now had to keep, not seven mitzvos but 613 and their style of life both spiritually and physically would be radically altered with the giving of Torah, which they had accepted wholeheartedly, נעשה ונשמע, we will do and we will hear.

Bearing this in mind, one can envisage the fact that at least some of these neshomos may have already been sent to the world in previous generations and those neshomos may not have been looked after by the individuals in the correct manner and therefore, had become sullied and needed a תיקון, rectification. It would be much easier for the Bnei Yisroel now to effect rectification for the old problems in all the circumstances.

This fits in with the posek, כי תקנה עבד עברי which the Torah starts off at the beginning of Mishpatim. In addition to the simple explanation, namely that we are talking about a Jewish servant who was sold into slavery to another Jew and the explanations I have given, the Zohar Hakodesh gives a completely different and more mystical explanation as follows:-

The Zohar says that this refers to gilgulim. That is somebody who has been previously in the world and the soul, the נשמה, comes back to effect a further תיקון, rectification of something which had not been dealt with at an earlier time, either because of עבערות performed, or a lack of learning Torah or keeping mitzvos etc. and the Zohar embroiders on the theme considerably.

The Yidden at Matan Torah were elevated spiritually in an incredible fashion. They experienced a one off revelation by Hashem which had an effect, immediately and in the long term. The people who had lived before Matan Torah had received neshomos and very often had not carried on their lives in the correct fashion. It would seem very possible to assume that the Yidden after Matan Torah who had, possibly, received neshomos as gilgulim from a previous incarnation would therefore be in a position to be מתקן, to rectify, that which the previous person utilising the same neshomo had spoiled.

This also could apply to later generations through the ages.

Let me tell you a story concerning gilgulim.

The leading talmid, the pupil of the Baal Shem Tov, R’ Ber of Meztritch, once asked the Baal Shem Tov, How does this work?, What does it all mean?

The Baal Shem Tov told him to go out of the little village that they were in, into a particular wood and find a tree with a spring flowing out, just adjacent to that tree. He said, stay there during the day and leave at 6 o’clock in the evening and come back. R’ Ber went to the forest and eventually located the spring. He then positioned himself unobtrusively so that he could what might happen, without being observed himself.

Some short while afterwards, a nobleman on a horse came riding by and spotted the spring. He dismounted and went over to the water and took a drink. He also gave his horse something to drink. Meanwhile, his pouch slipped out and he did not notice. He remounted and rode off.

A little while later, another person, nowhere near as noble, rode by on his horse and spotted the same spring. He also dismounted and went to drink, he spotted the pouch and saw that it had considerable monies in it and took it. He remounted and rode off.

Sometime later, a beggar walking with a stick emerged in the forest and spied the same spring. He went over, had a drink and as he was tired laid down and fell off to sleep. Very shortly afterwards the original nobleman rode back looking for his pouch. Of course, it was nowhere to be seen. When he spied this old man he woke him up and berated him. Give me back my pouch with all my money. The beggar denied any knowledge of the money and, for that, he was beaten thoroughly whilst protesting his innocence. Eventually the nobleman rode off in a huff.

When R’ Ber looked at his watch, he realised that it was 6 o’clock. He came back to the Baal Shem Tov who asked him to detail what he had seen. R’ Ber told the whole story and asked the Baal Shem Tov for an explanation.

The Baal Shem Tov told him the following. In a previous gilgul, that is many years earlier, a man, let us call him Reuven, loaned another man, let us call him Shimon, money. When it was time for Shimon to repay the money, he denied any knowledge of owing the money at all, and we are talking about a large sum of money.

Eventually, Reuven realised that he was getting nowhere with Shimon so he took him to the Dayan, to the Beth Din. The Dayan prevaricated and eventually Shimon got off the hook and just did not repay. The Baal Shem Tov then said to R; Ber “You were witnessing the sequel of that story. The nobleman, who lost the money, was Shimon, (Shimon’s soul) the other man who found the pouch was Reuven, in a previous gilgul, and he, in fact, now got back the money that way. The poor man you saw, the beggar, was the Dayan and he was punished for not having dealt with the matter correctly.

Sometimes in this world, it appears to us that things happen which are not fair and this is even to people we know personally. There is always a good explanation or reason for it, it is just that very often we don’t understand it.

Our job is to try and not get into the same state of not doing things properly. When we come up to heaven, after 120 years, to answer for our deeds, or misdeeds, we should not be sent down again for another instalment in this world.

Of course, teshuva, that is repentance, always helps but in the case of monetary matters, this also has to be coupled with actually doing something about any losses which one causes to other people, if, of course, one is really responsible.

Looking through the Sedra right the way through to Chamishi and Shishi, one realises that there is a thread running through the Sedra, namely that one has to be very careful of what is called בין אדם לחברו, personal relationships between one man and another.

After the Yidden received the Aseres Hadibros and had the one off experience of Hashem speaking to them, they might have been forgiven for having their heads in the clouds and being very worried aboutלמקום   בין אדםmitzvos which are between a man and his Creator. Mishpatim comes to emphasise that the two, בין אדם לחברו and בין אדם למקום are equally important.