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Parshat Mishpatim

YOU SHALL NOT ACCEPT A BRIBE, FOR A BRIBE WILL BLIND THE CLEAR SIGHTED AND CORRUPT WORDS THAT ARE RIGHT.

(Shemot 23:8)

 

Rabbi Abahu said: Come and see how blinded are those who receive bribes. A man whose eyes bother him gives money to a physician - he may or may not be cured. These take a penny's worth [of bribes] and blind their eyes, for it is said: a bribe will blind the clear-sighted.

The Rabbis taught: For a bribe will blind the eyes of the wise (Devarim 16); a fortiori for the stupid; and will distort the words of the righteous - a fortiori for [the words of] the wicked.

Are the stupid and the wicked appointed to serve as judges?

Rather, say it this way: For a bribe will blind the eyes of the wise - even when a great wise man takes a bribe, he will not leave the world without blindness of heart. And will distort the words of the righteous - even when a perfectly righteous man takes a bribe, he will not take leave of the world without madness.

(Ketuvot 105a)

 

Will blind - Just as eyesight is used metaphorically to refer to the heart and the mind's judgment, so too its opposite - blindness - is used metaphorically to refer to lack of understanding of clear and obvious facts. The meaning is that bribery sways the heart from the path of justice and darkens the mind's light, so much so that the sighted becomes blind, he does not see things as they truly are, and the words of the righteous in judgment - the upright - will appear crooked and distorted in his eyes.

(R. Yitzhak Shemuel Reggio Shemot 23:8)

 

Why Does the List of Laws Appear Next to the Passage Regarding the Altar?

Gavriel Weil

In memory of my father and teacher Rafael ben Avraham,

a lover of peace and a pursuer of peace,

who passed away on the 4th of Adar 5633.

Parashat Yitro ends with the verse: And you shall not ascend with steps upon My altar, so that your nakedness shall not be exposed upon it (17:13). Our parasha begins with the verse, And these are the ordinances that you shall set before them, and afterwards, should you buy a Hebrew slave.

Rashi (on 19:1, Judaica Press edition) states: "Now why was the section dealing with laws juxtaposed to the section dealing with the altar? To tell you that you shall place the Sanhedrin adjacent to the Temple."

Indeed, many people have already noticed that following the Ten Commandments (which are also doubled in that they juxtapose commandments between man and God to commandments between man and man), parashat Mishpatim sets out in great detail the laws concerning social relations, justice, and so forth. Details of the Tabernacle's construction only come later, in parashat Terumah. It seems that the building of a fair society that battles injustice creates the foundations for the construction of the Lord's Tabernacle. Without this prerequisite, there can be no Tabernacle.

Such is the plain meaning of Scripture. And so it sometimes seems that the tremendous investment of Torah education in promoting the value of the Temple in the public consciousness neglects the fact that a different consciousness must be promoted first: the consciousness relating to all of the issues treated in the parasha such as the law of the servant (foreign worker?), he who strikes a man who dies…(rising violence?), he who steals a man and sells him (the trade in women?), if men fight and if men quarrel (the divisions that split Israeli society?), and on and on - the parasha is full of them.

Shemot Rabbah (1) relates to the juxtaposition of the two sections: "And why is this matter found next to the other? Was the priests' nakedness exposed? But it is written: and make them cloth trousers to cover the flesh of nakedness!? Rather, R. Avina says: Just as the Holy One blessed be He warned the priest not to walk in rude strides on to the altar, but should rather walk toe to heel, so too the Holy One blessed be He warned the judges not to make rude strides in judgment." The commentary Matnot Kehuna explains: "That is to say, that they should not be severe in judgment, but rather they should be moderate in judgment."

The priest ascends to the altar full of power and importance. He is in danger of trampling the very significance of ascension to the altar under his rude strides. The temptation of power, tremendous narcissism and feelings of self-importance are the lot of anyone who is raised above the common folk, and they pose a threat to every institution in general and to religious institutions in particular. So it is with the priests; so it is with the judges. Modesty is not merely physical - it is also internal: pleasant manners, moderation and consideration for others are needed in those who serve the sacred, who serve justice, or who serve the people.

Indeed, the metaphor is interesting: the law court is apt to take "rude strides," i.e., to display arrogance, pride, and disconnection from the spirit of the public it is supposed to serve. In his commentary, Diyyukim al ha'Torah, Rabbi Pinhas Wolf states: "The goal of legislation is not to create laws but rather to execute them; to that end there must be people who are prepared to uphold them. No matter how good the laws are, if they are not accepted people will circumvent them. That is why the Torah seeks to first educate people so that the seed of law will fall upon fertile soil; that is the connection between these two categories of commandments that are connected by the letter vav [the prefix meaning and]."

It is essential that there be an ethos of identification with the law and of acceptance of it as being something that elevates both the individual and society. Without such an ethos, judicial procedure is drained of its significance; is becomes so mechanical and robotic that its nakedness is exposed (to use the Torah's expression) and everyone senses that the king is unclothed.

To our sorrow, there are not a few instances in the realities of our lives in which this seems to be what happens (for example: the unresolved predicament of agunot).

It seems that the two biblical passages are juxtaposed precisely in order to point out this danger and warn us of it.

Gavriel Weil is a clinical and educational psychologist and a member of Moshav Kfar Maimon.

 

Life for life - Eye for eye

He pays a life; he does not pay money for life.

Rebbi says: Life for life - money. Do you say "money" or is it "death"? We expound: Here we read shita - "impose," and elsewhere we read shita - just as there the reference is to monetary compensation, so here, too, it is monetary compensation.

Eye for eye ­- money. Do you say "money," or is it really an eye? Rabbi Elazar used to say: "One who strikes the life an animal is to pay for it - but one who strikes down a human is to be put to death" - Scripture juxtaposes damages to a human with damages to an animal; just damage to an animal is punished by monetary fine, so damage to a human is punished by monetary fine."

 (Mekhilta, Mishpatim Parasha 8: 90-91)

 

An Eye - Rav Saadya said, we cannot interpret this passage literally. For if a person struck his fellow's eye, causing him to lose a third of his eyesight, how can he possibly be smitten in an identical degree, neither more nor less? Perhaps he will lose all his sight. Even more difficult would be cases of burns, open wounds, and bruises; if they are in a critical place he may die, and this would be unacceptable to reason.

Said to him Ben Zuta: Is it not written elsewhere, As he has rendered a defect in another human, thus is to be rendered in him (Vayikra 24:20)?!

The Gaon replied to him: The Torah places [the letter] bet instead of the word al - "on"; the meaning is "so shall he be punished". [Saadya's argument is that whereas al would imply punishment 'on' the person's body, the letter bet implies 'so'].

Ben Zuta answered: "As he has done, thus is to be done to him" (Ibid., ibid.)

The Gaon replied: Samson said - As they did to me, so I did to them. (Judges 15:11), and Samson did not take their women and give them to others, he extracted remuneration.

Ben Zuta replied: And if the attacker was poor, [if punishment is monetary] what would his punishment be?

The Gaon answered: If a blind man blinds the eye of one who has sight, what can be done to him? A poor man may, in time, become wealthy and pay, but the blind man will never be able to pay.

The general rule is: We cannot interpret the Torah perfectly without recourse to the Sages. For when we received Torah from our ancestors, we also received the Oral Law, and there is no difference between them. If so, the meaning of eye for eye is that he is deserving of losing an eye for an eye, should he not pay compensation.

(Ibn Ezra on Shemot [the extended version], 21:24)

 

The Half-Shekel as a Metaphor for the Chasm Between the Infinite and that which is Demanded of Man

Rabbi Yehuda bar Simon said: Moses heard three things from the Almighty, was frightened, and recoiled. When God said And they shall make for Me a sanctuary, and I will dwell therein, Moses said: Master of the Universe, Behold, the heavens and the heavens of the heavens cannot contain you! He replied: "Moses, it is not as you imagine, but twenty boards at the north, twenty at the south, eight at the west, and eight at the east, and I will compress My Presence and I will dwell among you." And it is written, I will appoint-meeting with you there and I will speak with you.

And when He said: Command the Children of Israel and say to them: Of my near-offering, my food ...Moses said: "Master of the Universe, were I to gather all the animals of the world and all the cattle, they would not suffice for a single offering, and all the trees in the world would not supply a single fire, as is written: Lebanon is not fuel enough, nor its beasts enough for sacrifice!" He replied: "Moses, it is not as you imagine, but rather: You are to sacrifice one lamb in the morning, and not two together, because I neither eat nor drink [Literally, "there are neither food nor drink before me"]. Why? If indeed there were food before me, when you spent forty days and forty nights with, and food you did not eat, and if there were food before, you would have eaten. But a pleasing odor [means]: be punctilious in offering a pleasing odor." And when He said, "they are to give, each man, a ransom for his life", Moses wondered and asked, "Who can give full ransom for his life? For it is written The price of life is too high, and so one ceases to be, forever, A brother cannot redeem a man, or pay his ransom to God." He replied to him: "It is not as you imagine, but rather this shall you give, as this shall you give." Rav Huna said in the name of Rav, "Shaddai - we cannot attain to Him, He is great in power... (Job 37:23) The Holy One, Blessed Be He, does not inconvenience Israel. When Moses heard this, he proclaimed: Happy the people who have it so. (Psalms 144:15) and Happy is he who has the God of Jacob for his help (Ibid. 146:5)."

(Tanhuma, Ki Tissa, 10)

 

And you shall not mistreat a stranger, nor shall you oppress him: Lack of Protest can also be Counted as Oppression

After it said do not oppress in the plural, it said if you indeed oppress him [in the singular], for anyone who sees someone oppressing an orphan or a widow and does not come to their aid is also thought of as an oppressor. This is the punishment: if someone is oppressed and the other does not come to his aid, the punishment is inflicted on them all. That is why afterwards [it is written] My wrath will be kindled, and I will slay you [plural] with the sword - all of you.

(Ibn Ezra Shemot 22:20)

 

This notion, i.e., that non-action is also a kind of action, that everyone who is capable of protesting but does not protest is judged as a collaborator, is found frequently in Scripture, Mishnah, and the aggada. The author of the Ha'Amek Davar, who agrees here with Ibn Ezra, makes the paradoxical comment that the prophet makes a claim of this kind against the Holy One blessed be He. If He sees injustice and remains silent, even He is - so to speak - a collaborator with the wrongdoers. And Rabbi Abraham wrote that anyone who sees someone oppressing an orphan or a widow and does not come to their aid is also thought of as an oppressor. He is correct; this is fully supported by a verse from Isaiah (64:11): Concerning these will You restrain Yourself; will You remain silent and afflict us so very greatly? This means: In that You are silent You impose affliction.

(Ha'Amek Davar Shemot 22:22)

 

By restraining and remaining silent - You become - so to speak - one of our oppressors.

(Prof. Nehama Leibowitz z"l, Iyyunim le'Sefer Shemot, pg. 285)

 

All of the gates are locked except for the gates of mistreatment [ona'a]

(Bava Metzia 59b)

 

Except for the gates of mistreatment: Because it is the heart's sorrow and is wont to make tears fall.

(Rashi ad loc)

 

Our Rabbis taught: He who mistreats the stranger transgresses three negative commandments and he who oppresses the stranger transgresses two. What is the difference? Three prohibitions are written by mistreatment: And you shall not mistreat a stranger (Shemot 22); When a stranger sojourns with you in your land, you shall not mistreat him (Vayikra 19); you shall not mistreat one against his fellow (Vayikra 25) - the stranger is included under [the category of] his fellow.

Three passages refer to oppression as well: Do not oppress him (Shemot 23); do not oppress a stranger (Shemot 23); you shall not behave toward him as a lender (Shemot 22) - does that include the stranger? Rather, each of these is included in the three.

We learned - R. Eliezer the Great said: Why does the Torah warn us in thirty-six places - and some say forty-six - regarding the stranger? Because it may cause him to return to his old ways. Why is it written: Do not mistreat the stranger and do not oppress him for you were strangers in the land of Egypt? R. Natan said: Do not point out your own blemish in your fellow.

(Bava Metzia 59b)

 

Peace is Achieved through Proper Legal Processes and the Overcoming of Acrimonious Feelings

You established equity [meisharim] (Psalms 99:4). R. Alexandri said: You established straight ways [yesharot] in your world. Someone has a legal dispute with his fellow. They go to court together, accept the verdict, and make peace between them - that is what is meant by You established equity. Someone takes to the road and sees his fellow's ass crouching under its load, he goes and lends a hand, helping him load and unload [the beast]. They enter an inn and he says: "So he loves me, and I thought he hated me!" They immediately begin to converse with each other, and peace dwells between them. What brought peace to them, making them love each other? The fact that he observed that which is written in the Torah: When you see the ass of your enemy lying under its burden and would refrain from raising it, you must nevertheless raise it with him (Shemot 23:5) as it is written: Its ways are ways of pleasantness, and all of its paths are peace (Proverbs 3:17). You who worked righteous judgment in Jacob (Psalms 99:4), And these are the laws that you shall place before them (Shemot 21:1).

 (Midrash Tehillim 99)

 

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