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Mishpatim
"Might Through Justice"
Volume 24, No. 18
29 Shevat 5770
February 13, 2010
Sponsored by
Dr. and Mrs. Jules Meisler
in memory of Jules' mother Anne Meisler a"h
and sister Gladys Citrino a"h
Elaine and Jerry Taragin
on the yahrzeits of
Mrs. Shirley Taragin a"h,
Mr. Irving Rivkin a"h
and Mrs. F. Rivkin a"h
Dr. and Mrs. Robert Klein
on the yahrzeit of his father
Meyer ben Kalman, Milton Klein a"h
The Katz family
on the yahrzeits of
Yitzchak Zvi ben Chaim Hakohen Katz a"h
and Avraham Abba ben Avigdor Moshe Hakohen Katz a"h
Howard Benn and family
in memory of his mother Fay Benn
(Fayga bat Alter Yitzchak Dov a"h)
Today's Learning:
Nach: Yirrmiyah 39-40
Mikvaot 5:4-5
O.C. 417:1-418:2
Daf Yomi (Bavli): Bava Batra 176
Begin Sanhedrin on Sunday
Daf Yomi (Yerushalmi): Berachot 32
The Midrash Rabbah on this week's parashah opens with a verse from
Tehilim (99:4), "Mighty is the King Who loves justice." The midrash
continues: When does G-d show His might? When He judges the idolators
[who oppress the Jewish People, as illustrated by the fate of
Nevuchadnezzar, the Babylonian king who destroyed the first Bet
Hamikdash]. "Might" belongs to the King of kings, and He loves "justice"
and has handed it over to Yisrael, who are His beloved. What is meant by
the continuation of the verse: "You founded fairness"? Through the
justice that You have given them, they fight with each and then practice
justice and make peace among themselves. [Until here from the midrash]
R' Yitzchak Ze'ev Yadler z"l (1843-1917; Yerushalayim) explains: The
midrash wishes to explain why our parashah--which presents the civil law--
begins with the word, "V'eileh" / "And these." The Torah is warning us
that even when a person knows that halachah is on his side--for example,
if he sees his belongings in someone else's possession--he should not take
the law into his own hands (except in special circumstances where halachah
permits self-help). Therefore the Torah emphasizes, "These are the laws."
The midrash confirms this by demonstrating that even though Hashem is the
King of kings and has the might to do as He pleases, He loves justice and
He practices it.
Why, in fact, does G-d act this way? Why are the oppressors of the
Jewish People not struck down in summary fashion? R' Yadler explains that
Hashem hides Himself so that man will have free will to decide whether to
believe in Him and serve Him. (Tiferet Zion)
********
"If the servant shall say, `I love my master, my wife, and my
children -- I shall not go free.' Then his master shall bring
him to the court and shall bring him to the door or to the
doorpost, and his master shall bore through his ear with the awl,
and he shall serve him forever." (21:5-6)
Rashi z"l explains: Why is the ear pierced rather than any other limb
of the servant's body? The sage Rabban Yochanan ben Zakkai said: "That
ear which heard on Har Sinai (Shmot 20:13), `You shall not steal,' yet its
owner went and stole and was therefore sold as a slave, should be pierced!
Or, in the case of him who sold himself from destitution, having committed
no theft, the reason is: The ear which heard on Har Sinai that I said
(Vayikra 25:55), `For to Me Bnei Yisrael are servants,' yet its owner went
and procured for himself another master, should be pierced!"
R' Chaim Yaakov Goldvicht z"l (1924-1995; founder and rosh yeshiva of
Yeshivat Kerem B'Yavneh) elaborates: It appears that it is specifically
the sense of hearing which the slave in our verse has failed to use to its
fullest potential. This may be understood in light of the words of
Rabbeinu Yonah z"l (Spain; died 1263), who writes in his work Sha'arei
Teshuvah (II:12):
Our Sages have taught that the ear is the most notable of all the
limbs of the body. If one were to blind another person, he would
have to pay his victim for his eyesight. In contrast, one who
deafens another person must pay his victim's entire worth. Why?
Because the ear is the body part through which one hears rebuke.
The midrash states: "If a person falls off a roof and breaks all
of his bones, he would need a cast for his entire body. However,
if a person sins with all of his limbs, he needs only a healthy
ear in order to be cured, as the verse says (Yeshayah 55:3),
`Incline your ear and come to Me; listen and your soul will be
rejuvenated'."
The ear, of all of the organs, is associated with learning, knowledge
and understanding, R' Goldvicht observes. Thus, the verb "li'shmoa" means
"to hear," "to obey" and "to understand." In the same vein, when the
Torah describes the difference between the high level of Moshe Rabbeinu's
prophecy and the lower level of all of the other prophets' prophecy, it
says that Hashem spoke to Moshe "mouth-to-mouth" (i.e., Moshe "heard"
Hashem's "voice"), whereas other prophets only "saw" visions. (Haggadah
Shel Pesach Asufot Maarachot p.146)
********
"If a fire goes out and finds thorns, and a stack of grain or a
standing crop or a field is consumed, the one who kindled the
fire shall make restitution." (22:5)
R' Moshe Chaim Luzzato z"l (Ramchal; 1707-1746; best known as the
author of Mesilat Yesharim, but also one of the most important kabbalists
in history) writes: Know that the Torah's secrets are like fire in that
one who gets too close will be injured. The "thorns" in our verse are
those people who are unworthy of knowing kabbalah. Just as fire consumes
thorns and thistles, so the Torah's secrets do great harm to those who
should not know them. `A stack of grain" refers to Talmud, whose content
must be sifted through to discover the halachah, just as grain must be
sifted. "A standing crop" refers to mishnah, in whose merit the Jewish
People will "stand" at the time of the redemption. "A field" refers to
the Five Books of the Torah, which contain everything, just as the stack
of grain and the standing crop are found in a field. Even a person who
has studied chumash, mishnah and Talmud may be unworthy of studying
kabbalah and therefore may be "consumed" by its "fire." Who will be held
accountable? The "one who kindled the fire"--the irresponsible teacher.
(Otzrot Ramchal)
********
"If you see the donkey of someone you hate crouching under its
burden, would you refrain from helping him? -- you shall help
repeatedly with him!" (23:5)
Commentaries ask: About whom is this verse speaking? Is a Jew
permitted to hate another Jew? They explain that it refers to a Jew who
you witnessed committing a sin and who you are therefore permitted to
hate.
Even so, writes R' Moshe Cordervero z"l (Remak; 1522-1570), it is
preferable not to hate such a person. We are taught to emulate Hashem,
and one of His Thirteen Attributes of Mercy is "Lo he'hechezik la'ad apo"
/ "He does not hold on to His anger forever." Even when a person
continues to sin, Hashem withholds His anger and is not quick to punish;
rather, he awaits the sinner's repentance.
Likewise, R' Cordevero writes, even when we have the right to harshly
rebuke another person or our children, we should subdue our anger. Even
though we are permitted to hate a sinner, the Torah teaches us to help him
with his struggling animal in order to draw him close, for maybe that is
what will cause him to repent. (Tomer Devorah: midah 5)
R' Mordechai Scheinberger shlita (Yerushalayim) writes: This requires
explanation, for if we are permitted to hate a sinner because he has
disobeyed G-d and we are standing up for G-d's honor, then why should we
not hate him? Indeed, what right do we have not to hate someone who has
betrayed G-d?
The answer lies in the last phrase of Remak's statement: "Help him
with his struggling animal in order to draw him close, for maybe that is
what will cause him to repent." We do not draw him close because it is a
humane thing to do or because we love all people, but specifically in the
hope that he will change his ways. (Va'yomer Moshe al Tomer Devorah)
********
"Na'aseh ve'nishma" / "We shall do and we shall hear." (24:7)
R' Elazar Azkari z"l (Turkey and Tzefat, Eretz Yisrael; 1533-1600)
cites this verse as the basis for putting on tefilin before reciting
Shema. He explains: The source for the mitzvah of tefilin is found in the
first two paragraphs of Shema. "Na'aseh" / "We shall do"--performing the
mitzvah--must come before "Nishma" / "We shall hear"--i.e., reciting the
verse which contains the mitzvah. (Chareidim Al Yerushalmi: Berachot 2:3)
*********
"The appearance of the glory of Hashem was like a consuming fire
. . ." (24:17)
R' Shlomo Kluger z"l (1784-1869; rabbi of Brody, Galicia) notes that
it is only Hashem's "appearance" which is fearsome like fire. His true
"essence" is Kindness. (Kohelet Yaakov: Rosh Hashanah p.4)
********
"Shamor V'zachor"
"Shamor and zachor - in a single utterance the One and Only G-d
made us hear." (From the Friday Night prayer Lecha Dodi)
Commentaries ask: Why did R' Shlomo Alkabetz z"l (1505-1584), the
author of Lecha Dodi, place "shamor" before "zachor" when they are in the
opposite order in the Torah?
At first glance, one might answer that he did this so that the
acrostic of the poem would spell his name, "Shlomo Halevi." However,
writes R' Baruch Epstein z"l (1860-1941; author of the chumash commentary
Torah Temimah), this answer is untenable. Firstly, R' Alkabetz was a
noted kabbalist who is said to have experienced ruach hakodesh, and he
should not be presumed to have deviated from the verses based on personal
considerations. Secondly, he could have written, "Shabbat kodesh b'zachor
v'shamor b'dibur echad . . ." / "The holy Sabbath was presented to us with
zachor and shamor in one utterance . . . ," thus beginning with the letter
"shin."
Rather, R' Epstein writes, R' Alkabetz may have been alluding to the
midrash cited by Ramban which states that "zachor" refers to the daytime
and "shamor" refers to the nighttime. Thus, "shamor" precedes "zachor" in
practice. (Baruch She'amar)
Why in fact does "zachor" refer to the daytime and "shamor" to the
nighttime? The work Likrat Kallah (an anonymous collection of
commentaries on Lecha Dodi) explains: Our Sages say that zachor alludes to
the affirmative commandments of Shabbat (e.g., kiddush) while shamor
alludes to the negative commandments (e.g., not working). Affirmative
commandments are associated with ahavat Hashem / love of G-d, while
negative commandments are associated with yirat Hashem / fear of G-d.
Likewise, daytime is associated with ahavat Hashem, while nighttime is
associated with yirat Hashem.
The editors hope these brief 'snippets' will engender further study
and discussion of Torah topics ('lehagdil Torah u'leha'adirah'), and
your letters are appreciated. Web archives at Torah.org start with 5758 (1997) and
may be retrieved from the Hamaayan page.
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