Parshas Mishpatim
Beyond the Letter of the Law
There is a concept in Jewish law and life that is called "lifnim
meshurat
hadin" - to enter an area beyond the letter of the law. In old English
Common Law, there was a parallel legal system to the English courts
known as "equity." It was meant to
correct the sometimes-unavoidable moral injustices that could be
caused by
the strict application and narrow construction of the rules of
traditional law and justice. In the Torah reading of Mishpatim we are
told
the laws and the legal system of Israel. But in 'Parshat Yitro' we
were
first commanded to do "observe the laws and the teachings (of the
Torah)
and to be taught the path upon which to walk and the behavior that
they
should follow." The Midrash states that the phrase "the behavior that
they
should follow" refers to this concept of "lifnim meshurat hadin" -
doing
more than what one may be held strictly, legally, liable to do. Even
though, at first glance, this concept appears to be one of
super-righteousness, the Talmud defines this concept as one of legal
and
societal necessity and not solely one of piety and saintliness.
The Talmud relates to us an instance when a well-known rabbi and
scholar
hired day laborers to move barrels for him. The workers were
apparently not
up to the task, for many of the barrels fell from their hands and
shattered
in the process of being moved from one place to another. The rabbi was
justly disturbed by this turn of events and in order to protect
himself in
his claim for monetary damages against the workers, he confiscated
their
coats and cloaks. The workers objected to this seizure of their
personal
property and they, together with the rabbi/employer, appeared before
the
rabbinic judge of the town to have the matter adjudicated. The judge
ordered the employer to return the seized clothing to the laborers.
The
rabbi/employer asked the judge, "Is that the law?" The judge replied,
"Yes,
that is the law!" The workers, heartened by this initial victory, then
asked the judge to order the rabbi/employer to pay them their wages -
to
pay them for their time spent during the day in his employ. The judge
did
as they requested and ordered the employer to pay them the wage agreed
upon. The rabbi/employer complained again, "Is that the law?" The
judge
reiterated his decision and said firmly, "Yes, that is the law. It is
the
law of "lifnim meshurat hadin" - of doing what is moral, even if the
technicalities of the law do not require it."
The commentators to the Talmud explain that the employer was held to
the
standard of "lifnim meshurat hadin" being that he was a well-known
Torah
scholar and public figure. As far as he was concerned, "lifnim
meshurat
hadin" had become the actual din, the law itself!
There is another concept in Torah, enunciated by Rabbi Moshe ben
Nachman -
Ramban - of sanctifying one's self by refraining from acts which are
legally permissible to one but do not engender a sense of holiness and
Godly service. Thus, there is room to legitimately follow a higher and
stricter sense of kashrut than the basic one that renders the food
kosher.
One can refrain from physical pleasures that the Torah allows, if one
feels
that those pleasures will interfere with the quest for greater
spiritual
growth and that they will weaken eventual adherence to Torah
discipline. If
this concept of self-sanctification is true, as it is, in the realm of
the
observance of commandments and personal behavior, the concept of
"lifnim
meshurat hadin" is its natural companion in the realm of business and
inter-personal relationships. It is the means of self-sanctification
in the
mundane and everyday world of commerce, labor, traffic and shopping.
The
Rabbis of the Talmud warned us that society could not long exist and
prosper in an atmosphere where everyone insists on one's rights to the
letter of the law. Courtesy, sensitivity to the feelings and needs of
others, the ability to be non-judgmental about others and their
apparent
behavior, are all aspects of this great concept of "lifnim meshurat
hadin."
This is especially relevant to our current Jewish world (and to the
general
world that we live in as well) where there is an acute shortage of
this
necessary Torah attitude. In our democratic societies, where we pride
ourselves on the strength of the rule of law, we would be wise to
realize
that there always is a higher rule of law that is demanded of us. It
is
only that higher rule of law - "lifnim meshurat hadin" - that
guarantees
the social harmony of society and allows for a full vision of the
peaceful
human society that the Torah envisions for humankind.
Parshas Shekalim
The Talmud tells us that in Temple times the collection of the
half-shekel "tax" for the support of the Temple services began with
the
entrance of the month of Adar. Therefore, this coming Shabat is called
Shabat Shekalim in remembrance of that fact of ancient Jewish history.
The
half-shekel was to be assessed "b'shekel hakodesh," by the standard of
the
holy shekel. The Talmud describes to us in great detail the actual
amount
of silver required in coin to meet the standard value of the holy
shekel.
But the Talmud indirectly reminds us that part of the task of Judaism
and
therefore of necessity of its adherents, the Jews, is to somehow
invest a
sense of holiness into the shekel - into otherwise grubby money.
According
to Midrash, Moshe was shown a holy shekel of fire on Sinai. The Jewish
understanding of the symbolism of fire has always been that fire is
ambivalent - it can burn and destroy or it can light and warm. So too
with
money. Money can accomplish great good and it also is able to bring
about
great evil. It can build hospitals and schools and help the needy or
it can
wreck personal character and corrupt society, government and industry.
It
finances war and causes violence and cultivates crime and yet it can
just
as well succor the widow and orphan and save the helpless from
disaster.
Thus the idea of "shekel hakodesh" exists in our world as strongly as
it
did in the times of the Temples in Jerusalem. To take the ordinary
shekel
and transform it into the "shekel hakodesh" is the mission of Torah
and
Israel.
There is an entire section of Shulchan Aruch (the Code of Jewish Law)
devoted to money and the task of transforming it into the "shekel
hakodesh." There are many volumes of Talmud devoted to this issue as
well.
Judaism sets a minimum standard of human behavior regarding monetary
matters that is recorded in these legal tomes. But it also sets a
standard
of moral behavior that though legally unenforceable is nevertheless
necessary in order to attempt to create a more just society - in
short, in
order to raise money to the level of "shekel hakodesh." This moral
standard
regarding money is called "lifnim meshurat hadin" - above the minimum
face
of the law itself. The Talmud saw that one of the spiritual causes of
the
destruction of the Temples was the lack of willingness to behave
"lifnim
meshurat hadin." People insisted on their legal rights and were not
willing
to accommodate others even when morally obligated to do so. A society
that
does not allow for a moral code of law to accompany the strictly legal
code
of law eventually turns corrupt and rotten and dooms itself to
destruction.
The Talmud is replete with examples of "lifnim meshurat hadin" in
monetary
matters. Money is a great test in life. The rabbis of the Talmud held
monetary probity in such high and necessary esteem that groups of
people
(such as shepherds, for example, who usually grazed their herds on
other
people's property) who had bad reputations as far as money was
concerned
were held to be unacceptable as witnesses in Jewish courts of law. A
great
rabbi once told me that it is far easier to have glatt kosher meat on
one's
plate than to have glatt kosher money in one's pocket. Sadly, he was
right
in that assessment. Shabat Shkalim comes to remind us about glatt
kosher
money.
Judaism has always stressed the importance of imparting knowledge to
its
children. But it has stressed even more the teaching of values. In
current
world society, we speak of the value of money in purely economic and
social
terms. But there is a value of money in spiritual and holy terms as
well.
And it is that value of money - the "shekel hakodesh" value - that
needs to
be addressed in the education of our children and in our own personal
and
national life. Throughout Jewish history, movements arose to help
cleanse
the money of the House of Israel from immorality and cupidity. The
Mussar
movement that originated in Jewish Lithuania in the nineteenth century
did
wonders in developing a "shekel hakodesh" attitude amongst its
adherents.
The influence of the Mussar movement was widely felt throughout Jewish
society. To a certain extent, even the secular Jewish labor
organizations
of the late nineteenth and early twentieth centuries also were trying
to
achieve a "shekel hakodesh" attitude and society, being still based
upon
the Torah rules and attitudes regarding money that were part of the
Jewish
psyche and soul over the ages. Improving our attitude towards money is
a
vital step in rebuilding ourselves spiritually and morally and
refocusing
our attention towards creating a more just society.
Shabat Shalom.
Rabbi Berel Wein
Text Copyright © 2004 Rabbi Berel Wein and
Torah.org.
