Hamaayan/The Torah Spring Edited by Shlomo Katz Parashat Mishpatim Volume VI/Number 18 (252) 27 Shevat 5752/February 1, 1992 Parasha Overview In last week's Parasha we read that Bnei Yisrael could not bear to hear Hashem's voice, for it was too awesome and terrifying for them. The Parasha concluded with the commandment not to build steps up to the altar, a Mitzvah which may symbolize the prohibition on approaching too close to that awesome Being - Hashem (see last week's Hamaayan). However, lest we think that Torah observance is therefore beyond us, this week's Parasha begins, "These are the laws that you shall place before them." The laws of this Parasha demonstrate that serving Hashem is as much a matter of observing "common sense" civil laws ("Mishpatim") defining relationships between individuals, as it is a matter of dealing with the mystical elements of Torah. However, lest we go too far and think that being a good Jew is entirely a matter of observing Mishpatim, the end of our Parasha returns to the story of "Matan Torah" (the giving of the Torah) and Bnei Yisrael's experience there. This story helps us to define our relationship with Hashem, an equally important part of observing the Torah. (Bedibur Echod) When one observes the laws of interpersonal relationships, one is serving Hashem, for inherent in these Mishpatim is the statement: "I can afford to deal civilly and fairly with my neighbors, for everything I need is provided by Hashem. I will not become richer by cheating or stealing, and I will not become poorer by paying my debts and helping others." Also, a person serves Hashem by unswervingly adhering to the Mishpatim, because a person thereby states, "I recognize that our laws are not like the laws of other nations. Their laws may be enacted by the legislature one day and repealed the next, but ours are enacted by Hashem and are eternal." (This is why the Torah frowns upon Jews suing each other in a civil court, even when that court would reach the same result as a Bet Din. The result may be the same, but not the origin of the law, and Hashem's honor is thereby demeaned.) (Yalkut Lekach Tov) The largest portion of the Haftara (Yirmiyahu 34:8-22; most communities add 33:35-26; Yemenites add instead 35:1-19) relates to the Parasha by describing Hashem's anger at some people's inhumanity to their poorest brothers. When the Babylonians were at the gates of Yerushalayim and all of Bnei Yisrael experienced briefly the taste of slavery, King Tzidkiyahu convinced all of his subjects to free their Jewish slaves and to treat all men with more compassion. However, no sooner had the Babylonians retreated (temporarily, it turned out), when the wealthiest citizens of Yerushalayim were again enslaving the poorer ones. The verses which are added to the Haftara (especially 33:25 - "If my covenant [i.e. the Torah] is not kept day and night, I would not have brought into being the laws of [nature]") are perhaps placed there to remind us that when there is injustice, no matter how "religious" we are otherwise, the Torah is not being kept as Hashem intended. ************************************ "When a person will open a pit ('Bor') or when he will dig a pit..." (21:33) The Vilna Gaon notes that the first occurrence of the word "Bor" in this verse "Malei" ("full" i.e. with the letter "Vav"), while the second is not. This can be understood with reference to the two ways that one can become liable for digging a pit which causes a death: Digging a pit which is ten "Tefachim" (30"-40") deep (or uncovering an existing pit) or extending a pit which is not now ten Tefachim deep until it is. If a person digs a pit, the pit is "Malei" - it is fully his. However, he is also liable if the pit if not "full," i.e. if he found an existing pit and merely dug it deeper. (Kol Eliyahu) ************************************ "If a person shall steal...." (21:37) R' Simcah Bunim said: We can learn three things from a thief. He never rests, even at night; if he fails once, he tries again; and no job is too small to work on. In the name of the "Maggid of Mezeritch" it is said: We can learn three elements of Divine service from a child: He is always happy; he is always busy; and if he wants something, he cries. (Iturei Torah) ************************************ "Do not take bribes...." (23:8) A widow once appeared before R' Yehoshua of Kutna, and with tears in her eyes, sh asked him to sit on a court that would judge between her and a neighbor. R' Yehoshua refused. "A widow broken- hearted tears," he said, ""have the same effect as bribery." (Ma'ayanah Shel Torah) ************************************ "When you lend money to my nation, to the poor person with you....(Sh'mot 22:24) The "Chafetz Chaim" writes: One is obligated to make loans to the extent that his means permit. This is particularly true if the person requesting the loan is poor, and your help will save him from bankruptcy. In fact, Rambam lists this as a form of charity. The Mitzvah of making a loan must be done in the same way that one gives Tzedakah, i.e. with a pleasant expression, and not grudgingly. In Avot De'rabbe Natan (a Midrash) we read: "Welcome every person with a pleasant countenance. If a person gives his friend all the gifts in the world, but scowls at him, the Torah views it as if he was given nothing." When making a loan or doing a favor, one should ask himself, "How would I want to be treated if I needed a favor?" Rashi comments on the above verse ("[T]o the poor person with you"), "Imagine that you are with him," i.e. that you need a loan." If one is financially unable to make a loan, the laws of Tzedakah again tell us how to behave. Don't raise your voice or show anger to the person who knocked at your door. Rather console him with gentle words, for Avot De'rabbe Natan also teaches, "If a person welcomes his friend with a smile, even if he [can] give him nothing, the Torah views it as if he has given all of the gifts in the world." With what intentions should this Mitzvah be done? Chazal teach that if one gives a coin to charity with the intention that his sick child be healed or that he be rewarded in the World-to-Come, his Mitzvah is still considered perfect. The same applies to making a loan. (Of course, it is always better if the Mitzvah is done with no ulterior motive.) Even if a person's intention is only that Hashem should bless his business ventures or that he should achieve honor, such a person should not refrain from performing the Mitzvah. Chazal teach that by doing Mitzvot for the wrong reasons, one will eventually come to do them for the right reasons. (Ahavat Chessed, II, ch.32) ************************************ The Rescue of the Mir - Part II The Yeshiva's journey out of Europe was made on the Trans- Siberian Railroad, the same railroad which transported 200,000 Polish Jews to Siberian labor camps. The Yeshiva students, however, as paying passengers, were afforded all of the luxuries that the railroad had to offer. Torah study did not cease on this long journey. A non-Jewish passenger recalled that these "strange" passengers spent all day arguing - albeit in a friendly manner - about the contents of several large books (Y. Leitner, Operation Torah Rescue, p. 68). Many of these discussions centered around the difficulty of Shabbat observance, and their participants included such renowned scholars as R' Chaim Shmuelevitz, R' Yechezkel Levenstein, R' Reuven Grozovsky and R' Aharon Kotler. Another miracle occurred in the Russian province of Birobidzhan, a semi-autonomous Jewish homeland set up by Stalin near the Chinese border. When the train stopped there, many Yeshiva students wandered away from the train station in search of Jews, and were arrested. However, instead of being imprisoned as law breakers, they were put on a plane to catch up with the train which had in the meantime departed. After a difficult sea voyage, the refugees arrived in Japan. Despite that nation's alliance with Nazi Germany, the Yeshiva students were well treated. This is even more remarkable because the Dutch governor of Curacao announced his intention not to honor the refugees visas, thus making the Yeshiva's Japanese transit visas de facto end-visas. During this period the Yeshiva benefitted from the friendship of a remarkable individual: Professor Setuso Kotsuji, a scholar of semitic languages, the personal secretary to the foreign minister, and a distant cousin of the Emperor. Professor Kotsuji later converted to Judaism, and is buried in Yerushalayim. Eventually, however, the Japanese government grew impatient with these stranded refugees, and three months before Pearl Harbor, they were deported to Shanghai, China. This, too, turned out to be a hidden blessing. TO BE CONTINUED ************************************ The learning schedule for this Shabbat is: Daily Mishnah Kelim 16:8-17:1 (Learn two Mishnayot every day) Daily Halacha Orach Chaim (Mishna Berura) 338:2-4 (Learn three paragraphs each day) Daf Yomi Beitzah 40 (Learn two sides of a page each day) Start Rosh Hashana on Sunday) Shmirat Halashon: "Asin" 1-2 or Guard Your Tongue: L.H. 8:6-7 Rambam Chapter/Day: Hilchot Mechirah - Chapter 15 3 Chapters/Day: Hilchot Matanot Aneeyim - Chapters 2-4 Sefer Hamitzvot Sh:P121,N211,P123,N212; Su:P124,N213,P122,N214; M:P130,P195,N232 Tu:P126,P129; W:N154; Th:N133,N134; F:N135,N136 ************************************ This weeks hard copy distribution of Hamaayan is sponsored by: Dr. and Mrs. Jerry Taragin on the Yahrzeits of Mrs. Shirley Taragin and Mr. Irving Rivkin ************************************ SPECIAL GIFT OFFER For a limited time only, all Hamaayan sponsors will receive free of charge (upon request) a diskette copy of all of last year's issues of Hamaayan. Sponsorships begin at $18.00