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Parsha Mishpatim   מִּשְׁפָּטִים

2/9/2024

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​The opening sentence in Parshat Mishpatim is V’Ayla Hamishpatim asher tasim lifnayhem.  Translated to:  "AND, these are the rules that you should set before them."  The Vav, and, connects this parshah to the previous one, Yitro, wherein we have the giving of the Ten Commandments.

Mishpatim serves to TEACH US THAT the statutes given after the "Ten Big Ones" are just as important and were also given to all of us at Sinai.  In fact, the Decalogue is bracketed by more seemingly mundane laws, before and after. The Rabbis liken this to a Queen being protected by bodyguards in front and in back. 

The matters discussed in Mishpatim are crucial to the establishment of a moral society.  A saying goes: Three things hold up the world, Truth, Justice and Peace. Moses’s merit is that He is enjoined to arrange these laws, that YOU should set forth before them, likened to a table fully set for the diners. The medieval compendium of Halacha is therefore appropriately entitle the Shulchan Aruch, the Set Table.

Among the matters covered in the Parshah are:

Treatment of Hebrew Slaves
Unintentional murder
Premeditated murder
Cursing parents and judges
Lex Talionis  --  an eye for an eye
Witchcraft
Treatment of strangers, enemy’s animals, widows and orphans
Bribery of officials
Bailments
Also, monetary transactions, being a good creditor, that is, not acting like a creditor.  Many stories are told of good Jews avoiding those they have lent money to in order not to embarrass them!

The prohibition of charging any interest at all to fellow Jews. I remember my father, alawv hashalom, an accountant, would head the Free Loan Society for his schul. Every schul had one and many still do.  He would do business at our apartment and not allow us kids to see who was at the door.  The Hebrew word for interest neshech is likened by Rashi to Kinsheechat, the bite of a snake.  The snake bites someone’s foot and the wound goes unnoticed until the venom reaches the person’s head. Suddenly, the entire body is swollen and overburdened. Anyone who gets a monthly Mastercard statement can relate!

One more interesting instruction is the taking of collateral for a loan-permitted, but we are told, If you take your fellow’s garment as security, before sunset shall you return it to him. For it is his clothing, it is his garment for his skin –in what should he lie down? So it will be that if he cries out to me, I shall listen, for I am compassionate.

 A commentary likens the creditor’s actions to God’s. He must continue to return the collateral daily to the debtor.  God is in effect asking, how much do you owe me? And see for yourself that your soul ascends to me each AND EVERY NIGHT AND GIVES AN ACCOUNTING OF ITSELF AND YET I RETURN IT TO YOU every morning-as we thank God in the morning, sheh hehchezarta lee nishmati, that you have returned my soul to me.

 This same mitzvah is discussed in D’varim and the description there is: That he may sleep in his cloth and bless you and it will be for your merit before God.

Because God is compassionate, we are commanded to be compassionate, even and especially in our business dealings. 

May we all strive to fulfill these mitzvot.
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