Parshas Mishpatim

Shemos

 

The Ubiquitous Schools of Thought

This week's Parsha pays much attention to the halachos concerning thieves and the penalties for their crimes. We are instructed as to how to deal with the Jewish bondsman, a thief sold by Beis Din to raise funds to pay his victims. In addition, the laws of "kaifel" (double restitution) are introduced, as well as four or five-time restitution for stealing livestock. The question that arises is whether there is anything positive that we can learn from a thief? "Ben Zoma says, 'Who is truly wise? One who can learn from all men, as it says (Tehillim 119, 99), "I have been edified from all my teachers'" (Avos 4,1)." The art of learning from all men is not relegated only to the righteous, but to the contrary, one can even learn from those who err. This is evident from the Gemara in Sota 2b. "Rebbi asks, 'Why is the Parsha of Nazir juxtaposed to the Parsha of Sota? To teach us that one who is witness to the Sota in her state of degradation should be inspired to become a Nazir." Instead of recriminating the Sota for her egregious sin, one should instead internalize the lesson of the downfall of this sinful woman and create realistic ways to ensure one does not fall prey to her very sin. By becoming a Nazir and separating from wine, which precipitated her sin, one turns the shameful experience of the Sota into an edifying and beneficial experience.

The Chassidic master, Rebbi Simcha Bunim of Parshischa, therefore taught three valuable lessons to be gleaned from thieves.
1) A thief is not lazy. No matter what the hour is or how inclement the weather, a thief will manage to overcome these minor interferences.
2) A thief will not be discouraged if he fails on his first attempt. He perseveres and makes numerous attempts until he finally succeeds.
3) No heist is too small or insignificant in his eyes, utilizing every opportunity to amass his illicit fortune.
A servant of Hashem should learn from the thief never to be lazy, discouraged or unexcited about the slightest opportunity to fulfill our obligation of Torah, Tefillah, and loving-kindness.
Parenthetically, the story is told that while the Chiddushei Harim and Rav Moshe Michel of Biala were analyzing a difficult Tosfos, the Kotzker glibly commented, "According to the “Vilna Ganav”, the Tosfos can be easily understood." When the two asked the Kotzker why he referred to the illustrious "Vilna Gaon" zt"l as a "ganav", he replied, "When Moshe Rabbeinu ascended to Heaven to receive the Torah, a number of "souls" stealthily hid under Moshe's talis and were privy to hear the entire Torah directly from the Almighty. The Gaon of Vilna was one of these souls!" (Amud HaEmes pg 249)

The Sefer "Eser Oros" quotes the Mizritcher Maggid that one can learn three valuable lessons from children.
1) Children are always happy.
2) Children never sit idly but rather, always find something with which to occupy themselves.
3) If they don't get what they want, they cry!
These wonderful qualities are essential for spiritual growth: simcha, constructive utilization of one's time, and the achievement of the blessings of life by harnessing the efficacy of heartfelt and tearful prayer. The story is told that when the great Gaon, Rav Baruch Ber Leibowitz, was a child of five, his father disciplined him and caused little Baruch Ber to cry. Immediately, the lad went to the corner and opened his siddur in prayer. He later explained to his father, that once he was already crying, he wanted to utilize his tears constructively, and immediately went to daven.

The sweet singer of Israel, Dovid Hamelech, writes in Tehillim (104:24), "The earth is full of Your possessions". There are those who understand his words to mean, "The world is full of opportunities with which to possess and acquire Hashem." Instead of finding fault with the ubiquitous blunders of life, one should instead use every opportunity to grow and become wiser from all that we see and experience.

 


The Darkness of Enlightment

Maimonides tells us in the sixth chapter of Hilchos Daos, "It is natural to be influenced, in sentiments and conduct, by one's neighbors and associates, and observe the customs of one's fellow citizens. Hence, a person ought constantly to associate with the righteous and frequent the company of the wise, so as to learn from their practices, and shun the wicked who are uncontrolled, so as not to be corrupted by their example. So Shlomo said, "One who walks with the wise will grow wise, but the companion of fools will be broken (Proverbs 13:20)." HaRav Yaakov Yosef of Polnoi zt'l points out in his Toldos Yaakov Yosef, that the Almighty's enjoinder to Avraham Avinu to "Go for yourself from your land, from your relatives, and from your father's house" (Breishis 12:1), encouraging Avraham to remove himself from the decadence of his homeland and family, reflects Maimonides’ axiom of the dangers of adverse influence. The Mishna, too, clearly conveys the effect of negative influence. "Woe to the wicked and woe to his neighbor (Nigaim 12:6)" This week's Parsha, however, reveals a strange twist in the process of negative influence.

Rashi quotes the Midrash on the Pasuk, "And these are the ordinances that you should place before them (Shmos 21:1)" ".Litigation must be brought before Jewish judges, specifically, and not before the gentile courts, even if their laws and verdicts are consistent with Torah law. This is so, for turning to the gentile courts gives preeminence and distinction to their pagan gods." HaRav Dovid Puvarsky zt'l, Rosh Yeshiva of Ponovezh, explains with a Midrash. "Shimon ben Shetach purchased a donkey from an Arab merchant and found a valuable gem hidden on the animal. The Sage insisted on returning the precious stone - to which the Arab reacted in praise, "Blessed is the G-d of Shimon ben Shetach" (Midrash Rabbah, Devorim 3:3)." The benevolent deed of Shimon ben Shetach forced the Arab to recognize Shimon ben Shetach's inspiration, which was none other than the Almighty Himself. Thus, points out Rav Puvarsky, an enlightened and positive act has a powerful influencing effect, by raising the prestige of its benefactor. Therefore, here, too, when the gentile court legislates according to the just and enlightened ways of the Torah, this will raise the prestige of their gods in the eyes of the litigants. This opens up new doors in our vigil against negative influence. Although we must be protective of the deleterious effect of corruption and sin, we must be even more careful to distance ourselves from evil men who perform good deeds!" Just as the Arab was taken by the good deed of Shimon ben Shetach, we can, G-d forbid, be taken by the good deeds and just verdicts of the pagan courts and proclaim, "Blessed are the pagan gods of the gentile courts."

In The Living Hirschian Legacy, Rav Shlomo Danziger writes how he cautioned his children when attending University, "Take courses, not apikorsus." According to what we have learned, one must also be careful to steer away from a professor who is personally an apikorus, even if everything he teaches is 100% Glatt Kosher. A strong possibility exists that the veracity and sensibility of his teachings can engender emulating the "apikorus" himself. The story is told of an itinerant preacher who classically spouted apikorsus, but upon his arrival in the city of Brisk, promised sincerely to only speak truthful words of Torah. Rav Chaim Brisker zt'l responded to this request, "Kosher meat which is cooked in a treif pot, is also prohibited."

Thus we have clearly highlighted the great challenge of living in our just and benevolent American Galus. It is the very positive and enlightened ways of our indigenous Gentile neighbors that can adversely affect us the most!