PARSHAS MISHPATIM | 29 SHEVAT 5770 | 13 FEBRUARY 2010

Parsha Perspectives
‫כל אלמנה ויתום לא תענון אם ענב תענה אתו‬
OZER ALPORT

to the door and released her balloon

skyward.
‫אם צעק יצעק אלי שמע אשמע צעקתו‬
The mother, embarrassed at her daughter’s
“You shall not cause pain to any widow or orphan. If you [dare to] cause him pain – apparent lack of appreciation, proceeded to
for if he shall cry out to Me, I shall surely hear his outcry.” (Exodus 22:21-22) lecture her about the need for respect and
gratitude. The innocent girl looked up at her

T he Mishnah in Ethics of our Fathers (Pirkei Avos 3:17) teaches that

“without derech eretz (literally “the way of the land,” but
traditionally used to refer to proper conduct and behavior as defined
by the Torah), there can be no Torah, and without Torah, there cannot be
derech eretz.” This statement seems to present an enigmatic catch- 22
mother, and through a tear-stained face
managed to explain her actions: “Daddy
didn’t get one.”
Although any humane person would
naturally feel compassion at the plight of a
poor widow or orphan, the Kotzker Rebbe,
Rabbi Menachem Mendel Morgenstern
regarding the initial attainment of both Torah and derech eretz. (1787-1859) explains that the Torah is
coming to open our eyes to a finer sensitivity
which we are expected to internalize and
In his commentary on this Mishnah, verse! What lesson is the Torah coming to strive to reach. Our verse uses three double
Rabbeinu Yonah of Gerona (1180-1263) teach us? expressions to alert us that the pain of
resolves the apparent contradiction by widows and orphans is twofold. The Kotzker
An insight into these seemingly superfluous
explaining that the Mishnah is discussing two Rebbe explains that in addition to the natural
words may be gleaned from a powerful story
distinct types of derech eretz. The first hurt of the slight or insult which would be
I once heard. A young father and husband
derech eretz refers to what is commonly felt by any person, the cruel treatment
suddenly passed away one spring day. As his
known as essential good manners and reawakens deep wounds by causing them to
widow struggled to put the family back
interpersonal skills, which one must possess think that if only their beloved father or
together and reassure the orphans, she was
as a prerequisite to beginning to study Torah. husband was still alive, he could come to
determined to make the upcoming holiday
The second derech eretz refers to an their defense. The intense cries which result
of Passover as beautiful as ever, even as she
exceptional and heightened sensitivity to will immediately arouse Hashem’s
herself wondered who would sit at the head
others, which can only be acquired through compassion, and it is for this reason that the
of the table and conduct the Seder.
studying Torah. Torah stresses the need to treat them with
As part of the traditional preparations, she mercy.
One such example of this sensitivity can be took her children to get new shoes in honor
gleaned from our verse, which cautions of the holiday. The owner of the shoe store, Such empathy and consideration couldn’t
against causing pain to widows and orphans, familiar with the tragic plight of the family, come from the most sensitive human being,
who are often among the most helpless and attempted to cheer up the children by but only from the study of Hashem’s Torah.
tragic members of society. In doing so, the offering each a shiny balloon. While most of This, then, is the Torah’s derech eretz!
Torah, which never wastes a word, curiously them seemed appreciative and momentarily Ozer Alport can be reached at:
doubles each of the verbs – 3 times in one forgot their troubles, one of the girls walked parsha@partnersintorah.org

Please pray for a full and speedy recovery for

Yosef Chaim ben Rus Devorah Rosenberg.
Talking Points
1. LIFE AND DEATH
“And when a man plots against his fellow to kill him
intentionally, from My Altar you shall take him to die.”
21:14
Plots against his fellow – This teaches that only
one who intended to kill his fellow is subject to
this punishment, as opposed to a doctor who
unintentionally harmed his patient or a parent or
teacher who unintentionally struck a child too
forcefully. – Rashi
Intentionally – The word used by the Torah is
“b’mirmah,” which literally means “with
deceptiveness.” This is because one who
intentionally kills another person draws his
strength from the primordial serpent who also
utilized deception to cause Adam and Eve to sin,
which resulted in death being introduced to the
world. – Rabbeinu Bachya
From My Altar you shall take him to die – The
Altar served a similar function as the Cities of
Refuge did, in that an inadvertent murderer could
not be killed by an avenger if he stood upon the
Altar. In this instance in which the murder was
intentional, he was to be forcibly removed even
from the Altar which could offer him no
protection.
Chasam Sofer (Rabbi Moshe Sofer) explains
that the Altar upon which Temple Offerings
were brought endowed us with great merit and
increased our life span. Thus, it was an
excellent refuge for one who sought to escape
death at the hands of an avenging relative.
When one plots to kill another, however, he
diminishes life on earth, and therefore it is
inappropriate for him to take hold of the Altar
whose role is to increase life. Therefore, he
must be physically removed from the Altar, for
it is considered an abomination that he has
taken hold of it.
2. HONOR AMONG THIEVES
“When a man shall steal an ox or a sheep and then
slaughters or sells it, he shall pay five oxen for the ox,
and four for the sheep.” 21:37
Five and Four – Why is he fined such an
exorbitant amount? He has become entrenched
in this sin and must pay dearly if he is to
successfully uproot it. – Tosefta
Five and Four – Why does he pay five times the
MISHPATIM
value for an ox and only four times that of a
sheep? Rabbi Yochanan ben Zakkai explains that
the Almighty took into consideration the loss of
dignity suffered by the thief in each instance and
fined him correspondingly. An ox which can be
prodded to walk and need not be placed on the
shoulders of the thief, entails less loss of dignity.
Absent the atonement of the shame of carrying
an animal on his shoulders, he must pay five
times its value, which is the full fine for a sin of
this nature. A sheep, on the other hand, must be
carried long distances, entailing a certain degree
of embarrassment for its bearer. Correspondingly,
he must pay a slightly lesser amount since he
already earned a degree of atonement through
his shame. – Rashi
If the Torah accorded such respect to a lowly
thief, how much more so does one who exerts
himself to fulfill a mitzvah deserve to be
respected. – Rabbi Simchah Zissel of Kelm
Strangely, although describing a thief, the Torah
utilizes the dignified term, “ish,” rather than a
lesser term such as “adam.” What redeeming
qualities does one engaged in thievery have to
earn this designation? Rabbi Simchah Bunim of
Peshischah explained that there are three
worthy lessons that every person can learn
from a thief: 1. He is not dissuaded when he
encounters hardships; 2. If at first he fails, he
always tries again; 3. He will forgo his dignity to
attain his goal. Though he uses these traits for
an immoral purpose, we can learn from him
and apply them to a more worthwhile purpose.
In this sense, he is a teacher of virtuous
qualities and therefore worthy of the more
distinguished title.
3. FOOT SOLDIERS
“Three festivals you shall celebrate for Me each year.”
23:14
Three festivals – These three festivals are
Passover, Shavuos, and Succos, and one must
ascend to Jerusalem to celebrate these festivals in
the presence of the Holy Temple.
Three festivals - The word actually used in the
verse is “regalim,” which typically means “feet,” as
opposed to festivals or occasions. Why was the
less conventional term chosen in this case? To
teach us that one should not ascend to Jerusalem
on horseback or in a wagon. Rather, it is a special
RABB I ELAZAR MEISELS
mitzvah to ascend using his feet by walking. For
this reason, one who lacks two feet is not
obligated in the mitzvah. – Rabbeinu Bachya
Midrash Tehillim [41] writes, “When we used to
ascend to the festival in our covered wagons, we
did so with our wives, children, and in great
numbers.” This implies that they did not walk the
entire distance. Rather, they rode animals and
wagons until Jerusalem and only went on foot
from the walls of Jerusalem to the Temple
courtyard. – Ksav V’kabbalah
Rabbi Yosef Bechor Shor points out that these
three time periods are usually joyous periods
even without the addition of a formal holiday,
for Passover is a time when we commemorate
our freedom, Shavuos heralds the beginning of
the crop harvest, and Succos marks the time
when we gather in the harvested crop. All of
these are inherently joyous occasions. A Jew
however, understands that as a loyal and
devoted servant of the Almighty, he must
utilize intrinsically joyous occasions to intensify
and deepen his relationship with G-d by
including Him in his joy. Therefore, we ascend
to the Holy Temple to celebrate with G-d just
as one invites his closes friends and relatives to
celebrate the most joyous occasions of his life.
Rabbi Meisels can be reached at:
rabbimeisels@partnersintorah.org
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PLEASE RISE
Dear Rabbi,
My Torah partner of 5 years was kind enough to invite me to her daughter’s
wedding in New York last week. It was the first time I attended a traditional Jewish
wedding and was surprised at how comfortable I felt in this very unfamiliar
setting. During the procession, as the bride and groom’s parents escorted their
children, the guests stood up for them as they walked by. What is the significance
of this, and why were the parents holding candles?
Thanks,
Caren H.
Dear Caren:
I’m so glad that you had an opportunity to
attend the wedding and witness the
outpouring of happiness that everyone feels
when a new home among the Jewish
people is being established.
A Jewish wedding ceremony is reminiscent
of the Grand Wedding ceremony that took
place between G-d (chatan—the groom)
and the Jewish people (kallah—the bride) at
Mount Sinai some 3300 years ago. The
parallels between that “wedding” and every
Jewish wedding thereafter are quite striking.
Last week in Parshas Yisro, we read that
Mount Sinai was covered with a cloud and
the giving of the Torah was accompanied
with thunder and lightning. The chuppah is
reminiscent of the cloud over the mountain
and the candles held by the parents
escorting their children to the chuppah are
reminiscent of the lighting. In order for the
first stage of the Jewish marriage (eirusin) to
take effect, an item of worth needs to be
transferred from the chatan to the kallah.
Today, the chatan gives the kallah a
wedding ring to effect the eirusin. However,
at Mt. Sinai, G-d gave Moses the stone
tablets that contained the Ten
Commandments in order to create the
“marital bond.”
The famous statement of the Zohar that the
Jewish people, the Torah, and G-d are one
can be understood in the same light. Just as
G-d told Adam to unite with Eve and
become basar echad (one flesh), so too,
the Jewish people with their “ring” [the
Tablets, which represent the entire Torah]
united with G-d to become inseparable.
Later in Jewish history, after the First Temple
was destroyed, the Jewish people
questioned the prophet Ezekiel if they were
still “married” to G-d, or had the Jewish
people become a divorcee? Thus, the
uniting of the Jewish people with G-d had
always been understood as a “marriage.” It
is certainly a poignant moment when the
young couple unites under the chuppah
with the transfer of the ring. I believe the
reason is that this particular moment is a
moment of eternity—the eternal coupling of
the chatan and kallah, which is reminiscent
of the eternal unification of G-d with His
people. We are not only bearing witness to
the establishment of a new Jewish home,
but also to a significant episode in our
history as a people.
You also asked why the guests rose to their
feet as the chatan and kallah walked by. In
truth, this practice is frequently
misunderstood as a requirement to stand
for the chatan, because Jewish tradition
RABB I REUVEN DRUCKER
regards him as a king, for whom one must
stand out of respect. However, as he walks
to the chuppah, he has not yet officially
assumed the title of chatan, since he has
not performed the marriage rite of
transferring the ring to the kallah.
Additionally, no one stands for him after the
wedding ceremony, when he is officially
considered a chatan for seven days.
Furthermore, everyone also stands when the
kallah passes by, even though in Jewish
tradition there is no notion of a queen. The
real reason behind the practice is out of
deference for the parents, who are engaged
in the mitzvah of tending to the needs and
honor of the chatan and kallah. Whenever
individuals are engaged in a mitzvah that
does not take place on a regular basis, there
is a requirement to stand for them, in order
to demonstrate one’s high regard for people
who perform mitzvos. Tending to the needs
and honor of the chatan and kallah is
something the Midrash tells us we learn
from G-d Himself, for when Adam and Eve
were about to marry, there were no other
people on the planet to show them honor.
Therefore, the Midrash tells us, G-d Himself
came to honor them.
Warmest regards,
Rabbi Reuven Drucker
Rabbi Drucker can be reached at:
rabbidrucker@partnersintorah.org
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 TABLE TALK
FOR DISCUSSION AROUND THE SHABBAT TABLE
RABBI LABEL LAM
“He (Moses) took the Book
Covenant and read it in earshot of the
people, and they said, ‘Everything that G-d
has said, we will do and
learn!’” (Exodus 24:7) What was it that
Moses read to the People of Israel?
Rashi tells us that Moses read the entire
narrative “from Genesis (the beginning of
Creation) until the giving of the Torah, as
well as the commandments (see Talmud,
Sanhedrin, 56b) that were given at Marah
(a system of civil law, Shabbat, and
honoring one’s parents).”
‫)א‬ Why would reading these specific
portions of the Torah inspire them
to obediently accept
themselves the rest of Torah?
‫)ב‬ How can the Jewish People agree
to “do” before “learning”? How can
you do before knowing what to
do?
‫)ג‬ What common thread is there, if
any, in the seemingly odd collection
of mitzvot: a system of civil law,
Shabbat, and honoring one’s parents?
Rabbi Lam can be reached at: rabbilam@partnersintorah.org
Parsha At-A-Glance
of the
This parsha contains fifty-three mitzvot
we will which touch on almost every aspect of
Jewish life. Included in this parsha are the
bases for laws concerning Jewish servants,
relations between parents and children,
civil fines, monetary obligations of
borrowers, renters, owners of animals or
utensils which damage persons or their
property, and the responsibility citizens
owe to the public welfare. There are
prohibitions against witchcraft, and against
shaming or defrauding the true convert,
the widow, the orphan, and the poor.
upon
There are requirements to lend money to
Jews in need. We are commanded not to
blaspheme against Hashem, and not to
curse the judges of the Jewish Court.
Many kashrus laws are also included, as
are procedural matters in courts of law to
ensure that all who stand before the court
will be treated fairly. Circumstantial
evidence may not decide the law. Only
direct and incontrovertible testimony of
witnesses is admissible. We must assist a
fellow Jew to unload an animal struggling
under its load. Agricultural requirements of
the shmittah (Sabbatical) year, as well as
Shabbat and Yom Tov laws, are included
are here. We must go to the Temple three
times a year – on Passover, Shavuot, and
Succot. Strict prohibitions were enacted
against making a treaty with the seven
Canaanite nations and against introducing
any form of idol-worship.
Hashem reminded the nation that their
well-being in the land of Israel would
depend directly on their loyalty to His
Torah. The Jewish people promised to
follow the commandments. Moses read
the Book of the Covenant to the people,
and the nation again affirmed that they
would do Hashem’s commandments and
listen to Him. Moses then ascended
Mount Sinai for forty days and nights in
order to receive the Tablets.