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Parsha Patners Mishpatim 5770

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    PARSHAS MISHPATIM| 29 SHEVAT 5770 | 13 FEBRUARY 2010

    In his commentary on this Mishnah,Rabbeinu Yonah of Gerona (1180-1263)resolves the apparent contradiction byexplaining that theMishnah is discussing twodistinct types of derech eretz. The firstderech eretz refers to what is commonlyknown as essential good manners andinterpersonal skills, which one must possessas a prerequisite to beginning to study Torah.The second derech eretz refers to anexceptional and heightened sensitivity toothers, which can only be acquired throughstudying Torah.

    One such example of this sensitivity can begleaned from our verse, which cautionsagainst causing pain to widows and orphans,who are often among the most helpless andtragic members of society. In doing so, theTorah, which never wastes a word, curiouslydoubles each of the verbs 3 times in one

    verse! What lesson is the Torah coming toteach us?

    An insight into these seemingly superfluouswords may be gleaned from a powerful storyI once heard. A young father and husbandsuddenly passed away one spring day. As hiswidow struggled to put the family backtogether and reassure the orphans, she wasdetermined to make the upcoming holidayof Passover as beautiful as ever, even as sheherself wondered who would sit at the headof the table and conduct the Seder.

    As part of the traditional preparations, she

    took her children to get new shoes in honorof the holiday. The owner of the shoe store,familiar with the tragic plight of the family,attempted to cheer up the children byoffering each a shiny balloon. While most ofthem seemed appreciative and momentarilyforgot their troubles, one of the girls walked

    to the door and released her balloon

    skyward.The mother, embarrassed at her daughtersapparent lack of appreciation, proceeded tolecture her about the need for respect andgratitude. The innocent girl looked up at hermother, and through a tear-stained facemanaged to explain her actions: Daddydidnt get one.

    Although any humane person wouldnaturally feel compassion at the plight of apoor widow or orphan, the Kotzker Rebbe,Rabbi Menachem Mendel Morgenstern(1787-1859) explains that the Torah iscoming to open our eyes to a finer sensitivity

    which we are expected to internalize andstrive to reach. Our verse uses three doubleexpressions to alert us that the pain ofwidows and orphans is twofold. The KotzkerRebbe explains that in addition to the naturalhurt of the slight or insult which would befelt by any person, the cruel treatmentreawakens deep wounds by causing them tothink that if only their beloved father orhusband was still alive, he could come totheir defense. The intense cries which resultwill immediately arouse Hashemscompassion, and it is for this reason that theTorah stresses the need to treat them withmercy.

    Such empathy and consideration couldntcome from the most sensitive human being,but only from the study of Hashems Torah.This, then, is the Torahs derech eretz!

    Ozer Alport can be reached at:[email protected]

    You shall not cause pain to any widow or orphan. If you [dare to] cause him pain for if he shall cry out to Me, I shall surely hear his outcry. (Exodus 22:21-22)

    The Mishnah in Ethics of our Fathers (Pirkei Avos 3:17) teaches thatwithout derech eretz (literally the way of the land, buttraditionally used to refer to proper conduct and behavior as definedby the Torah), there can be no Torah, and without Torah, there cannot bederech eretz. This statement seems to present an enigmatic catch- 22regarding the initial attainment of both Torah and derech eretz.

    Parsha Perspectives OZER ALPORT

    Please pray for a full and speedy recovery forYosef Chaim ben Rus Devorah Rosenberg.

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    M I S H P A T I M Talking Points RABBI ELAZAR MEISELS1. LIFE AND DEATHAnd when a man plots against his fellow to kill himintentionally, from My Altar you shall take him to die.21:14

    Plots against his fellow This teaches that onlyone who intended to kill his fellow is subject tothis punishment, as opposed to a doctor whounintentionally harmed his patient or a parent or

    teacher who unintentionally struck a child tooforcefully. Rashi

    Intentionally The word used by the Torah isbmirmah, which literally means withdeceptiveness. This is because one who intentionally kills another person draws his strength from the primordial serpent who alsoutilized deception to cause Adam and Eve to sin,which resulted in death being introduced to theworld. Rabbeinu Bachya

    From My Altar you shall take him to die The Altar served a similar function as the Cities ofRefuge did, in that an inadvertent murderer couldnot 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 noprotection.

    Chasam Sofer (Rabbi Moshe Sofer) explainsthat the Altar upon which Temple Offeringswere brought endowed us with great merit andincreased our life span. Thus, it was anexcellent refuge for one who sought to escapedeath at the hands of an avenging relative.When one plots to kill another, however, hediminishes life on earth, and therefore it isinappropriate for him to take hold of the Altarwhose role is to increase life. Therefore, hemust be physically removed from the Altar, forit is considered an abomination that he hastaken hold of it.2. HONOR AMONG THIEVESWhen a man shall steal an ox or a sheep and thenslaughters 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 anexorbitant amount? He has become entrenched in this sin and must pay dearly if he is tosuccessfully uproot it. Tosefta

    Five and Four Why does he pay five times the

    value for an ox and only four times that of asheep? Rabbi Yochanan ben Zakkai explains thatthe Almighty took into consideration the loss ofdignity suffered by the thief in each instance and fined him correspondingly. An ox which can beprodded to walk and need not be placed on theshoulders of the thief, entails less loss of dignity. Absent the atonement of the shame of carryingan animal on his shoulders, he must pay five

    times its value, which is the full fine for a sin ofthis nature. A sheep, on the other hand, must becarried long distances, entailing a certain degreeof embarrassment for its bearer. Correspondingly, he must pay a slightly lesser amount since healready earned a degree of atonement throughhis shame. Rashi

    If the Torah accorded such respect to a lowlythief, how much more so does one who exerts himself to fulfill a mitzvah deserve to berespected. Rabbi Simchah Zissel of Kelm

    Strangely, although describing a thief, the Torahutilizes the dignified term, ish, rather than alesser term such as adam. What redeemingqualities does one engaged in thievery have toearn this designation? Rabbi Simchah Bunim ofPeshischah explained that there are threeworthy lessons that every person can learnfrom a thief: 1. He is not dissuaded when heencounters hardships; 2. If at first he fails, healways tries again; 3. He will forgo his dignity toattain his goal. Though he uses these traits foran immoral purpose, we can learn from himand apply them to a more worthwhile purpose.In this sense, he is a teacher of virtuousqualities and therefore worthy of the moredistinguished title.

    3. FOOT SOLDIERSThree festivals you shall celebrate for Me each year.

    23:14

    Three festivals These three festivals are Passover, Shavuos, and Succos, and one mustascend to Jerusalem to celebrate these festivals inthe presence of the Holy Temple.

    Three festivals - The word actually used in theverse is regalim, which typically means feet, asopposed to festivals or occasions. Why was the less conventional term chosen in this case? Toteach us that one should not ascend to Jerusalemon horseback or in a wagon. Rather, it is a special

    mitzvah to ascend using his feet by walking. Forthis reason, one who lacks two feet is notobligated in the mitzvah. Rabbeinu Bachya

    Midrash Tehillim [41] writes, When we used toascend to the festival in our covered wagons, wedid so with our wives, children, and in greatnumbers. This implies that they did not walk theentire distance. Rather, they rode animals and

    wagons until Jerusalem and only went on foot from the walls of Jerusalem to the Templecourtyard. Ksav Vkabbalah

    Rabbi Yosef Bechor Shor points out that thesethree time periods are usually joyous periodseven without the addition of a formal holiday,for Passover is a time when we commemorateour freedom, Shavuos heralds the beginning ofthe crop harvest, and Succos marks the timewhen we gather in the harvested crop. All ofthese are inherently joyous occasions. A Jewhowever, understands that as a loyal anddevoted servant of the Almighty, he mustutilize intrinsically joyous occasions to intensifyand deepen his relationship with G-d by

    including Him in his joy. Therefore, we ascendto the Holy Temple to celebrate with G-d justas one invites his closes friends and relatives tocelebrate the most joyous occasions of his life.

    Rabbi Meisels can be reached at:[email protected]

    This page is dedicated to and written for the6,500 Partners in Torah mentors. We welcome

    you to join their ranks by calling 800-STUDY-4-2.Please send your comments, questions, and sugges-

    tions to [email protected]

    Contact Info for Partners inTorah Mentor Advisors*:

    Rabbi Elazar Meisels732-917-6370

    (Sunday & Tuesday 8:0011:00 pm, andThursday 10:00am12:00 noon)[email protected]

    Rabbi Pinchos Jung845-425-6533 (leave message)

    *Kindly reserve use of our advisorsfor mentor contact

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    Dear Caren:

    Im so glad that you had an opportunity toattend the wedding and witness theoutpouring of happiness that everyone feelswhen a new home among the Jewishpeople is being established.

    A Jewish wedding ceremony is reminiscent

    of the Grand Wedding ceremony that tookplace between G-d (chatanthe groom)and the Jewish people (kallahthe bride) atMount Sinai some 3300 years ago. Theparallels between that wedding and everyJewish wedding thereafter are quite striking.

    Last week in Parshas Yisro, we read thatMount Sinai was covered with a cloud andthe giving of the Torah was accompaniedwith thunder and lightning. The chuppah isreminiscent of the cloud over the mountainand the candles held by the parentsescorting their children to the chuppah arereminiscent of the lighting. In order for the

    first stage of the Jewish marriage (eirusin) totake effect, an item of worth needs to betransferred from the chatan to the kallah.Today, the chatan gives the kallah awedding ring to effect the eirusin. However,at Mt. Sinai, G-d gave Moses the stonetab le ts that conta ined the TenCommandments in order to create themarital bond.

    The famous statement of theZoharthat theJewish people, the Torah, and G-d are onecan be understood in the same light. Just asG-d told Adam to unite with Eve andbecome basar echad(one flesh), so too,the Jewish people with their ring [theTablets, which represent the entire Torah]united with G-d to become inseparable.

    Later in Jewish history, after the First Templewas destroyed, the Jewish peoplequestioned the prophet Ezekiel if they werestill married to G-d, or had the Jewishpeople become a divorcee? Thus, theuniting of the Jewish people with G-d hadalways been understood as a marriage. Itis certainly a poignant moment when theyoung couple unites under the chuppahwith the transfer of the ring. I believe thereason is that this particular moment is amoment of eternitythe eternal coupling ofthe chatan andkallah, which is reminiscentof the eternal unification of G-d with Hispeople. We are not only bearing witness to

    the establishment of a new Jewish home,but also to a significant episode in ourhistory as a people.

    You also asked why the guests rose to theirfeet as the chatan andkallah walked by. Int ruth, this pract ice is f requent lymisunderstood as a requirement to standfor the chatan, because Jewish tradition

    regards him as a king, for whom one muststand out of respect. However, as he walksto the chuppah, he has not yet officiallyassumed the title of chatan, since he hasnot performed the marriage rite oftransferring the ring to the kallah.Additionally, no one stands for him after thewedding ceremony, when he is officially

    considered a chatan for seven days.Furthermore, everyone also stands when the

    kallah passes by, even though in Jewishtradition there is no notion of a queen. Thereal reason behind the practice is out ofdeference for the parents, who are engagedin the mitzvah of tending to the needs andhonor of the chatan and kallah. Wheneverindividuals are engaged in a mitzvah thatdoes not take place on a regular basis, thereis a requirement to stand for them, in orderto demonstrate ones high regard for peoplewho performmitzvos. Tending to the needsand honor of the chatan and kallah issomething the Midrash tells us we learnfrom G-d Himself, for when Adam and Evewere about to marry, there were no otherpeople on the planet to show them honor.Therefore, theMidrash tells us, G-d Himselfcame to honor them.

    Warmest regards,Rabbi Reuven Drucker

    Rabbi Drucker can be reached at:[email protected]

    PLEASE RISE RABBI REUVEN DRUCKERDear Rabbi,

    My Torah partner of 5 years was kind enough to invite me to her daughterswedding in New York last week. It was the first time I attended a traditional Jewishwedding and was surprised at how comfortable I felt in this very unfamiliarsetting. During the procession, as the bride and grooms parents escorted theirchildren, 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.

    LOOK WHO MADE PARTNERRECENTSAMPLINGOFPEOPLE

    WHOHAVEJOINEDASPARTNERS:

    PEGGY ELLSBERG -- OSSINING, NYEUGENE PAYMAR -- LA JOLLA, CA

    LEAH GANS -- SCRANTON, PARISA CHITIZ -- TORONTO, ONTARIO

    MICHAEL CRANE -- CHICAGO, ILELINA ISANOVA -- BROOKLYN, NYROBERT HAHN -- BETHESDA, MD

    REBECCA SCHOCHET -- PASSAIC, NJMaking Partner has never been this easy!

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    He (Moses) took the Book of theCovenant and read it in earshot of thepeople, and they said, Everything that G-dhas said, we will do and we willlearn! (Exodus 24:7) What was it thatMoses read to the People of Israel?Rashi tells us that Moses read the entirenarrative from Genesis (the beginning ofCreation) until the giving of the Torah, aswell as the commandments (see Talmud,Sanhedrin, 56b) that were given at Marah(a system of civil law, Shabbat, andhonoring ones parents).

    ( hy would reading these specificportions of the Torah inspire themto obediently accept uponthemselves the rest of Torah?

    ( ow can the Jewish People agreeto do before learning? How canyou do before knowing what todo ?

    ( hat common thread is there, ifany, in the seemingly odd collectionof mitzvot: a system of civil law,Shabbat, and honoring ones parents?Rabbi Lam can be reached at: [email protected]

    TABLE TALKFOR DISCUSSION AROUND THE SHABBAT TABLE

    RABBI LABEL LAM

    Parsha At-A-GlanceThis parsha contains fifty-three mitzvotwhich touch on almost every aspect ofJewish life. Included in this parsha are thebases for laws concerning Jewish servants,

    relations between parents and children,civil fines, monetary obligations ofborrowers, renters, owners of animals orutensils which damage persons or theirproperty, and the responsibility citizensowe to the public welfare. There areprohibitions against witchcraft, and againstshaming or defrauding the true convert,the widow, the orphan, and the poor.There are requirements to lend money toJews in need. We are commanded not toblaspheme against Hashem, and not tocurse the judges of the Jewish Court.

    Many kashrus laws are also included, asare procedural matters in courts of law toensure that all who stand before the courtwill be treated fairly. Circumstantialevidence may not decide the law. Onlydirect and incontrovertible testimony of

    witnesses is admissible. We must assist afellow Jew to unload an animal strugglingunder its load. Agricultural requirements ofthe shmittah (Sabbatical) year, as well as

    Shabbat and Yom Tov laws, are includedare here. We must go to the Temple threetimes a year on Passover, Shavuot, andSuccot. Strict prohibitions were enactedagainst making a treaty with the sevenCanaanite nations and against introducingany form of idol-worship.

    Hashem reminded the nation that theirwell-being in the land of Israel woulddepend directly on their loyalty to HisTorah. The Jewish people promised tofollow the commandments. Moses readthe Book of the Covenant to the people,

    and the nation again affirmed that theywould do Hashems commandments andlisten to Him. Moses then ascendedMount Sinai for forty days and nights inorder to receive the Tablets.


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