Rabbi Dov (2011)
Rabbi Dov (2011)
Rabbi Dov (2011)
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Parashat haShavua<br />
by <strong>Rabbi</strong> <strong>Dov</strong> Lerea, founding Dean of Judaic Studies<br />
Director, KIVUNIM: New Directions, Jerusalem, Israel<br />
Shabbat Mishpatim<br />
24 Shevat 5771/January 29, <strong>2011</strong><br />
*<br />
Torah Reading: Shemot 21:1-24:18<br />
Candle lighting: 4:40 pm, Jerusalem, Israel<br />
Havdalah Saturday night: 5:45 pm<br />
“The Family that Studies Torah Together, Grows Together”<br />
Place this handout on the Shabbat table, Holiday<br />
table, or dinner table for your edification and pleasure<br />
כד אִ ם־כֶּסֶ ף ׀ תַּ לְ וֶ ה אֶ ת־עַ מִּ י אֶ ת־הֶ עָ נִי עִ מָּ א־תִ הְ יֶה<br />
לוֹ כְּ נֹשֶׁ ה א־תְ ִשֹימוּן עָ לָיו נֶשֶׁ <br />
:<br />
English: If and when you lend money to a member of My people, that is to say, to a poor<br />
person, do not take undue advantage of that person as if you were their master by<br />
extorting interest from him.<br />
Introduction: This parasha continues the revelation of our people at Mt. Sinai. In fact,<br />
we can read this portion as continuous with it, since at the conclusion of the reading in<br />
chapter 24 there is a covenant ceremony led by Moses, Aaron and the elders/leaders of<br />
the people. This ceremony ratifies the leadership structure of the new, covenantal<br />
nation. Moses and Aaron represent the balanced vision of prophet and priest, and the<br />
elders form the administrative body to adjudicate law. The difference between this<br />
portion and last week’s, perhaps, is the form. Parashat Yitro introduces the revelation at<br />
Mt. Sinai as an epiphonal moment, whereas parashat mishpatim transforms the<br />
mystical experience of encountering God through raging fire, smoke and sound, into an<br />
organized set of case laws. This creates a paradigm for interpreting and applying God’s<br />
language into language useful for establishing and maintaining a vision-driven society.<br />
The litmus test of any society, furthermore, is how that society treats the “other,” those<br />
who are dependent or dis-enfranchised or different. This portion is filled with such<br />
cases, one of the boldest of which is the selection above. Money always positions one<br />
person over another in a relationship defined by power and advantage. Once money is<br />
given, the relationship is no longer equal. In such a circumstance, the Torah admonishes<br />
us to take extra precautions in loaning money to the poor. Once the money is taken, the<br />
lender has an immediate advantage over the borrower—especially is the borrower is<br />
poor. It becomes so easy to take advantage of that person. The context of this verse,<br />
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finally, is one in which Israelite lends to fellow-Israelite. Once we develop a sensitivity<br />
and feeling of responsibility to the members of our own family, the Torah presumes that<br />
we will be able to generalize such a commitment outwards towards anyone else in<br />
need. We see the power of such a psychological insight in our own day. How often do<br />
we encounter Jews who are seemingly tolerant of others, but are judgmental of other<br />
members of the Jewish community? Here the Torah teaches us that one can cultivate a<br />
deep appreciate of all human beings only if one’s sensitivities, compassions and love are<br />
cultivated within our own community between each other.<br />
Comments by Rashi on the selected verse:<br />
(כד) את עמי. עמי ונכרי, עמי קודם. עני ועשיר, עני קודם. עניי עירך ועניי<br />
עיר אחרת, עניי עירך קודמין (בבא מציעא עא.)<br />
.<br />
The Torah says, “lend to a member of My people.” The Torah is suggesting a sequence<br />
for setting priorities: one can lend either to another Israelite or to a non-Israelite, the<br />
Israelite comes first. A poor person or a wealthy person, the poor comes first. The poor of<br />
your own city or of another city, the poor of your own come first…..<br />
Maimonides, Gifts to the Poor, chapter 7: 13<br />
יג עני שהוא קרובו קודם לכל אדם, עניי ביתו קודמין לעניי עירו,<br />
עניי עירו קודמין לעניי עיר אחרת שנאמר לאחיך לענייך ולאביונך<br />
בארצך<br />
A poor person who is a relative comes before anyone else. The poor of one’s household<br />
(servants, etc.) come before the poor of one’s city. The poor of one’s city precede the<br />
poor of another city. This is based on the verse: “Give to your poor, your indigent in your<br />
land.”<br />
Questions for thinking:<br />
1. Do you agree with the scheme of prioritization established by Rashi and<br />
Maimonides based on this verse in the Torah?<br />
2. Can you see the perspective which maintains that one should care for one’s own<br />
first? This might not be politically correct, but is there a humanizing aspect to<br />
this value?<br />
3. What if your child lived in another city—should you still privilege the poor of<br />
your own neighborhood, according to these commentaries? What do you think<br />
Maimonides would say to that scenario?<br />
4. Maimonides teaches us also that Jews are obligated to support non-Jewish poor<br />
as much as Jewish poor, “for the sake of the ways of peace.” How do you<br />
.<br />
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understand that phrase, “for the sake of the ways of peace?” Is this a positive<br />
statement in your reading?<br />
Mitzvoth in the Parashah According to the Sefer haHinuch,* there are 16 positive<br />
commandments (and 8 negative commandments) in parashat mishpatim. The positive<br />
commandments include: (i) The mitzvah of the indentured servant (ii) The mitzvah of<br />
marrying the woman indentured servant (iii) The mitzvah of redeeming the woman<br />
indentured servant (iv) The mitzvah of the court executing through strangulation (v) The<br />
mitzvah of the courts imposing fines (vi) The mitzvah of the courts executing by<br />
beheading (vii) The mitzvah of the court hearing cases of bodily damages caused by an<br />
animal (viii) The mitzvah of the court hearing cases of damages caused through<br />
negligence in the public way (ix) The mitzvah of the court hearing cases of theft (x) The<br />
mitzvah of the court hearing cases of arson (xi) The mitzvah of the court hearing cases of<br />
property damage done by animals (xii) The mitzvah of the guardian (xiii) The mitzvah of<br />
the court hearing civil claims (xiv) The mitzvah of paid guardian (xv) The mitzvah of the<br />
court hearing cases of the sexual seduction of a minor (xvi) The mitzvah of the court<br />
hearing cases of negligence of a borrower<br />
* Sefer ha-Chinuch ספר החינוך) Hebrew: "Book of Education") is a work which systematically discusses the 613 commandments of<br />
the Torah. It was published anonymously in 13th Century Spain. The work enumerates the commandments (Hebrew: Mitzvot ; sing.<br />
mitzvah) according to their appearance in the Weekly Torah portion. Some scholars ascribe the authorship of Sefer ha-Chinuch to<br />
<strong>Rabbi</strong> Aharon HaLevi of Barcelona (1235-c. 1290), a Talmudic scholar and halakhist but others disagree, as the views of the Chinuch<br />
contradict opinions held by HaLevi in other works. This has led to the conclusion that the true author to Sefer HaChinuch was a<br />
different Reb Aharon Halevi, a student of the Rashba, rather than his colleague.<br />
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