From:                                   JoshHoff@aol.com

Sent:                                    Thursday, February 19, 2009 5:39 PM

To:                                        JoshHoff@aol.com

Cc:                                        bz@rudnikcapital.com

Subject:                                Netvort: parshas Mishpatim, 5769

 

                                               Getting Started
         By Rabbi Joshua ( initially known as The Hoffer) Hoffman

In   Mishpatim, the nation is presented with a series of lawsby which they are to order  their society. This series consists largely of civil laws,.regarding interactions between man and his fellow man, but also of laws between man and God.  There is, in fact, an interweaving of the two, which very likely carries the message that both types of law are essential for the nation to observe in order for society to function properly.  What is interesting is that the parsha begins with the laws of the Hebrew slave. Why were these laws chosen to begin this follow -up to the revlation at Mt. Sinai, where the Aseres Hadibros, commonly known  as the 'Ten Commnadments, ' but more accurately known as the 'decalogue,'  were given to the people? Ramban says that,as a follow - up to the revelation, the law requiring the release of the Hebrew slave on the seventh year  relates to the first statement made at  Mt. Sinai, " I am the Lord your God who took you out of the land of Egypt. This law of release, adds the Ramban, also relates to Shabbos, which was given at  Mt. Sinai, in that the seventh year for the slave marks the cessation of his work for his master, just as Shabbos marks the cessation of work for all Jews. Perhaps we can add that since, in the Aseres Hadibros,as recorded in parshas Yisro, Shabbos reminds us of God's creation of the world in six days, and His cessation from work on the seventh day, the laws of the Hebrew slkave, by evoking the laws of cessation from work on Shabbos, in turn remind us of the creation of the world. According to the author of the Halachos Gedolos (Bahag) , the book of Shemos is named Chumash Sheni, or  'Second Book', and the Netziv explains that this is because the redemption from Egypt and the giving of the Torah marked the spiritual completion of creation. Thus, the series of laws that serve as a follow -up to the revelation at Sinai begin with laws which reinforce this notion that the creation of the world was completed with that revelation. 

Rabbi Menachem Leibtag has suggested, on a simpler level, that the laws in Mishpatim begin with the proper way to treat a Hebrew slave because the nartion's experience of servitude in Egypt was meant, at least in part, to sensitize them to the plight of others. Therefore, the series of laws they were first taught after the revelation appealed to that sensitivity, commanding them to treat the slave properly, since they knew what it is like to be a slave, and, furthermore, as God;'s nation, they needed to  understand that they have to act better than the idolatrous, immoral nation that had enslaved them. Rav Shimshon Raphael Hirsch  in a somewhat diferentl but related way, explains that a society is judged by its treatment of the lowest class of people among it, and, therefore, the series of laws in Mishpatim that are meant to give guidleines in ordring Jewish society begin with the laws of the proper treatment of the Hebrew slave. I would like to suggest yet another reason for beginning parshas Mishpatim with these laws, grounded on a pasasage in the Talmud Yerushalmi in Rosh Hashanah, 3:5, but also related to the explanations we have already noted.

 
The haftarah usually read for parshas Mishpatim is taken from the book of Yirmiyahu, and deals with the requirement to free one's slaves upon the Yovel. The Yerushalmi  tells us that while the Jews were stilll in Egypt, God told Moshe to teach this commandment to the nation.What was the purpose of telling this to people who themselves were serving as slaves, and certainly did not have any slaves of their own at the time? Rabbi Meir Juzint zt'l of Chicago once explained to me that before the Jews could leave Egypt and assume the status of a free people, they had to be weaned away from the low self-image they had developed as slaves. In fact, Rav Kook, in his commentary to the Pesach Haggadah, explains the phrase 'and they acted badly towards us' to mean, that the Egyptians made the Jews themselves think that they were bad. Moshe had to convince the people that they had it within themselves to divest themselves of their slave status, and, therefore, he informed them that they were commanded by God to free their slaves. If they were commanded to free others, they must have the ability to free themselves. To become the nation of God, they had to realize that, ultimately, no human being could define their existence.Rabbi Yehudah HaLevi wrote in his celebrated poem that a servant of time is a servant of servants, and that only a servant of God is free. Someone who is under the jurisdiction of another human being, whose time is not his own, finds it very difficult to actualize his potential.Freedom,according to Rav Kook, is one's ability to actualize his inner self, as implanted in his soul by his Creator.As we noted from the Ramban,  the laws of  the Hebrew slave  relate to the staement with which the Aseres Hadibros begin "I am the Lord your God who took you out of the land of Egypt." The freedom attained through the Exodus consists in the ability to realize the divine image within us by adhering to the commandments given at  Mt.Sinai.Parshas Mishpatim, the explanation and development of those commandments, therefore, begins with a charge to maintain the human dignity of all segments of society, a dignity which is grounded in that divine image.





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