Mishpatim 2010

The introduction of Rachmanut.

Why here? Why now? All of a sudden, in the middle of Shemot, we find this Parashat thatʼs hidden like a couple of forgotten law books. And, without any announcement, Mishpatim throws at us the most detailed and specific of codes and rules.

One reason can be that Bnei Israel continuous to develop into One People - Am Israel in Shemot, and thus is ready for a detailed set of rules. One could say that without this Parashat there would be no developed or compassionate legal system as we have today.

Why else does the Torah make such an effort as to write in details the difference between stealing an ox versus a sheep? While the Babylonian answer to that is to treat stealing as just stealing, period - we on the other hand, are taught to reason. Akedat Yitzhak puts it this way: “A thief who deliberately sets out to inflict loss on his fellow man deserves to have a taste of his own medicine...”

We are being taught many things in this Parashat and perhaps the most important lesson of all: that of Rachmanut - compassion. Repeatedly does the Torah bring up the most severe crimes first and lesser ones next, only to teach us reasoning.

Steal a cow or sheep and you will be punished by having to pay double back. But if the thievery includes slaughtering or disposing of the loot, the Torah fixes the punishment; a four or five-fold restitution.

Sages point out that the Torah starts out by pointing towards the more severe crime of slaughtering or disposing, because a thief almost never keeps the stolen property on his land. He usually immediately will slaughter it or dispose of it. But we are reminded that if a thief who doesnʼt, deserves a lesser punishment. And why then the difference between stealing an ox and sheep? Why is stealing an ox worse? Philo comments in a practical way; “The sheep has four benefits - milk, cheese, wool and offspring (lambs), while the ox has five - milk, cheese, offspring (calves) and in addition, ploughing the land and pulling the wagon.” Other Sages did not count milk and cheese as two benefits, but Ibn Ezra agrees with the ploughing benefit.

This is fascinating. In Mishpatim we are taught to reason. We are taught to judge situations carefully. We are being taught Rachmanut.

We are taught that when a thief enters a premise, the owner can take his life. “Thereʼs no blood in him...” - Rashi explains the thief as a soulless and bloodless person with no value. That is pretty harsh for Rashi. While Rashbam also observes that the owner is guiltless and no “blood” payment is required. Again, the Torah starts out with the worst case scenario, only to follow with reason; “If the sun be risen upon him, there shall be blood guiltiness for him.” Rambam explains “...that a thief by day is usually just that; a thief. If it was obvious to the house owner that the thief had no homicidal intentions but merely came to steal, it is forbidden to kill him.”

Very carefully are we taught our behaviour towards the Ger - the stranger. In Bava Metzia 59b, our Sages point out that this mitzvah of respect is repeated thirty six times in the Torah. More than any other mitzvah even the mitzvah to love HaShem! Mishpatim is not just a carefully assembled list of laws and regulations. This Parashat teaches us through careful judgement to “reason.” This Parashat sets the ultimate foundation for Rachmanut, no matter what the circumstances.