Mishpatim 2021

1“He has told his words to Jacob and his statutes and Judgements to Israel. He did not do such to any other nation and his Judgements were not know to them Praise G-d.” Magid dvarav leyakov chukav umishpatav leyisrael. Lo asah chen lechal goy umishpateam bal yedaum Hallelujah!” Psalms 147 vs 19-20 (daily service)

2It may seem strange that the very first section of Mishpatim is about the treatment of the Jewish slave “Eved Ivri”. But upon further examination it actually makes sense. First, we need to understand the background behind the laws contained in the Parsha. How did the Jewish slave become a slave in the first place? The Talmud explains that there are two circumstances which would result in a Jewish person (specifically a male) becoming a slave. In one case the individual in question became destitute, was unable to find work, and decided to “sell” himself into slavery. It was by choice not by coercion. The second situation is when the individual was convicted of a crime and needed to provide restitution. The court would “sell” this person and use the funds to pay back the victim. The Torah has provided an opportunity for restitution and for rehabilitation. Unlike Egypt (think Joseph and the Baker and Butler) there were no prison sentences. Criminals were NOT incarcerated together in pits or cages. The Jewish slave becomes a full-fledged member of the household. The buyer is obligated to care for the slave’s wife and children including feeding and clothing and providing shelter. And all the above must be EQUAL to in quality and quantity to what the owner provides to his own family. Sometimes the slave receives better treatment than the owner. For example, if there was only one pillow in the house the slave would get it not the owner. The sentence is limited to a maximum of seven years after which the former criminal is able to reenter society. He receives a substantial severance package at the end so as to help with the transition. Restitution and rehabilitation provide “Mishpat” or justice for the Jewish slave and for the victim of his crime.

3For Capital crimes the choices are stark. If found guilty the murderer is put to death immediately. If it is determined that it was an unfortunate “accident” the killer is provided refuge in one of 48 different cities scattered throughout Israel. “Arei Miklat” The grieving relatives of the unfortunate victim are kept at bay by the protection these cities provided. The “Prisoner” of these walled cities is free to move about the city and live a full life. Accidental homicide is not ignored, the victim’s family receives a token of comfort knowing that the perpetrator suffers somewhat. Human life is dignified through the humane treatment and the recognition that a life has been lost.

4These are the two sections which open the rules of Jewish Justice. They set the stage for the rest of the rules contained in the Parsha. The Torah requires justice to be meted out with truth and with compassion both for the perpetrator and the victim. It is indeed unique among all nations.

5Dedicated to the memory of Joel Shulman A’H