Parashat Mishpatim
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==Teaching the Laws== | ==Teaching the Laws== | ||
− | Moshe is commanded to give over laws and explain all their mystical reasoning<ref name="Shover Zadim | + | Moshe is commanded to give over laws and explain all their mystical reasoning<ref name="Shover Zadim Shemos">Shover Zadim Shemos</ref> and explanations to the Jewish Nation in an organized fashion.<ref name="Rashi Shemos 21/1">Rashi Shemos 21/1</ref> It is not enough for him to give them over 2-3 times until they know it well but not give over the reasons for each teaching and their explanations. Rather Moshe is to set the teachings clearly before them them like a table set with food that is ready to eat from.<ref name="Rashi Shemos 21/1"/> |
− | All the laws listed in Parshat Mishpatim were given to Moshe on Mount Sinai during the Receiving of the Torah<ref name="Rashi Shemos 21/1"/> as opposed to all the remaining commandments that were given to Moshe during his forty day stay in heaven.<ref>Ikar Sefsi Chachamim</ref> Warning is given to always seek out a Jewish court for judgment, even if on that particular ruling the Gentile courts are in agreement with Torah law. For one who brings Jewish lawsuits before gentiles profanes the Divine Name and honors the name of idols, giving testimony to the esteem of their deity.<ref name="Rashi Shemos 21/1"/ | + | All the laws listed in Parshat Mishpatim were given to Moshe on Mount Sinai during the Receiving of the Torah<ref name="Rashi Shemos 21/1"/> as opposed to all the remaining commandments that were given to Moshe during his forty day stay in heaven.<ref>Ikar Sefsi Chachamim</ref> Warning is given to always seek out a Jewish court for judgment, even if on that particular ruling the Gentile courts are in agreement with Torah law. For one who brings Jewish lawsuits before gentiles profanes the Divine Name and honors the name of idols, giving testimony to the esteem of their deity.<ref name="Rashi Shemos 21/1"/> |
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==Laws of Jewish Slaves== | ==Laws of Jewish Slaves== | ||
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Sometimes a Jewish slave prefers remaining in his situation of servitude for either financial reasons or in order to remain with his gentile maidservant wife and children, refusing to be set free after six years of labor. In cases where the slave originally entered his servitude through a sale by Beit Din to repay a stolen debt, the owner brings the slave to Beit Din where he has his right ear pierced<ref name="Rashi Shemos 21/6"/> on an upright standing door<ref name="Rashi Shemos 21/6">Rashi Shemos 21/6</ref> that is attached to a door post.<ref>Rashi Kipsuto</ref> In cases where the slave entered servitude on his own due to poverty, the piercing can take place anywhere and does not have to be in front of Beis Din.<ref>Rashi Kipsuto</ref> | Sometimes a Jewish slave prefers remaining in his situation of servitude for either financial reasons or in order to remain with his gentile maidservant wife and children, refusing to be set free after six years of labor. In cases where the slave originally entered his servitude through a sale by Beit Din to repay a stolen debt, the owner brings the slave to Beit Din where he has his right ear pierced<ref name="Rashi Shemos 21/6"/> on an upright standing door<ref name="Rashi Shemos 21/6">Rashi Shemos 21/6</ref> that is attached to a door post.<ref>Rashi Kipsuto</ref> In cases where the slave entered servitude on his own due to poverty, the piercing can take place anywhere and does not have to be in front of Beis Din.<ref>Rashi Kipsuto</ref> | ||
− | Seeking extended servitude is considered a very spiritual demeaning action since it is much harder to serve Hashem when one has to answer up to and serve another man.<ref name="Shover Zadim | + | Seeking extended servitude is considered a very spiritual demeaning action since it is much harder to serve Hashem when one has to answer up to and serve another man.<ref name="Shover Zadim Shemos"/> If a person comes to reject Hashem’s ownership and accept the yoke of another human, let him first face a piercing by the door and doorpost who witnessed Hashem’s acquisition of the Jews as slaves to Himself at the same time He jumped over these objects in Egypt sparing the Jewish homes.<ref name="Rashi Shemos 21/6"/> Specifically the ear is chosen as the body part to be pierced since this man chose to ignore the commandment he heard by Mount Sinai “Do not steal” or if he sold himself; the statement of “to Me the Jews are slaves”.<ref name="Rashi Shemos 21/6"/> |
− | Once this procedure is done, the Jewish slave can retain his status until the following Yovel where he is forced to go free. This sets the maximum possible servitude at 49 years and the maximum servitude extension at 43 years. In many cases where the Yovel is not so far down the line, it is much less years.<ref name="Shover Zadim | + | Once this procedure is done, the Jewish slave can retain his status until the following Yovel where he is forced to go free. This sets the maximum possible servitude at 49 years and the maximum servitude extension at 43 years. In many cases where the Yovel is not so far down the line, it is much less years.<ref name="Shover Zadim Shemos"/> |
====HaElohim==== | ====HaElohim==== | ||
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Everything in the world, even mundane transactions contain G-dly life force which allows them to exist. For most people this is not evident until the transactions are brought before a Beis Din and are analyzed according to the Torah laws, displaying the concealed elements of G-dliness that they contained all along. Therefore the judges are called 'Elohim' since they make the G-dliness and Torah recognizable in all the mundane transactions that are brought to them (Even in items like crimes, oxan, donkeys, sheep, garments and lost objects).<ref>Likutay Halachos, Choshen Mishpat, Hilchos Dayanim 4/3</ref> | Everything in the world, even mundane transactions contain G-dly life force which allows them to exist. For most people this is not evident until the transactions are brought before a Beis Din and are analyzed according to the Torah laws, displaying the concealed elements of G-dliness that they contained all along. Therefore the judges are called 'Elohim' since they make the G-dliness and Torah recognizable in all the mundane transactions that are brought to them (Even in items like crimes, oxan, donkeys, sheep, garments and lost objects).<ref>Likutay Halachos, Choshen Mishpat, Hilchos Dayanim 4/3</ref> | ||
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==Laws of Jewish Maidservants== | ==Laws of Jewish Maidservants== | ||
− | A father is allowed to sell his minor (Kitana) daughter as a Jewish maidservant before the age of 12<ref name="Rashi Shemos 21/7"/> or until she displays signs of adulthood. From the age of 12 to 12 and a half (Naarah / נַעִרָה), although a girl is still considered to be under her fathers jurisdiction, he is not allowed to sell her and certainly not once she becomes an adult<ref name="Rashi Shemos 21/7"/> (Bogeret / בּוֹגֶרֶת). This is generally done in cases of severe poverty where the family cannot afford to maintain the child. Selling her to a wealthy family will ensure that she is properly fed and clothed and even opens the possibility of her master or one of his sons marrying her.<ref name="Shover Zadim | + | A father is allowed to sell his minor (Kitana) daughter as a Jewish maidservant before the age of 12<ref name="Rashi Shemos 21/7"/> or until she displays signs of adulthood. From the age of 12 to 12 and a half (Naarah / נַעִרָה), although a girl is still considered to be under her fathers jurisdiction, he is not allowed to sell her and certainly not once she becomes an adult<ref name="Rashi Shemos 21/7"/> (Bogeret / בּוֹגֶרֶת). This is generally done in cases of severe poverty where the family cannot afford to maintain the child. Selling her to a wealthy family will ensure that she is properly fed and clothed and even opens the possibility of her master or one of his sons marrying her.<ref name="Shover Zadim Shemos"/> |
===Emancipation=== | ===Emancipation=== | ||
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===Yiud=== | ===Yiud=== | ||
− | It is recommended that the owner or his sons marry this maidservant and it is considered a Mitzvah.<ref>Rashi Kipsuto</ref> This process is called Yiud and the initial payment to the girl’s father retroactively serves as the Kidushin money.<ref name="Rashi Shemos 21/9">Rashi Shemos 21/9</ref> Buying a girl in her early years allows the family to shape and conform her to their peculiarities, thus creating a great match for one of their sons. It is also creates an opportunity to marry off a problematic son.<ref name="Shover Zadim | + | It is recommended that the owner or his sons marry this maidservant and it is considered a Mitzvah.<ref>Rashi Kipsuto</ref> This process is called Yiud and the initial payment to the girl’s father retroactively serves as the Kidushin money.<ref name="Rashi Shemos 21/9">Rashi Shemos 21/9</ref> Buying a girl in her early years allows the family to shape and conform her to their peculiarities, thus creating a great match for one of their sons. It is also creates an opportunity to marry off a problematic son.<ref name="Shover Zadim Shemos"/> |
− | If one of them does marry her, all he has to say is “you are engaged to me with the initial purchase money paid to your father”.<ref name="Rashi Shemos 21/9"/> If he later marries a second wife, he cannot hold back his obligations of food, clothing and relationships to her. Although this is true for all wives, there is extra fear that a former maidservant will be abused.<ref name="Shover Zadim | + | If one of them does marry her, all he has to say is “you are engaged to me with the initial purchase money paid to your father”.<ref name="Rashi Shemos 21/9"/> If he later marries a second wife, he cannot hold back his obligations of food, clothing and relationships to her. Although this is true for all wives, there is extra fear that a former maidservant will be abused.<ref name="Shover Zadim Shemos"/> Once married, the girl is like a regular wife does not go free after growing signs of adulthood. |
If she does not please them to the extent that one of them would want to marry her,<ref name="Rashi Shemos 21/8"/> they should help her be redeemed by an external party, willingly agreeing to deduct the percentage of the six years served off the refunded payment amount.<ref name="Rashi Shemos 21/8"/> If she is not redeemed, neither her master or her father are permitted to sell her to someone else, after betraying her; the master by not marrying her and the father by selling her to this master.<ref name="Rashi Shemos 21/8"/> She eventually goes free with one of the three release methods of a Jewish maidservant. | If she does not please them to the extent that one of them would want to marry her,<ref name="Rashi Shemos 21/8"/> they should help her be redeemed by an external party, willingly agreeing to deduct the percentage of the six years served off the refunded payment amount.<ref name="Rashi Shemos 21/8"/> If she is not redeemed, neither her master or her father are permitted to sell her to someone else, after betraying her; the master by not marrying her and the father by selling her to this master.<ref name="Rashi Shemos 21/8"/> She eventually goes free with one of the three release methods of a Jewish maidservant. | ||
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==Laws of an Intentional Murderer== | ==Laws of an Intentional Murderer== | ||
One who strikes a man so that he dies is considered an intentional murderer and receives the capital punishment of beheading. He is only guilty if the blow had the power to naturally kill and if the injured individual died from it. This death penalty applies whether he murdered a man, woman or child but does not apply for the killing of a newborn child that has no chance of survival. Even a Kohen who wishes to serve in the Temple receives the death penalty if found guilty. However if a child under the age of thirteen kills, he is not punished.<ref>Rashi</ref> A physician who killed a patient, the agent of the court who killed by administering forty lashes, a father who strikes his son and a teacher who disciplines his pupil are not considered intentional murderers although they intentionally hit the victim since they had no intention of killing him.<ref>Rashi Shemos 21/14</ref> | One who strikes a man so that he dies is considered an intentional murderer and receives the capital punishment of beheading. He is only guilty if the blow had the power to naturally kill and if the injured individual died from it. This death penalty applies whether he murdered a man, woman or child but does not apply for the killing of a newborn child that has no chance of survival. Even a Kohen who wishes to serve in the Temple receives the death penalty if found guilty. However if a child under the age of thirteen kills, he is not punished.<ref>Rashi</ref> A physician who killed a patient, the agent of the court who killed by administering forty lashes, a father who strikes his son and a teacher who disciplines his pupil are not considered intentional murderers although they intentionally hit the victim since they had no intention of killing him.<ref>Rashi Shemos 21/14</ref> | ||
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==Laws of an Accidental Murderer== | ==Laws of an Accidental Murderer== | ||
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===Divine Arrangement=== | ===Divine Arrangement=== | ||
− | + | People can not avoid punishment for wrong doings, even if a sentence can not be issued by a human court due to lack of evidence. This is apparent in a case where two people killed others, one intentionally and one unintentionally but there were no witnesses who could testify, resulting that the intentional murderer was not executed and the unintentional killer was not exiled. Hashem therefore brings these two killers into one inn. The intentionally murderer happens to sits under a ladder while the unintentionally killer is climbing it. He then falls killing the intentional murderer. This time witnesses testify about him and he is sentenced to exile. The result is that the one who killed unintentionally is exiled, and the one who killed intentionally was killed<ref name="Rashi Shemos 21/13"/>. | |
==Laws of Wounding Parents== | ==Laws of Wounding Parents== | ||
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===Eye for an Eye=== | ===Eye for an Eye=== | ||
− | Members of the Tzidukim sect who did not follow the teachings of the Sages and the Oral Law were known to poke out an offenders eye or chop off his hands and feet in retribution for having done the same to another person. Obviously the Tzidukim's claim to strictly follow the Written Torah was just a cover up, allowing them to live lives of unrestricted lust and therefore such punishments were often biased and influenced by bribery and corruption.<ref name="Shover Zadim | + | Members of the Tzidukim sect who did not follow the teachings of the Sages and the Oral Law were known to poke out an offenders eye or chop off his hands and feet in retribution for having done the same to another person. Obviously the Tzidukim's claim to strictly follow the Written Torah was just a cover up, allowing them to live lives of unrestricted lust and therefore such punishments were often biased and influenced by bribery and corruption.<ref name="Shover Zadim Shemos"/> |
==Laws of Wounding a Slave== | ==Laws of Wounding a Slave== | ||
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===Laws of a Habitual Gorer=== | ===Laws of a Habitual Gorer=== | ||
− | If a killer bull escapes death after three killings, | + | If a killer bull escapes death after three killings, he now is no longer considered tame but rather a habitual gorer (מוּעָד). If its owner has been warned in front of witnesses<ref name="Rashi Shemos 21/29">Rashi Shemos 21/29</ref> but does not watch it properly and the bull then kills a fourth time, his owner is also held responsible. Aside from the stoning of the bull, the owner is punishable by death through Heaven, unless he redeems himself by paying the levied fine.<ref name="Rashi Shemos 21/28"/> |
===Laws of Slave Goring Bull=== | ===Laws of Slave Goring Bull=== | ||
− | If the bull kills a | + | If the bull kills a slave, its owner must pay the slave owner a fine of thirty shekel regardless of the slave's value. |
====Responsibility for Animals==== | ====Responsibility for Animals==== | ||
− | If a person was completely righteous then his holiness spreads upon his animals and assets and on their own | + | If a person was completely righteous then his holiness spreads upon his animals and assets and on their own they will refrain from harming others and could be seen by a number of Tzadikim including the goats of [[Rabbi Chanina ben Dosa]]. Therefore if a persons animal or assets do harm others it is only due to his personal sins and he must then bear the payments as retribution or rectification of his sins.<ref name="Mi Hashiloach Part 1 Parashat Mishpatim">Mi Hashiloach Part 1 Parashat Mishpatim</ref> |
==Laws of Damage Caused by a Pit== | ==Laws of Damage Caused by a Pit== | ||
− | A | + | A person is liable for the death of an animal that was caused through its falling into his pit. He must reimburse the owner of the animal for its full value and he gets to keep the carcass of the dead animal. |
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==Laws of Bull Goring Bull== | ==Laws of Bull Goring Bull== | ||
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Moshe comes down and warns the Nation regarding refraining from approaching the mountain and purification. He then review with them the laws previously given to them in Mara and the seven commandments of the sons of Noach, to which the Jews commit to keep. Moshe then writes the Torah, starting from Berashis until Motan Torah. On the 5th of Sivan he performs the convent with them. In between the splashing of the blood on the alter and the splashing on the Nation, he reads what he wrote and the Jews accept it saying “we will do and we will hear”. While on the mountain Nadav , Avihu and the Seventy Elders gaze at the Shichina while eating and drinking, out of over excitement for Hashem<ref>Likutay Halachos, Hilchos Trumos Umasros 3/2</ref> and are sentenced to death. After the Torah is given Moshe is called to ascend the mountain for forty days. | Moshe comes down and warns the Nation regarding refraining from approaching the mountain and purification. He then review with them the laws previously given to them in Mara and the seven commandments of the sons of Noach, to which the Jews commit to keep. Moshe then writes the Torah, starting from Berashis until Motan Torah. On the 5th of Sivan he performs the convent with them. In between the splashing of the blood on the alter and the splashing on the Nation, he reads what he wrote and the Jews accept it saying “we will do and we will hear”. While on the mountain Nadav , Avihu and the Seventy Elders gaze at the Shichina while eating and drinking, out of over excitement for Hashem<ref>Likutay Halachos, Hilchos Trumos Umasros 3/2</ref> and are sentenced to death. After the Torah is given Moshe is called to ascend the mountain for forty days. | ||
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===Will Do Then Hear=== | ===Will Do Then Hear=== |