Parashat Mishpatim
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===Extending Servitude=== | ===Extending Servitude=== | ||
| − | 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 | + | 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 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"/> | 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"/> | ||
Revision as of 20:22, 12 February 2015
Parshas Mishpatim is the sixth parsha in the Book of Shemos and the 6th week and final week of Shovavim in non leap years. It contains 118 pesukim. For the Haftora; the prophecy of Yirmiyah to the wealthy following the betrayal of their covenant to release their Jewish slaves, is read.
Teaching the Laws
Moshe is commanded to give over laws and explain all their mystical reasoning[1] and explanations to the Jewish Nation in an organized fashion.[2] 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.[2]
All the laws listed in Parshat Mishpatim were given to Moshe on Mount Sinai during the receiving of the Torah[2] as opposed to all the remaining commandments that were given to Moshe during his forty day stay in heaven.[3] Warning is given to always seek out a Jewish court fur 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.[2]
Laws of Jewish Slaves
A Jew can become a slave to another Jew when either he sells himself out of desperation and poverty or he is sold into servitude by Beit Din to payback money he had stolen and is unable to return.[4] Unlike a gentile slave who is enslaved for life, a Jewish slave goes free after six years of work or the Yovel, whichever comes first. He can also be redeemed by an external party that refunds the owner the amount he paid minus the percentage of time already served. If his owner terminates one of his limbs, a Jewish slave receives a monetary compensation for that but does not go free like a gentile slave.[5]
Previously Married Slave
If a Jewish slave was married to a Jewish woman at the time he entered the servitude, his master is permitted to pair him with a non Jewish maidservant to produce children.[6] These kids are not considered Jews and are the property of the slave owner, remaining in his position as gentile slaves even after their Jewish father goes free. Lasting for the entire period of servitude the master is responsible to support the original wife and small children of his Jewish slave.[7] When he is freed from servitude the obligation to support his original wife and children also ends.
Single Slaves
Owners are not allowed to pair single slaves with a non Jewish maidservant to produce children. Therefore if a Jewish slaves enters alone, only in the dressing of his garments (single), he shall go out alone.
Extending Servitude
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[8] on an upright standing door[8] that is attached to a door post.[9] 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.[10]
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.[1] 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.[8] 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”.[8]
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 extended servitude at 49 years and in many cases at much less where the Yovel is not so far down the line.[1]
HaElohim
Judges are referred to as Elohim, the same term used for Hashem, as it implies stature and authority.[11] Also when a judge is righteous and all his words are rulings are true, the light of Hashem Himself dresses itself in him through his truthfulness.[12]
Laws of Jewish Maidservants
A father is allowed to sell his minor (Kitana) daughter as a Jewish maidservant before the age of 12[5] 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[5] (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.[1]
Emancipation
A Jewish maidservants goes free after six years, upon growing signs of adulthood or upon the start of the Yovel, which ever of the three happens first. She can also be redeemed by an external party that refunds the owner the amount he paid minus the percentage of time already served.[13] If one of her limbs are terminated by her owner, she receives monetary compensation but does not go free like a gentile slave. Once a girl goes free her father loses his rights to sell her again even if she is still under age 12.[14]
Yiud
It is recommended that the owner or his sons marry this maidservant and it is considered a Mitzvah.[15] This process is called Yiud and the initial payment to the girl’s father retroactively serves as the Kidushin money.[16] 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.[1]
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”.[17] 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.[1] 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,[18] they should help her be redeemed by an external party, willingly agreeing to deducting the percentage of the six years served off the refunded payment amount.[19] 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.[20] She eventually goes free with one of the three release methods of a Jewish maidservant.
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.[21] 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.[22]
Laws of an Accidental Murderer
An accidental murderer that did not stalk his victim or intend to kill him,[23] has to exile and flee to the 'cities of sanctuary' or any of the 'Levite cities'[24]. If the accidental killing took place as part of a performance of a mitzvah, the killer is not held responsible.
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[25].
Laws of Wounding Parents
A person that wounds either[26] his father or mother causing blood to flow is sentenced to death through strangulation. Had he wounded another person in the same manner he would have only been liable to make a monetary compensation[27].
Laws of a Kidnapper
One who kidnaps a person and sells him is sentenced to death through strangulation. It is irrelevant if the kidnapper is a man, woman, Tumtum or Androgenis and if the kidnapped individual is male or female.[28] In order for the death penalty to be given, two witnesses must have seen him do the kidnapping, have the kidnapped individual in his possession and then sell him.[29]
Laws of Cursing Parents
A adult man or woman[30] who curses their father or mother is sentenced to death through stoning. If a minor curses their parent they are not held liable to be punished by death.[31]
Laws of Wounding Acquaintance
One who wounds his acquaintance in a fight, striking him, causing him to fall ill and therefore unable to work[32], is held liable to pay for his leave time and medical bills.[32] As long as the injured party is confined to his bed due to illness, the aggressor is jailed, for if his victim would die, he would be liable to face the death penalty for murder.[33] If the victim gets up and walks around outside using his health and strength,[33] then the assailant is released and only given a monetary sentence. Leave time is calculated by the idleness from his work due to the illness.[33] If he cut off his hand or his foot, we assess the salary of his leave time as if he were a watchman of a cucumber field, because even after recovery from the illness, he is not fit for work that requires a hand or foot and the assailant already paid him for the value of his hand and his foot.[33] Medical bills include the physician fees. [33]
Laws of a Slave Killer
One who kills his gentile slave or maidservant is sentenced to death through beheading. This only applies if he hit him with an object that has the potential strength to kill and in a place on his body that can cause death.[34] If the slave survived 24 hours[35] before dying, his owner is no longer held liable for his death, because he is his property. If the slave was struck by someone other then his owner, even if he lingers for twenty-four hours before he died, this person is liable to receive the death penalty.[35]
Laws of a Mistargeted Killing
If a person accidentally hits a pregnant woman as he aims to hit someone else, causing her to miscarry while she herself remains alive, he must pay for the value of the fetus to her husband.[36] In order to calculate the value of the fetus, the court assess how much the woman's value would have been increased in the slave market due to her pregnancy and the prospective slaves she would bear verse her regular value without pregnancy. The assailant must pay the difference between these two amounts[36] after being sued in court by the husband.[36]
A person that tries to kill one person and ends up killing another, it is debatable if he is punished by death or if he simply pays a fine to the victim’s heirs for his value were he to be sold in the slave marketplace.[36]
More Laws Regarding Wounding Acquaintance
Depreciation damage is evaluated by the lessening of his value on the slave market. If the wounded party becomes ill, the aggressor must compensate him for the evaluated pain, medical bills, humiliation and lost work time.
Laws of Wounding a Slave
A master that terminates the eye, tooth or any of the 24 limbs of his gentile slave, must free his slave.
Laws of Bull Goring Humans
A bull that kills a Jew, even a minor, is stoned to death but hid owner is not held responsible. If a killer bull escapes death after three killings and then kills a fourth time, his owner is also held responsible and aside form the stoning of the bull, the owner must pay a fine and is punishable by death through Heaven. If the bull kills a slave, its owner must pay the slave owner a fine of thirty shekel regardless of the slave's value.
Laws of Damage Caused by a Pit
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.
Laws of Bull Goring Bull
A juvenile bull that gores another bull killing him pays for half his value. An experienced bull that kills another must pay the full damage.
Laws of a Four or Five Times Repayment
A person that steals a cow and slaughters or sells it must pay five times its value if he is caught and found guilty. If the same is done to a sheep he must only pay four times the value.
Permission to Kill in Defense
It is permissible to kill a thief if it likely that he himself intended to murder.
Double Payments for Thievery
A person that steals and is caught red handed with the object in his possession must return double the value of the stolen object.
Laws of a Consuming Animal
An animal that enters someones property and damaged with its mouth, its owner must pay full damages.
Laws of Damage Through Fire
A person that is negligent with fire must pay for any damage it causes.
Laws of an Unpaid Custodian
A person that guards his friends assets for free is only responsible for negligence.
Laws of a Paid Custodian
A paid custodian is responsible for negligence and if the object he is guarding is stolen or lost.
Laws of a Borrower
A borrower is responsible for everything even if the object he borrowed is destroyed by circumstances beyond his control.
Laws of a Renter
A renter is not responsible if the object is destroyed in circumstances beyond his control and is responsible for negligence. There is a debate whether he is responsible for lost and stolen objects.
Laws of Seducer
A seducer must marry the girl he seduced. If the girls father rejects the match, the seducer must give him a fine of fifty shekel.
Laws of Witchcraft
A man or woman that practice occult are punishable by death.
Laws of Animalisum
A man or woman that has relationships with an animal is punishable to death through stoning.
Laws of Idolatry
A person that worships strange deities is punishable to death through stoning.
Transgression of Oppression
It is forbidden to oppress or cheat a convert. It is forbidden to oppress especially widows and orphans. Hashem listens to the cries of the oppressed and as a punishment for oppressing converts, widows and orphans a person can die without his family's knowledge.
Laws of Lending
It is a positive commandment to lend money to the needy. It is forbidden to charge interest. Collaterals must be returned at time of repayment. Hashem listens to the cries of the exploited.
Transgression of Cursing Leaders
It is forbidden to curse a ruler or judge.
Transgression of Confusing Order of Priestly Gifts
It is forbidden to confuse the order of priestly gifts.
Redemption of the Firstborn
Firstborns are holy and must be redeemed thirty days after birth.
Transgression of Sacrificing Infant Animal
It is forbidden to bring an animal as a sacrifice until he is seven days after birth.
Transgression of Eating Non Kosher Meat
If is forbidden to eat meat that has not been ritually slaughtered. It is a mitzvah to feed such meat to the dogs.
Laws of Litigation
It is forbidden to accept Lashon Hara. It is forbidden for a Judge to hear the arguments a single plaintiff without hearing a representative of the other side. It is forbidden to assist false witnesses. Death penalties can only be given when voted by a majority of at lest two more judges then the opposing party. For acquittal from the death penalty only an additional majority of one judge is needed. A judge is forbidden to remain silent and not issue his ruling. It is forbidden to favor a pauper during a trail even in order to issue him respect.
Laws of Returning Lost Objects
It is a positive commandment to return lost objects to its rightful owners. This is done only after the owner is tested, first identifying the object via its characteristics.
Laws of Helping
One should help all fellow Jews, even his enemies.
Additional Laws of Litigation
It is forbidden to warp the judgment of even a wicked person. It is forbidden to lie. A person that is found guilty of capital punishment should have his case evaluated a second time before the punishment is carried out. It is forbidden for judges to accept bribery. It is forbidden to oppress converts.
Laws of Shmita
Fields and vineyards must be made unrestricted to the public during the year of Shmita.
Rest of Shabbos
A person is commanded to rest on Shabbos and is responsible for the idleness of his servants and animals as well.
Keeping Mitzvot
A person is warned to keep all of Hashem's commandments and be cautious in regards to them.
Transgression of Mentioning Deities
It is forbidden to mention the name of deities or cause a gentile to make an oath in their name.
Holidays
One must observe the holidays of Pesach, Shevuot and Sukkot. It is forbidden to bring the Korban Pesach as long as a person has Chumetz in his possession.
Laws of Sacrificial Fats
It is forbidden to leave over sacrificial fats overnight and they must be burnt on the alter during the night time.
Laws of the Bikurim
It is a positive commandment for a person to bring the first of his fruit to the Temple.
Laws of Milk and Meat
It is forbidden to cook milk and meat together.
The Accompanying Angle
Hashem informs the Jews that they will be led and guarded by an angel until they reach Eretz Yisroel and conquer the land. Care should be taken to listen to him for Hashem’s name in his midst. If the Jews listen to the angel and all that Hashem commands, he will destroy all their enemies.
Hashem then warns them to serve or bow to their deities and not to imitate the customs of the Canaanites. Instead they are to destroy all the idols and break all the idolatrous alters.
The Promise
If the Jews serve Hashem he will bless their bread and water and remove all sickness from their midst. Women will not be childless or miscarry and all will live to old age. Hashem will send his fear over all the nations living in Eretz Yisroel and will kill many, in battle they will flee. He will also send hornets to sting and expel them. They will not be driven out at once but rather in installments so wild beasts do not multiply and come to occupy the unsettle land. The borders of Eretz Yisroel will range from the Red Sea until the sea of the Philishtim and from the desert to the River of Peras.
The Jews are warned that once they conquer the land they should not make peace treaties with the occupying nations and instead should expel them. Allowing them to remain in the country will eventually bring the Jews to worship their gods and sin.
Ascent to Mount Sinai
Hashem tell Moshe to climb Mount Sinai along with Aharon, Nadav , Avihu and the Seventy Elders. Moshe alone is permitted to go to the top, the others from the party must stop on the way up and the remainder of the Nation stays at the foot of the mountain.
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 and are sentenced to death. After the Torah is given Moshe is called to ascend the mountain for forty days.
References
- ^ a b c d e f Shover Zadim Shemos
- ^ a b c d Rashi Shemos 21/1
- ^ Ikar Sefsi Chachamim
- ^ Rashi Shemos 21/2
- ^ a b c Rashi Shemos 21/7
- ^ Rashi Shemos 21/4
- ^ Rashi Shemos 21/3
- ^ a b c d Rashi Shemos 21/6
- ^ Rashi Kipsuto
- ^ Rashi Kipsuto
- ^ Rashi Kipsuto
- ^ Likutay Halachos, Choshen Mishpat, Hilchos Dayanim 2/6
- ^ Rashi Kipsuto
- ^ Rashi Shemos 21/08
- ^ Rashi Kipsuto
- ^ Rashi Shemos 21/9
- ^ Rashi Shemos 21/9
- ^ Rashi Shemos 21/8
- ^ Rashi
- ^ Rashi Shemos 21/8
- ^ Rashi
- ^ Rashi Shemos 21/14
- ^ Rashi Shemos 21/13
- ^ Rashi Shemos 21/13
- ^ Rashi Shemos 21/13
- ^ Rashi Shemos 21/15
- ^ Rashi Shemos 21/16
- ^ Rashi Shemos 21/16
- ^ Rashi Shemos 21/16
- ^ Rashi Shemos 21/17
- ^ Rashi Shemos 21/17
- ^ a b Rashi Shemos 21/18
- ^ a b c d e Rashi Shemos 21/19
- ^ Rashi Shemos 21/20
- ^ a b Rashi Shemos 21/21
- ^ a b c d Rashi Shemos 21/22
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