Points to Ponder

Mishpatim/Shekalim  5777

These are the Mishpatim that you shall place before them (21:1) – Rashi explains that the word Lifneihem refers to Klal Yisrael. We alone have received the Torah and not the nations of the world. But are they not commanded to establish Dinim? Isn’t that one of the 7 Mitzvos? Rav Chaim Pinchas Sheinberg ztl. explained that there is a Mishna in pirkei Avos that declares that what is mine is yours and what’s yours is mine is an Am HaAretz. Rav Chaim of Volozhin explains that the ignorance here is the ignorance of Torah because he who does not receive the Torah determines law on the basis of intellect. Intelligence and logic can sometimes proves faulty. But Klal Yisrael is obligated to do something more. Rav Sheinberg explains that we are to contribute the Jewish soul  -- which is supposed to pass through this world in purity. That contribution requires a set of laws that are entirely different. Hence, we ae given Mishpatim uniquely.

And his master shall prick his ear () – Why does the ear get pierced? The Gemara (Kiddushin 22b) quotes Rabbi Yochaan Ben Zakkai who explained that the ear that had heard the Hashem’s voice on Ha Sinai and heard Hashem declare that Bnei Yisrael were to be Avadim to him alone is now attached to a person who sold himself needs to be punctured. Why do we focus on specific organs? Rav Chaim Shmuellevitz ztl. explained that the power of hearing is very Chashuv  -- it adds to the personal experience and colors that experience with a life (hence Meisir Atzmo MeeShimoa Torah Gam Tefillaso Toeiva – it is missing the flavor). The power of the experience passes from generation to generation when the story is personalized. Thus, even though the Eved himself never heard the experience at Har Sinai – his story listening was defective in the pipeline somehow and it led to his reversal of that which he had heard Hasehm declare. Accordingly – that ear too, should be pierced .

When fire goes forth ()- Rav Schachter Shlita pointed out that the prohibition against doing damage is based on the idea of ownership. In the same way that one is not permitted to steal from someone, one may also not damage his property. We see this clearly in regard to one who damages with fire. If the damage occurred in the process of doing a Mitzva, then Chazal exempted him from paying. If the damage was a by-product of a non-Mitzva but permitted action (Rodef for instance see Bava Kama 60b) then the person is liable. Rav Schachter explained that this is so because in the latter case the person performed the damage unintentionally which implied that s/he was lax in being careful with himself. When a person is running to perform a Mitzva, the damage was intentional – it was the person’s intent to do the Mitzva and he was not lax at all. (If he intended to do the damage and the Mitzva was merely by-product, s/he would certainly be liable).

If Kofer is assessed on him () – Why was Moshe not troubled by the Kofer here but at the time of Machatzis HaShekel he was mystified until Hashem showed him “Zeh”? The Chasam Sofer explains that it is relatively simple to assess one’s physical worth. The difficulty for Moshe was establishing a scale to measure the intellectual capabilities, Spiritual value and Chochma of a Jew. For these things are priceless. This was Moshe’s difficulty – how to measure a soul (Nafsho). Hashem told him that the cost was a Chatzee Shekel – the rest is a Cheilek of Hashem…

And I shall get rid of the Machala (23:25) – Rav Shaul Yisraeli Ztl. pointed out that this possuk is teaching us that preventative medicine is more valuable than restorative medicine. He added that the best preventative medicine is the healthy Nefesh. Perhaps that is why great Torah leaders – the Ramban and Rambam, were also doctors as it gave them the perspective to appreciate the healthy soul and Niflaos HaBorai.

Naaseh V’Nishma (24:7) – the Sifrei (Devarim 343) recounts in detail how Hashem went from nation to nation to see if each would accept the Torah. Each one asked what was written in it and then later rejected it as a result of Hashem’s response. That is, until Bnei Yisrael answered Naaseh V’Nishma. What is wrong with asking what was written in the Torah? Rav Noach Weinberg ztl. pointed out that in essence each nation was asking if Torah fit into their current lifestyles. If the answer was in the positive, they would accept. If not, they would not. It was only the Jewish nation that understood that Torah was only for our good and did not need to “fit in” to our lifestyle, it WAS the ONLY lifestyle.

To the princes of Bnei Yisrael he did not send his hand (24:11) – Rashi identifies the princes here as Nadav and Avihu. Why are they referred to with these strong praises? And why as Atzilei which sounds like a sense of laziness? Rav Nosson Tzvi Wachtfogel ztl. cites the Yalkut Shimoni that notes that they were too lazy to sin. He adds that while generally people are lazy when it comes to Mitzva observance, they are more quick to run to sin. The praise of Nadav and Avihu was that they acted in the opposite manner – making themselves too lazy to sin.