Evoking Sinai

By On · Add Comment

Why does Parshas Mishpatim begin with the laws of an עֶבֶד עִבְרִי – a Hebrew servant? What is the significance of this topic that marks it out as the first of the laws after receiving the Torah?

The Gemara in Bava Metzia 10a introduces a key concept to Jewish law; that a hired worker can stop in the middle of the job for whatever reason he chooses, so long as he compensates the lost labour, ensures a replacement etc. He cannot be made to work. This is in contrast to an עֶבֶד  who is a slave, and is bound to his work.

The psukim say: כִּי תִקְנֶה עֶבֶד עִבְרִי שֵׁשׁ שָׁנִים יַעֲבֹד וּבַשְּׁבִעִת יֵצֵא לַחָפְשִׁי חִנָּם - Should you buy a Hebrew servant, he shall work [for] six years, and in the seventh [year], he shall go out to freedom without charge. (21:2)

וְאִם אָמֹר יֹאמַר הָעֶבֶד אָהַבְתִּי אֶת אֲדֹנִי אֶת אִשְׁתִּי וְאֶת בָּנָי לֹא אֵצֵא חָפְשִׁי – But if the slave says, “I love my master, my wife, and my children. I will not go free,” (2:5)

וְהִגִּישׁוֹ אֲדֹנָיו אֶל הָאֱ־לֹהִים וְהִגִּישׁוֹ אֶל הַדֶּלֶת אוֹ אֶל הַמְּזוּזָה וְרָצַע אֲדֹנָיו אֶת אָזְנוֹ בַּמַּרְצֵעַ וַעֲבָדוֹ לְעֹלָם – his master shall bring him to the judges, and he shall bring him to the door or to the doorpost, and his master shall pierce his ear with an awl, and he shall serve him forever. (2:6)

There is a basic rule in the Gemara that the term “עֶבֶד” alone demarks a Canaanite, a slave, which is a permanent service, whereas an עֶבֶד עִבְרִי is a temporary status, which is why it must be specified.  My rebbi pointed out to me that when he begins his service (21:2), he is an עֶבֶד עִבְרִי whereas after the allotted time has passed at which he is meant to go free, should he remain to say, he has become an עֶבֶד – a slave, with no עִבְרִי – the Jew has become a Canaanite slave. Although this is not halachically accurate, this is certainly hashkafically accurate.

But what has he done that is so reprehensible, that he is pierced, a form of branding of property? Read Full Dvar Torah →

The deeper meaning of ‘Return’ and how to truly do Teshuva

By On · Add Comment

ב. וְשַׁבְתָּ עַד יְ־הֹוָ־ה אֱלֹהֶיךָ וְשָׁמַעְתָּ בְקֹלוֹ כְּכֹל אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם אַתָּה וּבָנֶיךָ בְּכָל לְבָבְךָ וּבְכָל נַפְשֶׁךָ:

2. and you will return to the Lord, your God, with all your heart and with all your soul, and you will listen to His voice according to all that I am commanding you this day you and your children.
ח. וְאַתָּה תָשׁוּב וְשָׁמַעְתָּ בְּקוֹל יְ־הֹוָ־ה וְעָשִׂיתָ אֶת כָּל מִצְוֹתָיו אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם
8. And you will return and listen to the voice of the Lord, and fulfill all His commandments, which I command you this day.
י. כִּי תִשְׁמַע בְּקוֹל יְ־הֹוָ־ה אֱלֹהֶיךָ לִשְׁמֹר מִצְוֹתָיו וְחֻקֹּתָיו הַכְּתוּבָה בְּסֵפֶר הַתּוֹרָה הַזֶּה כִּי תָשׁוּב אֶל יְ־הֹוָ־ה אֱלֹהֶיךָ בְּכָל לְבָבְךָ וּבְכָל נַפְשֶׁךָ:
10. when you obey the Lord, your God, to observe His commandments and His statutes written in this Torah scroll, [and] when you return to the Lord, your God, with all your heart and with all your soul.
In each of the above pesukim, as highlighted, there is the root ‘תשב’ – translating as ‘return’ or repentance. The Ohr Hachayim says that these three instances refer to three different types of תשובה.
The first one, ‘וְשַׁבְתָּ’ refers to תשובה על ידי תורה. As the pasuk says, ‘בְקֹלוֹ’.
The second one, ‘תָשׁוּב’ refers to תשובה as a מצוות עשה. As the pasuk says, ‘וְעָשִׂיתָ’.
The third and final one, ‘ כִּי תָשׁוּב’ refers to תשובה as a מצוות לא תעשה. As the pasuk says,’לִשְׁמֹר’.  Proof of this reference is, we know that when the torah has previously said זכור שבת – it is a positive commandment but when it says שמור שבת it refers to a לא תעשה.
Now that we have that clear, what are they each inferring? R’ Minkus explains that these are the three ways to serve hashem, which are the following:
1. חתן לכלה - the relationship between a bride and groom where there shud be nothing in the world to come between them besides hashem is a  ”דביקות” – cleaving to Hashem.

2. בן לאב - son to his father a role that is fulfilled through אהבה (love) and is therefore a מצוות עשה – “I go out my way for him”

3. עבד מלך - servant to his king which is a service done through יראה (fear) and is therefore a לא תעשה – “I don’t disobey him”.
When a Jew learns the torah, their נשמה - which is a חלק אלו-ה ממעל ‘a part of G-d’ - is interacting with its source of being.
In order for us to effectively and completely do תשובה, to truly ‘return’ to Hashem, we need to fulfil our responsibilities in this all important relationship. The same as the way a relationship will not survive if both partners do not fulfil their role, or if either of them become complacent, or if a son ceases to act as a son to his father or a servant rebels against his master or vice versa in each case - we cannot become complacent in our relationship with Hashem. We must be continuously re-evaluating our role and ‘returning’ to Hashem.

Tests and Consequences

By On · Add Comment

י. כִּי תֵצֵא לַמִּלְחָמָה עַל אֹיְבֶיךָ וּנְתָנוֹ יְ־הֹוָ־ה אֱלֹהֶיךָ בְּיָדֶךָ וְשָׁבִיתָ שִׁבְיוֹ

10. If you go out to war against your enemies, and the Lord, your God, will deliver him into your hands, and you take his captives
יא. וְרָאִיתָ בַּשִּׁבְיָה אֵשֶׁת יְפַת תֹּאַר וְחָשַׁקְתָּ בָהּ וְלָקַחְתָּ לְךָ לְאִשָּׁה:
11. and you see among the captives a beautiful woman and you desire her, you may take [her] for yourself as a wife. Rashi says:

 יא: ולקחת לך לאשה: לא דברה תורה אלא כנגד יצר הרע. שאם אין הקב”ה מתירה ישאנה באיסור. אבל אם נשאה, סופו להיות שונאה, שנאמר אחריו (פסוק טו) כי תהיין לאיש וגו’ וסופו להוליד ממנה בן סורר ומורה, לכך נסמכו פרשיות הללו -

You may take [her] for yourself as a wife: [Not that you are commanded to take this woman as a wife,] but Scripture [in permitting this marriage] is speaking only against the evil inclination [, which drives him to desire her]. For if the Holy One, blessed is He, would not permit her to him, he would take her illicitly. [The Torah teaches us, however, that] if he marries her, he will ultimately come to despise her, as it says after this,“If a man has [two wives-one beloved and the other despised]” he will ultimately father through her a wayward and rebellious son. For this reason, these passages are juxtaposed.]

The Rambam says that the pasuk’s instruction of ‘yefas to’ar‘ is a mitzva. Not just a heter (permit), Even if it is in a voluntary way ie and not milchemes mitzva.

We have two questions on the above pesukim:

Q1. The Gemara in Pesachim says ‘shluchei mitzva einam nezokin‘ – ‘people on the way to perform a mitzva are not harmed.’ So, how do we reconcile this gemara with the fact that according to the Ramban he is doing a mitzva, yet according to Rashi he will suffer  because he will hate her and that any child from this relationship is destined to become a בֵּן סוֹרֵר וּמוֹרֶה?

Q2. ‘לא דברה תורה אלא כנגד יצר הרע’ If it is indeed a mitzva like the ramban said, how is it connected to the yetzer hara? We know that mitzvos are for the side of the יצר טוב!

There are two answers that work together to answer the questions.

Firstly, the torah is guiding us even בשעת הירידה. It says that in a time when we are about to stumble, Hashem doesn’t leave us out in the proverbial cold – ‘we are permitted to take her for a wife.’ Note that it does not say ‘marry,’ and after 30 days of having her in the house, with a shaved head, unkempt, mourning and in sack cloth, the man will in theory realise who exactly he has in his house and will send her home after 30 days.

Secondly, כנגד יצר is in the here and now.  We have explained before that the יצר הרע is identified as impulsive and  so the torah permits this indiscretion, on the proviso that he gets rid of her after 30 days. If he marries her after the 30 days the יפת תואר‘s ‘loophole’ has expired, and he is, in fact, committing a sin and as a result, as mentioned above, he will have a ‘rebellious son.’

This dual concept is referred to in Rashi’s explanation – “אם נשאה, סופו להיות שונאה” – in the 30 days he is doing a mitzva, he is indeed not harmed – but after 30 days he is not a שליח מצוה. Hashem is both helping us and testing us and then telling us the consequences of failing the test.