PARSHAS MISHPATIM | 27 SHEVAT 5769 | 21 FEBRUARY 2009

The commentators ask what connection there is between this week's parsha and the end of last week's parsha, which dealt with the altar in the temple and tabernacle. They explain that the juxtaposition is supposed to teach us that the Sanhedrin, the Supreme Jewish Court, should convene in close proximity to the altar. In practice, the Sanhedrin met in a chamber on Temple Mount, called The Chamber of Palhedrin. What is the connection between those two - why did G-d make these two ideas adjacent in the Torah, and why does He hint to us that the Sanhedrin should be near the altar?

One explanation of this juxtaposition is that the Torah is directing us to a fundamental duality of Jewish life, civic responsibility and service of G-d. Although it may seem that one is a religious matter and the other is not, Judaism sees both as primary expressions of what it means to be a Jew. A person who focuses only on service of G-d or on his civic responsibility will not be develop his full Jewish potential. Being very pious in the House of Worship, but then going to the boardroom and committing fraud, tax evasion, or other white collar crimes, is not

an acceptable form of Judaism. Neither is being scrupulous in business, paying taxes on time, never stealing a penny from anyone, but then ignoring G-d, or not having any relationship with Him.

The recent colossal financial scandal which we are all still reeling from underscores this point. While the main perpetrator may have given large sums of charity, and volunteered his time to sit on the boards of many non-profits, his professed piety clearly did not translate into his business practices. He was a person who would have been happy to see the court far from the Temple, so that he could maintain his religious actions without having his conscience assaulted by the paragon of jurisprudence being located next to the altar.

Unfortunately, our world also suffers greatly from a lack of appreciation for the other side of this message. Many people confuse being a good Jew with being a good citizen. They feel that as long as they are honest in business, pay their taxes, keep their lawn mowed and sidewalks shoveled, they are being all they can be as Jews. But in truth,

that might make them a good American, but Judaism is a much richer experience than that, one that includes a relationship with the Divine; one that includes prayer, Torah study, mitzvos, and spirituality. Right next to the zenith of civic propriety was the altar - the place where mankind related to Hashem.

There is an analogy often used to understand this concept. Imagine a person who achieves extraordinary success. He becomes a world renowned surgeon saving people’s lives daily, and then turns to research and discovers the cure to a particularly resistant strain of cancer. He flies all over the world presenting his findings and freely dispensing his cures. There is one thing however that separates him from most people. He has no relationship whatsoever with his parents, despite the fact that his parents took good care of him as a child, showered him with love and attention, and worked hard to ensure that he would have numerous avenues to develop his skills and faculties. In Judaism, this person would be the person who does everything right from a civic standpoint yet has no relationship with G-d, no personal altar.

The Holy Temple in Jerusalem was meant to be a model that showed Jews the way to make a temple within themselves. Indeed the wording for the commandment to make a Tabernacle indicates this: “And they shall make for me a Tabernacle and I will dwell within them” (Exodus 25:8). Just as the Temple had the civic courts of justice and the altar next to each other indicating their equal importance, so to we should make our civic justice and our relationship with G-d into equal components of the temples we build within us!

Rabbi Burnham can be reached at: rabbiburnham@partnersintorah.org

ואלה המשפטים אשר תשים לפניהם"And these are the ordinances that you shall set before them."

(Exodus 21:1)

T his week's parsha is the first parsha to detail many of the civil and criminal laws that are an integral part of the Torah. Examples of laws found in this week's parsha are those dealing

with stolen items, property damage, murder, integrity of the judicial system, and the responsibility of guardians.

Parsha Perspectives RABBI LEIBY BURNHAM

M I S H P A T I M Talking Points RABBI ELAZAR MEISELS

1. JEWS ON STRIKE “When men quarrel and one man hits his fellow with a stone or his fist; and he does not die but becomes bedridden. If he gets up and is able to walk outside on his own power, the one who struck him shall be acquitted. Still he must pay him for his loss of work, and for his medical treatments. ” 21:18, 19

Shall be acquitted – Would it enter your mind that this person, who has not killed would be killed? But here you are taught that he is imprisoned until it becomes clear whether the victim will recover. And this is the meaning of, “When the victim rises and walks with his cane” then the one who struck the blow is acquitted. But so long as the other has not risen, then the one who struck the blow is not acquitted – Rashi

His medical treatments – The Hebrew for this is “V’rapoh Yerapeh,” and the letter Peh is pronounced with a dagesh which means it’s a hard Peh, not a soft Feh. This is true for every instance in which the Torah refers to healing at the hands of a human being. This stands in stark contrast to instances where the Torah speaks of healing at the hands of the Almighty in which case only a soft Feh is used. This is because human healing usually generates enormous pain before the cure can be achieved. Bitter medicines and harsh side effects are common. Painful surgeries and follow-up treatments are routine. Healing by the hands of the Almighty, however, is soft and gentle and entails zero discomfort. – Rabbeinu Bachya

Rabbi Yonasan Eibshutz zt”l pointed out that when one enters into an argument with his fellow, he is liable to strike out against him. Sometimes he’ll use his fist and other times he’ll secretly badmouth him to others. Here the Torah hints to the fact that in some ways it is actually preferable to use ones fists rather than his tongue, for physical blows can be absolved by reimbursing him for effective medical treatments. The effects of slander, on the other hand, are virtually impossible to undo.

2. JUDGING THE JUDGES “Do not curse judges. Do not curse a leader of your people.” 22:27

Do not curse judges – [The use of the term, Elohim] is the source for prohibition against cursing G-d as well as the prohibition against cursing judges. – Rashi

Do not curse judges – Even if you believe that the judge turned the judgment against you unfairly, do not curse him for a person is blind to his own faults. – Sforno (Rabbi Ovadia Sforno)

Do not curse judges – The verse speaks of situations which frequently occur because kings and judges often judge monetary and capital cases and are likely targets for abuse. – Rashbam (Rabbi Shmuel ben Meir, France, 1080-1160)

A leader of your people – Only when he behaves as a member of the people [i.e. he follows the Torah’s strictures and commands.] – Talmud, Tractate Yevamos 22a

The Kotzker Rebbe zt”l explained that this Talmudic limitation can be explained in another manner as well. Kings are only human and prone to making mistakes. So long, however, as the king acts in what he perceives to be the best interests of the people, one may not curse him even if the result is not to his liking. Only if they act in self-interest can they be targets for severe criticism.

3. DON’T CRY ME A RIVER “Keep away from anything false. Do not kill a person who has not been proven guilty or one who has been acquitted. I will not let a guilty person escape punishment.” 23:7

Do not kill a person who has not been proven guilty – From where do we derive that in a case where one has left the court after having been convicted and a person says: ‘I have evidence to prove his innocence!’ that we bring him back? Because the Torah states: ‘Do not kill an innocent man.’ And though he may not be a righteous man for he has not yet been acquitted in court, nevertheless he is innocent from a death verdict for you must try to vindicate him. – Rashi

Keep away from anything false – Distance yourself from those who speak falsehood and spread slander, and this will lead to, “Do not kill a person who has not been proven guilty,” for falsifiers and slanderers cause many innocent people to be killed. – Rabbi Yosef Bechor Shor

Keep away from anything false – Why did the verse not use the more standard admonition, “Do not speak falsehood?” This is because speaking falsehood is so common and unremarkable that a simple admonition would not suffice. Instead the Torah phrased it this way, to add an extra layer of emphasis to the need to distance oneself entirely from falsehood. – Ksav V’kabbalah

The story is told that Rabbi Simcha Zissel of Kelm and his brother-in-law, both disciples of Rabbi Yisroel Salanter zt”l, pledged to distance themselves from all manners of falsehood. They once spent the evening in the home of a friend and his brother-in-law took ill and began to groan and cry out in pain. The groans grew so loud that it threatened to rouse the entire household. Rabbi Simcha Zissel entered his room to calm him, emerged a few minutes later and peace once again reigned in the home. When asked what secret healing process he had employed, Rabbi Simcha Zissel laughed and explained, “I did nothing to heal him. All I did was remind him of our pledge to distance ourselves from falsehood. If one is not careful, even his cries, if in excess of his true pain, contain a measure of falsehood.”

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Dear Jerry,

You just hit on a point that is really important. And while this year's Tu B’Shevat is already over, I hope to give you something to talk about with your son that will enhance the way he views this special day in the coming years. This idea was put forth by Rabbi Samson Raphael Hirsch (1808-1888), one of the greatest Jewish thinkers of the nineteenth century, but I will first use an analogy to explain it.

I recently went to a special visiting exhibit at the Detroit Institute of Arts, titled “From Monet to Dali; Modern Masters from the Cleveland Museum of Art.” Being that my group was there after hours for a special fundraiser, we had one of the museum curators give us a personal tour, stopping at all the most important works of art to explain them to us. Ironically, we barely talked about the actual artwork; we mostly talked about the artists. At each painting the curator would explain to us what the artist was experiencing in their life, and how it affected the art he produced during that time.

When we look at a beautiful and inspiring work, it is not enough to just admire it. It is really an opening for us to try to understand how that art came to be and what the motivation for that art might have

been. Rabbi Samson Raphael Hirsh says that this is the idea behind Tu B’Shevat. It is not simply a day to celebrate trees, but rather to celebrate the Artist behind those trees and to recognize the incredible wonders G-d embedded in the plant life around us.

Imagine that today I had 5,000 pounds of dirt, and I put a tiny little olive seed into it. I could come back in fifteen years and still find all the original 5,000 pounds of dirt there, but on top of it would be a 30 foot tall tree, weighing tens of thousands of pounds. It would be producing nutritious fruit to be eaten or to make olive oil, one of the best natural fats available in the world. Not only that, but even the leaves have significant medicinal properties. Where did all of that come from?? Think of an orange with thousands of perfect little "juice boxes" all holding just one drop of orange juice. These tiny compartments combined with the segment placement create an engineering marvel, perfectly suited to bring you a juicy fruit that contains a disproportionately high amount of liquid. (Not to mention you can use the peel in your garden as a slug repellent!) Who created such a complex fruit that can hold so much delicious juice?

Tu B’Shevat celebrates the fact that G-d created an incredible world for us to enjoy.

Just like we can only fully appreciate art by understanding its origin, so too we can only celebrate trees by celebrating their origin, the most incredible Artist of all, G-d.

Once we recognize what a gift these trees are, we also recognize that the gift comes along with certain responsibilities. G-d gave us incredible fruits, but He expects us to give back, by giving some of our fruit to charity. This is the second aspect of Tu B’Shevat. It was a day that would determine how one should give the proper tithes (donations) from their fruit. Once we appreciate what G-d did for us, we understand what we need to do in return.

These insights give Tu B’Shevat a richness far beyond what many see it for. It is a day to both celebrate the wondrous creations that surround us, and to recognize the responsibilities that come along with the wealth G-d provides us with. I hope that your next Tu B’Shevat will be a more meaningful one, and perhaps you can even encourage your son's school to give their students a deeper and richer understanding of this special Jewish holiday!

All the best,

Rabbi Leiby Burnham

Rabbi Burnham can be reached at rabbiburnham@partnersintorah.org

JEWISH ARBOR DAY? RABBI LEIBY BURNHAM

Dear Rabbi, My son attends Hebrew school at the local temple, and he came home a few days ago with something that bothered me, and I wanted your opinion on it. My son came home with a small plant and some dried fruit, and told me that it was Tu B’Shevat, which is the Jewish Arbor Day. He told me that the goal of the day is to celebrate trees. That bothered me a bit as it didn't sound like much of a religious day, but more of a naturalist's day. Do Jews really believe in celebrating trees? Thanks, Jerry C.

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OZER ALPORT

Why would the Torah command (א

us (23:7) to distance ourselves

from falsehood instead of simply commanding us not to lie? (Ayeles

HaShachar by Rabbi Aharon Leib

Shteinman)

The Torah forbids a judge to (בreceive any form of bribe from

either of the litigants, explaining

that doing so will distort his thinking and cause him to render incorrect judgments

(23:8-9). Why does the Torah give the

reason behind this mitzvah, something which it doesn’t characteristically do,

which could potentially mislead a judge

who, knowing the rationale behind the mitzvah, thinks he may accept a bribe and

simply be careful not to allow his

objectivity to be impaired? (Ayeles HaShachar by Rabbi Aharon Leib

Shteinman)

Ozer Alport can be reached at

ozer@partnersintorah.org

TABLE TALK FOR DISCUSSION AROUND THE SHABBAT TABLE

Soul Talk There is no question that when someone undergoes suffering of his own, he finds it easier to feel another person’s pain. But how can people who are not currently suffering accomplish the goal mentioned as one of the forty-eight ways to acquire wisdom (Pirkei Avos 6:6): נושא בעל עם חבירו, “sharing his friend’s burden”?

Rabbi Chaim Friedlander instructs us to learn from Moses. Moses did not grow up in slavery like the rest of the Jewish people. He was raised by Pharaoh’s daughter, Bisyah, in the Egyptian ruler’s palace. Yet, Bisyah, a secret convert to Judaism, informed Moses of his Jewish ancestry, and we know that his mother, Yocheved, was able to nurse him as an infant.

When he grew older, the Torah tells us (2:11): He (Moses) ,ויצא אל־אחיו וירא בסבלתם went out to his brethren and saw their suffering. As Rashi explains, ‘‘He placed his eyes and heart to feel pained for them.’’ Moses went out of his way to feel the suffering of his fellow Jews. He did not sit back and enjoy his luxurious royal lifestyle. His brothers were hurting, and he could not live without feeling their pain.

Moses cried and said to himself: ‘‘I am so pained for them! I wish I could die for them! There is nothing as difficult as making bricks!’’ Moses then offered his own shoulders and helped as many Jews as he could with their work (see Shemos Rabbah 1:27).

Rabbi Friedlander continues by suggesting that we need to strive to emulate Moses, to step away from dealing only with our concerns and start putting ourselves in the mind-sets and situations of others. We need to see their needs, worries, and pains. We need to become good listeners, and offer comforting and encouraging words. We can’t always do something tangible to solve our friend’s problems, but the fact that he knows that I share the pain of his burdens helps him tremendously. He knows that he does not face his problems alone.

The great Tanna, Hillel, told a potential Jewish convert that the Torah can be encapsulated in one directive: ‘‘That which is hateful to you, do not do to your fellow’’ (Shabbos 31a). Sensitivity for others, loving your friends and neighbors, and feeling their pains and burdens is what the entire Torah is all about. The goal of all the 613 mitzvos is to enable us to break free from the self-serving and selfish attitude with which we were born, and to step into the thoughts and feelings of those around us. This even includes thinking about the pain and anguish of Hashem Himself. As Rashi comments on Hillel’s statement: Hashem is also our ‘‘friend,’’ and we must offer Him our acts of friendship by sincerely attempting to feel His ‘‘burdens,’’ and fulfill all of His instructions for living, the entire Torah.

Included in sharing a friend’s burden is the act of praying for him. Thus, the Talmud (Berachos 12b) states that whoever can pray for another and does not is called a sinner ... If he is a wise and sensitive man, he will make himself sick over his friend’s problems.

[Rabbi Shlomo Zalman Auerbach once explained that when we recite a chapter of Psalms and say a Mi SheBeirach prayer for people who are ill, we demonstrate sensitivity, and our care and concern for them. However, people wrongly assume that the main aspect of these prayers is the Psalms. This is not so. The recital of Psalms creates merits, but these merits need to be followed by prayer. And the main part of these prayers is the saying of Amen by the minyan, a quorum of ten men, after the Mi SheBeirach is complete! This is when the prayer of the tzibbur, the group prayer, actually occurs. Thus, it behooves us to be careful to always remain attentive until the end of the Mi SheBeirach prayer after Psalms is completed, so that we can answer Amen.]

With permission from Artscroll’s Daily Dose