Rabbi Benjamin YudinMishpatim: The Starting Line

The immediate proximity of Mishpatim, the Torah's interpersonal legal system, to the Aseres Hadibros is explained by the Mechilta to indicate that just as the Dibros are from Sinai, so to the Mishpatim are from Sinai. Rav Yosef Salant zt"l, in Be'er Yosef, explains that only the purification process undergone by the Jews at Sinai enabled them to accept the mishpatim. At first glance, an integral part of many of the mishpatim is tzedaka. If one purchases an eved Ivri, the fact that there are serious limitations regarding the nature of the work the master can impose on the servant (ex. - carrying his robe and slippers to the bath house is not allowed) reflects the dignity and rehabilitation that is to be afforded the former thief. Our acceptance of this higher standard of law that integrates great sensitivity to the next one's feelings could only occur after that Jewish people experienced the revelation of Hashem at Sinai (Shabbos 146a).

I'd like to suggest another understanding of the juxtaposition of mishpatim to the revelation. The Medrash Shemos Rabba (29:1) teaches on the passuk, "kol hashem bakoach - the voice of Hashem comes in power" (Tehillim 29:4) to refer not to the koach of Hashem which would be unbearable by man, but rather b'koach means in accordance with the ability (koach) of each individual. Young people understood the Aseres Hadibros one way, and those more mature understood it on a more sophisticated level. The mitzvah not to murder can be understood literally or to prohibit embarrassing someone publicly. The mitzvah not to steal was understood by some to prohibit kidnapping, by others to prohibit taking someone else's property, and by others to forbid giving a false impression (gneivas da'as). Just as these laws were understood in a variety of ways and beyond the literal meaning there are additional levels of comprehension, similarly the mishpatim are often presented speaking to the lowest common denominator, but contain many additional levels of application.

The Torah teaches (Vayikra 19:13) that one is to pay one's workers in a timely fashion. The Talmud (Bava Metzia 83a) teaches that Rabbah Bar Rav Huna hired workers to transport barrels of wine on his behalf. The workers were negligent and broke some of the barrels, prompting Rabbah to confiscate their coats as collateral for the damages caused. They went to Rav who ordered Rabbah to return their coats. When Rabbah questioned if this indeed the halacha, Rav answered in the affirmative citing Mishlei (2:20), "lma'an teilech b'derech tovim - in order that you may walk in the way of the good." When the workers further complained that they had worked all day and are poor and had not been compensated, Rav ordered Rabbah to pay them. Once again Rabbah questioned if this is the halacha, and Rav answered yes, citing the second half of the above verse, "v'orchos tzadikim tishmor - and keep the paths of the righteous." This teaches the very important concept of lifnim mishuras hadin - going beyond the letter of the law. Rav understood that Rabbah had attained such a high level of character development that for him "vhalachta bdrachav" (Devarim 28:9) required that he pay his negligent workers, just as Hashem enables the sinner to sin (as noted by the Tomer Devora).

The Torah (Shemos 35:4) teaches regarding Shabbos, "y'hiyeh lachem kodesh - it shall be holy for you." The Netziv understands this to mean that each individual ("you") shall make Shabbos holy according to his spiritual station. For the ignorant unlearned Jew this means that Shabbos is the day that he is especially careful not to lie. Thus while a buyer of produce generally could not rely on the uncultured farmer's assertion that the produce had been tithed, on Shabbos the farmer can be relied upon. Clearly the extended application of this teaching is that the table talk of the learned and more observant Jew should rise above politics and sports to be comprised of divrei Torah.

In conclusion, there is a delicious relevant story. Someone stopped the Chafetz Chaim and asked him if he change of a large bill. When the Chafetz Chaim took out his wallet to look, the enquirer grabbed his wallet and ran. The Chafetz Chaim did what every person would do and ran after the scoundrel. However, instead of shouting the usual "thief" or "stop that man", he shouted repeatedly "I am mochel - I forgive you and absolve you of the obligation to repay". To the Chafetz Chaim, lo tignov was such a serious offense that his immediate response was to prevent a Jew from being labeled a robber, rather than to attempt to retrieve his money. Rabbah Bar Rav Huna and the Chafetz Chaim might not yet be representative of the norm, but they do raise the bar and demonstrate the lofty levels of our Divine Mishpatim.