Wednesday, January 26, 2011

A Thought on Parshas Mishpatim

A Thought on Parshas Mishpatim

"...al kol dvar pesha al shor al chamor al seh al salma..."
"...any act of negligence over an ox, donkey, lamb or garment..." (22:8)

This verse pertains to the passage about theft, failure to safeguard other's possessions and a Jew's responsibility and (double) liability for certain negligent acts. It is quite explicit and straightforward, marking a fundamental of our Choshen Mishpat laws of integrity and trust.

Rabbeinu Chaim Paltiel offers another view of the verse, built upon midrashic sources. What else might the Torah being teaching us? There is an allegorical theme, he writes.

He begins with the observation that the words al dvar (any act) equal the numerical value of Aharon. The verse is alluding to our beloved Kohen Gadol, Aharon the brother of Moshe. How does he or his history fit into the verse?

Rabbeinu Chaim Paltiel then offers that pesha (negligence) hints at the oversight of Aharon at whose hands the egel ha'zahav (golden calf) came about. This was a form of negligence for one as great as the pious Aharon HaKohen.

The next words, al shor (over an ox) is the reference to the egel itself. (I note that we also find that Dovid HaMelech calls the egel a shor (ox) in Tehillim 106:20). The words al chamor (over a donkey) refers to the Egyptian stragglers (eruv rav) who instigated the demand for an inanimate figurehead to replace Moshe. They are compared to donkeys, stubborn and unreliable creatures (see Yechezkel 23:20).

The words al seh are an allusion to those Jews who also strayed at that horrible moment. The prophet Yeshiyah called those troubled Jews seh pazura - scattered lambs (50:17).

Al salma (a garment) hints at the demand for an imposter leader. Rabbeinu Chaim Paltiel
traces this to simla lecha katzin ti'he'yeh lanu (Yeshaya 3:6) - where people proclaim outrageously, "You have a garment! Be our leader!"

The next words in our verse say ad ha'elokim yavo dvar shnei'hem - both parties should go to the judge. The judge, he writes, is Moshe who is called a judge (Shmos 7:1). "Both parties" refers to HaShem and Aharon. The Torah hints to us that Aharon was called to task from Above to explain his role in bringing about the egel. Moshe intervened after "hearing both sides."

Our verse concludes asher yarshi'un ha'elokim yishalem shanyim l're'aihu - when justice is served the one at fault must pay double to his companion. Rabbeinu Chaim Paltiel notes that HaShem ka'va'yachol is referred to as a "Companion" as it says zeh Dodi v'zeh Re'ie - He is my Beloved and my Companion (Shir HaShirim 5:16). The double payment of our verse alludes to the loss of Aharon's two sons when they brought forth unbidden offerings.

With this profound sequence of observations, Rabbeinu Chaim Paltiel once again astounds us with his ingenuity and clarity in bringing to light yet another facet of the Torah's many lessons and messages. Good Shabbos. D Fox

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