Parashat Mishpatim - Shabbat Shekalim
1 Adar 5761
February 24, 2001
Daf Yomi: Gittin 17


Guest Rabbi:
Rabbi Avraham M.I. Avnit
Young Israel of Dayton, OH

Slave for HaShem or for Man?

There is an amazing connection between the mitzvas asseh (positive mitzvah) of the Hebrew slave in Parashat Mishpatim and the mitzvah of shekalim in the portion of Shekalim.

Sefer Hachinuch (Rabbi Aharon HaLevy) points out that in Parashat Mishpatim there are no less than 23 mitzvos asseh (positive) and thirty mitzvos lo tasse (negative). The forty second mitzvah is the law of the Hebrew slave. Rabbi Aharon HaLevy also says that according to the Talmud, Kedushin 14b, although the slave is supposed to work for his master for six years, if the shemitah year (Sabbatical year) falls within this period, his master is obligated to free him. The same holds true if it is a Jubilee year, if the master is short of finances, or if the master passes away and is not survived by a son. The Talmud, Archin 29a, mentions that this type of slavery may only take place in Eretz Yisroel.

According to our Sages, the Torah wants to teach us that the most important thing for a Jew is a harmonious relationship with his fellow man. Thus, Kli Yakar and other commentators interpret the words "Asher Tasim Lifneihem," which you are to set before them (Exodus 21:1), to mean that the importance of the commandments relating to a Jew and his fellow man supersedes that of all other mitzvos. Rabbeinu Ephraim Gad (RE"G), found an acronym in the word "Tasim:" "Tasim Shulchan Yafeh Mesudar," which means, "Prepare and set the table before the meal."

Some of the commentators of the Torah ask why this first example of the numerous mitzvos concerning the relations between man and his fellow deals with slaves. Why with slaves and not thieves, or robbers, or--for that matter--relationships between close relatives, such as parents and children?

Some of the mefarshim (commentators) point out that the preceding portion of the week, Parashat Yitro, dealt with the Ten Commandments. The first of these commandments reads, "I am your HaShem who brought you out of Egypt, out of the land of slavery" (Exodus 20:2). Isn't it significant that here, too, slavery is mentioned? This significance is increased even further when we realize that the Torah recalls no less than 42 times that we, the Jews, were slaves in Egypt, warning us that having experienced the hardships and iniquities of slavery ourselves, we should never enslave others.

Baal Haturim (Rabbi Yaakov Ben Asher) found an acronym in the word Hamishpatim: "Hadayan Metzuveh Sheyaase Peshara Terem Yaase Mishpat"- The judge is warned that he is supposed to find a compromise between the litigants and create peace, as it says in Zechariah 8:16, "In your gates, judge with truth, justice, and peace." Therefore, the first law of human relationships is that no Jew, or any other human being, shall ever be enslaved for life. To a society in which bondage of enemies and prisoners of war--and also of tribal kinsmen who had fallen into debt--was accepted practice, the Torah prescribed a radical departure. It required a more humane and moral relationship between people, by stating that no Jewish slave should be kept for more than six years.

Torat Moshe (Rabbi Moshe Alshech) asks, "Why does the Torah call a man a Hebrew slave before he is even bought? Rabbi Alshech explains that this is a reminder to both the buyer-master and the slave, that the man was a slave beforehand, to another master--HaShem.

Immediately after the giving of the Torah, HaShem commanded Moshe to review it constantly with the Israelites until they would know it thoroughly and clearly; this was essential to enable them to understand how to carry out the commandments. Hillel the Elder stated that, "An ignorant man cannot be a sin-fearing man" (Avot 2:6).

In a similar manner, the great Rabbi Akiva advised teachers to review their subjects constantly with their students (Yalkut Shimoni 301). Rabbi Akiva himself is an example. He had been a shepherd but eventually attained great heights through diligence and scholarly review of his studies. The first commandment Rabbi Akiva taught his students concerned a Hebrew slave. If a Jew stole something and, upon being caught, does not have money to compensate the owner for what he has lost, our law is opposed to sending the thief to jail. Experience has shown that the jail is invariably the place where the offender is thoroughly trained in crime. Our ancients decided on a different course of action. The thief was sold as a slave, but nevertheless had to be treated with consideration.

Rabbi David Feinstein (Kol Dodi) states that in ancient times, people understood the seriousness of the crime of stealing. They understood that a thief deserves to be sold into slavery, as we see from the story of Benyamin being caught with Yosef's goblet in his possession (Genesis 44). In Yehudah's eloquent plea to Yosef to accept him as a slave in Benyamin's place, Yehudah never even suggested that servitude was an unjust punishment for stealing, even though he could easily have paid for the goblet.

The Sages stated (Talmud Kedushin 22), "Whoever buys a Hebrew slave, he buys a master for himself." The Jerusalem Talmud adds: "If the owner possesses only one cushion, he must give it to the slave and sleep on the ground." Rabbi Chaim of Volozhin logically explained that if the owner was so poor that he only had one cushion, but yet he owned a slave, it was only to boast about it to the neighbors--an act of snobbery as it were. This owner had to be discouraged from such an empty and stupid attitude and therefore had to bear the consequences. From this, we may infer what the real qualities of freedom and human dignity are. Even a thief has to be respected, and even helped, because man was created in the image of HaShem. Most of our laws are based on this basic principle. We must have a positive and friendly relationship with one another. We must beware lest we cause damage or loss to our neighbors. We must respect their persons and possessions and render aid if necessary.

From here we learn a lesson. A Hebrew slave becomes a slave because of wrongdoing, and the punishment is followed. The same applies to shekalim. The Jerusalem Talmud (Shekalim 2:7), connects the commandment of giving half a shekel with the Egel (Golden Calf) episode. The half-shekel is to atone for our submission to the Golden Calf, which occurred at the mid-point of the day.

The Chassidic Rebbe Yerachmiel Yisrael Yitzchak Dentziger of Alexander (Yismach Israel) says in his father's name that in Talmud Megillah 13b, Chazal say that HaShem predicted that Haman the wicked would weigh shekalim against Israel. Therefore, HaShem preceded him and asked the Jews to give shekalim on the first day of Adar. The request for the half-shekel signified the Achdus--unification. The Rebbe also says in the name of Rabbeinu Bachya and Rabbi Moshe Alschech that a Jew is complete only when he joins with his friend. He needs to weigh and balance the human scale, and he needs to love his fellow man with all his soul and might.

May we learn from Mishpatim love of HaShem and from Shekalim, love of our fellowman.