Parshat Mishpatim
27 Shevat 5762
February 9, 2002
Daf Yomi: Baba Metzia 79


Guest Rabbi:
Rabbi Aryeh Ralbag
Young Israel of Avenue K, NY

Parshat Mishpatim contains the basics of civil law. These are the laws dealing with Man's relationship with his fellow Man.

The Mizrachi expounds on Rashi's comments on the Sedra, that the civil laws were also given on Sinai (Shemos 21:1). He proffers that civil laws were G-d given on Mt. Sinai in the same manner as the Decalogue. Namely, just as the Ten Commandments were given in thunder and lightning, so too the Civil Laws. This is in contrast to the other commandments, which were commanded to Moshe who taught them to Israel.

Furthermore, the Ramban (Shemos 15:26) quotes the Mechilta on the verse, "And that what is honest in His eyes you shall do." "This refers to business ethics. It informs us that whoever conducts his business in an ethical manner, and people are content with him, is considered to have fulfilled all the precepts of the Torah."

Why? Why the great emphasis on man's interpersonal relationships, "Mitzvot ben adam l'chavero", almost to the exclusion of the other Mitzvoth?

The answer, explains my mentor, my teacher, Rabbi Simcha Zissel Broide zt"l, Rosh Yeshiva of Hebron Yeshiva in Jerusalem, seems to lie in how we view the Mitzvoth. In our Sedra, we find the laws of an eved ivri, Hebrew servant (Shemos 21, 2) and those of loansharking or usury (Shemos 22:24). Are they only to be considered individual Mitzvoth with no real connection between them? Or are they interdependent, both being only part of the whole picture, with a common interconnecting goal?

Rabbi Simcha Zissel writes (Som Derech, Shmot, Maamar 15- Mishpatim) that we have to analyze, seek and search out the metaphysical/spiritual meaning behind the Mitzvoth. In this way we can emulate HaShem in our daily lives. This is based on the Even Ezra (quoted by Ramban, Shemos 15:26) that we must understand the true depths of the various Mitzvoth. This analysis should lead to our being "Tov Veyoshor" - ethical and honest in our everyday interactions.

For instance, the Torah tells us "Treifa meat of the field do not eat, throw it to the dogs" (Shemos 22:30). The Baalei HaTosafot explain this as follows: Dogs endanger themselves while protecting sheep from being ripped asunder by wolves. It follows that we owe even dogs hakarat hatov, gratitude for what they do. Therefore, when we do have a treifa, a dead animal that had developed a non-kosher blemish, we must give it to the dogs as a sign of our appreciation. This means to be Tov VeYashar Beinei HaShem, good and sincere in G-d's eyes.

Furthermore, explains Rabbi Simcha Zissel, the prohibition against seething a kid in its mother's milk (Shemos 20:24) is also approached in this same manner. It is a sign of an evil character - a sadistic streak - to cook a goat in its own mother's milk. It shows a complete lack of sensitivity to the feelings of others, even animals. In order to avoid this possibility, when one buys meat and milk from the open market, the Torah prohibits the intermingling of all milk and meat (Even Ezra). Again the lesson to be culled is sensitivity to other people's feelings.

Rabeinu Yonah at the outset of his commentary to Pirkei Avoth 1:1 posits that Din, civil legislation, is the vehicle which leads us to the true knowledge of HaShem. Only by analyzing and emulating what lies behind HaShem's Mitzvoth are we able to truly know Him.

This leads us to a completely different "Weltanschauung." This is a world view in which the individual Mitzvoth between Man and Man, though their meticulous observance is obligatory on every Jew, are only part of the whole picture. There is an all-encompassing obligation of "V'asita hayashar v'hatov," you should do good and act with integrity. According to the Ramban (Devarim 6:18) this essentially means that after HaShem has informed us of our obligation to observe, dikdukay mitzvoth, the minutiae of social interpersonal commandments, we are to internalize them. After internalizing them, we are obligated to extrapolate these social laws to all our other daily interpersonal relationships. The net result must be that we are known as "persons of integrity." This means essentially that we are obligated to lead our everyday lives in such a manner, so that we are identified by others as being "honest, straightforward persons with integrity."

To quote the words of the Ramban (Devarim 6:18), "Gam b'asher lo tzivcho ten da'atcha la'asot hatov v'hayashar" - "Also in matters that G-d did not instruct you, you are obligated to do that which is good and honest."

The Torah can not regulate our lives every minute of the day, to include all our interpersonal relationships, business ethics, and societal mores. Rather the Torah has given us general guidelines in the form of the Mitzvoth ben Adam l'chavero - commandments between one person and another. These include the laws of torts and damages, theft, slander, etc. It is then our obligation to cull the essence of these Mitzvoth, and to lead our lives in such a manner, "ad she'yikareh b'chol inyan tam v'yashar" that we are always referred to as "people of integrity" (Ramban, Devarim 6:18). This includes, but is not limited to, such essentials as a willingness to compromise, a pleasurable demeanor, and a non-aggressive speech.

If we are only careful in following the law, but miss the spirit of the law, then we have failed miserably in our life's task. Then one is a despicable scoundrel though he follows the letter of the law. However, if we are honest and fair and others are at ease with us, then it is as if we actually fulfilled the whole Torah. This is the meaning and relevance of the powerful words of the Mechilta quoted by the Ramban (Exodus, 15,26): "Kol Hanosay v'noten b'emunah v'ruach habriyot nocheh haymenu ma'aleh alav k'eelu kiyem kol haTorah koolah." Whomsoever conducts business in an ethical trustworthy manner and other people are content and at ease with him, is considered to have fulfilled all the precepts of the Torah.

This is the true meaning of gadlut ha'adam - the greatness of man.