TalkingTorah - TorahThoughts Mishpatim 00
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TorahThoughts

Mishpatim

Exodus 21:1 - 24:18; Numbers 28:9 - 15
Haftarah: Isaiah 66:1 - 24

29 Shevat 5760
2/5/00

Focus Passage: Exodus 22:21 - 27

Fundamental Responsibilities

In these verses we see a series of responsibilities laid upon Israel relating to the underprivileged in society. The admonitions may be summed up with the statement that they were commanded to show justice tempered with mercy to the weak, the helpless, and the underprivileged of society. Although some ancient law codes show similar concerns, in no other instance were these concerns based upon the nature and authority of their gods.

Unique to Israel was the expressed concern of their G-d for such people.

The first such responsibility was directed toward the "stranger." The term used here was aimed specifically at a stranger who was a permanent resident of the community, not one who was just passing through. In the ancient world, strangers seldom had any legal recourse to mistreatment. G-d reminded Israel that in Egypt they had experienced what could happen to such people. It was to be their responsibility to see that similar things should never happen to anyone who lived among them.

Coupled with the divine protection of the resident alien was G-d's protection of the "widow or orphan." Without husbands or fathers, such people in society belonged to no one and therefore faced extreme hardship. They were consistently considered in the Tanach as the most helpless members of society. Their own wives and children would be made widows and orphans. In most ancient societies, the gods were concerned with the strong and powerful. In Israel, G-d expressed His prime concern with the weak and helpless.

The requirements concerning borrowing and lending were aimed at protecting the weak. It prohibited taking advantage of another's misfortune.

If disease or a wild animal had killed a man's ox, he would have no way of getting another except by trading sheep for one or working for it. The one furnishing the ox was prohibited from making a profit from his neighbor's misfortune.

Further, in those days, since the community was not settled, there was little which any man (especially a poor man) had in the way of "pledge" or collateral. About the only thing he could part with was his cloak or tunic. It served as his coat in the cold weather and his blanket at night. The creditor was allowed to hold it during the day, but it had to be returned at night when he slept. Obviously, such a practice lessened its value as a pledge. But it did serve as a steady reminder that the debt was owed. It is important to note that the basis for this concern for the poor was the fact that G-d was "compassionate." The word would be better translated as merciful or gracious. Because G-d was of this nature, Israel was to be also.

Shalom U'Vracha (peace and blessings),
Thomas


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