Parashat Mishpatim

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Parshas Mishpatim is the sixth parsha in the Book of Shemos and the 6th week and final week of Shovavim in non leap years. Often Parshas Shikalim is read on this week. It contains 118 pesukim. For the Haftora; the prophecy of Yirmiyah to the wealthy following the betrayal of their covenant to release their Jewish slaves, is read.


[edit] Teaching the Laws

Moshe is commanded to give over laws and explain all their mystical reasoning[1] and explanations to the Jewish Nation in an organized fashion.[2] It is not enough for him to give them over 2-3 times until they know it well but not give over the reasons for each teaching and their explanations. Rather Moshe is to set the teachings clearly before them them like a table set with food that is ready to eat from.[2]

All the laws listed in Parshat Mishpatim were given to Moshe on Mount Sinai during the Receiving of the Torah[2] as opposed to all the remaining commandments that were given to Moshe during his forty day stay in heaven.[3] Warning is given to always seek out a Jewish court for judgment, even if on that particular ruling the Gentile courts are in agreement with Torah law. For one who brings Jewish lawsuits before gentiles profanes the Divine Name and honors the name of idols, giving testimony to the esteem of their deity.[2] Not only is he granting them the importance and authority over the Jewish court, he is also creating a tremendous flaw by comparing the conclusion they determined through basic human logic to the same exact conclusion of Torah law that is based on very deep mysteries and calculations.[4]

Although the laws of Jewish Slaves and a number of others did not even apply in the desert, they were given right away to show that one could receive reward just for the study of their laws and inner secrets.[5]

[edit] Laws of Jewish Slaves

A Jew can become a slave to another Jew when either he sells himself out of desperation and poverty or he is sold into servitude by Beit Din to payback money he had stolen and is unable to return.[6] Unlike a gentile slave who is enslaved for life, a Jewish slave goes free after six years of work or the Yovel, whichever comes first. He can also be redeemed by an external party that refunds the owner the amount he paid minus the percentage of time already served. If his owner terminates one of his limbs, a Jewish slave receives a monetary compensation for that but does not go free like a gentile slave.[7]

[edit] Previously Married Slave

If a Jewish slave was married to a Jewish woman at the time he entered the servitude, his master is permitted to pair him with a non Jewish maidservant to produce children.[8] These kids are not considered Jews and are the property of the master, remaining in his possession as gentile slaves even after their Jewish father goes free. Lasting for the entire period of servitude, the master is responsible to support the original wife and small children of his Jewish slave.[9] When he is freed from servitude the obligation to support his original wife and children also ends.

[edit] Single Slaves

Owners are not allowed to pair single slaves with a non Jewish maidservant to produce children. Therefore if a Jewish slaves enters alone, only in the dressing of his garments (single), he shall go out alone.

[edit] Extending Servitude

Sometimes a Jewish slave prefers remaining in his situation of servitude for either financial reasons or in order to remain with his gentile maidservant wife and children, refusing to be set free after six years of labor. In cases where the slave originally entered his servitude through a sale by Beit Din to repay a stolen debt, the owner brings the slave to Beit Din where he has his right ear pierced[10] on an upright standing door[10] that is attached to a door post.[11] In cases where the slave entered servitude on his own due to poverty, the piercing can take place anywhere and does not have to be in front of Beis Din.[12]

Seeking extended servitude is considered a very spiritual demeaning action since it is much harder to serve Hashem when one has to answer up to and serve another man.[1] If a person comes to reject Hashem’s ownership and accept the yoke of another human, let him first face a piercing by the door and doorpost who witnessed Hashem’s acquisition of the Jews as slaves to Himself at the same time He jumped over these objects in Egypt sparing the Jewish homes.[10] Specifically the ear is chosen as the body part to be pierced since this man chose to ignore the commandment he heard by Mount Sinai “Do not steal” or if he sold himself; the statement of “to Me the Jews are slaves”.[10]

Once this procedure is done, the Jewish slave can retain his status until the following Yovel where he is forced to go free. This sets the maximum possible servitude at 49 years and the maximum servitude extension at 43 years. In many cases where the Yovel is not so far down the line, it is much less years.[1]

[edit] HaElohim

Judges are referred to as Elohim, the same term used for Hashem, as it implies stature and authority.[13] Also when a judge is righteous and all his words and rulings are true, the light of Hashem Himself dresses itself in him through his truthfulness, since that is a manifestation of Hashem's light.[14]

Everything in the world, even mundane transactions contain G-dly life force which allows them to exist. For most people this is not evident until the transactions are brought before a Beis Din and are analyzed according to the Torah laws, displaying the concealed elements of G-dliness that they contained all along. Therefore the judges are called 'Elohim' since they make the G-dliness and Torah recognizable in all the mundane transactions that are brought to them (Even in items like crimes, oxan, donkeys, sheep, garments and lost objects).[15]

[edit] Eved Ivri

It only became possible for Jews, slaves of Hashem, to become slaves to another human due to their breach in this relationship by seeking other masters through the worship of Avoda Zara. Idolatry among the Jewish Nation is a direct result of the Idolatrous worship of our forefathers, Terach and his fathers, who dwelled on the other side of the river, giving forth the name Ivrim. Therefore a Jewish slave is called an Eved Ivri and not an Eved Yisroeli (Yehudi is not a term used in time of Torah).[5]

[edit] Laws of Jewish Maidservants

A father is allowed to sell his minor (Kitana) daughter as a Jewish maidservant before the age of 12[7] or until she displays signs of adulthood. From the age of 12 to 12 and a half (Naarah / נַעִרָה), although a girl is still considered to be under her fathers jurisdiction, he is not allowed to sell her and certainly not once she becomes an adult[7] (Bogeret / בּוֹגֶרֶת). This is generally done in cases of severe poverty where the family cannot afford to maintain the child. Selling her to a wealthy family will ensure that she is properly fed and clothed and even opens the possibility of her master or one of his sons marrying her.[1]

[edit] Emancipation

A Jewish maidservants goes free after six years, upon growing signs of adulthood or upon the start of the Yovel, which ever of the three happens first. She can also be redeemed by an external party that refunds the owner the amount he paid minus the percentage of time already served.[16] If one of her limbs are terminated by her owner, she receives monetary compensation but does not go free like a gentile slave. Once a girl goes free her father loses his rights to sell her again even if she is still under age 12.[17]

[edit] Yiud

It is recommended that the owner or his sons marry this maidservant and it is considered a Mitzvah.[18] This process is called Yiud and the initial payment to the girl’s father retroactively serves as the Kidushin money.[19] Buying a girl in her early years allows the family to shape and conform her to their peculiarities, thus creating a great match for one of their sons. It is also creates an opportunity to marry off a problematic son.[1]

If one of them does marry her, all he has to say is “you are engaged to me with the initial purchase money paid to your father”.[19] If he later marries a second wife, he cannot hold back his obligations of food, clothing and relationships to her. Although this is true for all wives, there is extra fear that a former maidservant will be abused.[1] Once married, the girl is like a regular wife does not go free after growing signs of adulthood.

If she does not please them to the extent that one of them would want to marry her,[17] they should help her be redeemed by an external party, willingly agreeing to deduct the percentage of the six years served off the refunded payment amount.[17] If she is not redeemed, neither her master or her father are permitted to sell her to someone else, after betraying her; the master by not marrying her and the father by selling her to this master.[17] She eventually goes free with one of the three release methods of a Jewish maidservant.

[edit] Laws of an Intentional Murderer

One who strikes a man so that he dies is considered an intentional murderer and receives the capital punishment of beheading. He is only guilty if the blow had the power to naturally kill and if the injured individual died from it. This death penalty applies whether he murdered a man, woman or child but does not apply for the killing of a newborn child that has no chance of survival. Even a Kohen who wishes to serve in the Temple receives the death penalty if found guilty. However if a child under the age of thirteen kills, he is not punished.[20] A physician who killed a patient, the agent of the court who killed by administering forty lashes, a father who strikes his son and a teacher who disciplines his pupil are not considered intentional murderers although they intentionally hit the victim since they had no intention of killing him.[21]

[edit] Deliberate Plotter

Some people kill in a momentary rage. Others deliberately plot and build up their anger for extended periods of time until they spur themselves to carry out an act of murder. When the Torah refers to such a person it says "even from My altar you shall take him to die." this alludes that when it comes to such built up and premeditated anger, even the merit of his good deeds and Service of Hashem can not help him.[22]

[edit] Laws of an Accidental Murderer

An accidental murderer that did not stalk his victim or intend to kill him,[23] has to exile and flee to the 'cities of sanctuary' or any of the 'Levite cities'[23]. If the accidental killing took place as part of a performance of a mitzvah, the killer is not held responsible.

[edit] Divine Arrangement

A person that kills accidentally was set up from Heaven. People can not avoid punishment for wrong doings, even if a sentence can not be issued by a human court due to lack of evidence. This is apparent in a case where two people killed others, one intentionally and one unintentionally but there were no witnesses who could testify, resulting that the intentional murderer was not executed and the unintentional killer was not exiled. Hashem therefore brings these two killers into one inn. The intentionally murderer happens to sits under a ladder while the unintentionally killer is climbing it. He then falls killing the intentional murderer. This time witnesses testify about him and he is sentenced to exile. The result is that the one who killed unintentionally is exiled, and the one who killed intentionally was killed[23]. Sometimes the unintentional killer in such a scenario did not commit a previous accidental killing but only had murderous desires and intentions that he did not bring into action and therefore had no motivation to eradicate these traits and repent. Now that he commits an unintentional killing he will scrutinize himself to see why this occurred and will be pushed to rid himself from these negative desires.[4]

[edit] Laws of Wounding Parents

A person that wounds either[24] his father or mother causing blood to flow is sentenced to death through strangulation. Had he wounded another person in the same manner he would have only been liable to make a monetary compensation[25].

[edit] Laws of a Kidnapper

One who kidnaps a person and sells him is sentenced to death through strangulation. It is irrelevant if the kidnapper is a man, woman, Tumtum or Androgenis and if the kidnapped individual is male or female.[25] In order for the death penalty to be given, two witnesses must have seen him do the kidnapping, have the kidnapped individual in his possession and then sell him.[25]

[edit] Laws of Cursing Parents

A adult man or woman[26] who curses their father or mother is sentenced to death through stoning. If a minor curses their parent they are not held liable to be punished by death.[26]

[edit] Laws of Wounding Acquaintance

One who wounds his acquaintance in a fight, striking him, causing him to fall ill and therefore unable to work[27], is held liable to pay for his leave time and medical bills.[27] As long as the injured party is confined to his bed due to illness, the aggressor is jailed, for if his victim would die, he would be liable to face the death penalty for murder.[28] If the victim gets up and walks around outside using his health and strength,[28] then the assailant is released and only given a monetary sentence. Leave time is calculated by the idleness from his work due to the illness.[28] If he cut off his hand or his foot, we assess the salary of his leave time as if he were a watchman of a cucumber field, because even after recovery from the illness, he is not fit for work that requires a hand or foot and the assailant already paid him for the value of his hand and his foot.[28] Medical bills include the physician fees. [28]

[edit] Laws of a Slave Killer

One who kills his gentile slave or maidservant is sentenced to death through beheading. This only applies if he hit him with an object that has the potential strength to kill and in a place on his body that can cause death.[29] If the slave survived 24 hours[30] before dying, his owner is no longer held liable for his death, because he is his property. If the slave was struck by someone other then his owner, even if he lingers for twenty-four hours before he died, this person is liable to receive the death penalty.[30]

[edit] Laws of a Mistargeted Killing

If a person accidentally hits a pregnant woman as he aims to hit someone else, causing her to miscarry while she herself remains alive, he must pay for the value of the fetus to her husband.[31] In order to calculate the value of the fetus, the court assess how much the woman's value would have been increased in the slave market due to her pregnancy and the prospective slaves she would bear, verse her regular value without pregnancy. The assailant must pay the difference between these two amounts[31] after being sued in court by the husband.[31]

A person that tries to kill one person and ends up killing another, it is debatable if he is punished by death or if he simply pays a fine to the victim’s heirs for the deceased's value were he to be sold in the slave marketplace.[31]

[edit] More Laws Regarding Wounding Acquaintance

If a person blinds his neighbor’s eye, he must give him the value of his eye. Depreciation damage is evaluated by the lessening of his value on the slave market now that he is missing an eye.[32] Similar punishment applies to a severed hand, foot and tooth and all other wounds that decreases the value of the victim but does not involve the actual amputation of a limb in retribution.[32].

Aside for paying for the victim's decreased value, the aggressor must also pay for lost work time, medical bills, humiliation experienced and pain. Although he has already paid for the value of the actual limb, he must still pay for the pain and can not claim that he purchased the limb and therefore earned the right to amputate it with a piece of metal since he could of amputated it with anesthetic medications so the victim would not feel any pain.[33] Payment for injuries such as a burn on the victim's nails that does not decrease his value as a slave but causes pain are calculated by the amount of money a similar person would be willing to take to endure such pain.[33] Punishments are given both for wounds that bleed (פצע) and for bruises (חבורה) where the blood collects under the skin but does not come out.[33]

[edit] Eye for an Eye

Members of the Tzidukim sect who did not follow the teachings of the Sages and the Oral Law were known to poke out an offenders eye or chop off his hands and feet in retribution for having done the same to another person. Obviously the Tzidukim's claim to strictly follow the Written Torah was just a cover up, allowing them to live lives of unrestricted lust and therefore such punishments were often biased and influenced by bribery and corruption.[1]

[edit] Laws of Wounding a Slave

A master that terminates the eye, tooth or any of the 24 tips of limbs (ex: fingers, toes, ears and nose)[34] of his gentile slave or maidservant, must free them. This does not apply to Jewish slaves who are just compensated for such wounds but do not go free because of them.[34] Knocking out baby teeth does not count since they are not permanent.[34]

[edit] Laws of Bull Goring Humans

[edit] Laws of a Tame Bull

A tame (תָּם) bull or any tame domestic animal, beast, or bird[35] that gores, bites, shoves or kicks[36] a Jewish man, woman or a minor, killing them, is stoned to death but its owner is not held responsible. After the animal has been sentenced to death by Beit Din, even if the owner Halachicly slaughters it, the meat can not be eaten, nor may any benefit be derived from any part of it.[35]

[edit] Laws of a Habitual Gorer

If a killer bull escapes death after three killings,[36] he now is no longer considered tame but rather a habitual gorer (מוּעָד). If its owner has been warned in front of witnesses[36] but does not watch it properly and the bull then kills a fourth time, his owner is also held responsible. Aside from the stoning of the bull, the owner is punishable by death through Heaven,[36] unless he redeems himself by paying the levied fine.[35] He shall give the ransom fine when it is levied upon him by Beis Din,[37] as redemption for his soul. The amount of this fine is calculated based on the value of the victim[37] and[1] the worth of value of the owner of the bull.[37] All of the above applies regardless if the bull killed an adult or a minor[38] boy or girl.

[edit] Laws of Slave Goring Bull

If the bull kills a gentile[39] slave or maidservant, its owner must pay the slave owner a fine of thirty shekel regardless of the slave's value whether he is worth 1000 Zuz or a single Dinur.[39] The bull itself is stoned to death. The weight of the shekel is four gold Zehuvim coins, which equal half an ounce according to the official weight of Cologne.[39]

[edit] Responsibility for Animals

If a person was completely righteous then his holiness spreads upon his animals and assets and on their own, they will refrain from harming others. This could be seen by a number of Tzadikim including the goats of Rabbi Chanina ben Dosa. Therefore if a person's animal or assets do harm others, it is only due to his personal sins and he must then bear the payments as retribution or rectification of his flaws.[4]

[edit] Laws of Damage Caused by a Pit

A person who uncovers a pit that was previously covered[40] or digs a pit in the public domain,[40] and an ox, donkey or any other domesticated animal or beast[40] falls in, this person is liable for the death of the animal but not for the vessels that were upon it.[40] This is true even if he only deepened an existing open pit that was not previously deep enough to kill the animal.[40] If he does cover the pit then he is no longer liable.[40] If a human falls in the pit he also not held liable.[40]

The creator of the pit,[41] even though it is in the public domain and he does not own it,[41] is treated as its owner[41] and is liable for its damages. He must reimburse the owner of the animal for its full value minus the value of the carcass of the dead animal which is assessed and is kept by its original owner.[41] If he wishes he can pay off this debt with anything that has monetary value, even bran.[41]

[edit] Laws of Bull Goring Bull

A tame (תָּם) bull that gores another bull killing him pays for half his value. A habitual gorer (מוּעָד) bull that kills another must pay the full damage.

[edit] Laws of a Four or Five Times Repayment

A person that steals a cow and slaughters or sells it must pay five times its value if he is caught and found guilty. If the same is done to a sheep he must only pay four times the value.

[edit] Permission to Kill in Defense

It is permissible to kill a thief if it likely that he himself intended to murder.

[edit] Double Payments for Thievery

A person that steals and is caught red handed with the object in his possession must return double the value of the stolen object.

[edit] Multiple Spiritual Paybacks

When the forces of evil capture a person, they steal all his energy. When this person later reaches the Truth and repents, not only are they forced to give back what they stole from him, he is also able to extract from them good energy that they had previously captured. The more they strengthen themselves to throw him into darkness, the greater the energy he can extract from them when he fights back and pulls himself to the light of the Truth. If the forces of evil overcame a person to the point where they 'butchered and sold' him, then when he finaly manages to fight back, he extracts from them a massive repayment of four, five times what they stole from him.[42] Additionally when a person repents, not only does he manage to pull himself out of the darkness, he also creates openings that allow others to repent and remove themselves from the darkness to Holiness, which is a manifestation of the thief having to return double.[43]

[edit] Laws of a Consuming Animal

An animal that enters someones property and damaged with its mouth, its owner must pay full damages.

[edit] Laws of Damage Through Fire

A person that is negligent with fire must pay for any damage it causes.

[edit] Laws of an Unpaid Custodian

A person that guards his friends assets for free is only responsible for negligence.

[edit] Laws of a Paid Custodian

A paid custodian is responsible for negligence and if the object he is guarding is stolen or lost.

[edit] Laws of a Borrower

A borrower is responsible for everything even if the object he borrowed is destroyed by circumstances beyond his control.

[edit] Laws of a Renter

A renter is not responsible if the object is destroyed in circumstances beyond his control and is responsible for negligence. There is a debate whether he is responsible for lost and stolen objects.

[edit] Laws of Seducer

A seducer must marry the girl he seduced. If the girls father rejects the match, the seducer must give him a fine of fifty shekel.

[edit] Laws of Witchcraft

A man or woman that practice occult are punishable by death.

[edit] Laws of Animalisum

A man or woman that has relationships with an animal is punishable to death through stoning.

[edit] Laws of Idolatry

A person that worships strange deities is punishable to death through stoning.

[edit] Transgression of Oppression

It is forbidden to oppress or cheat a convert. It is forbidden to oppress especially widows and orphans. Hashem listens to the cries of the oppressed and as a punishment for oppressing converts, widows and orphans a person can die without his family's knowledge.

[edit] Laws of Lending

It is a positive commandment to lend money to the needy. It is forbidden to charge interest. Collaterals must be returned at time of repayment. Hashem listens to the cries of the exploited.

[edit] Lending Like Hashem

Hashem sustained the Universe from its creation until the Giving of the Torah out kindness and as a loan that would be repaid once the Jews received the Torah. Even following this, when the Jews sinned it was befitting that Hashem return the world to a state of chaos. It is only through His kindness that He loans us existence and gives us time to pay back our debts that were created through our sins, little by little. So too we have to connect to the ways of Hashem and lend money to the poor without oppressing them, allowing them to pay back when they can, just like Hashem does not oppress us, allowing a very extended period to pay back our debts little by little.[44]

[edit] Transgression of Cursing Leaders

It is forbidden to curse a ruler or judge.

[edit] Transgression of Confusing Order of Priestly Gifts

It is forbidden to confuse the order of priestly gifts.

[edit] Redemption of the Firstborn

Firstborns are holy and must be redeemed thirty days after birth.

[edit] Transgression of Sacrificing Infant Animal

It is forbidden to bring an animal as a sacrifice until he is seven days after birth.

[edit] Transgression of Eating Non Kosher Meat

If is forbidden to eat meat that has not been ritually slaughtered. It is a mitzvah to feed such meat to the dogs.

[edit] Laws of Litigation

It is forbidden to accept Lashon Hara. It is forbidden for a Judge to hear the arguments a single plaintiff without hearing a representative of the other side. It is forbidden to assist false witnesses. Death penalties can only be given when voted by a majority of at least two more judges then the opposing party. For acquittal from the death penalty only an additional majority of one judge is needed. A judge is forbidden to remain silent and not issue his ruling. It is forbidden to favor a pauper during a trial even in order to issue him respect.

[edit] Laws of Returning Lost Objects

It is a positive commandment to return lost objects to its rightful owners. This is done only after the owner is tested, first identifying the object via its characteristics. Even if you come upon the lost bull or stray donkey of your enemy, you should return it to him.

[edit] Laws of Helping

One should help all fellow Jews, even his enemies who he has the right to hate due to their sins. Therefore if you see your enemy's donkey lying under its burden you should help him to unload the burden,[45] as long as he takes part in the process. There are times when one can refrain from helping, if he is an elder and it is beneath his dignity to unload a donkey or if the animal belongs to a Gentile and the burden belongs to a Jew.[45]

[edit] Enemy's Burden

According to the Sages the enemy discussed here is a sinner that is allowed to be hated. On a deeper level this section alludes to helping a sinner who is staggering under the weight of his sins. One might consider ignoring him since it appears too hard to raise him from the burden of his sins. Hashem who is very merciful instructed not to abandon such a soul and one should try helping and raising him with all his might, something which the Tzadik has the power to do. However this only applies if the sinner has desire to help himself. If he has mercy on his soul and is willing to work on his Tikkun, to rid himself of the great burden of his sins but lacks the strength to do so alone, then the Tzadik has a Mitzvah to help him with all his strength. However if the sinner wants to sit by and is not interested at all in rectifying his soul, expecting the Tzadik to do everything for him, with no action on his end, then the Tzadik does not have to get involved. It is not even possible to help a person that has no interest in working on his own rectification since a person with free choice can not be helped without an awakening from inside.[46]

[edit] Additional Laws of Litigation

It is forbidden to warp the judgment of even a wicked person. It is forbidden to lie. A person that is found guilty of capital punishment should have his case evaluated a second time before the punishment is carried out. It is forbidden for judges to accept bribery. It is forbidden to oppress converts.

[edit] Laws of Shmita

Fields and vineyards must be made unrestricted to the public during the year of Shmita.

[edit] Rest of Shabbos

A person is commanded to rest on Shabbos and is responsible for the idleness of his servants and animals as well.

[edit] Keeping Mitzvot

A person is warned to keep all of Hashem's commandments and be cautious in regards to them.

[edit] Transgression of Mentioning Deities

It is forbidden to mention the name of deities or cause a gentile to make an oath in their name.

[edit] Holidays

One must observe the holidays of Pesach, Shevuot and Sukkot. It is forbidden to bring the Korban Pesach as long as a person has Chumetz in his possession.

[edit] Laws of Sacrificial Fats

It is forbidden to leave over sacrificial fats overnight and they must be burnt on the alter during the night time.

[edit] Laws of the Bikurim

It is a positive commandment for a person to bring the first of his fruit to the Temple.

[edit] Laws of Milk and Meat

It is forbidden to cook milk and meat together.

[edit] The Accompanying Angle

Hashem informs the Jews that they will be led and guarded by an angel until they reach Eretz Yisroel and conquer the land. Care should be taken to listen to him for Hashem’s name in his midst. If the Jews listen to the angel and all that Hashem commands, he will destroy all their enemies.

Hashem then warns them to serve or bow to their deities and not to imitate the customs of the Canaanites. Instead they are to destroy all the idols and break all the idolatrous alters.

[edit] The Promise

If the Jews serve Hashem he will bless their bread and water and remove all sickness from their midst. Women will not be childless or miscarry and all will live to old age. Hashem will send his fear over all the nations living in Eretz Yisroel and will kill many, in battle they will flee. He will also send hornets to sting and expel them. They will not be driven out at once but rather in installments so wild beasts do not multiply and come to occupy the unsettle land. The borders of Eretz Yisroel will range from the Red Sea until the sea of the Philishtim and from the desert to the River of Peras.

The Jews are warned that once they conquer the land they should not make peace treaties with the occupying nations and instead should expel them. Allowing them to remain in the country will eventually bring the Jews to worship their gods and sin.

[edit] Ascent to Mount Sinai

Hashem tell Moshe to climb Mount Sinai along with Aharon, Nadav , Avihu and the Seventy Elders. Moshe alone is permitted to go to the top, the others from the party must stop on the way up and the remainder of the Nation stays at the foot of the mountain.

Moshe comes down and warns the Nation regarding refraining from approaching the mountain and purification. He then review with them the laws previously given to them in Mara and the seven commandments of the sons of Noach, to which the Jews commit to keep. Moshe then writes the Torah, starting from Berashis until Motan Torah. On the 5th of Sivan he performs the convent with them. In between the splashing of the blood on the alter and the splashing on the Nation, he reads what he wrote and the Jews accept it saying “we will do and we will hear”. While on the mountain Nadav , Avihu and the Seventy Elders gaze at the Shichina while eating and drinking, out of over excitement for Hashem[47] and are sentenced to death. After the Torah is given Moshe is called to ascend the mountain for forty days.

[edit] Eating and Drinking

Nadav, Avihu and the Seventy Elders were on the level of eating solely for the purpose of raising the holy sparks from the food through meditation on Divine Names and Yichudim, using this to attain lofty holiness by rectifying the sparks.[48]

[edit] Will Do Then Hear

In their great desire for Hashem the Jews said they will do before they even heard what was required from them. At the same time they were committing to accept the future instruction of Hashem with complete faith and simplicity and to not delve into the philosophical understandings of the Mitzvot and Ways of Hashem. Only after they have 'done' whatever came out of the mouth of Moshe without asking any questions, will they 'hear' and begin to understand the reasoning for what they are doing, since when one performs the Mitzvos with complete simplicity and happiness he eventually merits to gain understanding of their deeper meanings.[49]

[edit] References

  1. ^ a b c d e f g h Shover Zadim Mishpatim
  2. ^ a b c d Rashi Shemos 21/1
  3. ^ Ikar Sefsi Chachamim
  4. ^ a b c Mi Hashiloach Part 1 Parashat Mishpatim
  5. ^ a b Teferet Yonaton Parashat Mishpatim
  6. ^ Rashi Shemos 21/2
  7. ^ a b c Rashi Shemos 21/7
  8. ^ Rashi Shemos 21/4
  9. ^ Rashi Shemos 21/3
  10. ^ a b c d Rashi Shemos 21/6
  11. ^ Rashi Kipsuto
  12. ^ Rashi Kipsuto
  13. ^ Rashi Kipsuto
  14. ^ Likutay Halachos, Choshen Mishpat, Hilchos Dayanim 2/6
  15. ^ Likutay Halachos, Choshen Mishpat, Hilchos Dayanim 4/3
  16. ^ Rashi Kipsuto
  17. ^ a b c d Rashi Shemos 21/8
  18. ^ Rashi Kipsuto
  19. ^ a b Rashi Shemos 21/9
  20. ^ Rashi
  21. ^ Rashi Shemos 21/14
  22. ^ Mi Hashiloach Part 2 Parashat Mishpatim
  23. ^ a b c Rashi Shemos 21/13
  24. ^ Rashi Shemos 21/15
  25. ^ a b c Rashi Shemos 21/16
  26. ^ a b Rashi Shemos 21/17
  27. ^ a b Rashi Shemos 21/18
  28. ^ a b c d e Rashi Shemos 21/19
  29. ^ Rashi Shemos 21/20
  30. ^ a b Rashi Shemos 21/21
  31. ^ a b c d Rashi Shemos 21/22
  32. ^ a b Rashi Shemos 21/24
  33. ^ a b c Rashi Shemos 21/25
  34. ^ a b c Rashi Shemos 21/26
  35. ^ a b c Rashi Shemos 21/28
  36. ^ a b c d Rashi Shemos 21/29
  37. ^ a b c Rashi Shemos 21/30
  38. ^ Rashi Shemos 21/31
  39. ^ a b c Rashi Shemos 21/32
  40. ^ a b c d e f g Rashi Shemos 21/33
  41. ^ a b c d e Rashi Shemos 21/34
  42. ^ Likutay Halachos, Hilchos Ginava 5/9-11
  43. ^ Likutay Halachos, Hilchos Ginava 5/9-11
  44. ^ Likutay Halachos, Choshen Mishpat, Hilchos DHaose Shliach Ligbos Chovo 2/22
  45. ^ a b Rashi Shemos 23/5
  46. ^ Likutay Halachos, Hilchos Avedah Umitziah 3/15
  47. ^ Likutay Halachos, Hilchos Trumos Umasros 3/2
  48. ^ Mivaser Tzedek Parashat Mishpatim
  49. ^ Likutay Halachos, Hilchos Nefilas Apayim 4/13
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