Mishpatim - 4th Portion

Join as we learn Kish together for Wednesday, the fourth Torah reading of Paras Mishbatim, which is found in chapter 22 verse 27. Yesterday we reviewed some laws that the Torah told us about pertaining loaning money without interest. the laws pertaining a guardsman watching somebody else's item, renting or borrowing, whatever liabilities and responsibilities are. Today, the Torah continues with some more of those laws pertaining respect for authority, donations that have to be given to the ley and the cohane, forbidden meat, and truth and justice and behavior towards one's enemies and another fellow individual. Chapter 22 27 the Torah begins saying you shall not curse God or a judge when you may not curse the leader of your people. This is a warning. This is a commandment which is a prohibition that one is not allowed to curse and say God's name and curse God as well as to the judges. Verse 28. You should not delay the newly ripened fruit that you have to give for bikurib as well as the nor the truma which you have to give to the Levites as the micer. So when the ripened fruit newly ripened fruits is the mount that you have to gift for the truma. Do not delay it. You shall present to me your firstborn of your sons. That was already explained in the end of the para of B over here says what does mean? This is the obligation which is put on you. When your wheat is finished getting ripened, which that is the first fruit that has to be brought. When the first fruit is ripened, he has to bring it right away to the holy temple while it's still and dedicate it while it's even still connected. That's Rashi says, "I don't know why in this case the Torah calls the trum of the tithe that it should be called. Don't delay it." What does it mean don't delay it? Meaning don't change the way you have to uh contribute and separate it to do what was supposed to be done later. First, do what was first, do it later. meaning that you should not first do the truma which is the giving the grain or the wine to the Levite and then afterwards bring the bikurim to the coin or then the tithing of the tuma. Each one should be done according to its order. Meaning the first thing as soon as the fruit is ripened you give burim. The next thing that is given is the truma and then the next thing is the micer making sure each one should have to be done accordingly that the cohain would then get to be kurim and the truma. the which is the tithing but then go to the ley that you have to redeem him with five from the didn't the Torah already telled us earlier about the laws pertaining to the firstborn just why then does it repeat it again over here is because the next verse he's going to tell us about doing the same for one's animal and being that when we know the law that when it comes to a child it has to be done after 30 days so too when it comes to the animal for a a a small animal that it has to be done which is not used to be brought as a sacrifice for example if it has a blemish or something of that nature that he has to give it to the coen so the first 30 days the owner is obligated to take care of the animal and feed it and give it what it needs he can't say oh well I have to give it to the coins so I'm not going to deal with it he has to deal with it. Then afterwards he gives it to the Cohen. So too you should do to your ox and your flock that they give the firstborn to the cohane. As we'd mentioned in the previous rashi for seven days it will remain with its mother on the eighth day you shall give it to me. What is this referring to? He says as follows. This is the uh warning. This is given the the prohibition concerning the cohen. This is not for every firstborn that he has to give it to the cohen right away before 8 days. This is if he's bringing it to the cohen sacrifice that if the cohen wants to bring the firstborn as an sacrifice he should not bring it before 8 days old because it hasn't yet completed its time and it's not yet eligible to be brought as a sacrifice on the eighth day he can give it to me think you may think it's an obligation because the Torah says on the eighth day you should give it to me that have to bring it on the eighth day. It says over but it's not. So why? Because over here it says he should bring it on the eth day and then later on in the book of Leviticus where it talks about the other sacrifices. It says from the eth day on you can bring it as an offering. The same way that it says later on the eighth day is only telling you that it is ready from the eighth day that it can be brought as a sacrifice. When it says over here the word the eighth day, it's telling me that from the eighth day it has the the ability and probability it's worthy and it's ready to be brought as a sacrifice. This is the obvious way of understanding the verse that from the eighth day onward, not that it's an obligation to bring it on the actual eth day that but from the eighth day onward, one is able and is allowed to bring it as a sacrifice. Verse 30, you should be holy people unto me. And because of that, you should not eat flesh of an animal that was fatal fatally wounded in the field. Instead, you shall not eat that flesh that was torn by anast. The word trafa in fact the terminology that we know trafe comes from this terminology that this animal because it was either torn by an animal torn by another animal it's flesh that wasn't slaughtered what should you do with it you should cast the meat to the dogs if you are holy and you will separate yourselves from eating these um flesh that wasn't slaughtered and these kind of uh meats then you belong to me but if not then you don't belong to me what is he talking about over here this is talking about an animal that's in the field what is he referring to here so he explains as follows doesn't mean in the field even if this happens in the that a animal is destroyed by another animal or whatever happened to it The verse is talking about in usual cases that usually when does when do animals get attacked by other animals is when they're in the field. If it's a place where animals are usually attacked as we find this also as well when it comes and it talks about the uh abuse where a woman may be raped or whatever may happen. And it uses the terminology in the field in the field and as well when it talks about the impurities that happen by night even though not necessarily if it only happens by night even if it happens as well by day. The same thing if it happens by day but again these are common terms that the Torah uses when things usually happen but they don't mean specifically only that way. here game. The enlas explains the word an animal whose flesh was was ripped off them while they're still alive. So for example, for example, if a wolf or a lion went and bit into an animal and took its meat from it from a from a kosher animal from a kosher flock while it's still alive to the dog, you should cast it. In this case, giving it to a nonju will have the same law and will apply as giving it to a dog. Meaning this is not something which is not allowed to have pleasure from it. The same way you can give it to your dog and have pleasure from it, you're allowed to sell it to a non-Jew as well. Maybe I'm not allowed to. How do I know I'm allowed to sell it to a non-Jew if the very fact that the Torah uses the terminology give it to the dog? Therefore, later on, there's another verse that says later on in the book of Deuteronomy where it talks about again a piece of flesh that was not slaughtered that either you can sell it to a nonju. So therefore, which is a le which is less of a uh complicated matter that in this case should be it should be permissible in any type of pleasure. So meaning so rashi what he alludes from over here is that there are two kinds of meat that are not kosher. There's something called an aa and a traa. A traa in this case means if it was while it was alive somebody bit an animal bit off from it. That's one case or was fatally wounded. An availa would be if it was slaughtered incorrectly or after they slaughter it they realize that this animal inside was not healthy. So therefore it cannot be considered kosher. Both of them can be novelas or traas different terminologies that are given in the technical kosher laws. But both of them where we see that the actual nea can actually make somebody impure. A traa won't make the individual impure. So if by the na one can say that he can sell it to a non-Jew, how much more so when it comes to a tra that would be permissible. So then the question is back why does the Torah enumerate specifically a dog? Give it to the dog. Why does the Torah say give it to the dog to teach you? That to the dog is um is more respected that to the dog you can give it for free, but to the non-Jew you should sell it. The Torah is telling us that God does not hold back reward to any creature. meaning being that we find that the dogs in a few weeks ago's Torah reading we read that the dogs did not bark or did not hold their tongue when the Jewish people left Egypt and therefore God says give them the reward that we give them the traers these meat these flesh that the Jews should not eat chapter 23 the Torah now tells us about truth injustice chapter 23 verse one You should not accept the false report. You should not join forces with a wicked man to be a corrupt witness like the translates. Do not listen. Do not accept a false report. This is a warning to the one. He should not even listen to it and believe in gossip in bad things about another person. This is also a law pertaining to the judge that do not listen to the other person's judgment or words before the other before the other person gets there. That means when you listen to the uh arguments of both cases, both uh people have to be there to be able to hear them. The defendant and the plaintiff must must be standing in front of the judge before either of them say what they have to say. If somebody if somebody is saying that his friend is saying something falsely that he's promising him says why don't you do me a favor and come and say um false witness for me do not do that because as we said do not uh be an associate with saying a false witness with an individual. Verse two, you should not follow the majority to do evil. And in res and in response in the case you may not stray and follow the majority view you always have to follow the majority view or else in thereby will be preferring justice meaning following. So the what the Torah is telling us over here is a few things that will soon there's number one don't follow the majority to do evil and in response to a defendant's questions of why what your case may be. So he goes do not uh you may not stray from the truth but follow and follow what and follow the incorrect majority. Why? Because what's going to happen this will cause perverting justice. Rather, what should a person say? He has to state the truth and not be afraid of what the others may say. Let's see this in Rashi. And Rashi explains it. There are many different explanations of how the rabbis explain this. But as you can see, it's very difficult to explain the actual verse clearly. So the rabbis explain as follows. What does it mean? Shall not follow follow the majority in evil. From here we learn that we do not tilt the uh obligation or the liability when it just comes to one judge. For example, so let's say you have a rabbitical court where they are adjudicating laws of capital punishment. You need 23 judges. 12 of the judges say that he is liable. 12 of the judges and 11 of the judges say he's not. What you're going to say is don't use one. That means don't cause the uh don't sway the verdict to make the person uh liable because of the jar just of one majority. You have to have more than just one to make that majority to make him liable of capital punishment. The end of the verse they explain as follows. You have to go after the majority because this may pervert. What does this mean? But if there are two that are majority over those that are li making him liable and those that are making make him innocent. Then you have to move the verdict to saying that he should be liable for a capital punishment based on those two. That is now the majority. As we can see this is only talking about capital punishment and that's the beginning and the end. So if you look at the way the rabbis explain the verse they take the beginning and the end that is talking about a case of capital punishment. Don't go only by one person. Make sure there are two people in the majority whenever you want to make a person liable. However, the middle they say meaning do not argue on the person who may be the highest level of the judge there. Therefore over here what it says is that you should not argue with the person that's most respected in the rabbitical court. That's why in general cases when it came to capital punishment it would start with the newest member of the rebbitic court of the court the youngest or the most uh the least influential if you want to call it. So like this he doesn't argue with somebody who already said something previously also that they don't look to what the guy said on the top and everybody just follow suit. Everybody is gets to say their opinion. Therefore, Rashi continues to say that according to the way the rabbis explained it, this is the way you would have to explain this verse. Meaning, do not make the law. Do not make the person liable of capital punishment that because of one judge, you will now that he becomes majority of those that say that he is liable, that he's guilty over those that say that he is innocent. to go away from the person's words because it's missing the therefore they say meaning the one who is at the lead there are many who you can go according to them when can you go according to them to make this person guilty to make this person liable there are two people that say that he is guilty more than the ones that say innocent From here we learn the very fact that I know that you can't do it to make the person guilty. However, I do know that you could join them that means in the minority that could say that the person's innocent from here we learn from here we learn a detractive of Sanhedrin that when it comes to capital punishment you need two to sway the majority to make the person guilty. One can even sway the majority to make the person innocent. The target the translates this verse differently and he says the word do not hold back from saying your opinion about the judgment. And actually if you would take the Hebrew language and translate in Aramaic that's the way it would be exact. If they ask you a question of how it should be judged, what should be the case? Don't try to put yourself on one side and say I don't want to get involved. Say what the true judgment should be. Say your opinion and thereby saying what the actual should is stance of yours is in this argument. However, Rashi is not satisfied with both of these interpretations because he doesn't feel they satisfy the simple interpretation of the verse. And therefore, Rashi finds another interpretation to say as follows, which should follow more simple interpretation of the verse. And he says as follows and I say to explain this verse in the simplest way and this is the way it would mean. But if you see that evil people are trying to sway the court don't say because they are the majority I will follow them. This is the way we translated it initially and this is the way according to the simple interpretation that a person says oh well all these people are going the majority I'll just follow the lead. If the person who's being judged is going to ask you, do not answer, do not respond according to that way which may leaning according to those people that are the majority and say, "Oh, I'm just saying like them and thereby swaying the court, the justice from its truth. Say the truth. say the judgment kasher who the way it's supposed to be even though it will be against um the majority ah you're gonna say but that's what it's going to happen the majority and the responsibility of the perversion of justice will be on those people who are in the majority who perverted the justice and ruined the law that's their problem it's nothing of your concern you have to say the way you see it correct three vid You should not show difference to difference to a poor man in his lawsuit meaning don't give him extra honor in the court saying he's sorry don't feel start feeling sorry for the fellow and saying oh he's a poor man let me help him and therefore he should be innocent and because of that and therefore he would respect him and therefore because if he walks out guilty then he won't have any money to pay. So what are you going to say? He's innocent and like this I'll get him off the hook. No, you're not allowed to do that. Verse four, if you come across your enemies enemies ax or donkey going astray, make sure you you shall return it to him repeatedly, even if it means numerous times. The word here if you do there are four ways how we can explain and translate the word key. This is how you will translate it. If you were to see maybe you see your your friend's donkey who's having difficulty under carrying his load then you think you're going and you will not help him. I'm sorry. This is already verse five. I'm sorry. Verse five. When you see a donkey belonging to your fellow Jew, but you don't like that fellow Jew. He's your enemy, but he's crouching under its load and you will hesitate. Would you refrain from helping him? So therefore, the Torah tells us rather make sure to help that individual. In this case, key is maybe maybe you're going to see your friend's donkey and it's crouching under its low and you may think to yourself and you may want to refrain from helping him because he's your enemy. Therefore, you should know, think again, this helping this person to help them. If you hear the word means to help and he brings the different places from as well and is in the book of Deuteronomy that the word means to help. So, do we find in other places you might say many these great nations are great. this word the saying it may isn't a word in a tune of a question maybe you'll say what will the nation say about us so to in our case and over there what does the Torah say don't be afraid of them so to in our case when the word is you can add a question mark and say and you might tell yourself I should refrain and not help him therefore the Torah tells us you got to help them out however the med explains if you're going and you hold back, there are going to be times that you're going to say, "Ah, I should help him." Then there are times that you're going to help him. Okay? So, how is that possible? If you're an old guy and it's not you're don't have the ability to help somebody packages, therefore you won't do it. if it's a non-Jew, but the load that he's carrying is a Jew and you're going to hold back from helping him because he'll say the bottom line is it's not a Jewish guy and I got to help him. You got to help him. You should take off the load off the donkey. You should help that individual to taking off the load making it easier for the dunkey to carry. As we know the famous explanation of the on this verse that when a person looks at at the donkey meaning at the at the person's body and you may think it's your enemy. You may think it's fighting against you and it's crouching under its load. It's not allowing you to serve Hashem and therefore you're going to look to neglect the body and try to despise it. Therefore, tells us that the Torah tells us we have to help the body. The body is there to be a conduit to do the soul's obligations and connect to God. That a person has to use the body and soul to connect to God with joy. This concludes the fourth Torah reading.