Parshas Mishpatim 5785 #2 (Rav Hershel Schachter)

Kanani has what we call the ran has this expression and you have both what do you mean there's the it's it's not allow that's called a or another a quirk of a that cannot become a without explicit authorization from the is a free man to choose to eat participate in any he wants so has a discussion say that since automatically disappears as well he say no by it's a bigan whether there is usually it's most assume that it's ra has a difficult opinion ra says the fact that shows that anyone is none not itself show that there is a k that's what the ran interprets gor uh in the beginning of firstan like that also the K there both and and says that first says that there's only he belongs to the he doesn't belong to the belongs to the he not allowed to murder him that there's no but the is a human being so not allow to kill not allow to beat him up but uh but with respect to likeis with respect to the fact that is to work for but the Ts that there's no says no that's because of the to work that's in the line of duty is to do that what do you mean let's say I'll buy an and I'll tell him I want him to work on shabas so the line of duty you allow to do it you're not allowed to do it why is it M over here they have to add on that the is even if you assume like most of not like is the is because it's PR's thing PR he's doing on his own and he's living with a woman without having k but if the OD has the right to ask him to work for him then it's not considered an act of prees not that used to be a reab here in who learned inot years ago so he printed at like we have now the B they used to have heu he used to call it hu our Echoes our voices so he wrote over he probably was uh came to realize when he learned in slot that what's the say the r [Music] is a separate saer no a different a famous One what ker K safer no no a different one I forgot forgot the name of the sa say he has his own only so one of R raises thisis so this fellow who used to be a re in here for many years so he he writes it's says there is even if the is are not the same also there's a ram who talks about pish so the r said there a to live with a woman without the ra agrees that it's not the the let say but you're not like it so the ra says if someone is then there's going to be me every week she sleeps with someone else and she gets paid money a real prostitute that's Allah there's malus then you'll say come when the person gets because of he doesn't have to pay doesn't have to pay that be says if someone lives with a woman but without that's like he said is no but but is no malus is he thinks that is but uh said over when he learned that topic he said that a lot of he thought the de was a good one the r said the didn't say it's he says you're not like it the r also agrees first you want there is but there's no so the ra writes only and by a it's only that's what is why is that called why should has more than everybody and he has to write should has than everybody else so saide and after we heard it from then the boys found that of all places says the reason why not he doesn't quote the the reason why the is because just like the M get meel has a right to confiscate someone's property but he has to pay for it so what's the he has a right you don't need I have the right to take away your property Without You agreeing but I have to pay so the same thing he has a right to marry a woman when were complaining to they want to have a like all the other nations SOI read to them the right act you don't want to have a m is going to DFT your boys in the Army he's going to take your daughters as Bel he going to charge you taxes and he gives a whole list of things that the m is going to do is the second this that's called tells him you don't want a this is what the are what the does are these the evils of the king things that he's not allowed to do no so we pass that the Jewish King in AR has the right to judge tax based on that even that people who don't know the first 30 and the last 60 but that round they know who quotes in the name of that you don't to pay tax in why not because what's the theory behind tax why does the king have a right to charge tax because the whole country Belongs To The King the king of England owns Great Britain and the King uh whatever the queen of Norway aren't too many kings and queens around they own the country and if you want to live let's say you own a building you want to live in the apartment building I have a right to charge you rent so whoever wants to live in England the King has a right the king owns the whole country he has a right to charge rent that's the income tax whatever rent he wants so they say income tax that's the rent so that's only any other country in the world belongs to the king says I'm the king does mean the whole globe it means belongs to says I want you all to live in so nobody has the right to charge to charge us tax in the country belongs to and paying taxes based on the idea that it's like rent says to live in so we don't have to pay rent that's the r b even if you like they don't they don't pass like everybody knows and people don't pay tax in against the even even a the original charging taxes is the King has a right to take the do as has a right the charge tax that's the so that that not accept but even if you hold like the name of the taxes today are not taxes are not even if you like you don't have to pay tax that's when it wasn't the Democracy but today it's a democracy and everybody appreciates the fact that the government purifies the water delivers the mail um they have school public schools they have the government supplies services to the people so that's a din of that's that's a all the people who live in a community who share certain needs together even though they never agree to become so that's why it has in uh it says all the people live in community need a they need a sh so they can force everyone to chip in to give money for the because that's a the can force each other to put up money for the things that they all need in common and even though a lot of people don't want to D and but if the the people who live in the city say they need a sure they want an Arab I don't I don't want an AR I don't need an Arab doesn't matter if over the people want an Arab so even those who don't want the Arab I'm to pay the people need a need a school all of my children are grown up already I don't need any schools but the people do need the school so even the don't need the school they don't have any children their children are grown up already everyone has to chip in and pay for the school so that's that's that's that the people who live in the community have a of and they have to pay so that's today the taxes don't go whoever doesn't pay tax ra they're stealing the money from the king the king is entitled to that money today the king is not entitled any money the the people who the members of the CET we elected them and and you have to give people salary the people who work here they wash the floors they fix the broken things and everything you have to pay people work because they're doing work for you so the r entitled to a salary how much salary the members of the decide like in America members of the Congress decide how much everybody had gets salary so that's that's not to chip in to pay for all of the things that they all want the delivery and so on after the understanding Army to to protect all the people that's also the to pay because of that the speaks in the beginning of the that one who kills one who kills one he wasn't planning to kill a person so then he has to run to one of the six M so Rashi has a comment on that POS Rashi makes Rashi makes this medish famous people wouldn't have known about that there's a in I think in that says What is the is the ancient one with the capital A he was there before he created the whole world there was nothing here so he was originally he was the only one who nothing else exists outside everything else only has a contingent existence as long as the wants it to be around it exists if he'll if he'll remove his wish that everything when will remove his desire that these things should continue to exist The Disappearing to non-existence so so that's what is referred to as the all right what does mean a so some interpret authored by the ancient one so has a lot of little you have all the one of the is called sh a little safer call sh a lot beautiful essays people are afraid to look in because he's going to say not allow to talk most of what he writes in the in the in the in the then he has just has beautiful essays about beautiful so he has an essay on this topic so he says doesn't only mean it's a Au by it's a and he says photographia and he writes I've never seen the emperor and never saw the king but I saw his picture in the newspapers so I'll be in Wasa and I'll see someone walking in the street with those facial features not they have a newspaper with two guards on the right and on the left I know that that's the that's the king that's the president whatever so if you don't know what a is all about you read the Torah and the Torah is a description of is not going to give us description of what never understand it so he gave a description he wouldn't understand the M either there is a mus of a mus of a mus of a mus of the of what is all to give us an inklink they give us a bit of an understanding of what is all about so that so where does he say this in the so that's what Rashi quotes this says wants to punish a Russia so he's not going to make a nice someone should drop that when he s so suspend someone's to see to it that this person should be killed or or sometimes you have to do something good in the world but doesn't always make a miracle he doesn't want to make Miracles so he he su spends someone else and causes him to do a so that's called pick Russ to do the Dirty Work from [Music] him pick a person who's know to be a he should do the Dirty Work to kill someone who deserves to be punished and they'll pick a person has a good reputation to do something good so the mocker for that is this POS if it's if a person was driving his car and he runs someone over accidentally and he kills him so it was an accident so why does he have to why do you punish the men who ran him over it was sheer accident he went to chop down in the forest went to the forest to chop down a tree and then he didn't know there was anybody there in the forest so he killed someone why have to run away to the why is it big punish the answer is picked you to be the to do the bad thing obviously you deserve a punishment for some good you did you did some but the doesn't know about the will see to it that you should kill someone so you'll have to be punished run away the so that's the Rashi has that quotes that Med that the tah is a description of alus that's what the rash comments on the first how do you devop see a person you see them the girl is good-looking fine fine person so you fall in love with the person but if you don't know anything about how can you fall in love with him so the answer is that given in the next have by learning the that's how you learn about what is all about so then once we know we can fall in love with him and to the extent that you know what what is all about to that extent you'll develop the love for him ra has that in one place he says will be to the extent that you have hasem because he can't fall in love with someone if if you don't know anything about him I remember when I was in high school we had three who had learned in Europe I don't think any other in the world had that three people Lear in the same we had was very famous and Borstein and uh and R Fishman I was in Rab Fishman's she for a year Fishman died young he had cancer so I remember um he didn't die when the year that we were in his class he died a few years later so we went to visit him in the hospital but he was on his death bed it was the week par M when a small group of boys went to visit him so on his death bed he was talking and learning so he said he always wondered about the din of Y the din is that if you if you kill a person if you kill an also but if the kill because the eBid is refusing to do the work and the Odon has a right to pressure him to do the work he bought him he owns him so he's to do the work so if he if he if the just shoots the doesn't help even if he lives 24 hours after he's says he thinks that the then only applies in the line of duty the evid is not doing the work the Yon has the right to discipline him so he he hits him he beats him up he beat him up because he was refusing to do the work so then if he lives Y what is 24 hours sometimes you have a din that depends on 24 hours sometimes you have a din that depends on a for that the husband has the right to be that's whether that's or it's up until we pass up until sometimes you only have five minutes he finds out that the wife took the ne five minutes before he has to make up his mind quickly whether he wants to be made for or not Fishman let's say a person was he's not going to get the death penalty is not going to get the death penalty so he still apply the even though doesn't get the punishment it's still that's called he still so he said he always wondered according to that r that y only applies if the if he shoots the it's not in the line of duty he shoots him even if he dies a year later will applies says if he's disciplining there because he refuses to do the work so he said maybe it's not called all so maybe maybe he wouldn't say on his death bed he was and uh we visited him in the hospital so he was talking and learning it was a very big we didn't appreciate him we were in high school when we had him rabab said that um he never met his for many years he never met his father's father's grandfather was the rash and then years so uh I think two years after he went to with his mother and she brought him to meet the the [Music] grandfather I forgot what I wanted to say I apologize I forgot what I wanted to say um the Torah has a if uh there's a if um two people are fighting with each other and they bump into a woman who's pregnant and she loses the she loses the fetus she loses the baby so the one who's responsible for causing the baby to die has to pay the M but that's only provided that the ISA doesn't die if the woman dies so then even if he only killed the woman so there isn't going to be actually it's still going to be so then it says that he doesn't have to pay the that's with so it says if the woman does not die and there's no come with the will force him to pay if the woman dies even if it's so then you say sounds like it's not be will not force him to pay but it sounds like a little bit should pay so this is what rash learn why because whenever there whenever whenever there's have to so they quote this in the name of Sal but a few years before 100 years before AB was born this is printed in the P office P office has a lot of was there were two brothers the RAB from nigbur and half was the in and um Frankfurt Frankfurt huh Frankfurt and Frankfurt it was it was strange the two they learning by the the re that how they become in Germany that's a whole background all story why but that has that so others attributed to but it was way before it says is breaking into my home uh we assume he's an armed uh person and we assume he would be prepared to kill the owner of the home if he'll resist if he won't let him steal this property so we assume that the one who breaking in has a have the right to make him into a if I don't resist so then he's not going to he's not interested in killing I have a right to make him into a because he's coming to steal my money so the says is not so they quote from the it was written by of the gro Theo didn't write it but they his name and means we treat as if he doesn't have blood running in his arteries and if clear tug it's clear as as uh the Sun in the sky that he's not coming to kill he's not prepared to kill the owner of the apartment so then then we consider the if he does a blood circulating in his body so you see from thees that the definition there's a whole pple in recent years the last 60 years or so how do you define the moment of death when is a person considered dead so some people came up with an idea brain death the Kish doesn't seem to believe in brain death the no sources whatsoever the all things M invented by the insurance companies they don't want to pay insurance they say at a certain point he's dead and not he's in a hospital not to pay anymore so the there are many different de that based on this assumption definition of life and death is whether the blood is circulating or not RHA Feinstein has this in a TR before anybody was talking about brain death RHA has a TR there was a 100 years ago there was a pillo if a person had a stroke and his left part of his body is paralyzed can he be by putting it on the dead arm if the D is dead so just like a dead arm how so said if the blood is still circulating to the arm when a person is paralyzed the blood is circulating there just the nervous system is not functioning so he can't move that part of the body but the blood is circulating but if that part of the body would be Gang Green would set in gang there's no blood circulating there then that arm is dead then you're not y then you're not y tilling on the dead arm Soha has this CH so he says how does he know that that's the because his father slept in Sil oner and it was freezing and he became paralyzed he got a stroke and then a few months later he died because of the stroke so one would have thought that the what's the moral of the story if it's freezing and you don't sleep in the silk RHA said no his father was sleep in and he lost his life so he was always mock to sleep in the he would tell his children and grandchild you don't have to sleep in su's freezing outside but his father gave up his life I find that very surprising I would have thought the moral the story is that you don't sleep in Su when it's freezing so's father is a big so uh he said that's the D that if your left side is paralyzed you have to Li him I didn't understand that's what my father did so that's the because my father knew how to learn then the question next question how did your father know that that's the the part of that they never learn in the learns everything the they never learn that part boring Parts about the M when is it considered a by Corbin when is it by a CO who Mak caronus so thear has boring things there so the says there the definition of life and death is when the blood is circulating so writes it about when the organ is dead when is the left arm considered dead when there's no blood circulating but's blood circulating so the person is considered alive and the arm is considered alive if you look in the he has all the MIT listed according to the way they appear in the and he has in the introduction the beginning of the saer he says you have the mitah and then you have later on you have the mitvah you have the mitvah then you have later the you have the Mitzvah of of so every par he tells so he he had a lot was two up until in of and the second the middle of so and a group of had that one then the next week said they so you should have at least two Haas because in the days of the they had one m [Music] we don't have to we should really every said we should have at least three half because theor says in M that in they used to finish the entire sa once every three years was a threee cycle so the first week they would learn the first thir bases second week they would Lear the second thir the third week they would Lan the third third of bation so they had to have three half thice one for the first week one for the second second we one for the third week so every said we should have at least three we don't have them all printed here but they had many more she used to make fun of the conservatives that by them when they L the people don't understand what's going on anyway so they they decided it's boring they don't understand it so they decided to follow the threee cycle so the first week they would land the first third of pares second they would land the first third of the third week they would learn the first third of then the second year they would learn they would learn the first week the second third ofes the next week the second third of he said that's a joke this m like there's no in the days of the they have they wouldn't always and so when they had a threee cycle was not always on it would sometimes be some sometimes every time and they had different depending what was had different we that's what is that you complete the whole one year and the r has a ra is patterned after the so the most here and there the has a big dispute with the so the counts the three times because it has three different punishments gets three different punishments even though it's the same counts it three times has three different punishments so the r says that that's ridiculous it's you don't count how many you only count it's one it only counts once so the ran has on the so he asks on the r that the r contradicts himself not even allowed to curse a deaf man who doesn't hear so he doesn't he's not he doesn't feel aggravated when he curse him because he's deaf so that counts so because it's a different punishment he counts it as two same thing so the ra counts it says when the gives malus a isow where the punishment is that they sometimes get malus they beating someone up and sometimes the punishment is if it's count one person twice so the ra the ra contradicts himself the ra said just because it's a different punishment you don't count that how come he counts separately points out that another counts twice there a what does it mean so the ra quotes that's the from the and goes on a d with so if he curse a person who has so the ra says that you get twice malus is quoting once not allow to curse any Jew and then because this Jew happens to have not so uh so the the ra counts twice it's one because has two interpretations one is goes on so then there'll be because of two different punishments the r counts to one twice and then there's [Music] another mention the Raam counts that POS twice it goes if one swears so one is so then um so then you get malus and if the person is tries to convince someone else toship says it's a different they're not exactly the same the differences between them but for this purpose it's the same so where's thece so he does the same as the so another two that the counts to us so that's the ra so the side of the r MIT have the theas gaser was written by a man whose mother passed away as it was going to print so he wanted to memorialize his mother so he writes an the introduction to the sa that's why he called the Mig his mother's name is like the I think wrote I think his mother's name was his mother passed away they called it the also his name was Y and his mother's name was so he was his father his name was and his father's name was so called he was so the mest on the side of the r always comes to defend the r from all the complaints of the Ran So he quotes um forgot the name of the Z which is AER written by the I think so the says that the answer is the ra rejected the B Because all the three punishments are all the three is going to be saf but that the divided into two categor and andur where do you see that so the r writes and CH that there's no there's never any K without CH if if a person gets malus if he says V then he gets a a person deserves so the Mish says they tell him say otherwise they're not going get a when the person mes if he says get do raum that it's not unless he do that's what the I think quotes that he's a descendant from theu if I'm not mistaken so he says Mona was the main uh one who was opposed to Zionism and all the Hungarian rabbers were TR to argue with him so they all went along so he has a CH he says says when you live in you get when you get only if he do he don't do don't get said there's one exception to the rule it's the gear said that he had in we didn't even have that he says when you bring the even without he get that's get without so see ra there's a different there's so here the r held by these four with the ra count twice one is Mal one level of is is Mal one is so what is it is it is it from the which category does it belong to so since we have a tradition that sometimes you get Mal sometimes has to be counted as to but he disagreed with the B Because all the three punishments are all it's according to all the three the three forms of M but it's they only count it once but these four that the ra counted twice sometimes have Mis sometimes have Mal so that's why it's a problem which category does it belong is it so that's what motivated the to assume that you should should be counted twice I used to D here in one of the shes in the neighborhood a minion so I used to sit next to balos who was not a y he was from Lithuania but um his his father went to slot um and then he went into business he was friendly with all a big rub on him so uh he was the whole family was traveling because of business they were all traveling to South Africa when the first world war broke out so he got stuck in in Germany so he stayed there until the second world war so then he ran away to America so he was not a Yer so that's why they didn't get along the people didn't get along with him so there were two yers there there was there was a y they had me sit in between the two people cuz they would kill each other otherwise so to my right there was a and to my left was this fellow so he told me that he had a brother who learned inot and the told them I'll give you if you can answer all the questions I'll give you because has everything here has has so much but used to be the special shabas for the used to be always the special shabason the used to be theab for the community they wouldn't they didn't learn they was later they introduced it introduce that later when you come be a lot of it says make a peace treaty with has two opinions whether this only in a little two opinions whether this is not to make a only applies to the or it applies to Any Nation that's so one opinion Any Nation so remember when we learned that t so one of the boys asked how could Israel join the United Nations Spain is officially a Catholic country there are certain officially AAR and whoever joins the United Nations is making a peace agreement nonaggression not to not to fight with each other so he said it's a good thing they didn't ask him as whe they should join he was a officially the honorary president of the he says it's a really shouldn't be allowed according to that opinion shouldn't be allowed to join the United Nations maybe for purposes it is then you're not permitted to all any if you have a why we call him he is permitted to live in even though he's not Jewish because he was m the presence of of three Jews that's why we call them does not apply to him today you can't be later so so you can't have a not allowed to let any non-jews live in is but we can't enforce that okay for that didn't all the all the nations of the world will join together to close down medel theit was in thez together witho in so they they're known for the they have a few famous M but most of the things are probably 95 things they agreed other how they function together in The Bu there a couple of things but they had a disagreement so the wasi they were all at that time Asim started to come back to in the early 1800s both the and the and encourage their followers to move they said it we'll move this will hasten the coming of Masia so the WR a saer what's called B not all there today called very nice sa all about very easy it never used to have periods and commas now has paragraphs sentences paragraphs you can read it easily has the the quotes it every so often everybody quotes from the so he's bothered with the question the gor says the first BR the Bening was composed by m when the mon came down and the second BR was composed all second BR was composed when you captured all of is so then they composed the X then the third was composed when established as the capital of is so he composed the third we thank you for giving us then when built the B we composed the second half of the third we thank him for giving us the B now we don't we don't have the Bas on so we changed on the but it used to be we thank you for giving us as the capital B with the question by this they say the end of the first that's so what do you mean it was written by m is quoting from so he gives an answer to the question he says thek says towards the end of the par climb up to the top of I'll give you the that have the he proclaimed but he didn't give him yet he said come up and I'll give you the and the rest of said the word mitah has when in contrast to means the word means to the rest refers to that's how inter I think and that so he says I think the opening I think says what me this was a whatever it says in the an idea when it says history is history when it says an idea that was from the days of M was told when he went up to he was told all of so he says he thinks he suggests that originally the was first was composed by and we they didn't say as it says in they just said that all that have substance not history has some idea was told to and then later when they Incorporated after composed many things in and then and and then they incorporated into the so then they had one word as it says in but they already knew the so that's that was the text at that time it's not a how can they how can this include the if it was posedly written by m was written by m okay everybody h