EVED IVRI ‫עבד עברי‬

Thoughts on the Weekly Parshah by HaRav Eliezer Chrysler

Formerly Rav of Mercaz Ahavat Torah, Johannesburg

Vol. 10 No. 18
This issue is sponsored l'iluy Nishmos
Zvi Meir ben R' Shimon Boruch Iskovitz z"l by his family
and
R' Moshe Yaakov ben R' Mordechai Shlomo z"l by his family

http://www.shemayisrael.co.il/parsha/chrysler/archives/mishpatim63.htm

Parshas Mishpatim
An Eved Ivri
(Part I)
(Adapted from the K'li Yakar)

The Torah opens the Parshah of Mishpatim with the 'Eved Ivri' (a Jewish servant), explains
the K'li Yakar, to conform with the first of the 'Aseres ha'Dibros' (in last week's Parshah).
The Torah wrote there "I am Hashem your G-d who took you out of the land of Egypt from
the house of slaves". Our fathers were sold as slaves to Egypt because they stole their
brother Yosef and sold him to Egypt. In the end, that is precisely where they paid for their
crime. Eventually however, they were set free. Therefore the Torah instructs us that when
we buy an Eved Ivri who is sold because he stole, we too, should remember to set him free.

The Pasuk refers to him, not just as an 'Eved', but as an 'Eved Ivri', the K'li Yakar explains,
because Avraham hailed from the other side of the river ('Eiver ha'Nahar'), where his
ancestors had been idolaters (as the Ba'al Hagadah informs us). The Eved Ivri too, by virtue
of his misdeeds (there are few things more abhorrent in the eyes of G-d than theft), is
following in their footsteps, and so he is deserving of the title 'Ivri'; or perhaps it is simply a
derivative of 'O'ver', meaning a transgressor. And that explains why an Eved Ivri who sells
himself, and who is not sold directly because of his sins, is described as ''ochicho'' (without
the added title of 'ho'Ivri'). Interestingly, the sinner too, is referred as "ochicho ho'Ivri",
thereby supporting Chazal, who have said that a Jew who sins is still a Jew.
 *

The k'li Yakar suggests a number of reasons as to why an Eved Ivri works six years and
goes free in the seventh. Yet the one he presents last is the one he prefers. It is, he explains,
like many other sevenths, which are designated for rest from work - the seventh day
(Shabbos), the seventh year (Shmitah) and the seventh cycle of Sh'mitah, which culminates
with the Yovel year. So too, the Torah orders the Jewish servant to work six years, and to
go free in the seventh.

If his master gives him a Shifchah Cana'anis (a Cana'ani slave-girl) to live with, he is
obligated to accept, and any children born to them are slaves that belong to his master. But
this is only if the Eved Ivri is married already, but not if he comes in single. Why is that?
We are afraid, says the K'li Yakar, that if he is single, he will become addicted to the
Shifchah, and will want to extend his term beyond the initial six-year period, because he
loves his 'wife'. And this is something that the Torah wants to discourage, as is clear from
the continuation of the Parshah. And it is something that is far less likely to happen if he
already has a Jewish wife.

Others suggest the reason to be that it is the master who will be reluctant to purchase a
servant who has a wife and children whom he has to feed. So to tempt him to buy the
servant, the Torah allows him to give the Eved Ivri a Shifchah, to make up for his losses by
providing him with slaves, an incentive which is unnecessary in the case of someone who
has bought an unmarried servant.

And thirdly, the K'li Yakar suggests, it is because an unmarried Eved might expend all his
energy on the Shifchah, without taking the trouble to find a Jewish wife in order to fulfill
the Mitzvah of having children. That is why the Torah withholds from him the concession
of living with a Shifchah Cana'anis (irrespective of whether it would be for his own benefit
or that of his master). Here too, this is a concern that would not affect a married Eved Ivri.

An Eved Ivri who wishes to remain in his master's employ because he loves 'his wife' and
'his children', may do so, but only after he has his ear pierced to the door-post. According to
Rabban Yochanan ben Zakai, this is because it was his ear that heard at Har Sinai "Do not
steal!", yet he went and stole. So it is his ear that must pay for its disobedience. The K'li
Yakar asks why, in that case, the ear is not pierced for other sins that one heard at Har
Sinai, and subsequently transgressed?

So he quotes the Gemara in Bava Kama, which explains why the punishment of a thief is
more stringent than that of a robber. A thief, says the Gemara, as opposed to a robber, is
more afraid of his fellow man than he is of G-d. He makes out, says the Gemara, as if the
Divine Eye cannot see, and the Divine Ear cannot hear. Perhaps it is for the very same
reason that the ear of the Eved (who is sold for having stolen) is pierced (not his eye,
because that would render him blind in one eye, defeating its own purpose by limiting his
use as an Eved Ivri).

And as far as an Eved who sold himself is concerned, his ear is pierced for creating a
situation where, by virtue of his being fully under the jurisdiction of his master, he can no
longer bend his ear fully to hear what G-d wants of him. Why then, do both categories of
Eved Ivri not have their ears pierced as soon as their six-year term begins, asks the K'li
Yakar, at the time when they initially sinned?

And he replies with the principle that the Torah does not mete out two punishments for one
sin. Consequently, in the event that the thief pays double for having stolen, his atonement is
complete. If on the other hand, he is sold, the six-year of work period is his punishment.

As for an Eved who sells himself, his financial straits renders him an o'nes (beyond his
control), which does not warrant further punishment.

If, after six years, they opts to remain an Eved, then the Eved who sold himself is no longer
an o'nes, and the one who was sold by Beis-Din has revealed retroactively, that he does not
consider the service a punishment. He has now opted to become a servant of servants
(rather than a servant of G-d), turning his ear away from the will of G-d. Both Avadim
therefore, now deserve to have their ears pierced.

As a matter of fact, this explanation goes well with that of Raban Yochanan ben Zakai too,
and will explain why the Eved's ear is not pierced immediately, even according to him.

Parashat Mishpatim
"Eved Ivri-First Law"
http://www.yhol.org.il/parsha/5761/mishpatim61.htm

"...ki tikne eved evri sheish shanim y'avod u'bshvi'it yeitze l'hafshi heinam-when you buy a
Hebrew slave, he shall work six years and in the seventh he shall go free, without charge..."
(21: 1).
Rashi does not introduce his commentary to the parsha in any way and does not explain
why the first of the mishpatim quoted in the parsha is the eved ivri.
Ramban's Approach

Ramban, however, deals with the question as follows:

"the Torah begins with the laws of the Hebrew slave because the regulation that he is sent
away in the seventh year is a reminder of our exodus from Egypt. This is clearly stated in
the first of the Ten Commandments. A further reminder is found in the verse: 'And you
shall remember that you were a slave in the land of Mizrayim, and Hahsem redeemed
you...'" (Devarim, 15: 15).
Furthermore, the Ramban continues,
"...these laws remind us of the creation and the Shabbat. The seventh year of bondage is a
kind of Sabbath for the slave just as the seventh day is a day of rest... therefore, it is
reasonable that Parashat Mishpatim begins with this extremely serious directive."
For Ramban, it is not the content of the mitzvah which gives it its place in the parasha. It is
not the topic of the "Hebrew slave" that merits first mention in the list, but that the eved ivri
alludes to other ideas which are critical to the Torah community. The Shabbat and the
Exodus from Egypt are the two most important events in the Jewish memory bank, and
they both are part of any serious understanding of the laws of the Hebrew slave.

Rashi

Rashi, as I pointed out, does not deal with introductions but with a grammatical issue. The
words eved ivri might mean "a servant who is a Hebrew" or alternatively "a slave
belonging to a Hebrew," (a Canaanite slave bought from a Hebrew!). Rashi continues this
analysis by indicating that there is other textual material which can help us to identify the
slave to whom the pasuk refers. The words themselves eved ivri remain impenetrable and
defy analysis. However, there are other indications that the reference must be to the
"Hebrew who is your servant".

The gemara (Eruvin, 54b) asks, "How do we know that the teacher of Torah has to direct
his student to see various aspects of the text, "…that you shall place before them (verse 1)".
Rashi explains that the Hebrew phrase leharot lo panim, means that you have to teach your
student to explain a text for himself, the student should not be satisfied to say "this is the
explanation that I heard from my teacher". It is important that he be encouraged to
understand the significance of various interpretations.

The reason that the verse uses the word "lifnehemi-before them," and not the simpler "asher
telamdem-which you shall teach them" is to emphasize this point. It is not enough to teach
information but it is important to involve students in the process of Talmud Torah.

Rashi accepts this challenge and indicates the difficulty of the first verse in our parasha.
Rashi might simply have chosen to tell us what the word meant. Rashi could have accepted
the familiar halachic definition. Anyone who studies gemara knows that the pasuk in our
parasha refers to "a slave who is a Hebrew".

However, Rashi introduces us to a certain type of reasoning which leaves no stone

unturned. If the reference is to a Canaanite slave, and if he goes free after six years then
how are we to explain a latter verse which says about the Canaanite slave "you shall keep
them in your possession for your sons, to inherit, to possess..." (Vayyikra, 25: 46). Rashi
explains "hold on to them as a possession for the sake of your sons after you...".

Rashi makes a rather far-reaching suggestion. Perhaps the verse in Vayyikra is about a
Canaanite slave purchased from a non-Jew. He becomes a family possession. However, a
slave bought from a Jew would go free after six years of labor!

Gur Aryeh explains this (possible) distinction as follows: There is a difference between a
Canaanite slave purchased from a Jew and one purchased from a non-Jew. When a Jew
buys a Canaanite the slave must begin a process of conversion. The slave is required to
keep all the mitzvot that a woman is obliged to keep in spite of the fact that the slave has
not yet completed a conversion process. If the master decides to let the slave go free, the
release is conditional on the slave's completion of the process of conversion-the slave must
become a full Jew. Therefore, if you buy a Canaanite slave from another Jew, the slave has
already begun the process of conversion and is looking forward to freedom and full
acceptance of Judaism. In such a case, it is possible that the buyer will not merit permanent
ownership of the slave. However, a Canaanite slave purchased from a non-Jew has not
begun the process of conversion and the notion that he becomes the permanent possession
of the buyer's family is more reasonable. We understand that this is an attempt to
understand the suggestion in Rashi. The suggestion is rejected but it must have had some
reasonableness otherwise Rashi would never have brought it up. The Gur Aryeh attempts to
present us with a rationale.

In order to solve this problem Rashi quotes another verse, "If your brother a Hebrew man or
woman, is sold to you, he/she shall serve you for six years, and in the seventh year you
shall send him away, as a free person..." (Devarim, 15: 12).

Rashi teaches that this verse states clearly that only the slave who is "your brother" is freed
at the end of six years of labor.

For Rashi this is all reasonable. One place in the Torah is not perfectly clear and a specific
problem is clarified by referencing another verse of the Torah. Rashi is pointing the way to
Torah study. We are directed to engage the text. Though we might know the answer, and
the slave referred to is clear to us, it is nevertheless of great significance to repeat the
process and raise the questions again.

Parashat Mishpatim contains material that the individuals of the dessert generation learned
in order to be able to answer the question: "Do you accept G-d's Torah?".

Revelation taught them that it was possible for Hashem to give his Torah to the people of
Yisrael. But this was not enough. In order to accept the Torah they had to study it and to
know its nature and this process is the subject of our parasha. Rashi teaches us that in order
to answer the question about acceptance they also had to be introduced to the study of the
Torah. The people were asked not only to accept the Torah and its directives but also to
accept the obligation to study Torah seriously, with the understanding that the study is
revealing, and intrinsic to ultimate acceptance of Torah.
Rashi then turns to explain the beginning of the verse. "when you will buy..." explaining
that it refers to the court which is selling the Hebrew as a slave for his theft, should he not
have enough money to pay for that which he has stolen. This is stated in another verse, "..if
he [a slave] has nothing, he shall be sold for his theft..." (Shemot 22: 2). Rashi then begins a
second discussion.

Rashi writes, "Perhaps this is mistaken. The verse may refer to one who sells himself
because of his poverty, but if he is sold by the court then he does not go free in six years."
In other words, if a slave were sold because of money that he stole, then he should work
until that debt is paid. If working to earn that amount of money takes more than six years
then let whatever period of time be necessary for the sale. However, if a slave had sold
himself because he was impoverished, the Torah would set a limit to his slavery.

Rashi answers his question as follows: "there is another verse, 'when your brother will be
poverty stricken, and be sold to you…' (Vayyikra, 25: 39). The person who sells himself
because of his poverty has been discussed. It is reasonable to say that our verse, which
begins 'when you will buy…' (21: 1), refers to a person sold by the court".

Once again Rashi does not emphasize the information but the method of learning that the
people were asked to involve themselves in. They were asked to compare the verse they
were learning with other verses dealing with the same or similar material. It is not enough
to know the answer it is important to be aware of the process.

Ohr Hahayyim

The Ohr Hahayyim makes an interesting comment. Why does the verse begin with the
words "When you buy a Hebrew servant", when the point of the verse is that he "should
work six years and go free on the seventh"? The pasuk teaches that if we have a choice
between buying a Canaanite or a Hebrew slave we should prefer to purchase the Hebrew
slave. We are instructed to buy the slave who will go free in six years and not the slave who
might work his entire life for his owner.

The Ohr Hahayyim is pointing to an interesting parallel. When the people of Yisrael went
into slavery in Egypt its purpose was not entirely clear. However, there was no doubt that
freedom from a slavery that clearly had to come to an end was a necessary prelude to
receiving the Torah and entering the land of Canaan. Was this a singular event never to be
repeated, necessary for the creation of the people, but having happened there is no longer
any need to repeat the process? Or does the circumstances of slavery and freedom engender
some ongoing obligation and vision.

The Ohr Hahayyim seems to think that the slavery and subsequent feeling of liberation
from the trials of Egypt continue to present us with challenges. If a Jew finds himself in
need of the cleansing of a period of slavery, which then is followed by renewed freedom,
then it is our obligation to insure that this process will take place for the benefit of the
individual.
Therefore, if there is Jew standing before us who is being sold into slavery and a non-Jew
in the same state we prefer to buy the slave who will soon go free, though this may be a
poor economic decision. We are obliged to continue the process begun in Egypt and which
affected the entire people as a nation. If there are still some individuals who need to be
cleansed and raised to the level where they may keep the Torah as though they had just
been granted the Torah on Sinai, we are obliged to help in this effort and take the Hebrew
as our slave.

Gut Shabbos,
Chaim Brovender

Parshas Mishpatim 5764

Z-mail Parshas Mishpatim

MORE TO THE EAR THAN MEETS THE EYE

http://www.aish20s.com/English/Parshas-Mishpatim-5764.html

ear (er), n. the organ of hearing in man and other vertebrates, in man consisting of the
external ear, which receives sound vibrations that are passed into the middle ear, causing a
vibration of its bones which in turn causes a movement of the fluid in the internal ear, the
hair cells of which stimulate the auditory nerve which transmits the impulse to the brain.

The above is a description of the physical ear, taken directly from the Random House
dictionary. The truth is that although the ear is human .... to truly appreciate it .... is divine.

A VERY "BORING" STORY

In the very beginning of this week's Torah portion, we are told about the eved ivri, the
Jewish person who is sold into servitude by the court in order to pay back the money that
he stole. He works for his master for no longer than six years, after which he is set free.
If, however, the servant should choose to remain in the service of his master after the six
years have elapsed, the Torah then instructs the master to bring the servant to the judges,
who will bring him to the door post (of the court). The master then bores through the
servant's ear with an awl into the door, and the servant can then continue to serve his master
until the Jubilee year (the fiftieth year of the Sabbatical cycle). (see Exodus 21:1-6)

Rashi, the preeminent Bible commentator, quotes the following Midrash:

"And what is it about the ear that it should be bored of all the organs of the body?
Rabban Yochanan ben Zakkai said: This ear that heard at Mount Sinai 'You shall not steal',
and nonetheless he went and stole, let it be bored. This reason applies in the case of one
who is sold into servitude by the court because of theft, and if he sold himself because of
poverty, the following reason applies: An ear that heard at Mount Sinai, 'for the
Children of Israel are servants unto Me', and he went and acquired a different master for
himself, let it be bored."

What an "ear-ie" concept! A man decides to be a servant of another human being instead
of living independently ..... and he gets his ears pierced .... for free? What does the Midrash
mean that the ear that heard at Mount Sinai that we shouldn't steal, and stole nonetheless,
should be bored? Didn't our ears hear many different laws at Mount Sinai, such as the
laws of kosher, fasting on Yom Kippur, observing the Sabbath etc. - yet we don't find a
person who is caught eating lobster getting his ear bored through the wall!

THE "INNER" EAR

It is a fundamental teaching of Kabbalah (Jewish Mysticism) that everything G-d created in

the physical world is rooted in some spiritual analogue, which is its source. It follows that
the physical universe neatly mirrors the spiritual one that nourishes it. Physical reality is
merely a refraction of spiritual essence. The way something takes physical shape speaks
eloquently about its "form" in the spiritual worlds. In other words, when you examine the
characteristics of a given physical object, aside from the scientific explanations of its
particular structure and function, there is always an "inner" depth to why the object is the
way it is. The physical object has its particular functions because it must reflect its
spiritual essence.

When you examine the human ear, you will find two properties that distinguish it from the
other sensory organs, such as the eyes and the mouth.

First of all, the ear is the only sensory organ that is entirely passive. Unlike the mouth and
nose, which both take in and take out, the ear can only receive information. Even the eyes
can take in the sights and also have a proactive effect on things surrounding them. You
can see a beautiful sunset, and you can stare or glare at someone you don't like. But you
simply cannot hear at somebody - you can only hear what they are saying. Hearing is a
one-way street, totally passive. Second, while most of the other bodily orifices and sensory
input channels come equipped with structures that enable then to close and shut out what
shouldn't be coming in, the ear has no such built-in structure.

So, for example, if you are walking at the beach on a windy day, and you don't want to get
sand in your eyes, you can simply shut them with your conveniently positioned eyelids.
But if you don't want to hear someone speaking loshon hara (slander or gossip), you have to
either put your finger in your ear (kids, try this at home!) or just walk away.

The Kabbalistic explanation for these unique, albeit seemingly trivial, properties of the
human ear is as follows: The ear is a physical manifestation of the spiritual element within
man that expresses a total willingness to receive the influence of G-d and to be subservient
to Him. The ear can be thought of as the ultimate "servant" - it is entirely passive and only
takes in and absorbs information, and is ready and positioned to receive that information at
all times - even when other sensory organs might be shut closed and non-receptive.
[Now I know that to some of you readers, this might sound like an earful. Yet I hope you
will realize that, as most intellectually honest scientists today will readily admit, science
itself and the study of the external, revealed world do not have all the answers. A biologist
might be able to tell you how a particular organ functions, yet the answer to the
philosophical question of why it had to be that way eludes him. The Jewish people have
always believed that the answers to the questions that science does not - and cannot -
address, can be found in the Torah and the Kabbalah, as revealed to us by the Creator who
fashioned the ear and everything else in creation the way that He saw fit.]

"HEAR" TO SERVE YOU

Now, of course, when G-d stood at Mount Sinai and told us that "the Children of Israel are
servants unto me", His intent was that we should utilize our unique tool for receiving
information - the ear - in order to serve Him.

We serve G-d by hearing what He wants from us as specified in His Torah, understanding
and integrating that information to the best of our ability, and ultimately accepting it as part
of our service to G-d. As a matter of fact, the mitzvah of reciting the Shema - in which a
Jew accepts upon himself the service of Heaven twice daily - starts with the Hebrew word
shema, which means to hear, to understand, and to accept. One word with three different,
but related, meanings! We are supposed to use our ears to hear, and ultimately to
understand and integrate, everything that we learn.

But sometimes we become an eved ivri, a servant to something in the physical world - be it
another human being such as our boss, or our career, or our materialistic desires - instead of
serving the Creator Who transcends the physical world. At times, our desire to serve
whatever it is that we want to achieve, might even tempt us to "bend the law" a little bit.

Now think about it, how does this happen? It can only be because we have used our ear -
the ultimate servant and information receiver - to hear, integrate and accept ideas and
world views that run contrary to what G-d Has in mind for us. We have thus abused the
spiritual, inner purpose of the ear - to be receptive to spiritual growth and to serve G-d. G-
d thus says to us, "I took you out of Egypt to be free to serve Me and to bring out the best
that your souls have to offer. But now look what you've done. You have listened with those
wonderful ears that I gave you to everyone else out there but Me! I know much more than
the people at CBS or CBC! Why get your view of the world and your understanding of life
from CNN and Scientific American? I wrote the best-selling book of all time - the Bible -
you can gain a tremendous insight into the world and life right there in My book!".

So the court of old times was instructed to bore a hole through that most precious tool of
receptivity in order to teach the eved ivri (the Jewish servant), as well as the rest of us, not
to abuse the power of our ear!

We have to be extremely careful about we let ourselves hear, especially these days, when it
seems like practically anything goes. And let us hope that throughout our lives we can hear
and integrate and accept the sensible and truthful and life-impacting ideas and information
that G-d intended for us to hear .... before someone we know gets their ear (or Heaven
knows what other part of the body) pierced!

Parashat Mishpatim (Exodus 21:1-24:18) for Feb. 25, 2006

Whether or not we are slaves is dependent on whether we

believe God is One.
Study with Baruch Sienna

http://www.kolel.org/pages/5766/mishpatim.html

This year's cycle of weekly Parasha study explores what connections and insight we can
find by examining the Torah portion together with the Haftarah.

Parashat Mishpatim begins with a collection of laws scholars call the 'Book of the
Covenant.' The Rabbis identify 53 different mitzvot in this parasha. The first set of rules, or
laws, (in Hebrew mishpatim) that immediately follows the giving of the Ten
Commandments concerns the treatment of slaves. It is difficult for us today to understand
the position of the 'eved,' as the term can refer to slaves, household help, or even an
expression of modesty or submission (used in polite company, as in 'your servant' or
Adonai's servant). The Torah distinguishes between a gentile slave, usually captured in
wartime and whose slave status was permanent, and a Hebrew slave, who was temporarily
indentured, usually to pay off a debt, and who retained more rights.

Jeremiah lived during the reign of King Josiah who restored the Temple cult and instituted
religious reforms after finding an ancient scroll believed to be the book of Deuteronomy.
Some scholars identify Jeremiah as the author of the book of Deuteronomy. The Kingdom
of Judah was caught in the crossfire between the superpowers of Egypt to the south and the
Babylonians in the North. The Northern Kingdom of Israel had already been destroyed by
the Assyrians in 721 BCE. Egypt marched through the land of Israel to attack Babylonia,
and enroute battled with the Israelites at Megiddo, killing Josiah. The Egyptians however
were defeated by Nebuchadnezzar in 605 BCE, and Jerusalem came under
Nebuchadnezzar's rule. In 586 BCE Jerusalem was razed and the Temple destroyed. The
religious and political elite were exiled to Babylonia, but a remnant of the Jewish
population fled to Egypt and took Jeremiah with them.
It seems a little surprising that after the lofty pronouncements at Mount Sinai, the Torah
turns its attention to the mundane and prosaic matter of judicial and civil legislation. True,
in Judaism, being 'religious' isn't about theological and philosophical contemplation, but the
actual application of how we treat one another. Still, of all the laws that the Torah could
begin with, it strikes the commentators as odd that the Torah would choose to spell out the
obligations to having slaves! It would have been more logical to begin with the
establishment of the judicial system and the appointment of judges.

The Ramban suggests that our Parasha parallels the opening of the Decalogue: "I am
Adonai your God who took you out of slavery..." (Ex. 20:2) Others suggest that God
begins with this law as the Israelites would relate to it- as they themselves knew what it was
like to be slaves. But having been slaves can backfire; it is also possible that the Israelites
would be cruel slave masters, as a psychological release against their own oppression.
(Otherwise everyone who has been oppressed or mistreated would be a kinder, gentler
individual- something we know isn't true). But this is, of course, what makes the law so
surprising: why wouldn't the Torah prohibit slavery outright?

We all like to think that we are free, but in reality, we are enslaved to many things. The
Hebrew root of eved is used in the Torah to mean to 'work' or to 'serve.' David Moss, begins
his magnificent Haggadah for Pesach with an illuminated papercut page. On the first side,
we see a series of illustrations of the Israelites in Egypt: mixing the mud and straw, forming
the bricks, and baking them in the oven. Surrounding the papercut in micrography (tiny
Hebrew lettering) are several verses with the root eved (describing the slavery of the
Israelites). But when you turn the page, the same outlines (remember, this is a papercut!)
now illustrate the Israelites getting ready for Passover, grinding the wheat into flour,
mixing the dough and baking the matzvah. Now, around this page are again a series of
verses with the root eved, but this time with the meaning of 'worship' and serving God. It is
a brilliant midrash; in the turn of a page, the Israelites' bondage is transformed into the
service of God. It's as if Moss is reiterating Bob Dylan's refrain: 'You got to serve
somebody.'

The medieval commentator Alshich would agree with Moss in contrasting human servitude
with serving God. He points out that the text says, "If you acquire a Hebrew eved..." but
isn't the person an eved only after he has been acquired? Why then is he already referred to
as an eved? Alshich answers his own question: that this is a subtle reminder to the owner
that the person is already a servant to another master, i.e. to the Master of the World.

The word avadim (slaves) is almost identical to ivrim (Hebrews). The only difference is the
tiniest stroke that differentiates the Hebrew letters 'dalet' and 'reish.' In the Shma, the 'dalet'
of the word 'echad' is enlarged precisely to avoid confusion of this same difference between
'echad' (one) and 'acher' (other). The question of whether God is one or not seems unrelated
to our discussion of slavery. Whether we see ourselves in a relationship with the Divine or
not seems irrelevant. But this slightest distinction determines the fundamental and essential
quality to our freedom.

Shabbat Shalom,

BDS

Parshat Mishpatim/ ‫משפטים‬

http://www.codeoftheheart.com/old/Wekly%20Parsha.htm

(18th Parsha of 54 Parshiyos of Torah)

By Rabbi Avraham David, numerical interpretation of Torah with aid of Gematria. Grandson of the
Strettyner Rebbe, Rabbi Solomon Langner. Questions/Comments

212-372-7553. © 2006. 5766 Study Gematria & Sharpen Your Mind. Onlinde at
www.codeoftheheart.com

Serve God, not foreign powers

In this week’s parsha, the Torah says, ‫“ ואלה המשפטים אשר תשים לפניהם‬And these are the
ordinances that you shall place before them.” According to Rashi, we should not go to non-
Jewish courts of law who are our enemies. We see an allusion to this from the last letters
(rearranged ) of the above phrase which spells the term ‫ האלות‬haolos, which means curses
(Deuteronomy 30:7). What do curses have to do with non Jewish courts of law? The term
curses can be found in the Torah where it talks about our enemies. By going to non-Jewish
courts, we are giving homage to foreign powers whose rules are not Godly but are man-
made and self-serving. In fact, according to American justice, one accused of stealing in the
stock market is disgorged of all his/her money and sent off to jail for several years. When
the thief comes out of jail, he/she comes out penniless and without hope. Not so our Torah.
A thief would have to pay the victim. If the thief does not have the money to pay, then he
would be sold as a slave to work for a Jewish family for a period of six years and on the
seventh year, he would go free. This system brings hope and encouragement to the thief
and makes him a productive member of society. The laws of God never change. Not so our
system of Justice. In the United States, there are full time legislatures at every level of
government, constantly passing laws, and some of them contradicting the previous laws,
and of course , with full of legalese, the laws are difficult to understand. The following is a
sample; (b) Eligibility. An alien who is included in the categories of restricted aliens under
§ 245.1(b) and meets the definition of a "grandfathered alien" may apply for adjustment of
status under section 245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section: (Redesignated as paragraph (b) and introductory text revised
3/26/01, previously paragraph (a); 66 FR 16383). Even lawyers have difficulty
understanding the immigration rules of the United States. Filing for a green card brings no
guarantees. Just anxiety and sometimes, only false hope. Such laws bring discrimination
and breed hatred between the locals and the immigrants. Not so our Torah, it says that
there is one law for the stranger and the citizen (see Exodus 12:49).

The Torah says ‫ושחד לא תקח‬, “and a bribery shall not be taken”(Exodus 23:8). As noted
in my previous discourses, we find the underlined letters spells the acronym of the word,
‫אחד‬, echad, one, as the judge and litigant actually become one as the bribe blurs the
objectiveness of the judge. We see this result in today’s top news story (2/22/06) where we
learned that the Bush Administration gave the go ahead for the purchase of 6 major ports by
an Arab nation, the UAE, that has been affiliated with the 9/11 terrorists, money laundering
and nuclear proliferation through Mr Khan of Pakistan. Upon further investigation by news
reports it came out that the deal is worth 6.8 billion dollars. I assume that it is the price that
President Bush has valued as selling our security protection to potential terrorists. But there
is more. According to Yahoo news, the United Arab Emirates donated 1 million before
1995 to the Bush Library Foundation. Also, the United Arab Emirates donated
$100,000,000 (100 million) dollars to Katrina Hurricane Relief. Now we see how the words
of Torah are correct as bribery blinds people to the truth. The truth is that this sale will
make a mockery of the billions spent on homeland security and it is an insult to the victims
and families of 9/11. So is the price of freedom and democracy. According to the White
House spokesman Scott McClellan, the United States will not outsource our security.
However, CNN said that is untrue as they have shown that once a shipment reaches the
port, it comes under private security of the port. If the port is owned by a foreign entity
such as the UAE, who knows who will they hire. Maybe even Osama Bin Laden’s relatives.
Does this make any sense? Yes, because that is how far a bribe will go. As the Torah
notes, it will make the righteous crooked (see Exodus 23:8). Perhaps the sale of the ports
will be blocked by Congress as the truth has been revealed in that the President of the
United States’s judgment has blinded by a bribe.

We must keep studying the Torah so that we can avoid the pitfalls of perverse judgment. In
fact, the Torah will always keep us as pure as the sapphire stones of the Tablets of the Ten
Commandments as it says in the Parsha, ‫ותחת רגליו כמעשה לבנת הספיר‬, “and under his feet,
like the form of a sapphire brick.. and was like the appearance of the heavens in
purity”(Exodus 24:10). If we take the acronym of the encircled letters, it spells the term,
‫ תורה‬, Torah. Such is our Torah. It makes us as pure as the sapphire of heaven. May we
speedily be redeemed through the Messiah that equals the same Gematria as the ‫עבד עברי‬,
eved ivri (358) so that we can serve God with a faithful and pure heart.

[1] Exodus 21:1

A refuah shlaimah to my father who is recovering from stroke at Vanderbilt Nursing

Home, SI , NY Shabbat Shalom ‫שבת שלום‬
 FORUM TECHOUVOT
http://www.techouvot.com

Parachath Michpatim – Servitude et don de la Tora

Si l’on ne manquait jamais, en aucune circonstance, d’avoir à l’esprit que Hachem est le
maître du monde et de ce qui le remplit, personne ne pécherait jamais. Nous autres mortels
avons parfois tendance à oublier ce principe de base et, pensant que Hachem ne nous
regarde pas, à transgresser discrètement Sa volonté.

Si les lois relatives au serviteur juif font immédiatement suite au récit du don de la Tora,
c’est pour nous préserver de cette idée fausse, et ce afin de souligner que chacun individu
doit s’efforcer d'être un serviteur totalement consacré de Hachem.

Les « six années » que dure l’asservissement d’un serviteur juif à son maître symbolisent
les six millénaires de ce monde, ceux où notre adhésion à la Tora et aux mitswoth exige de
nous que nous luttions. A la septième, c’est-à-dire au septième millénaire, le serviteur
sortira libre, ce qui veut dire que nous serons « libérés » de la nécessité de devoir nous
battre pour elles. Nous exécuterons alors les mitswoth dans la paix et la sérénité. Aussi
devons-nous, aussi longtemps que durereront ces « six années », accepter de lutter pour
servir Hachem afin de pouvoir, la « septième année » venue, mériter un mode d’existence
complètement nouveau et débarrassé de l’éprouvante nécessité de devoir nous battre pour
Lui.

(D’après les Si‘hoth ‘habad).

Catégories de serviteurs et traitement différent pour chacun

En ce qui concerne le « serviteur hébreu » (‘évèd ‘ivri), il s’agit ainsi que l’explique Rachi
(ad Chemoth 21, 2), soit d’un homme que le tribunal a vendu à cause d’un vol qu’il aura
commis, comme il est écrit : « … s’il ne possède rien, il sera vendu pour son vol »
(Chemoth 22, 2), soit d’un homme qui se vend lui-même parce qu’il est dans le dénuement,
ainsi qu’il est écrit : « Et lorsque ton frère deviendra pauvre près toi, et te sera vendu… »
(Wayiqra 25, 39).

Si cet homme a été acquis par son maître étant marié, sa femme et ses enfants sont libérés
comme lui, à l’expiration des années de service.
S’il est marié, son maître peut lui déférer une une servante cananéenne pour qu’il engendre
par elle des serviteurs. Il s’agit là d’une punition destinée à lui faire prendre conscience des
conséquences de sa privation de liberté.
A noter toutefois que s’il n’était pas marié au début, son maître n’a pas le droit de lui
déférer une servante cananéenne (Qiddouchin 20a).

Quant à la « servante hébreue » (ama ‘ivriya), il s’agit du cas particulier d’une jeune enfant
impubère (qetana) que son père place au service d’un homme dans la perspective d’un
mariage, soit par lui-même soit par son fils. Cela exclut la jeune fille pubère.

Oreille percée et ère messianique

La raison pour laquelle on poinçonne l’oreille du serviteur qui demande à prolonger son
servage est donnée par Rachi (ad Chemoth 21, 6) au nom du Midrach :

Rabbi Yo‘hanan ben Zakaï a enseigné : Cette même oreille a entendu au mont Sinaï : « Tu
ne voleras pas ». Et pourtant il est allé voler. Qu’elle soit donc poinçonnée ! Et s’il s’est
vendu lui-même, cette oreille a entendu au mont Sinaï : « Car c’est à Moi que les enfants
d’Israël sont des serviteurs » (Wayiqra 25, 55). Et pourtant il est allé se donner un autre
maître. Qu’elle soit donc poinçonnée ! (Qiddouchin 22b). Rabbi Chim‘on interprétait ce
verset de manière allégorique : En quoi la porte et le poteau sont-ils différents des autres
parties de la maison ? Le Saint béni soit-Il a dit : « La porte et le poteau ont été témoins en
Egypte lorsque je suis passé au-dessus du linteau et des deux poteaux et que j’ai dit : “Car
c’est à Moi que les enfants d’Israël sont des serviteurs, ils sont Mes serviteurs”, et non les
serviteurs de serviteurs. Et pourtant il est allé se donner un autre maître. Qu’elle soit donc
poinçonnée devant eux ! » (Mekhilta).

L’idée qui sous-tend le geste du poinçonnement de l’oreille est celle, par conséquent, d’une
liberté rejetée par celui qui le subit. On peut donc dire qu’il renvoie, au moins de par son
agencement mental, à celle de la liberté telle qu’elle est promise à l’ère messianique.