Mishpatim, Sinai and Eved Ivri
וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם
These are the laws that you shall place before them.[1]
Letters and Laws
The discussion in this week’s parsha does not take long to get started – it begins with the very first letter, the letter vav of the word “וְאֵלֶּה”. Seemingly, it would be appropriate for a new parsha to open afresh with the word “אֵלֶּה,” while the word “וְאֵלֶּה” appears to link this to the previous parsha, making it a continuum of sorts. Indeed, Rashi comments on the link, citing the words of the Mechilta:
מה ראשונים מסיני אף אלו מסיני
Just as the above [commandments, i.e. the Aseres Hadibros] were from Sinai, so, too, are these [laws] from Sinai.
What exactly is this Midrash informing us? Why does it need to emphasize that the contents of our parsha are from Sinai? Are not all the mitzvos of the Torah from Sinai?
Let us preface our answers to this question by raising another one:
Why does Parshas Mishpatim open with the laws of Eved Ivri – the Hebrew servant?
Although we may answer practically that the parsha has to start somewhere, the question nevertheless persists, for the law of Eved Ivri is actually based on another law which is stated later on in our parsha,[2] namely, that if one steals and does not have the wherewithal to pay off his debt, he is sold into servitude in order to do so. As such, our parsha seems to begin in the middle of a situation! That demands an explanation.
Apparently, there is something about Eved Ivri which sets the tone for the body of Torah law known as mishpatim.
The Vision of Mishpatim
Let us begin by referring to an observation of the Midrash. Our parsha is not the first occasion where the Torah presents us with mishpatim, for we also received a number of such laws while at Marah, even before arriving at Har Sinai. The Midrash comments:[3]
This may be compared to a noblewoman, who travels with a guard both before and after her. So too, the Torah has monetary laws both before and after it, while it is in the middle.
What is the meaning of this parable? In what way do the mishpatim function as “guards” for the Torah given at Sinai?
The Be’er Yosef explains. A striking feature of many of the mishpatim is the generosity of spirit that they demand in their implementation. For example:
- Money lent to a fellow Jew cannot have interest charged on it.
- If the borrower defaults on the loan, the lender cannot enter his house to take collateral; rather, he must wait outside for the borrower to bring it to him. As the Gemara[4] notes, it is unlikely that the borrower will choose his most valuable possessions to be given as collateral. Additionally, if the item is something the borrower needs at certain times, the lender must return it to him at those times.[5]
What is behind these mishpatim which, while they ultimately ensure that the lender gets his money back, certainly do not seem to bring the full weight of the law to bear on the one who has to pay? Where does this measure of compassion within the mishpatim come from?
The answer is: From Sinai.
The events of Sinai were not just about revelation, they were about elevation. If we were to ask anyone among the Bnei Yisrael standing at Har Sinai what his goal in life was, we can be sure that no one would respond: “To make as much money as possible, and to ensure that anyone who owes me money pays it back – come what may!” The entire atmosphere was one which brought the people to an entirely higher plane, with the accompanying higher vision of how to use their assets – for the betterment of society, while, ultimately, being protected against loss.
This noble vision of Sinai, says the Be’er Yosef, is preserved in the mishpatim of the Torah. That is why they are looked on as the “guards” which protect the Torah that was given there.
Nowhere is this vision more manifest than in the laws relating to Eved Ivri. Someone stole money and does not have the wherewithal to pay it back, resulting in his being sold into servitude in order to do so. We would have imagined that the only priority in this situation is the person working off his debt, and, yet, we find a host of laws regarding how to treat this servant. He cannot be given work that is demeaning.[6] His basic needs are to be provided for in a manner no less than his master,[7] to the extent that the Yerushalmi[8] famously says that if there is only one pillow available, the master must give it to the servant, while he himself will sleep without one! The entire situation is summed up by the Gemara which states: “Whoever acquires a servant has, thereby, acquired a master for himself.”
What is behind these laws? The vision of Sinai, whereby the goal with regards to this thief is not just one of remuneration, but of rehabilitation! Perhaps, we can now understand why Eved Ivri opens the parsha of Mishpatim, for it so strikingly portrays the Torah’s Higher Program of monetary law.
This will give us new insight into the Mechilta cited in the beginning of our discussion which comments on the opening letter vav, linking mishpatim to Sinai: Just as the earlier commandments partake of the ethos and atmosphere of Sinai, so too, do the mishpatim, beginning with – and vividly represented by – Eved Ivri!
[1] Shemos 22:1
[2] Shemos 22:2.
[3] Shemos Rabbah beginning of Parshas Mishpatim.
[4] Bava Kama 8a.
[5] Shemos 22:25-26.
[6] See Rashi to Vayikra 25:39.
[7] Kiddushin 20a
[8] Cited in Tosafos ibid.