Thursday, February 4, 2016

Parshas Mishpatim - Hear-y? Here-y?

~ Thoughts on the Parsha ~
Parshas Mishpatim

Hear-y? Here-y?
By: Daniel Listhaus

וְהִגִּישׁוֹ אֲדֹנָיו אֶל הָאֱלֹהִים וְהִגִּישׁוֹ אֶל הַדֶּלֶת אוֹ אֶל הַמְּזוּזָה וְרָצַע אֲדֹנָיו אֶת אָזְנוֹ בַּמַּרְצֵעַ וַעֲבָדוֹ לְעֹלָם

“…Then his master shall bring him to the judges and shall bring him to the door or to the doorpost, and his master shall bore through his ear with an awl, and he shall serve him forever.”
 -Shemos 21:6

            After recounting the miraculous events that the entire B’nei Yisroel witnessed when receiving the Torah at Har Sinai, the Torah goes on to discuss laws pertaining to ownership, property, and money, and responsibility for damages. The parsha chooses to open with the laws pertaining to an eved ivri (Jewish slave). The slavery which the Torah allows is not the same as pre-abolishment American slavery; even using the term “slave” to characterize an eved ivri is quite unfair given the negative connotation and meaning of the word as we use it today. Rather, the slavery that the Torah permits is one with strict rules, regulations, guidelines, and fascinating halachik ramifications. However all that is beyond the scope of this d’var Torah. Instead, let us focus on a very peculiar law associated with an eved ivri.

            The Torah commands that an eved ivri goes free when the shemittah[1] year arrives. However, the Torah[2] adds that if the servant says, “I love my master, my wife, and m children – I shall not go free”; then he is allowed to stay as long as his master brings him to the door or doorpost of the beis din (Jewish court) and bore through his ear with an awl.

            Rashi[3] comments that it is not arbitrary that the Torah instructs that the eved’s ear be pierced. The reason for the hole in the ear is because his ear heard at Har Sinai “You shall not steal” and yet he went ahead and stole anyway (which is why he ended up being a slave). It is therefore appropriate that the ear which did not listen should be bored.[4].

            This Rashi is very difficult to understand for a couple of reasons. First, it cannot be that the reason the eved ivri gets his ear pierced is because he did not listen to the commandment not to steal. If that were true, then why would he only get his ear pierced when he decides to remain a slave? He should have to have it bored as soon as beis din declares him a gazlan (thief)?

            Second, even if we could somehow understand why the eved only gets his ear bored at this particular point as opposed to when he is found to be a convict, how could we understand why this peculiar mitzvah is only applicable to an eved? We heard many mitzvos at Har Sinai! Why is there no commandment in the Torah that one who does not keep Shabbos has to have his ear bored with an awl for the same reason –  that the ear that heard at Har Sinai to keep Shabbos and yet went ahead anyway and desecrated it, deserves such punishment? Why specifically by the eved ivri who stole six years prior and at Shemittah decides to stay with his master does he get his ear pierced? It cannot be because he stole and it cannot be because of “the ear that heard at Har Sinai…” because if so he should have had to have been bored at the time of the conviction and it should apply to the other mitzvos as well. How could we understand this Rashi?

            Like Rashi, the Chizkuni too is bothered why it is that the eved ivri gets his ear bored. However, he writes a different reason. The Chizkuni[5] cryptically answers that the reason why here specifically Hashem commands that the ear of the eved ivri be bored is in order that the world should not make the mistake that he is a k’na’ani when they see him working as an eved for an extended period of time instead of going free by shemittah.

            Before we stop to think about the Chizkuni’s answer, let us first take it at face value. The Chizkuni is giving a good answer as to why an eved ivri specifically gets his ear pierced, and why at the point of deciding to stay as a slave as opposed to at the time that he was convicted. As he explains, the primary purpose of him getting his ear pierced is to show the world that even though he is choosing to remain a slave, he is an eved ivri, not an eved k’na’ani. With this explanation, perhaps we could answer for Rashi as well. Perhaps Rashi really agrees with the Chizkuni that the primary reason for the eved ivri getting his ear bored is to show the distinction between him and an eved k’na’ani, but once the distinction had to be made, the Torah chose something that would be an important message to the eved himself as well. In other words, granted the reasons of Rashi alone would not result in the eved’s ear being pierced six years after his conviction, while others who do aveiros and also did not hold true to what their ears heard at Har Sinai do not receive this extra level of “punishment”. However, once the Torah commanded that if the eved ivri would decide to stay longer as an eved that a distinction would have to be made to differentiate him from an eved k’na’ani, the Torah chose something to which the eved could relate.

            Although this Chizkuni perhaps allows us to understand Rashi, it leaves us with a bigger question: Who cares that the general population might come to mistakenly think that this eved ivri is a non-Jewish slave? L’mai nafka minah (what practical difference is there)? Will he be offered a Happy Meal by someone that he will have to turn down? What is the worst that can happen? He knows he is Jewish, his family knows he is Jewish, his master knows he is Jewish, his fellow shul members know he is Jewish, and his community knows he is Jewish. Who is this “general public” that the Torah is so concerned might think he is not a Jew? The local goyim in town? Why should we be worried that the public will see him as a slave and think he is not Jewish? What difference does it make?

            The mishna[6] states, “Beloved is man for he was created in G-d’s image…Beloved are Yisroel for they are described as children of Hashem.” As children, we get the benefit of extra love and care from our Father in Heaven, but as children we also bear the tremendous responsibility of making sure that we do not tarnish Hashem’s reputation – so to speak. We represent Hashem’s Torah and ways. When we act improperly or speak inappropriately we cause the world to look at us and say, “Look how G-d’s ‘chosen nation’ behaves”. However, when we walk around like b’nei Torah we bring kiddush shem shamayim (consecration of G-d’s Name) into the world. All of mankind has the potential to become great and work on becoming closer to Hashem in their own capacity, but we as Jews are extra special because we are called children of Hashem and therefore hold the awesome responsibility of representing Him.

            With this in mind perhaps we could understand the Chizkuni in the following light. We can learn from this Chizkuni that it must be that no matter what we may do or say we must always remember that as Jews and children of avinu malkeinu (our Father, our King) we have the constant obligation to represent Hashem and always demonstrate a kiddush shem shamayim. Although it is clear that the Torah does not prefer an eved ivri to decide he wants to permanently remain in his master’s house, it does allow for it. However the Torah does not allow doing something that will cause the loss of distinction between an eved ivri and eved k’na’ani. If the eved ivri would be able to find himself in a position which would result in people potentially mistaking him for a non-Jew, that would be escaping his constant requirement of being a source of kiddush Hashem, and that he has no permission to do. In order to balance this, a distinction must be made. Once there is the recognition that something permanent has to change about this person who wants to permanently be a slave and risk losing his identity to the world at large as a Jew, the Torah decided to give him a distinction which would carry a message, as Rashi explained. Primarily, though, the need to make sure that the general public will always recognize him as a Jew is because there is always a demand of representing Hashem as His chosen children; and how could one properly represent Hashem if he is thought to be an eved k’na’ani?

            May Hashem help us choose the right paths for ourselves and follow in His ways in order that we all are viewed as B’nei Torah who bring kiddush Hashem into this world. In this zechus Hashem should indeed look down at us like the bonim la’makom that we are and shower us with our needs and desires.



[1] Every 7th year of the Shemittah cycle
[2] Shemos 21:5
[3] Rashi Shemos 21:6
[4] And even if the reason he became a slave was not because he stole but rather because he sold himself out of poverty, it is still appropriate that his ear be punctured because an ear that heard at Har Sinai – “You are slaves unto Me (Hashem)” and yet anyway went to be a slave to someone else; such an ear deserves to be bored
[5] Chizkuni Shemos 21:6
[6] Avos 3:18

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