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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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