CHAMISHOH MI YODEI'A - FIVE QUESTIONS ON THE WEEKLY SEDRAH - PARSHAS MISHPOTIM 5770 - BS"D
1) Ch. 21, v. 1: "V'eileh hamishpotim" - Rashi says (Mechilta) that the laws of money matters were juxtaposed to the Ten Commandments, to teach us that just as the Ten Commandments were given at Har Sinai, so were the laws of money matters given at Har Sinai. Since all of the Torah was given at Har Sinai, why in relation to money matters specifically was this pointed out?
2) Ch. 21, v. 2: "U'vashviis yeitzei lachofshi chinom" - The Yerushalmi Rosh Hashonoh 3:5 says that this law of releasing slaves was already told to the bnei Yisroel in Egypt. This is indicated in the words (6:13) "va'y'tza'veim el bnei Yisroel." Why was this told to them at that time? It was totally irrelevant since they themselves were slaves and not masters over slaves.
3) Ch. 21, v. 26: "V'chi ya'keh ish es ein avdo …… v'shichasoh lachofshi y'shalchenu" - And if a man will hit the eye of his servant …… and he will destroy it he should send him free - Does this law apply if the servant was truly responsible for being hit, bringing it upon himself?
4) Ch. 21, v. 26,27: "Ein avdo, shein avdo" - There are actually 24 organs of a slave, which if destroyed, bring the slave freedom. Why then are these two specific examples given?
5) Ch. 23, v. 5: "Chamor sona'acho" - The gemara P'sochim 113b refers to the gemara B.M. 32b which tells us that if you are faced with the situation of having two people who need your help, one, a friend with a donkey to unload, and one, an enemy with a donkey to load, although normally unloading comes first since it alleviates the pain of a living creature, in this case you should first help your enemy load. The reason is, that since the one needing help with loading is your enemy, the advantage of having you help an enemy and go against your nature, takes precedence over alleviating an animal's pain earlier. The gemara asks, "How does one have an enemy? Isn't it forbidden to hate your fellow Yid?" The gemara answers that if a Jew flagrantly transgresses the mitzvos of the Torah, one should hate him, as stated in T'hilim 139:21.
Since the hatred that is felt towards the transgressor is not genuine, but rather an attitude towards him, so as to fulfill the dictate of T'hilim 139:21, how does one fight his negative nature of hating a fellow Jew since there is actually no true hatred in his heart?
ANSWERS:
#1
There is a greater danger for one to think that the laws pertaining to money matters were made up by Moshe, since common sense dictates the vast majority of these laws, and they are needed for the smooth functioning of society (Trumas Hadeshen). However, the Torah tells us that these laws were also given at Mt. Sinai by Hashem, and there is depth in these laws beyond our comprehension. Even though non-Jews also legislate logical laws regarding money matters, the Torah's laws are elevated above and beyond man-made laws, as it says in T'hillim 147:20, "Lo ossoh chein l'chol goy u'mishpotim bal y'do'um."
#2
In order for the bnei Yisroel to merit being released from bondage, they had to demonstrate their commitment to treat their own slaves properly, when they would be in the position of masters. Although this had no practical relevance at the time, their studying these laws and COMMITTING themselves to fulfill them properly brought them this merit. (Maharil Diskin)
#3
The Rashb"o raises this question. The GR"A says that the answer to this question can be extrapolated from the gemara Brochos 5a. The gemara says that pain cleanses a persons sins. If the destruction of just one organ of a slave, a tooth or an eye, is sufficient to have a slave set free, surely pain, which wracks the whole body frees one from his sins. It is obvious that Hashem sends pain to a person as a response to his sinning, thus the person is the cause of his pain. Nevertheless, we say that pain should surely cleanse one's sins if a tooth or an eye brings freedom. If we say that this is only so when the slave is not at fault the reasoning is faulty, because a slave does not go free when he is at fault, so pain brought on as a result of a persons sinning should also not cleanse.
This is the intention of the verse in Iyov 31:13,14, "Im emas mishpat avdi vaamosi, U'moh e'eseh ki yokum Keil," - If I will despise the law of my slave and maidservant, And what will I do when Hashem will stand up in judgment. If I limit the ruling of releasing a slave to apply only when he is not at fault, then what will I do when I am judged, since the pains I have experienced will not reduce my sins, as I was at fault for their coming upon me in the first place.
#4
The M.R. Breishis 36:8 quotes Rabbi Yaakov bar Zavdi who says that the institution of slavery in the world, the curse given by Noach to Canaan, came about through the eye and the mouth, "Va'yar Chom ...... va'ya'geid" (Breishis 9:22).
#5
Tosfos d.h. "she'ro'oh" asks this question. At least this is how I was taught this Tosfos's question by MVRHRH"G R' Yaakov Kamenecki ztvkllh"h. (Some people explain Tosfos's question as follows: Why should one fight his negative nature in this case, since it is a mitzvoh to hate a transgressor?) Tosfos answers that once you act with hatred towards another, even if put on, he will in turn act towards you with TRUE hatred, as per the dictum of Mishlei 27:19, "Kamayim haponim laponim kein leiv ho'odom lo'odom." In turn, you will TRULY hate him, and it is this hatred that you will work on by helping him load his animal.
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