EPISODE · Feb 11, 2021 · 48 MIN
Parsha Panorama - Mishpatim: Why are there 2 Versions of the Kabbalas HaTorah Story? 🌋
from The DataBeis with Rabbi Yehoshua Eisenberg · host Yehoshua Eisenberg
A panoramic view of Parshas Mishpatim with a focus on 2 major questions: 1. What are the Mishpatim? Are they just a Miscellaneous Mitzvah Mishkabobble? Is there any structure to them? 2. Why is there a second version of the Kabbalas HaTorah Story at the end of Mishpatim? Why is it separate from Yisro? My notes on the structure to the Mishpatim: 1. Laws of Hebrew Servants (21:1-11) 2. Domestic Crimes/Manslaughter (21:12-28) ● Striking Fellow Man/Parents ● Kidnapping ● Cursing Parents ● Brawl "3rd Degree" ● Manslaughter of Servant "3rd Degree" ● Brawl/Miscarriage "2nd Degree" ● Maiming Servant ● "Ox-Murderer" 3. Monetary Obligations (21:29-22:16) ● Damages (Nezikin; Bor, Shor/Keren) ● Theft (Tavach U'Machar, Ba BaMachteres) ● Damages Cont'd (Regel/Shein, Eish) ● Custody/Security (Shomrim) ● Seduction ■ Why are the cases of theft inserted in between the 4 Avos Nezikin? _A Suggestion: The first 2 Nezikin occur anywhere, the 2nd 2 are, like theft, regard the property/domain of the owner. 4. "Rejects" of Society (22:17-23) (Individuals requiring "Special Action"/"Attention" - Abominable Manipulators vs. Vulnerable) ● Witch, Bestiality-Perpetrator, Idolater ● Stranger, Widow, Orphan ■ What is the nature of this series? _Balance/Contrast between brazen action against perpetrators of abominable acts and careful regard for the downtrodden. _R' Asael Kent: Hashem's greatness and humility (Megillah 31A). ----- ----- ----- ----- ----- PART B - Parshas Kesef - "Im Kesef Talveh..." - (ETHICAL LAW) [Sefer HaChinuch/Avudraham, Minhag Provence] 5. Laws of Loans (22:24-26) ● Ribbis/Neshech ● Mashkon (collateral) ■ What makes this section different from section 3? _NOT financial obligations, but spiritual/ethical code related to finances, FOR the CREDITOR; e.g. Ribbis = Yoreh Dei'ah as opposed to Choshen Mishpat 6. Positions of Higher Respect (22:27-30) ● Judge/Prince ● Kohein; Terumah/Bechor ● Treifah (?) ■ What is the prohibition against eating Treif doing here? _This prohibition accentuates the stature of the "typical" Ben Yisrael; "Anshei Kodesh" 7. Ethical "Judgment Calls"/Laws of the Court & Social Ethics (23:1-9) ● Integrity in Judgment (e.g. majority, "win by 2" rule, etc.) ● Restoration of Lost Objects (to enemy) ● Loading Animal (of enemy) ● Corruption in Judgment (e.g. bribery) ■ Why are these a single set? They should be 2 sets, 1. Judgment, 2. Social Ettiquette. Why are the laws of integrity in court interrupted by the law of enemy's animal? Both are really about making appropriate and ethical judgment calls against apparent biases. 8. "Sabbatical" Laws & Divine Statutes (23:10-19) ● Shabbos/Shmitah ● Mentioning of other gods ● Pilgrimage ● Bikurim/Basar B'Chalav
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Parsha Panorama - Mishpatim: Why are there 2 Versions of the Kabbalas HaTorah Story? 🌋
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