Allusions in the word “Mishpatim”

“And these are the mishpatim“: It occurred to me that the word “mishpatim” can be interpreted exegetically as “mishpat-yud-med.”

•  “Mishpat-yud refers to the Ten Commandments (Aseres Hadibros), for which we were required to declare, “We will do, and we will hear,” accepting them with faith and without any questions, as explained by the Sfas Emes quoted above.
• “Mishpat-mem refers to the “forty days and forty nights” during which Moshe  Rabbeinu was in Heaven at the Sinai event, learning the entire Torah—during the day the Written Torah, and at night the Oral Torah, including the principles of Torah exposition and  innovation. 
•  Alternatively, “And these are the mishpatim that you shall set before them”—for in every raising of the Torah scroll, we say, “And this is the Torah that Moshe set before the children of Israel at the command of Hashem, by the hand of Moshe.” Perhaps this is the meaning: that you shall set before them mishpat-yud-mem, ‘yud’  alluding to the Torah of Hashem, which is all contained in the Ten Commandments, and ‘mem’ alluding to Moshe, who gave us the Torah of Hashem.
•  Alternatively, mishpatim may be understood as follows: Mishpat—we understand many of them very well, especially those concerning monetary disputes; they are logical, and we apply reasoning to explain them and arrive at rulings in disputes governed by them. However, before all else, there must be pure faith in Hashem. The ‘yud’ represents the Ten Commandments (Aseres Hadibros), which are the general principles. Only after accepting them does one merit the “mem,’ referring to the detailed laws that Moshe Rabbeinu learned during the forty days and forty nights on Mount Sinai. All of this is encapsulated in “that you shall set before them”: Just as the Jewish people accepted the Ten Commandments with perfect faith, so should you explain the mishpatim to them with that same perfect faith. Even though the mishpatim can often be understood rationally, there are nevertheless many laws that fall under the category of chukim (“decrees beyond human understanding”)—such as the exemption for damages caused by vessels in a pit or for concealed items damaged by fire. The Jewish people should know that faith is of primary importance and comes first, while understanding the mishpatim is secondary, for the essence of the Torah lies in the faith embodied in the prefacing of “we will do” to “we will hear.”

“Mishpatim”—The Spiritual Spoils of the sea

At the splitting of the sea, the Jewish people emerged with chariots of silver and gold, witnessing the fulfillment of the promise to the Avos that “afterwards they will leave with great wealth.” From this material, the Mishkan was built, for we had a deep desire to contribute the materials to the Mishkan. It seems that there is an allusion to this in our parashah: “And these are the laws mishpatim”—which can also be read as “mishpat-yam” (“the ordinances / judgements of the sea”). In other words, there is another magnificent treasure that Hashem gave us—the spoils of the sea of Torah. “That you shall set before them”—this refers to the mitzvos, which are eternal. “For they are our life and the length of our days”—this is our heritage. Hashem promised our forefathers that after the Exodus, He would give us a great treasure, and the greatest treasure is the Torah. Thus, “And these are the mishpatim”—”mishpat-yam,” the great wealth from the sea of Torah. The treasures of Torah are many: those that are already revealed to us and those that are yet to be revealed. The innovative interpretations that have not yet been revealed are still hidden; they are like pearls hidden in the sea.

Our Continuous Possession of the Torah is “Measure for Measure”

In my humble opinion, the fact that the Torah in its entirety is called “mishpat” (“justice”), is because it was given within a framework of justice—namely, “measure for measure.” The Egyptians cast our sons into the Nile, but we had a promise from our ancestors, the Avos, beginning with Avraham: “And Hashem blessed Avraham bakol (‘with everything’).” The numerical value of “bakol” (בכל) is equal to “ben” (בן, “son”), teaching us that “everything” is not limited to possessions but also includes our children. We say “bakol, mikol, kol”—each of the forefathers was promised “kol” (everything). Through this, there is a threefold cord: Avraham, then Yitzchak, then Yaakov—the latter being a “tzadik” (“righteous person”) the son of a tzadik the son of a tzadik. This anchors us in eternity, ensuring that offspring engaged in Torah study will never cease from us. This is truly measure for measure: the Egyptians sought to destroy our children, and here we will continue to bring forth, forever, children engaged in Torah study.

The Torah Grants Us Life and the Continuity of Generations

It can further be added that we merited this because at the Giving of the Torah, we declared, “Our children are our guarantors.” Through this, we merited “for they are our life.” The Torah grants us vitality and nurtures new Torah students in every generation, who rebuild the generation. Every time there is a tragedy, Heaven forbid, we rebuild anew, as in “Do not read it as ‘your children’ (‘banayich’) but as ‘your builders’ (‘bonayich’).” We see this also in our times, following the destruction of the Holocaust. The new generations and the resurgence of Torah work to enhance the Torah and glorify it.

We see the many yeshivos and kollelim, the Daf Yomi and global Siyum Hashas movement—the tens of thousands of participants who complete the entire Talmud gathering in one place every seven years. Who could have imagined this after the war? “Blessed are You, Hashem, who chooses His people Israel with love.”

And all of this comes from His blessed love for the Jewish people in giving us the Torah.  Every mitzvah brings us life, and this is the great wealth, this is our heritage.

The laws of the Hebrew Servant as a Metaphor for Accepting the Torah and Divine Service

In our parashah, it is written: “When you acquire a Hebrew slave, he shall serve for six years” (Shemos 21:2).

Those who delve into hidden meanings have examined why the very first mitzvah after the Giving of the Torah is “When you acquire a Hebrew slave, he shall serve for six years…” (see Chiddushei Harim on our parashah). I would like to offer my own insight:

The “six years” mentioned in the verse corresponds to the fulfillment of the condition tied to the sixth day of Creation, where Hashem stipulated that if the Jewish people would accept the Torah on the sixth of Sivan, the world would endure, and if not, it would return to chaos. Hashem thanks the Jewish people for fulfilling this condition by prefacing “we will do” to “we will hear,” and therefore commands us, “He shall serve for six years“—that every Hebrew slave, whether one who sold himself or one sold by the court, works only six years, corresponding to “the sixth day” of Creation mentioned in the account of Creation.  Then immediately after, “the seventh day is Shabbos”—he is free.

Hashem is saying to the Jewish people: “You who fulfilled the condition of the sixth day now deserve to rest on the seventh day. And that includes even the Hebrew slave among you.  The very fact that you have reached “And these are the mishpatim” means that you have passed the test of accepting the Torah, and I want to give you praise and thanks for saying “we will do and we will hear” and accepting My Torah.”

One who Observes Shabbos Properly is Forgiven for all his Sins

Hashem adds: “‘And these are the mishpatim that you shall set before them’: When you acquire a Hebrew slave, he shall serve for six years, and in the seventh, he shall go free, without payment” (Shemos 21:1–2).”  This corresponds to the verses: ‘There was evening and there was morning, the sixth day. And the heavens and the earth were completed… and He rested on the seventh day’ (Bereishis 1:31–2:2). ‘And in the seventh, he shall go free, without payment’—the term ‘without payment’ implies a state free of worries. On the seventh day, you are granted a day of freedom from all sins. As the Sages teach: “Whoever is careful not to desecrate Shabbos—even if he worshipped idols like the generation of Enosh, he is forgiven.”

If you stole something and were sold as a slave, after six years of servitude as payment and atonement (see what we wrote about this below), “in the seventh he shall go free” having repaid his debt and atoned for his sin. Similarly, if you committed transgression, Heaven forbid, on Shabbos you may rest assured and not worry about it. This is the secret of why the Torah was given on Shabbos: because there is no free person except one who engages in Torah study, as per the secret of ” in the seventh…free, without payment.” 

The Jewish people were Accustomed to Sleeping on Shabbos and therefore needed to be Awakened

I saw in Pirkei D’Rabbi Eliezer (Chapter 41) that they slept for two hours on the day of the Giving of the Torah and needed to be awakened. This is puzzling, for they desired to receive the Torah—so how is it that they slept? We must therefore say that they had become accustomed to sleeping on Shabbos from when they first received the mitzvah of keeping Shabbos in Marah. They were in such a state of tranquility on the holy day of Shabbos that they simply fell asleep without any worries.

“On the seventh, he shall go free, without payment.” On Shabbos, Hashem releases us from bondage and restores, through Moshe Rabbeinu, the crowns of “naaseh venishma” (“we will do, and we will hear”) to the Jewish people, and this is the deep restfulness of Shabbos. In the spirit of this idea, we can understand why the Torah delayed recounting the story of the Golden Calf until after the portions of Mishpatim, Terumah, Tetzaveh, and the first half of Ki Sisa—to avoid disturbing the joy of the wedding. “‘On the day of His wedding’—this refers to the Giving of the Torah.” The aforementioned three and a half portions all reflect the essence of Shabbos, in the spirit of “he shall go free without payment”—without concern over the sins in our hands.

Explanation of the Special Connection between Widows and Orphans and Hashem

“You shall not oppress any widow or orphan … if he cries out to Me, I will surely hear his cry” (Shemos 22:21-22).

This can be explained as follows: We know that when widows and orphans suffer under the hands of others, Hashem promises that if they cry out to Him, He will surely hear their cries and pleas.

If we think about it, we can see that how just this is and how it reflects the principle of “measure for measure.” For Hashem, in His attribute of judgment, took the family’s father, creating a void in the lives of the widow and orphans. They suffer from loneliness, having no one to share their sorrow or their joys with.

Measure for Measure

As a result, “their tears are near,” and Hashem takes it upon Himself to fill this void, becoming “a father to orphans and a judge for widows.” Widows and orphans thus have a special connection with Hashem. They sense this and always turn to Him, for He shows compassion toward them due to their state of loss, mourning, and loneliness. This is why we are warned to treat them properly. And although this is a negative commandment (“lo saseh”), it obligates us to act toward them with kindness and compassion in an active manner, as is well known.

Expressions of the Rishonim regarding extreme Caution with Widows and Orphans

Sefer Hachinuch (Mitzvah 65) expresses it thus: “To refrain from being harsh in deed or even in speech with orphans and widows, as it says, (Shemos 22:21): ‘You shall not oppress any widow or orphan.’ Rather, all of one’s dealings with them must be conducted with gentleness, kindness, and compassion.” This is the language of the Sefer Hachinuch there at the beginning of the mitzvah. See there what else he wrote on the matter.

Rambam in Yad Hachazakah (Hilchos De’os 6:10) expresses it thus: “A person must be cautious with orphans and widows because their souls are very humble and their spirits are low, even if they are wealthy. Even the widow and orphans of a king are included in this warning, as it is stated, ‘You shall not oppress any widow or orphan.’ How should one behave with them? He should speak to them gently and treat them with honor… and he should be more careful with their money than with his own money. He should not treat them as he would treat others; rather, he should treat them with distinction and guide them with gentleness, great mercy, and honor.”

Torah Leaders who Fulfilled this in an Outstanding Manner

To illustrate this, I recalled that my aunt, who is a widow, revealed to us that every Friday she would receive a phone call from an extraordinary Torah scholar, the esteemed Rabbi Binyamin Kamenetsky, zatzal. She always wondered, “Who am I? I don’t understand why I deserve this attention—that he calls me every week before Shabbos.”

He didn’t just call to say, “Good Shabbos. “He also asked how her week was and addressed her by her first name, as if she were a close relative. He showed her the utmost care and respect, never failing to call every Friday. He provided her with such honor and comfort as if she were family.

I also heard from his student, my dear friend Rabbi Yochanan Bechhofer, shlita, that the rav, Rabbi Kamenetsky, once showed him his mobile phone, which had an entire file titled “Widows.” The file contained the names and phone numbers of dozens of widows the rav would call every Erev Shabbos, and to each one, he extended the same warm attention, care, and interest in every detail of their situation that he did for my aunt.

Divine Promise that whoever does this will be Blessed from the Source of all Blessing

It seems to me that one who acts in this way is truly performing the work of Hashem. When I read this verse, I felt that it could be understood beyond the obligation to strive to be kind to widows and orphans—as highlighting the unique connection widows and orphans have with  Hashem, who listens to them with great attention and also increases the merit of those who treat them with affection. This is because widows and orphans pray for and have gratitude toward those who help them, and Hashem repays them with goodness.

I later found a similar idea in the Daas Zekeinim that emphasizes the great reward given to those who show kindness and consideration to these unfortunate individuals. Commenting on the verses, “If you lend money to My people… If you take your neighbor’s garment… and it shall come to pass that he cries out to Me, I will hear because I am gracious” (Shemos 22:26), the Da’as Zekeinim  Mibaalei Hatosafos says as follows:

Therefore, it seems correct to interpret this as referring  back to the earlier words, “until the sun sets….” Hashem is saying: “If you act accordingly, ‘and it shall come to pass that he cries out to Me’—that is, he will pray for you for all the good you have done for him, and ‘I will hear’ his prayer, ‘because I am gracious.’ Just as you have been gracious and merciful to My creations—for although the creditor acquires the security deposit, you nevertheless showed mercy—I, who am called gracious, will be merciful and gracious toward you and bless you.”  Similarly, it is written, “Because of this matter, the L-rd your G-d will bless you.”

And if one were to argue that there is a distinction between lending money and caring for a widow, for with regard to lending it is written, “because I am gracious,” whereas with regard to widows and orphans it is written about the cruel person, “My anger shall burn,” there is nevertheless still a striking similarity in the language of the two: Concerning widows and orphans, it says, “If they cry out to Me,”  and concerning a security deposit, it says, “And it shall come to pass that he cries out to Me.” The same expression of “crying out” is used in both cases, describing deep and emotional prayers. This makes sense, as those who have experienced loss or poverty tend to pray in the form of an outcry, which is powerful and reaches the highest Heavens, as we saw with the Jewish people crying out from the labor in Egypt: “Behold, the cry of the Children of Israel has come to Me” (Shemos 3:9).

Parashas Shekalim

The modesty in the half-shekel protects Klal Yisrael 

On the Shabbos preceding Rosh Chodesh Adar, we read “Parashas Shekalim,” which is the commandment at the beginning of Parashas Ki Sisa to give the half-shekel. During the time when the Beis HaMikdash stood, “on the first of Adar, they would announce about the shekels” (beginning of Meseches Shekalim) so that all of Klal Yisrael would remember and prepare their shekels by Rosh Chodesh Nissan. Now, in our current state of exile, when we no longer have the Beis HaMikdash and the altar for atonement, we still make the announcement “in remembrance of the Beis HaMikdash” on the Shabbos closest to Rosh Chodesh Adar. However, it requires clarification: if we do not give the half-shekel in our times, why announce it so early before “the time of giving,” often even before “the first of Adar”?

It seems to me that there is a deep connection between the concept of the half-shekel and the miracle of Purim that occurred in the month of Adar, and even to the very essence of the “mazel” (energy) of the month of Adar.

Let us first address a significant aspect of the half-shekel, about which the Torah testifies, “so that there will be no plague among them when you count them.” Even when the people of Yisrael are being counted—a situation where there is great concern for the evil eye and all the accusations from the prosecuting angels that may arise—the Torah testifies that the half-shekel protects against the plague because it acts as a barrier, concealing, and thereby shielding Yisrael from the evil eye and all external forces.

The hidden power at work in the miracle of Purim

It is known that the miracle of Purim was a hidden miracle. It is written in the sefer Ohr Chadash by the Maharal of Prague that a hidden miracle is greater than a revealed miracle, and therefore it is not perceived by sight. We merited a hidden miracle due to Esther’s modesty and hiddenness in all her actions. Based on this, it seems to me that the entire merit of being saved from Haman’s decree involved modesty and concealment, which counteracts the brazenness and public desecration of G-d’s name that Amalek always perpetuates.

The half-shekel saves from the ten thousand talents of silver of Haman

Our Sages state (Meseches Megillah 16a) that when Haman offered ten thousand talents of silver to Achashverosh to annihilate the Jewish people, the Holy One, blessed be He, said, “Their shekels have already preceded your shekels.” Haman did not conceal his wealth; he boasted about it and his riches in general. When he sought to give the ten thousand talents of silver, he took pride in that money and publicized it, to the extent that it became well-known, as it is written: “And Mordechai told him all that had happened to him, and the details of the money that Haman had promised to weigh into the king’s treasuries for the destruction of the Jews” (Esther 4:7).

The Ibn Ezra explains, “details—from the decree to explain to them—means that Haman clarified the matter of the money to the officials.” In complete contrast, the half-shekel is the opposite: the wealthy cannot increase it or boast about it; it is an anonymous donation that specifically conceals the identity of the giver, thereby protecting against the evil eye and all harm.

Modesty is the strength of Yisrael to prevail 

The modesty of Klal Yisrael in all their actions is the secret of their eternity. Mordechai saved the life of Achashverosh, and although “Esther told the king in the name of Mordechai” (Esther 2:22), nevertheless, Mordechai, Esther, and all of Klal Yisrael did not boast about this deed but remained silent about it so that it would be forgotten and the information “would be stored in the book of records.”

And this is what stood for us!

The deed was remembered precisely “on that night…” when we needed it to save us. Let us imagine what would have happened if Mordechai had taken credit for saving Achashverosh, received a reward for his actions, and Achashverosh owed him nothing.

There would have been no humiliation for Haman in “take the [royal] robes and the horse and do so for Mordechai the Jew,” which was the beginning of his downfall. The truth is that the modesty of Yisrael in all their matters, even in their commandments, stands as a shield and protection against the haughtiness of Amalek, and this is proven from the continuation of that event.

The command of “take the [royal] robes and the horse…” occurred on the 16th of Nissan, a time when, during the Temple period, they would bring the Omer offering. The Omer offering, which came from barley—considered inferior even to wheat—was a very modest gift to Hashem, blessed be He, for creating and guiding the world, as stated in the Midrash in Parashas Emor. And even from the Omer offering, Hashem only receives a handful from the Omer, as with all meal offerings.

When Haman came to parade Mordechai through the city streets, Mordechai was studying the laws of the handful of the Omer with the sages, in remembrance of the Beis HaMikdash.

The Gemara states: “Haman said to them (to Mordechai and the sages), ‘What are you occupied with?’ They said to him, ‘When the Beis HaMikash stood, whoever pledged a meal offering would bring a handful of fine flour, and it would atone for him.’ He said to them, ‘Your handful of flour came and pushed aside my ten thousand talents of silver’” (Megillah 16a).

Even Haman recognized that the power of Klal Yisrael’s modesty in the Omer commandment overcame the wealth he publicly boasted about.

The haughtiness of Amalek is the very cause of its downfall

Haman’s public pride and brazenness led to his ultimate downfall, as it is written: “And Charvonah, one of the eunuchs, said before the king, ‘Behold, the gallows that Haman made for Mordechai, who spoke good on behalf of the king, is standing at Haman’s house, fifty cubits high.’ And the king said, ‘Hang him on it’” (Esther 7:9).

The Malbim explains: “Standing at Haman’s house, high, etc.—the gallows is still standing, fifty cubits high, to be seen by all, and this is a great disgrace to the king. At the time when Mordechai wore royal garments and they proclaimed before him that the king desired his honor, nevertheless, the gallows prepared to hang him was standing openly for all to see, as if to say that the man whom the king desired to honor was ready to be hanged. There is no greater rebellion than this, and based on this, the king rightfully judged and sentenced Haman to be hanged. So may all the enemies of the L-rd perish.”

Yosef HaTzadik and the power of the month of Adar

Behold, the head of the tribes, Yosef HaTzadik, was protected and shielded from the evil eye, and anyone who fears the evil eye should say, “I am from the seed of Yosef, upon whom the evil eye has no dominion” (Gemara Brachos 20a).

Therefore, he is likened to fish, upon which the evil eye has no dominion, as it is written: “And they shall multiply like fish abundantly in the midst of the land.” All this is because they are hidden from sight under the water, and this provides a reason for the praise that we overcame Haman in particular, and Amalek in general, in the month of Adar, which is the sign of Pisces (fish), corresponding to Yosef, as is written in the holy sefer Kedushas Levi, just as Yosef splits into the two tribes of Menasheh and Ephraim, so too the month of Adar splits into Adar I and Adar II. Everything revolves around the same point: to be modest, hidden from sight, and humble, which counteracts the brazenness and public desecration of G-d by Amalek.

Maharal Tznitz