Parashat haShavua

by Dov Lerea, founding Dean of Judaic Studies Director, KIVUNIM: New Directions, Jerusalem,

Shabbat 24 Shevat 5771/January 29, 2011 “The Family that Studies Together, Grows Together” * : 21:1-24:18 Place this handout on the table, Holiday Candle lighting: 4:40 pm, Jerusalem, Israel table, or dinner table for your edification and pleasure Saturday night: 5:45 pm

כד אִ ם־כֶּסֶ ף ׀ תַּ לְוֶה אֶ ת־עַמִּ י אֶ ת־הֶעָנִי עִמָּ  א־תִהְ יֶה

לוֹ כְּ נֹשֶׁ ה א־תְ שִֹ ימוּן עָלָיו נֶשֶׁ  :

English: If and when you lend money to a member of My people, that is to say, to a poor person, do not take undue advantage of that person as if you were their master by extorting interest from him.

Introduction: This parasha continues the revelation of our people at Mt. Sinai. In fact, we can read this portion as continuous with it, since at the conclusion of the reading in chapter 24 there is a covenant ceremony led by Moses, Aaron and the elders/leaders of the people. This ceremony ratifies the leadership structure of the new, covenantal nation. Moses and Aaron represent the balanced vision of prophet and priest, and the elders form the administrative body to adjudicate law. The difference between this portion and last week’s, perhaps, is the form. Parashat introduces the revelation at Mt. Sinai as an epiphonal moment, whereas parashat mishpatim transforms the mystical experience of encountering God through raging fire, smoke and sound, into an organized set of case laws. This creates a paradigm for interpreting and applying God’s language into language useful for establishing and maintaining a vision-driven society. The litmus test of any society, furthermore, is how that society treats the “other,” those who are dependent or dis-enfranchised or different. This portion is filled with such cases, one of the boldest of which is the selection above. Money always positions one person over another in a relationship defined by power and advantage. Once money is given, the relationship is no longer equal. In such a circumstance, the Torah admonishes us to take extra precautions in loaning money to the poor. Once the money is taken, the lender has an immediate advantage over the borrower—especially is the borrower is poor. It becomes so easy to take advantage of that person. The context of this verse,

1 finally, is one in which Israelite lends to fellow-Israelite. Once we develop a sensitivity and feeling of responsibility to the members of our own family, the Torah presumes that we will be able to generalize such a commitment outwards towards anyone else in need. We see the power of such a psychological insight in our own day. How often do we encounter Jews who are seemingly tolerant of others, but are judgmental of other members of the Jewish community? Here the Torah teaches us that one can cultivate a deep appreciate of all human beings only if one’s sensitivities, compassions and love are cultivated within our own community between each other.

Comments by on the selected verse:

( )כד את עמי . עמי ונכרי , עמי קודם . עני ועשיר , עני קודם . עניי עירך ועניי עיר אחרת , עניי עירך קודמין ( בבא מציעא עא ). . ).

The Torah says, “lend to a member of My people.” The Torah is suggesting a sequence for setting priorities: one can lend either to another Israelite or to a non-Israelite, the Israelite comes first. A poor person or a wealthy person, the poor comes first. The poor of your own city or of another city, the poor of your own come first…..

Maimonides, Gifts to the Poor, chapter 7: 13

יג עני שהוא קרובו קודם לכל אדם , עניי ביתו קודמין לעניי עירו , עניי עירו קודמין לעניי עיר אחרת שנאמר לאחיך לענייך ולאביונך בארצך . A poor person who is a relative comes before anyone else. The poor of one’s household (servants, etc.) come before the poor of one’s city. The poor of one’s city precede the poor of another city. This is based on the verse: “Give to your poor, your indigent in your land.”

Questions for thinking:

1. Do you agree with the scheme of prioritization established by Rashi and based on this verse in the Torah? 2. Can you see the perspective which maintains that one should care for one’s own first? This might not be politically correct, but is there a humanizing aspect to this value? 3. What if your child lived in another city—should you still privilege the poor of your own neighborhood, according to these commentaries? What do you think Maimonides would say to that scenario? 4. Maimonides teaches us also that Jews are obligated to support non-Jewish poor as much as Jewish poor, “for the sake of the ways of peace.” How do you

2 understand that phrase, “for the sake of the ways of peace?” Is this a positive statement in your reading?

Mitzvoth in the Parashah According to the Sefer haHinuch,* there are 16 positive commandments (and 8 negative commandments) in parashat mishpatim. The positive commandments include: (i) The mitzvah of the indentured servant (ii) The mitzvah of marrying the woman indentured servant (iii) The mitzvah of redeeming the woman indentured servant (iv) The mitzvah of the court executing through strangulation (v) The mitzvah of the courts imposing fines (vi) The mitzvah of the courts executing by beheading (vii) The mitzvah of the court hearing cases of bodily damages caused by an animal (viii) The mitzvah of the court hearing cases of damages caused through negligence in the public way (ix) The mitzvah of the court hearing cases of theft (x) The mitzvah of the court hearing cases of arson (xi) The mitzvah of the court hearing cases of property damage done by animals (xii) The mitzvah of the guardian (xiii) The mitzvah of the court hearing civil claims (xiv) The mitzvah of paid guardian (xv) The mitzvah of the court hearing cases of the sexual seduction of a minor (xvi) The mitzvah of the court hearing cases of negligence of a borrower

Hebrew : "Book of Education") is a work which systematically discusses the of ספר החינוך ) Sefer ha-Chinuch * the Torah . It was published anonymously in 13th Century . The work enumerates the commandments (Hebrew : Mitzvot ; sing. mitzvah ) according to their appearance in the Weekly Torah portion . Some scholars ascribe the authorship of Sefer ha-Chinuch to Rabbi Aharon HaLevi of Barcelona (1235-c. 1290), a Talmudic scholar and halakhist but others disagree, as the views of the Chinuch contradict opinions held by HaLevi in other works. This has led to the conclusion that the true author to Sefer HaChinuch was a different Reb Aharon Halevi, a student of the Rashba, rather than his colleague.

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