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An Entree to the World of Torah
Parshat Mishpatim begins:
שמות כא:א – וְאֵ֙לֶּה֙ הַמִּשְׁפָּטִ֔ים אֲשֶׁ֥ר תָּשִׂ֖ים לִפְנֵיהֶֽם
Shemot 21:1 And these are the ordinances that you shall set before them.
Parshat Mishpatim lists a series of interpersonal monetary laws. In reading the narrative of the Torah, it is an abrupt transition following the revelation of the decalogue on Mount Sinai. Rashi explains that it is actually a continuation:
רש"י שמות כא:א – ואלה המשפטים – כל מקום שנאמר: אלה, פסל את הראשונים, ואלה, מוסף על הראשונים. מה הראשונים מסיני, אף אילו מסיני.
Rashi Shemot 21:1 – And these are the ordinances: Wherever it says, “these” [in the Torah,] it [(this word) is used to] separate from what has been stated previously. [Where it says,] “And these,” [it means that] it is adding to what has been previously stated (Tanchuma Mishpatim 3). [Thus] just as what has been previously stated [namely the Ten Commandments,] were from Sinai, these too were from Sinai.
שפתי חכמים שמות כא:א
אבל עתה שכתוב ואלה לאו מיעוט הוא אלא מוסיף וכו' שניתנו במעמד כל ישראל ובקולות וברקים כמו שנתנו עשרת הדברות לאפוקי שאר מצות ניתנו למשה לבדו בהר סיני באותן מ' יום שהיה בהר
Siftei Chakhamim Shemot 21:1
But now that the Torah wrote ואלה , it means "a continuation of that which preceded it," saying that the judgements, too, were given in the assembly of all B'nei Yisrael, with thunder and lightning, like the Ten Commandments that preceded them. Whereas the other mitzvos were given to Moshe alone, during his forty days on the mountain.
Rashi, as interpreted by the Siftei Chachamim, explains that the laws delineated in Parshat Mishpatim are indeed unique. They were given preference along with the decalogue of being taught while the Jewish people stood at Mount Sinai. What distinguishes these laws that at first glance seem somewhat mundane compared to the dramatic and prototypical laws of the decalogue?
תלמוד בבלי – בבא בתרא קעה:
ואמר רבי ישמעאל הרוצה שיחכים יעסוק בדיני ממונות שאין לך מקצוע בתורה יותר מהן והן כמעיין הנובע.
Talmud Bavli – Bava Batra 175b
And Rabbi Yishmael thereupon said: One who wants to become wise should engage in the study of monetary law, as there is no greater discipline in the Torah, and it is like a flowing spring.
What makes the study of monetary law unique? Why should it receive preferential attention compared to the laws of Shabbat, or Berachot, among other areas of Torah? Why are they comparable to a flowing spring? The Rav recalls that Eastern European synagogues often had a Chevra Shas, a group that would get together regularly to study Talmud. They would celebrate annually on the Shabbat of Parshat Mishpatim. He elaborates on the idea behind this custom, quoting our Mishna above, stating that “in the tractates of Nezikin (monetary law) one can sharpen one’s mind and develop precision and depth in its comprehension” (Rakeffet-Rothkoff, 1999). He continues:
Rabbi Joseph B. Soloveitchik - “The Study of Nezikin”
Apparently, Nezikin is permeated with a certain spirit and strength which inspires the student of Torah. It helps him to develop not only his intuition but his intellect. There is a special capacity that the Almighty implanted in the laws and concepts of Nezikin. It is inspiring on all levels, both the emotional and the intellectual. From all viewpoints Nezikin is ht most fundamental of the six divisions of the Mishnah and Talmud. (p.198)
The laws of damages regulate interpersonal affairs. Indeed at first glance they may seem mundane compared to the institutions of Shabbat or blessings. But there are some features of these laws that offer an entrée into the world of Torah.
There is an aspect of the laws of Nezikin –damages, that make them more accessible than other areas of Torah. We can all relate to the tension and conflict inherent in our interpersonal interactions. One party leaves an object in the public space inadvertently. What if someone is injured by this object? This subject is discussed in the third chapter of Bava Kamma. Do I have an obligation to return it to its owner? This subject is discussed in the second chapter of Bava Metzia. There is a reason we often introduce students to the study of Talmud through these subjects. Even a young student has an intuition of right and wrong in these cases. And through studying these subjects they will notice that sometimes their intuition corresponds with the Torah’s approach and sometimes it does not. The Torah requires that we consider these events dispassionately, in a more objective light. We must articulate principles that are universal and apply across many situations, and apply only consistent exceptions to these rules. Through continued study a shift takes place. The student encounters interpersonal events and is curious about the Torah’s viewpoint. Eventually, one’s very perspective may evolve and be influenced by the Torah’s precise halakhic thinking. In summary, the monetary laws of Nezikin are accessible, they ennoble and refine our perspective, and they advance and sharpen our capability for intellectual analysis.
The laws of Nezikin are a “flowing spring” for they offer a nearly unlimited opportunity for available subjects to serve as a springboard to advanced thinking. Thus primacy has been given to the laws of damages since the giving of the Torah on Mount Sinai. As Rashi indicates, while the decalogue teaches us the prototypical categories of the Torah system, it is the laws of Nezikin that offers us the opportunity to absorb and assimilate the Torah’s unique perspective.
References
Davis, A. (2009). The Metsudah Siffsei Chachamim Chumash. Metsudah Publications. Retrieved from: https://rashi.alhatorah.org/Full/Shemot/21.1#e0nf
Rakeffet-Rothkoff, A., & Epstein, J. (1999). The Rav: The world of Rabbi Joseph B. Soloveitchik. Hoboken, NJ: KTAV.
Rosenberg, A. (1980). A new English translation of the Hebrew Bible text and Rashi, with a commentary digest. New York: Judaica Press. Retrieved from: https://www.chabad.org/library/bible_cdo/
Translation of the Talmud from The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0), digitized by Sefaria. Retrieved from: https://shas.alhatorah.org/Full/Bava_Batra/175b.4#e0n6
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit bentorah.substack.com
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By Ben TorahParshat Mishpatim begins:
שמות כא:א – וְאֵ֙לֶּה֙ הַמִּשְׁפָּטִ֔ים אֲשֶׁ֥ר תָּשִׂ֖ים לִפְנֵיהֶֽם
Shemot 21:1 And these are the ordinances that you shall set before them.
Parshat Mishpatim lists a series of interpersonal monetary laws. In reading the narrative of the Torah, it is an abrupt transition following the revelation of the decalogue on Mount Sinai. Rashi explains that it is actually a continuation:
רש"י שמות כא:א – ואלה המשפטים – כל מקום שנאמר: אלה, פסל את הראשונים, ואלה, מוסף על הראשונים. מה הראשונים מסיני, אף אילו מסיני.
Rashi Shemot 21:1 – And these are the ordinances: Wherever it says, “these” [in the Torah,] it [(this word) is used to] separate from what has been stated previously. [Where it says,] “And these,” [it means that] it is adding to what has been previously stated (Tanchuma Mishpatim 3). [Thus] just as what has been previously stated [namely the Ten Commandments,] were from Sinai, these too were from Sinai.
שפתי חכמים שמות כא:א
אבל עתה שכתוב ואלה לאו מיעוט הוא אלא מוסיף וכו' שניתנו במעמד כל ישראל ובקולות וברקים כמו שנתנו עשרת הדברות לאפוקי שאר מצות ניתנו למשה לבדו בהר סיני באותן מ' יום שהיה בהר
Siftei Chakhamim Shemot 21:1
But now that the Torah wrote ואלה , it means "a continuation of that which preceded it," saying that the judgements, too, were given in the assembly of all B'nei Yisrael, with thunder and lightning, like the Ten Commandments that preceded them. Whereas the other mitzvos were given to Moshe alone, during his forty days on the mountain.
Rashi, as interpreted by the Siftei Chachamim, explains that the laws delineated in Parshat Mishpatim are indeed unique. They were given preference along with the decalogue of being taught while the Jewish people stood at Mount Sinai. What distinguishes these laws that at first glance seem somewhat mundane compared to the dramatic and prototypical laws of the decalogue?
תלמוד בבלי – בבא בתרא קעה:
ואמר רבי ישמעאל הרוצה שיחכים יעסוק בדיני ממונות שאין לך מקצוע בתורה יותר מהן והן כמעיין הנובע.
Talmud Bavli – Bava Batra 175b
And Rabbi Yishmael thereupon said: One who wants to become wise should engage in the study of monetary law, as there is no greater discipline in the Torah, and it is like a flowing spring.
What makes the study of monetary law unique? Why should it receive preferential attention compared to the laws of Shabbat, or Berachot, among other areas of Torah? Why are they comparable to a flowing spring? The Rav recalls that Eastern European synagogues often had a Chevra Shas, a group that would get together regularly to study Talmud. They would celebrate annually on the Shabbat of Parshat Mishpatim. He elaborates on the idea behind this custom, quoting our Mishna above, stating that “in the tractates of Nezikin (monetary law) one can sharpen one’s mind and develop precision and depth in its comprehension” (Rakeffet-Rothkoff, 1999). He continues:
Rabbi Joseph B. Soloveitchik - “The Study of Nezikin”
Apparently, Nezikin is permeated with a certain spirit and strength which inspires the student of Torah. It helps him to develop not only his intuition but his intellect. There is a special capacity that the Almighty implanted in the laws and concepts of Nezikin. It is inspiring on all levels, both the emotional and the intellectual. From all viewpoints Nezikin is ht most fundamental of the six divisions of the Mishnah and Talmud. (p.198)
The laws of damages regulate interpersonal affairs. Indeed at first glance they may seem mundane compared to the institutions of Shabbat or blessings. But there are some features of these laws that offer an entrée into the world of Torah.
There is an aspect of the laws of Nezikin –damages, that make them more accessible than other areas of Torah. We can all relate to the tension and conflict inherent in our interpersonal interactions. One party leaves an object in the public space inadvertently. What if someone is injured by this object? This subject is discussed in the third chapter of Bava Kamma. Do I have an obligation to return it to its owner? This subject is discussed in the second chapter of Bava Metzia. There is a reason we often introduce students to the study of Talmud through these subjects. Even a young student has an intuition of right and wrong in these cases. And through studying these subjects they will notice that sometimes their intuition corresponds with the Torah’s approach and sometimes it does not. The Torah requires that we consider these events dispassionately, in a more objective light. We must articulate principles that are universal and apply across many situations, and apply only consistent exceptions to these rules. Through continued study a shift takes place. The student encounters interpersonal events and is curious about the Torah’s viewpoint. Eventually, one’s very perspective may evolve and be influenced by the Torah’s precise halakhic thinking. In summary, the monetary laws of Nezikin are accessible, they ennoble and refine our perspective, and they advance and sharpen our capability for intellectual analysis.
The laws of Nezikin are a “flowing spring” for they offer a nearly unlimited opportunity for available subjects to serve as a springboard to advanced thinking. Thus primacy has been given to the laws of damages since the giving of the Torah on Mount Sinai. As Rashi indicates, while the decalogue teaches us the prototypical categories of the Torah system, it is the laws of Nezikin that offers us the opportunity to absorb and assimilate the Torah’s unique perspective.
References
Davis, A. (2009). The Metsudah Siffsei Chachamim Chumash. Metsudah Publications. Retrieved from: https://rashi.alhatorah.org/Full/Shemot/21.1#e0nf
Rakeffet-Rothkoff, A., & Epstein, J. (1999). The Rav: The world of Rabbi Joseph B. Soloveitchik. Hoboken, NJ: KTAV.
Rosenberg, A. (1980). A new English translation of the Hebrew Bible text and Rashi, with a commentary digest. New York: Judaica Press. Retrieved from: https://www.chabad.org/library/bible_cdo/
Translation of the Talmud from The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0), digitized by Sefaria. Retrieved from: https://shas.alhatorah.org/Full/Bava_Batra/175b.4#e0n6
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit bentorah.substack.com