Mishpatim - 3rd Portion

Join me as we learn kumsh for Tuesday paras mishbatim the third Torah reading chapter 21 verse4 yesterday we began the laws of damages pertaining if a person hurts another individual if a person's property hurts another person's property today we continue with the laws of damages and compensation for damages Verse four. If a man takes his animals in someone else's field or vineyard and therefore sends his animals there to graze and they graze in another person's field. The restitution that he has to make has to be from the best of his field and from the best of his vineyard. Verse four, Rashi explains what this means. If you look at all of these terminologies, they're all terminologies of an animal, us and our animals. So what does the word yav mean? He takes his animals and he allows them to pasture in the field or vineyards of his friend. And he thereby damages his friends his the another person's property in two in two ways. Either either by sending his animals there or by actually burning it, consuming it meaning by destroying it. The rabbis explain what does it mean? The actual terminology of sending the animals, meaning that they are allowed to walk there the way that they are damaging the other person's property is by stamping on all the food and thereby bringing damage and to the other person's property. When the word that means there's two terminologies in this Torah in this verse and he sends his animals and then again gives another terminology of what they've done. This is talking about when a person actually consumes it when the animal consumes the food. So like we mentioned before the word is beroy or bur either the concept of them actually stepping eating and consuming the actual food or just destroying the food itself. When we talk about a fire that's going to be the next case when he burn when somebody put sets fire to somebody else's property somebody else's field another person's field says what does it mean from the best of his property he has to pay we evaluate the damage now when the damager has to go and pay for the amount of property that he damaged he has to pay him according to the best of his properties For example, if the damage was a sella, he has to give him worth a property that the damager owns. Here the Torah is telling us that anytime a person damages somebody else's field, you have to go to the best kind of field that this damager has. And based on the best quality, you will then give whatever was worth of whatever damages you made to the individual. Verse 5. If a fire breaks out even accidentally and therefore spreads through horns so that it consumes a stacked pile or a stacked pile of wheat, stacked or standing grain or the actual newly plowed field. Whoever caused the the fire to happen has to make restitution for what he has done. Even though the fire may have started on his own property, as we're soon going to learn, still in all because the fire continued into somebody else's property. And you are now liable the moment you uh ignite the fire as we'll see the difference of opinion or how it comes. As Rashi explains, even if the person lit the fire on his own in his own place and then spread to his his friend's property, the word translates in old French, which is thorns, and it ate the the wheat that was standing that was already cut that the fire went into the thorns, and from there it continued to spread. spread onto the wheat that was already cut or wheat that was already that's still connected to the ground or to the actual field that may have just been plowed. It can it consumed all of the plowed field. Now he has to go and replplow his field a second time even though the person lit a fire in his own property and it continued to spread because of the thorns that it caught on to has to be he has to pay because he did not protect and he did not watch that that coal that he just ignited should not the embers that he made should not continue to go shouldn't and damage somebody else's field. Verse six. And now we come to the Torah talks about uh guards cosine. If a person you give something to somebody else for safekeeping, there are different levels of safekeeping. As we're going to learn, there are four different types of guardsmen. One that gets paid for it, one that doesn't get paid for it, a renter and a borrower. And each one of them have different laws as we're going to see as the Torah continues to explain. Verse six. If a man gives a fellow man money or objects money or objects to protect was stolen from the person's home. If the thief is found then he pays double pays as we mentioned previously you pay double to the owner. That means the watchman says I had it in my house and somebody stole it from my home. If the thief is found, the thief has to pay double the bum to the original owners that it was stolen from. Verse seven, what happens if the thief is not found? Then the owner of the house has to approach the judges the best that if he did not lay hands on his fellow's property that if he was not negligent and he admits that he says I did not touch this my property and was [snorts] just stolen from my house then he is exempt from any payment [snorts] as we see over here continues and explains if the owner that comes The meaning that the the owner of the item comes and tells the watchman you owe me for the item that was stolen from your house. So therefore this guardsman comes now he is the owner from where? The home that it was stolen from who does he come to the judges? He has to come to court and swear and take an oath that he did not touch the item that wasn't his. Verse eight, ales in every case of dishonesty al whether it's about an axe al whether it's about a donkey als or a sheep al sal or a garment I'll call or anything that gets lost and there are witnesses that testify this is it these are the disputed goods both of the parties should come to the judges in front of judges Whoever the judges should say that they are guilty will then be liable to pay double restitution to his fellow men. Let's understand what the verse is telling us. A lot of rashies here to follow along what the Torah is saying. on every case [clears throat] of where a person in every case of dishonesty that you find a liar who in his oath said false testimony because we have witnesses that say he himself stole it and the oath that he took was false and therefore the best has to find him guilty according to the testimony of the witnesses of the Torah is telling us that if somebody says the about an item that was given for him to watch and he says it was stolen from me and then we find he himself stole it. He has to pay double. When does he pay double to the owner? When does the watchman have to pay double? When he takes an oath and only afterwards the witnesses come. However, if before he took the oath that he didn't subde it and then witnesses come, he does not have to pay double restitution. It's only because he took the oath and he said something falsely then witnesses come is he liable to pay. This is how the rabbis explain it in 63b. They explain what does this mean? The reason why he comes to the judges is to take an oath. Now you may say, "How do I know this? When I say you have to bring him to the judges, am I bringing him for a court case or just that he should take an oath being that the watchman already comes to court and he says that it was stolen even if he didn't take an oath, then he should be right away liable to pay double restitution. If the witnesses come and say, "We see it in his backyard. How can he say that it was stolen? Therefore, the sages come along and explain to us. It says in this case about a person taking or touching the item which is not his later on when it talks about a watchman who is hired that he also has to take an oath that he has to take an oath to say that he did not touch it. Just like later on when a person denies that he didn't touch it. Only time that he has to pay double restitution is if he takes an oath. too. The only time that a watchman will have to pay double the restitution is only if he took an oath and afterwards witnesses come along and say that oath was false then he would have to pay double he will say this is it according to the simple interpretation who is this referring to that the witnesses come along and say that this actual item is that he swore that he doesn't own that that he doesn't that is not in his property They tell them yes we saw it in your property or this also can mean that then the judges the testimony between both of them have to decide who is the guilty and who's not they'll have to thoroughly investigate the witnesses and if the witnesses say what their if their testimony is correct then they will find this watchman guilty and what will he have to do he'll have to pay double restitution to the owner of the object who was given to him to watch. However, if the judges say that the witnesses are guilty and that they find that the witnesses were saying false allegations and libations against this individual, they will have to pay uh the watchmen double restitution. That's the simple interpretation of this verse that either if the witnesses say it then the watchmen will have to pay double restitution or if the witnesses are guilty then they have to pay double restitution to the watchmen. The rabbis explain it as follows that when it says Q that's referring to on the watchman and what does it mean this teaches us that we don't obligate him an oath only if he admits to partial of the testimony he says only if the watchman says yes you gave me $100 but $50 was stolen and $50 I still have Then we make him make an oath on the leftovers. That's that the only time he is obligated to take an oath is where he acknowledges to partial of the testimony. Verse n when a person gives something to his friend a donkey or a sheep or any animal to protect to watch and then it dies. or it broke or was carried off was captured by somebody. Nobody sees what happened. Rashi explains that the first case when we spoke about giving something to somebody else to watch that's talking about when the person was not getting paid for it. However, therefore, he was exempt from any theft. If it was stolen from the person's home, if it wasn't found, then you bring him that he just has taken an oath. From here, we learn that he's exempt by taking the oath. But now, this few verses that we're going to be learning about is talking about a hired watchman. Therefore, he does not get off the hook if it was stolen. as we're going to see in the next verse, next two verses that if it's stolen from him, he still has to pay. But if something happens by accident for example in this case where it gets hurt by either it was captured or somebody for stole it or it broke on its own died on its own or fell from a high place and then broke one of its limbs or was stolen by force by Roberts but there was nobody there to testify that it happened. So over here we're talking about a case in this verse 9 where the thing that he was given to watch was damaged but it was not on purpose. It was by accident and or was forced upon he had no choice. He had no way to stop it. Verse 10. So then he has to take an oath between the two of them that he did not lay a hand on his fellow men's property. All of them the owners take it the way it is. have to accept the oath and he does not have to pay for any uh any restitution for anything. He has to swear that this is actually what happened. And number two and he also did not use it and that's why it broke. That means if the fellow went and touched the animal and because of that the animal broke or hurt itself or whatever it may be then because if he actually touched it and then it got into a damage and then he's even obligated he's liable to pay restitution because since he had no right touching that item what does the owners have to take as they take the oath and then the watchman doesn't have to pay anything for it. 11. However, if it was stolen from him, then he has to pay restitution to the owners because he's liable for that's why it was given to him to watch it not be stolen. 12. If however it was killed while and there are witnesses. He then has to produce witnesses and that it that it happened. Then does not have to pay restitution for this animal that was killed that it was killed by a wild animal. He has to bring witnesses. The watchman has to bring witnesses that there's occurred and then he does not have to pay. Rashi says am I talking about only if it was me? If this animal was m it was mauled then it was therefore now considered a carcass. There was nothing left of it. That's when he doesn't have to pay only when it causes such a case. The very fact that the Torah puts the means that there could be a case that he would have to pay and there could be a case where he weren't have to pay. Which one wouldn't he have to pay for? So therefore, would you say that when it comes to a cat or a um or a fox or a leopard that that he does have to pay? Why? Because he should have been able to save the animal from them. However, when it comes to a wolf and a uh and a lion or a beer or a snake, which those are more dangerous animals that he wouldn't be able to stop it, he shouldn't have to pay. Who told you? Who spoken ear? This is the terminology. Who whispered in your ear that there's such a difference? The Torah doesn't make a difference. You may say just as if it died, captured or wounded. And it compares all them just like by death. You cannot stop somebody from dying. So too if it was broken or wounded when you're not able to save it. Therefore, when he talks about a trafa that he is exempt from, that means when he when an animal is mauled and destroyed because of another wild animal attacking it, that's only talking about an animal that he was did not have the ability to save it from because the Torah compares it to death just like death you don't have the ability to stop. So to a damage that you did not have the ability to stop. Now, the Torah tells us about the next type of watchman or the next type of people who use somebody else's property. If a man borrows something from his fellow man and a broke or died and the owners were not with them at the time, then he has to pay make a restitution. Over here, we now move to the to a more severe meaning that we are the person has more liabilities because he enjoys more of it. Meaning you're borrowing something from somebody. You don't have to pay the person for it. You it's all the benefit is for you. Therefore, you are most liable for it. As we see in Rashi explains as follows. If the owners are with him, whether he's using it for that work or not, if he's using it at the time at the borrowing it, he has the owner of the ax has to be with him at the time of borrowing it. then he is not obligated to pay for any damages that happen by accident and he does not have to be with him at the time of the actual wound as we seen in the previous verse as well as we're going to see in verse 14. I'm sorry we learned the wrong rashies. There we go again. Verse 13, the rashies. It's coming to tell me that a person who borrows something is obligated in even accidental damages. If the owner of the ox is not with him at the time of the work, then he is obligated to pay for restitution. Now verse 14, continuing on to the case of a hirer. If however the owner is with them is employed together with the borrower that's working with them does not have to make any restitution. If he's actually renting it if the thing was hired were renting the item then then this comes in exchange for its rental price. Let's see what Rashi says. So now what we just mentioned before the rashi before whether he's there at the time of work whether he's there at a different work whether he's hired with him at the time or not if he's employed with him if he has it with him at the time that he borrowed it he does not have to be with him at the time that he is employ that it actually was injured if he was hired that means this ox was not borrowed from the individual but he's paying for it this individual who's renting it didn't borrow it. He does not have all the benefits. Meaning in the case of borrowing, the borrower gets all the benefits for it. However, in the case of renting it, the owner the owner is getting money for it. Therefore, and therefore, it does not have the same judgment as a borrower who is obligated in damages. And however, concerning the other damages, the Torah doesn't say clearly what the law is pertaining to hire. Is he considered like a watchman who does not get paid for it or like a paid watchman? Therefore, there's a discussion and debate between the scholars. A renter, how does he pay says that he's just like a unpaid watchman and therefore he is exempt from any time it is stolen or lost and he's only obligated on negligence. that he is like a paid watchman and he's obligated for something that gets stolen or lost and he's only exempt from accidental damage. Verse 15. Now we're going to go into other laws other different laws. If a man seduces a virgin who is not betrothed or engaged and and therefore he is intimate with her he has to marry he has to marry her with a marriage contract. What does it mean? Means he seduces her. He speaks to her heart. He convinces her. The word he continues to pester her. He seduces her and finally convinces her. What does the word mean? He has to then give her whatever a marriage contract is like a man and a woman which is that he has to write a marital contract and he has to marry her because you seduced her and now you have to stay with her. Verse 16 have however the father refuses to give her into marriage to give him to this individual. He then has to give a monetary set settlement whatever is customary to give to a woman who has never been married and that is as we're going to see is 50 shekels as the Torah enumerates in other places so of that this is 50 silver coins of somebody who takes a woman who's not married and he's with her by force as it says so Jew a person who seduces and the woman and the father refuses to give him this woman as his wife he has to pay the 50 kzf the 50 um shekel next case in 17 verse 17 talks about sorcery you should not allow a sorcerer sorceress to live says sorcerer this is giving who is this giving to this is not an obligation on every single individual that they should go kill a individual who's a sorcerer. This is given to this applies to males and females. The Torah is talking about factual things and what usually happens and it was that usually it happened to be that women were more usual to be sorcerers than men. We know the story in the Talmet that talks about a fellow by the name of Shiman Shatak who went and he killed all the sorcerers that he did at the time. The 80 sorcerers there were women sorcerers that he killed as the Talmud enumerates and talks about the story there. Verse 18, whoever engages in intimate relationships with an animal must be put to death. He is then with stoning to death. So too the same idea would be if a person whether it's a man or a woman who engages in such kind of behavior that it says their blood is liable to them meaning to them whether it's a which which is the death of stoning. Verse 19. Whoever sacrifices to idols is put to death only to God alone should one be bringing sacrifices. Verse 19. What does this mean? To their idolatry. How do I know that it means that their idolatry? Because if it would have had it would have to explain other gods when he says therefore he's talking about to thee by this way pointing out to the ones you're not allowed to serve and therefore he doesn't have to say the word other god anytime you have that comes at the beginning of a word if it has a beginning like then you have to explain and define to which king which desert to which city you're going to. So or if it has the very fact that he doesn't explain that means he's including one so when he says even godly ones it means referring even to God. So when it has a then you have to define afterwards who you're referring to. But when it has a then it's like a hey then it's like saying to the like to the desert to the city you know which one you're but however when we don't know which one we're talking about to the god the one that I told you about in someplace else because he doesn't say which one. So therefore he puts a to the one that I already explained previously that you're not allowed to or allow to what he was referring to. What does the word mean? You should die. Why over here in this case does he say should be should be put to death and doesn't use the terminology like he uses in other places you must should be killed and also already says another place that it should be put to death as it says in the book of deuteronomy that you taketh that manner that woman over there doesn't say clearly for which thing he is liable of death penalty you not say that anytime a person gives any honor to idolatry he's liable the death penalty So therefore here the Torah tells us one is liable of the death penalty that if you bring sacrifices you're liable death penalty to tell you that if it's only bowing down or something else just like when a person brings a sacrifice to God it's done in the inner sanctum of the holy temple so and I conclude from here somebody who brings incense or libations which these are services which were done in the holy temple inside holy temple and you're therefore liable for them for all idolatry as well whether this was the way that they did it for that idolatry whether it was not the way they did it for that idolatry however any other type of service for example which was sweeping the floor or mopping the floor or hugging or kissing those are not liable for capital punishment. Those are only a warning. Those are considered a negative commandment which one would be liable for uh lashes or whatever it may be but not liable for capital punishment. The only time somebody's liable for capital punishment, it has to be something which is compared to what was done in the holy temple inside the holy temple like sacrifices, incense or liations. Verse 20, you shall not taunt a foreigner. nor oppress him because you yourselves were foreigners in the land of Egypt. What does it mean? Taunt him with words like when God uses the terminology the time of the redemption that I've given you to me to the field to the animals of the field meaning by you I was giving you the ability that people should be able to make fun of you do not hurt him in what way as well as taking impressing them money with taking money by stealing taking money from them because of them using them to oppress and get money because of it. Verse continues meaning why that means if you embarrassed him if you try to embarrass him and say oh you're a foreigner he can still tell you back you were also foreigners in the land of Egypt and therefore he says as the tal tells us a blemish that you have don't put it on somebody When we talk about over here foreigners, what's this referring to? Person was not born in that country came from a different country to live there. Like the Jewish people came from the land of Kanan and they were living in Egypt. Verse 21. Do not cause pain to any widow or orphan. This applies to any person you shouldn't cause pain to. The Torah is talking about things that usually happen. These are people that are so to speak on the lower level. So therefore, people feel that they can take advantage of them. It was common that people sometimes take advantage and hurt them and give them pain. If you do cause them pain for it, they will urgently cry out to me and I will certainly heed their cry. This is a shortened verse over here. The Torah is warning, but he doesn't explain what the punishment would be. Like it says in the book of whoever kills but the Torah warns but doesn't say what's going to happen. If you're going to hurt them, meaning the Torah is warning us, you're going to get back the same. Why are you going to get why is the punishment so bad? Because God says they will cry out to me. I will hear and I will take revenge and pay measure for measure. What's the display that what's going to happen? I will display indignation and I will kill you by this by the sword and your wives will then remain widows and your children will be orphans. Don't I know from the fact that he's going to kill them that automatically the wives the wives will be widows and children orphans over here the Torah is telling us two verses number one that the women are going to be not only widows they're going to be they're not going to be able to marry they're going to be like living widows meaning that they're not going to know they could they don't have their husband they're not going to be able to marry anybody else there won't be any testimony to say how their husbands were killed. They will forbidden to be married. So too, the children will be orphan. The best is not going to allow them to inherit their father's property. We don't know what happened to them. Did they get killed or were they just captive? Verse 24. When you lend money to my nation, to my people, To the poor person amongst you, do not act like a creditor. You should not charge him interest. Tells us that over here the word is a passive. That means you're not obligated besides three cases where there's an obligation. And this is one of them. It's not if you will loan somebody money. It's when you will lend somebody money that a person has an obligation to give a loan to a poor person and not charge interest my nation ami meaning from the Jew if you have a choice between a non-Jew and a Jew the Jew [snorts] goes first you can give a loan to a poor and a rich person however you have a poor rich person choice between which one you should give first the poor person goes first now if you have somebody from your family and somebody from your city. The family comes first. So if there's poor people from your city and poor people from another city, the poor people from your city come first. This is what the refers to. Who should you give money? Who should you loan money to? My people and not the nation of the world. Which people should you give first? The poor people. Which poor people? Those that are with you from your family. Those that have first preference. Another way of explaining it is do not treat them um in an embarrassing way when you give them a loan because they are my nation. You have to look at yourself as if you are a poor person and therefore don't embarrass him. Don't be something which you wouldn't want to be done to you. Don't become like a creditor and coming strong on him to be able to take back the loan. If you know that he doesn't have money to pay back, don't be somebody that's strict on him like you just loaned it. Make as if you never loaned him any money. [snorts] Don't embarrass him. In fact, Jewish law tells us that if you know the person doesn't have the money, you're not allowed to ask them for the money. You see them on black, you have to cross the street that you shouldn't see that you're coming to demand the money for them. That's if you know that they don't have the money. If he has the money, that's already a different story. What does the word mean? Is interest. Why is interest considered like a snake? Because it's like the the sting of a snake. because it gives you a little sting on your leg. Feel it all of a sudden and it blows up and it hits you into the head and it kills the person. So too is interest. The interest is so bad because at the beginning okay what's a 5% 6% a little bit of interest what's the big deal until the interest becomes so big that this causes him to lose a lot of money as we see today whether all the different interest that they balloon and that's what most of the person is paying up is spends a harder time paying up the interest than the principle of the loan. It is interesting to note that always paras was traditionally by faban there was a an appeal that was done for the gach that rabbi and Gordon start and his son Goldman used to make an appeal parish for a gak because in this week's Torah reading was the mitzvah of loaning people money without interest the concept of a verse 25 if you repeatedly take your fellow man's garmental the fellow man's garment you're taking it as a pledge still and all you should return it to him in the morning until sunset [clears throat] what does it mean over here when it comes to usually means a wound when it comes to it talking about collateral we're talking about a collateral that the person gives willingly at the time of the loan that means he wants to get a loan that I'm giving you this item as a collateral so that if I don't pay you're able to keep it and this forces the individual to give to make sure he pays back. So the word the reason why the Torah doubles it many times says how much you owe me because your soul comes up to me every single night and and you have to give a judgment and you're obligated to me then even though and I'm very nice and every single morning God returns us our soul so too even though yes the guy owes you money and he gave you collateral take it and give it back to take it and give it back every day. Give it to him until sunset when it comes. You'll go and you'll take it back until it comes the next morning. This is talking about a garment that the person needs during the day. Doesn't need it at night. Verse 26. For this alone is the person's garment. This is what he has. He say this is what he needs for a garment to cover his skin. He won't have what to have. He won't have what to lie down with. And then he's going to cry out to me and I will listen [clears throat] because I am compassionate. This is the garment that he needs to wear or the garment of shirt that he has to wear during the day. He won't have anything to put on his bed. Meaning if it's something that he needs by day, you have to give it to him that he has it during the day. If it's something that he will be able to have it do that will have something to that'll be able to wear during the day. And therefore, God says you have to be compassionate to a person that you are loaning money to. This concludes the Torah reading for Tuesday.