Parshas Mishpatim- Earn Your Keep

The world is crazy. True sentiment. The Torah always provides us with the appropriate mentality and course of action for any given situation. This week’s Parsha includes a powerful lesson more pertinent now than ever before. 

Parshas Mishpatim begins with the halachos of an “eved ivri”, a Jewish slave. There are two ways one could become a slave to another Jew. One, discussed at length in these pesukim, is due to thievery that he is unable to repay. In such a case a situation, the thief is sold by the courts to another Jew. The money of the sale is used to repay the victim of the crime. An alternative method is a self-sale. A person can decide to sell himself as an eved, if he is so inclined. At the conclusion of the six-year sale, the slave is free to leave. If the slave determines he wishes to remain as an eved, he proclaims this intention before the finale of his servitude. In such a scenario, the master takes the slave to the Beis Din, and they make him into a “nirtza”. A hole is pierced through the slave’s ear with an awl, and he remains in servitude until the Yovel year. This process is performed adjacent to the door and lintels. 

Rashi (21:6, quoting Gemara Kiddushin 22b) explains the symbolism of piercing the ear, and the need to have it done at the doorframe. Rabban Yochanan ben Zakkai explains that our ears heard at Har Sinai the commandment of “you shall not steal” and “for the Jews are My slaves”. One who was sold by the courts disregarded the prohibition to steal. One who sold himself to another Jew, acquired a human master. Thus, in both cases the actions done are deserving of having his ear pierced. Furthermore, Rabbi Shimon explains that during the plague of the firstborns in Egypt, the doorframes were witnesses to the mastery Hashem claimed over the Jews. One who acquires a human master for himself deserves to become a nirtza in front of these items.

The Kli Yakar (21:5) finds these explanations to be difficult. If the boring of the ear corresponds to his transgressions of these two commands, then it would be more logical for it to done upon the initial theft and self-sale. Why is it only performed six years later when he decides to re-sell himself?

The Parsha introduces a series of “mishaptim”, or civil laws. These include the rules relating to slaves, interpersonal damages, and watchmen of items, amongst others. The commentaries (Rashi, Rabbeinu Bachya) explain that these laws were directed to the Sanhedrin, the highest Jewish court.

The first laws discussed set the tone and theme for the entire passage. Why are the laws of slaves the first ones taught, in addressing the court system?

During his servitude, the master is responsible for the support and sustenance of the slave’s family (Rashi 21:3). He must also provide the slave with equal food-stuffs to that which he personally enjoys (Gemara Kiddushin 15a). In addition, the slave, as part of his work, has relations with a non-Jewish female slave. The woman, and resulting offspring are slaves to the master. At the conclusion of his tenure, the Torah states that he can say “I love my master, my wife, and my children, I shall not go free” (21:5). This is a reference to his non-Jewish partner, and the resulting offspring. He then becomes a nirtza.

There are a number of anomalies. Why is the master responsible for the support of the slave’s family? Why must he provide cuisine equivalent to his own? A female non-Jewess is generally prohibited to a Jew. Why is it different for a Jewish slave? Finally, the proclamation is simply not true. The woman and children belong to the master. How can he state “I love my wife and children”?

The Gemara (Kiddushin 15a) derives the fact that they would specifically bore the right ear from the laws of a metzora (gezeira shava ozen-ozen). In regards to his purification process, the Kohen places the blood of the asham offering on his right ear (Parshas Metzora 14:14). The same word is used in regards to a nirtza (21:6), creating the source for this halacha. It is interesting to note that the shoresh of the words “nirtza” and “metzora” are very similar as well.

What can we derive from the apparent connection between a metzora and a nirtza?

In America, the rate of recidivism is astronomically high. Repeat criminals, being rearrested and incarcerated, is a significant statistic by any measure. Many suggest that the flaw lies in the lack of continuum and resources after leaving prison. As always, the Torah tells us the truth.

Rabbi Eli May shared a beautiful explanation. A man robs and is sold as a slave to repay for his crime. Alternatively, he sells himself into servitude. There are two possible motivations for these poor choices. He may simply be experiencing excess pressure, particularly in the area of finances. Stealing or becoming a slave could be a quick fix. However, there is another possible motive. He may have no sense of personal responsibilities. He may shirk duties, feeling that everything is due to him. The first issue is short-term and easier to repair. The latter is a severe fundamental problem in mentality. The initial robbing or sale is not a clear indicator as to which of these approaches the fellow is acting upon.  

He works for six years. This allows us to offer him an opportunity for rehabilitation. It also provides us with a clarity into his mentality. During these years, the man is relieved of all pressures. He is fed and his family is provided for. In addition, he has relations with a non-Jewess. This sends the message that this state is lesser than, and not ideal. A normal Jew cannot engage in such behavior. As a slave his status is diminished. A healthy, responsible person would respond by finishing his tenure, and moving on to live a productive, rehabilitated life. However, one who proclaims he wishes to stay, reveals that the motivation all along was a lacking in his perspective on personal responsibilities. He truly believes everything is due to him, without fulfilling his duties. He thus states “my wife and children” even though they are certainly not his. Such a person is a menace to society. It is better that he remains in servitude. This is in stark contrast to a metzora, who realizes the errors of his ways and undergoes the recovery process. The nirtza completely misses this message.

This is the first message taught to the courts. In order to prevent crimes, society must be taught the importance of personal responsibility. One is not deserved of anything. When people do not understand this principle, they are bound to reoffend.

This message is crucial in today’s world. Entire movements claiming self-righteousness, embody this awful mentality. It is challenging to teach someone to take responsibility at an advanced age. We must imbue this into our children. In doing so they will, B’ezras Hashem, become adults who fulfill responsibilities and reap the benefits of doing so.

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