Mishpatim: Can We Have Both Truth and Peace?

by Rav Hillel Mertzbach, Rabbi of the Yad Binyamin Central Synagogue, yeshiva.org.il, translated by Hillel Fendel.

Following the Majority

In this week's Torah portion of Mishpatim (Sh'mot, chapters 21-24), we are taught many Torah laws, including many having to do with courts and civil law. Verse 23,2 reads as follows:

"Do not follow the majority to do evil; do not speak up in a trial to pervert justice; follow the majority." Perhaps because there are different ways of translating this verse, the commentary of Rashi rings very true: "The Sages of Israel have [various] derivations on this verse, but the wording of the verse does not fit in well with them…"

The basic difficulty is that the verse appears to contradict itself. First it says that one must maintain what appears to him to be the truth, even if the majority does not agree with him. That is, he must not follow the majority if he believes they are doing the wrong thing. But the verse then concludes that even in precisely such a situation, he must follow the majority!

Individuality or Collectivism?

I heard from my good friend Rabbi Sar'el Rosenblatt that the verse must be understood as referring to two different stages in a person's development. One must begin by thinking carefully about an issue, then coming to a conclusion, and then expressing his truth – even if he finds himself in the minority. If you conclude that the others are mistaken, then speak up and struggle for the truth!

However, when it comes to actually deciding on the course of action to be taken, and you have not succeeded in convincing them, then there can be no choice but to accept the majority opinion.

In the world of ideas, absolute truth has a place of honor. But in the world of deeds and practicality, we must function democratically, where the minority bends itself to what the majority determines.

Mordechai's Two Hats

The happy Purim month of Adar is about to begin (this Tuesday and Wednesday). Let us look at how Mordechai HaYehudi acted throughout the Purim story. On the one hand, the story begins with Mordechai angering the wicked Haman, by being the only one who refuses to bow down to him: "Mordechai would not bow and would not bend" (Esther 3,2). 

As detailed in the Talmud (Megillah 19a), this was exactly what raised Haman's ire against the entire Jewish populace. That is, Mordechai was the only one to act this way. All the other servants of the king, not only the Jewish ones, bowed to Haman, because they realized the danger of not doing so. But Mordechai felt that it was forbidden to do so, and the Sages recount that he argued about this with the other members of the Sanhedrin (Great Court). They said to him: "Do you not realize that by refusing to bow, you could cause us all to be killed!" He said, "I cannot do otherwise; I am a Jew!"

They said to him, "But you know that your own forefathers bowed down to Haman's forefather, when Yaakov and his sons met up with Esav [Parashat Vayishlach, B'reshit 33)." Mordechai answered, "Yaakov's youngest son Binyamin was not yet born then, such that he did not bow down – and I am descended from Binyamin… Just like he did not bow down, neither will I!"

We see here that Mordechai insisted on taking an extreme position, even at the expense of endangering all of Israel, because he reasoned that it would be a desecration of G-d's name to bow down to Haman. He fulfilled what he felt was "do not follow the majority to do evil."

On the other hand, later on, we see that Mordechai changed his tune. The final verse in Esther reads: "For Mordechai the Jew was second to King Ahashverosh, great among the Jews and accepted by most of his brethren, seeking the good of his people and speaking peace for all of their descendants."

Mordechai underwent a transformation of sorts, from an independent thinker and doer, to one who was accepted by most – not all, as the Talmud notes pointedly – and seeking peace for all.

Youth and Maturity

This can also be likened to personal human development. In our youth, we are often romantic, demanding what appears to be justice, truth and ideals. But as years pass, we generally see life more calmly and are open to accepting that there are other opinions. As adults, we no longer adopt only "Do not follow the majority for evil!" but rather understand that practically speaking, things must be accomplished according to the majority opinion. Thus, peace will be achieved.

Nor can it be any different. If we would run directly to "peace" without first clarifying what is the truth, then even peace will not be able to be achieved.

We learn from here that we must contain a duality: On the one hand, we must recognize the absolute truth, and so build our personality - and from there we must reach containment and acceptance of and by the majority, which will lead to seeking and speaking peace.

An Eye for an Eye

This message is taught elsewhere in Parashat Mishpatim as well. The Torah states that if one maliciously causes another to lose his eye, for instance, he must be punished by losing his own eye: "An eye for an eye" (21,24). The Oral Law, however, determines that this is meant only to show the severity of the incident, but that in reality, the offender must simply pay money in compensation. That is to say, the absolute truth is that causing one to lose an eye must ideally cost the perpetrator an eye, but in the practical world, this cannot be the case.

In conclusion, we are not at liberty to give up on the truth, nor may we cede peace. It is incumbent upon us to begin with the truth, and from their make our way to peace. As in the words of the Prophet Zechariah (8,19): "The truth and the peace – you must love." truth will lead to peace.

Mishpatim: Mercy, Mercy!

by Rav Moshe Leib HaCohen Halbershtadt, Founder and Director of YORU Jewish Leadership, yeshiva.org.il, translated by Hillel Fendel.

This week's Torah portion of Mishpatim (Sh'mot, chapters 21-24), which follows the grand Giving of the Torah at Mt. Sinai, begins unexpectedly with the technical laws of a Hebrew slave: "If you should purchase a Hebrew slave, for six years he shall work for you, and in the seventh year he shall go free" (21,1).

Why does the Torah choose to begin its legal section of various detailed laws regarding torts, damages and the like with the Hebrew slave (eved ivri), of all topics? It could have started, for instance, with, "Love your neighbor as yourself" (Vayikra 19,8), which R. Akiva said is a "great principle of the Torah," and which is a primary fundamental on which the entire Torah stands (Shabbat 31a). Why do the laws begin with the Hebrew slave?!
Our holy Torah specifically began its laws with those of eved ivri in order to teach us the basis of all the laws of the Torah, which is that we may never forget the "heart." We must always strive to combine the trait of compassion with that of strict judgement, and to thus form a more perfect world – in remembrance of both the Exodus from Egypt and the creation of the world.

Rabbeinu Baḥye, a great Torah scholar and commentator in Spain (1255–1340), explains [paraphrased]: "The Torah begins with this law because the Hebrew slave is a testament to both the Exodus from Egypt and the creation of the world. It recalls the Exodus, in that the Israelites were slaves in Egypt and G-d took them out to be slaves to Him alone, as is written (Vayikra 25,55), "For the children of Israel are My slaves" – My slaves whom I brought out of Egypt. The laws of the eved ivri are first, just as the Ten Commandments begin with the fact that G-d "brought you out of the land of Egypt, from a house of slaves" (Sh'mot 20,2).

"And it also recalls the creation of the world," Rabbeinu Baḥye continues, "just as the Sabbath is a remembrance of Creation, for G-d created His world in six days and the seventh is a day of rest – and the Hebrew slave is also a remembrance of Creation, in that his seventh year is one of rest from his master, just like the seventh day of the week – and all the sevenths are special: the Sabbath day, and the Sh'mitah year, and the seventh Sh'mitah year which brings on the Jubilee; all of this is one great principle from one source, the secret of history, mentioned in the story of Creation in B'reshit (1,1-2,3)."

Rabbeinu Baḥye is telling us that the eved ivri is a symbol of two great principle of faith in G-d. The forerunner to the Shulchan Arukh – the Baal HaTurim – makes the same point (O.C. 625): "Scriptures hinged the mitzvah of Sukkah, and many other mitzvot, on the Exodus, because the Exodus is something that we saw with our own eyes and heard with our own ears [and was passed down through the generations], something that no one can deny; it teaches the truth of the existence of the Creator, that He created all according to His will, and that He has the power and ability in the upper and lower spheres to act with them as He pleases, as He did with us when He extricated us from Egypt with great miracles and wonders."

The Sefer HaChinukh, too, in Mitzvah 26, explains why we recite Kiddush on the Sabbath "in remembrance of Creation." It is in order that we realize through this to remember the greatness of this Sabbath day, and set in our hearts our belief in the creation ex nihilo of the world.

However, there is yet another, deeper layer to this idea. A Hebrew slave is one who was so destitute that he had no choice but to sell himself into slavery, or was sold into slavery because he stole and could not repay what he took. He is thus on the bottom of human society, having been forced into giving up his freedom and basic dignity. The Torah therefore began its litany of laws with the Hebrew slave in order that we remember that we, too, were once in that position, enslaved and humiliated in Egypt. Thus we will identify with the pain of those who are on the bottom levels of society, and show compassion towards them, and do all we can to rehabilitate them. And during their six years of servitude, we will respect them; the master is commanded to treat him with special honor, such as not serving him wine or bread of lesser quality than his own, and other such laws, to the point that the Gemara says, "Whoever acquires a Hebrew slave is like one who has acquired a master over himself" (Kiddushin 20a).  When he is sent free, the master must give him gifts, and he then returns to being a slave only to G-d. This is in remembrance of Creation, which was effected with the trait of compassion (see Rashi to B'reshit 1,1, as well as 2,4).