Parshas Mishpatim 5785
- Torah Tavlin
- Feb 19
- 2 min read
וכי מכר איש את בתו לאמה לא תצא כצאת העבדים ... (כא-ז)
Parshas Mishpatim contains a wide variety of mitzvos, dinim and subjects, touching on many masechtos in Shas. Starting with Kiddushin, Bava Kama, Sanhedrin, Bava Metzia, Kesubos, etc. Hence, the name Mishpatim. Why, if so many halachic subjects are discussed, was עבד עברי chosen to be the first one? Perhaps there are some lessons to be learned about the essence of the true עבד and its relevance to us as servants of Hashem. There are several ways an עבד עברי, who is sold for six years, exits his servitude. One of the options is if the אדון, his master, writes a שטר שחרור. Rashi in Kiddushin 16a says the source of this is a comparison to an עבד כנעני who also goes free with a שטר. The Avnei Nezer zt”l points out a flaw in the logic of this comparison. Maybe only an עבד כנעני has the option of שטר, just like he has other options that an עבד עברי doesn’t. For instance, an עבד כנעני goes free with ראשי איברים. If the master accidentally knocks out his eye or tooth, he goes free. An עבד עברי on the other hand, does not; as the above-quoted posuk says, "לא תצא כצאת העבדים". (Neither a male or a female עבד עברי goes out like an עבד כנעני) So how can Rashi extrapolate from a כנעני to an עברי in regard to שטר?
The Shem Mishmuel zt”l answers with an insightful machshava. The main focus of an עבד כנעני in life is his physical existence, the need and ability to stay alive. Thus, when he is physically damaged, his essence is adversely affected. מה שאין כן the main focus of an עבד עברי, even as a slave, is his ruchniyus, his innate spirituality. Therefore, an injury to his body doesn’t impact his main function, his neshama, and his continued service to Hashem; the rational to be set free simply does not exist. (See Kli Yakar here who explains this posuk so beautifully.)
This vort sets the tone for our main purpose in life. Our ruchniyus. Our constant striving to improve in our avodas Hashem. And of course, our efforts expended to ensure that all of our future generations will follow suit.