Ohab Zedek - Divrei Torah

Parashat Mishpatim

Being an effective teacher in this day and age is not a simple task. One must display sensitivity and a sense of knowledge of the current issues of a typical Jewish adolescent child. Many researchers have findings which support the concept that as students grow older, their attitudes become more and more negative toward school. An ongoing issue is the relevance of Judaic studies curriculum. Many of the laws I taught recently can be found in Parshat Mishpatim. Last year, I taught Baba Kama and the intricate laws of an ox that gores. When does the owner pay full damages? When does he only pay for half the damages? We discussed the issues of a donkey falling into a pit. We learned that one is responsible to pay for the damages even when the pit was dug in a public thoroughfare. Some students would ask me, "Who cares? This will never happen to me!"

I didn't have any more fortune this year, teaching the third chapter of Baba Metziah. We are learning about the different responsibilities and obligations of the Arbah Shomrim, the four guards. Still my students ask, "So what? Why do I need to know this stuff?" I must realize that their questions aren't an attack on my beliefs. These inquiries are innate. Goodlad and Tyler, in the text, Curriculum Inquiry (1983) say, "Persons are always creating and obtaining meaning in life." Frazier, in the text, Open Schools for Education (1972) says, "There is a drive for personal and social relevance…" This stated, how do we respond to our students (and ourselves) when they ask, "So what?"

I'd like to share two traditional ideas to this timeless issue. The Gemara states (Baba Kama 30A) one who wants to be pious should be careful in “mili dinizikin” - matters which pertain to damages. Rava says one should learn Avot, referring specifically to the ethical values taught in Perkei Avot. Some say the road to piety is being careful with the reciting of Brachot. I can understand how spirituality and holiness can be obtained through saying Brachot with proper concentration. Improving ones’ moral ethics is also extremely important to being deemed righteous. But what does Nezikin have to do with being an “ish kadosh” - a holy person? Everything! We must sensitize ourselves and especially our youth with the understanding that the pages of Baba Kama discuss more than just untamed beasts roaming the streets. There is an owner in the equation. Where was that owner? Why wasn't he watching his animal to guarantee no one could get injured? That owner has a communal responsibility to ensure that the world is a safe place to live. He did not live up to this communal responsibility. Baba Metzia is more than the oath of guards. It teaches us to be sensitive to the belongings of others. When someone gives you an object, treat it at least with the same respect and seriousness as though it were your own.

Seder Nezikin educates children and adults alike that the world doesn't revolve around them. One is only capable of serving HaShem when they realize that there is something beyond themselves. A self centered, egotistical person is likened to an idol worshiper. This is because they are engaged in self worship. To them, nothing else exists. No one else is important. Such a person can never acquire righteousness. Only a person who is sensitive in the laws of Nizikin, someone who cares for and thinks about others, can reach the status of a “chasid” - a pious man.

I always tell my students that we are part of a unique and special religion. Some of us mistakenly think that religion should remain in the synagogue. Others extend religion to their homes or Hebrew Schools, but no further. When one is confronted with a shady business deal, the rationale is often that "business is business." This is a mistake. We must educate our children that every aspect of our lives potentially can be connected to Judaism. From the way we put on our shoes in the morning to the way we talk. From the way we eat to which side one should sleep -everything has meaning. Imagine for a moment the following idea. Every action we take, every word that comes from our mouths, all has a source and connection in our religion. Even the seemingly most mundane, physical acts can be elevated to holiness - from drinking an intoxicating beverage for Kiddush on Friday night to getting married and raising children.

We can potentially serve HaShem twenty-four hours a day, seven days a week. This includes the way we conduct ourselves in business. A righteous person isn't a hypocrite. They don't live two lives, one in shul and the other in the office. They view everything as an opportunity to serve HaShem and uplift the mundane. We too, must realize that Judaism isn't about displaying multiple personalities. We need to strive to become an “ish tam” - a complete person.

I understand what it is like to make a “havdalah” - a separation, from kadosh and chol. The high school in Ner Israel had Judaic studies in the morning and general studies in the afternoon. During the morning, my Rebbe would always call me by my Hebrew name, Boaz. In the afternoon, I would prefer to be called by my English name, Brad. One afternoon, I encountered my Rebbe in the hallway as I was heading to my next class. He looked at me with a sparkle in his eyes and said only one word, "Brad?" I'll never forget the way his voice lifted like he often did when posing a question on Tosfot. What he meant by his tone was clear. "You're a Boaz in the morning during davening and Torah learning. You should remain Boaz in the afternoon too”. There is no “havdala”. There is no separation. We should always feel that we are "here to serve". The truth is that it is easier to be a practicing Jew when you are in a synagogue. That is our safe haven where we can practice our religion freely without embarrassment or feeling vulnerable. The test is remaining strong with your convictions when you at work. This is when it is more difficult. This is where your character and commitment stand out.

There was a Jewish man that I know that served in the American army. He would always wear his Magan David for all to see. Someone once asked him, "Why do you wear your necklace exposed so as not to cover up who you are? Why is it important to divulge to the world that you are a Jew? He responded, "That's just it. I am a Jew! Regardless of where I am or which uniform I wear, I'm first and foremost a Jew”. This is the meaning of the first pasuk in our Parsha. The Torah opens, “Viaylah HaMishpatim” - “AND these are the ordinances”. Rashi is bothered with the prefix "AND". What is the correlation between these laws here and those mentioned previously in Parshat Yitro? Rashi answers, "Mah harishonim miSinai af aylu miSinai” - just as those mitzvot were given at Har Sinai so to these mitzvot were given at Sinai. I understand why the previous Parsha's Mitzvot are important to improve our spirituality and connect to Sinai. This was the Aseret HaDibrot, the very foundation of our religious beliefs. But the mitzvot in Mishpatim discuss issues of compensation for damages. You seemingly can't come closer to HaShem by adhering to these laws, right? Wrong! Rashi is teaching "af aylu miSinai" the road to a Sinai existence can also be accomplished by keeping the Mishpatim.

Here my students are, searching for the relevance in their studies. They must realize that Seder Nezikin is relevant! That is exactly the reason why we are studying such seemingly mundane material. Even walking your friend's dog is rooted in holiness. Borrowing your neighbor's basketball too has halachic ramifications. The mitzvot in Parshat Mishpatim should instill into our children this notion. Judaism is more that a series of random acts called mitzvot, they are a way of life that embody our every thought and action. Seder Nezikin provides the example of how ordinary dealings can be transformed into a more sacred act. What greater message can we instill upon our children? That's a question I don't know how to answer.

First Published January 2, 2004 for National Council of Young Israel Weekly Divrei Torah