Tyler’s Torah Thoughts for 27 Shevat 5784
Parsha Mishpatim: (Exodus 21:1 – 24:18)
Third Portion: Exodus 22:4 – 22:26

Good morning! We have explored the theme of Grief in Exodus, and yesterday seemed to be exploring the theme of anxiety.

Once we leave the prison of grief behind – and leave Egypt to enter the freedom of the wilderness? It would seem anxiety rears its head pretty quickly.

I learned this morning when we are in the midst of anxiety, we need to reflect on the thoughts that are leading to the emotions, that are leading to behaviors – like reacting.

Often times, the thought that brings me back to safety is just sitting with “I am safe.” When I struggle to accept that reality, it’s a matter of noticing in my body where I am feeling unsafe in my own body.  This helps me navigate back to a place of safety.

One of the themes of today’s portion is about the “four guardians.” Rabbi Isaiah Horowitz wrote this (and I quoted it from two years ago):

“The Torah describes four guardians: the unpaid guardian (v. 6-8), the borrower (v. 13-14), the paid guardian (v. 9-10), and the renter (v. 14). In a case of loss, the unpaid guardian swears on all losses and is absolved; the borrower pays for everything; and the paid guardian and the renter swear in the case of breakage, robbery, and death and are absolved, but pay for loss and theft (Babylonian Talmud)

The unpaid guardian represents the man who feels that he was created only to serve God. He sees his life and possessions as Divine “property” which has been placed in his trust, and he does not feel that God owes him anything in “compensation” for his efforts.

The borrower benefits from what he borrows, and the owner enjoys no benefit. This represents the man who seeks self-fulfillment alone. He does not feel that he owes anything for the use of life’s blessings, even though he may acknowledge who the ultimate owner is.

The renter resembles the borrower in that he prioritizes the fulfillment and enhancement of self, but nevertheless, he feels that he ought to earn this privilege by “also” serving his Creator.

The paid guardian is like the unpaid guardian in that he sees the fulfillment of God’s will as the ultimate purpose of life. He differs only in that he reserves for himself a level of self-interest. Feeling that he also deserves some independence in return for his work as a guardian of God’s property (end quote)

As we enter the Torah portion today, let’s reflect on which of these guardians we feel like in this moment (knowing we vacillate between them all)

4If a man leads his animals into a field or a vineyard, or lets his animal loose and it eats in another’s field, the best of his field or the best of his vineyard he shall pay.

5If a fire goes forth and finds thorns, and a stack of grain or standing grain or the field be consumed, the one who ignited the fire shall surely pay.

Basically – we are responsible for our animals, and our behavior. We need to own our actions.

6If a man gives his neighbor money or articles for safekeeping, and it is stolen from the man’s house, if the thief is found, he shall pay twofold.

7If the thief is not found, the homeowner shall approach the judges, [to swear] that he has not laid his hand upon his neighbor’s property.

8For any sinful word, for a bull, for a donkey, for a lamb, for a garment, for any lost article, concerning which he will say that this is it, the plea[s] of both parties shall come to the judges, [and] whoever the judges declare guilty shall pay twofold to his neighbor.

This represents the “unpaid guardian” – the neighbor was given articles for safekeeping but wasn’t being paid for it.

9If a man gives his neighbor a donkey, a bull, a lamb, or any animal for safekeeping, and it dies, breaks a limb, or is captured, and no one sees [it],

10the oath of the Lord shall be between the two of them provided that he did not lay his hand upon his neighbor’s property, and its owner shall accept [it], and he shall not pay.

This represents the paid guardian.  At first I didn’t understand it. Then I realized, the donkey, bull, or lamb – was able to work the fields and be utilized by the neighbor.  He received self interest from the animals because they could work for him.  So if they were stolen? He had a loss just as much as the owner. He had a stake in getting the animals back.

11But if it is stolen from him, he shall pay its owner.

12If it is torn apart, he shall bring witness for it; [for] the torn one he shall not pay.

And basically, as the paid guardian? He is responsible. If the animal is stolen and witnessed? He is responsible to pay. If it is torn apart, he does not.

13And if a person borrows [an animal] from his neighbor and it breaks a limb or dies, if its owner is not with him, he shall surely pay.

14If its owner is with him, he shall not pay; if it is a hired [animal], it has come for its hire.

This is interesting right? Verse 13 is about borrowing property. If it breaks under the borrowers’ care? He is responsible.

However, if he borrowed it and the owner is with him, then the owner is responsible. Because he is RENTING it.

So what is our takeaway?

The “stuff” in our lives – what is our relationship to that “stuff?”  Do we own it? Are we guarding it? Are we borrowing it? Are we renting it?

Based on these answers? There are consequences aren’t there?

If it’s “mine” then I will be anxious about it, won’t it? I will be worried about “losing it.”

If I am guarding it? If I am not being paid for it, then I don’t need to worry too much. If Hashem has given us abundance to guard, and it goes away? Then we are not responsible when it does.

If I am guarding it and being paid for it? If it goes away because I am not responsible with it? Then I will be held accountable. If it was beyond my control? I am not. That seems reasonable.

If I am borrowing it from Hashem? And it gets taken away? I am not responsible – unless I know why or who took it away.

If I am renting it from Hashem – and he is there with me? I am not responsible.

And now I just had an aha moment.

Hashem is the owner. He owns EVERYTHING. And He is ALWAYS with us, right? Our Neshama is within. If we ask Hashem to “rent” abundance – almost like credit – and it disappears – that is ok – because the owner is always with us.

So maybe instead of asking Hashem to OWN abundance. Maybe we just need to ask him to borrow or rent abundance?

Let’s keep going:

15If a man seduces a virgin who is not betrothed and lies with her, he shall provide her with a marriage contract as a wife.

16If her father refuses to give her to him [in marriage], he shall weigh out money according to the dowry of the virgins.

Sex connection! Basically, if you seduce a virgin, he’s married to her, unless her dad refuses to give her in marriage. Then the dude has to pay.

17You shall not allow a sorceress to live.

I am still flummoxed with sorcery in the Torah. I am curious as to whether the “gender” really is sorceress – or whether that is a patriarchal translation of the word.  And I wonder how this is different than a diviner, or other terms used in the Torah.  Any thoughts?

18Whoever lies [carnally] with an animal shall surely be put to death.

19He who slaughters [a sacrifice] to the gods shall be destroyed, except to the Lord alone.

Basically. Don’t have sex with animals. Just. Don’t.

20And you shall not mistreat a stranger, nor shall you oppress him, for you were strangers in the land of Egypt.

21You shall not oppress any widow or orphan.

22If you oppress him, [beware,] for if he cries out to Me, I will surely hear his cry.

23My wrath will be kindled, and I will slay you with the sword, and your wives will be widows and your children orphans.

This is crucial – how we treat others? Matters to Hashem.

And y’all better treat me well – I am an orphan. Just saying.

I promise – I won’t cry out to Hashem because you are oppressing me. Why? Because I have done my share of oppressing. If I judge you, I judge myself. Y’all are safe.

24When you lend money to My people, to the poor person [who is] with you, you shall not behave toward him as a lender; you shall not impose interest upon him.

25If you take your neighbor’s garment as security, until sunset you shall return it to him,

26for it is his only covering; it is his garment for his skin. With what shall he lie? And it shall be [that] if he cries out to Me, I will hear because I am gracious.

The theme here is how we treat stuff and people. We have responsibility.

What is your take?

Here are my thoughts from the past two years:

Tyler’s Torah Thoughts for 23 Shevat, 5783

Happy Valentine’s Day; or as in the Miller family we refer to it as “Aviyah’s birthday!” Hard to believe she is five!

Digging into to todays portion I’m struck by the power dynamics discussed. And as I posted earlier, I bring with it a new dynamic; this idea of majesty.

I think the simple message of these passages is treating ourselves and others as the royalty we are. And when we fail in this endeavor, the Torah compensates based on the failure to do this.

I see it in the payments made; the ones who have the least power get the most compensation.

When we treat others, we must treat ourselves, and them as royalty.

Even considering sorcery. The idea that there is a power outside of Hashem’s majesty and the majesty of creation itself is worthy of death.

How are you living out your majesty today?

Thoughts?

Tyler’s Torah Thoughts for Shevat 23, 5782

Today we continue the mitzvahs designed to draw us closer to Hashem. If we reflect the attitude that these are opportunities, and not legal guidelines, it does seem like there is more space to connect with them.

We concluded the mitzvahs related to negligence and theft here:

1. If a man leads his animal into a field or a vineyard, whether he lets his animal loose (and it tramples crops) or it eats in another’s field, he must pay (compensation with land from) the best of his field or the best of his vineyard.
2. If a fire goes forth (even by itself) and (spreads through) thorns to destroy a stack of grain or standing grain, or (it scorched a plowed) field, (requiring it to be plowed again) the one who ignited the fire must pay (compensation, even though he lit the fire in his own property).

My takeaway here is that our actions impact others. Hashem is saying we are accountable for how we impact those around us; even if we didn’t intend to. Given where we are today as society, I think this is a really hard mitzvah to connect with.

Next we talk about theft, loans, etc. it’s kind of confusing, but Rabbi Isaiah Horowitz gives us some things to chew on as we dig into this section of the mitzvahs:

“The Torah describes four guardians: the unpaid guardian (v. 6-8), the borrower (v. 13-14), the paid guardian (v. 9-10), and the renter (v. 14). In a case of loss, the unpaid guardian swears on all losses and is absolved; the borrower pays for everything; and the paid guardian and the renter swear in the case of breakage, robbery, and death and are absolved, but pay for loss and theft (Babylonian Talmud)

The unpaid guardian represents the man who feels that he was created only to serve God.

He sees his life and possessions as Divine “property” which has been placed in his trust, and he does not feel that God owes him anything in “compensation” for his efforts.

The borrower benefits from what he borrows, and the owner enjoys no benefit. This represents the man who seeks self-fulfillment alone. He does not feel that he owes anything for the use of life’s blessings, even though he may acknowledge who the ultimate owner is.

The renter resembles the borrower in that he prioritizes the fulfillment and enhancement of self, but nevertheless, he feels that he ought to earn this privilege by “also” serving his Creator.

The paid guardian is like the unpaid guardian in that he sees the fulfillment of God’s will as the ultimate purpose of life. He differs only in that he reserves for himself a level of self-interest. Feeling that he also deserves some independence in return for his work as a guardian of God’s property (end quote)

I know for me, i vacillate between the unpaid and the paid guardian. And take that with me as I read the next section. How about you? Where do you see yourself? Let’s dig in;

1. If a person gives his friend money or articles for safekeeping (and does not pay him for his services) and they are stolen from the man’s house, then if the thief is found, he must pay twofold (to the owner).
2. If the thief is not found, the homeowner must approach the judges (if he is challenged by the owner, to swear an oath) that he has not laid his hand upon his friend’s property (and then he is exempt from compensation, since he was not paid for his services)
3. In every case of dishonesty (when swearing an oath, whether it is) about an ox, about a donkey, about a lamb, about a garment, or about any lost article if (a witness) will say that “This thing here (is the very thing which you swore about, saying that it was not in your possession)!” – then the claims of both parties shall come to the judges, and whoever the judges declare guilty must pay twofold to his friend.
4. If a man gives his friend a donkey, an ox, a lamb, or any animal for safekeeping (and pays him for his services), and it dies, breaks a limb, or is captured without witnesses, (then the dispute) between the two of them (is decided by the guardian swearing) an oath to God that he did not lay his hand upon his friend’s property (to use it for himself). Its owner must accept (the oath), and (the guardian) does not pay. (However), if it is stolen from him, he must pay its owner.
5. If it (the animal) is torn apart (by a wild beast), he may bring witness(es to prove that he was not negligent) with it, and then he does not have to pay compensation for the torn (animal, so long as he could not possibly have saved it)
6. If a person borrows an animal from his friend and it breaks a limb or dies, and its owner is not (working for the borrower), he must pay compensation. If its owner is (working for the borrower), he shall not pay.
7. If the article was hired, it came (into his possession) for its hiring fee.

So now I’m reflecting on this. What I see clearly here is the idea of agency and power, and how has it formed within us and Hashem, and between us and others? We see power dynamics being discussed; lender/borrower, employment (a lender who is working for the borrower vs not), the guardian/owner. We see a lot of relational dynamics here. And in each case, the person with the most agency tends to defer to the person with the least agency and power. In the Torah, we see the deference paid to those who are in a less powerful position. Consistently.

Ok. Next we have some behaviors that are being challenged here:

1. If a man seduces a virgin who is not married and sleeps with her, he must pay a dowry and must marry her. ” If her father refuses to give her to him in marriage, he must pay (a fixed) weight of (50) silver (shekels, which is) the usual dowry money for virgins.

Rabbi Hezekiah b Manoah talks about the natural shift here; “After the Torah finishes detailing the laws regarding the theft of money, it begins to discuss the laws regarding the theft of the heart, namely the seducer.”

That is an interesting shift and concept to chew on.

2. Do not allow a sorceress (or sorcerer) to live.

Ok. Full stop here. The Torah acknowledges there are sorceress and sorcerers! Whoa.

3. Any person who sleeps with an animal must be put to death (by stoning).
4. Whoever slaughters to gods other than God alone must be destroyed, (I.e. put to death).

Finally, we close todays portion with helping the unfortunate and respecting leaders;

1. You should not verbally harass a foreigner (I.e. a convert), nor oppress him (by robbing his property), because you were foreigners in the land of Egypt.
2. You shall not oppress (any person, especially) a widow or orphan. If you do oppress him, (beware) -for if he cries out to Me, I will hear his cry, and My anger will be kindled, and I will kill you with the sword. (Furthermore, there will not be witnesses to your death, so) your wives will be (chained) widows, and your orphaned children (will be unable to inherit your property).

Rabbi Abraham ibn Ezra writes this:

“Although the subsequent verse discusses the case of one who oppresses, and is written in the singular, this warning. “You should not oppress,” is written in the plural. This suggests that not only will the one who torments the widow and orphan be punished, but so will those who fail to intervene on their behalf. They will be considered to have shared in the tormenting.”

I’m reflecting on how silence in the face of injustice is just as much an issue as the oppression itself.

3. When you lend money, (prioritize first) My people (i.e. Jews), the poor person, and (the inhabitant of your city) who is with you.
4. (If you know he cannot yet repay your loan,) do not behave towards him as a lender (claiming your money forcibly), and do not place interest payments upon him.
5. If he fails to pay the loan on time and) you take your friend’s (daytime) garment as security, you must return it to him (for the entire day), until the sun sets.
6. (You must also return his night garments by night,) for it is his only covering; it is his garment for his skin. With what shall he sleep? If he cries out to Me. I will listen, because I am compassionate.

So again, the Torah is clear In navigating those who have power and those who do not.

Interesting read today? What are your takeaways?