Tyler’s Torah Thoughts for 26 Shevat 5784
Parsha Mishpatim: (Exodus 21:1 – 24:18)
First Portion: Exodus 21:1 – 21:19
Second Portion: Exodus 21:20
Good morning! This morning I am going to catch us up on the first two portions of this weeks’ Parsha. This Parsha is Mishpatim, which means “laws.” Which is interesting since the Torah itself often gets interpreted as “laws.” These are the laws given after the 10 commandments. And it is unique that the parsha STARTS with the word “And.” It connects this portion to Jethro. I wonder if that is ALSO because Jethro is still the impetus here?
1And these are the ordinances that you shall set before them.
2Should you buy a Hebrew slave, he shall work [for] six years, and in the seventh [year], he shall go out to freedom without charge.
3If he comes [in] alone, he shall go out alone; if he is a married man, his wife shall go out with him.
4If his master gives him a wife, and she bears him sons or daughters, the woman and her children shall belong to her master, and he shall go out alone.
5But if the slave says, “I love my master, my wife, and my children. I will not go free,”
6his master shall bring him to the judges, and he shall bring him to the door or to the doorpost, and his master shall bore his ear with an awl, and he shall serve him forever.
This first part is all about Hebrew slavery. The Children in Israel – after LEAVING Slavery in Egypt – somehow must have found a way to become enslaved again.
My guess? It had to do with not staying connected to the Torah; remember – on Saturday, we read what Hashem wants:
- Make an Altar to Hashem
- Slaughter the things we are holding onto
- Receive Hashem’s blessing
- The Altar should be natural
- Dignity
This is freedom and relationship. Transformational love. It is interesting that immediately, Hashem and Moses begin the ordinances when we find ourselves enslaved. Because of fear.
I have been doing a meditation practice around anxiety. In the 10% Happier app, I am learning about anxiety –
“The State of Uneasiness and Apprehension about future Uncertainties.”
Simply put – Anxiety is overestimating a potential threat or underestimating our ability to cope with this threat.
Anxiety causes us to react quickly and not respond in wisdom or discernment. It would seem these verses are all about what to do AFTER we fall into the trap of anxiety. Let’s keep going:
7Now if a man sells his daughter as a maidservant, she shall not go free as the slaves go free.
8If she is displeasing to her master, who did not designate her [for himself], then he shall enable her to be redeemed; he shall not rule over her to sell her to another person, when he betrays her.
9And if he designates her for his son, he shall deal with her according to the law of the daughters [of Israel].
10If he takes another [wife] for himself, he shall not diminish her sustenance, her clothing, or her marital relations.
11And if he does not do these three things for her, she shall go free without charge, without [payment of] money.
Reading this passage creates a lot of feelings. I can judge these passages as treating women like property. And I can also see how this is a result of anxiety. How the Children of Israel navigated Anxiety. Which I imagine there was a lot of.
Coming out of slavery, living in the wilderness. I would imagine there was a lot of people who were experiencing “The State of Uneasiness and Apprehension about future Uncertainties.” And overestimating potential threats, and underestimating their ability to handle threats.
It would seem as we move from grief, we get to anxiety, doesn’t it? Getting out of Egypt requires grief. Moving into the wilderness, there is a lot of anxiety it would seem. Let’s keep going.
12One who strikes a man so that he dies shall surely be put to death.
13But one who did not stalk [him], but God brought [it] about into his hand, I will make a place for you to which he shall flee.
14But if a man plots deliberately against his friend to slay him with cunning, [even] from My altar you shall take him to die.
15And one who strikes his father or his mother shall surely be put to death.
This section is interesting. If anxiety causes someone to kill someone (“God brought it about into his hand”) there is still freedom. But if you PLOT it out? That’s worthy of death.
And this also seems to bring a nuance to one of the 10 commandments, doesn’t it?
I am reflecting on how anxiety impacts our ability to see nuance.
Lets keep going
16And whoever kidnaps a man and sells him, and he is found in his possession, shall surely be put to death.
17And one who curses his father or his mother shall surely be put to death.
18And if men quarrel, and one strikes the other with a stone or with a fist, and he does not die but is confined to [his] bed,
19if he gets up and walks about outside on his support, the assailant shall be cleared; he shall give only [payment] for his [enforced] idleness, and he shall provide for his cure.
The first portion seems to close with a similar theme – kidnapping someone requires plotting. In an argument, when anxiety would be raised, and you overestimate a threat? You are clear. You just need to provide for care.
So it would seem AFTER giving us the 10 commandments, the Torah seems to be focusing on our anxiety, doesn’t it?
Ok – let’s look at the second portion:
Second Portion: Exodus 21:20 – 22:3
20And should a man strike his manservant or his maidservant with a rod, and [that one] die under his hand, he shall surely be avenged.
21But if he survives for a day or for two days, he shall not be avenged, because he is his property.
So – even though we read about servants and how to treat humans – even ones who are “possessions” to a man, we see the Torah here CLEARLY viewing these slaves as human. A master striking his manservant and maidservant with a rod? Worthy of death.
22And should men quarrel and hit a pregnant woman, and she miscarries but there is no fatality, he shall surely be punished, when the woman’s husband makes demands of him, and he shall give [restitution] according to the judges’ [orders].
23But if there is a fatality, you shall give a life for a life,
24an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot,
25a burn for a burn, a wound for a wound, a bruise for a bruise.
So. This is interesting isn’t it? Quarreling – connects to anxiety. And if that anxiety causes a pregnant woman to miscarry – but the woman survives? There is financial restitution for that.
It is CLEAR we are responsible for what we do in our anxiety. Anxiety is NOT an excuse. However, there is some grace for anxiety. The Torah acknowledges unsafe fear (how I would define anxiety) has consequences.
And. If a pregnant woman is KILLED by anxiety? We get the famous passage – Eye for an eye.
And. It is INTERESTING this is connected to a pregnant woman, isn’t it? Why?
My reflection is on the value of a woman who is in the process of manifesting something – we think babies. But what if a woman is working on manifesting something like a home. If the home is destroyed, that’s one thing. But if the woman/womb is destroyed (or even damaged?) that is different!
Pregnant women in the Torah are REVERED – because they are in the process of creation.
My takeaway? Let’s keep anxiety away from pregnant woman. I wonder if that is because that anxiety gets transmuted to the child/manifestation. Something to reflect on.
26And if a man strikes the eye of his manservant or the eye of his maidservant and destroys it, he shall set him free in return for his eye,
27and if he knocks out the tooth of his manservant or the tooth of his maidservant, he shall set him free in return for his tooth.
We go from pregnant women to manservant/maidservants. The person hurting them? Doesn’t need to lose an eye. They are just called to set them free. That is fascinating!
28And if a bull gores a man or a woman and [that one] dies, the bull shall surely be stoned, and its flesh shall not be eaten, and the owner of the bull is clear.
29But if it is a [habitually] goring bull since yesterday and the day before yesterday, and its owner had been warned, but he did not guard it, and it puts to death a man or a woman, the bull shall be stoned, and also its owner shall be put to death,
30insofar as ransom shall be levied upon him, he shall give the redemption of his soul according to all that is levied upon him.
31Or if it gores a young boy or a young girl, according to this ordinance shall be done to him.
So again – we get an “accidental” goring – the bull is responsible – the bull dies. But the owner is cleared.
HOWEVER. If the owner was warned? And someone is killed? The owner is responsible to the point of death.
I reflect here – there is grace with anxiety – but there is ALSO responsibility. We have the responsibility for creating safety for others – especially if we are aware of a threat.
Now, the Torah sees a difference with manservants and maidservants:
32If the bull gores a manservant or a maidservant, he shall give silver [in the amount of] thirty shekels to his master, and the bull shall be stoned.
33And if a person opens a pit, or if a person digs a pit and does not cover it, and a bull or a donkey falls into it,
34the owner of the pit shall pay; he shall return money to its owner, and the dead body shall be his.
35And if a man’s bull strikes his friend’s bull and it dies, they shall sell the live bull and divide the money received for it, and they shall also divide the dead body.
36Or if it was known that it was a [habitually] goring bull since yesterday and the day before yesterday, and its owner does not watch it, he shall surely pay a bull for a bull, and the dead body shall be his.
So we see – the owner of the bull (or the creator of the pit) is responsible for what happens.
Anxiety, it would seem, is not an excuse. We are responsible for our anxiety – thought we are less responsible than if we act in our safety. Plotting from a place of safety is different than reacting out of anxiety.
37If a man steals a bull or a lamb and slaughters it or sells it, he shall pay five cattle for the bull or four sheep for the lamb.
22:1If, while breaking in, the thief is discovered, and he is struck and dies, [it is as if] he has no blood.
2If the sun shone upon him, [it is as if] he has blood; he shall surely pay. If he has no [money], he shall be sold for his theft.
3If the stolen article is found in his possession whether a bull, a donkey, or a lamb live ones, he shall pay twofold.
We close this passage with theft. A thief who gets away with it? Owes 5x or 4x what he stole. A thief in the night who is found and is killed? No blood on anyone’s hands. If he makes it through the night? He will pay. If the thief can’t pay? He will be sold for his theft. This is an indicator on the conditions someone would become a slave.
Ok. So the big takeaways today?
Anxiety is real. Our freedom from slavery will produce anxiety. How we navigate that anxiety is crucial. We are responsible for our behavior in our anxiety. And. There is also grace in our anxiety.
Those are my thoughts. What are yours?
Here are my thoughts from the past two years:
First portion:
Tyler’s Torah Thoughts for 21 Shevat, 5783
It’s a new week. I think our last full week before the new moon and new month. Adar starts a week from Wednesday!
In reading todays passage, the thoughts from a year ago still seem really salient. Where are we on our journey to liberation and freedom? How are we feeling? Emotionally Enslaved? Free? Somewhere in the middle?
Something I’m chewing on today. This upcoming week is going to be super busy.
May your day be free, and your evening enjoying the “big game” or doing whatever else you plan on doing!
Thanks for joining me!
Tyler’s Torah thoughts for Shevat 21, 5782
A new week! A new Parsha! This week we are studying Parsha Mishpatim. This word means “laws.” One of the interesting things about the Parsha is that it begins with the word “and.” This connects it to our previous Parsha.
From the Torah version I’m reading;
“it connects with the previous Torah portion; the revelation at Sinai. Even these laws, which are rationally dictated by the human mind, ought to be observed because they are God’s commands. It is only that God wanted these commands to be understood by man (us).” The laws written here speak to the idea of negligence, compassion, and hearsay. For negligence, we must “be conscious of our actions and what could result from them.” For compassion, although we ought to be compassionate to everyone, “the Torah stresses our obligations to be mindful of the feelings of widows and orphans. Their loss and constant pain makes any additional hardship harder to bear.”
On hearsay, the Torah warns judges; “Do not listen to a false report.” Only eyewitness testimony may decide a person’s fate. “Believing rumors about others can destroy friendships and even lives. When hearing something negative about another, make sure you verify the information before you act on it.”
Let’s dig in!
Todays portion starts with “and these are the laws you should set before them.”
This connects the revelation today Sinai to these laws. These aren’t hallow things we ought to follow. These are responses to the revelation of Hashem. These are things we should do to connect to that revelation.
Here they are:
- If you buy a Hebrew slave (who is sold into slavery by the court because he could not repay his theft), he shall work six years. But in the seventh year. He is to be released without liability.
- If he was unmarried when he entered (service, he may not marry a non-Jewish slave-woman during his period of service). He shall be released unmarried.
- If he is married to a Jewish woman when he enters service. The master must provide food for the wife and children until he is released with his wife.
- If his master gives him a (non-Jewish slave woman for a) wife, and she bears him sons or daughters. Then (when it is time to dismiss the Hebrew slave) the woman and her children will remain her master’s property, and he is dismissed alone.
- If the slave says “I love my master, my (non-Jewish) wife, and my children. I will not go free.” His master will bring him to the the judges (of the Jewish court that sold him as a slave in the first place). Standing the slave next to a door, which is attached to a doorpost, his master shall pierce his right ear with a pointed tool. He must then serve his master “forever.” – until the jubilee year.
- If a man sells his daughter as a child maidservant, she shall not be freed the same way that non-Jewish male slaves are released. (I.e. through the loss of a tooth or an eye. Rather she must work for six years, or until the jubilee year, or until she shows signs of puberty – whichever come first.)
- If she is displeasing to her master (and he decides) not to designate her for himself (as a future wife, an act which the Torah recommends), the he must let her be redeemed. If he does betray her (by not designating her as his future wife), he does not have the right to sell her to another person.
- If the master chooses instead to designate her for his son, he must treat her like any other girl (providing her food clothing and marital relations)
- If (he keeps the maidservant as a wife and) then he takes another wife for himself, he may not diminish (from the maidservant) her sustenance, her clothing, or her times of marital relations.
- If he does not do these three things (designating her for himself, or for his son, or redeeming her) she shall be released without liability or payment (if she shows signs of puberty).
Ok. Let’s stop here. I’m feeling some feelings. I’m guessing if you are reading this you are too. I want to first recognize I am judging this passage based on todays culture and standards. And this passage is completely outside the bounds of my understanding of humanity and the value of a life. It’s outside my bounds of understanding in how men and woman ought to be treated.
But first things first. We just received the 10 commandments last week. AND now immediately we are given (for lack of a better term) “the 10 commandments of slavery?”
Rabbi Menach Mendel Schneerson wrote this;
Why did the Torah record the laws pertaining to slaves before all other civil laws? There is nothing in the world more difficult for a human being to bear than to be under the control of another human being. The Torah therefore began with the law of slaves: the slave is in the most disheartening of circumstances, so his needs are addressed first (Rabbi Abraham ibn Ezra, 12th century).
The slave’s freedom is reminiscent of both the exodus from Egypt and the Sabbath, since the slave works for six years and rests on the seventh. Since this law alludes to matters of paramount religious importance, it was recorded first (Nahmanides, 13″‘ century).
The Zohar teaches that the laws of servitude are symbolic of the descent of the soul into the body: The Canaanite slave refers to the initial stages of man’s worship, when he must overcome the influence of the animalistic impulse that lusts for worldly pleasures. This is accomplished with fear of the Master and acceptance of His yoke. The person coerces his animalistic impulse to conform to the wishes of the Master, at least on the practical level.
The Hebrew slave has reached a higher level. In him, the Divine attributes of his Godly soul illuminate his animal side, influencing it to feel some desire for Godliness. Nevertheless, the worldly desires of the animal instinct have not been completely quieted or subdued.
The highest level of Divine service is symbolized by the Hebrew maidservant. One of the goals of the Hebrew maidservant is her eventual marriage, unity with a spouse (Maimonides, 12 century). Similarly, when the soul is sent on its earthly journey into a body, the ultimate goal is a total unity (marriage) with God. Thus, the Hebrew maidservant represents the person whose desire for worldly pleasures has been completely sublimated and transformed to desire only Godliness (End Quote).
I’m sitting with this. It’s certainly a shift in dynamics between my initial read and the power dynamics and Schneerson’s read.
When I read the 10 commands of slaves/masters – where do I insert myself into the story? Do I see myself as the master? Do I see myself as the non-Jewish slave? Do I see myself as the Jewish slave? Do I see myself as the maidservant? I need to engage with all of that to insert myself into each part of this; to develop a fuller picture of what Hashem wants.
My takeaway is this; this all began with a person who stole. The idea of receiving revelation at Sinai and then immediately focusing on stealing, is an interesting juxtaposition. Kabbalah has something to say about this;
“What an anticlimax! After the awesomeness of the Sinaitic event we now turn to the story of a thief who got caught? There is, however, a profound lesson here. After every epiphany, those moments of spiritual elation where you feel connected and inspired, there is the danger of an immediate and substantial regression as soon as the moment passes. After feeling God’s presence, His subsequent absence is all the more marked. So when inspiration passes, leaving you in a vacuum, you might be tempted like the thief, who acts selfishly because he thinks no one is watching. Therefore, the first spiritual malady that the Torah addresses after the revelation at Sinai is the thief who got caught.”
Wow!
In case you can’t tell with my Torah thoughts lately, I’ve been experiencing the closeness of Hashem on a regular basis. He has been my comfort in the desert; my rock when the world is crumbling. He has given me so many gifts! And yet there will be coming (quite soon I imagine) a time where He will subside in his revelation for me. The question is how do I respond? Do I take the knowledge of what I am learning and deepen it? Or do I act like no one is watching? This is a tremendous warning and thought for me moving forward!
Ok; let’s close out todays portion;
- A person who strikes another man is only put to death if the victim dies
- If a person did not ambush another, and he did not intend to kill him, but God orchestrated it to happen to him, then I will make a place for you where he can find refuge.
- Only if a man plots deliberately against another Jew to kill him and his strike is intended to kill) should he be put to death. This applies even to a priest who wishes to serve on My altar.
- If a person strikes his father or mother causing a bruise he must be put to death (through strangulation).
- If a person kidnaps a man, and witnesses found him in his possession (before he was sold) he shall be put to death by strangulation.
- A person who curses his father or mother shall be put to death through stoning
- If two men quarrel, and one strikes the other with a stone or a fist, and he does not die but is confined to his bed, the aggressor is put in jail, until it is determined if the victim will survive. If he gets up and walks about outside unaided, then the aggressor is acquitted. He need only give compensation for the victim’s inability to work, and he must pay all his medical fees.
Something interesting her about the kidnapping piece above. Rabbi Saadiah b Joseph Gaon writes “Why is the prohibition of kidnapping placed in between the prohibitions of hitting and cursing parents (v. 15 and 17)? Generally speaking, it is children who are kidnapped and not adults. The children then grow up away from their parents and do not recognize them or form a close relationship with them. This presents the possibility of a child cursing or hurting his parent, which otherwise would be unthinkable.”
It is interesting to me that even in the Old Testament, there is grace and mercy and Hashem has thought through even the smallest possibilities for something to happen that would require a compassionate response!
Ok. That’s todays portion! What are your thoughts?
Second Portion:
Tyler’s Torah Thoughts for 22 Shevat, 5783
Good morning! As I engage with Torah this morning I’ve been reflecting on the idea of curiosity and not judgment. How critical it is on how we approach the Torah each and every day. If we instead of asking “why did Hashem tell us to do this? Why did Hashem put us in this prison with this obligation?” We ask “what does Hashem want me to learn here? What can I glean from this about Hashem’s love for me?” Those are very different approaches to Torah.
Being curious about Torah is something I’m learning. I think growing up, there was a lot of judgment.
One of the things I read from a year ago is a lot of curiosity. But not a lot of answers.
As I read it today, one thing jumps out at me; intent.
Questions like; why was one day of death required for severe punishment vs 2-3 days of death? Because I think it connects with the force and drive of the master: to kill someone immediately or within one day means the master did what they needed to in order to ensure they died.
Likewise; with the ox. If the owner of the ox knew the ox was a problem, that’s a different level of responsibility than an accidental goring.
Which leaves us with a paradox.
Intent matters. On one hand. To Hashem, if we do something intentionally – or do something we know is irresponsible, or foolish, we are held to a different standard than had we not known.
And. When it comes to the person who is hurt by our actions, intent is not as relevant. Sure the consequences are different. But “assuming good intent” means we are still responsible for our behaviors – even if our intentions are good- or we are unaware. There is STILL a penalty. Even if we had good intentions; if we hurt or harm another, we compensate them.
That’s an interesting paradox. Because our intent matters when it comes to restoring relationship, but not when it comes to responsibility for our actions.
Just something I’m reflecting on today. Your thoughts?
Tyler’s Torah Thoughts for Shevat 22, 5782
As we continue with Mishpatim (“laws”) I think it’s important to recenter ourselves on the purpose of these laws. The goal here isn’t to have Hashem sit on His cosmic throne with a hammer waiting to mete of justice. We have experienced in the Torah so much of Hashem’s grace, kindness, compassion and love that these laws are for us. They are given to us. They are designed to draw us closer to Hashem. They aren’t negative (which I think is the perception of many of us, myself included) and I am on a journey to discover their compassion. As challenging as the Torah is, we are reminded just how much we are loved.
I’m also reflecting on how when the Jews left slavery in Egypt, it “feels” like they became “enslaved” to the laws. I am not sure that’s accurate though. I am reflecting on how when feeling trapped or suffocated, when being freed and liberated there may be a belief that you (we) can do what ever we want. And I think that’s a natural human instinct. Like an animal released from a cafe, our animal souls want to engage in all of the things we couldn’t before.
Hashem here is saying “there are boundaries. Your Neshama (Godly soul) wants to be connected with me; if your animal soul goes too far, your Neshama is going to have a difficult time returning.” I think (and I’m open to being wrong here) that is why these commands are given to us. They provide a stable framework for us to know where the animal soul ends and the Neshama begins. Let’s dig in to todays portion:
- If a man strikes his male or female non-Jewish slave with a rod, and the slave dies under his hand (within 24 hours, the slave’s death) must be avenged (I.e. the killer is executed by the sword). However, if the slave survives for a day or two he should not be avenged because he is his master’s property.
Ok. My brain first needs to remember what caused the slavery to begin with. We aren’t talking chattel slavery – like in the United States – where human beings were stolen from their homes and taken as property. It is easy to connect these passages to slavery in America. I don’t think that’s a fair connection. The Torah speaks of individuals who steal and cannot repay – and the court sells them into slavery to pay off their debt.
Next, why one day avenging but more than that- no avenging? I’m still chewing on that. Would love your thoughts.
- If two men quarrel with each other and accidentally hit a pregnant woman, and she miscarried, But the woman does not suffer fatal injury, the assailant must pay a penalty. When the woman’s husband takes him to court and makes demands of him, then he must give compensation according to the judges orders.
- If there is a fatal injury to the woman, you shall give a life for a life.
So let me stop here. I’m going to speak on a VERY controversial topic. The Torah does seem to indicate here that a fetus is not the same as a human being born on this earth. Because if a fetus dies due to an assault, the only time it was considered murder worthy of a life was if the mother dies. It’s hard to read the Torah and see it another way.
This is not to say abortion is right/wrong; in fact we aren’t dealing with the intentional taking of a fetus’ life. But at least here, the Torah is saying there is a difference in value between a mothers death and her fetus’ death.
- Compensation must be paid; an eye for an eye (injury, the value of) a tooth for a tooth (injury, the value of) a hand for a hand (injury, and the value of) a foot for a foot (injury).
- (Compensation must be paid for pain suffered in the following cases: the value of) a burn for a burn (the value of) a wound for a wound, (plus compensation for loss of income, healing, embarrassment where appropriate, and the value of) a bruise for a bruise.
- If a man strikes the eye of his male (non-Jewish) slave or the eye of his female (non-Jewish) slave and destroys it, he shall set him free in compensation for the eye. If he knows out the tooth of his male (non-Jewish) slave or the tooth of his female (non-Jewish) slave, he shall set him free in return for his tooth.
So basically what I read here is if you mistreat a slave, even to the point they lose a tooth, you shall set them free.
Alright. Let’s move on to some laws pertaining to negligence and theft;
- If an ox (or any other animal) gores and kills a man or a woman, the ox must be stoned. (After the ox is sentenced, even if it is slaughtered, and not stoned, its flesh may not be eaten (nor may benefit be derived from it). The owner of the ox is innocent.
- If it is a habitually goring ox, both yesterday and the day before (i.e. on three occasions), and its owner had been warned (in the presence of witnesses), but he did not guard (the ox properly) and it kills a man or a woman, then the ox shall be stoned.
- Also, its owner is (punished) with death (through the hands of heaven). Therefore, an atonement fine must be imposed upon him. He must give whatever is assessed against him, in order to redeem his soul. This law is (also) applied to (a person whose animal) gores a young boy or a young girl.
- If an ox gores a (non-Jewish) male slave or female slave, (the owner of the ox) must give (a fixed penalty) of thirty shekels of silver to (the slave’s) master. The bull is stoned.
- If a person opens (the cover of) a pit, or if a person digs (an existing) pit (making it larger) and does not cover it, and then an ox or a donkey (or any other animal) falls into it, the one responsible for the pit must pay (compensation, either) giving money (or any produce of value) to its owner. The dead (animal) belongs to (its original owner).
- If a man’s ox strikes his fellow’s ox and it dies, (the owner of the attacking ox pays half the value of the loss, up to the value of the attacking ox. Thus if both oxen are of equal value) they (could settle) by selling the live bull and dividing the money received for it, and dividing the (value of the) carcass.
- Alternatively, if it was known to be a habitually goring ox, since yesterday and the day before (i.e. it gored three times), and its owner does not watch it, he must pay (full compensation) an ox for an ox. The dead (animal) belongs to (its original owner).
Ok. Let’s stop here. I appreciate the Torah is distinguishing between an accident and negligence. Both are compensated for. Because there was an accident, you are still responsible – saying “it’s not my fault” doesn’t absolve you of accountability. However, if you are negligent and the incident occurs, there is more accountability on your part.
- If a man steals an ox or a lamb and slaughters it or sells it, he must repay five oxen for the ox or four sheep for the lamb. (This only applies to oxen and sheep.)
- If (a person) strikes and kills a thief who is discovered tunneling (into his house) it is not considered bloodshed (i.e. he is not guilty of murder). If the sun shone upon him (i.e. it is obvious that the thief did not intend to kill) it is
considered bloodshed.
Interesting – the Torah distinguishes intent here. If the person who owned the house knows this person wasn’t there to kill, and kills the thief, then the person is guilty of bloodshed.
- (The thief) must pay (full compensation for what he stole). If he has no money, he shall be sold (to slavery) for his theft.
And here is the rule that goes back to the beginning of the parsha. This is how one ended up a slave.
- If the stolen article is found in his possession, whether a live ox, a donkey, or a lamb (or any other object) he must pay double.
This last one is an interesting juxtaposition with #8 above. If the thief has the item, he only pays double. If he eats or sells it, he pays 5x. I wonder if there is a recognition on the Torah’s part around need. If someone steals an ox, but is using it to plow grain because they needed it, the compensation is less than if they stole the ox and sold it or used it for food.
One needs to eat, of course. But using a stolen ox to plow for food or to produce milk is a better use because of sustainability than selling it and eating it. Especially if you can mate the animals and produce offspring.
Some interesting thoughts on the laws for today.
What do you think?
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