Parashat Mishpatim

Rabbi Mark S. Kram, Temple Beth Or, Miami, FL.

Exodus 21:1-24:18
Triennial Reading: 21:1-22:3

Boring!  So reads the long list of punishments for misdeeds performed by either individuals or their domesticated animals in our portion.  Most punishments thankfully require a monetary repayment of the debt.  We know something about this today (check out my sermon for this week!)  I discovered a wonderful interpretation for this parasha written by a Conservative rabbi this week.  It refers to my “hero” as many of you know – Yochanan ben Zakkai.

Sidebar:  Yochanan ben Zakkai was perhaps the most important rabbi of 1^st century Judaism.  In fact, his actions assured the dynamic survival of the Jewish people post-Temple destruction.  You are familiar with the story – he was smuggled out of Jerusalem as it was being destroyed, predicted that the local Roman potentate would one day become Emperor and asked a “small” favor.  That is, to be granted a place for a little school north of Jerusalem – Yavneh – for him and his students – remnants of the people.  His wish was granted and we are here today.  (That’s really making a long story short!)

Back to this week’s parasha:  One example from this week’s parasha plays out some of the issues surrounding punishments for crimes committed. Exodus 21:37 states: “When a man steals an ox or a sheep, and slaughters it or sells it, he shall pay five oxen for the ox, and four sheep for the sheep.”

The Torah institutes a severe penalty for stealing livestock. But how can we explain the difference in compensation for the two animals?  The Torah is silent. No explanation is offered for the difference between the two fines assigned to the thief of an ox and a sheep. However, this very silence represents an opportunity for interpreters of the Torah to “tease out” the values that they believe animate this law.

Rabbi Yochanan ben Zakkai sees within this very small and seemingly inconsequential detail, a powerful religious message: Rabbi Yochan ben Zakkai said, “Come and see how much God cares about the dignity of human beings!” WHAT?!

He suggests that because an ox moves by virtue of its own legs, a thief pays five times the original value. Whereas for a lamb, because the thief must carry it on his shoulders, the punishment is only four times the original value.

So in an unlikely place—during a discussion about the fiscal penalties for a thief—Rabbi Yochanan ben Zakkai expressed his profound commitment to the idea that God cares about the dignity of every human being, even sinners! Rabbi Yochanan ben Zakkai offers the almost too compassionate suggestion that because a thief must compromise his human dignity in the act of carrying an animal away (even as he is stealing it!), the fine assessed is mitigated.  If God does – shouldn’t we?

Shabbat Shalom!

Mark