Parshas Mishpatim - 5764

Dr. Laura Schlesinger is a U.S. radio personality who dispenses advice to people who call in to her radio show. Recently, she said that, as an observant Orthodox Jew, homosexuality is an abomination according to
Leviticus 18:22, and cannot be condoned under any circumstance.

The following is an open letter to Dr. Laura penned by a U.S. resident, which was posted on the Internet:

Dear Dr. Laura:

Thank you for doing so much to educate people regarding God's Law. I have learned a great deal from your show, and try to share that knowledge with as many people as I can. When someone tries to defend the homosexual lifestyle, for example, I simply remind them that Leviticus 18:22 clearly states it to be an abomination. End of debate. I do need some advice from you, however, regarding some of the other specific laws and how to follow them:

1. When I burn a bull on the altar as a sacrifice, I know it creates a pleasing odor for the Lord - Lev.1:9. The problem is my neighbors. They claim the odor is not pleasing to them. Should I smite them?

2. I would like to sell my daughter into slavery, as sanctioned in Exodus 21:7. In this day and age, what do you think would be a fair price for her?

3. I know that I am allowed no contact with a woman while she is in her period of menstrual uncleanliness - Lev.15:19- 24. The problem is, how do I tell? I have tried asking, but most women take offense.

4. Lev. 25:44 states that I may indeed possess slaves, both male and female, provided they are purchased from neighboring nations. A friend of mine claims that this applies to Mexicans, but not Canadians. Can you clarify?
Why can't I own Canadians?

5. I have a neighbor who insists on working on the Sabbath. Exodus 35:2 clearly states he should be put to death. Am I morally obligated to kill him myself?

6. A friend of mine feels that even though eating shellfish is an abomination - Lev. 11:10, it is a lesser abomination than homosexuality. I don't agree. Can you settle this?

7. Lev. 21:20 states that I may not approach the altar of God if I have a defect in my sight. I have to admit that I wear reading glasses. Does my vision have to be 20/20, or is there some wiggle room here?

8. Most of my male friends get their hair trimmed, including the hair around their temples, even though this is expressly forbidden by Lev.19:27. How should they die?

9. I know from Lev. 11:6-8 that touching the skin of a dead pig makes me unclean, but may I still play football if I wear gloves?

10. My uncle has a farm. He violates Lev. 19:19 by planting two different crops in the same field, as does his wife by wearing garments made of two different kinds of thread (cotton / polyester blend). He also tends to curse and blaspheme a lot. Is it really necessary that we go to all the trouble of getting the whole town together to stone them? - Lev. 24:10-16. Couldn't we just burn them to death at a private family affair like we do with people who sleep with their in-laws? (Lev. 20:14)?

I know you have studied these things extensively, so I am confident you can help. Thank you again for reminding us that God's word is eternal and unchanging.

****************

RABBI ORLOFSKY RESPONDS:

Dr. Laura would seem to be a poor choice to speak on behalf of the Bible from a Jewish point of view, since she has recently announced that she is no longer practicing Judaism.

So I will try to respond instead.

The writer’s argument is essentially based on the premise that since some things in the Bible don't make sense (to the author of the e-mail), everything in the Bible is now irrelevant.

His argument could apply equally to "Honor your Parents", "Love your Neighbor", "Have Mercy on the Widow and Orphan", as easily as homosexuality. One can argue that those laws are moral, but only because the Bible
introduced them to the world. The morality of ancient Greece and Rome made for a dramatically different society than the one we have today. When we say "Western Morality" we mean the values and morals that have come to us from the Bible. Now it is fashionable to question the Bible based on homosexuality. Soon it may be incest or exhibitionism or any other sexual laws that people claim are their only means of finding fulfillment that will be used as a source to dismiss the Bible.

The writer has taken a number of verses based on a particular interpretation to prove his point. Judaism doesn't say to read the Bible as it is written. There is an Oral tradition that is essential to understanding the Bible.

1. Your neighbors have a valid claim. Sacrifices can only be brought to the Temple in Jerusalem to be offered. As there has not been a Temple there for close to 2000 years, your neighbors have a right to say wait until the
Messiah comes and rebuilds the Temple. Until then, you will have to make due with reading and studying the laws of the sacrifices to try to understand their deep significance.

2. The person who is so destitute that he has to "sell" his daughter is a truly pathetic character. She goes free at the age of twelve if the owner doesn't fulfill his obligation of marrying her off to his son, which is his primary responsibility. Even then the term translated as slavery would be better translated as foster care. The Talmud says anyone who buys a slave buys a master for himself. If you have one pillow the slave gets it. The slave may not be given any demeaning work to do. There are many similar laws. Considering the way children in poverty are treated in many industrial countries, not to mention third world countries, this was probably paradise by comparison.

3. Any woman who you should be having contact with, according to Jewish law has the responsibility to inform you, since the laws of niddah are very serious. The Talmud refers to it as a whisper of death. We take life and
death very seriously. When there was a Temple the laws of purity were observed by all women, now it's only your partner for physical intimacy, which for us means your wife.

4.  Personally, I would not advise either Canadians or Mexicans, since neither country is adapted to the concept of slavery. When the Bible says from the surrounding nations, it means as opposed to the Canaanites themselves, who were so debauched and decedent as to be seen as irredeemable.

Slaves from other nations may be purchased providing they agree (and are not forced) to undergo circumcision and take upon themselves mitzva observance. If not, don't buy them. But those people who sensed that it was a better life to be a slave to a Jew than to a non-Jew might choose to undergo the above procedures, which is akin to what a non-Jew goes through in order to convert to Judaism.

Since this person didn't choose that route, G-d gave him the opportunity to come to the Jewish people through a backdoor, one which as I mentioned he must choose. The slavery he experiences is the slavery the Jewish people had to go through in Egypt in order to reach the levels necessary to become the chosen people. The difference is, he has a Jewish overseer, not an Egyptian (see #2).

5. No, and if you do that is murder. Only an authorized high court of 23 sages can put to death - and only if there are two witnesses and he was warned within three seconds of the action and he understands the laws and
many other requirements so that the Talmud says if the death penalty was given out once in 70 years they called it a "bloody court". So kids, don't try this at home!

6. Your friend is right. You can tell by the punishment. Homosexuality is punished by death, whereas shellfish is punished by lashes. Though neither was likely to be meted out (see #5) it does serve to inform us of the severity of the crimes in the eyes of G-d.

7. You're in luck! Those disqualifications are talking about actual eye disfigurations, so you'll be fine. As soon as the Messiah comes, show up at the Temple in Jerusalem and present your qualifications as a bona fide
descendant of Aaron the Priest and your reading glasses shouldn't disqualify you.

8. Probably of old age, unless they are purposely doing it to show contempt for G-d in which case I would leave it to the True Judge since the Torah doesn't say they receive the death penalty. Unless, of course, they're not Jewish, in which case they can cut their hair however they like.

9. I think you mean the flesh. The skin shouldn't be a problem. Additionally, there is no prohibition of becoming unclean unless you're entering the Temple Mount. In that case you're already unclean from contact with dead humans (cemeteries and the like). Happy football.

10. Cotton and polyester isn't a problem; the law only applies to wool and linen. So they're fine. There is no death penalty for planting different crops, but they should be discouraged. Cursing and blaspheming per se is not
liable to death, only if you're cursing G-d. Then again, you would need witnesses and warning and a high court and all the other requirements. I don't imagine it is likely to happen.

------------------------


I went to the trouble of answering all the individual points not because the writer is interested, but simply because ridicule is an old technique used to confuse people about the legitimacy of their opponents' viewpoint. You don't need to accept all the explanations, but don't be silly and pretend that the Bible was written by a bunch of superstitious Neanderthals. You want to sleep with your in-laws or your mother or your sister or another man, that's your choice. The Bible, which we believe was written by G-d, will condemn it. The death penalty written in the verse is there to teach us that some things are so important that you can forfeit your existence if you do them.

You can say that you don't believe in G-d, you don't believe He gave the Torah, you don't believe in the morality it espouses and that is your choice. Adolph Hitler once said, "We are barbarians. Morality is a Jewish invention." I agree. If you want to reject that, that's your choice. But before you make fun of people’s belief, take the time to understand it.

I don't know if Dr. Laura appreciated your questions, but she may appreciate these answers.

Rabbi Dovid Orlofsky

 


 

D'Var Torah - Mishpatim
By Rabbi Baruch Lederman
        Chesed (Loving Kindness) is a foundation of the Torah. When a Jew lends money to another Jew, he must not charge interest (Ex. 22:24), because the Torah wants this loan to be a noble act of loving kindness, not merely a business transaction.
 
        When we suffer, it is sometimes natural to take out our pain on others. Our reaction must be the opposite. We must use that bad experience to propel us to greater acts of future kindness as the Torah says, we may not be cruel to strangers, because we were strangers in Egypt (Ex.22:20). Since we know what suffering is; we must be more sensitive to the suffering of others.
 
        Since its founding by the Klausenberger Rebbe,  Rabbi Yekusiel Halberstam, the Laniado Hospital in Netanya, Israel, has never had a strike by any hospital employee or work stoppage of any kind. Just as soldiers cannot strike in the midst of battle, the Rebbe taught, so too those involved in healing may not strike no matter how legitimate their grievances.
 
        During the Holocaust, which claimed his wife and their eleven children, the Klausenberger Rebbe vowed that if he survived he would build a monument to chesed that would stand in the starkest possible contrast to the inhumanity of German ``men of culture and science.’’
 
        Laniado  is that monument. It took the Klausenberger Rebbe fifteen years to raise the money to build the hospital. His mission was to show  the world a Jewish approach to healing and that the highest medical standards are fully consistent with the highest halachic standards.
 
        When the Minister of Health scoffed at the Klausenberger Rebbe’s dream, and told him that three permits had already been issued for new hospitals in the Netanya area, the Rebbe replied that none of them would be built. (He was right.) To the Minister’s offer to let the Rebbe supervise religious affairs at the government hospitals in the region, the Rebbe countered  that he would run his hospital and let the Minister affix the mezuzot.
 
        In a speech to the entire staff of the hospital upon its opening, the Klausenberger Rebbe said, ``Our Torah is a Torah of chesed (lovingkindness). Our hospital is indeed a Torah Institution." Building a hospital was another aspect of teaching Torah in the Rebbe’s eyes. He later founded Mifal HaShas under whose auspices thousands are tested on between 20 to 70 folios of Talmud every month.
 
        The average hospital Laniado’s size has six respirators. Laniado has 25  so that no doctor ever has to set priorities in the allocation of respirators. Once a patient was unconscious and believed brain dead on a respirator for 55 days following a near drowning.  Today he is alive and well.
 
        Most important is the attitude to healing with which the Klausenberger Rebbe imbued the staff.  In his opening speech he pronounced the most vital quality for the staff as ``a warm Jewish heart. ‘’ The protocols of the hospital, drafted by the Rebbe, specify that employees should be ``full of love for their fellow Jews and every other human being.’’ The Rebbe told the staff that their goal must always be ``to cure the patient not just cure the disease,’’  and he insisted that concern with their pain was crucial to that task. Asked which of two types of syringe needles the hospital should purchase – one that was slightly less painful or one that was half the price – he immediately ordered the more expensive needles.
 
        Dr. Andre deFreis, the former director-general of Beilenson Hospital,  later served at Laniado. He described the difference in Laniado: ``Here I feel I’m a healer. There is a feeling of being involved in holy work.’’ He told a medical conference, ``At Laniado, I learned that the patient is a person.’’
 
        A man once came to the Rebbe in America to thank him for saving his life.  He had been in critical condition in a hospital for several days, and two young nurses did not leave his side during that entire period.  They explained their dedication, ``We are graduates of Laniado nursing school. And we once heard the Rebbe speak on the merit of saving lives. We felt that with constant attention we could save you.’’
 
        One Rosh Hashana, a woman began to hemorrhage badly during child birth. She needed a massive transfusion of  a rare blood type immediately. An order went out that every student in the adjacent yeshiva should immediately rush to the hospital to have their blood type tested. Prayers were stopped in the middle of Mussaf of Rosh Hashannah. The women’s sister, herself a nurse, told the staff later, ``There is no other hospital where she would still be alive today.’’
 
        The Rebbe told the nursing school students that if they ever heard of a woman contemplating an abortion, they should tell her that the Klausenberger Rebbe would raise the child as his own.  One woman convinced by a nursing school student in this fashion to carry to term a baby she had been told would be deformed, delivered a perfectly healthy baby.
 
        The Klausenberger Rebbe once explained why there have never been any demonstrations in Kiryat Sanz. ``When you come to a place of darkness, you do not chase out the darkness with a broom. You light a candle.’’
 
We thank Rabbi Rashi Simon for submitting the above story, written by Jonathan Rosenblum for the Jerusalem Post. HAVE A GREAT STORY? Please send it to us. We would love to publish it, if possible.

DVAR TORAH: Mishpatim

by Rabbi Baruch Lederman

A man once asked Hillel to teach him the entire Torah while standing on one foot. Hillel answered, "That which is hateful to you, do not do to your friend. The rest is explanation. Go learn."  Rebbi Akiva once made a similar statement: "Love your neighbor like yourself. This is the great rule of the Torah."

 

Parshas Mishpatim, and indeed the entire Torah, teaches us many detailed laws of theft, damage, proper treatment of servants, guarding other peoples property responsibly, tale bearing, honest business practices - the list goes on and on. The great sages Hillel and Rebbi Akiva are teaching us that if we appreciate the other person's point of view with compassion and understanding, we will not come to commit any of these trespasses in the first place, as the following true story illustrates:

 

A woman was walking with her friend. They witnessed a mother berating her young daughter in a brutal manner. The little girl was cringing and you could see the terror on her face. The woman approached the mother. She said with sincere concern and respect, "I can see that you care about your child, and it’s obvious that she has done things to get you angry. I also have children and sometimes lose my temper. I have some ideas that have helped me. You know your child better than I do, but perhaps my experiences can be helpful for you also."

Amazingly, the mother, who seemed just moments ago to be a terrible evil person, calmed down right before their eyes. "I thank you for your offer. I feel at a total loss. I hate losing my temper. But I do it over and over again. I would love it if you could give me some tips."     Indeed, the frustrated mother, with a little help from her friends, went on to make great strides, becoming a more fair and effective parent.

 

The friend, who had observed this whole scene, later asked privately, "All I wanted to do was tell off that horrible mother. I was fuming. No child should ever be treated like that. But if I did tell her off, it probably would have accomplished nothing - maybe even made things worse. You on the other hand treated her with kindness and compassion, and brought about such an incredible turn-around. How did you know to do what you did?"

 

"I never would have had a clue what to do or to think," replied the woman, "But some time ago, I heard a story about the Chofetz Chaim ztz"l that changed my entire perspective. This amazing story has guided and inspired me ever since:"

 

Once, a burly, gruff looking, man who had served in the Russian army, entered a Jewish Inn and ordered a meal. When Jewish boys were drafted, it was usually the end of yiddishkeit for them. The army brainwashed them to worship Mother Russia rather than G-d. He plopped himself down and ate in a most disgusting manner - stuffing an entire chicken down his mouth. It was revolting that this man, a Jew, could conduct himself in so repulsive a manner, not to mention the fact that he did not recite a bracha (blessing) or wear a yarmulke (ritual skullcap) while he ate.

 

The innkeeper and the others present were sickened and embarrassed by this display; though none dared say anything. The Chofetz Chaim (Rabbi Yisroel Meir Kagan) happened to be a guest at that Inn. He saw the young man and slowly approached him. Everyone wondered, what would the Chofetz Chaim possibly say to this man. What could he say? Surely this oaf would not listen to any rebuke, even from such a holy man.

 

The Chofetz Chaim asked the man, "Is it true that you served in the Russian army?" "Yes," snorted the man, bracing his defenses for the oncoming tongue-lashing he was fully expecting.

 

"Tell me," began the Chofetz Chaim, "How did you manage to keep your Jewish identity in those circumstances? So many Jewish boys entered the army, only to eventually give up their Judaism. They are forced to serve for 25 years without any kosher food, Jewish holidays, or any other vestige of Judaism. Yet, when you could have easily gone to any Inn, you chose a Jewish one. You still identify as a Jew. I don't know if I could have done what you did. You are an inspiration. Where did you find the strength?"

 

The soldier, caught off guard and clearly moved, looked straight at the Chofetz Chaim, "It was so hard, they did everything to pound it out of us - to make us denounce and forget that we were Jews."

 

"It is a miracle that you made it through. Now you can begin to learn the Torah and mitzvos that you were deprived of all these years."

 

"But Rebbi, how can I possibly do that," the soldier, now sobbing bitterly, responded. He continued through his tears, "I want to return to my heritage, but I am so far removed. Surely it isn't possible for someone like me to learn."

 

"No," said the Chofetz Chaim, "It is still possible. It is always possible. I can show you how." As the soldier spoke to the Chofetz Chaim, the stones on his heart began to melt. Had the Chofetz Chaim not understood and appreciated this man's perspective, this amazing episode never would have occurred. What did happen was: from that day on, the former soldier began a path to repentance and as the years went by, developed into an observant, well learned Jew.

 

Dedicated by Ivor & Joan Jacobson in honor of their children Russell, Lauren, & Amanda.


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