Parshas Mishpatim

Parshas Mishpatim

I once heard from one of my Rosh Kollels regarding why the Parsha begins with the matter of Eved Ivri, a Jewish slave. It would seem that since Parshas Mishpatim is the Parsha of monetary laws, so introduce the Parsha with the heavyweight sugyas – shor, bor, maveh, hev’er. Damages, theft, and so forth. Why Eved Ivri, this seemingly is a topic that only has a peripheral connection to the subject if any?

Parshas Mishpatim: Eved Ivri

Said my Rosh Kollel, because there is an interesting Halacha mentioned in Parshas Mishpatim which applies to an Eved Ivri: That the master can give him a lady slave to live with in order that the master will increase the value of his investment by reaping the children, who are also slaves and will remain under the master’s ownership even after the Jewish slave leaves after six years.

Now, a regular Jewish male is not allowed to marry a slave, a shifcha. This fellow is allowed to.

In the fourth perek of Kidushin, the mishnayos delineate there the various levels of yichus, who may marry whom. In a way it can be said that the level of a person’s Yahadut, his connection with the Jewish people, is reflected in who he can marry. A momzer (bastard) is in a certain way less of a Jew in the sense he cannot be “ba bekahal”, he can’t marry a regular Jewish girl.

This idea of going down in his level of Kedusha by being sold as a slave and being able to marry a shifcha, I found written by the Chofetz Chaim in Shemiras Halashon, Part Two Chapter 28.

Comes the Torah and says, Reb Yid – when you stick your hand in someone else’s pocket, you should know that you’re just a step away of being able to marry a shifcha. You’re less of a Jew, it’s a blemish in your Yiddishkeit. It’s not just a negative commandment and a din how much you have to pay back. By stealing something that is not yours you become not a 100% Jew anymore, you’ll be permitted to a shifcha.

This, then, is the introduction to the whole seder Mishpatim.