Situational Awareness

In many ways, Parshas Mishpatim is a microcosm of the Torah itself. The array of Mitzvos mentioned in this Parsha are wide ranging and touch upon all areas of the Torah. Halachos which fall into all four Chelkei Shulchan Aruch can be found in the Pesukim we learn this week.

I would like to focus on one section that contains a number of Pessukim discussing various Mitzvos, which I think may hold a deeper meaning that can be instructive to us all.

The section begins with the words “V’ger Lo Soneh, V’Lo Silchatzenu: You shall not wrong a stranger, nor shall you oppress him,” which is followed by a second Mitzvah: “Kol Almana V’Yosom Lo Sa’anun: You shall no afflict an orphan or widow.” These Mitzvos, by themselves, are fairly understandable. We are a nation of Rachamanim, and we are to live in the Derech of the ultimate Rachman—the notion of wronging or in any way harassing a fellow Jew, let alone those who are on a lower social rung, should be instinctively revolting. We find something interesting, though, with regard to these Mitzvos.

After exhorting us not to act untoward in our interactions with Gerim, the Torah reminds us: “Ki Gerim Hayisem B’Eretz Mitzrayim: For you too were once strangers, in the land of Mitzrayim.” The Torah seems to add a reason to this Mitzvah: don’t embarrass or insult Gerim, because you were once in the same position.

When it comes to Yesomim and Almanos, the Torah goes even one step further. We are told not to oppress these individuals, because they will then cry out to Hashem: “Shmoa Eshma B’Kolo: I will listen to him.” Hashem goes on to explain what will happen when he hears the cries of the Yesomim and Almanos: “VHaragti Eschem B’Cherev, V’Hayu Nishechem Almano, U’Bineichem Yesomim: And I will kill you, rendering your wives windows and your children orphans.”

These two Mitzvos— V’ger Lo Soneh and Kol Almana V’Yosom Lo Sa’anun—would seem to be very basic, and almost instinctive. Why does the Torah go to lengths in order to explain why we should be careful—as in the case of Gerim—or to expand on the punishment for not adhering to the Mitzva, as in the case of Almanos and Yesomim?

In addition, there is a comment made by the Seforno that is absolutely perplexing. The next Passuk says, about Almanos and Yesomim: “Im Aneh S’Aneh Oso” and the Seforno, commenting on the double Loshon of “Aneh S’Aneh” says that the Issur is to be Me’Aneh them—to oppress Almanos and Yesomim—for the sake of harassment alone, but “Im Ta’anehu L’Yasro U’Lehtiv Lo, Ain Zeh Elah Gemilus Chasadim: but if you oppress him in order to cause him pain and benefit him, that is an act of Chesed.” This statement obviously begs explanation.

A few Pessukim later, we find a very similar idea with regards to the Mitzvah of Hashava HaAvot, returning loan collateral. There the Passuk tells us that when if one lends an Ani money, and receive an object as collateral, he must be careful to return the object at the time when the borrower may need it. If the item is one that is used at the night—a pillow or blanket for example—it must be brought back at sundown, as the Passuk says: “Bameh Yishkav: where will he sleep?” The Torah continues, telling us once again: “VeHaya Ki Yitzak Eilai, V’Shamati Ki Chanun Ani: When he cries out to me I will listen, for I am compassionate.”

Granted the Mitzvah of Hashavas HaAvot is less “Sichliasdik,” after all the purpose of loan collateral is that the borrower doesn’t have use of the object until the loan is paid back, but this Mitzvah is still in line with the spirit of Rachmanus that permeates a Torah lifestyle. Why then does the Torah see fit to “motivate” us with the promise of “VeHaya Ki Yitzak Eilai, V’Shamati?” I think that, as usual, there is a deeper message here, one that perhaps goes to the root of our Bitachon.

Rashi, on the Passuk “Im Kesef Talveh Es Ami, Es Ha’Ani Imach” sites the words of the Medrash Tanchume: “Havei Mistakel B’Atzmecha K’Ilu Atah Ani: Look at yourself as though you yourself are the Ani.”

There is a piece in Sichas Mussar, from R’ Chaim Shmulevitz, called “Asos Chesed” in which he expounds on the difficult nature of Chesed performed Al Pi Derech HaTorah. His premise in that Shmooze was that we don’t do Chesed because it’s nice, there are specific Mitzvos and Chiyuvim when it comes to Chesed, and we must strive to reach those levels and perform our Chesed B’Shleimus.

In the beginning of the Shmooze, R’ Chaim goes through the Passuk of “Im Kesef Talveh” and shows how many Chiyuvim and Mitzvos there are wrapped in the Mitzvah of lending someone money, which is the most basic form of Chesed. R’ Chaim cites the Rashi above, and comments that the mindset that one must reach when lending money is to imagine that you are not the lender, but actually the borrower. It is not enough to just be patient and treat the borrower nicely; the actual Chiyuv is “Mistakel B’Atzmecha K’Ilu Atah Ani. This is part of the Mitzvah of lending money, and not just a Hiddur: imagine that you are actually an Ani; access your inner Ani, so to speak.

I think this idea may help us understand the message of these Pessukim.

We find ourselves in situations during our lives and become complacent. We are in a certain standing, be is financial or social, and others are not. We are the givers—others are the takers. We are the Balei Chesed and others are the recipetns of our largesse.

In these Pessukim the Torah seeks to remind us that this does not always have to be the case. We are in the position and circumstances that we are because Hashem wills it, and he can just as quickly and easily will otherwise.

When it comes to trating a Ger with respect the Torah doesn’t just want us to be nice for the sake of politeness: “Ki Gerim Hayisem B’Eretz Mitzrayim.” We once were Gerim, we have an inner Ger, so to speak. We have to treat the Ger with respect and kindness because that was once us: just as our status changed based on the will of Hashem, his can too and so may ours. The temporary position that one finds themselves in is no reason to treat someone else different.

With regards to the treatment of Almanos and Yesomim the Torah has a similar message.

Rabbeinu Bechayay mentions that the reason Hashem is especially close to these individuals is because people assume that they have no one to defend them, so they are more easily subject to abuse. They have nowhere else to turn, but to Hashem and so he has extra Rachmanus on them.

The Torah tells us: “Kol Almana V’Yosom Lo Sa’anun” because, unfortunately, a person’s instinct is to take advantage of the defenseless situation in which these poor souls find themselves. But this too is shortsighted, because in the blink of an eye a person can find his own family in similar situations: “V’Hayu Nishechem Almano, U’Bineichem Yesomim”

In each of these cases—the Ger, the Ani and the Almanos and Yesomim—the Torah reminds us that abusing another person because of the specific situation they are in is not only wrong because it shows a lack of Rachmanus, but ignores that fact that every aspect of our lives is based on Hashgachas Hashem, including our socioeconomic standing. To treat anyone differently because of something that is out of their control, is to repudiate the fact that Hashem is ultimately in control of us all.

We all know of stories where fortunes changed overnight and someone who was destitute suddenly became enriched, and unfortunately many cased of givers becoming takers. This is true of any status, not just financial, and we must always be aware that where we stand today may not be where we are tomorrow. The message of these Pessukim is that we must therefore look beyond the obvious—a person’s status—and realize that there is more at work, that there is a Cheshbon as to why each one finds themselves in a situation, and recognize that Hashem is at work. Recognition of this reality will prevent us from acting toward someone just because they are less fortunate than us, for we will understand the fleeting nature of anyone’s status quo.

Perhaps, in a way, this can help us understand the Seforno mentioned earlier. If one realize that the positions we find ourselves in are subject to change, that the Kol Yachol can put anyone in any position, they may seek to help affect the fortune of the Almanah or Yassom. If one is caused pain, his reward in this world and the next is unfathomable, Yissurim are Mechaper, and going through such pains can in fact change the trajectory of someone’s life.

Thus, the pain caused by someone who is Me’Aneh a Yassom may be just the thing that helps him achieve a better life. If someone decides to accelerate this process by causing the Yassom pain, and his actions are completely and totally L’shma, then he can in fact perform a great Chesed for the Yassom. This can only occur, though, if he understands that each person’s success, or lack thereof, is B’yad Hahsem, as the Torah repeatedly reminds us in these Pessukim.

As we go through life, we find ourselves in a variety of situations and circumstances. We should always remember that our lives are subject to the Ratzon Hashem, and our actions and especially interpersonal relationships must reflect this knowledge. This will help us not only understand the trials we find in our lives, but also enable us to perform Chesed at the highest levels.