Mishpatim

Parshat Hashavua - Mishpatim - Rabbi Shimon Felix


To the unsuspecting reader: This is about something about which I often speak on BYFI summers, so if it looks like one you've heard already, you can get off the train any time you like.

In this week's parsha, Mishpatim, the Torah repeats - with the wording somewhat changed - the admonition to rest on Shabbat which was in the Ten Commandments, which appeared  in last week's parsha, Yitro:

"Six days do your work, but on the seventh day do not work, so that your ox and your donkey may rest, and the slave born in your household, and the stranger as well, may be refreshed."

The Talmud, in Tractate Yevamot, page  48b, says that the slave and the stranger ("ger" in Hebrew) referred to here are non-Jews. The word "ger" could, and in other instances does, mean a convert to Judaism, and there are Jewish slaves, but the Talmud insists that in this version of the commandment, we are expanding the range of those who benefit from the Shabbat beyond what other verses may be referring to, beyond the members of  the Jewish community, to include our non-Jewish slaves and the gentile strangers in our midst. These people, who are not usually the target of the Torah's commandments, must rest as well.

If this is the right reading, and we are referring to non-Jews here, a question arises: the verse seems to make these people the whole point of the Shabbat, the focus of the entire exercise, as we are told to not work on the seventh day "so that" ("l'ma'an" in Hebrew) these non-Jews, as well as our animals, can rest. Surely this is wrong. We keep the Shabbat so that we can rest (and remember the creator of the universe, and do other neat stuff on our day off). The fact that the non-Jews within our community rest as well must only be a fringe benefit. After all, the Mitzvot of the Torah are for the Jewish people: Jews eat matza on Pessach, sit in the Sukkah, and keep kosher, not non-Jews. And yet, this verse clearly says that we rest on the Sabbath so that they can rest - they are the point here. In addition, the Torah seems to be telling us this strange law in an unnecessarily complicated fashion. If, for some reason, it wants these non-Jews to rest, why not just say so? Why say that we have to rest so they they can? Just say that non-Jewish slaves of Jews and non-Jews living in a Jewish society have to rest on Shabbat. Actually, that would make a lot of sense: how are we going to get any peace and quiet on Shabbat if these people are busy working all around us? Surely, the Torah should just directly tell them to rest so that we can, not the other way around.

To understand what is really happening here, we need to look back a few verses, and put this Mitzvah in context. It goes like this: first the Torah says "Do not oppress a stranger; you yourselves know how it feels to be strangers, because you were strangers in Egypt." Then, the Torah, in what looks like a change of topic, starts a section about the calendar, beginning with the seven-year Sabbatical cycle, and then moving on to our verse on Shabbat:

"For six years you are to sow your fields and harvest the crops, but during the seventh year let the land lie unploughed and unused. Then the poor among your people may get food from it, and the wild animals may eat what they leave. Do the same with your vineyard and your olive grove."

And then, after that, the Torah gives us our verse on the Shabbat: "Six days do your work, but on the seventh day do not work, so that your ox and your donkey may rest, and the slave born in your household, and the stranger as well, may be refreshed."

Looked at in context, the point of our verse now becomes clear. Just as the law of not working your land during the Sabbatical year is presented here, after the law of not oppressing the stranger, as  social action ("the poor among your people may get food from it"), so, too, the law about Shabbat, which immediately follows, is about a Shabbat of social action as well, part of our ongoing  attempt to learn from our bitter experience in Egypt and treat the stranger well. Though it does want them to rest, the Torah does not tell non-Jews to not work on Saturdays - they are, after all, not members of the Covenant. The Torah does, however, want us to take responsibility for the non-Jews in our society, and arrange it so that they can,unlike the Jewish slaves in Egypt, be free, and have at least one day a week to themselves. From this perspective, we see that we rest on Shabbat not so that we can get the day off - as members of the sovereign Jewish nation to whom this verse is addressed, we can take off any damn day we want. Rather, the Torah is telling us that there is an aspect of Shabbat that is not for us, not about us and our well-being. It is, rather, about running a decent, humane society, in which everyone, even the slave, even the stranger, has some measure of freedom and autonomy. The only way to do that, to not treat the weakest elements in our society like slaves, is to structure our society in such a way that people must get a day off. If we don't work on Saturday, if we are all in shul, if we are all taking a Shabbat nap, studying a little Torah, and eating all that Shabbat food, there is no one to make our non-Jewish minority work on that day. They will, no matter what, get a day off. The Shabbat in this verse is neither an expression of our covenantal relationship with God, nor a day of rest for our sake; it is not about us. It is a demand that we organize our society "so that" even those whom the Torah does not address, but whom the Torah clearly cares about, get this particular benefit - the freedom, denied us in Egypt, to not be a slave, but to be free, autonomous, at least once a week.

For this reason, I am pretty hard-core about Shabbat in Israel. If stores are open, someone will have to work the cash registers (guess who that's going to be. I'll give you a hint: will it be someone rich? Who can afford to take Tuesday off, if he likes? And is choosing to work on Shabbat because it suits her (and it is so often a her)? Or is it someone who probably needs to work all seven days a week, like a slave,  to make ends meet? Go on, take a guess.) If buses are running, someone will have to drive them. If movie theaters operate, someone will have to take the tickets, sell the popcorn. Only by enforcing a universal day off for the people who run the country, can we guarantee a day off for those who don't. Only by "sacrificing" our malls, movies, and mobility, can we truly end the oppression of the slave and the stranger, the weakest, most marginalized among us.  

Shabbat Shalom,
Shimon

Parshat Hashavua - Mishpatim - Rabbi Shimon Felix

Whenever a conversation takes place about Judaism's attitude towards democracy, part of a verse from this week's parsha, Mishpatim (Laws) is usually quoted: "...acharay rabim l'hatot" - "...turn towards the many", or, simply put, go according to the majority. This phrase is often used to prove that although the classic Jewish state was clearly not a democracy - it was, in fact, a constitutional monarchy with certain democratic features - classical Judaism had within it certain democratic elements; most crucially, the notion that, in certain frameworks at least, the majority rules. This phrase is used in this way in the section of the Talmud that we teach just about every summer on the Fellowship program: the story of Tanuro shel Achnai, the oven about whose ritual purity Rabbi Eliezer and the other Sages disagreed. Rabbi Eliezer was a minority of one; well, of two, if you count God. He brought miraculous proofs that his opinion about the oven's status was correct - a tree was uprooted, a stream ran backwards, the very walls of the bet midrash bent to his will, but his colleagues, unconvinced, voted against both God and him, even after a heavenly voice declared that Rabbi Eliezer was right. The Rabbis claimed the right to do so by citing the verse "Lo bashamayim he" - it, the Torah, is no longer in heaven, and God, therefore, does not have the final say on its interpretation. They then clinch their argument with this part of the verse from our parsha: "...acharay rabim l'hatot" - go according to the majority. With this, the Sages win their argument against the minority of Rabbi Eliezer and God. However, when one takes a close look at the entire verse, rather than just atomistically looking at this phrase, one sees immediately that things are actually quite complicated. The verse in full, which is very difficult to parse, can be read as something like this:  READ MORE »

Parshat HaShavua-Mishpatim- Rabbi Shimon Felix

As I write this, we here in Israel have just gone to the polls to elect a new government. One of the many issues which has emerged in the campaign is, somewhat surprisingly, Shabbat. Tommy Lapid's secular Shinui party has campaigned on a platform that calls for an end to the prohibition, which is currently in force in most cities in Israel, against public bus service on Shabbat, as well as the opening of shops and other businesses on the day of rest. From the opposite side of the political fence, Agudat Yisrael, the veteran Ashkenazi ultra-Orthodox party, has adopted the name "the party of Torah and Shabbat observance", in an attempt to emphasize its commitment to the status quo in terms of Sabbath observance in the public domain. What exactly is the importance of Shabbat? What is its purpose, its point? Is the Jewish State doing the right thing when it respects the Sabbath in the public domain by closing banks, offices, and businesses, outlawing public bus service, allowing no activity in the army which is not absolutely necessary, and closing most malls and shopping centers? Is Tommy Lapid, and those who agree with him, right in seeing this policy as discriminatory to secular and non-Jewish Israelis? Should more supermarkets be allowed to open on Shabbat? Banks? Restaurants? Although there are two well-known, classic reasons given for Shabbat rest - to remember the six days of creation and, by extension, the creator, and to give us all a day of rest and renewal, I would like to focus on a third reason, which appears in this week's parsha, and which seems to me to suggest a very interesting and relevant answer to the questions above: "Six days shall you do your work, and on the seventh day you shall desist, so that your ox and your donkey may rest, and the son of your handmaid and the stranger can refresh their souls."  READ MORE »