`Mishpatim’ – Judaism Abhors Child Abuse

by Rabbi Adin Even-Israel Steinsaltz 

Rabbi Adin Even-Israel Steinsaltz

Just after the giving of the Law at Sinai, the Torah presents us with an assortment of laws, some criminal, some civil and some purely religious.

The civil laws in our Torah portion this week, Mishpatim, regulate how we act with one another. They must have been of immediate, practical use, even in the desert; they dealt with slavery, mayhem, and stealing, among other sins. Even more basic are the foundational principals of justice – some explicit and some implicit, but clear in their meaning. The Torah is clear about equality. No one is above the law. Individuals of all stations in life and society must be treated equally. It does not matter if they are of high rank or not. It is of no concern whether they are men, women or small children: the law is equal to all of them.

These laws are as relevant today as they were in ancient times. Mishpatim makes clear, for example, that Judaism abhors the abuse of children.

As the Torah well understands, child molestation is an ancient vice. It has become much more widely discussed because of several recent scandals, mostly in religious institutions.

There are some objective reasons why such things happen quite often in religious institutions. Children are taught and trained to be obedient and to accept their elders as authorities – which makes it so much more difficult for them to resist abuse or to report it. Unfortunately there is no sex education in some of the schools; nor is the subject discussed in some homes. So when something like this happens, it takes time for a child to understand it and even more than that – to talk about it.

Child molestation almost always causes enormous, multi-level damage to the victim's soul: it may make the victim unable to form healthy relationships. They may lose trust in people, because the molesters are often those who were supposed to be their caretakers and protectors.

It should also be stressed over and over again that this crime of child molestation is not just a civil offense: it is also a very severe religious crime. Under Jewish law, it may even deserve capital punishment. Offenders may also be liable for the most severe punishment of karet (untimely death by the hands of the Almighty).

It is important to say all that because there is a tendency to cover up such incidents, especially in institutions, and sometimes even to protect the perpetrators. Partly this is so because those in charge are often more in touch with the molester – who may be a colleague or a friend – than with the children. This is especially the case since children hardly ever express their hurt. And, of course, institutions do not want their reputations to be harmed.

The first and foremost duty of any educational institution, and the prime responsibility of its heads and leaders, is to be rid of anyone who causes such great harm. Good reputation or personal friendships must by no means stand in the way of investigation and clean-up.

We must make sure that such a person will never again be in a position to repeat such offenses. It is therefore not enough to fire the perpetrator from his (or her) work place: it is both the organization’s and society’s duty to make sure that the crimes are known and punished.

As Mishpatim reminds us, no one is above the law. Child molestation is not a local problem; seemingly, it has been with us for millennia. Our duty is to diminish, even eradicate, this evil as much as humanly possible.

Rabbi Steinsaltz, who lives in Jerusalem, is a teacher, philosopher and author who has translated the Talmud into Hebrew and English.

Originally published at The Jewish Week

Tzedakah: A Loan to Hashem

A Teaching of the Maggid of Dubno

“When you lend money to My people, to the poor person who is with you, do not act towards him as a creditor” [Mishpatim  22:24].

The Midrash explains this verse by citing another: “One who is gracious to the poor has lent to Hashem,  and He will pay him his reward” [Proverbs 19:17].

How can it be said that one has lent to the Master of the universe? The Maggid of Dubno offers a parable in order to understand this.

One day Shimon needed some money. His friend Reuven offered to lend it to him on condition that Shimon finds two guarantors in case he couldn’t pay back at the agreed-upon date.

Shimon found the first guarantor, his friend Aryeh, who was financially well-off. His second guarantor, Benjamin, was hardly better off than Shimon himself.

Shimon happily returned to Reuven with the papers signed by both guarantors, and as agreed upon, Reuven lent Shimon the money and put the contract away for safekeeping.

Shimon traveled to a great trade fair in the market district of the capital. Hashem was with him and his earnings increased. Too occupied to even properly deal with his present business, Shimon forgot the due date set for paying back his loan.

The repayment period having passed, Reuven felt quite embarrassed. He held Shimon’s contract in his hand, but there were no signs of Shimon himself.

Reuven asked his assistant to find Shimon. He left to search for him but wasn’t successful because Shimon had left the city not long after having received Reuven’s money. Furthermore, no one knew where he was or when he would return.

After hearing this, Reuven ordered his assistant to approach the guarantors in order to reclaim his money. Without difficulty the assistant found the address of Aryeh, who lived in a beautiful home and was well known in the city. He then went in search of Benjamin, and was told that he lived in a tiny lane in the poor section of town. Arriving there, the assistance saw a passer-by wearing a patched-up coat and asked him if he knew someone by the name of Benjamin.

“Benjamin,” he slowly repeated. “Yes, that’s me. How may I help you?”

“You have a friend by the name of Shimon? He disappeared after having borrowed some money….”

The assistant couldn’t continue. He felt too embarrassed. How could he recover money from a man that he wasn’t even sure could feed himself on that day?

He decided to approach the first guarantor, Aryeh. The assistant went to his home and presented him with the signed contract. Aryeh then reimbursed the entire sum.

Reuven was delighted that Aryeh paid the total amount of the loan and that there was no need to collect anything from Benjamin. Thus Reuven would cause Benjamin neither shame nor suffering to admit that he owned nothing and couldn’t pay his portion of the loan.

Among gentiles, it is normal to lend money with interest in order to make even more of it.

Lehavdil, we act differently in Klal Israel, for the Torah forbids us to take interest. Everything happens as if Klal Israel was in possession of a sum of money, a sum made available to everyone in need and regularly supplied with cash infusions by those who have great amounts of money.

It’s a great mitzvah to lend money without interest.

We are also taught that we shouldn’t humiliate those who owe money but have none with which to pay back. No pressure should be exerted on the poor, and no attempt should be made to remind them of their debt. A person who lends money to another is even advised to avoid meeting the debtor, for the latter might see him and get scared, thinking that he has come to reclaim what the poor person owes, and so the latter will have to admit to the fact that it’s impossible for him to pay it back.

As was stated earlier, in the book of Proverbs it is written, “One who is gracious to the poor has lent to Hashem, and He will pay him his reward.”

In other words, the poor individual receives the tzeddakah as a gift, but for Hashem it is a loan that He will pay back a hundred fold. Also, when a person can’t pay back his debt, the example of Reuven in the parable should be followed. Let us appeal to the more fortunate one, to Aryeh; let us address Him Who possesses all the wealth in the world, Who blesses all our actions that enable us to perform His mitzvot.

Source: Rabbi David Hanania Pinto Shlita

The Foundations of True Emunah That Can Save Us In The End of Days

A new shiur from Rabbi Yaron Reuven

Compensation

עַיִן תַּחַת עַיִן "An eye for an eye" [Mishpatim 21:24]

The term "eye for an eye" explain Chazal [Bava Kamma 84a] is not meant to be taken literally - one who causes another the loss of an eye is not punished by having to lose his own eye.  Rather, it means that the responsible party must pay the monetary value of an eye.

Chazal's interpretation of this halachah, said the Vilna Gaon, is alluded to in the words of the verse.  Why does the verse state "Ayin tachas ayin" - which literally means "an eye beneath an eye" - and not "Ayin be'ad ayin" - which means "eye for an eye"?

The Torah, explained the Gaon, is hinting to us that in order to discover the true meaning of the verse, we must look at what is "beneath" the ayin, that is the letters that follow the word "ayin" עין:

The letter ayin ע is followed by the letter pei פ

The letter yud י is followed by the letter kaf כּ

The letter nun is ן followed by the letter samech ס

These letters form the word keseph - כּסף - money !

Source: Rabbi Yisrael Bronstein

When the Receiver Becomes the Giver

A very interesting new shiur from HaRav DovBer Pinson. [Advanced]

A Fascinating Voyage into Our Souls

Rabbi DovBer Pinson talks about reincarnation, past life memories, the Zohar, death, afterlife, kabbalah, autism, suffering, souls of converts, and children.

 

Special Healing Prayer

Art Sarolta Ban

It is customary to say Tehillim for sick people.  Recently someone told me of a special way to daven for a sick person.

Perek 119 in Tehillim is divided into paragraphs according to the Alef Bet. Write down the Hebrew name of the person you are praying for: example Moshe ben Sarah:  משה בן שרה

Then say the paragraphs of Psalm 119 according to that name.  Fox example, the first paragraph you would say is the one beginning with the letter ''Mem'' then ''Shin''  then ''Hei'' then move on to the letters of the rest of the name in the same way, ending with the ''Hei'' of Sarah.

Why do we use the name of the mother rather than the father?  The answer, as well as some other interesting facts, can be found here.

Wishing everyone who needs it a Refuah Shelaimah.

The Tikkun of Tu B'Shvat

a Mystical Interpretation by David Aaron

The celebration of Tu B'Shvat--the 15th of the month of Shevat on the Hebrew calendar--is not mentioned in the Bible. The oldest reference is found in the Talmud, where Tu B'Shvat is called "the new year of the trees." The Talmud ascribes significance to this date only in terms of the legal implications of taking tithes [10%] from fruits.

About 500 years ago, the Kabbalists revealed the deeper meaning of Tu B'Shvat. They taught that Tu B'Shvat is an opportune time for rectifying the transgression of Adam and Eve. Amazingly, just through the simple act of eating fruit during the Tu B'Shvat festive dinner, we are able to contribute to this cosmic repair ["tikkun"].

But how? How are we "fixing" the transgression of Adam and Eve, according to the Kabbalists? First let's explore the transgression of Adam and Eve, and then we can understand the mystical meaning of the Tu B'Shvat holiday, and why eating fruit is the way we celebrate it.

Amazingly, just through the simple act of eating fruit during the Tu B'Shvat festive dinner, we are able to contribute to this cosmic repair of Adam and Eve's transgression The Torah says that G‑d put Adam and Eve in the garden "to work it and to guard it."[1] The Jewish oral tradition teaches us that this refers to the do's and don'ts of the Torah. The do's are called the "positive mitzvot" and the don'ts are called the "negative mitzvot." Adam and Eve were given very little to do: "eat from all the trees of the garden."[2] And their only don't--their single prohibition--was not to eat fruit from the Tree of Knowledge of Good and Evil. [3] What was that about?

The Torah teaches that G‑d created the world so that we could experience goodness in general, and His goodness in particular. Experiencing His goodness—-bonding with G‑d—-is the greatest joy imaginable. G‑d empowers us to bond with Him by serving His purpose for creation. Just as when we do for others, we feel connected to them, so, too, serving G‑d enables us to bond with Him. Ironically, serving G‑d is actually self-serving—-profoundly fulfilling and pleasurable.

If we eat and enjoy the fruits of this world for G‑d's sake-—because this is what He asks of us-—then we are actually serving G‑d and bonding with Him. We serve G‑d by acknowledging that the fruits of this world are His gifts to us and by willfully accepting and enjoying those gifts.

The root of Jewish life is, in fact, enjoyment—-the pleasure of connecting to G‑d. We connect to G‑d by serving Him, and this means obeying His command to enjoy the fruits of this world.

While in the Garden of Eden, Adam and Eve's entire obligation was to enjoy all the lush fruits-—with the notable exception of one forbidden fruit. Sure enough, they went after that one. This misdeed demonstrated their confused orientation to the real meaning of pleasure. Rather than seeing the fruits as pleasurable because they are G‑d's gifts and enjoying them as part of their service to G‑d, they wanted to partake of them independently of G‑d-—in fact, contrary to His will.

The Art of Receiving

As already explained, real pleasure is experiencing a connection with G‑d. We enjoy the ultimate spiritual pleasure when we enjoy the physical pleasures of this world as part of our divine service. Then, the act of receiving and enjoying G‑d's gifts to us is amazingly transformed into a selfless act of serving G‑d.

We can understand now that G‑d’s only desire in giving Adam and Eve those two mitzvot was to give them the ultimate pleasure—-bonding with Him. True pleasure was not in the taste of the fruits, but in eating and enjoying these gifts from G‑d. This was the way to serve and connect with Him—-the Ultimate Pleasure.

But Adam and Eve misunderstood this. They did not see physical pleasure as a conduit to the spiritual pleasure of bonding with G‑d. Rather, they sought pleasure independent of G‑d.

This is the root of all wrongdoing: when instead of seeing the pleasures of this world as a gift from G‑d, enjoying them in the service of G‑d and using them as conduits to a connection to G‑d, we seek pleasure independent of any connection to G‑d. In other words, is the pleasure about us, or is the pleasure about our relationship with G‑d?

There is a fundamental difference between having pleasure and receiving pleasure. If we want to have pleasure, it doesn't matter where it comes from There is a fundamental difference between having pleasure and receiving pleasure. If we want to have pleasure, it doesn't matter where it comes from. Having pleasure is void of any connection to a reality greater than ourselves. It is simply a selfish desire to experience a particular pleasure for its own sake. Receiving pleasure, on the other hand, is rooted in the soul's desire to serve G‑d's purpose, which is to receive the ultimate joy of connecting to Him.

Adam and Eve ate from the forbidden fruit because they were confused about their purpose on earth and, consequently, what is truly pleasurable in this world. They were clueless about what would bring them meaning and joy in life.

Following Adam and Eve’s fatal mistake, G‑d told them, "Because you ate from the tree that I commanded you not to eat from, the earth has become cursed."[4] G‑d was not punishing the earth because of Adam and Eve's transgression; rather He was informing them that their distorted orientation towards physical pleasures has turned the earth into a source of curse rather than blessing for them and for their descendants.

Depending on how we view the physical world, it is cursed or blessed Depending on how we view the physical world, it is cursed or blessed. If we look at the physical world as a conduit to a connection with G‑d, and if, as a service to G‑d, we gratefully receive His gift of delicious fruits, we thereby experience His presence and the physical world becomes blessed. The physical world then becomes a bridge between the human and the divine. But if we fixate on the physical, independent of any relationship with G‑d, and mistakenly perceive this world as the source of our pleasure rather than as a bridge to G‑d, then this world becomes a barrier to G‑d and a curse for us.

Now that we understand the transgression of Adam and Eve, we can begin to appreciate how we can contribute to its rectification on Tu B'Shvat.

On Tu B'Shvat, the new sap begins to rise up into the trees. And we bring abundance to this process when we celebrate Tu B'Shvat.

More than the baby wants to suck, a mother wants to nurse. The Talmud says that more than the baby wants to suck, a mother wants to nurse. The mother not only gets tremendous pleasure from nursing her baby, but the flow of her milk is actually generated by its sucking. The more the baby wants to suck, the more milk the mother has to give. This principle also applies to our relationship to G‑d.

G‑d wants to give us the greatest of all pleasures, which is a connection with Him. But if we don't recognize that to be the greatest pleasure, and we don't want it, then He can't give it to us. Of course, G‑d could give it to us, but it would just be a waste, because we wouldn't recognize it for what it is.

The Power of a Blessing

On Tu B'Shvat, we take a fruit, and before enjoying it, we recite a blessing: "Blessed are you, G‑d ou G‑d, king of the universe, who creates the fruit of the tree." In other words, "You, G‑d, are the source of this blessing." In doing this, we attempt to rectify the transgression of Adam and Eve.

When I taste an apple with that kind of consciousness, I cannot but experience the presence of G‑d within the physical An apple is not just an apple; an apple is a blessing. Maybe I could believe that apples come from trees, but a blessing could only come from G‑d. If I really contemplate the mystery and miracle of the taste, fragrance, beauty and nutrition wrapped up in this apple, I see that it's more than just a fruit--it is a wondrous loving gift from G‑d. When I taste an apple with that kind of consciousness, I cannot but experience the presence of G‑d within the physical. When I recite a blessing before I eat and acknowledge it as a gift from G‑d, I reveal the divinity within it, and the transient sensual pleasure of the food is transformed, because it is filled with eternal spiritual pleasure. The food then feeds not only my body but also my soul. However, when I eat without a blessing, it's as if I stole the food. Perhaps it will nourish and bring pleasure to my body, but it will do nothing for my soul. The soul is only nourished when it experiences its eternal connection to G‑d.

Tu B'Shvat is an opportune time to celebrate how eating and enjoying the fruits of trees can be a bridge to G‑d, and how it can bring back the blessing to the earth.

When we enjoy the fruits of the previous year as wonderful gifts from G‑d and affirm our yearning for G‑d's presence manifest in the fruit, we are like a baby sucking its mother's milk with great appetite. We draw forth with great abundance the "milk of the earth"—-the sap in the trees rises up with great abundance, so that they will bear much fruit in the coming year.

Unlike Adam and Eve who sought pleasure separate from G‑d and who turned physical pleasure into a barrier to G‑d, we—-on Tu B'Shvat-—enjoy the fruits as G‑d's gift and experience their pleasure as a connection to G‑d. In this way we rectify the transgression of Adam and Eve. We free the earth from being a curse for us—-a barrier to G‑d. We transform it into a bridge, so that it becomes a wellspring of blessing and G‑d-given pleasure.

Footnotes
1. Genesis 2:15
2. Ibid. verse 16
3. Ibid. verse 17
4. Genesis 3:17

Source: Chabad

Also see: Tu B'Shvat and the Transformation of Eating and The Seven Species of Israel