Merely disrespectful talk about her own younger brother Mosheh, and she intended no malice!
17. Now that we are about to go into the Land and settle it, Mosheh our Teacher repeats some of the basic laws which govern the employer and his worker. It is forbidden to delay payment of wages of those who work for us (unless, that is, this has been previously agreed). In contrast with the cruel and barbaric world of that time, the Torah warns that even if there should be fatalities because of a worker’s fault as a result of which the children of his employer die (the building collapsed, for instance) the children of the worker are not to be killed in retribution. In the courts of law of man, rules the Torah, each person is punished only for his own misdeeds, not for the misdeeds of his parents or his children. (Only HaShem is able to know whether or not a parent’s wickedness has become so ingrained in a person’s progeny as to bring about the death of those descendents who choose to follow their evil ways.)
18. Additionally, the wording of this law in the Torah is intended to mean also that nobody can be convicted through the testimony of his relations nor by anyone at all related or biased — for or against — in any litigation or legal procedure. Furthermore never may one person take the place of another to receive punishment. (Here we have yet another law of the Torah which contrasts so starkly with the non-Jewish world and the ludicrous invention of the whipping-boy.)
19. At this point, following on from these particular laws about the administration of justice and from which laws we see that personal feelings and quite natural biases are forbidden to play a part and may not influence justice, there comes the warning that with all that, in the pursuit of strict, unbiased justice we may not allow the natural feelings of compassion and pity to be stifled. The Torah insists that without perverting justice itself, it is our duty to show compassion to the orphan, to the widow and to the stranger, to protect the dignity and reputation of the vulnerable. Being a compassionate person is no contradiction to unbiased justice, teaches the Torah. We are to constantly remember how we ourselves were slaves in Egypt. Indeed, our slavery in Egypt was intended by HaShem to be a part of our training to make us into a compassionate people who feel for others who are lonely and distressed, less fortunate or disadvantaged. So, because of our own experience, mercy and compassion have become hallmarks of the Jewish People and we thus appreciate the feelings of the forlorn and unprotected.
20. Similarly, in our everyday life and activities no less than in the pursuit of justice, we are to remember the less fortunate. When reaping and harvesting the produce of our land, we may not go back to collect a forgotten sheaf nor are we permitted to harvest our field completely. Instead, we are to leave the possibility to the widow, the orphan and the non-Jewish stranger to collect for themselves the forgotten sheaf and the gleanings of field, olive-grove and vineyard so that they might support themselves with self-respect and a feeling of self-achievement. We are to remember how when we were slaves in Egypt, every kindness was so much appreciated by us and we are likewise to be kind and considerate to all, but especially to the sad and dejected.
21. Resuming the rules of the courts of law and the administration of justice, the Torah warns that even if a person has to receive physical punishment at the hands of the court, nevertheless he may not be deliberately or unnecessarily degraded. Once he has accepted the verdict of the court, he is our brother once again. Indeed, from the particular example of offence that the Torah uses to teach which type of transgression incurs the punishment of flogging (the chosen example —- the prohibition of muzzling an ox while it is threshing the corn) the Torah is telling us that our feelings of compassion are to reach beyond our fellow human beings and even to animals.
22. The next law, that of the levirate marriage, extends the duty of acting compassionately even to someone no longer living. The Torah commands that where a man dies without leaving any children, the surviving brother shall marry his widow. Through the children from this marriage, the memory of the dead man shall not be obliterated from the Jewish People. The Torah describes the Chalitza-procedure to be followed if the brother does not wish to fulfil his duty to his dead brother, after which (but not before) the widow is permitted to remarry outside her husband’s family.
23. In the same way that her marriage to her dead husband’s brother is the expression of deep compassion to her husband’s memory, so too the next law describes a case where a wife tries to save her husband, this time from an assailant — but she goes about it in the wrong way. For even where some action is justified, that does not entitle anyone to act in a way that is coarse and vulgar — and particularly so in the case of the Jewish woman, who especially is expected to be refined and noble. Her punishment, that she must pay compensation for the embarrassment of her action against the other man, is also to serve as an admonition to everyone, men and women, to keep control over their feelings and temper. This law teaches incidentally that generally damages for injury are made up of five elements, namely, long term damage (he cannot work any more as a craftsman because his hand has been permanently wounded); pain (suffered at the time of the injury); the costs of the healing of the injury; the short term loss of earnings during the time of healing and, now taught here, compensation for the shame and embarrassment at the time of the injury. This part of the compensation will depend upon where the insult happened (in the marketplace or in a small sidestreet) and when (in broad daylight in sight of all or in dim light, barely seen by people) and by whom (an important personality or by an insignificant person whose insult doesn’t really count for much) and to whom (insulting a respected person is worse than insulting a tramp or vagrant who doesn’t care much for his own dignity anyhow).
24. Returning to the theme of a stable and happy society, Mosheh our Teacher reiterates the law which forbids us to have double standards in our possession — let alone to use them — and commands us to maintain only correct weights and measures. By teaching these laws here almost as an addendum to the laws of justice just taught, the Torah in fact equates the shopkeeper behind his counter with the judge in his courtroom, for each is charged in his own way with rendering a judgement. True justice, fair dealing, integrity in trade, all make for peaceful individuals and a contented society. Our existence as a nation on its own land depends on the most conscientious honesty in our dealings with one another and with others. Double standards and other forms of cheating are hated by HaShem and when a trader cheats on his weights and measures, he does so because he has no fear of HaShem, Who sees all and Who will demand an accounting of all our actions.
25. HaShem has commanded us to do His Mitzvos to ensure that the national character of His People shall embody the qualities of kindness and justice, honesty and integrity, sympathy and consideration. Our good example is to be followed by the Nations of the World for HaShem wishes all Mankind everywhere to recognize His Sovereignty and live in peace and harmony under His benign rule. As the Chosen People whom HaShem redeemed from slavery in Egypt, we must for our part always be mindful of our calling and so, following on from the laws of compassion and justice and honesty in business and fairness in our dealings, we are commanded to remember Ammolayk, the first people that set themselves up to oppose these G-dly ideals and who for that reason attacked us just as we had started on our way out from Egypt. Because of their sworn opposition to the G-dliness that we are to bring to the world, the Torah commands that we are to combat, without let-up, this nation and what they represent. But it is not so much the People of Ammolayk as such that we must confront and overcome, rather it is its values and ideals. The crux of the matter is this: Whereas the Jewish People teach that “Right is Might” that is, the true strength of man and his might is in doing what is moral and correct in the eyes of G-d, the Ammolaykite nation, on the other hand, teaches that “Might is Right,” that is, it is the greater strength and brute force of the tyrant that gives him the right to rule and subjugate others. Ammolayk lives by the principle of “the survival of the fittest.” This, he then claims, gives him right “by the law of nature” to dominate and enslave others and to eliminate anyone who dares to stand in his way. It is this Ammolaykite philosophy, this value system of “Might is Right” that is the underlying cause of the wars and conflicts among nations and peoples as each tries to assert its own superiority over others. Our struggle is with these destroyers of man’s happiness. (Noteworthy is that the Torah does not command us so much to destroy the physical Ammolayk but we are bidden rather to erase the memory of Ammolayk, that is, the influence, the self-glorifying Ammolaykite power.) Therefore, when we are settled in our Land in peace and harmony, as the People of HaShem who have a responsibility to the rest of Mankind, we are not to rest, satisfied with our lot and content to leave the rest of the world to suffer under the tyranny of the Ammolaykite yoke. On the contrary, we have a duty to liberate all humanity, that Man’s noble spirit and G-dliness shall be freed from the tyranny of the brute, to bring to an end the crushing power of Ammolayk from under the heavens, to the benefit of all Mankind. It is a task that will be completed only when all Mankind ceases to honour those wreckers of human happiness as epitomized by the brutal Ammolayk and his followers. But in this struggle against evil, we must take care that Man’s nobility of spirit and his goodness are not corrupted and however tempting it might appear to fight brutality with force, we must be on guard to ensure that in our fight against cruelty, we ourselves do not become cruel. As HaShem’s People, we must remember to keep our humaneness, our morality and our justice as taught by HaShem’s Torah and by our example to spread G-dliness over the world. (See also Parshas Zachor of THE FOUR PARSHIOS for a fuller explanation.)
For the explanation of the Haftorah of Sidra כי תצא please go to HAFTORAHS.
