Mishpatim 5785: A Holy Nation

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February 19 2025
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In Parshas Mishpatim we are introduced to myriad laws that govern social order. Following Parshas Yisro, and the Revelation at Sinai, Mishpatim outlines many laws that dictate the daily life of a Jew. The Torah delineates mitzvos regarding ownership of oneโ€™s slaves, injuries and damages, respect for parents, care for the downtrodden and the convert in society, an ox that gores (a first time goring ox vs. a habitual goring ox), the prohibition to stay away from words of falsehood, the imperative to judge fairly, Shabbos as a day of rest for oneโ€™s animals and servants, the Shalosh Regalim, not to charge interest, not to accept a slanderous report, not to accept bribery, and the first fruits, amongst many other mitzvos.

One of the prohibitions in the parsha is: ื•ึฐืึทื ึฐืฉึตืื™-ืงึนื“ึถืฉื, ืชึดึผื”ึฐื™ื•ึผืŸ ืœึดื™; ื•ึผื‘ึธืฉึธื‚ืจ ื‘ึทึผืฉึธึผื‚ื“ึถื” ื˜ึฐืจึตืคึธื” ืœึนื ืชึนืื›ึตืœื•ึผ, ืœึทื›ึถึผืœึถื‘ ืชึทึผืฉึฐืืœึดื›ื•ึผืŸ ืึนืชื•ึน - and men of holiness you shall be to Me, and torn meat in the field you shall not eat, to the dog you shall throw it (Shemos 22:30). If a kosher animal was torn in the field by a wolf (or other predatory animal), and thus, it was not slaughtered according to halacha, the meat becomes prohibited to us, irrespective of the fact that the animal itself was kosher. What we eat is dictated by the Torah, and as this pasuk reminds us - what and how (as well as where, when, with whom) we eat, reminds us that ืึทื ึฐืฉึตืื™-ืงึนื“ึถืฉื, ืชึดึผื”ึฐื™ื•ึผืŸ ืœึดื™, we must be men of holiness unto G-d.  

Another mitzvah, also related to the consumption of foodstuffs, is ืœึนึฝืึพืชึฐื‘ึทืฉืึผึตึฅืœ ื’ึผึฐื“ึดึ–ื™ ื‘ึผึทื—ึฒืœึตึฅื‘ ืึดืžึผึฝื•ึน, you shall not cook a kid/lamb in its motherโ€™s milk (Shemos 23:19). The Sages explain that this prohibition is written multiple times in the Torah to prohibit us against different prohibitions: ื•ึผื‘ึฐื’' ืžึฐืงื•ึนืžื•ึนืช ื ึดื›ึฐืชึผึทื‘ ื‘ึผึทืชึผื•ึนืจึธื”, ืึถื—ึธื“ ืœึฐืึดืกึผื•ึผืจ ืึฒื›ึดื™ืœึธื”, ื•ึฐืึถื—ึธื“ ืœึฐืึดืกึผื•ึผืจ ื”ึฒื ึธืึธื”, ื•ึฐืึถื—ึธื“ ืœึฐืึดืกึผื•ึผืจ ื‘ึผึดืฉืึผื•ึผืœ - it is written three times in the Torah. One time to prohibit eating milk and meat, one to prohibit benefit/enjoyment from milk and meat, and one time to prohibit cooking milk and meat (Rashi, ibid.).

These mitzvos are the foundations of our lives as Torah observant Jews - kosher shechita and not mixing basar bโ€™chalav, as well as the list of permitted and prohibited animals that we may or may not consume (see Vayikra 11 and Devarim 14). The laws of kashrus govern our food choices; including our grocery shopping, cooking, serving, consuming, enjoying and partaking of food.

It is now widely known that Agam Berger, freed from captivity on January 30, was as meticulous as possible in regard to her observance during her 482 days in captivity. Her bravery, courage, defiance, religious commitment, strength and hope have been widely reported in many news outlets and social media posts, in the days since her release.

From hostages released in the November 2023 exchange, the Berger family was already then informed that Agam was observing Shabbat in captivity. The terrorists forced the young women they held captive to cook for them. Agam cooked for the terrorists the rest of the week, but on Shabbat, she refused to light a fire. The terrorists threatened her, but she held firm. After Agamโ€™s return, more information came out about her Jewish observance in captivity. Agam made a special effort to keep kosher. She refused to eat meat given to the hostages, even though food was sparse in captivity.

In captivity, Agam prayed a lot. She wished she had a siddur, a traditional prayer book, but it was not something easily found in Gaza. Agam even asked one of the terrorists who held her if they had a siddur. The terrorist laughed at her. Undeterred, Agam prayed in her own words, asking God to send her a siddur. Two days later, that same terrorist brought Agam a siddur. โ€œYour God loves you,โ€ he told her. โ€œWe found this in Khan Yunis.โ€ The siddur had likely been left behind by an IDF soldier (https://aish.com/courage-in-captivity-agam-bergers-faith-in-gaza/).

In regard to the prohibition not to mix milk and meat, Rabbi Samson Rafael Hirsch writes, โ€œPrecisely at such a time [of eating], we are in need of an admonition to remain conscious of our higher calling as members of the human species: Even while we are engaged in the permitted, and at times even prescribed, assimilation of animal matter into our bodies, we are to elevate this animal matter to the heights of the destiny of the human body; we are not to permit the human body to sink to the instinct-bound level of animals, even though we regenerate our bodies by dint of the animal world.

โ€œThis prohibition - issur basar bโ€™chalav (the mixing of milk and meat) - speaks directly to man, in a clear voice of reproof: Keep the Torahโ€™s sanctity, remembering that the rule of G-dโ€™s Torah does not begin on the level of the Jew, but, rather, is everywhere present in every fiber of organic life. In essence, the Torah, our Law, is nothing but the precise specification of the universal law of โ€˜each according to its kindโ€™ for the way of life of the Jewish-human species. This is how we understand the interweaving of this law of the separation of the species into every sphere of our home consumption. None of the other dietary laws so dominates the Jewish kitchen and the Jewish table as does the separation of milk and meat; and more than all the other dietary laws, this separation is meant to be G-dโ€™s messenger, to make us ever aware of G-dโ€™s Torah, of our human duty as Jews, and of our human dignity as Jewsโ€ (The Hirsch Chumash, Shemos, p.515, commentary to Shemos 23:19).

In his Holocaust memoirs, entitled โ€œIn Seven Camps in Three Years,โ€ my maternal grandfather, Yitzchak Kaftan, Yitzchak ben Moshe aโ€™h, from the town of Krasnik, Poland, writes (originally in Yiddish), โ€œThe first Pesach in Budzin we arranged a kitchen which cooked holiday soup. Whoever so wished, did not have to eat chometz during Pesach. Yom Kippur, when we came from a hard dayโ€™s work, we quickly went in to the barracks so that Neilah could still be davened with a minyanโ€ฆ all of us together vigorously pleaded for help.โ€

The laws of kashrus elevate us to levels of holiness, for we are a nation that lives - and eats - by the word and command of G-d. For us, โ€œkeeping kosherโ€ requires nowhere near the mesiras nefesh of my grandfather aโ€™h, or Agam Berger shetichyeh. Let us give thanks to Hashem ืฉื”ื‘ื“ื™ืœื ื• ืžืŸ ื”ืชื•ืขื™ื ื•ื ืชืŸ ืœื ื• ืชื•ืจืช ืืžืช ื•ื—ื™ื™ ืขื•ืœื ื ื˜ืข ื‘ืชื›ื™ื ื•, as we proudly embrace, adhere to, and live by, the precepts of Torah in our kitchens, at our tables, and in every aspect of our daily lives. 

ื‘ื‘ืจื›ืช ื‘ืฉื•ืจื•ืช ื˜ื•ื‘ื•ืช ื•ืฉื‘ืช ืฉืœื•ื

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Harris and Elli Teitz Goldstein l'ilui nishmas their beloved sister, Marsha Goldstein Basson, ืžื•ืฉื” ืžืจื™ื ื‘ืช ื”ืจื‘ ื ื—, as we approach her yahrzeit on the second day of chol hamoed Pesach and by Francine Lashinsky and Dr. Alexander & Meryl Weingarten in memory of Rose Lashinsky, Raizel bat Zimel, z"l to mark her yahrzeit on the 14th of Nisan and in honor of their children, Mark, Michael, Julie, Marnie and Michelle, and in the zechut of the hostages and the chayalim and by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch and by Chana and Shmuel Goldstein, Moshe and Lalitha, Shalom and Zena, Yaakov and Melissa, Shmuel and Nora Weglein and Helen Weglein in memory of their father and grandfather Mr. Ernst Weglein, ื‘ื ื™ืžื™ืŸ ื‘ืŸ ื”ื—ื‘ืจ ืฉืœืžื” on his first yahrzeit