Shalom Friends;
This week, our Parshat HaShevua — Parshat Mishpatim is being sponsored by Baruch and Yaffa Swinkin dedicated Lilui Nishmas Baruch’s grandfather Micha’el ben Yaakov z’l, and for the safety of the Chayalim and the liberation of all remaining hostages and their return home without experiencing any further harm, as well as for the good health and security of kol Am Yisrael. To the Swinkin family, many thanks for your sponsorship and kindnesses through the years.
You can celebrate a Simcha — a birth, a Bar/Bat Mitzvah, a Chassuna or other Simcha event in your life, or commemorate a Yahrtzeit of a loved one, or for whatever other reason by sponsoring a Parshat HaShevua.
Please forward to your relatives and friends and encourage them to subscribe and, hopefully sponsor a Parshat HaShevua. And please be in contact with me with any questions, to subscribe or for further details.
Best Regards,
Moshe Burt
olehchadash@yahoo.com
skype: mark.burt3
Subscribe to the Israel and the Sin of Expulsion blog, to ask questions or to sponsor a Parsha Vort at: olehchadash@yahoo.com
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There are three posukim in our Parshat Mishpatim which seems particularly pertinent to what Israel and world Jewry face in the multi-front war with Hamas and their wild beastly terrorist buddies in Gaza and multiple other fronts.
This author notes that, as of the preparing this vort, there is a sort of “ceasefire” during which drips and drabs of Jewish hostages are being returned to Israel in exchange for the release from Israeli incarceration (noun: the act of… putting in prison or another enclosure) of thousands of bloody-handed terrorists, among them many who killed, maimed and took Israelis hostage. With these facts in mind, this vort will take a second look, in retrospect (noun: contemplation of the past; a survey of past time, events, etc.) at last year’s Parshat Mishpatim vort.
The Sapirstein Edition, “The Torah: With Rashi’s Commentary” renders to English Sefer Shemos, Perek 22, posuk 1 and provides commentary:
“If the thief will be found in an underground passage, and he is struck and dies, there is no blood for him.”
“If the thief will be found in an underground passage” — when he was tunneling into the house. The commentary cites Leket Bahir — that the law of the verse does not apply where a thief is found not doing anything, or on his way out. It applies only when the thief is caught in the act of tunneling into a house.
There is no blood for him — This not considered murder because it is as if (the thief) is already dead. Rashi on Sanhedrin 72a notes that he [the thief] has neither blood nor soul and it is permissible to kill him.
Here the Torah has taught… — If one is coming to kill you, rise early to kill him first. And this thief is coming to kill you, — for he surely knows — that a person cannot restrain himself and remain passive when he sees them [one or more thieves] taking his property in his presence. Thus, [the thief] came with the understanding that if the owner of the property were to stand against him he [the owner] would kill him. (Rashi again citing Sanhedrin 72a)
The Artscroll Stone Edition Chumash (page 427) provides a more straight-forward explanation of Rashi:
Since it is obvious that a householder will fight to protect his property, it may be assumed that the thief is ready to overpower him and kill, if need be. Consequently, the householder may act on the principle that, If someone comes to kill you, act first and kill him. If the householder kills his presumed pursuer, therefore, he is not guilty of homicide since he is considered to have killed in self-defense. The verse explains this concept by stating [as the Artscroll Stone Edition Chumash renders the final phrase of the posuk] that “there is no blood-guilt” for killing the burglar: it is as if he had no “blood,” for he had already forfeited his life. (The Artscroll Stone Edition Chumash citing Sanhedrin 72a and Rashi)
Torah follows with Perek 22, posuk 2 as rendered to English in the Artscroll Stone Edition Chumash with commentary (ibid) :
“If the sun shone upon him [the thief], there is blood-guilt on his account. He shall make restitution; if he has nothing, he shall be sold for his theft.”
“If the sun shone.” According to Rashi, the term is allegorical [adjective: a representation of an abstract or spiritual meaning through concrete or material forms; a symbolical narrative]; If it is clear that the intruder means no physical harm as it is clear that the shining sun brings healing to the world, then it is forbidden for the householder to kill.
Onkelos, however renders that witnesses observed the thief. Accordingly, the reference to a shining sun suggests figuratively that the event occurred during the day, when there were witnesses who saw the burglar (Artscroll Stone Edition Chumash citing Ramban). Under such circumstances, he [the thief] would not dare to kill the householder because he would surely be apprehended. Consequently, it is forbidden to kill him.
Not being a great scholar, this author asks, would these Halachot even be applied regarding the massive enemy Hamas/Islamic Jihad/Gazan “civilians'” invasion of Israel, by way of both tunnels and crashing through border fences, along the border with Gaza just after Neitz on 7 October, 2023 [22 Tishrei 5784] — the War of Simchat Torah? And if so, how do we view these Halachot on a national level in view of the methods of the Hamas terror invasion?
While Hamas seemingly projected a false conception for years, accepted by Israel’s top military and political echelons, regarding their intent in Gaza, the true intent of these barbaric, animalistic, sub-human Hamas, Islamic Jihad terrorists and their so-called “innocent Gazan civilian” buddies was the brutal slaughter, not only of over 1,200 Jews, the taking of large numbers of hostages and subjecting them to the most brutal, genocidal, sadistic, inhumane and degrading forms of torture over these past eighteen months, and the liquidation of all or as many Jews as they could reach.
David Porush, student, Teacher, Writer explains on the website “Accidental Talmudist” :
The night tunneler represents a whole class of malevolents [adjective: wishing evil or harm to another, or others; ill-disposed; malicious] troglodytes [noun: persons of degraded, primitive, or brutal character] whose… intentions don’t match their behaviors, dissemblers, imposters, con-men, and liars. The Talmud tells us, Hashem “hates him who says one thing with his mouth and another in his heart.” Maybe even plain everyday sarcasm and irony lies on the road to villainy, subverting trust, burgling innocence, eroding simplicity, tunneling under the foundation of truth. Isaiah says, “Woe to those who say bad is good and good, bad.”
And there is another question to be asked. Perek 21, posuk 16 as rendered to English with commentary in the Artscroll Stone Edition Chumash (page 421) :
“One who kidnaps a man and sells him, and he is found to have been in his [the kidnapper’s] power, shall surely be put to death.”
“One who kidnaps a man.” Citing a parallel verse in Sefer Devarim, Perek 24, posuk 7 [in the Artscroll Stone Edition Chumash] : “If a man is found kidnapping a person of his brethren among the B’nei Yisrael, and he enslaves him and sells him, that kidnapper shall die, and you shall remove the evil from your midst.” Rashi comments that kidnappers are liable to the death penalty only if they forced the victim to work for them and then sold him into slavery. Rashi explains… that there must be witnesses to all parts of the crime, when he was in the criminal’s power; both the kidnapping and the sale [and, presumably, compelling the victim to work].
The Sapirstein Edition, “The Torah: with Rashi Commentary” adds an additional piece to the kidnapper’s sentence of death (Sefer Shemot, page 262) :
Any death stated in Torah without any further qualification is strangulation (The Sapirstein Edition, “The Torah: with Rashi Commentary” citing Mechilta on Sanhedrin 84b)
It would seem to this author that just as there must be witnesses to all parts of a crime regarding a Jew kidnapping one of his brethren warranting a sentence of death, so too, if there are Jews who witness all aspects of a kidnapping, as described above, of Jews by Hamas/Islamic Jihad/ “civilian” terrorists, that a sentence of death would seem more than appropriate.
And so, the Iranian and Qatar funded and strategized [verb: to make up or determine strategy; plan] wild beasts of Hamas and their terrorist buddies in Gaza, Iraq, Yemen and quite possibly Jordan have established multiple battle fronts, and potential battle fronts, in a war which Israel MUST Finally emerge Decisively Victorious, including eradicating all terrorists, terror organizations and their eliminating their benefactors by the hand of Hashem.
The government of Israel MUST take advantage of there being a second Trump presidency to develop and evolve the capacity for Israel to become self-sufficient and self-reliant in home-grown research, development and manufacture of ALL weaponry and ALL types of ammunition, including multi-thousand ton bunker-busters for use in destruction of Hamas/Hezbollah tunnels and Iranian nuclear facilities. In this way we will negate any need for US military aid and the strings attached to it!
Not withstanding the current horrendous “ceasefire” and drips and drabs of hostages in exchange for thousands of bloody-handed terrorists, may it be that our Chayalim, regardless of the machinations of their high command, emerge totally victorious — eradicating from the face of the earth Hamas, their terrorist buddies and the so-called “innocent civilians” of Gaza who joined with Hamas in their murderous deeds, that the Chayalim return home whole — physically, mentally and spiritually and that the Chayalim Liberate and bring home all remaining hostages. May we see a Final and Decisive victory by our Chayalim, mandated by a government secure in it’s foremost service of and emunah in HaKadosh Borchu, B’Ezrat Hashem! And may we see the restoration of true unity within Am Yisrael.
May we, the B’nei Yisrael be zocha that our brethren — the refugee families from Gush Katif be permanently re-settled in Gush Katif, once the IDF, by the Yad Hashem, destructs and eradicates the wild beasts of Hamas, Islamic Jihad, Hezbollah, all other terror entities, and if necessary Iran, and that our brethren be made totally whole — be totally restituted for all that was stolen from them, that the thrice expelled families of Amona be restored to their rebuilt homes and the oft-destroyed Yeshiva buildings in Homesh be rebuilt, as well as the buildings of Yishuv Elchanan, all at total government expense. May our Chayalim return from battle unharmed — physically, mentally and spiritually and may all of the remaining hostages brutally taken by the wild beasts of Hamas be liberated and brought home to their families. Baruch Hashem that our dear brother Jonathan Pollard is now in his fifth year at home in Eretz Yisrael and continues in a new chapter in his life. May Esther Yocheved bat Yechiel Avraham have an aliyah in Shemayim and may her spirit and memory continue to lift Jonathan to at least 120 years. May the MIAs be liberated alive and returned to us in ways befitting Al Kiddush Hashem — as with the return in April, 2019, via Russia, of the remains of Zachariah Baumel, as should the remains of the two chayalim from the Gaza War of ten years ago. May we have the courage and strength to stand up and physically prevent the possibility of Chas V’Challila any future eviction of Jews from their homes and prevent Chas V’Challila the handing of Jewish land over to anyone, let alone to enemies sworn to Israel’s and Judaism’s destruction and eradication. May we see, in 5785, the REAL Jews from the Ukraine and Russia as well as the US and Canada, the real Jews via matrilineal descent, make Aliyah enmass — via thorough review by Misrad HaPanim. And may we soon and finally see the total end to the Communist Chinese Wuhan Lab corona virus pandemic and all like viruses and variants. May we fulfill Hashem’s blueprint of B’nei Yisrael as a Unique people — an Am Segula, not to be reckoned with as with “the nations” and may we be zocha to see the Moshiach, the Ge’ula Shlaima, as Dov Shurin sings; “Ki Karov Yom Hashem Al’Kol HaGoyim”, the Ultimate Redemption, bimhayrah b’yamainu — speedily, in our time”, — Achshav, Chik Chuk, Miyad, Etmol!!!
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Moshe Burt, an Oleh, is a commentator on news and events in Israel and Founder and Director of The Sefer Torah Recycling Network. He lives in Ramat Beit Shemesh.
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