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Parshas Mishpatim - Do the Do's & Don't Do the Don'ts        28 Shvat 5777

02/23/2017 10:56:06 PM

Feb23

Recently, the Shul held a mid-week scholar/Rabbi visit who gave classes in our community. Rabbi Zvi Solomon, one of the senior Mashgichim of the KVH and the head of the Boston Shaatnez Laboratory, presented live demonstrations about how to clean produce and also taught and revived an awareness of the Mitzva of Shaatnez. Rabbi Solomon is passionate about his work and derives great satisfaction from witnessing Mitzva observance taken seriously. During the class on Shaatnez, I learned an important lesson from the Rabbi. He explained that these “kinds” of commandments aren’t the most glorious and sought-after ones by many. In fact, quite often these Mitzvos are taken less seriously by many who rationalize why they don’t need to do ‘all the things’ he prescribed. He noted that there are, as we know, ‘Chukim’ - the laws that don’t make sense (and a human being would not necessarily even think of such laws) and ‘Mishpatim’ - the laws that do make sense (a human being would come up with these laws). A true Oveid Hashem, a person who truly serves God, is the one who does the Chok Mitzvos, those that are difficult to understand and accept. Someone who only observes the Mitzvos that he/she likes and-or understands is really worshipping themselves, not God. These individuals choose to observe only the things that make them feel good, but that is not what the Torah and fulfilling the Mitzvos is about.

There are other Chok Mitzvos that are unfortunately taken lightly, meaning people don’t take the Mitzva seriously, resulting in the non-fulfillment or even violation of those commandments (for a full list please speak to me privately). I do understand that not everyone is able to fulfill every Mitzva, and I am no exception to that, but what is crucial is the acceptance of responsibility towards all six hundred thirteen Biblical commandments and the myriad of Rabbinic enactments and decrees. Anything short of an outright rejection of one Mitzva that a person says or feels he does not believe in is considered apostasy. Even the violation or non-fulfillment of a positive Mitzva that is declared publicly or displayed in a rebellious fashion would also fall under the same category. We live in challenging times and the test of our commitment is very strong. We sometimes fail in the application, but we may never falter in our belief, acceptance, and commitment.

Parshas Mishpatim contains 8.65% of the Mitzvos of the Torah: twenty-three imperative and thirty prohibitions. One of the positive commandments in this week’s parsha of Mishpatim is to make sure the “Mechasheifa” sorceress does not live. In Shmos 22:17 the verse states: “Mechasheifa Lo S’Chayeh”. Perhaps the reader will try to figure out if this Mitzva is a Chok or a Mishpat. As with all Mitzvos, even this one is relevant today despite the possibility that you may never have been a Harry Potter fan, such as myself. Nevertheless, the prohibition still exists today. Although we cannot carry out the punishments, there are perhaps people around today who may not be performing magic but are doing things in the same spirit as the sorceress.

What was the reason the Torah commanded that a magician (not an illusionist) or sorcerer must be put to death even if the offender was not Jewish? First and foremost, Rashi quotes the Gemara Sanhedrin 67b, teaching us that the commandment was for both male and female sorcerers and explains the Torah usage in the female because the M’Chasheifa (female) were more abundant than their male counterparts. Moreover, it is interesting to note that the Torah does not say they shall be put to death like most of the other times death is used, but rather ‘she shall not live”. Rav Naftali Zvi Yehuda Berlin in his HaAmek Davar explains the reason that ‘shall not live’ is used is because they create a danger or risk for all mankind and therefore are considered a pursuer of a life. As a rule, the Torah commands a person to kill his pursuer. Rav Sorotzkin, in his work Aznayim L’Torah, explains the juxtaposition of this Mitzva following the Mitzva of taking a woman by force in a forbidden manner. He explains that a man who desires a certain woman may turn to a sorceress so that though her powers the heart of the woman will be directed towards this man. Rav Sorotzkin goes so far as to say that even in his time he had heard of such things.

  1. today’s day and age, we’re confronted with society’s acceptance of individuals who choose their gender. New categories and classifications are springing up in every generation. The latest new gender that I have heard of is non-binary gender: the person can choose a gender that he/she wants to be one day and then morph over to the other gender another day. In modern times no one needs to turn to the sorceress to promote gender deviances. It is the society that gives us the opportunity. This by and large does not just go against the Jewish perspective and agenda, it goes against mankind, as mentioned by the Netziv.

The final question is why does this person in the Torah or this philosophical outlook need to be put to death, requiring that this way of thinking must be destroyed, emphasizing that it cannot live on? The Midrash Rabbah quotes the Gemara Sanhedrin 67b: “Rebbi Yochanan says: The reason the name of the sorceress is ‘Mechasheifa is developed from its root. Why is magic called Kishuf? Because it tries to destroy and contradict the design from above.” The word is an acronym for “Kachash Pamalya Shel Maalah”- It tries to destroy the heavenly decrees of how things should work on Earth. Black magic tries to contradict and change that which God created in the beginning of all time. This is an act of rebelliousness on the hands of the sorcerer/sorceress and therefore deserves the death penalty for promoting a different kind of idolatry whereby people worship their own new creations, openly going against what Hashem wanted.

We live in dangerous times where the fabric of not only the Jewish home is under attack, but the entire human species is under siege. There is no Mitzva that does not exist today, perhaps not in the identical physical way it once did, but perhaps in a more serious and dangerous fashion today. This is the spirit and philosophical reason behind it. Keep in mind every Mitzva applies today and we must be careful in its observance and in the fulfillment of all the Mitzvos in every day and in every generation.

Ah Gut Shabbos

Rabbi Avraham Bogopulsky

Disclaimer: I am explaining why I believe this Mitzva exists in some shape or form today. I am fully supportive of helping those in need and am ready to guide them back to a state of being that the Torah commands us to be.

Rabbi Bogopulsky’s new book “Developing A Torah Personality” is available for purchase directly from him or Amazon

Fri, April 26 2024 18 Nisan 5784