A fascinating law, among the many found in the Parshah, is that concerning the theft of a ox or sheep. The Torah provides that the thief has to pay fivefold the value of the ox and fourfold the value of the sheep. Unlike most such cases, where the tradition sees ox or sheep as generic terms, the sages here considered the Torah to be referring specifically to these two animals, and not others. Furthermore, interesting explanations were advanced by the Rabbis to explain the difference in penalty between the two. This was not simply that an ox is worth more than a sheep. Rather two sociological explanations were advanced. Rabbi Yochanan considered the honour of the thief. Because he needed, when stealing a sheep, to carry it on his shoulders, he is required to pay less than for an ox he could simply lead away. We take into account the degradation of the thief’s human dignity. Rabbi Meir looks at the intrinsic value of the animal itself. Because an ox works for a living, ploughing and the like, his theft is regarded as more injurious than that of a sheep that does nothing. The Torah here is upholding the dignity of work. If we look at these two concepts we may consider whether they are in fact really contradictory or actually complement each other. On the one hand we have the importance of the dignity of a human being, even a thief. The fact that he has had to degrade himself in the course of his theft is a reason to lighten his punishment. This is an intrinsic dignity, irrespective of the situation or actions of the individual. Yet the Torah also believes in another type of dignity, conferred on the person by their actions. The importance of work is based in Rabbinic literature on the concept that it confers dignity on the human being, enabling him to be a partner with G-d in creation. These two concepts can be seen as the basis for two different types of human rights. We have human rights based in actuality; those that protect our right to life and freedom, and prohibit torture, starvation or degradation of our humanity. Yet we also have human rights based on our potential. The right to education, work and responsibility. The right to be an active and valued member of society. That is no less important. We hear lots of talk about rights balanced by responsibilities, as if they were two opposing ideas. Yet according to our reading of our Parshah, they are in fact the same thing. For as in the case of the ox’s right to work, responsibility is also a human right.

ALIYAH BY ALIYAH SYNOPSIS

Sidra Statisics

Parshat Mishpatim

·         has 118 verses ;

·         is the 6th in Exodus, 18th in the Torah

·         5th longest in Exodus, 21st longest in the Torah

·         has 23 pos + 30 neg = 53 mitzvot.