Parashat Mishpatim — The Measure Of Human Decency

Parashat Mishpatim contains fifty-three of the 613 mitzvot of the Torah, most of them governing the relationship between a person and his fellow human being. The Torah places extraordinary emphasis on interpersonal responsibility — no less than on ritual or belief.

If a person sins against G-d and sincerely repents, G-d forgives him. But if a person harms another human being — financially, physically, or emotionally — Heaven does not grant forgiveness until the victim himself grants it. A person may fast, pray, give charity, and perform many mitzvot, yet none of this atones for wronging another person until restitution is made and forgiveness is obtained.

This is why Avimelech had to ask Avraham to pray for him. G-d stands on the side of the offended, and even sincere repentance is incomplete without human reconciliation.

If the victim has died, the offender must seek forgiveness at the gravesite in the presence of a minyan, publicly acknowledging his wrongdoing. I myself have twice been sent as a representative to perform this difficult task on behalf of others — a humbling reminder that harm to another human being never simply “disappears.”

Mishpatim teaches that a person is responsible not only for intentional harm, but also for negligence. If someone digs a pit in a public space and an animal falls in and dies, he must compensate the owner. If someone leaves dangerous objects in the street and another person is injured, he is liable. Even if harm was not intended, responsibility remains.

The Talmud tells of a man named Amos who threw stones from his field onto a public road. A sage warned him, but he laughed. Later, Amos stumbled over those very stones in the dark and was badly injured. Only then did he realize that the “public road” was also his responsibility. The lesson is clear: piety means ensuring that one’s actions never endanger others — even indirectly.

Rabbi Yisrael Salanter, founder of the Mussar movement, emphasized that Jewish children traditionally begin studying the Talmud with tractates about damages precisely to instill early moral responsibility. How fitting that his yahrtzeit falls in the week of Mishpatim.

Rav Salanter also taught that one cannot be meticulous in ritual while careless in human dignity. He illustrated this with a powerful example: a man rushing to recite Selichot before dawn slams his door, awakening a grieving widow. In his religious zeal, he forgets basic sensitivity — and commits two sins at once.

Rav Salanter himself modeled compassion even in small matters. When baking matzot with his students, he warned them not only to keep the halachot of Pesach, but also never to embarrass the poor women kneading the dough.

On the anniversary of his mother’s passing, Rav Salanter waived his right to recite Kaddish so that a grieving father could do so instead, explaining that honoring his mother meant performing kindness for another person.

He even limited how much water he used for handwashing, knowing that a servant had to carry it from a distant well.

Mishpatim teaches that holiness is measured not only by how we stand before G-d — but by how we treat people who stand beside us.

---

Rabbi Yitzchok Zilber, zt”l, dedicated his life to teaching Torah, and his impactful writings continue to inspire Jews worldwide. Copyright 2023 by The LaMaalot Foundation. Conversations on the Torah is catalogued at The Library of Congress. All rights reserved. www.LaMaalot.org