D’var Torah – February 21

I hope this finds you all well.

It would be hard to find anyone who would say that kindness isn’t a virtue, a good thing, something worth emulating and teaching to our children from their earliest days. But can kindness ever be seen as a weakness, a flaw, something to be afraid of…something bad?

The answer is surprisingly and sadly…yes.

But how? How can showing hospitality, charity, mercy, compassion, empathy, or selflessness ever be a bad thing, especially towards those who are the most vulnerable? Seriously, how?

In this week’s parsha of Mishpatim (Exodus 21:1–24:18) we learn why sometimes we must temper or restrain our kindness. We are given the following mitzvah (commandment) when it comes to adjudicating civil suits: “nor shall you show deference to a poor person in a dispute.” [Exodus 23:3 (courtesy Sefaria.org)]

In other words, we are to weigh a poor person with the same standing as a wealthy person, neither more nor less. The case is not to be decided on someone’s wealth, status in the community, their last name, or who their mom or dad is. The determining factor is the law and facts, nothing more or less.

Ok, but what are some examples, how can this possibly play out?

Well, let’s say a wealthy ranch owner hires a poor cow polk to watch his cattle and horses. The ranch hand is negligent and doesn’t feed or water the cows and horses, and sadly, they die. Would it be right for the court to say to the ranch owner, “well, you’re rich, so you can take the hit, and this poor, lowly guy you hired doesn’t have two nickels to rub together, so we’re going to cut him a break. Sorry, not sorry pal”?

Or let’s say a person of great means hires someone who doesn’t have as much to clean their house and this second person steals from the wealthy owner of the house. Would it be right for the court to let that thief off the hook? No, of course not!

The great sages of our people impress upon us why this commandment is so important, so vital, so essential. Rabbi Adin Steinsaltz taught, “This law, which is addressed to a judge, refers to the tendency to have mercy for the weaker litigant. A judge must issue a just verdict, even if a pitiful individual will thereby suffer.”[1]  Likewise, the Rashbam commented, “‘do not favor the poor nor show deference to the rich’. The unvarying motto is ‘judge your kinsman fairly.’”[2]

The greatest respect we can give to society, the law, and indeed all people regardless of their station is to treat them fairly and equally before the law without favoritism or prejudice one way or the other.

The lesson of this commandment is not to hide our kind hearts, but to know when to restrain them and temper with justice, law, righteousness, and fairness.

Bizrat HaShem, with God’s help, may we always know when to act kindly and when to act justly.

Wishing you all a Good Shabbos and a great weekend.

Bivrakha,

Rabbi Aaron Stucker-Rozovsky

Beth El Congregation | 520 Fairmont Ave, Winchester, VA 22601

(540) 667-1889 (office)