How To Read a Zimber-Dvar:
- Tight for time? Skip the summary enclosed in >>> / <<< and go straight to the analysis.
- (Miss only a few orthogonal comments)
or
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Select Parsha Highlights:
Rules rules rules. Ownership of slaves, and rules therein. Manslaughter. Cities of refuge (part 1, details to follow in subsequent parshiot), Murder in the First Degree ("M1" as my mother calls it). Collateral damage (injuries to others in the course of a fight), and the universally known:
... But if other damage ensues, the penalty shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.
The rights of slaves should they be injured by their master. (A seed of Workman's Compensation?)
The responsibilities of owners for their animals: If you own a bulldog, er, ox, and it injures a person (likely to be fatal without modern medicine)... there is punishment for the owner:
וְאִ֡ם שׁוֹר֩ נַגָּ֨ח ה֜וּא מִתְּמֹ֣ל שִׁלְשֹׁ֗ם וְהוּעַ֤ד בִּבְעָלָיו֙ וְלֹ֣א יִשְׁמְרֶ֔נּוּ וְהֵמִ֥ית אִ֖ישׁ א֣וֹ אִשָּׁ֑ה הַשּׁוֹר֙ יִסָּקֵ֔ל וְגַם־בְּעָלָ֖יו יוּמָֽת׃
-- If, however, that ox has been in the habit of goring, and its owner, though warned, has failed to guard it, and it kills a man or a woman—the ox shall be stoned and its owner, too, shall be put to death.
Workplace safety is described (the origin of OSHA?):
וְכִֽי־יִפְתַּ֨ח אִ֜ישׁ בּ֗וֹר א֠וֹ כִּֽי־יִכְרֶ֥ה אִ֛ישׁ בֹּ֖ר וְלֹ֣א יְכַסֶּ֑נּוּ וְנָֽפַל־שָׁ֥מָּה שּׁ֖וֹר א֥וֹ חֲמֽוֹר׃
בַּ֤עַל הַבּוֹר֙ יְשַׁלֵּ֔ם כֶּ֖סֶף יָשִׁ֣יב לִבְעָלָ֑יו וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃ {ס}
-- When a man opens a pit, or digs a pit and does not cover it, and an ox or an ass falls into it,
the one responsible for the pit must make restitution;
(Note that the cover would need to be strong enough to support an ox. Cover it with something not strong enough... and the Gemarra is unambiguous in that the pit-owner is liable.)
General rules of support for the marginalized:
וְגֵ֥ר לֹא־תוֹנֶ֖ה וְלֹ֣א תִלְחָצֶ֑נּוּ כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם׃
-- You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt.
כׇּל־אַלְמָנָ֥ה וְיָת֖וֹם לֹ֥א תְעַנּֽוּן׃
-- You shall not ill-treat any widow or orphan.
The sabbatical year is described.
And the Mountain:
וַיָּבֹ֥א מֹשֶׁ֛ה בְּת֥וֹךְ הֶעָנָ֖ן וַיַּ֣עַל אֶל־הָהָ֑ר וַיְהִ֤י מֹשֶׁה֙ בָּהָ֔ר אַרְבָּעִ֣ים י֔וֹם וְאַרְבָּעִ֖ים לָֽיְלָה
-- Moses went inside the cloud and ascended the mountain; and Moses remained on the mountain forty days and forty nights.
And much more.
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Slaves, reciprocity and the meaning of justice.
Is Fairness the same as Justice?
Fairness is a funny thing. Is it subjective? What is the important part of fairness? That a rule has been followed? That someone on the outside declared "fair!" (Basketball) Or that the participants feel good about the outcome? (OJ Simpson) Or that the spectators feel good? (counter example: OJ Simpson)
Per the Oral Law (Gemarra) thieves often pay back a multiple of what they stole. And if what they stole increases in value while in their possession, typically they owe based on the increased value. So in this material context, fair is typically not Steal One - Pay One. Typically it is Steal One - Pay Two or More. (The law is especially stringent concerning cattle rustlers.)
And what is "eye for eye" ? -- On the surface, it is "simple" fairness. But the injured party did not ask to be injured. So the concept of "pain and suffering" arises (the Gemarra lists out multiple aspects of damage that must be compensated for, including pain and loss of income among others). But the Jewish context is larger than the parsha text. Chazal treat this posuk not as what we read, but as the basis of a principle of fair play. (The Ibn Ezra, I have read, would posit that it is not reasonable to use simple translation of many of these psukim. He says that some of the language in this parsha is idiomatic. The Tradition is based on the Oral Law, which understands these terse, nearly inactionable, halachot in a lived context.)
A key principle under many of the halachot is that even when damage is caused by circumstances beyond our control, we are responsible. Your animal caused damage... you are responsible. Your construction site was unsafe, you are responsible. That much is explicit. The meaning is broader: Any thing, animal, or person that is yours or acting in your name... is your responsibility.
Even a safe construction site.
Note that intention is absent. Intention is, to be sure, a key difference between manslaughter and M1. But the only thing measured, in the parsha and in Gemarra Bava Kamma, are outcomes. An oft repeated quote of my mother: The road to hell is paved with good intentions. (If I had a nickel for every time I heard this growing up....)
Fairness and justice have much overlap. It might not feel fair to hold me accountable for the actions of my animal. The beast does, after all, have a mind of its own. (Parenting teenagers is particularly fraught in this regard.) But the Tradition is unambiguous: Result are judged, not intentions.
And the scales of justice, though (we hope) blind, do not hang in balance.
One side is usually heavier.
----
https://en.wikipedia.org/wiki/The_road_to_hell_is_paved_with_good_intentions
https://judaism.stackexchange.com/q/38763/13494
The quotes from my mother, Bunni Fasman Zimberoff, are, I expect, things she learned from her father, Michael Fasman. Grandpa Mike was an attorney, and he died (Feb 6, 2000 / Adar I 1, 5760). I calculate this to be the Sunday after Mishpatim was read in shul. Our youngest daughter, born in 2002, is named Alma Michal Zimberoff in his memory.
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Life is but a Cliche -- by Frank Antonicelli
Life is short and 90% of life is just showing up
So early to bed, early to rise
Live one day at a time
Make the most of each day
And live each day like it’s your last.
Slow and steady wins the race
And gives you time to stop and smell the roses
But keep in mind that every rose has its thorns.
The road to hell is paved with good intentions
So when you come to a fork in the road, take it
Because the grass is always greener on the other side
And nothing ventured, nothing gained.
Remember, you get what you pay for and there’s no free lunch
So make hay while the sun shines
Because a penny saved is a penny earned
And a fool and his money are soon parted
So if you fool me once, shame on you; fool me twice, shame on me.
Absolute power corrupts absolutely
So speak truth to power
Because rarely do you get a second chance to make a first impression.
The end justifies the means
So speak softly and carry a big stick
But don’t go off half-cocked.
Many a true word hath been spoken in jest
So have the last laugh
Because he who laughs last, laughs best.
Don’t judge a book by its cover
And actions speak louder than words
But also remember, failure to act is often the biggest failure of all.
We’re talkin’ about practice, not a game, not a game, practice
So when you finally get up to bat
Put your best foot forward
Just do your job and swing for the fences
Because you play to win the game
And second place is just the first loser.
If you love someone, set them free
If they come back they’re yours; if they don’t they never were.
All you need is love
So make love not war
And in the end, the love you take is equal to the love you make.
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