Difference between revisions of "Shabbat Table Topics – Parashat Mishpatim/0/he"
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<h1>נושאים לשולחן שבת – פרשת משפטים</h1> | <h1>נושאים לשולחן שבת – פרשת משפטים</h1> | ||
<category>Law and Order | <category>Law and Order | ||
| − | <p>Should the main purpose of a judicial code be to lay down principles of right and wrong or to preserve law and order? Which do the legal sections of the Torah aim to do?</p><ul> | + | <p>Should the main purpose of a judicial code be to lay down principles of right and wrong or to preserve law and order? Which do the legal sections of the Torah aim to do?</p> |
| + | <ul> | ||
<li>Examine the laws presented in Parashat Mishpatim (and other legal sections of Torah). What types of laws are included?  How are these formulated (are they conditional or absolute statements?)  What punishments are included?  What does this suggest about the purpose of the Torah's legal code?</li> | <li>Examine the laws presented in Parashat Mishpatim (and other legal sections of Torah). What types of laws are included?  How are these formulated (are they conditional or absolute statements?)  What punishments are included?  What does this suggest about the purpose of the Torah's legal code?</li> | ||
| − | <li>How do other Ancient Near Eastern law codes compare?  What can the differences teach about the underlying values of each culture and their conceptions of justice?  | + | <li>How do other Ancient Near Eastern law codes compare?  What can the differences teach about the underlying values of each culture and their conceptions of justice?  ראו <a href="The Torah and Ancient Near Eastern Law Codes" data-aht="page">התורה וחוקי מזרח הקדמון</a>.</li> |
<li>Would you refer to the Torah as a whole as a law code? Why or why not?</li> | <li>Would you refer to the Torah as a whole as a law code? Why or why not?</li> | ||
</ul> | </ul> | ||
</category> | </category> | ||
<category>Of Fetuses, Bystanders and Manslaughter | <category>Of Fetuses, Bystanders and Manslaughter | ||
| − | <p><a href="Shemot21-22-23" data-aht="source"> | + | <p><a href="Shemot21-22-23" data-aht="source">שמות כ"א</a> speaks of a case in which a pregnant woman is injured in a brawl leading to either a miscarriage or the premature birth of her baby.  The verses abound in ambiguities, making the exact law unclear.  Scan the verses and discuss the following issues, using <a href="Injury to Bystanders and the Meaning of "יהיה אסון"" data-aht="page">נזק לעוברי אורח ומשמעות "יהיה אסון"</a>as a guide:</p> |
| + | <ul> | ||
<li>What can this case teach about how the Torah views the status of a fetus? Is it considered its own independent entity, no different than any human being? Or, is it considered to be only a part of its mother's body ("עובר ירך אמו"), leading to lesser culpability if aborted?  What textual issues affect your answer?</li> | <li>What can this case teach about how the Torah views the status of a fetus? Is it considered its own independent entity, no different than any human being? Or, is it considered to be only a part of its mother's body ("עובר ירך אמו"), leading to lesser culpability if aborted?  What textual issues affect your answer?</li> | ||
<li>If a person intended to kill one individual, but mistakenly kills another, how should the action be viewed?  Is this a capital crime, as there was intent involved, or is it accidental manslaughter, as the victim was not actively targeted? What does the case of the pregnant bystander teach about the law?</li> | <li>If a person intended to kill one individual, but mistakenly kills another, how should the action be viewed?  Is this a capital crime, as there was intent involved, or is it accidental manslaughter, as the victim was not actively targeted? What does the case of the pregnant bystander teach about the law?</li> | ||
| Line 17: | Line 19: | ||
</category> | </category> | ||
<category>An Eye for an Eye | <category>An Eye for an Eye | ||
| − | <p>As the penalty for certain forms of physical assault, the Torah puts forth a principle of "measure for measure" punishment, declaring that one give an "eye for an eye, tooth for tooth" etc. </p><ul> | + | <p>As the penalty for certain forms of physical assault, the Torah puts forth a principle of "measure for measure" punishment, declaring that one give an "eye for an eye, tooth for tooth" etc. </p> |
| + | <ul> | ||
<li>Is this the fairest form of justice, or "cruel and unusual" punishment? </li> | <li>Is this the fairest form of justice, or "cruel and unusual" punishment? </li> | ||
<li>In setting penalties for crimes, which of the following objectives should take precedence: compensation to the victim, rehabilitation of the criminal, retribution, or deterrence?  What does this law suggest?  Is this the norm or exception in Torah?</li> | <li>In setting penalties for crimes, which of the following objectives should take precedence: compensation to the victim, rehabilitation of the criminal, retribution, or deterrence?  What does this law suggest?  Is this the norm or exception in Torah?</li> | ||
| − | <li>The overwhelming majority of Talmudic sages rule that in the case of bodily harm, the guilty party pays restitution rather than being mutilated. But is this the simple interpretation of the verses in the Torah? Does the simple sense of the Biblical texts differ from the Rabbinic verdict? If so, why is this? And, most importantly, how can the <i>peshat</i> and <i>derash</i> be reconciled? | + | <li>The overwhelming majority of Talmudic sages rule that in the case of bodily harm, the guilty party pays restitution rather than being mutilated. But is this the simple interpretation of the verses in the Torah? Does the simple sense of the Biblical texts differ from the Rabbinic verdict? If so, why is this? And, most importantly, how can the <i>peshat</i> and <i>derash</i> be reconciled? ראו <a href=""עַיִן תַּחַת עַיִן" – An Eye for an Eye" data-aht="page">"עין תחת עין"</a>.</li> |
</ul> | </ul> | ||
</category> | </category> | ||
<category>The Benefits of Shemittah | <category>The Benefits of Shemittah | ||
| − | <p> | + | <p>מהי <a href="Purpose of Shemittah" data-aht="page">מטרת שנת השמיטה</a>?  בעוד ש<multilink><a href="RambanVayikra25-2" data-aht="source">רמב"ן</a><a href="RambanVayikra25-2" data-aht="source">ויקרא כ"ה:ב'</a><a href="R. Moshe b. Nachman (Ramban, Nachmanides)" data-aht="parshan">אודות ר' משה בן נחמן</a></multilink> focuses on how the year helps an individual's spiritual growth and increases their recognition of Hashem, <multilink><a href="ShadalVayikra25-2" data-aht="source">שד"ל</a><a href="ShadalVayikra25-2" data-aht="source">ויקרא כ"ה:ב'</a><a href="R. Shemuel David Luzzatto (Shadal)" data-aht="parshan">אודות ר' שמואל דוד לוצאטו</a></multilink> emphasizes how the year inculcates social equality and concern for the less fortunate.  <multilink><a href="RambamMorehNevukhim339" data-aht="source">רמב"ם</a><a href="RambamMorehNevukhim339" data-aht="source">ג ל"ט</a><a href="Rambam Moreh Nevukhim" data-aht="parshan">About Rambam Moreh Nevukhim</a></multilink>,<fn>See Rambam's second approach there.</fn> in contrast, suggests that Shemittah serves a practical function in keeping the land healthy and capable of bearing fruit.</p> |
| − | <li>Is it possible that certain commandments were instituted only for utilitarian purposes? What other mitzvot have been given such an explanation?<fn> | + | <ul> |
| − | <li>Does the Torah promote capitalism or socialism?  What do the laws of Shemittah suggest?<fn> | + | <li>Is it possible that certain commandments were instituted only for utilitarian purposes? What other mitzvot have been given such an explanation?<fn>ראו רשב"ם ורמב"ם לגבי <a href="Purpose of the Laws of Kashrut" data-aht="page">מטרת חוקי כשרות</a> ורלב"ג לגבי <a href="Tzara'at" data-aht="page">צרעת</a>, who each explain that aspects of each of these laws relate to health concerns.  ראו גם רמב"ם המציע ש<a href="Purpose and Placement of the Incense Altar" data-aht="page">הקטורת</a> היה deodorizer to rid the Tabernacle of the odors of burnt animals.</fn></li> |
| + | <li>Does the Torah promote capitalism or socialism?  What do the laws of Shemittah suggest?<fn>ראו <a href="ZeevJabotinskyWritingsVol9pp173-180" data-aht="source">זאב ז׳בוטינסקי</a> who notes that the seven year Shemittah cycle and the Jubilee Year combine elements of both systems. For six years a free market economy allows for growth and competition, while the seventh year tries to ensure that the pitfalls of such a system, i.e. big gaps between the rich and poor, are avoided</fn></li> | ||
<li>How are Shemittah and Shabbat similar?  What benefits are gained from an enforced resting and refraining from work?  </li> | <li>How are Shemittah and Shabbat similar?  What benefits are gained from an enforced resting and refraining from work?  </li> | ||
</ul> | </ul> | ||
Version as of 06:54, 16 August 2019
נושאים לשולחן שבת – פרשת משפטים
Law and Order
Should the main purpose of a judicial code be to lay down principles of right and wrong or to preserve law and order? Which do the legal sections of the Torah aim to do?
- Examine the laws presented in Parashat Mishpatim (and other legal sections of Torah). What types of laws are included? How are these formulated (are they conditional or absolute statements?) What punishments are included? What does this suggest about the purpose of the Torah's legal code?
- How do other Ancient Near Eastern law codes compare? What can the differences teach about the underlying values of each culture and their conceptions of justice? ראו התורה וחוקי מזרח הקדמון.
- Would you refer to the Torah as a whole as a law code? Why or why not?
Of Fetuses, Bystanders and Manslaughter
שמות כ"א speaks of a case in which a pregnant woman is injured in a brawl leading to either a miscarriage or the premature birth of her baby. The verses abound in ambiguities, making the exact law unclear. Scan the verses and discuss the following issues, using נזק לעוברי אורח ומשמעות "יהיה אסון"as a guide:
- What can this case teach about how the Torah views the status of a fetus? Is it considered its own independent entity, no different than any human being? Or, is it considered to be only a part of its mother's body ("עובר ירך אמו"), leading to lesser culpability if aborted? What textual issues affect your answer?
- If a person intended to kill one individual, but mistakenly kills another, how should the action be viewed? Is this a capital crime, as there was intent involved, or is it accidental manslaughter, as the victim was not actively targeted? What does the case of the pregnant bystander teach about the law?
An Eye for an Eye
As the penalty for certain forms of physical assault, the Torah puts forth a principle of "measure for measure" punishment, declaring that one give an "eye for an eye, tooth for tooth" etc.
- Is this the fairest form of justice, or "cruel and unusual" punishment?
- In setting penalties for crimes, which of the following objectives should take precedence: compensation to the victim, rehabilitation of the criminal, retribution, or deterrence? What does this law suggest? Is this the norm or exception in Torah?
- The overwhelming majority of Talmudic sages rule that in the case of bodily harm, the guilty party pays restitution rather than being mutilated. But is this the simple interpretation of the verses in the Torah? Does the simple sense of the Biblical texts differ from the Rabbinic verdict? If so, why is this? And, most importantly, how can the peshat and derash be reconciled? ראו "עין תחת עין".
The Benefits of Shemittah
מהי מטרת שנת השמיטה? בעוד שרמב"ן focuses on how the year helps an individual's spiritual growth and increases their recognition of Hashem, שד"ל emphasizes how the year inculcates social equality and concern for the less fortunate. רמב"ם,1 in contrast, suggests that Shemittah serves a practical function in keeping the land healthy and capable of bearing fruit.
- Is it possible that certain commandments were instituted only for utilitarian purposes? What other mitzvot have been given such an explanation?2
- Does the Torah promote capitalism or socialism? What do the laws of Shemittah suggest?3
- How are Shemittah and Shabbat similar? What benefits are gained from an enforced resting and refraining from work?
More...
For more, see: Parashat Mishpatim Topics.
