"Instead of stinging nettle, myrtle will rise" (Isaiah 55:13)
 "Instead of evil, good will rise." (The Malbim's Interpretation)
Myrtle Rising
  • Blog
  • Comments Disabled
    • Privacy Policy
  • Aliyah
    • Mini-Intro
    • General Cultural Insights
    • School Tips
  • Kli Yakar Index
  • Most Popular
  • Contact

The Kli Yakar - Parshat Mishpatim

4/2/2016

0 Comments

 
This week, the Kli Yakar writes at length about the high standards a dayan (a judge in a court — a beit din — that completely conforms to Jewish Law) absolutely must maintain.
This is yet another example of the Kli Yakar's specialness and high integrity.

It is human nature to defend (or to at least show sympathy toward) the group with which one identifies.

The Kli Yakar himself served as dayan, and it is that profession which the Kli Yakar repeatedly exhorts to be courageous, God-fearing, humble, honest, trustworthy, and to avoid even a hint of arrogance, while harshly condemning dayanim who do not meet these standards.

Making Fine Wine & Fine Verdicts

וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם
"And these are the laws that you shall put before them...." (21:1)
 
​
Regarding this verse alone, the Kli Yakar writes for pages, exhorting dayanim to humble themselves against the slightest speck of arrogance or conceit. The Kli Yakar also warns dayanim not to "trample on the heads of the holy Nation," meaning not to trample of the heads of either the religious leaders or the regular people.

He stresses the absolute necessity of thoughtful deliberation before issuing a ruling, comparing it to the process of producing fine wine:
....the dregs descend to the bottom — meaning, the chaff and faulty ideas jumbled within the mind of a person — and by means of their descent to the bottom, his mind itself will remain clear, pure, and clean without intermixing and he won't come to err...." 
Picture
The Kli Yakar also opines that hasty judgement is a sign of the following:
  • arrogance
     and/or
  • having accepted a bribe​

Physical Blemishes: What They Really Tell Us

Then the Kli Yakar discussed the deeper meaning of physical blemishes.

First, he quotes Gemara Yevamot: "Just as [those who served on] the beit din was clean in justice, likewise, they were clean from any physical blemish."
Then he explains:
....any blemish in one's body is not so prohibitive in and of itself. However, [it renders one's service invalid] in that it shows some kind of negative aspect [of the person's spiritual character] associated with [that part of] the body...."

For example, the Kli Yakar mentions how blindness can indicate having accepted a bribe, which can lead to blindness, as stated in Shemot 23:8 and Devarim 16:19.
 
(For more information on what various physical ailments could be telling you about your spiritual and emotional issues, including guidance on how to heal both the physical and the spiritual/emotional issues, I've found the books Garden of Healing and Talk to God and Fix Your Health to be of immense value.)

Never Fear!

Regarding any fears a dayan may have regarding a possibly violent reaction from a litigant resulting from a just ruling against that litigant, the Kli Yakar reassures the dayan that just as no iron implement could be raised against the Mizbe'ach (the Altar), next to which the Sanhedrin was seated, so too, "no evil will come to him" meaning that Hashem will protect the righteous dayan from assault.

The Exploitative Poor vs. the Genuinely Needy Poor

Picture
כִּי תִרְאֶה חֲמוֹר שֹׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב עִמּוֹ

"....you shall surely help along with him." (23:5)

 
Throughout this parsha, the Kli Yakar also repeatedly emphasizes the great need to give tzedakah without hesitation.

Yet he also stresses the need to give only to those who truly can't manage without it.

Because the verse uses the word "imo
/with," the Kli Yakar understands it to imply that the poor person must also make an effort.

In that sense, the giver is helping the receiver to "lift his load."

And here is an answer regarding the small minority of the poor of our nation who cast themselves on the public and they don't want to perform any kind of work, even if they are able, nor any other kind of thing that is within their ability to bring relief to the hunger in their home, and protest if people don't give them enough to provide whatever they lack:
​
Hashem did not command this [i.e., to support poor people who can work, but instead, prefer to accept hand-outs]. Rather, "along with him" — "raise it with him" — because the poor person shall do everything in his power to make [a livelihood].

And if, nevertheless, he cannot manage, than every man of Yisrael is obligated to assist him, to support him and to provide whatever he lacks —"and you shall surely help along with him"— even a hundred times.

Rabbi Shlomo Ephraim of Luntschitz (1550-1619) lived in Bohemia (which is today Poland and Czechoslovakia). He served as rabbi and dayan and wrote several books, the most well-known being his commentary on the Chumash known as the Kli Yakar.
This is my own translation and any errors are also mine.
 

For a wonderful rendering of the Kli Yakar into English, please see Rabbi Elihu Levine's translation. 
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Privacy Policy

    Picture
    Please note this is an affiliate link. Meaning, I get a small cut but at NO extra cost to you. If you use it, I'm grateful. If not, you still get a giant mitzvah connected to Eretz Yisrael.


    Feedburner subscription no longer in operation. Sorry!

    Myrtle Rising

    I'm a middle-aged housewife and mother in Eretz Yisrael who likes to read and write a lot.


    Picture
    Sample Chapters

    Categories

    All
    Aliyah
    Anti Jewish Bigotry
    Anti-jewish-bigotry
    Astronomy
    Book Review
    Books
    Chagim/Holidays
    Chinuch
    Coronavirus
    Dictionaries
    Emuna
    Eretz Yisrael
    Erev Rav
    Gender
    Hitbodedut
    "If The Torah..."
    Jewish Astrology
    Kav Hayashar
    Kli Yakar
    Lashon Hara
    Love
    Me'am Loez
    Minchat Yehudah
    Mishlei/Proverbs
    Netivot Shalom
    Parenting
    Parsha
    Pele Yoetz
    Perek Shira
    Pesach
    Politics
    Prayer
    Purim
    Rav Avigdor Miller
    Rav Itamar Schwartz
    Rav L.Y. Bender
    Recipes
    "Regular" Jews
    Rosh Hashanah
    Society
    Sukkot
    Tammuz
    Technology
    Tehillim/Psalms
    Teshuvah
    The Lost Princess
    Tisha B'Av
    USA Scary Direction
    Women
    Yom Kippur

    Jewish Blogs

    Daf Yomi Review
    Derech Emet
    Going...Habayitah
    Halacha Q&A
    Hava haAharona
    Miriam Adahan
    My Perspective

    Shirat Devorah
    Tomer Devorah
    Toras Avigdor
    True Tzaddikim
    Tznius Blog

    Yeranen Yaakov
    Rabbi Ofer Erez (Hebrew lectures)

    Jewish Current Events

    Hamodia
    Sultan Knish
    Tomer Devorah
    Yeranen Yaakov

    Jewish Health

    People Smarts

    Archives

    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015

    RSS Feed

    Copyright Notice

    ©2015-2022 Myrtle Rising
    Excerpts and links may be used without express permission as long as a link is provided back to the appropriate Myrtle Rising page.

Home/Blog

Most Popular

Kli Yakar in English

Aliyah

Contact

Copyright © 2023
Photos used under Creative Commons from Brett Jordan, BAMCorp, Terrazzo, Abode of Chaos, Michele Dorsey Walfred, marklordphotography, M.Burak Erbaş, torbakhopper, jhritz, Rina Pitucci (Tilling 67), Svadilfari, kum111, Tim simpson1, FindYourSearch, Giorgio Galeotti, ChrisYunker, Jaykhuang, YourCastlesDecor, bluebirdsandteapots, Natalia Medd, Stefans02, Israel_photo_gallery, Commander, U.S. 7th Fleet, BradPerkins, zeevveez, dfarrell07, h.koppdelaney, Edgardo W. Olivera, nafrenkel88, zeevveez, mtchlra, Liz | populational, TraumaAndDissociation, thinboyfatter, garofalo.christina, skpy, Free Grunge Textures - www.freestock.ca, Nerru, Gregory "Slobirdr" Smith, trendingtopics, dolbinator1000, DonkeyHotey, zeevveez, erix!, zeevveez, h.koppdelaney, MAURO CATEB, kevin dooley, keepitsurreal, annikaleigh, bjornmeansbear, publicdomainphotography, Leonard J Matthews, Exile on Ontario St, Nicholas_T, marcoverch, planman, PhilWolff, j_lai, t.kunikuni, zeevveez, Ian W Scott, Brett Jordan, RonAlmog, Bob Linsdell, NASA Goddard Photo and Video, aaron_anderer, ** RCB **, Tony Webster, mypubliclands, AntonStetner, Zachi Evenor, MrJamesBaker, sammydavisdog, Frode Ramone, Wonder woman0731, wrachele, kennethkonica, Skall_Edit, Pleuntje, Rennett Stowe, *S A N D E E P*, symphony of love, AlexanderJonesi, Arya Ziai, ePublicist, Enokson, Tony Webster, Art4TheGlryOfGod, seaternity, Andrew Tarvin, zeevveez, Israel_photo_gallery, Iqbal Osman1, Matt From London, Tribes of the World, Eric Kilby, miracle design, RonAlmog, slgckgc, Kim Scarborough, DonkeyHotey, Mike Licht, NotionsCapital.com, h.koppdelaney, gleonhard, Pedro Travassos, nociveglia, RonAlmog, Israel_photo_gallery, Septemia, Paulann_Egelhoff, Tatiana12, MAD Hippies Life, Neta Bartal, milesgehm, shooting brooklyn, RonAlmog, smilygrl, gospelportals, leighblackall, symensphotographie, zeevveez, Kyknoord, wotashot (taking a break), Tambako the Jaguar, bitmask, Arnie Sacknooson, mattymatt, Rob Swystun, zeevveez, Dun.can, Tim Patterson, timeflicks, garlandcannon, HRYMX, fred_v, Yair Aronshtam, zeevveez, Ron Cogswell, FindYourSearch, Israel_photo_gallery, Serendipity Diamonds, zeevveez, Steve Corey, Dominic's pics, leighklotz, Stefans02, dannyman, RonAlmog, Stephen O, RonAlmog, Tips For Travellers, Futurilla, anomalous4, Bob Linsdell, AndyMcLemore, symphony of love, andydr, sara~, Gamma Man, Mike Licht, NotionsCapital.com, robef, European Southern Observatory, Brett Jordan, Johnny Silvercloud, Israel_photo_gallery, smkybear, --Sam--, Paulann_Egelhoff, Selena Sheridan, D'oh Boy, campbelj45ca, 19melissa68, entirelysubjective, Leimenide, dheera.net, Brett Jordan, HonestReporting.com, Iqbal Osman1, One Way Stock, Jake Waage, picto:graphic, Marcelo Alves, KAZVorpal, Sparkle Motion, Brett Jordan, Ambernectar 13, Howdy, I'm H. Michael Karshis, Steven DuBois, Cristian V., tortuga767, Jake Cvnningham, D'oh Boy, Eric Kilby, quinn.anya, Lenny K Photography, One Way Stock, Bird Eye, ell brown, Mike Licht, NotionsCapital.com, Kevin M. Gill, lunar caustic, gerrybuckel, quinn.anya, Kaz Andrew, kodomut, kayugee, jintae kim's photography, Futurilla, terri_bateman, Patty Mooney, Amydeanne, Paulann_Egelhoff, Mulling it Over, Ungry Young Man, Ruth and Dave, yangouyang374, symphony of love, kennethkonica, young@art, Brett Jordan, slgckgc, Celestine Chua, rkimpeljr, Kristoffer Trolle, TooFarNorth, D'oh Boy, Grace to You, LittleStuff.me, Kevin M. Gill, philozopher, traveltipy.com, Alan Cleaver, crazyoctopus, d_vdm, tonynetone, penjelly, TheToch, JohnE777, hello-julie, DaveBleasdale, Michael Candelori Photography, andessurvivor, slgckgc, byzantiumbooks, sasha diamanti