The title of our Parsha is Mishpatim, which means “laws.” This is appropriate because it is host to many interpersonal judicial laws.
The nations of the world have a Mitzvah – a responsibility – to set up laws and court systems. By setting laws based on society’s moral and ethical ideals, they are fulfilling one of the seven Noachide laws that society is responsible to follow.
Although many secular laws are based on Torah law, societal law is rooted in a social justice system that each society puts into place.
When Klal Yisroel – the entirety of the Jewish Nation – was asked if they were interested in accepting the Torah, they responded in a unified voice, “We will do and we will listen.”
This unique response of acceptance of the Torah without first hearing what it entailed, endeared us to G-d. The approach our ancestors declared when they accepted the Torah was, “If G-d is giving us a Torah – a guide as to how He wants us to live a truly fulfilling spiritual life, we are accepting it – without even knowing our responsibilities.”
From some of the judicial laws of the Torah we see that its principles are not based on common rule, rather, they are from the realm of G-d.
If one steals from his fellow, and two male witnesses testify in a Jewish court that he took the goods or items, the thief pays double. He returns the item, plus, he pays the victim the value of the item.
However the Torah tells us a unique law regarding one who steals an ox or a sheep. If one is caught stealing an ox or sheep, and he had already sold or slaughtered them, the law is that he pays the equivalent of four times the amount for stealing a sheep, and five times the amount for stealing an ox.
We may ask, “Why is this law specifically stated in regards to stealing sheep and oxen and why is there a disparity between the penalty of stealing oxen and stealing sheep?”
Sheep and oxen are a common commodity and easily accessible to steal. Therefore, the Torah gives a higher penalty to dissuade thievery.
A reason offered why when one steals a sheep he pays one less than if he stole an ox, is because an ox is generally used to work the field and its owner loses more than the loss of a sheep who basically grazes and is not relied upon to work.
Rashi quotes the Talmudic sage Rebbe Yochanan ben Zakai (who we mention in the Hagadah) who explains that G-d comes down easier on the one who steals a sheep because the thief embarrasses himself during his theft since he needs to ‘sheepishly’ carry it on his shoulders when removing it from its place. Whereas when one steals an ox, it follows without any resistance.
G-d thereby lessens the punishment for stealing a sheep by one, due to the personal humiliation the thief experienced during the time of the crime.
Rabbi Simcha Zisel of Kelm o.b.m. reflected on Rebbe Yochanan ben Zakai’s explanation and brings home a pertinent message to each of us.
“If G-d is merciful to an outright Ganov/thief who had stolen a sheep, by diminishing his penalty, due to the embarrassment and pain he experienced during the act, certainly G-d bestows abundant reward onto a Jew who struggles with or may feel embarrassed when he or she performs a Mitzvah or when one conducts themselves in a way to avoid transgressing a sin.”
The Mishna in Ethics of our Fathers tells us, “Reward for a Mitzvah is commensurate with the pain and effort we put into it.”
Unfortunately, we are currently living in a hostile anti-Semitic environment. This means that specifically now, when the going is rough, the dignity we exude, the commitment we portray by standing proud to be part of the nation G-d selected to be His representatives, assures us G-d’s special mercy, protection and abundant rewards!
