On the heels of Parashas Yisro comes Parasha Mishpatim. The very first Rashi explains that the parasha starts with the word ואלה/and these to teach that this parasha is a continuation from the previous parasha; just as those were said at Har Sinai, so are these. Keep that in mind.
At kiddush on Shabbos Yisro, someone noted a seeming contradiction in Rashi in Yisro and a Rashi in Mishpatim. You can't actually ask that question on Rashi on gemara. On gemara, Rashi's job is to explain how to read the gemara. Similar gemaras on different pages -- sometime even just a page or two away -- may have a different pshat, and Rashi will reflect that. In chumash, though, Rashi has a different job; Rashi chooses among all the gemaras and medrashim to give us the most basic reading of the chumash. Generally, then, all the Rashi's in chumash will be consistent. What is the apparent contradition?
In parashas Yisro, on the declaration of לא תגנוב/you shall not steal, Rashi comments that this means to steal a person -- kidnapping -- which is a capital offense, not stealing property, which is later. How do we know? Because is it sandwiched between the prohibition of murder and adultery, both of which are capital offenses. This לא תגנוב is therefore also the sort of stealing which is a capital offense; kidnapping.
In parashas Mishpatim, we learn that a Jewish slave -- that is, one who was sold by the court because he stole and cannot repay -- who does not wish to go free after six years is punished by having his ear pierced. Why the ear? Rashi explains that the ear that heard לא תגנוב at Har Sinai and then stole, gets his ear pierced.
That's the problem. Rashi says in Yisro that לא תגנוב mean kidnapping, which is a capital offense. Then in Mishpatim, Rashi says that even though he hear לא תגנוב, he still became and ordinary thief. So what is it? Stealing property or kidnapping?
You could answer that explaining reason the for mitzvos is not really "pshat". Perhaps, true, but misses the point completely, as Rashi did bring the drash. Better is to go back and let Rashi finish his sentence. A Jew can also become a slave by selling himself to pay off debts. Not a thief, just someone who got himself overextended and uses this as a way to get himself out of debt. Rashi notes for that case, the ear that heard on HaShem say on Har Sinai that the Jews have a personal allegiance to Him, and this Jew sold himself to acquire a master for himself, should have his ear pierced.
Wait! The statement Jews owe their allegiance only to HaShem is not in the עשרת הדיברות! It is in Vayikra, 25:55! Right... remember I told you to keep in mind that every commandment, without exception, was said on Har Sinai. The לא תגנוב that the thief heard and failed to heed is not from the עשרת הדיברות, but Vayikra 19:11. No problem.
Small problem. In Vayikra 19:11, the phrase is actually לֹ֖א תִּגְנֹ֑בוּ, and not simply לא תגנוב. That doesn't actually bother me. Why not? Because we have another principle that the עשרת הדיברות actually contain allusions to all 613 commandments. R' Saadia Gaon details how one gets all the 613 commandments from the עשרת הדיברות, and stealing money comes under לא תגנוב. The "pshat" is don't kidnap, but the deeper meaning includes all forms of stealing, including stealing property; and much, much more....
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