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What does it mean to be responsible to oneself, not just to God or others? The shiur develops a foundational yesod that Mishpatim represents ben adam l'atzmo—obligations a person owes to himself. Through the parshah of eved ivri (Hebrew slave), the shiur reveals that a thief lacks self-responsibility, and his servitude is designed to teach him accountability, culminating in the ear-piercing of the eved nirtzah who refuses to accept responsibility even after six years.
This shiur, delivered on Parshas Mishpatim in 1986, explores the profound concept of personal responsibility through the lens of the laws of eved ivri (Hebrew slave). Rabbi Zweig begins by examining Rashi (רש"י)'s comment on the opening words "Ve'eileh haMishpatim"—why does the Torah (תורה) use "ve'eileh" (and these) rather than "eileh" (these)? Rashi explains that "eileh" would reject what came before (pasel es harishonim), while "ve'eileh" adds to what preceded it. The question is: what possible reason could there be to reject Har Sinai, which represents the ultimate perfection and completeness? The shiur then addresses multiple difficulties in the opening parshah of eved ivri. Why does the Torah begin the laws of Mishpatim with eved ivri, a law that only applies under specific, contingent circumstances (theft, conviction, inability to pay)? Why not begin with universally applicable laws like honoring parents or prohibitions against murder? Furthermore, the laws themselves present challenges: Why is a Jewish slave permitted to be given a shifchah k'na'anis (Canaanite maidservant) when this would ordinarily be prohibited? Why does this permission depend on whether he was married when sold? Why is the ear pierced only after six years if he chooses to remain a slave, rather than immediately upon his theft? And what does Chazal mean when they say "the ear that heard at Har Sinai 'Do not steal' should be pierced"—he didn't have an ear at Har Sinai, and we are all obligated in mitzvos regardless of whether we personally heard them at Sinai?
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Parshas Mishpatim, Shemos 21:1-6
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What is the primary purpose of the cities of refuge - protecting the accidental killer or something else? The shiur argues that creating respect for law takes precedence over providing sanctuary. True deterrence comes from recognizing the gravity of murder itself, not fear of punishment.
