Parshat Mishpatim Schedule

Weekly Words of Torah

Return of the Lost

Insights into Parshat Mishpatim of Mr. Mordechai Djavaheri of Yeshivat Sha’alvim, by Rav Re’uven Ungar of Sha’alvim.

This d’var Torah is in the name of Rav Eliashiv, shalita, HaRav Yosef Shalom ben Chaya Musha, for his refuah shelemah.

In Parashat Mishpatim, the source sheet of Masechet Nezikin (the Bavot), we learn the Mitzvah of HaShavat Avedah – returning a lost object. The Pasuk says: “Ki tifga shor o’yivcha oh chamoro to’eh, hashev tishivenu lo” – “If you come upon your enemy’s bull or his stray donkey, you shall surely return it to him.” (Shemot 22:4) One who returns a lost object of a fellow Jew to its rightful owner is Mekayem a Mitzvat Aseh (fulfills a positive commandment), and one who, for an improper reason, could’ve been Mekayem the Mitzvah but wasn’t, transgresses an additional Lo Ta’aseh learned from a Pasuk in Devarim: “Lo tir’eh et shor ahicha oh et se’o nidachim v’hitalamta mehem, hashev tishivem l’achicha” – “You shall not see your brother’s ox or sheep straying, and ignore them. [Rather,] you shall return them to your brother .” (22:1). Additionally, during the times of the Bet HaMikdash, they had a designated “Even HaTo’en” that, during the Shelosh Regalim (pilgrimage Festivals), when Am Yisrael would gather together, they would announce the latest “lost and founds.” After the Bet HaMikdash was destroyed, the chachamim instituted a Takanah that the announcements should be made in Batei Kenesiot and Batei Midrashot. (Bava Metzia 28b)

Roaming the face of the Earth, there are many Avedot, many precious souls of Bnei Yisrael, and it is our duty to arouse ourselves and inform the Kahal in the Batei Kenesiot and Batei Midrashot, because the obligation is upon us to be Mekayem the Mitzvah of “HaShavat Avedah” and bring them back “tachat canfeh ha’shechina!” And the obligation isn’t just to bring those who are “to’eh” like the Lashon of the Pasuk – that he’s off the Derech, because of the Pasuk in Devarim that we even have to help our brother who’s been pushed way off – “nidachim” – and bring him closer to Avinu SheBashamayim.

The Gemara says in Masechet Makkot (24a) that Rav was frightened of the Pasuk “va’avadtem bagoyim,” but Rav Papa was “matkif” that maybe it means a “desired Avedah?” Explains Rav Eliashiv further, there are two types of Avedot! There’s an Avedah that’s lost from it’s owner and just sits there as inanimate as a stone, such as a wallet; the owner looks hard for it, with no help from the Avedah itself. The second type of Avedah, however, assists its owner and attempts to find its way back, like a lamb that gets separated from its herd, for example: the shepherd searches for it, and all the while the lamb is making noise to find the shepherd and the herd. This is why David HaMelech said of Kelal Yisrael, that we’re like an “ta’iti ca’se oved” – “I went astray like a lost lamb…”(119:176), like a lamb that screams when it gets lost, it desires to return to its place. For them, continues the Pasuk, there is hope, because at the very end, one will find the other.

Be’ezrat Hashem, we should all be successful in returning Hashem’s lost sheep to their herd, by spreading Torah and Mitzvot.