The weekly Torah portion “Mishpatim” primarily deals with laws governing interpersonal relationships – monetary laws, damages, and everything related to mishpatim (“judgments”). The very first law presented is that of the Hebrew servant and his release.
When we examine this mitzvah in detail, we see that it embodies many aspects of compassion and hessed (lovingkindness), which are fundamental obligations for every Jew, both physically and financially. This is why it is placed first among all monetary laws.
From his title alone, we understand that the Hebrew servant is not a completely righteous person. He is not even referred to as “Israel” but rather as “Hebrew.” This refers to a person of questionable character who has committed theft, was caught, and cannot repay his debt.
However, unlike a servant in the ancient world, who was stripped of all rights and became entirely subject to his master’s whims, the Hebrew servant is granted numerous and significant rights. So much so that the Talmud concludes: “One who acquires a Hebrew servant is like acquiring a master for himself” (Kiddushin 20a).
According to the Torah, the servant must live at the same standard as his master regarding food and housing. The master is required to marry him off; and if he is already married, to provide for his family.
The master is forbidden to assign the servant degrading tasks that he himself would not perform. He may not subject him to harsh labor, impose indefinite work without clear expectations, or require him to perform meaningless tasks. The master is also prohibited from insulting or physically harming the servant.
If the master falls into financial hardship and owns only a single garment, he may not take it for himself, as it is written: “For it is good for him with you” (Deuteronomy 15:16). He also may not withhold it from both of them, as that would be considered the “cruelty of Sodom.” Thus, the master is obligated to provide the servant with clothing.
Moreover, the moment the servant chooses to cast off the burden of servitude and live a normal life, the master must release him immediately, without delay, after receiving the repayment for what he originally paid for him.
The Torah provides every person the opportunity to live a normal life, to take responsibility for himself, and to be truly free. The obligation to release the servant a year before the Sabbatical year, or whenever he chooses, sends a clear message: A person is not the true owner of his wealth – God is. And God’s desire is a world built on kindness, compassion, love, and generosity.
Being kind to strangers
Later in the Torah portion, we see that the obligation of kindness extends even to a complete stranger.
For example, the commandment of lending money to someone in need is, surprisingly, a full obligation for anyone with financial means. This law is even more significant than giving charity. The lender is prohibited from taking even a single coin in interest; and when the repayment is due, the Torah commands: “Do not be to him as a creditor.”
Logically, does this command seem fair? Must I lend money to every poor person? Yes. If you have and he does not, then yes, because your wealth is merely a “deposit” from God, whose will is that the world shall be built upon kindness.
Even when the needy person is not righteous and does not behave properly, the Torah still commands us to help him in his time of distress – even at the expense of assisting a more righteous individual who also needs help.
This principle is derived from the verse in our weekly Torah portion:
“If you see your enemy’s donkey collapsing under its load… you shall surely help him unload it” (Exodus 23:5).
Who is the “enemy” mentioned here? Are we even allowed to hate another Jew, the Talmud asks? It answers that this refers to a wicked person whom one is indeed commanded to despise. Nevertheless, when he is in distress, the Torah commands: “Set aside what is in your heart against him.”
The Talmud further establishes: You must assist him even at the expense of helping a righteous person who also needs aid – so that you may overcome the inclination to hate that person within your heart.■
The writer is the rabbi of the Western Wall and holy sites.