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Parashat Mishpatim 5784
Rabbi Shmuel Rabinowitz, Rabbi of the Western Wall and Holy Sites
This week’s Torah portion, Mishpatim, as its name suggests, deals primarily with social laws. This is the realm of “between man and his fellow,” which corresponds to the civil laws familiar to us. The portion specifies laws regarding slaves, loans, watchmen, neighbors, thieves, and more. Most of the Torah laws addressing these areas are concentrated in Parashat Mishpatim.
One of the interesting and surprising laws is the punishment that the Torah prescribes for a thief and a robber. A thief is someone who takes an object from another person secretly, without being seen. In contrast, a robber does the same act openly, without hiding. The robber, as opposed to the thief, does not hide when he steals, but forcefully takes what is not his.
The Torah does not impose harsh punishments on thieves and robbers. This does not mean that conducting oneself according to the laws of the Torah allows the existence of thieves; it only refers to the return of what was stolen. If official authorities decide to increase the punishment for thieves, it is a legitimate decision. However, let’s examine the punishments written in Mishpatim.
When a thief is caught, he must pay a double fine, known as “kefel” – if he stole a sum of one hundred shekels, he must pay two hundred shekels to the victim. On the other hand, a robber, when caught, only has to pay the amount he stole, without any additional fine. On the surface, it seems like a perplexing law since a robber commits a more severe act than a thief. Besides the act of theft, the robber also expresses audacity and boldness in his actions. Surprisingly, the Torah seems to view the acts of the thieves more negatively than those of the robbers, as reflected in the severity of the penalties imposed on them.
The Babylonian Talmud raises this question in the name of the students of Rabban Yochanan ben Zakkai, who lived in the first century and was a witness to the destruction of Jerusalem:
His students asked Rabban Yocḥanan ben Zakkai: For what reason was the Torah stricter with a thief than with a robber? Rabban Yocḥanan ben Zakkai said to them in response: This one, the robber, equated the honor of the servant to the honor of his Master…As it were, the thief establishes the eye below, i.e., G-d’s eye, as though it does not see, and the ear below, i.e., G-d’s ear, as though it does not hear.
(Talmud Bavli, Bava Kama 79b)
Rabban Yochanan ben Zakkai delves into the psyche of the thief. Why does he commit his actions secretly? Because he fears being caught by the owner of the property or by the authorities. However, the thief does not hide from G-d, as G-d knows his actions even when done in secret. In contrast, the robber does not fear G-d or other people. From a religious perspective, the actions of a thief are more severe than those of a robber because, if a person has no fear at all, it poses a problematic personality. If he has fear only of people and not of G-d, there is a problematic religious stance.
Some suggested another rationale for the severity of the thief’s punishment compared to the robber. Although the robber engages in violence, he is not afraid of the reactions of either G-d or humans. The thief, on the other hand, is motivated by fear of being caught. However, the implication of the thief’s actions has more far-reaching consequences than the direct consequences of the robber’s actions. The thief damages societal trust and raises suspicions and fears among people about others.
In the Book of Deuteronomy, we find a curse directed towards “one who strikes his fellow in secret.” Someone causing harm to others commits a severe act, but one who does so secretly commits a more severe one, since, besides the direct result of the theft, there is an indirect consequence of creating a general lack of trust. A person who is struck in secret suspects those around him, perhaps even family members and friends, and does not trust those in his environment. This damage is much more severe than the direct harm, as trust in others is one of the most crucial social foundations.
Without trust, we cannot conduct business, form relationships, or maintain human relationships with others. Certainly, without trust, we cannot get married and establish a family. One cannot underestimate the power in a society where trust prevails. The portion of Mishpatim, which deals with human relationships, highlights the significance of social trust and the severe consequences of its absence.
