Borrowers’ Responsibilities

Hashem gives us the entirety of our lives, from our shared gift of Eretz Yisrael to our individual talents and wisdoms, as well as our actual beings. These qualities are heaven-approved overdrafts. “Our physical bodies, our skills and talents, our minds and intelligence, our homes, our possessions. [These are] Divine loan[s] which we are able to enjoy—yet we also have to repay” (Loewenthal). Fortunately, we can select among the four kinds of borrowers, that the Torah describes, which we want to be. “Parsha Mishpatim”  outlines their respective obligations.

Torah, of necessity, is comprised of narrative, exposition, and laws.

[N]either historical events nor abstract ideals…are sufficient to sustain a society in the long run. Hence[,] Torah…translate[s] historical experience into detailed legislation, so that [Am Yisrael will] live what [we have] learned [and weave] it into the very texture of [our lives]. In [“]Mishpatim[, ”] vision becomes detail, and narrative becomes law. [Whereas] narrative…is what happened…who we are[,] why the vision is so important to us[, there also] must be the…fastidious attention to detail, that allow[s] us to translate vision into reality and turn the pain of the past into the blessings of the future” (Sacks).

This blending is crucial. Contemplate the often referenced allegory of the Four Sons.

[th]e simple son…looks up to the wise son and emulates him. When he hears the wise son asking questions, he also wants to ask. His question[, “w]hat’s this?”…reflects the same sincere desire to learn and understand [that’s possessed by the wise son].

[However, t]he one who does not know how to ask admires the wicked son. He desires to show the same ironic contempt for the Torah, but unlike the wicked son[,] he lacks the requisite cleverness. Not trusting himself to attack as effectively as his mentor, he remains silent” (Gottlieb).

Generally, we are the simple son since we don’t frame ourselves as wise, and don’t want to be wicked nor unknowledgeable. Grasping Torah’s detailed laws helps us apprehend G-d’s will.

In “Mishpatim,”

Torah is no longer in heaven. It is in our cities, our homes and our families. It is no longer a matter of philosophy and theology only[;] it is to be applied at all times, in all places and in all circumstances. The application of Torah principles and ideals to everyday life is not merely to avoid catastrophe and a non-governed society. It is not to avoid problems. It is to assure that Divinity and sanctity are parts of our everyday lives” (Pollak).

Deliberate that “Mishpatim’s” first aliyah is concerned with the treatment of servants along with wrongdoings, viz., kidnapping and murder. Its second aliyah explores personal injury, especially damages that occur through one’s possessions, such as the classic goring ox. Its fourth through sixth aliyot expound on even more laws and its seventh aliyah explains the rewards we’ll enjoy if we’re faithful.

Overall, “Mishpatim” focuses on interpersonal relationships and on our relationship with Hashem. “The intimate Jewish relationship with G‑d is expressed in the idea that G‑d Himself keeps the laws of the Torah. The Sages tell us they are called “G‑d’s laws” because not only do they come from G‑d, but they are also kept by G‑d” (Loewenthal).

For instance, Hashem gave Eretz Yisrael to Am Yisrael, His deliberate creation (Amital). Even in modernity, this early payment is evident.

Only 650,000 Jews lived in Israel at the time of our independence[. They] could have become the sole citizens of the new country, but the State of Israel was established for the sake of those who did not [yet] live here… All of this lends a metaphysical dimension to the State of Israel and defines its purpose: the State of Israel was founded for the nation of Israel in exile (Amital).

Not only is aliyah our acceptance of this imbursement, our reception of compensation preceding time in Olam Haba, but it’s lauded by our sages as important and basic: “[r]esiding in Eretz Yisrael is equivalent to the rest of the mitzvot combined (Shavat).” It’s “the peg upon which the entire Torah hangs” (Emden). It’s a mitzva that “encompasses the entire Torah” (Ibn Attar), a supernal advance. Further, “[i]t’s the only mitzva which we can fulfill whether at work or in the Beit Midrash, whether standing, sitting or jogging” (Shvat). Aliyah’s inclusiveness surpasses even that of the sukkah.

As per being borrowers, if we’ve been elevated to live here, we’re unpaid watchmen, persons acting for the sake of Hashem. “Living in Eretz Yisrael demands of us to understand that our existence is not bound by the [‘]rules[’] of nature. It means looking to see Hashem’s hand in every facet of life” (Snyder).

Regardless, there are four paths for guardians.

Two types are not permitted to use the items that they’re guarding; unpaid, Shomer Chinam; and paid, Shomer Sachar. Inversely, two types…are permitted to use guarded items; borrower, Shoel; and renter, Socher[. The Shoel] should have the greatest responsibility due to [Hashem’s pleasure], “kol ha’hano’oh she’lo.” [so, o]nly the Shoel is chayav[, obliged] on all counts!! (Pollak).

We are given complete discretion over the type of borrower we become. “If we choose the [‘]free lunch[’] type…we must also accept full responsibility” (Tauber). Alternatively, if we choose the renter type, [we’re]

relieved of some of the “responsibility.” Because [we sense our] indebtedness to the Creator, [w]e need not bear the burdens of life on [our] own. The same is true of the [p]aid [g]uardian[, who] has not given [them]self over entirely to…guardianship, reserving [the] “right” for reward [as such an] approach to life is that it is not [the Shomar Chinam’s] but his Creator’s. Responding “measure for measure,” the Almighty relates to [the Shomar Sachar] in a similar fashion: the “laws” which govern his life protect him, to a certain extent, from an utter abandonment to “fate” but leave him somewhat exposed to the uncertainties and mishaps which threaten our pitfall-prone existence.

But the [u]npaid [g]uardian is absolved from vulnerability to everything save outright negligence…Because he has relinquished all vestiges of self, because he sees his life solely in terms of his service of his Creator, G‑d takes full responsibility for his life (Tauber).

In other words,

[t]here are two types of loan. If you borrow someone’s watch, you have to give the same watch back to its owner. The borrower never truly possesses the watch. However, if you borrow money, you do not have to give back the same banknotes, just the equivalent. The original banknotes become fully the property of the borrower.

G‑d’s loan[s] to us is of the second type. Everything that G‑d gives becomes ours: our physical selves, our skills, our minds and our possessions. Yet— ideally— we deliberately use all of this in every aspect of our lives for a sacred purpose, guided by the teachings of the Torah. In this way we repay the Divine loan, or at least we try to. Someone might ask: “How much do you owe?” Answer: “Everything” (Loewenthal).

All in all, “Parsha Mishpatim” translates daunting concepts into mundane considerations; it lists how we are beholden to Hashem; we’re obliged to honor Him for bestowing His generosity upon us. “The Creator entrusted His world to our care, charging us with the responsibility of safeguarding and developing the resources which He has granted and made available to each individual” (Tauber). This parsha also presents us with a choice about what sort of borrower we want to be and, in turn, presents us with some control over our privileges, bonds, and relationship to The Boss. We borrowers have responsibilities.

Sources:

Amital, HaRav Yehuda. Adapted by Aviad Hacohen. Trans. Karen Fish. “Guardian of Israel—Watch Over the State of Israel.” Israel Koschitzky Virtual Beit    Midrash. 25 Mar. 2018. etzion.org.il/en/guardian-israel-watch-over-state-israel. Accessed 22 Dec 2023.            

Emden,  Rabbi Ya’akov. Siddur Beit Ya’akov. Feldheim, 2002. 13.

Gottleib, Rabbi Dovid. “The Four Sons.” “Pesach.” Ohr Somayach. ohr.edu/805. Accessed 23 Jul. 2023.

Ibn Attar, Ḥayim ben Moshe. Devarim 30. Jewish Publication Society. Sefaria.org. 2006. sefaria.org/Deuteronomy.31.16?lang=bi&with=Or%20HaChaim&lang2=en. Accessed 17 Feb. 2025. 

Loewenthal, Tali. “The Divine Loan.” Chabad.org. chabad.org/parshah/article_cdo/aid/836033/jewish/The-Divine-Loan. Accessed 23 Jul. 2023.

Pollak¸ Rabbi Chaim. “Parsha Mishpatim.” Parsha Divrei Torah Michlalah. michlalahmachal.com/_files/ugd/0e1622_2c73c2f945854d99b44df1acb6410c1b.pdf. Accessed 22 Dec. 2023.

Sacks, Rabbi Jonathan. “Mishpatim (5774) -Visions and Details.” The Office of Rabbi Sacks. 2014.  rabbisacks.org/mishpatim-5774-vision-details. Accessed 23 Jul. 2023.

Shavat, Rabbi Ari. “The Centrality of Eretz Yisrael in Judaism.” Yeshiva: the Torah World of Gateway. 2009. yeshiva.co/midrash/shiur.asp?id=10931. Accessed 23 Jul. 2023. 

Snyder, Rabbi Yitzchok. “Living Up to Eretz Yisrael.” Aliyos Yerushalayim. aliyosyerushalayim.org/living-eretz-yisrael. Accessed 10 Sep. 2023.

Tauber, Rabbi Yanki. “Whose Life is it Anyway?” Chabad.org. chabad.org/parshah/article_cdo/aid/2794/jewish/Whose-Life-Is-It-Anyway. Accessed 21 Feb. 2017.