Introduction
Parshas Mishpatim teaches many of the Torah’s civil laws—laws that govern how people treat one another in daily life. At first glance, these laws seem technical and detailed. Yet when we look closely, we discover profound lessons about human dignity, responsibility, compassion, and the value of honest work.
This discussion focuses on the Torah’s laws of theft and an intriguing difference between stealing an ox and stealing a sheep. Through Rashi’s explanation and the Rebbe’s insights, we uncover how the Torah protects even the dignity of a thief and how deeply it values productive labor. We will also explore a powerful story about Rabbi Yochanan ben Zakkai and what it teaches about living a life devoted to purpose rather than reward.
Parshas Mishpatim: Laws with Meaning
“Mishpatim” means laws or ordinances. The Torah contains three general categories of commandments:
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Mishpatim – logical laws, such as civil and monetary laws.
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Edot – testimonial laws, commemorating events (like Shabbos or holidays).
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Chukim – statutes that transcend human logic, observed because Hashem commanded them.
Parshas Mishpatim primarily deals with civil law, including damages, responsibility, and theft.
The Difference Between a Ganav and a Gazlan
The Torah distinguishes between:
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Ganav – a thief who steals secretly.
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Gazlan – a robber who steals openly.
If a gazlan steals and is caught, he repays only what he stole. But a ganav, who steals secretly, must pay double (kefel).
Why? Our sages explain that a ganav shows greater disrespect to Hashem. He fears people but not G-d, as if Hashem does not see him. A robber, by contrast, fears neither people nor Hashem. The ganav’s behavior implies that human eyes matter more than Divine eyes.
Four Payments and Five Payments
The Torah introduces a further law:
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If someone steals an ox or sheep and merely returns it (or its value), he pays double.
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If he slaughters or sells it:
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For an ox, he pays five times its value.
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For a sheep, he pays four times its value.
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Why the difference?
Rashi’s Explanation
Rabbi Yochanan ben Zakkai teaches that Hashem is protective of human dignity—even the dignity of a thief.
An ox can be led away on foot. A sheep, however, must be carried on the thief’s shoulders. Carrying it is degrading. Since the thief already experienced humiliation, the Torah reduces his penalty from five to four.
This seems surprising. Why should the victim lose out because the thief embarrassed himself?
The Rebbe explains that the embarrassment becomes public only when the case reaches Beis Din (the court). When the details are discussed openly—how he carried the sheep—the humiliation becomes known. The Torah factors this into the penalty.
Rabbi Meir’s Perspective
Rabbi Meir offers another angle: an ox is a working animal. Stealing it deprives the owner not only of property, but of productive capacity. A sheep does not perform labor. Therefore, the loss is greater with an ox, justifying the higher payment.
Together, these views teach two values:
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Hashem protects human dignity—even of sinners.
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The Torah deeply values productive work.
Compassion Even for a Sinner
This sensitivity reflects a broader Torah principle. Even someone who has sinned retains dignity.
The Rebbe demonstrated this through his concern for Jewish prisoners. He insisted that inmates be given the opportunity to light Chanukah candles, recognizing how meaningful that light could be in a dark and lonely place. The Torah does not abandon a person because of failure. It seeks rehabilitation, dignity, and spiritual uplift.
The Power of Purpose: Rabbi Yochanan ben Zakkai
The Talmud tells us that before his passing, Rabbi Yochanan ben Zakkai wept. He said he did not know whether he would be led to Gan Eden or Gehenna.
How could such a great sage be uncertain?
The Rebbe explains that Rabbi Yochanan ben Zakkai never focused on reward. Throughout his life, he was entirely absorbed in fulfilling his mission—studying Torah and doing mitzvos. Only at the end did he reflect on the outcome.
The lesson: a person’s role is not to calculate reward, but to focus on purpose. When one is fully devoted to doing what Hashem wants—without self-interest—that devotion itself elevates him to the highest level.
A Blessing for Our Efforts
At the end of Mishpatim, the Torah promises blessing:
“Lo tihyeh meshakeilah v’akara” – there will be no barrenness or loss.
On a spiritual level:
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Akarah (barrenness) represents failing to generate love and connection to Hashem.
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Meshakeilah (loss) represents losing that inspiration after it begins.
The Torah promises that when we dedicate ourselves to sincere effort and purposeful living, our spiritual growth will endure.
Summary
Parshas Mishpatim reveals profound moral lessons within civil law. The Torah distinguishes between secret theft and open robbery, holding the secret thief more accountable. It differentiates between stealing an ox and a sheep, teaching that Hashem protects even a thief’s dignity and that productive labor has immense value. Through Rabbi Yochanan ben Zakkai, we learn that life’s greatness lies in focusing on mission rather than reward. When we commit ourselves to purposeful effort, Hashem ensures that our spiritual growth will endure.