Parashat Mishpatim- Even the Thief is God’s Child
Parashat Mishpatim outlines many of the Torah’s civil laws, such as laws concerning damages, theft, lending and so on. Curiously, the Torah chose to begin this presentation specifically with the laws of Ebed Ibri – the indentured servant. The Ebed Ibri is a person who was forced to sell himself as a servant due to his inability to repay property that he had stolen. The money used to purchase him is given to the victim, and the thief spends six years in service of the master.
Had we written this Parasha, we would have likely chosen a far more upbeat topic as the introduction to the Torah’s civil law. Why didn’t the Torah begin its discussion by addressing happier situations, such as when a generous person lends money to a poor person in need, or when somebody gladly agrees to watch over his neighbor’s animal? Why does the Torah jump right in, so-to-speak, by discussing the disheartening case of a thief who committed a crime and must now self himself into servitude?
The Saba of Kelm (Rav Simha Zissel Ziv, 1824-1898) explained that a closer examination of the institution of Ebed Ibri may reveal the answer. In other legal systems, criminals are imprisoned for a certain period of time – a punishment that hardly addresses the problem that led the individual to steal in the first place. While in prison, the thief spends his days and nights with other, likeminded criminals, from whom he can learn more about the "trade" and expand his repertoire of strategies. Upon leaving prison, he has not a penny to his name, so will very likely simply resort to more crime. And, meanwhile, his family has no breadwinner, thus increasing the chances that they will follow his lead and resort to criminal means of securing a livelihood.
The institution of Ebed Ibri, by contrast, serves to rehabilitate the criminal. He moves in with a well-to-do, stable Jewish family, and Halacha requires the master to treat the thief honorably, like any other member of the household. This respectful treatment bolsters the thief’s self-esteem, moving him further away from the mentality of a criminal. Additionally, the Torah requires the master to support the thief’s wife and children throughout the period of servitude, thus ensuring that they are properly cared for. Finally, when the servant leaves after six years of work, the master is obligated to give him a large "bonus," materials that he can use as a basis upon which to build a productive and successful profession.
The section of Ebed Ibri thus shows us how God treats and cares for the criminals – the lowest elements among Beneh Yisrael. He does not disregard them or despair from them; to the contrary, He arranges a system whereby they can be rehabilitated and gradually make their back as upstanding, contributing members of society.
For this reason, the Saba explained, Parashat Mishpatim opens with these laws of Ebed Ibri. A parent is most concerned not about his well-behaved, well-adjusted children, but rather about the "problem child," the child that doesn’t seem to fit in and often finds himself in trouble. All of Beneh Yisrael are God’s beloved children, and He cares deeply about each and every one of us. Like any parent, He is "worried" the most about the criminals, those who have gotten lost somewhere along the way and ended up following the wrong path. God’s primary concern – before concerning Himself with the stable, law-abiding members of Beneh Yisrael – is to help the thief regain his ability to join society, through the institution of Ebed Ibri.
This law is thus the most fitting introduction to Parashat Mishpatim. Before the Torah presents the laws governing our relationships with one another, it shows us the extent of God’s concern for even the criminals. If God looks after the thieves among Beneh Yisrael with such love, care and sensitivity, then certainly we must treat one another with basic decency and respect. Even if we may object to or dislike certain aspects of our fellow’s personality, he is unlikely to be any worse than a thief. And if God shows concern and love to a thief, then all the more so, we must treat our fellow Jews with loving kindness and genuine care and concern.
