Shabbat Parashat Mishpatim| 5763
Mishpatim | | 1/13/2002
In the laws of shomrim (watchmen of objects), we find the laws of borrowers. “Should a man borrow from his friend (øòäå) and it broke or died, if its owner was not with him, he shall pay. If its owner was with him, he shall not pay” (Shemot 22: 13-14). The obligation of a borrower to safeguard the borrowed object is the strictest among those of the four shomrim, because he received the benefit of using the object without paying for it.
We saw last week that according to several important authorities, even if one of the appointed witnesses was invalid, members of the "audience" can be viewed as witnesses to validate the marriage. Let us examine distinctions on this matter. In order to "cover ourselves" from the possibility that relatives or non-kosher witnesses will be included in the group of witnesses and invalidate everyone [see last week's article], we appoint two men as official witnesses.
The first question we should deal with is whether one should subject himself and/or his family to poverty and dependency on tzedakah in order to live in Eretz Yisrael. The Maharit II, 28 rules that one who will be unable to support his wife and children if he moves to Eretz Yisrael should not go there. This is based on a gemara (Gittin 6b) which criticizes those who went to Eretz Yisrael to learn, and as a result, exposed their children to difficult conditions in order to survive.
This edition of Hemdat Yamim is
A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).