Parashat Mishpatim marks the establishment of Israelite society in the wilderness. Beginning at the end of Parashat Yitro, the Torah presents a diverse collection of laws as the foundation on which to begin building a stable society. It is important to note that a “stable society” is not necessarily utopia. The Torah is well aware of this and includes commandments concerning people who do not get along with one another, such as:
כִּי תִפְגַּע שׁוֹר אֹיִבְךָ אוֹ חֲמֹרוֹ תֹּעֶה הָשֵׁב תְּשִׁיבֶנּוּ לוֹ׃ כִּי־תִרְאֶה חֲמוֹר שֹׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב עִמּוֹ (שמות כג:ד-ה).
When you encounter your enemy’s ox or ass wandering, you must take it back to him. When you see the ass of someone who hates you lying under its burden and would refrain from raising it, you must nevertheless raise it with him. (Exodus 23:4-5)
The context here is internal to Israelite society, and the enemy or hater is not a national enemy who wants to expel or kill you, but rather a person from within the community with whom you are at odds. Rabbi Nathan Mekhilta d'Rabbi Yishmael (23:4; Israel, 2nd century CE) gives some examples: “This refers to a situation in which someone becomes your enemy, temporarily, as a result of striking your child or picking a quarrel with you.”
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| Laden Donkeys and Ploughing, Tomb of Djar Nina M. Davies, CC0, via Wikimedia Commons |
Two points stand out for me: the commandment is to help your enemy and someone who hates you in cases related to an ox or a donkey, because its not the animal’s fault that you had a falling out. Preventing cruelty to animals requires that you to lend a hand. Second, you are supposed to lend a hand “with him” not for him or instead of him, but together with him. The other person may not be lazy at your expense. Moreover, the joint effort could potentially heal the rift:
R. Alexandri said: Two donkey drivers who hated each other were going along the road. When the donkey belonging to one of them lay down, his companion saw it and passed by. After he had passed by, he thought: It is written in the Torah: When you see the ass of someone who hates you, he immediately returned and shared the load with him. He began to consider in his heart. He thought: Ploni actually loves me, and I did not know it! They entered an inn, to eat and drink. Who caused them to make peace? Because this person considered the Torah. (Midrash Tanhuma (Buber edition) Mishpatim 1)
A society can be divided because of interpersonal rifts, such as those described in the Midrash, but also because of differences of opinion on fundamental issues, as we have seen in recent years, not only in Israel. We have also seen, especially in Israel, that a severe crisis can unite the sides, when they cooperate in response to the crisis. The intensity of the October 7 crisis has been blunted in the ensuing 16 months, and the passion for volunteerism has also subsided. This is natural, but nevertheless the Torah reminds us that reconstruction can be facilitated comes through working together on concrete projects.
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