Mishpatim
Rabbi Jablinowitz
One of the many laws that are brought in this week’s parsha is the Arba Shomrim, the four categories of people who take responsibility to watch someone’s object. The first category is the Shomer Chinam, the one who guards without pay, and then there is the Shomer Sachar, the one who guards someone else’s object in return for payment. Both these individuals do not use the object, they just watch over it. Then there is the Socher, the renter who has the right to use the object and pays for that right. Finally there is the Sho’el, one who borrows someone’s object. His arrangement is that he can use the object, and he doesn’t need to pay for it. His situation is considered the best, one which the Gemara describes as Kol Hana’ah Shelo, all the benefit is his; full use without pay.
Typically the guiding principle in their level of obligation is that the greater rights they have, the greater their level of responsibility. Therefore, the Shomer Chinam who works for free has the lowest level of responsibility, while the Sho’el who has all the benefits, has the highest level of responsibility. He is responsible even in cases of Onsim, situations which are beyond his control.
There is, however, an exception to the obligations of the Sho’el. The Torah teaches us (Chapter 22, Pasuk 14), Im Ba’alav Imo, Lo Yeshalem. If the owner of the object is employed with the borrower at the moment of the borrowing, then the Sho’el is exempt from paying. What is the reason for this Halacha? Why should the fact of “Ba’alav Imo” create a leniency in the Sho’el’s financial responsibility?
Though the laws of this parsha are essentially Bein Adam L’Chaveiro, between man and his fellow man, they shed light on our relationship with Gd as well. The parsha of the four shomrim begins with the words (Chapter 22, Pasuk 6), Ki Yiten Ish el Ra’ayhu Kesef oh Keilim Lishmor, If one gives to his fellow man money or vessels to watch. The Sfas Emes explains that we can understand this in context of our relationship with Hashem. Gd gives each and every one of us “keilim”; he gives us talents and abilities. It is our obligation to guard and watch over them. He also gives us “kesef”, which means money, or silver, but as a verb it means to desire (Nichsefah V’Gam Kalsah Nafshi, Tehillim, Chapter 84, Pasuk 3). We must guard over our desires and our wants. How do we guard them? We must make sure that we protect our abilities and desires and use them for the right purpose. We must not give in to our yetzer hara, to our own personal desires.
One of the laws of the Shomer Chinam is that he may not use the object. But if he is Sholeiyach Yad, if he uses the object for his own personal use, even if he returns it unharmed, he now is responsible for everything that happens, including Onsim, events beyond his control. When one uses his talents for personal gain and if his desires are controlled by temptation, then his level of responsibility jumps and he is obligated for all consequences. When one selfishly exploits what Gd gives him, the consequences for damages are the greatest.
This now explains the laws of the Sho’el, the borrower. The Sho’el is responsible for all damages and consequences since, as the Gemara teaches, Kol Hana’ah Shelo, all the benefit is his. He gets to use the object and not pay for it; therefore his level of responsibility is so high. The one exception to this is the din of “Ba’alav Imo”. The owner is with him. The Sfas Emes explains that if one uses his talents and desires with a constant awareness that everything comes from Hashem, then he is exempt. If one goes through life with “Ba’alav Imo”, with a constant consciousness that all of life’s pleasures are there to help him serve Gd better, then he doesn’t need to pay, even though Kol Hana’ah Shelo. For after all, how can one pay when something is an Ones, it is beyond his control? But when one doesn’t accept upon himself Ol Malchus Shamayim, the yolk of heaven, then his Ones is considered like Peshi’ah, negligence. Only when one is Moser Nefesh, and goes through life having Gd with him, Ba’alav Imo, then he is exempt for Ones, for only then is it considered beyond one’s control.
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