Parshat Mishpatim 5780
Rabbi Jablinowitz
Though the laws of this parsha are esseintially Bein Adam L'Makom, 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 (Tehilim, Chapter 22, Pasuk 6), Nichsefah V'Gam Kalsah Nafshi). We must guard over our desires and our wants. How do we guard them? We must make sure that we protect our abilites and desires and use them for the right purpose. We must not give in to our yetzer hara.
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 is now responsible for everything that happens, including Onsim,events beyond his control. When one uses his talents for personal gaind if his desires are controlled by temptation, then his level of responsibility increases. and he is obligated for all consequences. When one selfishly exploits what Gd gives him, the consequences for the damages are the greatest.
The main adversary of the Shomer Chinam is the thief. Though the Shomer Chinam is exempt from paying if the object is stolen, he is still obligated to take an oath that the object was in fact stolen from him and that it was not a result of his negligence. The Sfas Emes teaches that the thief, the ganav, represents the yetzer hara. The yetzer hara is that which attempts to persuade us to focus our time and energy on the wrong things, to steal from Hashem. This is a similar notion to the explanation of the Chidushei Harim as to why the Rambam brings in Hilchos Teshuvah that the source for the mitzvah of vidui, confessing when doing teshuvah, is a pasuk from the parsha of gezel ha'ger, stealing from a convert. He teaches that this is particularly appropriate since all aveiros are considered stealing. Anytime we take our abilities which Hashem gave us and use them for the wrong purpose, we are stealing.
The Gemara teaches in Baba Metzia 34A that if a Shomer Chinam had an object stolen from him, he may decline taking the necessary oath to exempt himself and pay instead. And when he pays, he acquires the rights to the keifel, the double payment demanded from the thief in the event he is caught. The Gemara explains that this agreement takes place when the original agreement is made between the Shomer and the owner. The Gemara uses the words Le'Keshetaiganeiv, V'Tirtzeh U'Teshalmeini; it’s implied that if the object will be stolen and the watchman will pay and the thief will be caught, then the watchman will receive the keifel.
The Sfas Emes derives a point about Teshuvah from here as well. As we explained, the thief represents the yetzer hara. And even the Shomer Chinam has a minimum level of responsibility when the object is stolen; he needs to take a shevuah. But if the Shomer decides to do complete and total Teshuvah and pay, then he receives the keifel. When one does complete Teshuvah they're rewarded double. As the Gemara in Yoma 86B states Zedonos Na'asin Ke'Zechuyos, one's aveiros are now considered as merits and positive deeds. This is the keifel the watchman receives for accepting upon himself full responsibility and doing complete Teshuvah whenever faced with the ganav, the devious yetzer hara.
Good Shabbos