Rabbi Yaakov NeuburgerThe Pride of Ownership: Material and Spiritual

Arrival at midbar Sinai...mamleches kohanim...Goi kodosh...na'aseh venishma... har Sinai...matan Torah.

If you steal and cannot pay...damages... unemployment benefits...if your ox damages...watching someone else's cow...more damages.

It sounds anticlimactic to me. Is this how the "kingdom of priests" is to begin the study of its mission of becoming an "ohr lagoyim" (a "light unto the nations")? True, the Ramban, amongst others, explains that parshas Mishpatim elaborates on all of the asseres hadibros, and the laws of torts and theft are the "fine print" of the prohibition against coveting. But is this the best place to start? Should we not start with Shabbos and lead into a discussion of creation and yetzias Mitrayim, or begin with kibud av v'em and create the context of mesorah for all that would follow? Even a discussion of murder would reinforce the sanctity of human life and learning about the laws of oaths would strengthen the appropriate reverence for Hashem in all His representations. Should this not all come before teaching about the laws of torts and theft?

To be sure, this is not the first time that the Torah concerned itself with theft in a surprising and seemingly disproportional manner. After all, Chazal deduce that the fate of the dor hamabul was sealed not because of decadence or murder, rather because of rampant theft. Similarly, the Torah highlights the care that Avrohom Avinu employed to avoid pasturing his flock in privately owned fields, a practice which caused irreconcilable dissonance between him and his nephew.

One might suggest that this emphasis on rightful ownership is borne out of and shapes an appropriate attitude towards property, which speaks to the faith that we have in Hashem providing and protecting us. One that steals, obviously questions Hashem's concern and commitment to him and his family. Accordingly the study and internalizing of parshas Mishpatim is a statement of divine providence delivered in concrete and practical terms. Nevertheless, it seems unlikely to me that for that reason alone matters of property should seal the fate of a generation of evil doers and trump the entire halachik system immediately after matan Torah.

Therefore I would submit that there is a deeper issue here, based on the writings of Harav Moshe Chaim Luzzatto. At the beginning of Derch Hashem, he explains that Hashem in His ever giving goodness created this world to give us the opportunity to benefit from being close to Him in the world of the neshamos. Using human terms to which we can relate, Ramchal points out that we would be uncomfortable to receive unearned goodness, and that would not bring about the absolute good that Hashem wants to bestow. That is why Hashem gave us opportunity in this world to earn that goodness that we look forward to enjoying. In the words of Chazal, we will feel a sense of "ownership" over our spiritual accomplishments and that the goodness that we will receive will be just deserts. Achieving closeness to Hashem and feeling that we come to it honestly is indeed the ultimate reward.

It would follow that one who does not respect the constraints of "ownership" probably does not buy into the pride concomitant with justly established "title" as well. This kind of attitude undermines the very purpose of our world. Thus the acceptance of theft as a part of life can seal a generation's fate as it indicates being out of touch with the very purpose of our stay here and as a result mitigates the chances of that era becoming inspired to attend to the ratzon Hashem.

Surely this lesson, which may well have been the introduction to parshas Mishapatim, is an appropriate "opening shiur" after matan Torah..