Holy Thieves and Parshas Mishpatim by Rav Simon Jacobson

[Ari Kotowitz]

Is there a person on Earth that has never hurt another, intentionally
or unintentionally? Is there anyone that has not failed or fallen in
some way?

As human beings, we all have our shortcomings and our share of
transgressions. Whether we have lapsed and betrayed ourselves, others
or G-d (or all the above), whether it may have been “small” white
crimes or grave sins, everyone of us knows in his or her heart, when
we are honest with ourselves, some of the ugly things we are capable
of.

But don’t feel all alone. Ecclesiastics declared long ago “there is no
tzaddik on Earth that has done good and not sinned” (7:20). On the
other hand, let us not console ourselves with that fact.

This week’s Torah portion deals with many of our human ways of harming
each other.

It is always humbling to read the verses of this portion. We often can
soar into the sublime, with lofty, spiritual concepts. The power of
Torah’s spirituality is that it is not divorced from our earthly
realities. We must ground our deepest soulfulness in our day-to-day,
profane lives. The challenge is to fuse spirit and matter, to fight
the battle and allow our souls to dominate over our selfish, greedy,
mindless and reckless temptations.

And thus, following the sublime Sinai experience (in last week’s
portion), we are quickly reminded (in this week's chapter) of our all
too human frailties, and what we are capable of left unchecked.

Yet, this portion is not meant to depress us. Quite the contrary. By
recognizing our weaknesses and potential failings, by being
accountable and assuming responsibility, by rectifying our errors – we
actually demonstrate the ultimate human dignity: To repair a broken a
world. After all, trust is built not on perfection but on
accountability. It is human to err; it is Divine to repair. When we
rise to the occasion and correct a crime of the past, we manifest the
majestic Divine Image in which were created – the ability to transcend
our mortality, go beyond our humanity, our offenses, even beyond our
pasts, and come out stronger than before the fall.

It would be wise and healthy for our business and political “leaders,”
and for that matter, for every one of us – especially the ones that
helped create the current mess – to sit down and quietly read some of
these verses, if for no other reason than to realign our sights to
what it means to be truly human: The gift, responsibility and
obligation to be contrite and accountable, to correct our wrongs and
live up to the highest standard of our life’s calling.

But there is something even more. This week's Torah portion contains a
strange passage: In discussing the laws of burglary, the Torah
distinguishes between a burglar that comes in hiding, at night, and
one who robs in broad daylight. Regarding the latter, the expression
used is this: “If the sun shines on him, he has blood,” meaning that
if he robs in broad daylight, or it is clear that he has no deadly
intent, then if he is killed it is considered murder (“he has blood”
which has been wrongly shed).

The verses are coming to teach us the penalties of stealing. Yet, in
the name of true virtue and justice, the Torah is also concerned with
the welfare of the thief, that though he has committed a crime, one
still has to recognize his rights and not wantonly kill him. But why
use a misleading positive expression: “If the sun shines on him?!” It
would have been much clearer to simply state “if it happens in broad
daylight,” or “if his intentions are clear.” The cryptic “if the sun
shines on him” suggests that even the thief has at times the virtue
that “the sun shines on him.”

They tell the story of a young widow who once came crying to the Baal
Shem Tov. “I recently lost my husband. Now my young child, my only
child, is lying gravely ill. The doctors have given up hope. Please,
Baal Shem Tov, please do something to save my child.”

The Baal Shem Tov, whose heart was always open especially to the needy
and oppressed, soothed and reassured her saying that she should go
home and her child will be fine. He then proceeded to gather together
ten (a minyan) of his holy hidden Tzaddikim, to pray for the child’s
welfare and immediate healing.

But to no avail. As much as they tried opening their souls and in turn
opening the gates of heaven, they sadly were unsuccessful. The Baal
Shem Tov sensed that the decree in heaven was sealed and could not be
reversed by the Tzaddikim’s prayers.

The Baal Shem Tov, however, was not one to take no for an answer and
give up. He fell upon an idea. He asked his wagon driver to prepare
the wagon and the horses. They were going for a trip to the forest. He
directed the driver to go to a particular spot, which surprised the
driver, being that this was known to a be a dangerous area where
thieves lurked, and everyone would avoid.

They arrived at the designated spot. The Baal Shem Tov climbed off the
wagon, and within a few moment he was, to the chagrin of the driver,
surrounded by several thieves. When the head of the band of thieves
saw that it was the Baal Shem Tov, he put down his weapon and with
wonder and astonishment asked: “Baal Shem Tov, what are you doing here
in the wild?”

The Baal Shem Tov replied: “Listen, I need to speak with you. I need
your help.” All of them wondered what possible help could the Baal
Shem Tov need from lowly thieves. The Baal Shem Tov continued speaking
to the band leader: “I need you to gather ten of your thieves and come
with me to pray for a sick child.” The head thief didn’t understand,
but since the Baal Shem Tov was requesting he complied. He gathered a
minyan of his partners in crime, and they prayed with the Baal Shem
Tov.

The child miraculously recovered.

Later, when the Baal Shem Tov was asked by his surprised students,
“how were you able to accomplish with ten thieves more than you could
have accomplished with ten Tzaddikim?!” the Baal Shem Tov replied:
“Simple. I saw that all the gates in heaven were locked. And I needed
someone to break in…”

So, even a thief has times when “the sun shines on him” and “he has
blood.”

This does not condone theft or any other crime. It teaches us, that
once a person has transgressed, he has the power not only to correct
his ways, but his very crimes can teach him and all of us new ways to
“break in” and reach heights that honest people can never reach.

And this is the ultimate redemption of our past wrongs, and also the
ultimate expression of the Divine Image in each human: The power and
ability to transform our pasts. To use the newfound knowledge and
methods that came from illicit sources to open up unprecedented
channels of holiness and sanctity.

Now, let us see if the “leaders” of our time can do the same with our
economy. We too have a few thieves today that may learn some of these
lessons. But before we hold our breaths, let us each apply this lesson
to our own personal lives. Rather than wait for the establishment to
create changes, grass roots have the power to create a revolution from
below.