Hearing the Silent Cry: What Parashat Mishpatim Teaches About Human Dignity

Many things in the world appear to our eyes as a single, solid unit. Yet it is entirely possible that this visual impression is misleading, and that the mass before us is actually composed of different materials. Only an expert or a skilled artisan knows how to separate it into its individual components, each on its own. What makes such separation possible is knowledge, the right conditions, and proper tools.

So it is with the human being.

The Many Layers of the Human Soul

A person appears to us as one clear, unified entity. But in truth, this is far from the case. Time and again, a person finds himself in a certain environment or situation and suddenly discovers that he is made up of different “materials.” In one place he behaves one way, in another place differently. One moment he thinks one way, and the next moment he thinks the opposite.

A person’s inner world is divided into countless parts. Even the person himself is often unaware of all the components that make up his personality.

What does this idea relate to?

A Curious Law in Parashat Mishpatim

In our parashah, Parashat Mishpatim, there appear fifty-three commandments, most of which deal with matters between one person and another. Among them is the case of a person who steals an ox or a sheep. The Torah states: “If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five cattle for the ox and four sheep for the sheep” (Shemot 21:37).

In other words, if someone steals an ox or a sheep and then slaughters it or sells it, he incurs a special fine. He does not pay merely double, like a standard thief, but fourfold or fivefold. According to what measure? If he stole an ox, he pays five times its value; if he stole a sheep, he pays only four times its value.

Why is the law for one who steals an ox different from the law for one who steals a sheep?

Human Dignity, Even for a Thief

Rashi brings the words of the Talmud (Bava Kamma 79b): “Rabbi Yochanan ben Zakkai said: The Omnipresent has compassion on human dignity. An ox walks on its own feet and the thief is not degraded by carrying it — therefore he pays five. A sheep, which he carries on his shoulders — he pays four, since he was degraded by it.”

Here we find a striking lesson in how deeply the Torah considers human dignity — even that of a thief. Even a thief possesses a spark, however faint. A thief is in a hurry to escape the scene of the theft, and to do so he hoists the sheep onto his shoulders. There is no doubt that he feels shame as passersby look at him. God takes even that shame into account and therefore reduces his punishment.

Rabbi Eliyahu Lopian writes in Lev Eliyahu: “We stand amazed: Is it possible that such a contemptible thief, who does not care at all about placing a sheep on his shoulders and walking through the marketplace — so long as he can enjoy his theft, has any sense of diminished dignity? Certainly not! Surely this person walks with the sheep on his shoulders and a song on his lips, cheerful and carefree, indifferent to everyone around him.

But the Torah descended to the depths of the human soul. Man is composed of matter and form — earthly substance together with a living soul, a divine spark from above. Within him are mixed and intertwined rises and falls that the human eye cannot detect. Deep within the heart, even of this lowly thief, there is discomfort and inner shame when he carries the lamb on his shoulders in public.

The Holy One, blessed be He, who probes hearts and examines innermost thoughts, knows this truth. He has compassion on the dignity of every being called human and never withholds exact justice. Even such a slight inner sense of humiliation in a habitual and despicable thief is taken into account, and because his pleasure is not complete, God deducts a fifth from his punishment.”

Only the Creator — the true “artisan” who fashioned the human soul in all its depths, can dismantle the human psyche into its components and address each element individually, with perfect balance and precision.

God knows the human soul in all its layers and hidden chambers, and everything is taken into account, whether for good or otherwise.

Hearing the Many Cries Within One Cry

This idea appears again later in our parashah: “You shall not afflict any widow or orphan. If you do afflict him, and he cries out to Me, I will surely hear his cry” (Shemot 22:21–22).

Notice that the Torah uses repeated expressions: “you shall afflict, afflict,” “he will cry out, cry out,” “I will surely hear.” What is the meaning of this repetition?

Rabbi Zaichik, in Or Chadash, offers a beautiful insight. Human beings do not possess a fine “surgical scalpel” capable of dividing a cry into its many components. When a person hurts another, by offending, humiliating, or causing pain, he may later regret it when he sees the other broken and wounded. He may sense the humiliation and hear the “silent cry” of the victim, but he still hears only one cry, a single sound. He is unable to perceive the many layers of pain concealed within that one cry. He does not penetrate the depths of the crushed and afflicted heart.

Yet within a single cry of a suffering person are many cries, even if it appears to be only one.

Only God, distinguishes between the multiple voices and layered cries. He discerns the different shades of pain, listens to the sighs, and recognizes their varying tones. Only He knows how to listen to the melody of the heart.

This is the meaning of the Torah’s repetition: “you shall afflict, afflict” — there are many dimensions to the suffering inflicted on the vulnerable; “he will cry out, cry out” — there are many kinds of cries and pain; and “I will surely hear” — only the Creator can hear and understand all of them.

Refining the Heart

We are called upon to refine our hearts — to learn to hear and feel the cries and pains of others, to recognize that there is never just one cry, and to listen to the many bitter cries hidden within a single expression of pain.

King Solomon writes in Kohelet: “Then I returned and saw all the oppressions that are done under the sun: behold, the tears of the oppressed, and they have no comforter; and from the hand of their oppressors comes power, but they have no comforter” (Kohelet 4:1).