BS"D
MAJESTIC MANDATES: PARSHAT MISHPATIM
Shira Smiles shiur - 2017/5777
Summary by Channie Koplowitz Stein
Parshat Mishpatim begins with the verse, "Ve'eilah... And these are
the ordinances you shall place before them," and continues with all sorts
of torts and laws about monetary obligations. Rashi immediately explains that
the letter vov/and at the beginning of the word always connects the
ideas that follow with the preceding ideas. Therefore, just as the preceding
laws were given at Sinai, so too do these laws come directly from God at Sinai.
Who would have thought otherwise? Wasn't the entire Torah with all its laws and
mandates transmitted to Bnei Yisroel at Sinai? The most straightforward
explanation may be the one given by Rabbi Eliyahu Mizrachi. While it is true
that Hashem taught Moshe all the laws and statutes of the Torah while Moshe was
on Sinai for forty days, these laws were at the beginning, accompanied by the
same thunder and lightening as the Ten Utterances themselves. Only after these
laws were given did Moshe ascend even higher where Hashem taught him the rest of
the Torah. However, the deeper message is that although these laws appear to be
general civil laws similar to the laws of any society, these laws are divine in
origin. These laws were instituted before creation as part of the Torah that
Hashem used as the blueprint for the world, writes Rabbi Munk. As such, they
are immutable and will never change, even as times change and society changes,
continues Rabbi Dovid Hofstedter. That's why the other nations rejected the
Torah, for Torah laws did not conform to accepted social mores of the times.
We can easily understand this argument by looking at some of the questions that
moral and medical ethicists have been discussing over the last fifty or seventy
five years here, but have been discussing in many cultures both modern and
ancient. Is abortion murder? How about euthanasia? Or assisted suicide? Does
one need to keep a newborn alive if it has (severe - who decides) birth
defects? Torah law does not change with changing moral sensibilities.
It is precisely this idea of the divine origin of all our laws that explains
why we are informed of the transmission and "genealogy" of the Mishnayot
of Pirkei Avot as having come from Sinai along with the laws. For
these Mishnayot, explains Rabbi Frand in The Power of a Vort,
citing Rav Ovadiah M'Bartenura. are meant to perfect our character, and indeed,
this is the aim of all the laws themselves. What human mind would have
forbidden listening to negative information about others when they were true?
(Even many Jews are unaware that, "But it's true!" does not erase the
sin of loshon horo.) Even more striking, what human mind would encourage
someone to help his enemy before helping his friend when both are in need of
assistance at the same time? Only the mind of the Divine could incorporate
these laws to fine tune the moral compass of mankind and create sensitivity to
all. These are Divine ethics, not human ethics.
The Prophet Isaiah declares, "Zion will be redeemed through justice."
Rabbi Mordechai Ezrachi offers a profound interpretation on this
prophecy. We are also told that Hashem looked into the Torah and created the
world. In other words, the Torah was the blueprint for all of creation. Since
that is the case, these laws about oxen, chickens, fire and thieves existed
before these entities were actually created, and these were created so that man
could improve his character by performing these mitzvoth. Human law was created
to address circumstances, while Torah law was created a priori. That's why
human law changes as circumstances and society change, whereas Torah law is
immutable. Just as an architect prepares his blueprints and his plans before he
digs a foundation or lays a single brick, so did Hashem first write the Torah
and then create the world according to those plans. When we live our lives with
the goal of perfecting the "building", the world we live in and
ourselves, we are moving toward the goal of a perfect, just world, the world of
redemption.
If one studies the Torah deeply, one will see connections between the laws and
human beings, and all of creation, writes Rabbi Yerucham Levovivitz z”l in Daat
Torah. The human body has 248 limbs that parallel the 248 positive mitzvoth
of the Torah and 365 sinews that parallel the 365 negative commandments. Man
was created this way to reflect the idea that Man can live his life in such a
way as to become a living Sefer Torah. Even parents were created so that humans
could honor and fear mothers and fathers. If this were not the purpose, God
could have easily created an advanced system of parthenogenesis for human
reproduction.
These mundane financial laws come right after the record of the most awe
inspiring experience of all mankind, immediately after God gave us the Torah at
Sinai. Would it not have been more appropriate to put a more exalted spiritual
passage here, perhaps the Shema? Instead we have laws about money, kesef.
But kesef can also be translated as desire, notes Rabbi Binyain Appel in
Mesameach Zion. We are meant to see spirituality within these laws, to try
to understand the premises Hashem built into these laws that reveal what Hashem
wants of us, and the laws are meant to create a desire to approach Hashem.
These laws form the basis of our belief system. They declare that everything we
have and every situation we find ourselves in comes directly from Hashem, and I
have no right to that which Hashem has given to another, writes Rabbi
Scheinerman in Ohel Moshe. That's why Hashem will ask us on our final
judgment if we acted faithfully in our business dealings, for how we act in
money matters is a clear reflection of our belief in God and in how He runs the
world.
In truth, all the mitzvoth are meant to bring us closer to Hashem. While our
Sages have tried to find the reasons for mitzvoth their taamim, that is
because such an exercise gives us a taam, a taste for the mitzvah, and
makes us appreciate the mitzvah more fully. But it does not give us the real
reason for the mitzvah, as only Hashem knows this, writes Rabbi Gifter z”l.
Human law depends on human logic, and therefore is subject to change, but
Divine law is based on logic beyond our understanding and therefore never
changes.
Consider the requirement about a garment that was used as collateral for
a loan. Every night the lender must return the garment to his debtor, and every
morning he picks it up again, lest the poor man remain cold overnight. Would
any human logic demand such inconvenience of a lender, continues Rabbi Gifter
z”l quoting the Midrash? However, that law teaches us about the chessed of
Hakodosh Boruch Hu. No matter how indebted we are to Hakodosh Boruch Hu, He
returns our souls to us each day. We come to appreciate Hashem's chessed to us
through this law about human interaction. Or consider the "fate" of a
Jewish thief who cannot repay his theft. He is not warehoused in a prison where
his negative traits will likely be reinforced, but he is placed in a stable
home to learn proper behavior so that he can be truly rehabilitated. It is
because Torah law comes from this higher and Divine logic that Jews should take
their differences to a beis din rather than to a secular court, even
when the decisions would probably be the same. for then we acknowledge that
Torah law rules our lives and we want the relationship with Hashem.
Our laws even consider the "feelings" of inanimate objects. For
example, the kohain must ascend to the altar on a ramp rather than on
steps, for climbing the steps may reveal some nakedness to the
"steps" and embarrass them. If the Torah is so concerned with the
honor of inanimate objects, writes Rabbi Beyfus in Yalkut Lekach Tov, how
much more sensitive must we be to the dignity of our fellow human beings who
were created in the image of God. In this sense, the interpersonal laws are
also laws between man and God.
Not all the laws of Torah are applicable to all people, and certainly not all
situations apply to all people. Even if we cannot implement particular laws in
our own lives, writes Rabbi Levovivitz z”l, just learning about them can give
us a small window into the "mind" of Hashem, so to speak. To know
Hashem at all, one must know human nature, one must be sensitive to the
emotions of others. When studying the laws of damages, one should become
sensitive both to the emotions of the one suffering the damage to his property
and to the emotions of the perpetrator, especially if the damage was done
accidentally. Is the homeowner concerned about replacing his broken window, and
also, is the child upset that he broke the window? This is a major purpose of
these laws, not just to create a better functioning society, but to create a
more sensitive society. Torah is not about punishment as secular law is, but
about creating sensitivity to each other, adds Rabbi Beyfus.
Studying the laws helps us understand what Hashem wants from us. Rabbi
Mattisyahu Solomon notes that both sides of the luchot, the stone
tablets on which were written the Ten Utterances, were equal. While one tablet
dealt with laws between Man and God, the so-called spiritual laws, the other
tablet dealt with the laws between Man and his fellow Man. Since both tablets
were equal, one should feel the same spiritual connection to Hashem when performing
social mitzvoth as when one performs spiritual/religious mitzvoth. When you
push yourself beyond self to connect to others and treat them well, you are
emulating Hakodosh Boruch Hu Himself When you restrain yourself from anger,
when you are generous to others, and so many other positive interactions, you
are connecting to Hashem and living up to the majestic mandate of the Torah He
has gifted to us.
There is an additional subtle reason Hashem placed these laws immediately after
the Sinai experience Hashem is further reminding us that there must be no
separation between our religious lives and our daily, mundane, business lives
reminds us Rabbi Rivlin z”l. There is only one unified world, z”lour
rabbis for questions of kashrut, for example, but think we can solve business
problems involving others by ourselves, says Rabbi Pincus z”l. We tend to
forget the nuances of Torah as we go about our jobs, for example, using the
copying machine for personal business or chatting to friends of the boss' time.
Did we get permission, or are we, in fact stealing?
Hashem did not give the Torah to the other nations. We are privileged to have
received the Torah. But it is only when we can appreciate the many nuances of
the Torah (and we can never understand them all) and the beautiful system the
Torah lays out for our lives, writes Rabbi Gedaliah Schorr z”l citing the
Kotzker Rebbe z”l, that we can truly thank Hashem with a full heart and sing
His praises.