Parashat Mishpatim begins, “These are the rules (mishpatim) that you shall set before them.” Jewish tradition teaches that the mishpatim (ordinance, judgements) were also given at Sinai; the “ten words” in the morning and the “mishpatim” in the evening (Midrash, Shemot Rabbah 30:3). Nevertheless, what can we learn about their placement after the ten words?
One of the first topics of mishpatim (53 of the 613 mitzvot are here) has to do with the laws about slave ownership (Exodus 21:2-11). Ibn Ezra teaches, “There is nothing more difficult for a person than to be subjugated to another person. This is why the Parshah begins with the laws of how the Hebrew slave is to be treated.” The Torah does not speak against the idea of slavery (“servant” in this context), but is concerned about the dignity, rights and honor of a slave. Issues such as the mistreatment of a slave, to also include bodily injury and even death, as well as slave property rights, are listed in juxtaposition with the responsibilities of the owner. This is held in contrast to Pharaoh who owned the slaves in Egypt but had no responsibilities or accountability to how those slaves were treated. As Torah teaches, both slave or master (analogous to employee-employer) are (supposed to be) equally free since both are created in the image of the divine and receive the same honor.
Parshat Mishpatim is also a further explanation of the “ten words.” Such themes in Mishpatim include crimes against others (do not kill, do not steal), animal rights, respect of another person's property and awarded damages (do not covet), fair treatment of others and ethical behaviors (honor your mother and father, do not lie), equal rights in law and judgment (Keeping the Sabbath is equal for all, servant or master alike). The general message here, as it is with the slaves, has to do with equal rights that are framed as civil order. The divine mandate of equality is found as the standard of continuity between disputing parties rather than the genesis of the commandments (see. Exodus 22:8), or as a bridge linking the fair treatment between a creditor and a borrower with ethical business practices (Exodus 22:27). The entire premise of such laws again begins with the theme that all are equal in judgment regardless of the situation.
Rashi also embraces (per the above Midrash) that both the ten words and the ordinances (the mishpatim of this parasha) are a product of Sinai. But Rashi raises the following issue: "Why is this section dealing with the ‘civil laws’ placed immediately after that commanding the making of the altar?” (see Exodus 20:21-22). His answer, “To tell you that you should seat (i.e. provide quarters for) the Sanhedrin in the vicinity of the Temple.” The “ten words” (law) stood next to the Altar (religious/spiritual). In the same way the Sanhedrin adjudicated (law) everyday life sitting next to the Holy Temple, the Beit Hamikdash (religious/
In his work, Shmirat HaLashon (Guarding our speech), the Chofetz Chaim teaches that all human good is impeded by the acts of “lashon hara” (evil speech) and “rechilut” (gossip). But it is not just those sins per our tradition that Chofetz Chaim compares to murder (Talmud, Arachin 15b), but also harm from bad behaviors. Thus the Sages taught "Blessed is he who does not smite his friend,” which for the Chofetz Chaim includes acts of “theft, robbery, cheating, and the like” that have everything to do with the denigration of human dignity and rights. As such, the Chofetz Chaim further teaches that “because of the sin of lashon hara the Shechinah (presence of the Divine) departs from Israel,” disconnecting basic human decency from the divine image within. Putting it another way, Rabbi Arthur Green says this belief that all is One (think Shema) “rejects that there is a sharp division between the spiritual life and the commitment to societal transformation.” In Judaism our worldly behaviors are intertwined with our divine spark within. This is part of the message in Mishpatim.
Daily we are reminded of that relationship, in Jewish morning prayer we read, “Lord of all Worlds” (רִבּוֹן כָּל הָעוֹלָמִים), notice not “world” (עוֹלָם) but “worlds” (עוֹלָמִים). We are human on many levels, and while our bodily presence is intertwined with our divine image, we also live in the physical world being guided from the inner convictions of that image. That is Judaism, wide enough to fit us all, but a multilevel existence. Mishpatim makes it clear that within the boundary of Law (and their laws differ from ours naturally) if human rights and ways are subjugated to others the result will be transgressions against human equality. Avoiding all that can be said about happenings around the world, as our hearts continue to be heavy regarding Israel and other events both abroad and at home, I will say this; while the subject of Law will always include disagreement and frustration, the subject of human equality must be the forerunner in every Jewish conversation, either in Washington or at home.
Shabbat Shalom,
Rabbi Adam Ruditsky
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