"This Parasha is
extraordinarily rich in variety of themes, and multiplicity of laws, judgments
and statutes governing every facet of human existence. This comprehensive
legislation covers relations of man to their society, between members of the
same community, between peoples, between man and man, man and his enemy, and
even between man and the flora and fauna of his environment, not to mention the
relationship with man to his Creator. The Torah therein regulates the life of
the Hebrew person at work and at leisure, on Shabbat and festivals."[1] We
will examine some of Parashat Mishpatim’s terms against the backdrop of this
summary. Last week we noted that, the Ten Words were
presented in a progression, from the more general themes and gradually breaking
down into particulars. This week the trend seems to go the other way. Thus,
before the ‘national’ commandments regarding the times and seasons (in the
land) – 23:10-19 - and the ‘big picture’ as described in 23:20-33, the people
of Yisrael are presented with very detailed and specific instructions as to
what is expected of a set apart nation.
"And these are the
judgments which you shall put before them…" are the opening words of our
Parasha. The singular form of “mishpatim”
(“judgments”) is “mishpat”, the root letters being sh.p/f.t
(shin, pey, tet). Last week we saw that YHVH's instructions to His People are
not to be defined simplistically as a set of rules of 'do's' and 'don'ts.' “Mishpat” may be compared to last week's
“chock” - "law" - which is
also to “engrave", and to “pikudim” - "precepts" (a glimpse of
which we had in Parashat Shmot, in 3:16,
where it appeared as the verb to “visit"). Likewise, “mishpat” also has a
variety of meanings such as "just" (Deut. 32:4), and "justice"
(Is. 16:5). In this Parasha “mishpat” is used several times as "arbitration"
and "decision making" (21:31), as well as "legal
right" (23:6) and "custom" (21:9). According to
The Theological Wordbook of the Old Testament, this “word [which is] of broad
meaning, is also to be understood as to “govern or rule". [2] Thus,
although some of the “mishpatim” could be termed as "judgments" or
“ordinances” in the stricter sense of the word, this judicial term is couched
in a much larger social and spiritual framework, a framework that is rooted in
YHVH's Torah, the latter being anything but a strictly official and legal
codex.
Let us go back to our
opening verse: "And these are the
judgments which you shall put before them". Notice that Moshe is told to “put"
or "place" the judgments before the Israelites.
"Put", as used here, appears to be almost out of place, unless it is
tied to some image such as we encounter in Ya’acov (James) 1:22-25: “…Become
doers of the Word, and not hearers only, deceiving yourselves. Because if anyone is a hearer of the Word,
and not a doer, this one is like a man studying his natural face in a mirror;
for he studied himself, and has gone away, and immediately he forgot of what
kind he was. But the one looking into the perfect Torah of liberty, and
continuing in it, this one not having become a forgetful hearer, but a doer of
the work, this one will be blessed in his doing” (italics added).
Thus the Torah, which is to
reflect the new nature of the “am s'gula” (the “treasured People” as mentioned
in last week’s Parashat Yitro), is likened to a mirror. "Placing the
mishpatim before the people" becomes clear, therefore, especially when
considering the Israelites' response last week: "All which YHVH has spoken
we will do” (Ex. 19:8) and this week too (ref. 24:3). ). Incidentally the same
verb, put (“sim”) is also used in Bamidbar (Numbers) 6:27, regarding the
placing of the Priestly Blessing upon the Children of Yisrael (as well as in
6:26, where YHVH is said to “put” or “place” His peace on the recipients of this
blessing).
These “mishpatim”,
therefore, constitute one of the aspects reflecting and revealing the ‘new
nature’ (and also ‘flesh’ and sin) of YHVH's special and holy people (ref.
22:31), which they see each time they look "into the prefect Torah of
liberty". And what is it that they first see there? "When you buy a
Hebrew slave (“eved” – “one
who works”), he shall serve six years, and in the seventh he shall go out
free for nothing" (21:2). What could be more appropriate for the newly
released slaves than to act with consideration and kindness toward their own
brethren who have met with this predicament? Is it any wonder then that, this
is the first ruling they encounter as they look into the “mirror” which has
been “placed before” them? Various dimensions of this topic are dealt with all
the way through to 21:11. A variety of regulations ensue, mostly dealing with
acts of violence, followed next by rules regarding damages caused specifically
by one's livestock (chiefly oxen) to others.
Reparations for these
damages proceed (chapter 22:1-17), leading to various moral and ethical issues,
as well as to the treatment of the defenseless. But before we get to this
point, let’s examine verses 5 and 6. The translation reads as follows: "If
a man causes a field or vineyard to be grazed, and lets loose his animal,
and it feeds in another man's field... If fire breaks out and catches in
thorns, so that stacked grain, standing grain, or the field is consumed, he
who kindled the fire shall surely make restitution” (emphases added).
Notice the words: causing (a field) to be grazed, animal, feeds, he who kindles
fire. In Hebrew all these verbs and nouns stem from a single root, b.ae.r (bet,
ayin, resh) with its primary meaning being “to burn, destroy”. But as is
illustrated in our text, this term is ‘stretched’ further to include grazing
(in a sense of “removal”) and even animals, from which it morphs into “brutishness”. The latter meaning is then applied to the
“fools” and ones “without sense” or “knowledge” (e.g. Ps. 94:6a; Pro. 32:2a;
Jer. 10:21a, being just a few examples). “Removal” (mostly of evil) is another
usage of this term (e.g. Deut. 17:12; 19:13). This is a typical illustration of
the associative Hebraic thinking. Let us now return to the “treatment of the
defenseless”. In 22:21 we read: "You shall not torment an alien. You shall
not oppress him, for you were aliens in the land of Egypt
· Avraham sojourned in Egypt during the famine in the Land of Yisrael
· Lot
was scornfully called a sojourner by the people of Sdom (ref. Gen. 19:9).
· Ya'acov described his
stay with Lavan as that of a sojourner (ref. Gen. 32:4).
·
Ya’acov’s sons defined their status in Egypt
· Hebrews 11:9,13
characterizes the Patriarchs as those who considered themselves pilgrims and
aliens (not regarding themselves as members of this sin-ridden world).
· The Elohim of Yisrael is
termed this way, when not welcome among His people (ref. Jer. 14:8).
· Finally, in the age to
come the wolf will be the "protected citizen" of the lamb (Is. 11:6).
[3]
The Torah’s cautions
regarding all behavior towards the ‘stranger’ number no less than 36; more
times than it deals with any other command![4] This fact powerfully speaks for
itself. In 22:21 Yisrael is told to not “wrong or oppress“ him, with the
latter verb being “lo’chetz” (l.ch.tz. lamed, chet tzadi) - literally
“to restrict, squeeze”. YHVH used this very term when He was responding
to Yisrael’s cry in Egypt land
of Egypt Egypt
Our text continues in
verses 22:22-24 as follows: "You shall not afflict an orphan or a
widow. If you afflict him, if he at all
cries to Me, I will surely hear his cry, and My anger shall glow, and I will
kill you with the sword; and your wives shall become widows, and your sons
orphans." Once again we turn in the Brit Chadashah (New Testament) to the
Epistle of Ya'acov (James), where we read, “Pure and undefiled religion before Elohim
and the Father is this: to visit orphans and widows in their afflictions"
(1:27). In the same vein, Sh’mot 23:3 and 6 read, respectively, "And you
shall not favor the lowly – dah’l - in his lawsuit"
and, "You shall not pervert the judgment of your needy one –
“evyon” in his lawsuit". And although “favor” and “pervert” are
certainly not synonymous, according to the commentator Cassuto the way these
two verbs are presented here makes for similarity between the two ideas. He
therefore tried to reconcile these two passages, which he deemed to be
redundant if not explained in some other way. Cassuto therefore attaches to
“ev'yon” (here) a meaning other than "needy", and connects it to the
word “oyev” - “enemy” - thus making this a prohibition corresponding to the two
preceding admonitions (23:4-5), that is, to meting out justice to the enemy.
[5] However, it makes perfect sense that YHVH would forbid favoring the needy
in judgment, as a lowly social status, obviously, does not necessarily equal
righteousness. At the same time, perverting the needy’s case in court is also a
very severe violation of YHVH’s righteousness.
YHVH’s expectation from the
redeemed community’s attitudes is also illustrated in another way. In 22:25 we
read: "If you lend money to My people, to the poor among you, you are not
to act as a creditor to him; you shall not charge him interest.” The
preposition “if” (that the Torah presents here, rather than “when”), intrigued
the Jewish commentators, since in their opinion there was no question that
lending to the needy was a definite command. They resolved this by stating that
if one does something compulsorily, it is not necessarily done as graciously as
when doing it out of one’s own free will. Thus, YHVH expects His people to act as
if given an option; that is from a heart that is generous and has elected
to act, even if in reality there is no choice in the matter. Put differently,
we are to delight in obedience and generosity.
Let us return now to 22:26-27
briefly, there to find included in the ordinance a reasoned appeal: "If
you ever take your neighbor's cloak as a pledge, you are to return it to him
before the sun sets, for that is his
only covering; it is his cloak for his body. What else shall he
sleep in? And it shall come about that when he cries out to Me, I will hear
him, for I am gracious” (italics
added). This “neighbor” is possibly so poor that his cloak serves him as “his
covering” – a sheet – “cloak for his body” – sleeping garment, and “for
sleeping in” – it is his very mattress. YHVH is concerned with every detail,
“for I am gracious”, and expects as much from His own.
Verse 29 in our chapter (22) is
unique in its (Hebrew) vocabulary. It is generally translated: “You shall not
delay [to offer] the first of your ripe produce and your
juices. The firstborn of your sons you shall give to Me.” But “the first of
your ripe produce and your juices”, are rendered in Hebrew: “your
fullness – “m’le’at’cha” - and your tear/drop – “dim’a’cha”.
Psalm 126:5 refers to those who “sow in tears” (“tear” singular – “dim’ah”).
Interestingly, within “demah” or “dim’ah” is included the word for blood, “dam”.
This gives an added meaning to Luke 22:44, where we read about Yeshua’s sweat
that was like “drops of blood”. But what about the “fullness”? John 19:29 mentions
the “full” jar of vinegar into which a sponge was dipped and held up to
Yeshua’s thirsting lips. In the second part of verse 29 (in our chapter) YHVH continues,
saying in the same breath with the “fullness” and the “tear/blood” concept: “the
firstborn of your sons you shall give to Me”. As we know, bloody sweat and the
fullness of the cup of sorrows were both experienced by YHVH’s Firstborn, whom He
gave “that whoever believes in Him should not perish, but have eternal life”
(John 3:16).
"And you shall sow
your land six years, and you shall gather its produce. And the seventh year you
shall let it rest and lie fallow" (23:10). After the seventh year release
of the slaves (referred to above), we encounter again a ‘seventh year’
principle, this time regarding the land. "Let it rest and lie fallow"
is designated by two verbs, “shamot” (sh.m.t. shin, mem, tet), and “natosh”
(n.t.sh. noon, tet, shin); the first meaning to “let go", and the
other to “forsake". This "letting go" and
"forsaking" of the land and its husbandry is designed so that
"the needy of your people shall eat. [Whatever] they leave behind, the
animals of the field shall eat. So you shall do to your vineyard, and to your olive
grove" (v. 11). A similar theme is seen in the following verse, which
speaks of seven days of labor, and of a seventh day in which "you shall
rest, so that your ox and your ass may rest, and the son of your slave-girl and
your alien may be refreshed". It is significant that the care of the poor,
slaves, and livestock is related to "resting" and "letting
go", all of which point to trust, faith and reliance on YHVH. Similarly,
we read in T’hilim (Psalms) 46:10 (literal translation): “Let go and know that
I am Elohim”.
Coming next in chapter 23
verses 14-17 is a reference to the calendar, and its feasts (or rather,
“pilgrimages” – “regalim”). But whereas the month of Aviv, mentioned in verse
15, is to be the first of months (ref. Sh’mot 12:2), speaking of the “Feast of
Ingathering”, in verse 16, as being at the “end of the year” appears to be
problematic. Hence let us take a close look at the words used in verse 16. In Hebrew the “end of
the year” is rendered “tzet ha’shana” – literally, the “going out of the year”.
However, can this term “tzet” have a different meaning? In D’varim 14:22 there
is mention of “the grain that the field produces year by year”. In Hebrew it
says: the produce of your seed that comes
out – yotzeh - year by year”. Thus the verb yotzeh – comes out – in its
noun form - “tzet” - may be understood as the “produce” of a given year. Going
back to our verse, 23, we may read therefore: “The Feast of Ingathering at [the
time of] the year’s produce…” Verse 18 deals with the blood and the fat of the
sacrifices, and their proper handling. Some of the translations read: “nor
shall the fat of My sacrifice remain until morning” for the second part
of the verse (italics added). The Hebrew word used there for “sacrifice” is “chag,
which literally means feast with the idea of circularity imbedded
in it (both in terms of the repetition or reoccurrence of the feast, and may
also refer to the actual physical marching and/or procession connected with it.
See Is. 40:22).
In 23:19 (v. 18 in Hebrew) we encounter 10
words (5 in
Hebrew) upon which rest most of the elaborate Jewish dietary laws: "You
shall not boil a kid in its mother's milk". It follows, "You shall
bring the first of the fruit of your soil to the house of YHVH your
Elohim". The word used for "boil" (“bashel” -
b.sh.l, bet.shin.lamed) or "cook" also means "ripe"
(e.g. Joel 3:13). Could this be a reminder, therefore, not to let the kid
become too mature before offering it up to YHVH, especially if the context of
the entire verse is taken into consideration, along with 22:30 (where mention is
made of bringing to YHVH the firstlings of the sheep on the eighth day)?
According
to the above-examination of the term “mishpatim,” translated “judgments”, it is
not to be defined strictly by the letter of the law but more broadly as YHVH’s just
arbitrations, which are to become standard and customary
within the redeemed community of Yisrael (the italicized terms are all rendered
“mishpat” or “mishpatim” in Hebrew). As a provision for making this lifestyle
feasible, we read: “Behold, I send an Angel/Messenger before you, to keep you
on the way and to bring you to a place which I have prepared” (Ex. 23:20 ff).
Thus protection is already provided, and the destination has also been
prepared. “If you obey his voice and do as I say…” tells us that the Messenger’s
voice and YHVH’s are synonymous. “And I will be an enemy to your enemies and I
will be an adversary to your adversaries”. In the Hebrew “I will be an enemy”- “ve’a’ya’vti (le’oy’vecha”- “to
your enemies”) appears here in verb form (to be found nowhere else in the
Hebrew bible), as it does too with “I will be an adversary” - “ve’tza’rarti
(le’tza’re’cha” – “to your adversaries”,
v. 22). The usage of the verb form (and especially in the case where a verb is literally
made up for the purpose of conveying this idea) underscores YHVH’s total
identity with His People. It illustrates more vividly His active participation
in their experiences. The presence of the Angel/Messenger, in whom abides
YHVH’s name, in their midst adds to the closeness that YHVH is establishing
with His people.
Leaving YHVH’s Messenger,
we continue on and climb new heights, but not before the act of sprinkling the
atonement blood (24:6), in the course of which the “young men of Israel” offered
up burnt offerings and peace offerings (v. 5), while the seventy elders, “went
up… and saw the Elohim of Israel… and
did eat and drink” (24:9,10,11). In this way the covenant is seen to encompass
the people as a whole; from the young men at the foot of the mountain (the
foundations), to the elders at the top and in close proximity to YHVH, with the
sprinkling of the atonement blood being at the heart of the event and literally
over the ‘body’ of the nation. The twelve pillars and the altar, in 24:4, provide
a graphic and physical illustration, again, of the total inclusion of every
member of the household of Yisrael. In addition, in Hebrew the word for
“pillars” is actually conveyed here in singular form, thus adding a unifying
factor to the all-inclusive nature of the covenant and oneness of the people.
The scene climaxes with Moshe being called up to YHVH on the seventh day of this
season, during which YHVH’s glory appeared on the Mountain: “And to the eyes of the sons of Israel the
appearance of the glory of YHVH was like a consuming fire on the mountain top”
(24:17).
YHVH summoned Moshe to come
up to the Mountain, where he was to stay for forty days, as he was about to
give “the tablets of stone, and the Torah and the commandment which [YHVH] has
written to teach them" (24:12). The word for "teach them"
is “(le)horotam”, of the root y.r.h (yod, resh, hey) - meaning to “shoot"
or to “fling" and by implication to “teach" and forms
the root of “Torah” (as mentioned last week). This one verse makes quite clear the
connection of Torah to "teaching". Here we see again, as we observed in the beginning
that, "the Torah is anything but a strictly official and legal codex”.
[1]
New Studies in Shmot Part 2, Nechama Leibowitz, trans. Aryeh Newman. Eliner Library,
Department for Torah Education and Culture in the Diaspora. Hemed Books Inc., Brooklyn , N.Y.
[2]
Theological Wordbook of the Old Testament, Vol. 2, ed. R. Laird Harris, Moody Press, Chicago, 1980.
[3]
Ibid.
[4] New Studies
[5]
Ibid.
Hebrew Tools for Everyday Use
This time we will use the
root shin, pey/fey, tet (which is the root of the Parasha’s name – Mishpatim)
in noun and verb form. We will see how the verb “le’horot”, to teach, is
employed in Modern Hebrew, not only in this sense but also forms the noun for
“parent” and “parents”. We will conclude with “cooking” and with the addition
of a new word (not in our Parasha text) – sweat, which is “yeza” (with a more
common word for “sweat” being “ze’ah”) and hence “blood, sweat and tears”.
The judge judged the enemy
Hashofet shafat et ha’o’yev
What did the parent cook?
Ma bishel ha’hore? (lit. what cooked the parent?)
The parents cooked a dish for the sons/daughters
Ha’horim bishlu tavshil la’banim/la’banot
Blood, sweat and tears
Dam, ye’za
u’dma’ot
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