"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 overall general themes 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) in 23:10-19, and the
‘big picture’ as described in 23:20-33, the People of Yisrael is 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 “set limits” and additionally to “engrave," and to “pikudim” -
"precepts" (a glimpse of which we had in Parashat Shmot 3:16, where
it appeared as the verb to “visit"). Likewise, “mishpat” also has a
variety of meanings, such as "just" (e.g. Deut. 32:4) and
"justice" (e.g. Is. 16:5). In this Parasha “mishpat” is used
several times as "arbitration" and "decision making"
(21:31), as well as a "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, which is 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).
The
Torah, which is to reflect the new nature of “am s'gula” (“a 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). Thus
these “mishpatim” constitute one of the aspects reflecting and revealing the (potentially)
‘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, and reflect their ‘new status,’ 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 that 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 verse 11 (chapter 21). 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. 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 C’na
· Lot was
scornfully called a sojourner by the people of Sdom (ref. Gen. 19:9).
· Hebrews 11:9,13 characterizes the Patriarchs
as those who considered themselves pilgrims and aliens (not regarding
themselves as residents of this sin-ridden world).
· Ya'acov described his stay with Lavan as that
of a sojourn (ref.
Gen. 32:4).
· Ya’acov’s sons defined
their status in Egypt
· 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 22:20 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 responded to Yisrael’s cry in Egypt land
of Egypt Egypt
Our text continues in 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 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, 23:3, 6 say,
"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" (italics
added). And although “favor” and “pervert” are certainly not synonymous, according
to the commentator Cassuto, the way these two verbs are presented here makes (or
should make) 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] If taken at face value, these
verse may be understood to mean total equity in judgment; no special favor to
the needy, nor, on the other hand, perversion of justice.
YHVH’s ultimate expectation as to the
redeemed community’s attitudes is illustrated in another way in 22:25, where 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 directive. 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. 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. We may conclude,
therefore, that we are to delight in obedience.
Let us now briefly return to 22:26-27, 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.” This “neighbor” is described as someone
who is possibly so poor that this cloak serves him as “his covering” – a sheet
– “cloak for his body” – sleeping garment, and “for sleeping in” – 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 presents a
very unusual Hebrew text. 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 instead of “the first of your ripe produce
and your juices,” the Hebrew rendering is: “your fullness – “m’le’at’cha”
- and your tear/drop – “dim’a’cha” - you shall not delay…” Psalm
126:5 refers to those who “saw in tears (literally, “tear” – “dim’ah”)…” Interestingly, within “demah,” or “dim’ah” is
included the word for blood, “dam.” Thus in Luke 22:44 we read about Yeshua’s sweat that was
like “drops of blood.” John 19:29 mentions the “full” jar of vinegar into which
a sponge was dipped and held up to Yeshua’s thirsting lips. If we go back to
29b, we notice that in the same breath YHVH says, “The firstborn of your sons
you shall give to Me.” As we know, the drops of blood 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" (23:10-11a). After the seventh year release of the slaves,
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 of 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. 11b). A similar theme is seen in
the following verse, which speaks of six 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, and so in T’hilim (Psalms) 46:10 (literal
translation), we read: “Let go and know that I am Elohim” (although with the
usage of a different verb).
In 23:19, 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 before you, to keep
you on the way and to bring you to a place which I have prepared” (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 Angel’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” (v. 22). 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”). The usage of the verb
form (and especially in the case where a verb is literally made up for the
purpose of conveying an idea) underscores YHVH’s total identity with His
People. It illustrates more vividly His 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 to new heights, but not before the sprinkling of 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 (in the
foundations) [6], 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 entire ‘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 the glory resting on the Mountain: “And to the eyes of the sons of Israel
YHVH summoned Moshe to come up to the
Mountain, 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.- 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.
[6] This is an unusual picture: as
the youth would not be expected to be at the foundation, but rather the elders,
who in this case were in the ‘summit.’
