Parshas HaShavua Mishpatim
Parshas Mishpatim
Jewish Law
"And these are the laws which you shall wset before them"
(Exodus 21:1)
The rabbis comment on the "and" (the conjunction "vav") with which this
sedra begins with. Rashi says that the force of the conjunction is to
emphasize that although the section on civil law in this sedra is separated
from the Ten Commandments in the previous sedra by an intervening passage,
both were promulgated on Sinai. Sforno remarks that the Ten Commandments
concluded with the words "nor anything that is your neighbor's", and the
purpose of the civil laws is that man should know his duties towards his
neighbor.
Ramban also draws a parallel between the civil law and the Tem Commandments.
The civil legislation of the Torah, in beginning here with the law of the
Hebrew slave, echoes the first of the Ten Commandments, which mentions the
release from bondage; and the reference to the seventh year in which the
Hebrew slave is to go free is paralleled by the fourth of the Ten
Commandments with its reference to the Sabbath.
Modern man usually differentiates between the Ten Commandments, which are of
Divine origin, and between civil law, which is of human origin. He does not
regard the prosaic and the pedantic laws, which govern everyday life and
behavior as being G-d given. Since the civil laws of modern states are
man-made they may be changed without any qualms to deal with different
circumstances as they arise. In Judaism, however, even civil law is of
Divine origin and its principles always stand. If, as sometimes occurred,
the law needed to be adapted to meet changed circumstances the sages always
acted in such a way as to safeguard the Torah law.
The concept of establishing courts of law to administer justice is in
Judaism a religious obligation. Judaism laid down seven laws � the seven
commandments of the sons of Noah �, which are applicable to all mankind, one
of which is the command to establish courts of justice. As for the Jewish
people, the principles of establishing justice in Israel anteceded the Ten
Commandments, having been given earlier at Marah after the crossing of the
Red Sea before Israel reached Sinai. The Torah tells how Moses, after
descending from Mount Sinai, sat alone, administering justice from morning
to evening (Exodus 18:13). With G-d's approval, he appointed judges to try
civil disputes, while more serious cases and matters of doubt were still
submitted to him for decision. A large part of Jewish civil law as set forth
in the Talmud and in the Codes is based upon the civil legislation found in
this sedra.
Underlying Jewish civil law is the ethical and moral code demanded by the
Torah. In Leviticus chapter 19, those ethical laws for which man is not
answerable to a human court, depending as they do upon the heart, are
followed by the words, "and you shall fear your G-d". Commands like those
not to curse the deaf, not to put a stumbling block before the blind, not to
steal nor to tell lies, are sometimes called natural or rational laws
because, it is thought, any reasonable person would obey then even if they
were not commanded by the Torah. Are there not atheists and rationalists who
lead their lives according to high ethical principles? The truth, however,
is that where there is no fear of G-d there is no basis for ethical conduct.
Immoral laws, such as those promulgated by the Nazis, will not be obeyed by
those who are guided by the higher moral and ethical laws of G-d.
Judaism teaches that just as the Ten Commandments were given on Sinai, so
too were all the laws of the Torah.
