"This Parasha is extraordinarily rich in a 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 overriding theme of the
relationship to the Creator, gradually breaking down into particulars (in human
relationships, and finally to one’s own heart). 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, even down to the
individual.
"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 noted that YHVH's instructions to His People were 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 (as already pointed out), 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 perfect 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 a 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
consume, 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. 12:1; 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 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". The word here for "alien"
is “ger”, from the root “gur” (g.u.r, gimmel, vav, resh), to “live,
reside, dwell, or sojourn”. According to The Theological Wordbook
of the Old Testament, "this root means to live among people who are not
blood relatives… thus, the ‘ger’ was dependent on the hospitality that played
an important role in the ancient Near East”. [2] Interestingly, the verb “gur”
also means “dread, fear”. This illustrates the fact that being a stranger meant
vulnerability, therefore requiring protection by the local inhabitants. Moreover,
if the many repeated lessons of sojourning will not have been sufficiently
learned, the Israelites may find themselves aliens all over again (e.g., Deut.
28: 63ff.), as YHVH would judge them for unrighteousness as He did the
Egyptians, and even more strictly, because of the higher standards expected
from them. Some examples of the way this word is used are as follows:
· Avraham sojourned in Egypt during the famine in the
Land of Yisrael (Gen. 12:10).
· 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 as that of
sojourners (ref. Gen. 47:4).
· 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“ the stranger, 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: “I
have seen the oppression with which the Egyptians are oppressing
them” (Ex. 3:9 italics added). This kind of repetition puts Yisrael ‘on the
spot’ as to their treatment of the alien/stranger. A similar theme is reiterated in 23:9, with
the addition, “…you know [understand] the soul of an alien since you were
aliens in the land of Egypt". The Israelites are most emphatically
expected to empathize with the alien, having once been in that humbling station
themselves. Remembering at all times that they have “come out of Egypt” leaves
the people without an excuse as to forget the conditions of the less fortunate
and for lording it over them!
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 Chadasha (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 the 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. Hence Cassuto 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 mete out justice to the enemy. [5] Nevertheless,
it does make 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. Reflecting on the case of the
stranger, widow, and orphan (22:21-23), the prohibition to mistreat them is
stated in the second person singular, but the consequences are to befall on the
nation as a whole, as verse 23 is written in second person plural, and says the
following: "And My wrath will become hot, and I will kill you with the sword,
your wives shall be widow, and your children fatherless".
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
"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, while also having His heart of care and compassion toward the less fortunate.
Similarly, we read in T’hilim (Psalms) 46:10 (literal translation): “Let go and
know that I am Elohim”.
Coming next in chapter 23, are commands to "do
good to those who hate you" (see Matthew 5:44; Luke 6:27), by taking care
of their animals and livestock, if they are either lost or have met mishap (vs.
4-5). In verses 14-17 reference tis made 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
In 23:19 (v.
According to the
above-examination of the term “mishpatim”, translated as “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. More evidence to the direct presence of Elohim in issues pertaining
to the everyday life of the people is the usage of the word Elohim (in Hebrew)
in 21:6 (and in 22:7&8) when referring to the judges, who are to be His
direct representatives. YHVH's sovereignty is also emphasized in 12-13, where
it says about an unintentional killing that Elohim is the one who had delivered
the unfortunate victim into the hand of the one who struck him.
Leaving YHVH’s Messenger and the 'inclusion' of His
presence in all aspects of the life of the Hebrews, we now 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” offer 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”. On
his way up the mountain with his assistant Yehoshua, Moshe tells the elder:
"Wait here for us until we come back to you" (24:14), echoing words
spoken many years hence when Abraham went up the mountain with his son and
charged his young men: "Stay here… the lad and I will go yonder and
worship, and we will come back to you" (Gen. 22:6). These words create a
linkage between Mount Moriah and Mount Sinai.
[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.
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