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THE TANACH STUDY
CENTER www.tanach.org
In Memory of Rabbi Abraham
Leibtag
Shiurim in Chumash &
Navi by Menachem Leibtag
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PARSHAT
MISHPATIM - abstracts
Part
One - Organizing Parashat
Mishpatim
Parashat
Mishpatim presents a wide array of laws and mitzvot. Due to the detailed nature of the legal content of this
parasha, we often neglect to look upon it from a bird's eye view and assess the
overall structure. So, let's give
it a try. We will first arrange
the laws into discernible sections, and then analyze the progression from one
section to the next.
The
first section, which runs from the beginning of the parasha through 22:19,
discusses "case-type" law.
Meaning, it addresses a range of specific circumstances in which the
court must render a decision between litigants. The parasha then shifts to the imperative form, issuing
certain obligations and prohibitions regarding basic, civil conduct. This section, which spans from 22:20-23:9,
is clearly demarcated by one prohibition that both opens and closes the
section: the prohibition against taunting foreigners. This mitzvah sets the tone for this entire section, which
demands upright and ethical behavior: proper treatment of the underprivileged, paying
taxes (tithes and firstborn animals), legal integrity, and helping others,
including one's foes. The laws of Parashat
Mishpatim conclude with a third and final section, which deals with Shabbat,
the sabbatical "shemita" year, and the pilgrimage festivals.
This
progression may reflect the proper sequence when forming a religious society as
demanded of Bnei Yisrael. First
and foremost, a competent judicial system is necessary to ensure law and order. Secondly, the citizenry must become
sensitive to the needs of others - particularly the underprivileged - even in
matters unenforceable by the courts.
Only after society has grounded itself on these ideals of moral and
ethical conduct can it experience a special relationship with the Almighty, as
reflected by the laws of Shabbat and the pilgrimage holidays.
We
may detect another pattern in Parashat Mishpatim, as well, one which operates
within the framework of Parashat Yitro.
Let's consider the unit from Shmot 19 (Bnei Yisrael's arrival at Sinai)
through the end of chapter 24 (the end of Mishpatim), and trace the progression
of theme "outside-in," from the unit's beginning and end to its
center.
This unit begins and ends with a covenant: the Revelation in
chapters 19-20 and the ceremony of chapter 24. Immediately following the commandments, God urges the people
to recognize Him as the One who revealed Himself at Sinai, and then prohibits
idolatry and orders the construction of an altar (20:19-23). These three issues, which parallel the
first three of the Ten Commandments (the altar serves to sanctify God's Name,
parallel to the third commandment), appear again in Parashat Mishpatim, prior to
the account of the ceremony (23:20-25; note "for My Name is in its midst"
in 23:21). Moving in one step
further, Parashat Mishpatim opens with the freedom of servants after seven
years, parallel to the mizvah of Shabbat.
This mitzvah is represented at the other end by not only another mention
of Shabbat, but also by the mitzvot of "shemita" and the festivals
(23:10-9). In between, we find a
whole array of laws governing interpersonal conduct, which parallel the final
six commandments.
This
structure, which features the Sinaitic covenant at either end and civil law in
the middle, reflects a fundamental Jewish principle: our religious
responsibilities apply first and foremost to our day-to-day, civil
conduct. We may never divorce
spirituality from social conduct.
To the contrary, the implementation of the covenant must occur in the social
sphere before any other realm of life.
Part Two - The
Second Half of Ma'amad Har Sinai
Although
Parashat Mishpatim is best known for its legal content, we should not ignore
the Parasha's conclusion, which continues the story of Ma'amad Har Sinai (the
receiving of the Torah at Sinai). This
final section (Shmot 24) includes: Moshe's relating the laws to the people and
their acceptance thereof, the construction of an altar for offering sacrifices,
Moshe's public reading of the "book of the covenant," and the ascent
of Moshe, Aharon, his sons, and the elders up Mount Sinai. Seemingly, this account simply
continues the story begun in Parashat Yitro. Recall that after the Ten Commandments Moshe ascends the
mountain to study the laws. God
teaches him many mitzvot, recorded in the final verses of Yitro through chapter
23 in Parashat Mishpatim. Moshe
now comes down and tells the mitzvot to the people, who emphatically respond,
"We will do!" (24:3).
They then conduct a formal ceremony, including sacrifices and Moshe's
public reading of these laws. This
is how the Ramban explains.
Rashi,
by contrast, holds that this entire section occurred earlier, before the Ten
Commandments. According to his
interpretation, this ceremony of Shmot 24 actually took place in Shmot 19, as
part of the preparations for Matan Torah.
What prompted Rashi to reverse the sequence of the Chumash?
Firstly,
merging these two sections could help solve several enigmas. For example, in 19:22,24 God makes an
ambiguous reference to "kohanim." To whom does this refer? If chapter 24 occurred at the same time, then this elite
group may have been Aharon's sons and the elders who formed a representative
body to formally accept the covenant on behalf of the entire nation, as
described in 24:9-10. Furthermore,
Bnei Yisrael declare "na'aseh" ("we will do") three times
in Parshiyot Yitro & Mishpatim.
By merging the two sections, this redundancy becomes clearer.
Another
advantage of Rashi's approach relates to the "book of the covenant"
Moshe reads to the people. Rashi clearly
cannot explain as the Ramban does, that this book consisted of the laws of
Parashat Mishpatim; according to Rashi, Parashat Mishpatim hasn't happened
yet! He therefore understands this
book as Sefer Breishit. How
appropriate it is for Bnei Yisrael to study Sefer Breishit as part of their
formal acceptance of the Torah!
Breishit speaks of how and why they are selected as God's nation. Now that Bnei Yisrael accept the
responsibilities and privileges of God's nation, they must review the purpose
and function of their designation.
Of
course, Rashi's approach begs the question, why are two concurrent events
separated? If these two chapters occurred
simultaneously, why didn't the Torah combine them?
Perhaps
the two sections of preparations for the Revelation underscore the two distinct
aspects of Matan Torah. Chapter 19
mandates strict measures of discipline and purity necessary in anticipation of
a divine revelation: washing clothing, abstaining from marital relations, and
keeping a distance from the mountain.
Chapter 24, by contrast, presents a far more festive environment,
replete with public study, offering and eating sacrifices, and celebration. Both these elements must accompany a
spiritual encounter. On the one
hand, one's relationship with God must be one of awe and trepidation, which
require one to "keep his distance." At the same time, spirituality should serve as a source of
great joy over the privilege of establishing a unique relationship with the
Almighty.
Abstracts
by David Silverberg