A ‘Bissel’ of Torah Parashat Mishpatim (Exodus 21:1-24:18)

by Joy Scott, Am Haskalah Congregant

In last week’s Torah Parsha (YITRO), we read about the dramatic event which took place at the bottom of Mount Sinai. Amidst thick clouds of smoke, and the booming sound of the Shofar, the Israelites heard the Words of God, as he presented to them the ‘Ten Commandments’.

In this week’s Parsha (MISHPATIM), there is an abrupt transition from the sensational narrative of last week, to a mundane list comprised of dozens of commandments and prohibitions, as spoken by God to Moses. In effect, MISHPATIM provides a compendium of the moral, ethical, and religious behaviors, expected from what has become a massive society, which has moved from slavery, to freedom; and, now to responsibility. The laws range from treatment of animals, daughters, protection of pregnant women; as well as capital punishment for either verbal or physical abuse of children to their parents. Within the many commentaries, pertaining to this week’s Parsha, it appears that specific laws and consequences have been selected, from the multitude of rules, for discussion and in-depth analysis.

“You shall not ill-treat any widow or orphan. If you do mistreat them, I will heed their outcry as soon as they cry out to Me” (1). In biblical society, the entire community is due a minimum quality of life, in proportion to each other. This includes widows, orphans, and the poor, injured, or anyone too ill to provide for his family. God takes it one step further: “If you lend money to the poor among you, you don’t act towards them as a creditor; exact no interest from them” (2).

In Exodus (21:23-25), there are two statements which created much consternation amongst our early sages; with the discussion of the underlying meaning, continuing today with our more modern rabbinical scholars. The statements are ‘an eye for an eye’, and a ‘tooth for a tooth’. Our ancestral Torah and Talmud experts placed a limit on what is fair and permissible. According to the ‘Midrash’, the Hebrew words should have been translated to the effect,’ one who causes physical damage to another, is made responsible for compensating the injured party, monetarily’ (3).

“You shall not oppress a stranger, for you know the feelings, as you were strangers in the land of Egypt” (4). This instruction has been interpreted as a ‘moral’ lesson. The former slaves of Egypt could easily understand it; but, it is intended for future generations to learn, as well. Regarding the enemies of the Israelites, the Torah, in this week’s Parsha, tells the Israelites to be fair and just: “When you encounter your enemy’s animals wandering on your property, you must take the enemy’s animals back to him” (5).The Torah recognizes the reality, that it is not common in human nature to ‘love’ your enemy. However, displaying human courtesy and kindness, thwarts resentments and disputes. “Loving your friend is easy; loving your enemy is nearly impossible” (6).

The rules in ‘MISHPATIM’ also include the observance of Shabbat and other seasonal festivals; eating unleavened bread in the Spring of each year; the prohibition against cooking meat with milk; and, the agricultural gifts which are to be brought to the Holy Temple each year.

After a ‘blood ritual’, Moses came down from the mountain, “and told the people all of the words of the Lord, and the people answered in unison: All the words the Lord has spoken, we will do” (7).

The Torah, itself is partly a book of Jewish law. By using the metaphor of law, “our traditions lift goodness beyond preference or mood, establishing the hatred of evil and the pursuit of righteousness, as a mandate at all times and places” (8).

 

FOOTNOTES:

(1) Exodus (22:21-22)

(2) Exodus (22:24)

(3) The Torah: A Modern Commentary

(4) Exodus (22:26)

(5) Exodus (23-24)

(6) The Torah: A Modern Commentary

(7) Exodus (24:3)

(8) “Here Comes The Judge” www.myjewishlearning.com