[Par-lite] Parshat Mishpatim - Shiur #2
Menachem Leibtag
tsc at bezeqint.net
Thu Feb 15 16:48:29 EST 2007
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THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
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PARSHAT MISHPATIM - shiur #2
A SPECIAL UNIT / AN EDUCATIONAL PROGRESSION
What's better - Chumash or Shulchan Aruch?
The question really isn't fair, but anyone who has studied both
books realizes how different they are.
As Parshat Mishpatim contains a set of laws that sounds a bit like
Shulchan Aruch [the Jewish Code of Law], this week's shiur will
analyze their progression, to show how the Torah delivers its message
through the manner of their presentation.
INTRODUCTION
In last week's shiur, we began our discussion of how the laws in
Chumash are presented in groups (or 'units'). For example, in Parshat
Yitro, we saw how the first 'ten' Commandments were given as part of
Ma'amad Har Sinai. Afterward, we identified the next 'unit' of
mitzvot - which we referred to as the 'ko tomar' unit, beginning in
20:19, and continuing until the end of chapter 23 (which comprises
most of Parshat Mishpatim). Later on in Chumash we will find many
additional 'units' of mitzvot, embedded within its various narratives.
Because Chumash presents its mitzvot in 'units', we would certainly
expect that the first 'unit', i.e. the one that follows the Ten
Commandments, to be special. In our shiur, we undertake an analysis
of the internal structure of this "ko tomar" unit, in an attempt to
understand why specifically these mitzvot are recorded at this point,
and in this manner.
SUB-DIVIDING THE UNIT
At first glance, these three chapters appear to contain simply a
random set of laws, from all types of categories - as it jumps back
and forth from "bein adam la'makom" [laws between man & God] to "bein
adam l'chaveiro" [laws between man and his fellow man (or society)].
On the other hand, there does seem to be some very logical internal
structure within certain groups of these laws, such as the civil laws
in chapter 21.
To help make sense out of the overall structure of this unit, we
begin by noting how the laws that both open and close this unit fall
under the category of "bein adam la'makom".
Let's explain.
Recall how this "ko tomar" unit began (at the end of Parshat Yitro)
with four psukim that discuss various laws concerning idol worship and
building a mizbeiach [altar] (see 20:20-23). Clearly, this short
'parshia' deals with laws between man & God, and more specifically -
how to worship (or not worship) Him.
Similarly, at the end of this unit, we find another set of laws that
are "bein adam la'makom" - explaining how we are expected to worship
God on the three pilgrimage agricultural holidays (the "shalosh
regalim" / see 23:13-19).
[We consider these psukim the last set of laws, for immediately
afterward (i.e. from 23:20 till the end of chapter 23) we find several
conditional promises that God makes concerning how He will help Bnei
Yisrael conquer the land, but the law section of this unit definitely
ends with 23:19. ]
In this manner, we find that this lengthy set of laws in Parshat
Mishpatim is enveloped by a matching set of laws (20:20-23 & 23:13-19)
that discuss how to properly worship God.
Inside this 'sandwich' we will find numerous laws (i.e. from 21:1
thru 23:12), however almost all of them will fall under the category
of "bein adam la'chaveiro" - between man and his fellow man (or
society).
The following table summarizes this very basic sub-division of this
"ko tomar" unit, which will set the framework for our next discussion:
PSUKIM TOPIC
20:19-20:23 How to worship God via the 'mizbeiach'
21:01-23:12 A misc. assortment of civil laws
23:13-23:19 Worshiping God on the 3 pilgrimage holidays
23:20-23:33 --- God's promises re: entering the land
With this in mind, lets examine the internal structure of the "bein
adam la'chaveiro" laws, that begin with the Mishpatim in 23:1 thru
23:12. As we will now show, this 'middle section' of civil laws will
divide very neatly into two basic categories.
1) Case laws - that go before the "bet-din" [a Jewish court]
2) Absolute laws - that guide the behavior of the individual
THE MISHPATIM - CASE LAWS
Parshat Mishpatim begins with the laws of a Hebrew slave (see
21:2-11) and are followed by numerous 'case-type' civil laws dealing
primarily with damages ["nezikin'"] that continue thru the middle of
chapter 22. Their presentation develops in an organized, structured
manner, progressing as follows:
21:12-27 - a person killing or injuring another [assault]
21:28-32 - a person's property killing or injuring another person
21:33-36 - a person's property damaging property of others
21:37-22:3 - a person stealing from another
22:4-5 - property damage to others caused by grazing or fire
22:6-14 - responsibility of "shomrim" watching property of others
22:15-16 - financial responsibility for a 'seducer'
Note how these various cases range from capital offense to
accidental property damage.
THE 'KEY' WORD
As you most probably noticed, the 'key word' in this section is 'ki'
[pun intended], which implies if or when. Note how most of the
parshiot from 21:1 22:18 begin with the word 'ki' [or 'im' / if/ when]
and even when it is not written, it is implicit. In other words, each
of these 'mishpatim' begins with a certain case [if...] and is
followed by the ruling [then...]. For example:
If a man hits his servant then... (see 21:20);
If an ox gores a man... then the ox must be stoned (21:28).
Basically, this section contains numerous examples of 'case-law,'
upon which the Jewish court (bet din) arrives at its rulings. This is
the basic meaning of a "mishpat" - a case where two people come to
court - one person claiming damages from another - and the shofet
(judge) must render a decision.
In fact, these cases can only be judged by a court, and not by a
private individual.
[As you review these cases, note how most of them fall under the
category of "choshen mishpat" in the shulchan aruch.]
As our above table shows, this section of 'case-laws' (beginning with
the word "ki") continues all the way until 22:16; after which we find
an interesting transition. Note, that beginning with 22:17, we find
three laws, written in a more imperative form, that do not begin with
a specific 'case':
"A sorceress shall not be left alive. Anyone lying with an animal
shall be killed, and one who sacrifices to [other] gods shall be
excommunicated..." (see 22:17-19).
These laws don't begin with the word 'ki' for a very simple reason
- there is no plaintiff coming to court to press charges! In all the
cases until this point, the process of 'mishpat' is usually initiated
because the plaintiff comes before the court. In these three cases,
it is the court's responsibility to initiate the process (see Rashi &
Rashbam & Ramban on 22:17!), i.e. to find the sorceress, or the person
'lying with the animal', etc. Therefore, even though these laws are
presented in the 'imperative' format, they remain the responsibility
of "bet-din".
These three cases are also quite different from the case-laws
above, for they also fall under the category of "bein adam la'makom"
[between God & man].
Most significant is the third instruction - "zoveyach la'elokim
yo'cho'ram - bilti l'Hashem l'vado" - one who sacrifices to [other]
gods shall be excommunicated..." - where once again we find a law
concerning 'how to (or not to) worship God' - just as we find in the
opening and closing sections that envelope these civil laws.
In this sense, these three laws will serve as a 'buffer' that
leads us to the next category, where the laws will continue in the
'imperative' format, however, they will leave the realm of "bet-din"
and enter the realm of ethical behavior. Let's explain:
THE ETHICAL LAWS
Note the abrupt change of format that takes place in the next law:
"You shall not wrong a stranger or oppress him, for you yourselves
were strangers in the land of Egypt" (22:20).
Not only is this law written in the imperative format, it contains no
punishment by "bet-din". Instead, it includes an incentive for why
every Jew should keep this law - for we ourselves were also once
strangers in the land of Egypt!
Note as well how this imperative format continues all the way until
23:10. In contrast to what we have found thus far, we now find a
collection of imperative-style laws [i.e. do... or don't...], which
appear to be beyond the realm of enforcement by bet-din. This section
focuses on laws of individual behavior that serve as guidelines that
will shape the type of society which God hopes to create within His
special nation.
Towards the conclusion of this 'ethical' unit, we find a pasuk that
seems to simply repeat the same verse that opened this unit:
"You shall not oppress a stranger, whereas you know the feelings of a
stranger, for you yourselves were once strangers in the land of Egypt"
(see 23:9).
[and compare it to the opening statement of this unit: "You shall not
wrong a stranger or oppress him, for you were strangers in the land of
Egypt" (see 22:20).
As your review the numerous laws that are 'enveloped' by these two
'matching' psukim, note how they are all written in the imperative
form, and share a common theme of living by a higher ethical standard.
To prove this assertion, let's study the progression of topic from
22:20 thru 23:9:
* "You shall not mistreat any widow or orphan. If you do mistreat
them, I will heed their outcry...."
* "When you lend money... if you take his garment as a pledge, you
must return it by sunset... for if you don't, when he calls out to me,
surely, I will hear his cry..." (see 22:20-26).
In contrast to the previous section (see 20:12 thru 22:16), where the
court enforced the punishment - this section begins with a set of laws
where God Himself threatens to enact punishment! As the court system
cannot 'force' every member of society to treat the poor and needy
with kindness, God Himself promises to 'intervene' should the 'less
privileged' be mistreated.
Furthermore, it is specifically the stranger, the orphan, and widow
who would least likely know how to take their case to court. As it is
so easy to take advantage of these lower social classes, God Himself
will punish those who take advantage.
BEING A 'GOOD CITIZEN'
The next four psukim (22:27-30) form a 'parshia', and at first glance
appear to fall under the category of 'bein adam la'makom". However,
in their context, it is also possible to understand them as laws
dealing with the behavior of the individual within society, or stated
more simply - being a good citizen. Let's explain how.
"Do not curse Elokim [either God or a judge / see 22:7]:, nor curse a
leader of your people" (see 22:27).
This instruction 'not to curse your leaders' can be understood as
a nice way of saying - respect your leadership. It would be difficult
to develop a just society, should the people consistently curse and
show no respect for their judges and political leaders.
The next law - "Do not delay to bring of the fullness of thy
harvest, and the outflow of thy presses" (see 22:28) - could also
fall under this category, as it refers to the obligation of every
individual to tithe his produce. As this tithe is used to cover the
salaries of civil servants (for example see Bamidbar 18:21 re: the
salary of the Levi'im), this law could be paraphrased as a demand that
everyone must 'pay their taxes' - and on time; yet another example of
'good citizenship'.
Similarly, the next law:
"Your shall give Me your first-born sons. Likewise, [the first born]
of your oxen & sheep..." (see 22:28-29) - was first given when Bnei
Yisrael left Egypt (see Shmot 13:1-2,11-14).
Obviously, this commandment does not imply that we actually
sacrifice our first born children; but rather it relates to the
obligation of each family to dedicate their first-born son to the
service of God. The purpose of this law was to assure that there
would be an 'educator' (or 'civil servant') in each family - to teach
the laws of the Torah.
Even though this 'family responsibility' was later transferred to
the entire tribe of Levi (after chet ha-egel / see Devarim 10:8-9); at
the time when the laws of Parshat Mishpatim were given - this was
supposed to be the job of the first-born son. Similarly, the value of
the 'first born' animals would also be dedicated to the Temple
treasury (or to feed the workers).
If this understanding is correct, then this command serves as a
reminder to each family to fulfill its responsibility to provide its
share of 'civil servants' to officiate in the Mishkan and to serve as
judges and educators (see Devarim 33:10).
[Re: viewing the first-born animals as a tax to compensate those civil
servants - see Bamidbar 18:15-20!]
ACTING LIKE A 'MENSCH'
In the final pasuk of this 'parshia' we find a very general
commandment to be not only a good citizen, but also to act like a
'mensch':
"And you shall be holy men unto Me; [an example] should you find the
flesh that is torn of beasts in the field - do not eat it -feed it
instead to the dogs" (22:30).
Even though the opening statement - to be holy men- is quite vague;
the fuller meaning of this commandment is detailed in Parshat Kedoshim
(see Vayikra chapter19). A quick glance of that chapter immediately
points once again to the need to act in an ethical manner in all walks
of life. [Note the numerous parallels between Vayikra chapter 19 and
Shmot 22:20-33:10!]
The commandment 'not to eat the flesh of a torn animal' can be
understood as an application of how to 'be holy', implying to act like
a 'mensch', and not like gluten who would devour (like a dog) the meat
of animal found dead in field.
In summary, we claim that this short section focuses on the need to
be a 'good citizen', consonant with the general theme of ethical
behavior - and incumbent upon a member of a society who claims to be
representing God.
A HIGHER ETHIC
In chapter 23, this unit 'progresses' one step further, with several
mitzvot that emphasize an even higher level of moral and ethical
behavior.
The first three psukim discuss laws to ensure that the judicial
system will not be misused - For example, not to plot false witness;
to follow majority rule; and not to 'play favorites' in judgment (see
23:1-3).
[These laws could also be viewed as guidelines for the 'judges' who
decide the laws in the first section, i.e. the civil 'case-laws' in
21:12-22:16.]
Next, we find two interesting laws that reflect the highest level
of ethical behavior, which worded in a special manner.
* Returning a lost animal, even that of your enemy, to its owner
('hashavat aveida') (see 23:4);
* Helping your neighbor's animal (again, even your enemy) with its
load ('azov ta'azov imo') (see 23:5);
The Torah does not simply command us to return a lost item, it
describes an extreme case, where one must go out of his way to be
'extra nice' to a person whom he despises. What may be considered
'exemplary behavior' in a regular society - becomes required behavior
for a nation who represents God.
Finally, this special section concludes with the famous dictum
"mi-dvar sheker tirchak" - keeping one's distance from any form of
dishonesty (see 23:7), followed by a warning not to take bribes -
've-shochad lo tikach' - (see 23:8).
As mentioned earlier, this section, describing the mitzvot of a
higher ethical standard, closes with the verse "ve-ger lo tilchatz..."
(see 23:9) - almost identical to its opening statement (see 22:20).
Despite the difficulty of their slavery in Egypt, Bnei Yisrael are
expected to learn from that experience and create a society that shows
extra sensitivity to the needs of the less fortunate. Specifically
the Jewish nation - because we were once slaves - are commanded to
learn from that experience, in order to become even more sensitive to
the needs of others!
SHABBAT & THE HOLIDAYS
As we explained earlier, this 'ethical' section is followed by yet
another set of mitzvot (see 23:10-19), which appears to focus on
'mitzvot bein adam la-Makom'. It includes the following mitzvot:
'Shmitta' - leaving the fields fallow every seven years;
'Shabbat' - resting one day out of every seven days;
'Shalosh regalim' - the three agricultural holidays:
'chag ha-matzot' - seven days eating matza
'chag ha-katzir' - wheat harvest (seven weeks later)
'chag ha-asif' - produce harvest (seven days).
(23:10-19)
Nonetheless, it should be noted how the laws of shmitta and shabbat
are actually presented from the perspective of 'bein adam le-chavero'.
The 'shmitta' cycle provides extra food for the poor and needy (see
23:11), while 'shabbat' provides a day of rest for the 'bondsman and
stranger' (see 23:12). In this sense, these two laws form a beautiful
transition from "bein adam la'chaveiro" section to the concluding
"bein adam la'makom" section that 'closes' this entire unit.
At this point, we find a short summary pasuk that introduces the last
section describing the pilgrimage 'holidays' (see 23:13-19). These
'shalosh regalim' are described as three times during the year when
the entire nation gathers together 'in front of God' (i.e. at the Bet
Ha-Mikdash) to thank Him for their harvest.
[One could suggest that this mitzvah of 'aliya la-regel' also
influences the social development of the nation, for it provides the
poor and needy with an opportunity to celebrate together with the more
fortunate (see Devarim 16:11,14-16.) ]
A 'DOUBLE' SANDWICH - TZEDAKA & MISHPAT
Let's return now to note the beautiful structure of this entire unit
by studying the following table, where a * denotes laws "bein adam
la'makom" and a # denotes laws "bein adam la'chaveiro".
To clarify this layered nature of this internal structure, in the
following table we compare it to a 'sandwich' with two layers of
'meat', enveloped by 'bread',
* TOP - Laws re: idol worship and the 'mizbeiach' (20:19-20:23)
[i.e. how to worship God]
LAYER 1 - # The civil laws - 'case' laws for "bet-din" (21:1-22:16)
- i.e. laws that relate to MISHPAT - judgement
* BUFFER - short set of laws "bein adam la'makom" (22:17-19)
LAYER 2 - # The ethical laws -individual behavior (22:20-23:12) -
i.e. laws that relate to TZEDAKA - righteousness
* BOTTOM - Laws of the three pilgrimage holidays (23:13-19)
[again, how to properly worship God]
In other words, the few mitzvot that relate to how we are supposed to
worship God (*) 'envelope' the numerous mitzvot that explain how God
expects that we act (#). However, those mitzvot that govern our
behavior also divide into two distinct groups. The first group (or
layer) focuses on laws of justice that must be enforced by the court
system - i.e. MISHPAT; while the second group focuses on ethical
behavior - i.e. TZEDKA or righteous behavior.
BACK TO AVRAHAM AVINU!
If your remember our shiurim on Sefer Breishit, this double layered
structure - highlighting elements of both TZEDAKA & MISHPAT - should
not surprise us. After all, God had chosen Avraham Avinu for this
very purpose:
"For Avraham shall surely become a great and mighty nation, and a
blessing for all the nations of the earth. For I have known him IN
ORDER that he may command his children and his household after him,
that they may keep the way of God to do TZEDAKA & MISHPAT
[righteousness and justice]..." (see Breishit 18:18-19, compare
Breishit 12:1-3)
Now that Avraham Avinu's offspring have finally become a nation, and
now prepare to enter the land - they enter a covenant at Har Sinai.
Therefore, the very first set of detailed laws received at Sinai focus
on how the nation of Israel is expected to keep and apply the values
of "tzedaka & mishpat" - in order that this nation can accomplish its
divine destiny.
AN EDUCATIONAL PROGRESSION
Before we conclude, we should note yet another sequence that takes
place within these various subsections of laws. As you review these
various sections, note how they follow a very meaningful educational
progression:
I. THE FEAR OF MAN
The first section (21:1 22:19) contains civil laws regarding
compensatory obligations, common to any civilized society (not unique
to Am Yisrael). These case-type laws are enforced by bet-din. The
fear of punishment by the courts ensures the compliance of the
citizenry.
II. THE FEAR OF GOD
The next section (22:20 26) contains imperatives related to ethical
behavior, emphasizing specifically consideration for the less
fortunate members of society. Given the difficulty of enforcing this
standard by the bet-din, God Himself assumes the responsibility of
punishing violators in this regard.
III. LOVE FOR ONE'S FELLOW MAN
The final section of imperative civil laws (23:1 9) contains mitzvot
relating to an even higher moral and ethical standard. In this
section, the Torah does not mention any punishment. These mitzvot are
preceded by the pasuk "ve-anshei kodesh tihiyun li" (22:30) and
reflect the behavior of a "mamlechet kohanim ve-goy kadosh" (see
19:5-6). When the civil behavior of God's special nation is motivated
not only by the fear of punishment, but also by a high ethical
standard and a sense of subservience to God, the nation truly becomes
a 'goy kadosh' - the purpose of Matan Torah (see 19:5-6!).
IV. THE LOVE OF GOD
After creating an ethical society, the nation is worthy of a special
relationship with God, as reflected in the laws of shabbat, shmitta,
and 'aliya la-regel' - 'being seen by God' on the three pilgrimage
holidays (see 23:10-17).
This progression highlights the fact that a high standard of ethical
behavior (II & III) alone does not suffice. A society must first
anchor itself by assuring justice by establishing a court system that
will enforce these most basic civil laws (I). Once this standard has
been established, society can then strive to achieve a higher ethical
level (II & III). Then, man is worthy to encounter and 'visit' God
(IV).
ONE LAST PROMISE
Even though the 'mishpatim' and mitzvot end in 23:19, this lengthy
section (that began back with 'ko tomar...' in 20:19) contains one
last section - 23:20->33 - which appears as more of a promise than a
set of laws. God tells Moshe to tell Bnei Yisrael that:
"Behold, I am sending a mal'ach before you, to guide you and bring you
to ... (the Promised Land). ... for if you obey him [God's 'mal'ach']
and do all that I say, I will be an enemy to your enemies and a foe to
your foes. For My mal'ach will lead you and bring you to [the land
of] the Amorites, Hittites, etc." (23:20-23). [See also 23:27-31!]
This conclusion points to the purpose of the entire unit. By
accepting these laws, Bnei Yisrael will shape their character as God's
special nation. Hence, if they obey these rules, then God will assist
them in the conquest of the Land.
Considering that Bnei Yisrael are on their way to conquer and inherit
the Land, this section (23:20-33) forms an appropriate conclusion for
this entire unit. Should they follow these laws, He will help them
conquer that land, where these laws will help facilitate their
becoming God's special nation.
BACK TO BRIT SINAI
This interpretation can provide us with a beautiful explanation for
why Bnei Yisrael receive specifically this set of mitzvot immediately
after the Ten Commandments.
Recall God's original proposal to Bnei Yisrael before Ma'amad Har
Sinai - "should they obey Me and keep My covenant... then they will
become a - mamlechet kohanim ve-goy kadosh" (see Shmot 19:5-6).
After the people accept this proposal (see 19:8), they receive the Ten
Commandments, followed by the laws of the "ko tomar" unit.
This can explain why Bnei Yisrael receive specifically these laws
(of the "ko tomar unit") at this time. As these laws will govern the
ethical behavior of every individual in Am Yisrael and build the moral
fabric of its society, they become the 'recipe' that will transform
this nation into a "mamlechet kohanim ve-goy kadosh".
Furthermore, they emphasize how laws that focus on our special
relationship with God, especially in relation to how we worship him -
such as the laws of the holidays, are only meaningful when rooted in a
society that acts in an exemplary fashion.
Because these guidelines for individual behavior are 'enveloped'
by details of how to properly worship God, we can essentially conclude
that this entire unit discusses how the nation of Israel is expected
to worship God - for the manner by which we treat our fellow man
stands at the center of our relationship with God.
shabbat shalom,
menachem
=================
FOR FURTHER IYUN
A. NISHMA VE-NA'ASEH!
Based on this interpretation, we can suggest a very simple
explanation for why Bnei Yisrael declare 'na'aseh ve-nishma' at the
ceremony at Har Sinai (as see 24:7). [According to Ramban's approach
that we keep 24:1-11 in its chronological order.]
If indeed sefer ha-brit includes the unit from 20:19-23:33, then
God's promise to help Bnei Yisrael conquer the land should they listen
to Him (23:20-23:23) forms the most basic statement of this covenant:
"Ki im shamo'a tishma be-kolo, ve-a'sita kol asher adaber - For if you
listen to what He [the mal'ach] says, and do whatever I will speak...
then I will help you defeat your enemies..." (see 23:21-22).
One could suggest that it is in response to this phrase that Bnei
Yisrael declare:
na'aseh - in response to: ve-asita kol asher adaber;
ve-nishma - in response to: im shamo'a tishma be-kolo.
[Carefully read the middle section of Ramban's peirush to 24:3 where
he alludes to this interpretation.
[Note that even according to Rashi's interpretation that sefer ha-brit
in 24:7 includes the laws at Mara, the final words of God's charge at
Mara (see 15:26) could provide the background for a similar
explanation. One could suggest that Bnei Yisrael respond by saying
na'aseh to ve-hayashar be-einav ta'aseh and nishma to "im shamo'a
tishma..."! Of course, this could also relate to God's proposal in
19:5-6. ]
B. Regarding to the order of NA'ASEH ve-NISHMA:
According to our explanation above, Bnei Yisrael should have said
this in the opposite order, i.e. nishma ve-na'aseh. Relate this to
Chazal's question in the Midrash - "lama hikdimu na'aseh le-nishma",
which applauds Bnei Yisrael for first accepting the laws which they
haven't yet heard. [Relate to "et asher adaber"!]
C. SOUND BYTES
Many of the mitzvot in Parshat Mishpatim from 22:26-23:19 could be
viewed as 'sound-bytes' for entire 'parshiot' that expound on these
mitzvot in Sefer Vayikra and Sefer Devarim.
1. Attempt to find examples, e.g. 23:10 to Vayikra 25:1-8; 23:14 to
Devarim 16:1-17.
2. Use this to explain the nature of Parshat Mishpatim.
3. How does this enhance our understanding of the ceremony in perek
24? Relate to 'sefer ha-brit'.
4. Based on the above shiur, explain why Chazal interpret the law of
"va-avodo le-olam" (21:6) - when an 'eved ivri' agrees to work
'forever' - as referring to the end of the seven cycles of shmitta,
i.e. the 'yovel' year - see Rashi 21:6 and Vayikra 25:8-11.
D. AVOT & TOLADOT
We mentioned in the shiur that the mitzvot in Mishpatim can be
understood as 'toladot' of the Ten Commandments. See Ibn Ezra's
observation of this point. See also Abravanel.
1. Attempt to find examples of dibrot V->X within the civil laws.
2. Explain why the laws concerning the mizbeiach should be considered
toladot of "lo tisa et shem Hashem Elokecha la-shav."
3. How does 'shem Hashem' relate to the concept of mizbeiach?
Relate to Breishit 12:8, 13:4, etc.
4. How does 23:20-22 relate to this same idea of 'shem Hashem'? -
see shiur below
THE 'TOLADOT' OF THE 'DIBROT' [a mini shiur]
In the following mini-shiur, we discuss once again the progression of
mitzvot in the "ko tomar" unit, but this time from a different
perspective.
Just as we have shown how these mitzvot follow an 'educational
progression,' we will now show how (and why) they follow ('more or
less') according to the order of the Ten Commandments.
Let's begin by showing how the opening section of mitzvot in this
unit (i.e. 20:19-23 / the 'bein adam la-Makom' mitzvot) can be viewed
as 'toladot' (sub-categories) of the first three Commandments:
*1. 20:19
"You have seen how I have spoken to you from heaven" - thus
emphasizing belief in God's hitgalut at Har Sinai. This could be
considered parallel to the first 'dibur' - "Anochi Hashem Elokecha
asher hotzeiticha..."
*2. 20:20
"Don't make [with] Me gods of gold and silver..." - This prohibition
of idol worship is obviously parallel to the second 'dibur': "lo
yihiyeh lecha..."
*3. 20:21-23
"An earthen mizbeiach you shall make for Me...." - Even though this
parallel is not as obvious, this commandment concerning how to build a
mizbeiach may be compared to the third 'dibur': "lo tisa et shem..." -
not to mention God's Name in vain. The parallel can be based on our
study of Sefer Breishit where we saw how the mizbeiach forms an avenue
by which Avraham declared God's Name to make it known to others. [See
Breishit 12:8 and 13:4 and Ramban on 12:8.]
As Parshat Mishpatim continues this "ko tomar" unit, we can continue
to find additional parallels to the remaining dibrot. Just as we
found 'toladot' of the first three 'dibrot', so do we find 'toladot'
of the fourth commandment - i.e. 'shabbat'. In fact, both the opening
and closing sections of the mitzvot relate to shabbat. The opening
mitzva, the law of a Hebrew servant (21:1-6), is based on the concept
of six years of 'work' followed by 'rest' (=freedom) in the seventh
year. The closing mitzvot of 'shmitta', shabbat, and 'aliya la-regel'
(23:10-19), are similarly based on a seven-day or seven-year cycle.
In between these two 'toladot' of shabbat, we find primarily 'mitzvot
bein adam le-chavero' (21:1->23:9), which can be considered 'toladot'
of the fifth through tenth Commandments.
The final section, describing God's promise to help Bnei Yisrael
conquer the land should they keep these mitzvot, continues this
pattern in descending order:
23:20-23 The mal'ach with "shmi be-kirbo" -> III. "lo tisa"
23:24 - Not to worship their idols -> II. - "avoda zara"
23:25 - Worshipping God and its reward... -> I. Anochi
This structure, by which the 'mitzvot bein adam la-Makom' that govern
our relationship with God (I->IV) serve as 'bookends' enclosing the
mishpatim [the civil laws and ethical standards regarding one's
relationship to fellow men (V-X)], underscores an important tenet of
Judaism. Unlike pagan religions, man's relationship with other people
constitutes an integral part of his unique relationship with God.
YITRO / MISHPATIM - A CHIASTIC STRUCTURE
The following table illustrates how this progression of the mitzvot
according to the dibrot helps form a chiastic structure, which
encompasses the entire unit from Shmot chapters 19->24.
Note the chiastic A-B-C-D-C-B-A structure that emerges:
A. Brit & the dibrot at Har Sinai (19:1-20:18)
| B. Mitzvot I, II, III (20:19-23) ['bein adam la-Makom']
| | C. Eved Ivri (IV) [21:1-> 'bein adam le-chavero']
| | | D. Misc. civil laws (V-X) / causative & imperative
| | C. Shmitta, shabbat, regalim (IV)
| B. Mitzvot - III, II, I (23:20-33) ["bein adam la'makom"]
A. The 'Brit' of 'na'aseh ve-nishma' at Har Sinai and Moshe's
ascent to receive the 'luchot' containing the 'dibrot'.
A chiastic structure (common in Chumash) usually points to a common
theme and purpose of its contents. In our case, that theme is clearly
'Ma'amad Har Sinai'. This unit of 'Ma'amad Har Sinai' (Shmot 19->24)
continues the theme of the first unit of Sefer Shmot (1->18), the
story of Yetziat Mitzrayim.
We conclude our shiur by relating this structure to the overall theme
of Sefer Shmot, as discussed by Ramban in his introduction to the
sefer.
As we explained, Yetziat Mitzrayim (our redemption from Egypt)
constituted the first stage in God's fulfillment of brit avot. Now,
at Ma'amad Har Sinai, Bnei Yisrael enter a second stage, as they
collectively accept God's covenant and receive the Torah (brit Sinai).
These laws, especially those of Parshat Mishpatim, will help form
their character as God's special nation - in order that they can
fulfill the final stage of 'brit Avot' - the inheritance of the
Promised Land and the establishment of that nation.
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