[Par-lite] Mishpatim - shiur #2
Menachem Leibtag
tsc at bezeqint.net
Wed Jan 30 04:36:46 EST 2008
********************************************************
*****
THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
********************************************************
*****
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.
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.516 / Virus Database: 269.19.15/1249 -
Release Date: 1/29/2008 9:51 AM
-------------- next part --------------
A non-text attachment was scrubbed...
Name: mish2.pdf
Type: application/pdf
Size: 57734 bytes
Desc: not available
Url : http://www.atlchai.org/pipermail/par-lite/attachments/20080130/967bc21f/attachment-0001.pdf
More information about the Par-lite
mailing list