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<DIV><FONT face=Arial
size=2>*************************************************************<BR>
THE TANACH STUDY CENTER [http://www.tanach.org]<BR> In Memory of
Rabbi Abraham Leibtag<BR> Shiurim in Chumash & Navi by Menachem
Leibtag<BR>*************************************************************</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>PARSHAT MISHPATIM - shiur #2<BR> <BR> A
SPECIAL UNIT / AN EDUCATIONAL PROGRESSION</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> What's better - Chumash or Shulchan
Aruch? <BR> The question really isn't fair, but anyone
who has studied both books realizes how different they are.
<BR> 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.<BR>
<BR>INTRODUCTION<BR> 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.<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>SUB-DIVIDING THE UNIT<BR> 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. <BR> 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".<BR>
Let's explain.<BR> 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.<BR> 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). <BR>[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. ]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> The following table summarizes this very
basic sub-division of this "ko tomar" unit, which will set the framework for our
next discussion:</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial
size=2>PSUKIM TOPIC<BR>20:19-20:23 How to worship
God via the 'mizbeiach'<BR>21:01-23:12 A misc. assortment of
civil laws<BR>23:13-23:19 Worshiping God on the 3 pilgrimage
holidays<BR>23:20-23:33 --- God's promises re: entering the
land</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 1) Case laws -
that go before the "bet-din" [a Jewish court]<BR> 2) Absolute laws - that
guide the behavior of the individual</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE MISHPATIM - CASE LAWS<BR>
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:<BR>21:12-27 - a person killing or injuring another
[assault]<BR>21:28-32 - a person's property killing or injuring another person
<BR>21:33-36 - a person's property damaging property of others<BR>21:37-22:3 - a
person stealing from another<BR>22:4-5 - property
damage to others caused by grazing or fire<BR>22:6-14 - responsibility of
"shomrim" watching property of others<BR>22:15-16 - financial
responsibility for a 'seducer'</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Note how these various cases
range from capital offense to accidental property damage.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE 'KEY' WORD<BR> 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:<BR> If a man hits
his servant then... (see 21:20);<BR> If an ox gores a man... then the ox
must be stoned (21:28).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR>In fact, these cases can only be judged by a
court, and not by a private individual.<BR>[As you review these cases, note how
most of them fall under the category of "choshen mishpat" in the shulchan
aruch.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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':<BR>"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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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".<BR> 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]. <BR> 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.<BR> 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:<BR> <BR>THE ETHICAL LAWS<BR> Note the abrupt
change of format that takes place in the next law: <BR>"You shall not wrong a
stranger or oppress him, for you yourselves were strangers in the land of Egypt"
(22:20).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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!<BR> 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.<BR> Towards the conclusion of this 'ethical' unit, we
find a pasuk that seems to simply repeat the same verse that opened this unit:
<BR>"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).<BR>[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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> To prove this assertion, let's study the
progression of topic from 22:20 thru 23:9:<BR>* "You shall not mistreat any
widow or orphan. If you do mistreat them, I will heed their
outcry...."<BR>* "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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>BEING A 'GOOD CITIZEN'<BR> 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.<BR>"Do not curse Elokim [either God or a judge / see 22:7]:, nor
curse a leader of your people" (see 22:27).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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. <BR> 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'.<BR> Similarly, the next law:<BR>"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). </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 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). <BR> 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). <BR>[Re:
viewing the first-born animals as a tax to compensate those civil servants
- see Bamidbar 18:15-20!]<BR> <BR>ACTING LIKE A
'MENSCH'<BR> 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':<BR>"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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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!]<BR> 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. <BR> 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. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>A HIGHER ETHIC<BR> In chapter 23, this unit
'progresses' one step further, with several mitzvot that emphasize an even
higher level of moral and ethical behavior. <BR> 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). <BR>[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.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Next, we find two interesting
laws that reflect the highest level of ethical behavior, which worded in a
special manner. <BR>* Returning a lost animal, even that of your
enemy, to its owner ('hashavat aveida') (see 23:4);<BR>* Helping your
neighbor's animal (again, even your enemy) with its load ('azov ta'azov imo')
(see 23:5); </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 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).<BR> 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).<BR>
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!<BR> <BR>SHABBAT &
THE HOLIDAYS<BR> 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:<BR> 'Shmitta' - leaving the fields fallow every seven
years;<BR> 'Shabbat' - resting one day out of every seven
days;<BR> 'Shalosh regalim' - the three agricultural holidays:<BR>
'chag ha-matzot' - seven days eating matza<BR> 'chag
ha-katzir' - wheat harvest (seven weeks later)<BR> 'chag ha-asif' -
produce harvest (seven
days).<BR> (23:10-19)</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 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. <BR>[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.) ]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>A 'DOUBLE' SANDWICH - TZEDAKA &
MISHPAT<BR> 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".<BR> 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', </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>* TOP - Laws re: idol worship and the
'mizbeiach' (20:19-20:23)<BR> [i.e. how to worship
God]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>LAYER 1 - # The civil laws - 'case' laws for
"bet-din" (21:1-22:16)<BR> - i.e. laws that relate
to MISHPAT - judgement</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>* BUFFER - short set of laws "bein adam la'makom"
(22:17-19)</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>LAYER 2 - # The ethical laws -individual behavior
(22:20-23:12) - i.e. laws that relate to TZEDAKA -
righteousness</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>* BOTTOM - Laws of the three pilgrimage holidays
(23:13-19)<BR> [again, how to properly worship God]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>BACK TO AVRAHAM AVINU!<BR> 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:<BR>"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)</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>AN EDUCATIONAL PROGRESSION<BR> 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:</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>I. THE FEAR OF MAN <BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>II. THE FEAR OF GOD<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>III. LOVE FOR ONE'S FELLOW MAN<BR> 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!).<BR> <BR>IV. THE LOVE OF GOD<BR> 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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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).</FONT></DIV>
<DIV> </DIV><FONT face=Arial size=2>
<DIV><BR>ONE LAST PROMISE<BR> 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:<BR>"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!]</DIV>
<DIV> </DIV>
<DIV> 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.<BR> 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. </DIV>
<DIV> </DIV>
<DIV>BACK TO BRIT SINAI<BR> This interpretation can provide us with a
beautiful explanation for why Bnei Yisrael receive specifically this set of
mitzvot immediately after the Ten Commandments. <BR> 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. </DIV>
<DIV> </DIV>
<DIV> 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". <BR>
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.<BR> 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.
<BR> shabbat
shalom,<BR> menachem</DIV>
<DIV> </DIV>
<DIV>=================<BR>FOR FURTHER IYUN</DIV>
<DIV> </DIV>
<DIV>A. NISHMA VE-NA'ASEH!<BR> 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.]<BR> 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:<BR>"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).<BR>One could suggest that it is in response to
this phrase that Bnei Yisrael declare:<BR> na'aseh - in response to:
ve-asita kol asher adaber;<BR> ve-nishma - in response to: im shamo'a
tishma be-kolo.<BR>[Carefully read the middle section of Ramban's peirush to
24:3 where he alludes to this interpretation. </DIV>
<DIV> </DIV>
<DIV>[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. ]</DIV>
<DIV> </DIV>
<DIV>B. Regarding to the order of NA'ASEH ve-NISHMA:<BR> 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"!] </DIV>
<DIV> </DIV>
<DIV>C. SOUND BYTES<BR> 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.<BR>1. Attempt to find
examples, e.g. 23:10 to Vayikra 25:1-8; 23:14 to Devarim 16:1-17.<BR>2.
Use this to explain the nature of Parshat Mishpatim.<BR>3. How does this
enhance our understanding of the ceremony in perek 24? Relate to 'sefer
ha-brit'.<BR>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. </DIV>
<DIV> </DIV>
<DIV>D. AVOT & TOLADOT<BR> 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.<BR>1. Attempt to find examples of dibrot V->X within the
civil laws.<BR>2. Explain why the laws concerning the mizbeiach should be
considered toladot of "lo tisa et shem Hashem Elokecha la-shav."<BR>3. How
does 'shem Hashem' relate to the concept of mizbeiach?<BR> Relate to
Breishit 12:8, 13:4, etc.<BR>4. How does 23:20-22 relate to this same idea
of 'shem Hashem'? - see shiur below</DIV>
<DIV> </DIV>
<DIV><BR>THE 'TOLADOT' OF THE 'DIBROT' [a mini shiur]<BR> 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. <BR> 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. <BR> 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:<BR> *1. 20:19 <BR>"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..."<BR> *2. 20:20 <BR>"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..."<BR> *3. 20:21-23<BR>"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.]
</DIV>
<DIV> </DIV>
<DIV> 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. <BR> 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.<BR> 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:<BR> 23:20-23 The mal'ach with "shmi be-kirbo" ->
III. "lo tisa"<BR> 23:24 - Not to worship their idols -> II. - "avoda
zara"<BR> 23:25 - Worshipping God and its reward... -> I. Anochi</DIV>
<DIV> </DIV>
<DIV> 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. </DIV>
<DIV> </DIV>
<DIV>YITRO / MISHPATIM - A CHIASTIC STRUCTURE<BR> 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.<BR> Note the chiastic A-B-C-D-C-B-A structure that
emerges:<BR>A. Brit & the dibrot at Har Sinai
(19:1-20:18)<BR>| B. Mitzvot I, II, III (20:19-23) ['bein adam
la-Makom']<BR>| | C. Eved Ivri (IV) [21:1-> 'bein adam
le-chavero']<BR>| | | D. Misc. civil laws (V-X) / causative &
imperative<BR>| | C. Shmitta, shabbat, regalim (IV)<BR>| B.
Mitzvot - III, II, I (23:20-33) ["bein adam la'makom"]<BR>A.
The 'Brit' of 'na'aseh ve-nishma' at Har Sinai and Moshe's<BR> ascent to
receive the 'luchot' containing the 'dibrot'.</DIV>
<DIV> </DIV>
<DIV> 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.<BR> 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.<BR> 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.</DIV>
<DIV> </DIV>
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