[Par-new] Parshat Mishpatim - shiur #1
Menachem Leibtag
tsc at bezeqint.net
Thu Feb 23 12:59:32 EST 2006
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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 #1
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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