[Par-reg] Parshat Mishpatim - shiur
Menachem Leibtag
tsc at bezeqint.net
Wed Feb 10 08:55:55 EST 2010
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THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
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PARSHAT MISHPATIM - shiur #2
A SPECIAL UNIT / AN EDUCATIONAL PROGRESSION
What's better - Chumash or Shulchan Aruch?
The question really isn't fair, but anyone who has
studied both books realizes how different they are.
As Parshat Mishpatim contains a set of laws that
sounds a bit like Shulchan Aruch [the Jewish Code of Law],
this week's shiur will analyze their progression, to show
how the Torah delivers its message through the manner of
their presentation.
INTRODUCTION
In last week's shiur, we began our discussion of how
the laws in Chumash are presented in groups (or 'units').
For example, in Parshat Yitro, we saw how the first 'ten'
Commandments were given as part of Ma'amad Har Sinai.
Afterward, we identified the next 'unit' of mitzvot -
which we referred to as the 'ko tomar' unit, beginning in
20:19, and continuing until the end of chapter 23 (which
comprises most of Parshat Mishpatim). Later on in Chumash
we will find many additional 'units' of mitzvot, embedded
within its various narratives.
Because Chumash presents its mitzvot in 'units',
we would certainly expect that the first 'unit', i.e. the
one that follows the Ten Commandments, to be special. In
our shiur, we undertake an analysis of the internal
structure of this "ko tomar" unit, in an attempt to
understand why specifically these mitzvot are recorded at
this point, and in this manner.
SUB-DIVIDING THE UNIT
At first glance, these three chapters appear to
contain simply a random set of laws, from all types of
categories - as it jumps back and forth from "bein adam
la'makom" [laws between man & God] to "bein adam
l'chaveiro" [laws between man and his fellow man (or
society)]. On the other hand, there does seem to be some
very logical internal structure within certain groups of
these laws, such as the civil laws in chapter 21.
To help make sense out of the overall structure of
this unit, we begin by noting how the laws that both open
and close this unit fall under the category of "bein adam
la'makom".
Let's explain.
Recall how this "ko tomar" unit began (at the end
of Parshat Yitro) with four psukim that discuss various
laws concerning idol worship and building a mizbeiach
[altar] (see 20:20-23). Clearly, this short 'parshia'
deals with laws between man & God, and more specifically -
how to worship (or not worship) Him.
Similarly, at the end of this unit, we find
another set of laws that are "bein adam la'makom" -
explaining how we are expected to worship God on the three
pilgrimage agricultural holidays (the "shalosh regalim" /
see 23:13-19).
[We consider these psukim the last set of laws, for
immediately afterward (i.e. from 23:20 till the end of
chapter 23) we find several conditional promises that God
makes concerning how He will help Bnei Yisrael conquer the
land, but the law section of this unit definitely ends
with 23:19. ]
In this manner, we find that this lengthy set of
laws in Parshat Mishpatim is enveloped by a matching set
of laws (20:20-23 & 23:13-19) that discuss how to properly
worship God.
Inside this 'sandwich' we will find numerous laws
(i.e. from 21:1 thru 23:12), however almost all of them
will fall under the category of "bein adam la'chaveiro" -
between man and his fellow man (or society).
The following table summarizes this very basic
sub-division of this "ko tomar" unit, which will set the
framework for our next discussion:
PSUKIM TOPIC
20:19-20:23 How to worship God via the
'mizbeiach'
21:01-23:12 A misc. assortment of civil laws
23:13-23:19 Worshiping God on the 3 pilgrimage
holidays
23:20-23:33 --- God's promises re: entering
the land
With this in mind, lets examine the internal
structure of the "bein adam la'chaveiro" laws, that begin
with the Mishpatim in 23:1 thru 23:12. As we will now
show, this 'middle section' of civil laws will divide very
neatly into two basic categories.
1) Case laws - that go before the "bet-din" [a
Jewish court]
2) Absolute laws - that guide the behavior of the
individual
THE MISHPATIM - CASE LAWS
Parshat Mishpatim begins with the laws of a Hebrew
slave (see 21:2-11) and are followed by numerous
'case-type' civil laws dealing primarily with damages
["nezikin'"] that continue thru the middle of chapter 22.
Their presentation develops in an organized, structured
manner, progressing as follows:
21:12-27 - a person killing or injuring another [assault]
21:28-32 - a person's property killing or injuring another
person
21:33-36 - a person's property damaging property of others
21:37-22:3 - a person stealing from another
22:4-5 - property damage to others caused by grazing
or fire
22:6-14 - responsibility of "shomrim" watching property
of others
22:15-16 - financial responsibility for a 'seducer'
Note how these various cases range from capital
offense to accidental property damage.
THE 'KEY' WORD
As you most probably noticed, the 'key word' in
this section is 'ki' [pun intended], which implies if or
when. Note how most of the parshiot from 21:1 22:18 begin
with the word 'ki' [or 'im' / if/ when] and even when it
is not written, it is implicit. In other words, each of
these 'mishpatim' begins with a certain case [if...] and
is followed by the ruling [then...]. For example:
If a man hits his servant then... (see 21:20);
If an ox gores a man... then the ox must be stoned
(21:28).
Basically, this section contains numerous examples
of 'case-law,' upon which the Jewish court (bet din)
arrives at its rulings. This is the basic meaning of a
"mishpat" - a case where two people come to court - one
person claiming damages from another - and the shofet
(judge) must render a decision.
In fact, these cases can only be judged by a court, and
not by a private individual.
[As you review these cases, note how most of them fall
under the category of "choshen mishpat" in the shulchan
aruch.]
As our above table shows, this section of
'case-laws' (beginning with the word "ki") continues all
the way until 22:16; after which we find an interesting
transition. Note, that beginning with 22:17, we find
three laws, written in a more imperative form, that do not
begin with a specific 'case':
"A sorceress shall not be left alive. Anyone lying with
an animal shall be killed, and one who sacrifices to
[other] gods shall be excommunicated..." (see 22:17-19).
These laws don't begin with the word 'ki' for a very
simple reason - there is no plaintiff coming to court to
press charges! In all the cases until this point, the
process of 'mishpat' is usually initiated because the
plaintiff comes before the court. In these three cases,
it is the court's responsibility to initiate the process
(see Rashi & Rashbam & Ramban on 22:17!), i.e. to find the
sorceress, or the person 'lying with the animal', etc.
Therefore, even though these laws are presented in the
'imperative' format, they remain the responsibility of
"bet-din".
These three cases are also quite different from the
case-laws above, for they also fall under the category of
"bein adam la'makom" [between God & man].
Most significant is the third instruction - "zoveyach
la'elokim yo'cho'ram - bilti l'Hashem l'vado" - one who
sacrifices to [other] gods shall be excommunicated..." -
where once again we find a law concerning 'how to (or not
to) worship God' - just as we find in the opening and
closing sections that envelope these civil laws.
In this sense, these three laws will serve as a
'buffer' that leads us to the next category, where the
laws will continue in the 'imperative' format, however,
they will leave the realm of "bet-din" and enter the realm
of ethical behavior. Let's explain:
THE ETHICAL LAWS
Note the abrupt change of format that takes place
in the next law:
"You shall not wrong a stranger or oppress him, for you
yourselves were strangers in the land of Egypt" (22:20).
Not only is this law written in the imperative
format, it contains no punishment by "bet-din". Instead,
it includes an incentive for why every Jew should keep
this law - for we ourselves were also once strangers in
the land of Egypt!
Note as well how this imperative format continues
all the way until 23:10. In contrast to what we have
found thus far, we now find a collection of
imperative-style laws [i.e. do... or don't...], which
appear to be beyond the realm of enforcement by bet-din.
This section focuses on laws of individual behavior that
serve as guidelines that will shape the type of society
which God hopes to create within His special nation.
Towards the conclusion of this 'ethical' unit, we
find a pasuk that seems to simply repeat the same verse
that opened this unit:
"You shall not oppress a stranger, whereas you know the
feelings of a stranger, for you yourselves were once
strangers in the land of Egypt" (see 23:9).
[and compare it to the opening statement of this unit:
"You shall not wrong a stranger or oppress him, for you
were strangers in the land of Egypt" (see 22:20).
As your review the numerous laws that are 'enveloped'
by these two 'matching' psukim, note how they are all
written in the imperative form, and share a common theme
of living by a higher ethical standard.
To prove this assertion, let's study the progression
of topic from 22:20 thru 23:9:
* "You shall not mistreat any widow or orphan. If
you do mistreat them, I will heed their outcry...."
* "When you lend money... if you take his garment as
a pledge, you must return it by sunset... for if you
don't, when he calls out to me, surely, I will hear his
cry..." (see 22:20-26).
In contrast to the previous section (see 20:12
thru 22:16), where the court enforced the punishment -
this section begins with a set of laws where God Himself
threatens to enact punishment! As the court system cannot
'force' every member of society to treat the poor and
needy with kindness, God Himself promises to 'intervene'
should the 'less privileged' be mistreated.
Furthermore, it is specifically the stranger, the
orphan, and widow who would least likely know how to take
their case to court. As it is so easy to take advantage
of these lower social classes, God Himself will punish
those who take advantage.
BEING A 'GOOD CITIZEN'
The next four psukim (22:27-30) form a 'parshia',
and at first glance appear to fall under the category of
'bein adam la'makom". However, in their context, it is
also possible to understand them as laws dealing with the
behavior of the individual within society, or stated more
simply - being a good citizen. Let's explain how.
"Do not curse Elokim [either God or a judge / see 22:7]:,
nor curse a leader of your people" (see 22:27).
This instruction 'not to curse your leaders' can be
understood as a nice way of saying - respect your
leadership. It would be difficult to develop a just
society, should the people consistently curse and show no
respect for their judges and political leaders.
The next law - "Do not delay to bring of the fullness
of thy harvest, and the outflow of thy presses" (see
22:28) - could also fall under this category, as it refers
to the obligation of every individual to tithe his
produce. As this tithe is used to cover the salaries of
civil servants (for example see Bamidbar 18:21 re: the
salary of the Levi'im), this law could be paraphrased as a
demand that everyone must 'pay their taxes' - and on time;
yet another example of 'good citizenship'.
Similarly, the next law:
"Your shall give Me your first-born sons. Likewise, [the
first born] of your oxen & sheep..." (see 22:28-29) - was
first given when Bnei Yisrael left Egypt (see Shmot
13:1-2,11-14).
Obviously, this commandment does not imply that we
actually sacrifice our first born children; but rather it
relates to the obligation of each family to dedicate their
first-born son to the service of God. The purpose of this
law was to assure that there would be an 'educator' (or
'civil servant') in each family - to teach the laws of the
Torah.
Even though this 'family responsibility' was later
transferred to the entire tribe of Levi (after chet
ha-egel / see Devarim 10:8-9); at the time when the laws
of Parshat Mishpatim were given - this was supposed to be
the job of the first-born son. Similarly, the value of
the 'first born' animals would also be dedicated to the
Temple treasury (or to feed the workers).
If this understanding is correct, then this command
serves as a reminder to each family to fulfill its
responsibility to provide its share of 'civil servants' to
officiate in the Mishkan and to serve as judges and
educators (see Devarim 33:10).
[Re: viewing the first-born animals as a tax to compensate
those civil servants - see Bamidbar 18:15-20!]
ACTING LIKE A 'MENSCH'
In the final pasuk of this 'parshia' we find a very
general commandment to be not only a good citizen, but
also to act like a 'mensch':
"And you shall be holy men unto Me; [an example] should
you find the flesh that is torn of beasts in the field -
do not eat it -feed it instead to the dogs" (22:30).
Even though the opening statement - to be holy
men- is quite vague; the fuller meaning of this
commandment is detailed in Parshat Kedoshim (see Vayikra
chapter19). A quick glance of that chapter immediately
points once again to the need to act in an ethical manner
in all walks of life. [Note the numerous parallels
between Vayikra chapter 19 and Shmot 22:20-33:10!]
The commandment 'not to eat the flesh of a torn
animal' can be understood as an application of how to 'be
holy', implying to act like a 'mensch', and not like
gluten who would devour (like a dog) the meat of animal
found dead in field.
In summary, we claim that this short section
focuses on the need to be a 'good citizen', consonant with
the general theme of ethical behavior - and incumbent upon
a member of a society who claims to be representing God.
A HIGHER ETHIC
In chapter 23, this unit 'progresses' one step
further, with several mitzvot that emphasize an even
higher level of moral and ethical behavior.
The first three psukim discuss laws to ensure that the
judicial system will not be misused - For example, not to
plot false witness; to follow majority rule; and not to
'play favorites' in judgment (see 23:1-3).
[These laws could also be viewed as guidelines for the
'judges' who decide the laws in the first section,
i.e. the civil 'case-laws' in 21:12-22:16.]
Next, we find two interesting laws that reflect the
highest level of ethical behavior, which worded in a
special manner.
* Returning a lost animal, even that of your enemy,
to its owner ('hashavat aveida') (see 23:4);
* Helping your neighbor's animal (again, even your
enemy) with its load ('azov ta'azov imo') (see 23:5);
The Torah does not simply command us to return a lost
item, it describes an extreme case, where one must go out
of his way to be 'extra nice' to a person whom he
despises. What may be considered 'exemplary behavior' in
a regular society - becomes required behavior for a nation
who represents God.
Finally, this special section concludes with the
famous dictum "mi-dvar sheker tirchak" - keeping one's
distance from any form of dishonesty (see 23:7), followed
by a warning not to take bribes - 've-shochad lo tikach' -
(see 23:8).
As mentioned earlier, this section, describing the
mitzvot of a higher ethical standard, closes with the
verse "ve-ger lo tilchatz..." (see 23:9) - almost
identical to its opening statement (see 22:20).
Despite the difficulty of their slavery in Egypt, Bnei
Yisrael are expected to learn from that experience and
create a society that shows extra sensitivity to the needs
of the less fortunate. Specifically the Jewish nation -
because we were once slaves - are commanded to learn from
that experience, in order to become even more sensitive to
the needs of others!
SHABBAT & THE HOLIDAYS
As we explained earlier, this 'ethical' section is
followed by yet another set of mitzvot (see 23:10-19),
which appears to focus on 'mitzvot bein adam la-Makom'.
It includes the following mitzvot:
'Shmitta' - leaving the fields fallow every seven
years;
'Shabbat' - resting one day out of every seven
days;
'Shalosh regalim' - the three agricultural
holidays:
'chag ha-matzot' - seven days eating matza
'chag ha-katzir' - wheat harvest (seven
weeks later)
'chag ha-asif' - produce harvest (seven
days).
(23:10-19)
Nonetheless, it should be noted how the laws of
shmitta and shabbat are actually presented from the
perspective of 'bein adam le-chavero'. The 'shmitta'
cycle provides extra food for the poor and needy (see
23:11), while 'shabbat' provides a day of rest for the
'bondsman and stranger' (see 23:12). In this sense, these
two laws form a beautiful transition from "bein adam
la'chaveiro" section to the concluding "bein adam
la'makom" section that 'closes' this entire unit.
At this point, we find a short summary pasuk that
introduces the last section describing the pilgrimage
'holidays' (see 23:13-19). These 'shalosh regalim' are
described as three times during the year when the entire
nation gathers together 'in front of God' (i.e. at the Bet
Ha-Mikdash) to thank Him for their harvest.
[One could suggest that this mitzvah of 'aliya la-regel'
also influences the social development of the nation, for
it provides the poor and needy with an opportunity to
celebrate together with the more fortunate (see Devarim
16:11,14-16.) ]
A 'DOUBLE' SANDWICH - TZEDAKA & MISHPAT
Let's return now to note the beautiful structure
of this entire unit by studying the following table, where
a * denotes laws "bein adam la'makom" and a # denotes laws
"bein adam la'chaveiro".
To clarify this layered nature of this internal
structure, in the following table we compare it to a
'sandwich' with two layers of 'meat', enveloped by
'bread',
* TOP - Laws re: idol worship and the 'mizbeiach'
(20:19-20:23)
[i.e. how to worship God]
LAYER 1 - # The civil laws - 'case' laws for "bet-din"
(21:1-22:16)
- i.e. laws that relate to
MISHPAT - judgement
* BUFFER - short set of laws "bein adam la'makom"
(22:17-19)
LAYER 2 - # The ethical laws -individual behavior
(22:20-23:12) - i.e. laws that relate to
TZEDAKA - righteousness
* BOTTOM - Laws of the three pilgrimage holidays
(23:13-19)
[again, how to properly worship God]
In other words, the few mitzvot that relate to how
we are supposed to worship God (*) 'envelope' the numerous
mitzvot that explain how God expects that we act (#).
However, those mitzvot that govern our behavior also
divide into two distinct groups. The first group (or
layer) focuses on laws of justice that must be enforced by
the court system - i.e. MISHPAT; while the second group
focuses on ethical behavior - i.e. TZEDKA or righteous
behavior.
BACK TO AVRAHAM AVINU!
If your remember our shiurim on Sefer Breishit,
this double layered structure - highlighting elements of
both TZEDAKA & MISHPAT - should not surprise us. After
all, God had chosen Avraham Avinu for this very purpose:
"For Avraham shall surely become a great and mighty
nation, and a blessing for all the nations of the earth.
For I have known him IN ORDER that he may command his
children and his household after him, that they may keep
the way of God to do TZEDAKA & MISHPAT [righteousness and
justice]..." (see Breishit 18:18-19, compare Breishit
12:1-3)
Now that Avraham Avinu's offspring have finally
become a nation, and now prepare to enter the land - they
enter a covenant at Har Sinai. Therefore, the very first
set of detailed laws received at Sinai focus on how the
nation of Israel is expected to keep and apply the values
of "tzedaka & mishpat" - in order that this nation can
accomplish its divine destiny.
AN EDUCATIONAL PROGRESSION
Before we conclude, we should note yet another
sequence that takes place within these various subsections
of laws. As you review these various sections, note how
they follow a very meaningful educational progression:
I. THE FEAR OF MAN
The first section (21:1 22:19) contains civil laws
regarding compensatory obligations, common to any
civilized society (not unique to Am Yisrael). These
case-type laws are enforced by bet-din. The fear of
punishment by the courts ensures the compliance of the
citizenry.
II. THE FEAR OF GOD
The next section (22:20 26) contains imperatives
related to ethical behavior, emphasizing specifically
consideration for the less fortunate members of society.
Given the difficulty of enforcing this standard by the
bet-din, God Himself assumes the responsibility of
punishing violators in this regard.
III. LOVE FOR ONE'S FELLOW MAN
The final section of imperative civil laws
(23:1 9) contains mitzvot relating to an even higher moral
and ethical standard. In this section, the Torah does not
mention any punishment. These mitzvot are preceded by the
pasuk "ve-anshei kodesh tihiyun li" (22:30) and reflect
the behavior of a "mamlechet kohanim ve-goy kadosh" (see
19:5-6). When the civil behavior of God's special nation
is motivated not only by the fear of punishment, but also
by a high ethical standard and a sense of subservience to
God, the nation truly becomes a 'goy kadosh' - the purpose
of Matan Torah (see 19:5-6!).
IV. THE LOVE OF GOD
After creating an ethical society, the nation is
worthy of a special relationship with God, as reflected in
the laws of shabbat, shmitta, and 'aliya la-regel' -
'being seen by God' on the three pilgrimage holidays (see
23:10-17).
This progression highlights the fact that a high
standard of ethical behavior (II & III) alone does not
suffice. A society must first anchor itself by assuring
justice by establishing a court system that will enforce
these most basic civil laws (I). Once this standard has
been established, society can then strive to achieve a
higher ethical level (II & III). Then, man is worthy to
encounter and 'visit' God (IV).
ONE LAST PROMISE
Even though the 'mishpatim' and mitzvot end in
23:19, this lengthy section (that began back with 'ko
tomar...' in 20:19) contains one last section - 23:20->33
- which appears as more of a promise than a set of laws.
God tells Moshe to tell Bnei Yisrael that:
"Behold, I am sending a mal'ach before you, to guide you
and bring you to ... (the Promised Land). ... for if you
obey him [God's 'mal'ach'] and do all that I say, I will
be an enemy to your enemies and a foe to your foes. For
My mal'ach will lead you and bring you to [the land of]
the Amorites, Hittites, etc." (23:20-23). [See also
23:27-31!]
This conclusion points to the purpose of the
entire unit. By accepting these laws, Bnei Yisrael will
shape their character as God's special nation. Hence, if
they obey these rules, then God will assist them in the
conquest of the Land.
Considering that Bnei Yisrael are on their way to
conquer and inherit the Land, this section (23:20-33)
forms an appropriate conclusion for this entire unit.
Should they follow these laws, He will help them conquer
that land, where these laws will help facilitate their
becoming God's special nation.
BACK TO BRIT SINAI
This interpretation can provide us with a
beautiful explanation for why Bnei Yisrael receive
specifically this set of mitzvot immediately after the Ten
Commandments.
Recall God's original proposal to Bnei Yisrael
before Ma'amad Har Sinai - "should they obey Me and keep
My covenant... then they will become a - mamlechet kohanim
ve-goy kadosh" (see Shmot 19:5-6). After the people
accept this proposal (see 19:8), they receive the Ten
Commandments, followed by the laws of the "ko tomar" unit.
This can explain why Bnei Yisrael receive specifically
these laws (of the "ko tomar unit") at this time. As
these laws will govern the ethical behavior of every
individual in Am Yisrael and build the moral fabric of its
society, they become the 'recipe' that will transform this
nation into a "mamlechet kohanim ve-goy kadosh".
Furthermore, they emphasize how laws that focus on our
special relationship with God, especially in relation to
how we worship him - such as the laws of the holidays, are
only meaningful when rooted in a society that acts in an
exemplary fashion.
Because these guidelines for individual behavior are
'enveloped' by details of how to properly worship God, we
can essentially conclude that this entire unit discusses
how the nation of Israel is expected to worship God - for
the manner by which we treat our fellow man stands at the
center of our relationship with God.
shabbat
shalom,
menachem
=================
FOR FURTHER IYUN
A. NISHMA VE-NA'ASEH!
Based on this interpretation, we can suggest a
very simple explanation for why Bnei Yisrael declare
'na'aseh ve-nishma' at the ceremony at Har Sinai (as see
24:7). [According to Ramban's approach that we keep
24:1-11 in its chronological order.]
If indeed sefer ha-brit includes the unit from
20:19-23:33, then God's promise to help Bnei Yisrael
conquer the land should they listen to Him (23:20-23:23)
forms the most basic statement of this covenant:
"Ki im shamo'a tishma be-kolo, ve-a'sita kol asher adaber
- For if you listen to what He [the mal'ach] says, and do
whatever I will speak... then I will help you defeat your
enemies..." (see 23:21-22).
One could suggest that it is in response to this phrase
that Bnei Yisrael declare:
na'aseh - in response to: ve-asita kol asher
adaber;
ve-nishma - in response to: im shamo'a tishma
be-kolo.
[Carefully read the middle section of Ramban's peirush to
24:3 where he alludes to this interpretation.
[Note that even according to Rashi's interpretation that
sefer ha-brit in 24:7 includes the laws at Mara, the final
words of God's charge at Mara (see 15:26) could provide
the background for a similar explanation. One could
suggest that Bnei Yisrael respond by saying na'aseh to
ve-hayashar be-einav ta'aseh and nishma to "im shamo'a
tishma..."! Of course, this could also relate to God's
proposal in 19:5-6. ]
B. Regarding to the order of NA'ASEH ve-NISHMA:
According to our explanation above, Bnei Yisrael
should have said this in the opposite order, i.e. nishma
ve-na'aseh. Relate this to Chazal's question in the
Midrash - "lama hikdimu na'aseh le-nishma", which applauds
Bnei Yisrael for first accepting the laws which they
haven't yet heard. [Relate to "et asher adaber"!]
C. SOUND BYTES
Many of the mitzvot in Parshat Mishpatim from
22:26-23:19 could be viewed as 'sound-bytes' for entire
'parshiot' that expound on these mitzvot in Sefer Vayikra
and Sefer Devarim.
1. Attempt to find examples, e.g. 23:10 to Vayikra
25:1-8; 23:14 to Devarim 16:1-17.
2. Use this to explain the nature of Parshat Mishpatim.
3. How does this enhance our understanding of the
ceremony in perek 24? Relate to 'sefer ha-brit'.
4. Based on the above shiur, explain why Chazal interpret
the law of "va-avodo le-olam" (21:6) - when an 'eved ivri'
agrees to work 'forever' - as referring to the end of the
seven cycles of shmitta, i.e. the 'yovel' year - see Rashi
21:6 and Vayikra 25:8-11.
D. AVOT & TOLADOT
We mentioned in the shiur that the mitzvot in
Mishpatim can be understood as 'toladot' of the Ten
Commandments. See Ibn Ezra's observation of this point.
See also Abravanel.
1. Attempt to find examples of dibrot V->X within the
civil laws.
2. Explain why the laws concerning the mizbeiach should
be considered toladot of "lo tisa et shem Hashem Elokecha
la-shav."
3. How does 'shem Hashem' relate to the concept of
mizbeiach?
Relate to Breishit 12:8, 13:4, etc.
4. How does 23:20-22 relate to this same idea of 'shem
Hashem'? - see shiur below
THE 'TOLADOT' OF THE 'DIBROT' [a mini shiur]
In the following mini-shiur, we discuss once again
the progression of mitzvot in the "ko tomar" unit, but
this time from a different perspective.
Just as we have shown how these mitzvot follow an
'educational progression,' we will now show how (and why)
they follow ('more or less') according to the order of the
Ten Commandments.
Let's begin by showing how the opening section of
mitzvot in this unit (i.e. 20:19-23 / the 'bein adam
la-Makom' mitzvot) can be viewed as 'toladot'
(sub-categories) of the first three Commandments:
*1. 20:19
"You have seen how I have spoken to you from heaven" -
thus emphasizing belief in God's hitgalut at Har Sinai.
This could be considered parallel to the first 'dibur' -
"Anochi Hashem Elokecha asher hotzeiticha..."
*2. 20:20
"Don't make [with] Me gods of gold and silver..." - This
prohibition of idol worship is obviously parallel to the
second 'dibur': "lo yihiyeh lecha..."
*3. 20:21-23
"An earthen mizbeiach you shall make for Me...." - Even
though this parallel is not as obvious, this commandment
concerning how to build a mizbeiach may be compared to the
third 'dibur': "lo tisa et shem..." - not to mention God's
Name in vain. The parallel can be based on our study of
Sefer Breishit where we saw how the mizbeiach forms an
avenue by which Avraham declared God's Name to make it
known to others. [See Breishit 12:8 and 13:4 and Ramban
on 12:8.]
As Parshat Mishpatim continues this "ko tomar"
unit, we can continue to find additional parallels to the
remaining dibrot. Just as we found 'toladot' of the first
three 'dibrot', so do we find 'toladot' of the fourth
commandment - i.e. 'shabbat'. In fact, both the opening
and closing sections of the mitzvot relate to shabbat.
The opening mitzva, the law of a Hebrew servant (21:1-6),
is based on the concept of six years of 'work' followed by
'rest' (=freedom) in the seventh year. The closing
mitzvot of 'shmitta', shabbat, and 'aliya la-regel'
(23:10-19), are similarly based on a seven-day or
seven-year cycle.
In between these two 'toladot' of shabbat, we find
primarily 'mitzvot bein adam le-chavero' (21:1->23:9),
which can be considered 'toladot' of the fifth through
tenth Commandments.
The final section, describing God's promise to
help Bnei Yisrael conquer the land should they keep these
mitzvot, continues this pattern in descending order:
23:20-23 The mal'ach with "shmi be-kirbo" -> III.
"lo tisa"
23:24 - Not to worship their idols -> II. - "avoda
zara"
23:25 - Worshipping God and its reward... -> I.
Anochi
This structure, by which the 'mitzvot bein adam
la-Makom' that govern our relationship with God (I->IV)
serve as 'bookends' enclosing the mishpatim [the civil
laws and ethical standards regarding one's relationship to
fellow men (V-X)], underscores an important tenet of
Judaism. Unlike pagan religions, man's relationship with
other people constitutes an integral part of his unique
relationship with God.
YITRO / MISHPATIM - A CHIASTIC STRUCTURE
The following table illustrates how this
progression of the mitzvot according to the dibrot helps
form a chiastic structure, which encompasses the entire
unit from Shmot chapters 19->24.
Note the chiastic A-B-C-D-C-B-A structure that
emerges:
A. Brit & the dibrot at Har Sinai (19:1-20:18)
| B. Mitzvot I, II, III (20:19-23) ['bein adam
la-Makom']
| | C. Eved Ivri (IV) [21:1-> 'bein adam
le-chavero']
| | | D. Misc. civil laws (V-X) /
causative & imperative
| | C. Shmitta, shabbat, regalim (IV)
| B. Mitzvot - III, II, I (23:20-33) ["bein adam
la'makom"]
A. The 'Brit' of 'na'aseh ve-nishma' at Har Sinai and
Moshe's
ascent to receive the 'luchot' containing the
'dibrot'.
A chiastic structure (common in Chumash) usually
points to a common theme and purpose of its contents. In
our case, that theme is clearly 'Ma'amad Har Sinai'. This
unit of 'Ma'amad Har Sinai' (Shmot 19->24) continues the
theme of the first unit of Sefer Shmot (1->18), the story
of Yetziat Mitzrayim.
We conclude our shiur by relating this structure
to the overall theme of Sefer Shmot, as discussed by
Ramban in his introduction to the sefer.
As we explained, Yetziat Mitzrayim (our redemption
from Egypt) constituted the first stage in God's
fulfillment of brit avot. Now, at Ma'amad Har Sinai, Bnei
Yisrael enter a second stage, as they collectively accept
God's covenant and receive the Torah (brit Sinai). These
laws, especially those of Parshat Mishpatim, will help
form their character as God's special nation - in order
that they can fulfill the final stage of 'brit Avot' - the
inheritance of the Promised Land and the establishment of
that nation.
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