[Par-reg] Mishpatim - quesitons for self study

Tue Feb 5 12:59:48 EST 2013

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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 

PART I - QUESTIONS FOR THE 'SHABBOS TABLE'

FROM SUFFERING TO SENSITIVITY

1. As you review the numerous mitzvot in
Parshat Mishpatim, note how often the topic
of "eved" [servant / slave] appears in
relation to either the law itself or the
reason to keep it. 

[If you need assistance, be sure to note
21:1-11; 21:20-21; 21:26-27; 21:32; and
especially 22:20 and 23:9!]

      Considering that this is the first set
of detailed laws that Bnei Yisrael receive
after the Ten Commandments (and the Exodus),
can you suggest a logical reason why this
topic would appear so often?        In your
opinion, do these laws appear to 'encourage'
Bnei Yisrael that they should take slaves, or
do these laws come to 'protect' the basic
rights of slaves/servants?  

      [See Chizkuni on 21:2!]

2.  Based on 22:20 and 23:9, what lesson does
God expect Bnei Yisrael to learn from their
experience as slaves in Egypt?  How will
[should] their experience in Egypt affect the
type of society that they now plan to create
in the Promised Land (and hence the laws that
God gives them in Parshat Mishpatim)? 

    Relate your answer to the concept of an
"am kadosh" - a nation designated to
represent God - as discussed in Bnei
Yisrael's covenant with God, which they
accepted at Har Sinai (see 19:5-6)?

      Note as well also the reason for why
Bnei Yisrael must keep Shabbat according to
Devarim 5:13-15.  Similarly, note this
similar refrain of "v'zacharta ki eved
ha'yita..." in Devarim 24:17-22 (and 16:12);
explain how these commandments (and this
refrain) reflect a similar theme with the
laws of Mishpatim!

      In your opinion, how do the laws of
Parshat Mishpatim relate to the laws in Sefer
Devarim?  Can you explain why?

3.  Finally, review Vayikra 19:33-37, while
looking for a theme similar to Shmot 22:20 &
23:9.  Can you explain why these laws are
found in Parshat Kedoshim as well as Parshat
Mishpatim?

      Relate your answers to all the above
questions to the process of redemption that
takes place in the first half of Sefer Shmot,
and to God's original 'forecast' to Avraham
Avinu  that his offspring will suffer
'bondage in a foreign land' at "brit bein
ha'btarim" (see Breishit 15:13-18).

WHAT HAPPENED TO CHUR?

1.  In 24:14, Moshe Rabeinu leaves
instructions to the elders concerning who
they should turn to while he is gone should
any problems arise.   Review Shmot 17:10-12,
noting how Chur seems to have been in a
leadership position (at the time of Yetziat
Mitzraim). How does this explain why Moshe
left both Aharon and Chur in charge?

    To the best of your recollection, is Chur
ever mentioned again, i.e. after 24:14?  Does
Chumash ever explain what happened to him?

    In what manner does his 'mysterious
disappearance relate to the famous Midrash
that Chur was killed when he refused Bnei
Yisrael's request to make an 'egel'?

[In your opinion, is this pasuk the 'source'
for this Midrash, or does it simply provide
support for a historical tradition that had
been passed down?]

'ORDER' IN THE COURTROOM

1.  More specifically, as your study the laws
of damages in chapter 21 (i.e. 21:12-36), see
if you can identify a pattern that explains
the internal order of this wide range of
cases. 

    As you attempt to determine the
underlying logic of its progression, relate
to who [or what] is doing the damage; the
severity of the damage; and the severity of
the punishment.

PART II - QUESTIONS FOR PREPARATION (for
weekly shiur)

THE PROGRESSION OF MITZVOT IN MISHPATIM

1.  As you may have noticed, not all of the
mitzvot in Chumash are given at the same
time.  Instead, there are different groups of
mitzvot, some in Sefer Shmot, some in
Vayikra, etc.

      Note how the Ten Commandments are the
first 'set' of mitzvot that we find in
Chumash.  Afterward, Parshat Mishpatim forms
yet another set.  Later on, we find other set
of laws, e.g. how to build the Mishkan
(chapters 25 thru 31), laws about "korbanot"
in Sefer Vayikra, etc., and numerous other
sets of laws in Bamidbar & Devarim.

      The following battery of questions will
help you understand what is special about the
set of laws in Parshat Mishpatim:

     To begin, undertake a quick review the
general topics of the various laws in Parshat
Mishpatim, attempt to identify a common
theme, and suggest a reason why specifically
this set of laws was given immediately after
the Ten Commandments, and before all the
other laws. 

      Now, we will take a 'closer look'.

A.  IDENTIFYING THE UNITS OF MA'AMAD HAR
SINAI

1.  Recall how chapters 19->24 form a
distinct unit - which we refer to as Ma'amad
Har Sinai.  Carefully review the events that
take place within this unit, i.e. from the
time that Bnei Yisrael arrive at Har Sinai
(see 19:1) until Moshe Rabeinu ascends Har
Sinai to receive the 'luchot' (at the end of
Parshat Mishpatim / see 24:12-18).  Note as
well how 20:19 introduces a very lengthy unit
(the 'ko tomar' unit), which includes a
series of mitzvot.

      Make a list of each of the major units
and topics within this entire Ma'amad Har
Sinai section.  Then, analyze your list and
attempt to organize it into an outline.
[Carefully define the headers for each
sub-section.]

      Make sure that you can follow the flow
of events.

      Attempt to determine where the topics
flow in a logical manner, and where they may
be some 'sticky' points.

2.  Parshat Mishpatim includes a lengthy list
of mitzvot.  Based on your outline, when were
these mitzvot given to Moshe Rabeinu, and
when did Moshe teach them to Bnei Yisrael?

      As you answer this question, answer the
following questions as well:

a)  Where do the set of laws that begins with
"ve-eileh ha-mishpatim" end?

b)  Are these "mishpatim" part of a larger
set of laws?  If so identify this 'larger
set' (i.e. where does it begin and end, etc.)

      Is there any time in Chumash when a set
of mitzvot are presented which are not first
introduced by either "va-yomer Hashem el..."
or "va-yedaber Hashem el..." or a similar
type of introduction?  If not, explain why
not.  If yes, bring an example.

    Does Parshat Misphatim have such an
introduction?  If so, where do we find a
similar short narrative introducing how these
laws were given to Moshe?

      Based on your answer, where does the
set of mitzvot which include Ve-eileh
ha-mishpatim" really begin?!

            Where does this unit end?

[In other words, how does the first pasuk of
Parshat Mishpatim (21:1) connect to the last
set of psukim in Parshat Yitro (20:19-23)?]

      Does this unit contain only mitzvot?
If not, what else is included?  Can you
explain why?

      Are the mitzvot in this unit only
'mishpatim'?  Is there a difference between
the word 'mishpat' and 'mitzva'?

      Based on this parsha, attempt to define
a 'mishpat'.

      Who is responsible to execute these
'mishpatim'?

    [See Ramban on "asher tasim llfneihem"
(21:1).

3.  Does the Torah ever tell us when Moshe
told over the mitzvot in Parshat Mishpatim to
Bnei Yisrael?  If so, where is this story
located?

      In your answer, relate to 24:3-4 in
relation to the entire story in 24:1-11 (and
in relation to God's commandment back in
20:19)

            [See also Rashbam on 24:1!]

      Based on your analysis of the content
of 20:19 thru 23:33, what do the phrases
"divrei Hashem" and the "mishpatim"
(mentioned in 24:3) refer to?  Similarly,
what does the phrase "divrei Hashem" in 24:4
refer to?

4.  Next, review the entire story in 24:1-11,
noting how it describes a very important
national gathering and ceremony.

      In your opinion, in what manner does
this gathering and ceremony relate to the
mitzvot of Parshat Mishpatim (and/or the Ten
Commandments).  Why are the elders of Israel
instructed to ascend the mountain to bow down
to God, and what is the significance of
sprinkling the blood on everyone who
proclaimed "na'aseh v'nishma"?

B. BRIT NA'ASEH VE-NISHMA - BEFORE or AFTER?

5.  Read 24:1-11 once again, and see if you
can find any reason that might lead you to
the conclusion that this entire story took
place at an earlier time (i.e. before Matan
Torah).  If so, explain those reasons.

      Are there any details in this story
that appear to be similar to the events that
transpire in chapter 19?

      For example, who are the 'kohanim'
mentioned in 19:22, and how do they relate to
the leadership group mentioned in 24:1 and
24:9-11?

      In what manner is 24:3 similar to
19:3-8?  Similarly, in what manner is 24:7
similar to 19:3-8?

    How does God's commandment to Moshe in
19:20-25 seem to relate to what transpires in
24:9-11, and the group mentioned in 24:1-2?

6.  See Rashbam on 24:1.  How does he relate
to the above questions?  See also Ibn Ezra,
Seforno, & Chizkuni on this pasuk, who follow
a similar direction.

7. Then see Rashi on 24:1.  Can you explain
what leads Rashi to this rather amazing
conclusion (that these events took place
before Matan Torah)?

      [For a more detailed discussion, see
Parshanut section.]

      Then see Ramban on 24:1, noting how and
why he disagrees (and explains why it makes
more sense to keep these events in
chronological order).

8. According to this Rashi, why can't the
'divrei Hashem' and 'ha-mishpatim' (in
24:3-4) refer to the laws in Parshat
Mishpatim?  Based on chapter 19, what most
likely are these two phrases referring to?
[See Rashi on 24:3-4.]

      In your opinion, are the 'divrei
Hashem' which are 'written down' (in 24:4)
the same 'divrei Hashem' which Moshe conveyed
to them in 24:3?

      In either case, why are they being
written down?

      In your answer, relate to 24:7!

9.  What seems to be the purpose of the
covenantal ceremony that is described in
24:4-8, according to both Rashi & Ramban?

      In what manner is 24:9-11 connected to
this 'brit'?

      In what manner is 24:12-13 connected to
this 'brit'?

C. A SIGNIFICANT PROGRESSION

10.  Scan the mitzvot from 20:20 until 23:33
[noting how and why these psukim constitute a
complete unit] and attempt to organize them
in an outline.

      Can you detect any sort of a logical
progression or any special order - or do the
mitzvot appear to be random?

      In your answer, relate to the types of
mitzvot, such as:

  a) 'bein adam le-chavero' / 'bein adam
la-Makom';

  b) Laws written in the 'causative' style
(if... then...)

            and/or 'absolute' style (do.../
don't...);

  c)  Laws that 'beit din' (a Jewish court)
must enforce

  d)  Laws that 'beit din' does not or cannot
enforce

  e)  Psukim which are not laws (explain what
they are!).

11. As you probably noticed, most (but not
all) of the mitzvot in Parshat Mishpatim are
'bein adam le-chavero' [between man and his
fellow man]. 

      Did you notice how 22:17-19 appear to
'not belong' within this unit?  Explain why
they don't belong, and attempt to suggest a
reason why they may have been included
nonetheless.

12.  Hopefully, you also noticed how 22:20
(and the laws that follow) are written in a
very different style than the laws in 21:1
thru 22:16.  Be sure that you can identify
and define the different style of
presentation in these two sets of laws.

      Attempt to relate the content of these
laws that begin with 22:20 to the manner in
which they are presented.

13. As you review the laws from 22:20 thru
23:9, can you identify any laws that seem to
be addressed to the members of the court
system? 

    Do the laws of this section need to be
enforced by the court system (like the laws
in 21:1-22:19), or do they seem to be simply
guidelines for the individual?  Explain your
answer.

      In general, which section of the laws
found in Parshat Mishpatim belong in "choshen
mishpat", and which laws belong in "yore
deya"?  [The question assumes that you are
familiar with the four sections of SHULCHAN
ARUCH.  If you are not, then please ask your
'local rabbi' for a quick explanation.

14.  Do any laws in the this section seem to
fall under the category of 'between man &
God'? If so, can you identify which ones, and
can you explain why they are included in this
section?

15. Note how the mitzvot in 23:10-19 appear
to 'break' this pattern overall pattern of
'bein adam la'chaveiro', as they are
primarily 'bein adam la-Makom'. 

      Can you suggest a logical reason for
this progression?

      Can you identify a certain aspect of
'bein adam le-chavero' in the mitzvot of
23:10-19 as well?  If so, explain what that
is.

[Note the REASON given for shabbat & shmitta!
Compare this to other reasons for these
mitzvot found elsewhere in Chumash.]

16.  Attempt to connect the content of these
different sections of laws to both "brit
Sinai", as detailed in Shmot 19:5-6, as well
as to its purpose - based on Breishit
18:18-19!

D. THE FINAL UNIT - A 'CONDITIONAL PROMISE'

17.  Read 23:20-33 carefully, especially
23:20-23!

      Is this still part of the unit which
began in 20:19?

[In other words, is it still the "ko tomar"
unit, that Moshe must realy to Bnei Yisrael
on behalf of God?]

Explain your answer.

      Do these psukim constitute a promise or
a 'deal' of sorts?

      If so, who is this deal between, and
what is its purpose?

      How do these psukim relate to the
primary themes of Sefer Breishit and Sefer
Shmot, i.e. to the purpose of Yetziat
Mitzraim?

18. Had it not been for the events of the sin
of the Golden Calf, what should have happened
immediately after Moshe came down from Har
Sinai, and taught Bnei Yisrael the laws that
God gave him?

      Relate this to the content of 23:20-33.

      Relate as well God's promise in
23:20-24, to Bnei Yisrael's request from
Aharon to make them an "elokim" - when they
reach the conclusion that Moshe is not going
to return, as described in Shmot 32:1-4.

===========

PART III - PARSHANUT

SMICHUT PARSHIOT in Parshat Mishpatim

1.  In addition to the laws regarding
damages, Parshat Mishpatim also discusses
many other categories of mitzvot.   As you
review chapters 21 thru 23, attempt to find
the logic behind the progression from one
topic to the next.  [Can you identify one
unifying topic for all [or most] of these
mitzvot; or do they appear to be a random
collection?]

      When you finish, compare your
conclusions to those of Ibn Ezra  [which can
be found in the Torat Chaim edition - Ibn
Ezra ha'katzar - on the first pasuk of the
Parsha (21:1).]  Note how Ibn Ezra attempts
to identify a unifying theme for all of these
mitzvot.  Relate that theme to the underlying
theme of Sefer Breishit in regard to why God
chose the Jewish nation.

2.  Other commentators find a similarity
between the progression of these laws and the
Ten Commandments.  First, attempt to do this
on your own (beginning with where this unit
technically began in 20:19 - until chapter
23).  Then see Ramban in his commentary to
21:1 and 21:2, where he deals with this
parallel in detail!

      [Note as well Rashi on 24:12!]

A REASON, or AN INCENTIVE?

1. Review 22:20, noting the apparent 'reason'
for this law, that follow the word "ki" -
i.e. "ki gerim ha'yitem b'eretz mitzraim".

      Compare this phrase to the parallel law
in 23:9.

    In your opinion, should this phrase be
understood as the reason why one cannot
oppress a stranger?  If not, then what is the
purpose of this phrase.  [In your answer,
relate as well to what follows in 22:21-26.]

    Then see how Rashi on 23:20 ["ki
gerim...".  Would you say that Rashi
understands this phrase as 'good advice' or
as a reason for the prohibition?

    Next, see Ramban - noting how he first
relates to both Rashi and Ibn Ezra's
commentary to this pasuk.  Be sure you
understand why he rejects both approaches.
Then, study Ramban's interpretation of this
pasuk, noting how it is based on 22:21-26!

EVED IVRI - Jewish or Ivrish?

1.  In your opinion, does the phrase "eved
ivri" mentioned in 21:2 refer to a Jewish
slave, or does it include any descendant of
Ever (grandson of Shem/ see Breishit
10:24-30)?  In your answer, relate to
Breishit 14:13, 40:15 & 41:12 and Shmot 5:3.

      In either case, is the "eved" referred
to in 21:20, 26, & 32 a Jewish slave or a
non-Jewish slave?  On what do you base your
answer?

      For a fascinating discussion of this
topic, see Ibn Ezra on 21:2 [pirush
ha'aroch], noting how he beautifully defends
Chazal's interpretation.  Note as well how he
explains his overall approach to "parshanut"
in the opening paragraph of that commentary!

WHEN DID BNEI YISRAEL SAY Na'asse v'Nishma?

1.  Review once again 24:1-11.  How does this
parshia relate to the unit that was discussed
above (i.e. 20:19->23:33)?

[Re: the questions that follow, first try to
answer them on your own.  Afterward see the
commentators, especially Ramban, Ibn Ezra,
Rashi, Rashbam, Sforno & Chizkuni.

24:1 - What is difficult about this pasuk?

      Who is speaking to Moshe?

      Where is Moshe speaking when this is
told to him?

      Does Moshe fulfill this commandment
immediately?

            Where does Chumash tell us when
it was fulfilled?

      What is the purpose of this
commandment?

24:2 - Does 24:2 contradict 24:1? 

      In your opinion, is 24:2 an additional
instruction to Moshe (i.e. in addition to the
instruction in 24:1) or it is a narrative
that explains what Moshe did after God's
command in 24:1.

           How do 24:1-2 relate to 24:9 and
24:12?

            Could these psukim relate to
20:18 as well?

24:3 - How does this pasuk relate to 20:19?

      What does "Va-yavo Moshe" mean?  Where
was he coming from?  What are 'divrei Hashem'
and the 'mishpatim'?

            See Ramban and Rashi!

24:4-6 -    What specifically do you think
are the "divrei Hashem" that Moshe writes
down in 24:4?  How does this relate to the
'sefer ha-brit' described in 24:7? 

            How do these psukim relate to
20:21!

24:7 - Should Bnei Yisrael's reply of
'na'aseh ve-nishma' relate to the content of
what is written in this 'sefer ha-brit'?  If
so, how does it?  [If 'sefer ha-brit'
includes 23:20-22, how would that help you
answer this question!]

24:8 - What is the significance of this
ceremony?  How does it relate to the
proclamation in 24:7?

24:9-10     How does this relate to 24:1?  In
your opinion, what is the purpose of this
joint 'ascent' up the mountain?

24:11 -     Was it proper or improper for
this group to 'see God'? - See the two
different approaches suggested by the
commentators.

24:12 -     What is the purpose of this
'aliya' of Moshe to Har Sinai?  According to
pshat, what is the 'torah' & and what is the
'mitzva'?

      What has Hashem 'written' for Moshe,
only the 'luchot', or also the torah &
mitzva?

24:16 - When did these six days transpire?

In other words, does Moshe ascend Har Siani
to receive the 'luchot' on the first of these
six days, or does he ascend on the seventh
day and enter the 'anan' immediately? 

[See mefarshim!  How does this relate to our
calculation of the date of Matan Torah?]

WHAT TORAH DID MOSHE RECEIVE?

1.  Read 24:12.  In your opinion, what
specifically do the words 'torah' and
'mitzva' in this pasuk refer to?

      Note the phrase "asher katavti" [which
I wrote].  What does this phrase relate to -
the 'luchot ha-even', or also the 'torah' &
'mitzva'?

      Now, read Ramban very carefully.

      How does he answer the above questions?

            [i.e. how does he explain this
pasuk?]

      How does Ramban understand Rashi?

      Why does Ramban disagree with Ibn Ezra.

            [See Ibn Ezra inside, what is his
main point?]

      Why does Ramban conclude with "al da'at
Raboteinu" concerning when the Torah was
first given!?

2.    Now, see Seforno.  How does he answer
the above questions? How is his approach
different than Ramban's?

      Finally see Ibn Ezra, "yeish omrim...",
concerning 'Torah she-bichtav' and 'Torah
she-ba'al peh'.

      What is the significance of this
Midrash?

      Would you consider this 'pshat' or
'drash'?

3.  Recall how in 20:19, God commands Moshe
to tell Bnei Yisrael a set of mitzvot.  How
does this commandment appear to relate to the
story that is recorded in 20:15-18?

      According to most commentators (Rashi,
Ramban etc., or just about everyone except
Ibn Ezra) - the story in 20:15-18 took place
at an earlier time.  Relate those opinions as
you answer this question. 

      Relate also to the parallel (or
similar) story that is recorded Devarim
5:20-28.  [Take into consideration the
machloket Ramban - Ibn Ezra concerning when
20:15-18 took place!]

be-hatzlacha,

                                    menachem

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