[Par-reg] For Parshat Mishpatim - the law section

[Menachem Leibtag]

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************

PARSHAT MISHPATIM - shiur #2

 A SPECIAL UNIT / AN EDUCATIONAL PROGRESSION

What's better - Chumash or Shulchan Aruch?
    The question really isn't fair, but anyone who has studied both books
realizes how different they are.
    As Parshat Mishpatim contains a set of laws that sounds a bit like
Shulchan Aruch [the Jewish Code of Law], this week's shiur will analyze
their progression, to show how the Torah delivers its message through the
manner of their presentation.

INTRODUCTION
    In last week's shiur, we began our discussion of how the laws in
Chumash are presented in groups (or 'units').  For example, in Parshat
Yitro, we saw how the first 'ten' Commandments were given as part of
Ma'amad Har Sinai.  Afterward, we identified the next 'unit' of mitzvot -
which we referred to as the 'ko tomar' unit, beginning in 20:19, and
continuing until the end of chapter 23 (which comprises most of Parshat
Mishpatim).  Later on in Chumash we will find many additional 'units' of
mitzvot, embedded within its various narratives.
Because Chumash presents its mitzvot in 'units', we would certainly expect
that the first 'unit', i.e. the one that follows the Ten Commandments, to
be special.  In our shiur, we undertake an analysis of the internal
structure of this "ko tomar" unit, in an attempt to understand why
specifically these mitzvot are recorded at this point, and in this manner.

SUB-DIVIDING THE UNIT
At first glance, these three chapters appear to contain simply a random set
of laws, from all types of categories - as it jumps back and forth from
"bein adam la'makom" [laws between man & God] to "bein adam l'chaveiro"
[laws between man and his fellow man (or society)].  On the other hand,
there does seem to be some very logical internal structure within certain
groups of these laws, such as the civil laws in chapter 21.
To help make sense out of the overall structure of this unit, we begin by
noting how the laws that both open and close this unit fall under the
category of "bein adam la'makom".
    Let's explain.
Recall how this "ko tomar" unit began (at the end of Parshat Yitro) with
four psukim that discuss various laws concerning idol worship and building
a mizbeiach [altar] (see 20:20-23).  Clearly, this short 'parshia' deals
with laws between man & God, and more specifically - how to worship (or not
worship) Him.
Similarly, at the end of this unit, we find another set of laws that are
"bein adam la'makom" - explaining how we are expected to worship God on the
three pilgrimage agricultural holidays (the "shalosh regalim" / see
23:13-19).
[We consider these psukim the last set of laws, for immediately afterward
(i.e. from 23:20 till the end of chapter 23) we find several conditional
promises that God makes concerning how He will help Bnei Yisrael conquer
the land, but the law section of this unit definitely ends with 23:19. ]

In this manner, we find that this lengthy set of laws in Parshat Mishpatim
is enveloped by a matching set of laws (20:20-23 & 23:13-19) that discuss
how to properly worship God.
Inside this 'sandwich' we will find numerous laws (i.e. from 21:1 thru
23:12), however almost all of them will fall under the category of "bein
adam la'chaveiro" - between man and his fellow man (or society).

The following table summarizes this very basic sub-division of this "ko
tomar" unit, which will set the framework for our next discussion:

PSUKIM TOPIC
20:19-20:23 How to worship God via the 'mizbeiach'
21:01-23:12   A misc. assortment of civil laws
23:13-23:19 Worshiping God on the 3 pilgrimage holidays
23:20-23:33 --- God's promises re: entering the land

With this in mind, lets examine the internal structure of the "bein adam
la'chaveiro" laws, that begin with the Mishpatim in 23:1 thru 23:12.  As we
will now show, this 'middle section' of civil laws will divide very neatly
into two basic categories.
1) Case laws  - that go before the "bet-din" [a Jewish court]
2) Absolute laws - that guide the behavior of the individual

THE MISHPATIM - CASE LAWS
    Parshat Mishpatim begins with the laws of a Hebrew slave (see 21:2-11)
and are followed by numerous 'case-type' civil laws dealing primarily with
damages ["nezikin'"] that continue thru the middle of chapter 22.  Their
presentation develops in an organized, structured manner, progressing as
follows:
21:12-27 - a person killing or injuring another [assault]
21:28-32 - a person's property killing or injuring another person
21:33-36 - a person's property damaging property of others
21:37-22:3 - a person stealing from another
22:4-5     -  property damage to others caused by grazing or fire
22:6-14  - responsibility of "shomrim" watching property of others
22:15-16 -  financial responsibility for a 'seducer'

    Note how these various cases range from capital offense to accidental
property damage.

THE 'KEY' WORD
As you most probably noticed, the 'key word' in this section is 'ki' [pun
intended], which implies if or when.  Note how most of the parshiot from
21:1 22:18 begin with the word 'ki' [or 'im' / if/ when] and even when it
is not written, it is implicit.  In other words, each of these 'mishpatim'
begins with a certain case [if...] and is followed by the ruling
[then...].  For example:
If a man hits his servant then... (see 21:20);
If an ox gores a man... then the ox must be stoned (21:28).

Basically, this section contains numerous examples of 'case-law,' upon
which the Jewish court (bet din) arrives at its rulings.  This is the basic
meaning of a "mishpat" - a case where two people come to court - one person
claiming damages from another - and the shofet (judge) must render a
decision.
In fact, these cases can only be judged by a court, and not by a private
individual.
[As you review these cases, note how most of them fall under the category
of "choshen mishpat" in the shulchan aruch.]

As our above table shows, this section of 'case-laws' (beginning with the
word "ki") continues all the way until 22:16; after which we find an
interesting transition.  Note, that beginning with 22:17, we find three
laws, written in a more imperative form, that do not begin with a specific
'case':
"A sorceress shall not be left alive.  Anyone lying with an animal shall be
killed, and one who sacrifices to [other] gods shall be excommunicated..."
(see 22:17-19).

    These laws don't begin with the word 'ki' for a very simple reason -
there is no plaintiff coming to court to press charges!  In all the cases
until this point, the process of 'mishpat' is usually initiated because the
plaintiff comes before the court.  In these three cases, it is the court's
responsibility to initiate the process (see Rashi & Rashbam & Ramban on
22:17!), i.e. to find the sorceress, or the person 'lying with the animal',
etc.  Therefore, even though these laws are presented in the 'imperative'
format, they remain the responsibility of "bet-din".
    These three cases are also quite different from the case-laws above,
for they also fall under the category of "bein adam la'makom" [between God
& man].
    Most significant is the third instruction - "zoveyach la'elokim
yo'cho'ram - bilti l'Hashem l'vado" - one who sacrifices to [other] gods
shall be excommunicated..." - where once again we find a law concerning
'how to (or not to) worship God' - just as we find in the opening and
closing sections that envelope these civil laws.
    In this sense, these three laws will serve as a 'buffer' that leads us
to the next category, where the laws will continue in the 'imperative'
format, however, they will leave the realm of "bet-din" and enter the realm
of ethical behavior.  Let's explain:

THE ETHICAL LAWS
Note the abrupt change of format that takes place in the next law:
"You shall not wrong a stranger or oppress him, for you yourselves were
strangers in the land of Egypt" (22:20).

Not only is this law written in the imperative format, it contains no
punishment by "bet-din".  Instead, it includes an incentive for why every
Jew should keep this law - for we ourselves were also once strangers in the
land of Egypt!
Note as well how this imperative format continues all the way until 23:10.
In contrast to what we have found thus far, we now find a collection of
imperative-style laws [i.e. do... or don't...], which appear to be beyond
the realm of enforcement by bet-din.  This section focuses on laws of
individual behavior that serve as guidelines that will shape the type of
society which God hopes to create within His special nation.
Towards the conclusion of this 'ethical' unit, we find a pasuk that seems
to simply repeat the same verse that opened this unit:
"You shall not oppress a stranger, whereas you know the feelings of a
stranger, for you yourselves were once strangers in the land of Egypt" (see
23:9).
[and compare it to the opening statement of this unit: "You shall not wrong
a stranger or oppress him, for you were strangers in the land of Egypt"
(see 22:20).

    As your review the numerous laws that are 'enveloped' by these two
'matching' psukim, note how they are all written in the imperative form,
and share a common theme of living by a higher ethical standard.
    To prove this assertion, let's study the progression of topic from
22:20 thru 23:9:
* "You shall not mistreat any widow or orphan.  If you do mistreat them, I
will heed their outcry...."
* "When you lend money... if you take his garment as a pledge, you must
return it by sunset... for if you don't, when he calls out to me, surely, I
will hear his cry..." (see 22:20-26).

In contrast to the previous section (see 20:12 thru 22:16), where the court
enforced the punishment - this section begins with a set of laws where God
Himself threatens to enact punishment!  As the court system cannot 'force'
every member of society to treat the poor and needy with kindness, God
Himself promises to 'intervene' should the 'less privileged' be mistreated.
Furthermore, it is specifically the stranger, the orphan, and widow who
would least likely know how to take their case to court.  As it is so easy
to take advantage of these lower social classes, God Himself will punish
those who take advantage.

BEING A 'GOOD CITIZEN'
The next four psukim (22:27-30) form a 'parshia', and at first glance
appear to fall under the category of 'bein adam la'makom".  However, in
their context, it is also possible to understand them as laws dealing with
the behavior of the individual within society, or stated more simply -
being a good citizen.  Let's explain how.
"Do not curse Elokim [either God or a judge / see 22:7]:, nor curse a
leader of your people"  (see 22:27).

    This instruction 'not to curse your leaders' can be understood as a
nice way of saying - respect your leadership.  It would be difficult to
develop a just society, should the people consistently curse and show no
respect for their judges and political leaders.
    The next law - "Do not delay to bring of the fullness of thy harvest,
and the outflow of thy presses"  (see 22:28) - could also fall under this
category, as it refers to the obligation of every individual to tithe his
produce.  As this tithe is used to cover the salaries of civil servants
(for example see Bamidbar 18:21 re: the salary of the Levi'im), this law
could be paraphrased as a demand that everyone must 'pay their taxes' - and
on time; yet another example of 'good citizenship'.
    Similarly, the next law:
"Your shall give Me your first-born sons.  Likewise, [the first born] of
your oxen & sheep..." (see 22:28-29) - was first given when Bnei Yisrael
left Egypt (see Shmot 13:1-2,11-14).

    Obviously, this commandment does not imply that we actually sacrifice
our first born children; but rather it relates to the obligation of each
family to dedicate their first-born son to the service of God.  The purpose
of this law was to assure that there would be an 'educator' (or 'civil
servant') in each family - to teach the laws of the Torah.
    Even though this 'family responsibility' was later transferred to the
entire tribe of Levi (after chet ha-egel / see Devarim 10:8-9); at the time
when the laws of Parshat Mishpatim were given - this was supposed to be the
job of the first-born son.  Similarly, the value of the 'first born'
animals would also be dedicated to the Temple treasury (or to feed the
workers).
    If this understanding is correct, then this command serves as a
reminder to each family to fulfill its responsibility to provide its share
of 'civil servants' to officiate in the Mishkan and to serve as judges and
educators (see Devarim 33:10).
[Re: viewing the first-born animals as a tax to compensate those civil
servants  - see Bamidbar 18:15-20!]

ACTING LIKE A 'MENSCH'
    In the final pasuk of this 'parshia' we find a very general commandment
to be not only a good citizen, but also to act like a 'mensch':
"And you shall be holy men unto Me; [an example] should you find the flesh
that is torn of beasts in the field - do not eat it -feed it instead to the
dogs" (22:30).

Even though the opening statement - to be holy men- is quite vague; the
fuller meaning of this commandment is detailed in Parshat Kedoshim (see
Vayikra chapter19).  A quick glance of that chapter immediately points once
again to the need to act in an ethical manner in all walks of life.  [Note
the numerous parallels between Vayikra chapter 19 and Shmot 22:20-33:10!]
The commandment 'not to eat the flesh of a torn animal' can be understood
as an application of how to 'be holy', implying to act like a 'mensch', and
not like gluten who would devour (like a dog) the meat of animal found dead
in field.
In summary, we claim that this short section focuses on the need to be a
'good citizen', consonant with the general theme of ethical behavior - and
incumbent upon a member of a society who claims to be representing God.

A HIGHER ETHIC
In chapter 23, this unit 'progresses' one step further, with several
mitzvot that emphasize an even higher level of moral and ethical behavior.
    The first three psukim discuss laws to ensure that the judicial system
will not be misused - For example, not to plot false witness; to follow
majority rule; and not to 'play favorites' in judgment (see 23:1-3).
[These laws could also be viewed as guidelines for the 'judges' who decide
the laws in the first section, i.e. the civil 'case-laws' in 21:12-22:16.]

    Next, we find two interesting laws that reflect the highest level of
ethical behavior, which worded in a special manner.
* Returning a lost animal, even that of your enemy, to its owner ('hashavat
aveida') (see 23:4);
* Helping your neighbor's animal (again, even your enemy) with its load
('azov ta'azov imo') (see 23:5);

    The Torah does not simply command us to return a lost item, it
describes an extreme case, where one must go out of his way to be 'extra
nice' to a person whom he despises.  What may be considered 'exemplary
behavior' in a regular society - becomes required behavior for a nation who
represents God.
    Finally, this special section concludes with the famous dictum "mi-dvar
sheker tirchak" - keeping one's distance from any form of dishonesty (see
23:7), followed by a warning not to take bribes - 've-shochad lo tikach' -
(see 23:8).
As mentioned earlier, this section, describing the mitzvot of a higher
ethical standard, closes with the verse "ve-ger lo tilchatz..." (see 23:9)
- almost identical to its opening statement  (see 22:20).
    Despite the difficulty of their slavery in Egypt, Bnei Yisrael are
expected to learn from that experience and create a society that shows
extra sensitivity to the needs of the less fortunate.  Specifically the
Jewish nation - because we were once slaves - are commanded to learn from
that experience, in order to become even more sensitive to the needs of
others!

SHABBAT & THE HOLIDAYS
As we explained earlier, this 'ethical' section is followed by yet another
set of mitzvot (see 23:10-19), which appears to focus on 'mitzvot bein adam
la-Makom'.  It includes the following mitzvot:
'Shmitta' - leaving the fields fallow every seven years;
'Shabbat' - resting one day out of every seven days;
'Shalosh regalim' - the three agricultural holidays:
'chag ha-matzot' - seven days eating matza
'chag ha-katzir' - wheat harvest (seven weeks later)
'chag ha-asif' - produce harvest (seven days).
(23:10-19)

Nonetheless, it should be noted how the laws of shmitta and shabbat are
actually presented from the perspective of 'bein adam le-chavero'.  The
'shmitta' cycle provides extra food for the poor and needy (see 23:11),
while 'shabbat' provides a day of rest for the 'bondsman and stranger' (see
23:12).  In this sense, these two laws form a beautiful transition from
"bein adam la'chaveiro" section to the concluding "bein adam la'makom"
section that 'closes' this entire unit.
At this point, we find a short summary pasuk that introduces the last
section describing the pilgrimage 'holidays' (see 23:13-19).  These
'shalosh regalim' are described as three times during the year when the
entire nation gathers together 'in front of God' (i.e. at the Bet
Ha-Mikdash) to thank Him for their harvest.
[One could suggest that this mitzvah of 'aliya la-regel' also influences
the social development of the nation, for it provides the poor and needy
with an opportunity to celebrate together with the more fortunate (see
Devarim 16:11,14-16.) ]

A 'DOUBLE' SANDWICH - TZEDAKA & MISHPAT
Let's return now to note the beautiful structure of this entire unit by
studying the following table, where a * denotes laws "bein adam la'makom"
and a # denotes laws "bein adam la'chaveiro".
To clarify this layered nature of this internal structure, in the following
table we compare it to a 'sandwich' with two layers of 'meat', enveloped by
'bread',

* TOP - Laws re: idol worship and the 'mizbeiach'  (20:19-20:23)
[i.e. how to worship God]

LAYER 1 - # The civil laws - 'case' laws for "bet-din"  (21:1-22:16)
- i.e.  laws that relate to MISHPAT - judgement

* BUFFER - short set of laws "bein adam la'makom" (22:17-19)

LAYER 2 - # The ethical laws -individual behavior (22:20-23:12) - i.e. laws
that relate to TZEDAKA - righteousness

* BOTTOM - Laws of the three pilgrimage holidays (23:13-19)
[again, how to properly worship God]

In other words, the few mitzvot that relate to how we are supposed to
worship God (*) 'envelope' the numerous mitzvot that explain how God
expects that we act (#).  However, those mitzvot that govern our behavior
also divide into two distinct groups.  The first group (or layer) focuses
on laws of justice that must be enforced by the court system - i.e.
MISHPAT; while the second group focuses on ethical behavior - i.e. TZEDKA
or righteous behavior.

BACK TO AVRAHAM AVINU!
If your remember our shiurim on Sefer Breishit, this double layered
structure - highlighting elements of both TZEDAKA & MISHPAT - should not
surprise us.  After all, God had chosen Avraham Avinu for this very purpose:
"For Avraham shall surely become a great and mighty nation, and a blessing
for all the nations of the earth.  For I have known him IN ORDER that he
may command his children and his household after him, that they may keep
the way of God to do TZEDAKA & MISHPAT [righteousness and justice]..." (see
Breishit 18:18-19, compare Breishit 12:1-3)

Now that Avraham Avinu's offspring have finally become a nation, and now
prepare to enter the land - they enter a covenant at Har Sinai.  Therefore,
the very first set of detailed laws received at Sinai focus on how the
nation of Israel is expected to keep and apply the values of "tzedaka &
mishpat" - in order that this nation can accomplish its divine destiny.

AN EDUCATIONAL PROGRESSION
Before we conclude, we should note yet another sequence that takes place
within these various subsections of laws.  As you review these various
sections, note how they follow a very meaningful educational progression:

I.  THE FEAR OF MAN
The first section (21:1 22:19) contains civil laws regarding compensatory
obligations, common to any civilized society (not unique to Am Yisrael).
These case-type laws are enforced by bet-din.  The fear of punishment by
the courts ensures the compliance of the citizenry.

II.  THE FEAR OF GOD
The next section (22:20 26) contains imperatives related to ethical
behavior, emphasizing specifically consideration for the less fortunate
members of society.  Given the difficulty of enforcing this standard by the
bet-din, God Himself assumes the responsibility of punishing violators in
this regard.

III.  LOVE FOR ONE'S FELLOW MAN
The final section of imperative civil laws (23:1 9) contains mitzvot
relating to an even higher moral and ethical standard.  In this section,
the Torah does not mention any punishment.  These mitzvot are preceded by
the pasuk "ve-anshei kodesh tihiyun li" (22:30) and reflect the behavior of
a "mamlechet kohanim ve-goy kadosh" (see 19:5-6).  When the civil behavior
of God's special nation is motivated not only by the fear of punishment,
but also by a high ethical standard and a sense of subservience to God, the
nation truly becomes a 'goy kadosh' - the purpose of Matan Torah (see
19:5-6!).

IV.  THE LOVE OF GOD
After creating an ethical society, the nation is worthy of a special
relationship with God, as reflected in the laws of shabbat, shmitta, and
'aliya la-regel' - 'being seen by God' on the three pilgrimage holidays
(see 23:10-17).

This progression highlights the fact that a high standard of ethical
behavior (II & III) alone does not suffice.  A society must first anchor
itself by assuring justice by establishing a court system that will enforce
these most basic civil laws (I).  Once this standard has been established,
society can then strive to achieve a higher ethical level (II & III).
Then, man is worthy to encounter and 'visit' God (IV).


ONE LAST PROMISE
Even though the 'mishpatim' and mitzvot end in 23:19, this lengthy section
(that began back with 'ko tomar...' in 20:19) contains one last section -
23:20->33 - which appears as more of a promise than a set of laws.  God
tells Moshe to tell Bnei Yisrael that:
"Behold, I am sending a mal'ach before you, to guide you and bring you to
... (the Promised Land).  ... for if you obey him [God's 'mal'ach'] and do
all that I say, I will be an enemy to your enemies and a foe to your foes.
For My mal'ach will lead you and bring you to [the land of] the Amorites,
Hittites, etc."  (23:20-23).  [See also 23:27-31!]

This conclusion points to the purpose of the entire unit.  By accepting
these laws, Bnei Yisrael will shape their character as God's special
nation.  Hence, if they obey these rules, then God will assist them in the
conquest of the Land.
Considering that Bnei Yisrael are on their way to conquer and inherit the
Land, this section (23:20-33) forms an appropriate conclusion for this
entire unit.  Should they follow these laws, He will help them conquer that
land, where these laws will help facilitate their becoming God's special
nation.

BACK TO BRIT SINAI
This interpretation can provide us with a beautiful explanation for why
Bnei Yisrael receive specifically this set of mitzvot immediately after the
Ten Commandments.
Recall God's original proposal to Bnei Yisrael before Ma'amad Har Sinai -
"should they obey Me and keep My covenant... then they will become a -
mamlechet kohanim ve-goy kadosh"   (see Shmot 19:5-6).  After the people
accept this proposal (see 19:8), they receive the Ten Commandments,
followed by the laws of the "ko tomar" unit.

    This can explain why Bnei Yisrael receive specifically these laws (of
the "ko tomar unit") at this time.  As these laws will govern the ethical
behavior of every individual in Am Yisrael and build the moral fabric of
its society, they become the 'recipe' that will transform this nation into
a "mamlechet kohanim ve-goy kadosh".
    Furthermore, they emphasize how laws that focus on our special
relationship with God, especially in relation to how we worship him - such
as the laws of the holidays, are only meaningful when rooted in a society
that acts in an exemplary fashion.
    Because these guidelines for individual behavior are 'enveloped' by
details of how to properly worship God, we can essentially conclude that
this entire unit discusses how the nation of Israel is expected to worship
God - for the manner by which we treat our fellow man stands at the center
of our relationship with God.
shabbat shalom,
menachem

=================
FOR FURTHER IYUN

A.  NISHMA VE-NA'ASEH!
Based on this interpretation, we can suggest a very simple explanation for
why Bnei Yisrael declare 'na'aseh ve-nishma' at the ceremony at Har Sinai
(as see 24:7).  [According to Ramban's approach that we keep 24:1-11 in its
chronological order.]
If indeed sefer ha-brit includes the unit from 20:19-23:33, then God's
promise to help Bnei Yisrael conquer the land should they listen to Him
(23:20-23:23) forms the most basic statement of this covenant:
"Ki im shamo'a tishma be-kolo, ve-a'sita kol asher adaber - For if you
listen to what He [the mal'ach] says, and do whatever I will speak... then
I will help you defeat your enemies..." (see 23:21-22).
One could suggest that it is in response to this phrase that Bnei Yisrael
declare:
na'aseh - in response to: ve-asita kol asher adaber;
ve-nishma - in response to: im shamo'a tishma be-kolo.
[Carefully read the middle section of Ramban's peirush to 24:3 where he
alludes to this interpretation.

[Note that even according to Rashi's interpretation that sefer ha-brit in
24:7 includes the laws at Mara, the final words of God's charge at Mara
(see 15:26) could provide the background for a similar explanation.  One
could suggest that Bnei Yisrael respond by saying na'aseh to ve-hayashar
be-einav ta'aseh and nishma  to "im shamo'a tishma..."!  Of course, this
could also relate to God's proposal in 19:5-6. ]

B.  Regarding to the order of NA'ASEH ve-NISHMA:
According to our explanation above, Bnei Yisrael should have said this in
the opposite order, i.e. nishma ve-na'aseh.  Relate this to Chazal's
question in the Midrash - "lama hikdimu na'aseh le-nishma", which applauds
Bnei Yisrael for first accepting the laws which they haven't yet heard.
[Relate to "et asher adaber"!]

C.  SOUND BYTES
Many of the mitzvot in Parshat Mishpatim from 22:26-23:19 could be viewed
as 'sound-bytes' for entire 'parshiot' that expound on these mitzvot in
Sefer Vayikra and Sefer Devarim.
1.  Attempt to find examples, e.g. 23:10 to Vayikra 25:1-8; 23:14 to
Devarim 16:1-17.
2.  Use this to explain the nature of Parshat Mishpatim.
3.  How does this enhance our understanding of the ceremony in perek 24?
Relate to 'sefer ha-brit'.
4.  Based on the above shiur, explain why Chazal interpret the law of
"va-avodo le-olam" (21:6) - when an 'eved ivri' agrees to work 'forever' -
as referring to the end of the seven cycles of shmitta, i.e. the 'yovel'
year - see Rashi 21:6 and Vayikra 25:8-11.

D.  AVOT & TOLADOT
We mentioned in the shiur that the mitzvot in Mishpatim can be understood
as 'toladot' of the Ten Commandments.  See Ibn Ezra's observation of this
point.  See also Abravanel.
1.  Attempt to find examples of dibrot V->X within the civil laws.
2.  Explain why the laws concerning the mizbeiach should be considered
toladot of "lo tisa et shem Hashem Elokecha la-shav."
3.  How does 'shem Hashem' relate to the concept of mizbeiach?
Relate to Breishit 12:8, 13:4, etc.
4.  How does 23:20-22 relate to this same idea of 'shem Hashem'?  - see
shiur below


THE 'TOLADOT' OF THE 'DIBROT'   [a mini shiur]
In the following mini-shiur, we discuss once again the progression of
mitzvot in the "ko tomar" unit, but this time from a different perspective.
Just as we have shown how these mitzvot follow an 'educational
progression,' we will now show how (and why) they follow ('more or less')
according to the order of the Ten Commandments.
Let's begin by showing how the opening section of mitzvot in this unit
(i.e. 20:19-23 / the 'bein adam la-Makom' mitzvot) can be viewed as
'toladot' (sub-categories) of the first three Commandments:
 *1.  20:19
"You have seen how I have spoken to you from heaven" - thus emphasizing
belief in God's hitgalut at Har Sinai.  This could be considered parallel
to the first 'dibur' - "Anochi Hashem Elokecha asher hotzeiticha..."
 *2.  20:20
"Don't make [with] Me gods of gold and silver..." - This prohibition of
idol worship is obviously parallel to the second 'dibur': "lo yihiyeh
lecha..."
 *3.  20:21-23
"An earthen mizbeiach you shall make for Me...." - Even though this
parallel is not as obvious, this commandment concerning how to build a
mizbeiach may be compared to the third 'dibur': "lo tisa et shem..." - not
to mention God's Name in vain.  The parallel can be based on our study of
Sefer Breishit where we saw how the mizbeiach forms an avenue by which
Avraham declared God's Name to make it known to others.  [See Breishit 12:8
and 13:4 and Ramban on 12:8.]

As Parshat Mishpatim continues this "ko tomar" unit, we can continue to
find additional parallels to the remaining dibrot.  Just as we found
'toladot' of the first three 'dibrot', so do we find 'toladot' of the
fourth commandment - i.e. 'shabbat'.  In fact, both the opening and closing
sections of the mitzvot relate to shabbat.  The opening mitzva, the law of
a Hebrew servant (21:1-6), is based on the concept of six years of 'work'
followed by 'rest' (=freedom) in the seventh year.  The closing mitzvot of
'shmitta', shabbat, and 'aliya la-regel' (23:10-19), are similarly based on
a seven-day or seven-year cycle.
In between these two 'toladot' of shabbat, we find primarily 'mitzvot bein
adam le-chavero' (21:1->23:9), which can be considered 'toladot' of the
fifth through tenth Commandments.
The final section, describing God's promise to help Bnei Yisrael conquer
the land should they keep these mitzvot, continues this pattern in
descending order:
23:20-23 The mal'ach with "shmi be-kirbo" -> III. "lo tisa"
23:24 - Not to worship their idols -> II. - "avoda zara"
23:25 - Worshipping God and its reward... -> I. Anochi

This structure, by which the 'mitzvot bein adam la-Makom' that govern our
relationship with God (I->IV) serve as 'bookends' enclosing the mishpatim
[the civil laws and ethical standards regarding one's relationship to
fellow men (V-X)], underscores an important tenet of Judaism.  Unlike pagan
religions, man's relationship with other people constitutes an integral
part of his unique relationship with God.

YITRO / MISHPATIM  - A CHIASTIC STRUCTURE
The following table illustrates how this progression of the  mitzvot
according to the dibrot helps form a chiastic structure, which encompasses
the entire unit from Shmot chapters 19->24.
Note the chiastic A-B-C-D-C-B-A structure that emerges:
A.  Brit  & the dibrot at Har Sinai (19:1-20:18)
| B. Mitzvot   I, II, III (20:19-23) ['bein adam la-Makom']
| | C. Eved Ivri (IV) [21:1-> 'bein adam le-chavero']
| | | D. Misc. civil laws (V-X) / causative & imperative
| | C. Shmitta, shabbat, regalim (IV)
| B. Mitzvot - III, II, I    (23:20-33) ["bein adam la'makom"]
A. The 'Brit' of 'na'aseh ve-nishma' at Har Sinai and Moshe's
ascent to receive the 'luchot' containing the 'dibrot'.

A chiastic structure (common in Chumash) usually points to a common theme
and purpose of its contents.  In our case, that theme is clearly 'Ma'amad
Har Sinai'.  This unit of 'Ma'amad Har Sinai' (Shmot 19->24) continues the
theme of the first unit of Sefer Shmot (1->18), the story of Yetziat
Mitzrayim.
We conclude our shiur by relating this structure to the overall theme of
Sefer Shmot, as discussed by Ramban in his introduction to the sefer.
As we explained, Yetziat Mitzrayim (our redemption from Egypt) constituted
the first stage in God's fulfillment of brit avot.  Now, at Ma'amad Har
Sinai, Bnei Yisrael enter a second stage, as they collectively accept God's
covenant and receive the Torah (brit Sinai).  These laws, especially those
of Parshat Mishpatim, will help form their character as God's special
nation - in order that they can fulfill the final stage of 'brit Avot' -
the inheritance of the Promised Land and the establishment of that nation.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mail.atlchai.org/pipermail/par-reg/attachments/20190131/60285c3d/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: mish2.pdf
Type: application/pdf
Size: 57734 bytes
Desc: not available
URL: <http://mail.atlchai.org/pipermail/par-reg/attachments/20190131/60285c3d/attachment-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: mish2.doc
Type: application/msword
Size: 82944 bytes
Desc: not available
URL: <http://mail.atlchai.org/pipermail/par-reg/attachments/20190131/60285c3d/attachment-0001.doc>