Parashat Mishpatim starts with the admonition ( 21:1 j:’ואלה המשפטים: And these are the ordinances which you shall set before them’.
Rashi comments:’And these are the ordinances’: Whenever it says ‘these’, it is used to separate from that which has been stated previously. Where it says ‘and these’, it means that it is adding to what has been previously stated.
‘Just as what has previously stated’ - namely: the Ten Commandments - were from Sinai, these too were from Sinai.’
Rav Zalman Sorotzkin posits, based on this Rashi, :’every parsha should have begun with ‘And these..’, as all were said from Sinai?!
‘It therfore needs to be said, that the ordinances were needed, as Bnei Noach were also commanded regarding them - though only in a general sense, meaning: that they were commanded to appoint judges over them, to judge between man and man, according to the rules and ordinances of the nation that are promulgated by their elders and their ministers, to prevent disputation and taking by force.
‘It might, therefore, have entered our minds, that the ordinances of Israel were established by Moshe and the elders in the same manner.
‘Therefore, the ordinances were preceded by ‘and these’, to teach, that all these ordinances, in all their details, were the ordinances of Hashem, that were given to Bnei Israel from Sinai.
‘This is what is said: (Ps’ 147:19-20 )’He relates His word to Yaakov, His statutes and His ordinances to Israel. He dd not do so for any other nation; such ordinances - they know them not’.
‘Although He commanded them as to ordinances, but - they knew ‘them not.’
The Be’er BaSadeh - on this Rashi - elucidates :’Do not query that, had it said ‘these’, without the letter ו:’vav’, we would not have been possible to ‘separate’ that which preceded it’, and said it was not from Sinai’, to ‘disqualify’ that which was said before this, as this clearly is not possible to say that the Dibrot (ten commandments) were ‘’disqualified’, and not said at Sinai.
‘Rather, we would have said that the ordinances which it referred to were the ordinances which were said at at Marah’ - ( Beshalach 15:25 j : ‘There He gave them חק ומשפט: a statute and an ordinance, and there He tested them’ - as a preparation for the Torah AND the ordinances, that they would receive at Sinai.
Sforno expounds:’’And these ordinances’: In the preceding parsha’ - Parashat Yitro - ‘we were warned:’Do not covet that’ which belongs to your neighbor ( 20:14 ) - by ‘these ordinances’, one will know what is ‘whatever belongs to your neighbor’.’
Ramban also understands that the allusion is the the Ten Commandments:’Set before them’: Hashem wanted to first give them ordinances, since the first of the Ten Commandments was the knowledge of Hashem, and the second, the prohibition of idol worship, He returned to what He commanded Moshe there: ( 20:19 )’You have seen that from the heavens I have spoken with you’, He adjured them again, that they should place on their hearts that which they saw, and be careful in these mitzvot that I have commanded them, because ‘you saw’ - as against the Dibur: אנכי: ‘I..’, and ‘You shall not make images..’ , to complete the matter of idol worship; and ‘and these are the ordinances’, against ‘Do not covet’, as, should a person not know the ordinances of another’s house and field, and other possessions, he might come to think that it was his, he might covet it, and take it for himself.
‘He therefore said:’Set before them’, righteous ordinances by which to govern their relations between themselves, and not come to covet that which is not rightfully, theirs.
‘This is also what is said by the Baal’ei Midrash:’The whole of the Torah is dependent on the ordinances, and this is why Hashem gave the ordinances after the Ten Commandments - and in a similar manner, the rest of the Ten Commandments are to be expounded.’
Rav Eliyahu Shlezinger raises the question which arises from this injunction:’Clearly, the mitzvot between man and the Creator, we only perform because they were given at Sinai - only because Moshe received the Torah from Sinai, we are able to observe these mitzvot.
‘However, the mitzvot between man and man, especially as to damages and relations between neighbors, can also be found amongst the nations - every society enacts ordinances to regulate relationships and life in their midst, as were this not the case, the strong would swallow the weaker, and the ‘rule of the jungle’ would prevail.
‘Why, then, in these matters, was it necessary that they be given at Sinai - could it not have been left to the majority in each society to determine what ordinances should apply,
‘The answer is that all the ordinances by which the Creator conducts these matters - in the area between man and man - originate in Sinai - the rules governing relationships and life between neighbors, and partners, also the laws of damages, of loans.
‘Only through their observance, does the world fulfill its destiny - including those matters which appears to be in the natural order of things.’
Rav Chaim Friedlander begins his commentary, by defining מצוות: ‘The ordinances are the mitzvot the reason for which we understand, such as: the ordinances concerning damages to another, theft and the like, that our moral compass leads us to abstain from damaging others, or stealing their money - this is contrasted with חוקים: statutes, the reason for which, we do not understand, but which we also fulfill because we were so commanded at Sinai
‘Our Sages expounded that:’Just as the earlier ones were from Sinai, so too, these were from Sinai’- that the mitzvot whose reasons we understand, we obey, not because we understand the reason for them - had we not understood the reason for them, we would still have obeyed them, as this was the will of Hashem from Sinai.
‘When Hashem came to offer the Torah to each nation, Bnei Israel alone, did not ask:’What is in it’, as, in so asking, the nations clearly did not want to accept on themselves obligations that were not to their liking.
‘Bnei Israel’s greatness was not only in that they did not ask:’What is written’ in this Torah, but that they said נעשה ונשמע: ‘we shall do, and we shall hear’ - meaning: by the force of preceding ‘to do’, to ‘to hear’, even after ‘we will hear’, they do not perform the mitzvot because they understand the reason for them, but they perform them because of their commitment:’We shall do’ - the ‘and hear’ is only in the nature of learning the reasons for them mitzvot, that Hashem has revealed to us.
‘From what we have said, the Wil of the Creator in regard to the משפטים: the ordinances, is that we perform them only because that is His Will - that is why it is especially said with regard to their observance:’’just as the first ones are from Sinai, so too, these are from Sinai’, meaning: the reason for their observance is not because our soul is revolted from performing them, but rather, that he had a desire to commit the transgression, but abstains, because he was so commanded from Sinai.’
The Netivot Shalom offers a different understanding of our psukim, expounding that:’Our Sages - Midrash Tanchuma - teach that Hashem yearned to have a dwelling on this world, and in the parshiot of Sefer Shemot we find the things that will lead to this occurring - the first being the exodus from Egypt, when Bnei Israel were chosen, being called:’My first-born son’, to fulfill Hashem’s wish, choosing to dwell in their midst.
‘The continuation was in their acceptance of the Torah, as through this principally, Hashem’s wish is fulfilled - by this world being conducted according to the Torah and the Ten Commandments.p
‘Parashat Mishpatim is the continuation of this, as, since Hashem is all Emet - this being His seal - it was not possible for there to be a dwelling for Him, in the midst of falsehood - therefore Hashem gave the parsha of Mishpatim, so that the world of falsehood should be conducted according to Hashem’s ordinances of truth.
‘The sanctity of the ordinances is not because they are true according to our intellect, but because they are the sayings of our King, Emet - unlike those that the nations conjured up from their minds, but because the ordinances of the Torah are the Word of Hashem.
‘When three sit in judgement, the Shechina is in their midst, so that, that which they decide is the Word of Hashem - not just true according to our intellect, so that, in so doing, they are partners of Hashem in Creation, as they thereby fulfill the wish of Hashem in Creation, to have a dwelling in this lowly world, as by their judgement, the word of Hashem is found in this world - not so when the judgement is based on the intellect of the judges, as this is opposed to the Torah, even if it be true, as the Torah requires that the judgement be solely because it is the word of Hashem.
‘For this reason, the Torah wrote the parsha of Mishpatim in the middle of the parsha of the acceptance of the Torah and the Ten Commandments, as it is the continuation of the Ten Commandments - alll being one matter, this being the objective of Hashem yearning to have a dwelling in this world - that by their judgement Mishpatim which are the words of Hashem, there will be a place of Emet in this world of falsehood.’
Rav Yosef Salant brings a beautiful exposition, which crowns our enquiry, commenting:’When we closely examine the ordinances in our parsha, we will conclude that, though they are called ‘ordinances’ - the purpose of which we understand - to ensure that each one receives that which is rightfully his, and equally, determines what rightfully belongs to someone else - we see that in several of these Torah ordinances, there is an obligation to forego that which we would have thought belonged to a person, in favor of others.
‘By way of example: the Jewish slave: by our intellect, we would have thought that the ordinance should be, that the master should have a full and free hand as to the use of the slave - as he is now his property - without limitation of time, or use.
‘Yet we find in our parsha, that we are not to subjugate the slave for more than six years - less if the Jubilee falls in the middle of that period - and then release him.
‘Further, we are not to impose on him demeaning tasks - and even more surprising, by our logic, that the master is obliged to sustain the wife and the children of the slave, and that his food and all his matters, are to be at the same level as the master, so much so, that our Sages conclude:’One who acquires a slave, acquires a master for himself.’
‘We would conclude, that these ordinances are not justice, but rather, acts of charity - as any outsider would conclude when hearing of them.
‘This, however, was not the case with Bnei Israel who stood on Har Sinai, where their impurity ceased, they shed their bodily casings, and rose to the level of ministering angels, able to accept these ordinances as true judgement - not as charity.
‘Therefore, as soon as they ascended to this level, Hashem said to Moshe: ‘You can now place these ordinances before them, like a laden table’, as they will accept, and obey them.
‘We can now also offer an understanding of the verses we brought:’’He relates His word to Yaakov’: the Ten Commandments - ‘His statutes and ordinances to Israel’: these enactments in our parsha, which had previously been like statutes without meaning, now were ordinances, which were fully understood, and accepted.
‘This, however, was only ‘to Israel. He did not do so for any other nation - they knew them not.’
May we add: There would have been no point in them knowing them- as, they, not having stood on Har Sinai, and been purified - as Israel has been - would not have been able to accept them ass ‘ordinances’ which they could accept in their minds, but only as ‘statutes’, the reason for which, was beyond them.
Further, this is why - the verse refers to ‘HIS’ - Hashem’s - ‘statutes and ordinances’, to distinguish them from our understanding of ‘ordinances’.
A parting gem from Rav Shlomo Kluger:’The Midrash says: Hashem said: I have given you the Torah - if you accept the ordinances, well and good; if not, I will take away My Torah’.
‘The Midrash is not clear as to what one has to do with the other.
‘It would appear that Torah can only be acquired if there is peace - when there is unity and peace in Israel, then we acquire Torah, as we read at Matan Torah:’ Bnei israel were ‘as one man with one heart’, and thereby merited to receive the Torah.
‘This, too, is what the Psalmist said: (29 ):’Hashem shall grant (power) עז to His people, the Lord shall bless His people with peace’ - עז is Torah.
‘Peace can only be, by the judge making peace between men in dispute.
‘We find, therefore, that it was well said - by Hashem - that ‘if you accept the ordinances, there will be peace amongst you, and you will then merit to acquire the Torah’ - whereas, if you do not accept the ordinances, there will not be peace, and, in its absence, there is nought, and you will not acquire Torah.’
לרפואת נועם עליזה בת זהבה רבקה ונחום אלימלך רפאל בן זהבה רבקה, בתוך שאר חולי עמנו.