בס”ד
A THOUGHT ABOUT PARSHAT MISHPATIM 5785
THE HOLINESS OF LAWS
This week, we read in the Torah the parasha Mishpatim Exodus 21:1
| 1 Now these are the ordinances which thou shalt set before them. | א וְאֵלֶּה, הַמִּשְׁפָּטִים, אֲשֶׁר תָּשִׂים, לִפְנֵיהֶם. |
The word Mishpatim refers to legal provisions and regulations covering various aspects of daily life, from civil and ethical to ceremonial matters. While at first glance, these laws may seem like mere practical rules, Rashi’s comment shows that the Torah teaches that they have a foundation as holy as the Ten Commandments.
But why is this important? What makes these laws unique compared to, for example, modern, democratically established legislation?
Holy Laws vs. Human Logic
Rashi, explains that the words “And these are the judgments” (וְאֵלֶּה הַמִּשְׁפָּטִים) in Exodus 21:1 signify something crucial. “Wherever אלה (‘these are’) is used, it cuts off (פוסל) the preceding section from that which it introduces. But when וְאֵלֶּה (‘and these’) is used, it adds something to the former subject, forming a continuation of it.” So, Rashi teaches that this verse is continuing from the Ten Commandments in Parasha Yitro (Exodus 20:1), signifying that these laws (Mishpatim) are just as sacred as the Ten Commandments.
This understanding highlights that the laws of the Torah form an indivisible unity: both the Ten Commandments (עשרת הדברות) and the Mishpatim come from the same Divine source. They are not two separate categories of law—one holy and the other less so—but both are equally sacred.
Psalm 147:19 confirms this relationship:
| 19 He declareth His word unto Jacob, His statutes and His ordinances unto Israel. | יט מַגִּיד דְּבָרָו לְיַעֲקֹב; חֻקָּיו וּמִשְׁפָּטָיו, לְיִשְׂרָאֵל. |
| 20 He hath not dealt so with any nation; and as for His ordinances, they have not known them. | כ לֹא עָשָׂה כֵן, לְכָל-גּוֹי– וּמִשְׁפָּטִים בַּל-יְדָעוּם: |
This unity is also reflected in the structure of Parashat Yitro and Mishpatim. In Yitro, the Ten Commandments are given (Exodus 20:1), and in Mishpatim, the ordinances follow. Additionally, Mishpatim concludes with the reception of the Torah (Exodus 24:10), metaphorically enclosing these laws within the Ten Commandments.
Since the Mishpatim are enclosed within the Ten Commandments, they share the same sanctity. This distinguishes them from the laws of other nations, which do not possess this holiness.
Alshich’s Perspective: Torah Elevates Us
Alshich further explains that someone may study law, but this does not necessarily make them a better person. In contrast, when one learns the laws of the Torah, they are connecting to G-d and becoming spiritually elevated. While nations of the world may establish laws based on logic, these laws lack a foundational moral and ethical base.
For example, the Torah prohibits murder, but human logic could lead a society to democratically decide that people over a certain age, such as 80, are “too costly” to keep alive. Human laws, rooted in societal reasoning, change over time based on circumstances, but the Torah’s laws remain unchanging, eternally valid, and independent of human logic or shifting societal norms.
This is because there are two kinds of statutes:
- Statutes that create life—these are Divine laws, like the Torah, which are absolute and eternal.
- Statutes created by life—these are human laws, shaped by circumstances and varying from society to society.
As Hayom Yom (22 Shvat) states:
“The A-lmighty’s Torah is a G‑dly law that creates life. G‑d’s Torah is the Torah of truth, the same in all places, at all times. Torah is eternal.”
This distinction highlights why the Torah’s laws are fundamentally different from human-made laws—they do not evolve based on societal trends but remain the unchanging foundation of truth and morality.
The Seven Noahide Laws: A Divine Commandment
It is crucial for those who follow the Seven Noahide Laws to do so because G-d has commanded them in the Torah and passed them down through Moses. Only then do these laws hold the moral and ethical foundation that is unchanging and cannot be altered based on human logic. Rambam (Maimonides) in Laws of Kings, Chapter 8, law 11 explains that this adherence to G-d’s commandments makes those who follow these laws “the pious among the nations.”
Because the laws of non-Jews are often based on human logic rather than divine Torah, Rashi (from Talmud Gittin 88b) also teaches that Jews should not bring their cases before non-Jewish judges. The true legal authority lies within the Beit Din (Jewish court), as Jewish judges understand the laws of G-d, and G-d will help them render the correct judgment.
The Commandment to Establish Courts
One of the Seven Noahide Commandments is the establishment of laws and courts (Rambam, Laws of Kings, ch. 9, law 14). This commandment is not merely a logical necessity but a divine mandate. While human reasoning may recognize the need for a legal system to maintain order and morality, its foundation lies in G‑d’s command, not in societal logic.
Moreover, it is essential for upholding the other six Noahide commandments, ensuring that they are observed and enforced within society. Without such a system, society could descend into lawlessness, with people killing, stealing, and harming one another.
Conclusion
The Mishpatim and all Torah laws are not merely rules, but holy commandments that come directly from G‑d and connect us to the divine. While human laws change based on logic and circumstances, the laws of the Torah are eternal and unchanging. This applies not only to Jews but also to the nations of the world, who are required to follow the Seven Noahide Laws. These laws, given by G‑d, form the foundation of ethics and morality, offering a framework for justice and order that distinguishes them from human-made laws.
By Angelique Sijbolts
With thanks to B. Yaniger for the inspiration and feedback Rabbi Tuvia Serber for his feedback
Sources
Netivot Shalom and Alshich about Parasha Mishpatiem
See also WHO IS AUTHORIZED TO ORDAIN NOAHIDE JUDGES? See also the article of AskNoah: Who is authorized to ordain Noahide judges?
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