MISHPATIM – Exodus XXI – XXIV

From any perspective, it is indisputable that the Ten Commandments, which are part of an earlier chapter, constitute Western civilization’s foundation. Almost every activity in either the spiritual, social, political, scientific, and cultural field has been influenced by this magnum expression of the Brit, the essential commitment of the human being to himself, his fellowmen, and God. 

Modern science, which is based on experimentation and verification of theory, is also influenced by the notion of a single God that the first commandment proclaims. Although all phenomena cannot be reproduced in a laboratory (for example, in the field of astronomy), the possibility of repeating an experience is fundamental to science. 

The philosophical basis for such a hypothesis is the assumed existence of common laws or an order in the universe that ensures that the same cause will always produce equal effects. The notions of arbitrariness and whim advocated by sorcery and idolatry do not allow the conception of a world to which mathematical models can be applied. In a way then, monotheism creates the ground conducive to the development of science and technology which are mainstays of our civilization.

This week’s reading begins with the words, veele hamishpatim,” and these are the ordinances,” on which our Chachamim comment, noting that the conjunction “and” serves to unite these laws with those that were enacted earlier. The standards set out in an earlier chapter are the Ten Commandments. Therefore, just as God announced the Ten Commandments on Mount Sinai, these sages contend, so were also the laws that follow them. Consequently, there really is no hierarchy in the Jewish tradition about mitzvot because they have a common origin. The Ten Commandments have no more outstanding obligation than any other ordinance. Mitzvot have equivalent validity and importance.

The first considerations of our reading refer to slavery. The Torá contemplates slavery at the historical moment when this human condition prevailed. But the Torah legislates slavery in such a way that, according to the interpretation of the Talmud, mi shekana aved, kana rabo leatsmo ,which means. Whoever acquires a slave effectively obtains a master.

The interpreters of the Talmud suggest that sometimes the comfort of the slave takes precedence over his master. For example, if there is only one pillow in the home, the master cannot use it, because in that eventuality his slave would sleep in inferior conditions. Denying everyone the use of the pillow amounts to behavior worthy of the city of Sedom, since it is the ultimate expression of egocentrism, and let us remember, that it was destroyed because of its immorality. Therefore, the right thing to do in this case would be to give the only pillow to the slave.

Hebrew slavery, which in practice was a kind of servitude, lasted 6 years. The seventh year was the slave’s Shabbat and he was released. The land also had its Shabbat, the year of Shemita. For the space of 6 years, the earth was tilled, and the seventh was the year of rest. Modern agriculture also considers the “tiredness” of land that wears out after a certain number of years of being sown. But, points out the Torah, if the slave claims ahavti et adoni, et ishti veet banai; “I love my master; my wife (the female slave granted to him by the master), and my children,” and he, therefore does not wish to choose freedom, then he passes through a special ceremony. 

The master leads the slave to a court of law, where under the threshold of a door the master makes a hole in his ear, (as a sign) that he would remain a slave “forever”. According to the Talmud, the word”always” should not be understood, in this case, in its usual accepted meaning, because all slavery ends invariably with shenat hayovel, the Jubilee year. The “Jubilee Year” was proclaimed every 50 years and is governed by some particular rules. These rules included freedom for all slaves.

The Torah considers the existence of polygamy. In the course of the history of the Jewish people, this practice did not spread widely. Having many wives does not appear a reality of daily life in the time of the Talmud. In the 11th century, Rabenu Gershon Maor Hagolah and his Beit Din (religious court) proclaimed a cherem, a ban or anathema, prohibiting marriage to more than one woman. The Ashkenazi world (Jews basically from Europe) accepted this takanah, this edict.

There were some polygamy societies in the Sephardic community (from Asia Minor, North Africa, and some European communities), such as in Yemen. With the creation of the State of Israel, the adoption of a single regulation became necessary. The Solomonic solution was to allow each to practice as was their usage in the country of origin. So whoever came from Yemen could continue to live with the wives he had previously married. However, once based in Israel, he could not marry an additional wife.

Referencing a young woman who is sold as a slave, the Torá points to the essential obligations of every husband with regard to, sheera, kesuta veonata,“food, clothing and intimate relations”. The text mandates that when taking an additional wife, the duty stipulated for the original wife cannot be diminished and that the husband must fulfill these 3 essential obligations. In Judaism, then, a wife can demand intimate relations with her husband. The Talmud adds, that a woman should be subtle when suggesting her sexual desires to her husband. (In Bereshit we read that Rachel gave Lea her marital bed with Yaacov for one night, in exchange for some fruits, dudaim, which Reuven, the firstborn of Lea, would bring from the countryside).

Our text is very dense by the numerous laws it contains. One of these rules mandates that, in the event of a quarrel, should a pregnant woman be beaten and thereby lose her child, there are liable damages. The law is nefesh tachat nafesh,“a human for a human”, which means that when human life is extinguished, the punishment is the death sentence. Since material compensation is required in the above case, the exhibitors of the biblical text conclude that in the Torah’s conception the fetus is not regarded as a complete human being. This conclusion will serve for various considerations on abortion, a topic of great topicality in modern society.

Our chapters contain the famous quote, ayin tachat ayin, shen tachat shen; “an eye for an eye, a tooth for a tooth”, which has served to point out that Judaism is excessively severe. In reality, Judaism preaches justice as a primary imperative and puts it before other considerations, such as love. The Talmud’s opinion, “an eye for an eye” should be understood as the obligation to compensate an aggrieved man for blinding him. Of course, to estimate the “material value” of an eye presents an enormous difficulty.

Among the opinions considered by the Talmud, but rejected, suggests that exactly “an eye for an eye” must really be practiced. Some suggest that this is the correct justice, but, they add, it is impossible to administer justice in that way because everyone’s eye has a different value. Therefore, the one adopted is material compensation.

Rabbi Soloveitchik famously responded to the question, If the Torah means compensation? Why doesn’t the Torah say so? “monetary compensation for an eye.” The Rav replied that the Torah is telling us that to purposely maim someone, to sever a member of his body is a despicable act, including an affront to a human being’s dignity. Some could then say: Ok, I will pay for the damage done. The Torah is warning us that one should extract an eye for an eye in reality, but we do not do it. But on the other hand, no one should take lightly the offense, the hurt, and damage done by maiming a fellow man.

MITSVA: TORAH ORDINANCE IN THIS PARASHA

CONTAINS 24 POSITIVE MITSVOT AND 29 PROHIBITIONS

1. 42.Exodus 21:2 Laws Concerning a Hebrew Slave
2. 43.Exodus 21:8 Marital status of a Hebrew slave
3. 44.Exodus 21:8 Redemption of a Hebrew slave
4. 45.Exodus 21:8 Whoever buys a Hebrew slave from his father will not be able to sell it
5. 46.Exodus 21:10 Do not diminish or deny the wife: food, clothing, marital rights
6. 47.Exodus 21:12 The court must execute by strangulation the one who deserves this form of death
7. 48.Exodus 21:15 Do not hit the father or mother who deserves this form of death
8. 49.Exodus 21:18 Punishment Laws
9. 50.Exodus 21:10 The court must execute by the sword the one who deserves this form of death
10. 51.Exodus 21:18 Court obligation to award damages caused by domestic animals
11. 52.Exodus 21:28 Do not eat from the ox sentenced to be stoned
12. 53.Exodus 21:33 Obligation of the court to award damage caused by a well
13. 54.Exodus 21:37 Court required to impose payment on the thief
14. 55.Exodus 22:4 Court required to impose damage caused by a pet by pasting or trampling
15. 56.Exodus 22:5 Court required to award fire damage
16. 57.Exodus 22:6 Court required to award payment to a custodian
17. 58.Exodus 22:8 Court required to award both litigants
18. 59.Exodus 22:9 Court required custody of payments or other custody
19. 60.Exodus 22:13 Court required to adjudicate the case of the person borrowing an item for use
20. 61.Exodus 22:15 Court required to adjudicate the case of a seducer
21. 62.Exodus 22:17 Not allowing sorceress to live
22. 63.Exodus 22:20 Do not verbally oppress the one who converts to Judaism
23. 64.Exodus 22:20 Do not deceive the one who converts To Judaism in cases of property
24. 65.Exodus 22:21 Do not mistreat an orphan or widow
25. 66.Exodus 22:24 Lending the poor
26. 67.Exodus 22:24 Do not insist on the payment of the debt to the poor who have no resources to pay
27. 68.Exodus 22:24 Do not help the lender or creditor execute an interest loan
28. 69.Exodus 22:27 Don’t curse the judge
29. 70.Exodus 22:27 Don’t curse the Name of God
30. 71.Exodus 22:27 Don’t curse the ruler
31. 72.Exodus 22:28 Do not set aside tithing in the wrong order
32. 73.Exodus 22:30 Do not eat from an animal treifah
33. 74.Exodus 23:1 Do not hear a plea in court if the opposite litigant is not present
34. 75.Exodus 23:1 The sinner should not bear witness
35. 76.Exodus 23:2 A capital punishment case should not be convicted by a single judge majority
36. 77.Exodus 23:2 The judge who argues innocence in the case of capital punishment should not then argue culpability
37. 78.Exodus 23:2 Follow the majority in legal decisions
38. 79.Exodus 23:3 No mercy should be shown for the poor during the trial
39. 80.Exodus 23:5 Remove a heavy load from neighbor’s animal
40. 81.Exodus 23:6 Do not pervert justice in the case of a sinner
41. 82.Exodus 23:7 Not to decide on a capital punishment case by way of probabilities
42. 83.Exodus 23:8 The judge should not receive bribery
43. 84.Exodus 23:11 The obligation of Shemita, to leave the product of the land without an owner in the Sabbath year (seventh year)
44. 85.Exodus 23:12 Rest on Shabbat
45. 86.Exodus 23:13 Do not swear by summoning an idol
46. 87.Exodus 23:13 Do not lead the Jewish people to idolatry
47. 88.Exodus 23:14 Bring offerings to the Holy Temple on the festivities
48. 89.Exodus 23:18 Do not make the offering of Pesach while still possessing chamets
49. 90.Exodus 23:18 Not allowing parts of Pesach’s offering to remain for the following morning
50. 91.Exodus 23:19 Bringing the Bikurim (first fruits) to the Temple
51. 92.Exodus 23:19 Do not cook meat in milk
52. 93.Exodus 23:32 Do not deal with the 7 nations to be eradicated from the Land of Israel, nor with idolaters
53. 94.Exodus 23:33 Do not allow idolaters to settle in the Land of Israel