Torah: Mishpatim (Rulings) Sh’mot (Ex) 21:1-24:18
Haftarah: Yermeyahu (Jeremiah) 348-22; 33:25-26
B’rit Hasashah: Mattityahu (Matthew) 5:38-42; 15: 1-20; Mark 7: 1-23; Acts 23:1-11; Messianic Jews (Hebrews) 9: 15-22; 10:28-39
Gute Shabbos-A Little Humor:
The famous judge from Chelm, Shofet, insisted that justice be done, no matter what the consequences. One day the ritual slaughterer in the town was caught red-handed stealing some money. At this trial, the townspeople all showed up. If the ritual slaughterer were found guilty and sent to jail, the people would have no more meat to eat. Judge Shofet could see that the people were in no mood for justice, so he declared, “It is true that our ritual slaughterer is too valuable to our community to be sent to jail. But justice must be done. And, since we have two shoemakers in town, and we only need on, I decree that one of the shoemakers will be sent to jail instead!’
Ah, how we humans pervert justice. Yet, here I see a type of Yahshua who took on our penalty in YHVH’s holy demand of justice.
Parsha:
Moshe writes the Sefer haB’rit (The Book of the Covenant) and spells out ways to arrive at mishpatim (rulings). This parasha begins: “V’eleh ha mishpatim asher tasim lifneihem” (and these are the rulings you are to set before them)”. Please notice that the above first verse of this section says “these rulings” are to be “set before” the people not “commanded” or “spoken” (Ex. 21:1). These rulings are rather given as a guide to add enforcement provisions to the PRINCIPLES of Aseret haDibrot (the Ten Words-Ten Commandments).
All civil rulings evolve in an enforceable code of law from decisions based on case law. Case law is fluid meeting different and evolving conditions brought about by changing society. Precedents are decisions flowing from the original Principle that is cited in arriving at a decision in individual cases.
Take the biblical principal of “eye for eye and tooth for tooth.” If taken literally there would be many maimed persons running about as a result of this law. Rather, it is an abstract legal formula meaning “fair compensation,” which is a ruling derived from case law. We see this principle of Shen v’ayin (tooth and eye) addressed in Exodus 22:5 (4). Here, cattle have grazed on another’s property doing damage. Since everyone should know that straying cattle graze and trample, the situation is treated as if the owner of the cattle had been forewarned. This ruling is found in (Bav. Kam. 1-3; Gittin 85). Therefore restitution is always required for wrongs committed. It is never enough to ask for forgiveness and them move on. Here the damages may have arisen from unintentional harm, but Torah demands that the owner pay back not only measure for measure, but from the choicest of his fields’ thereby bringing into case law the principle of “pain and suffering” caused.
What about the guilty who go free because of a ruling? YHVH has commanded strict standards for applying the rulings and required that holy behavior should accompany attitudes toward authority figures whether they are judges or leaders (Exodus 22:28). Because the judges or leaders job makes him vulnerable to the curses of those whom he rules over or against, even if he has erred and miscarried justice (unintentionally) he is not to be cursed. Here, the creditor is exhorted to remember, lo t’kalel (do not curse or honor lightly). The judiciary must apply high standards of evidentiary proof to ensure a guilty verdict and human error guarantees that some wicked will escape and others who are innocent will not get justice in court. As we know but seldom internalize HE promises to repay the wicked that escape judgment from the court (Exodus 23:7). So we see that there were those appointed to enact case law from the principles spoken at Mt. Sinai according to YHVH’s instructions. And that they would sometimes err.
Derived from this portion is the fact that YHVH Elohim instituted a system of judiciary to pass rulings upon case law presented to them. These rulings should derive from YHVH’s principles found in His Torah. What is important to understand from this is that there is a place for Talmudic rulings when applied honestly in the veneer of YHVH’s plan. That is in the ever-evolving civil and social environment. YHVH recognized the necessity of addressing problems arising from civil and criminal behavior. The problem arose when rulings took precedent over the Principles (Law-Torah) of YHVH Elohim. When rulings superceded YHVH’s Torah or even contradicted it. Mankind civilly and religiously has abused YHVH’s system of government and order. When rulings become more important than the principles upon which they are founded we transgress YHVH’s Torah. When men began to overlay YHVH’s Torah with their own law they changed the intent and meaning of it. They negated it and abused it to their own damnation temporarily and eternally. Unfortunately, many suffer as a result, never receiving Torah in its true and unblemished light. Even more, these men take upon themselves god like qualities placing themselves above YHVH and His Torah claiming authority to do so.
In the Bible Yahshua and Sha’ul both refer to this as the “Traditions of men (Oral Torah),” which had made the “law of G-d” to none effect.” We see this not only in ancient and modern Judaism, but in historical and modern Christianity as well. YHVH’s Torah, “Living and Written” is the eternal foundation stone of this universe. Unfortunately, mankind has done much damage to it. Some by declaring it an invalid system only for the ancients and others by assaulting it with their multitudinous rulings that pervert the ideals of His Justice expressed in His Torah.
Halftarah Connection: Yermeyahu (Jeremiah) 34:8
The first law given in the Parasha is about purchasing an Israelite slave. The Torah emphasizes that an Israelite must be released after six years.
In our Halftarah, Tzidkeyahu, the king of Yehuda (Judah), tells the nation to free all the slaves. The decree is given right after an enemy withdraws, and all the Jews have a renewed sense of freedom. But the owners of the slaves soon forcibly take back their slaves.
YHVH Elohim tells the prophet Yermeyahu that only He can be a master of the Jewish people. G-d protects His servants. But now that the nation has taken slaves again, G-d will stop protecting them.
Wisdom of the Sages:
“And his master shall pierce his ear with and awl.” (21:6)
It the slave decides to continue working after six years of slavery, his ear must be pierced. Rash explains that the ear is chosen because Israel heard G-d say at Mount Sinai. “B’nai Yisrael are slaves to me!” When someone decides to serve a human being rather than G-d, he has, in effect, pierced the words of G-d; therefore, his ear is pierced.
“If a person steals…” (21:37)
Rabbi Buni from Pshischa said that there is three traits of a thief that will help all of us serve G-d better.
A thief words at night, in the rain and snow; so must we.
A thief will never give up until he succeeds; so must we.
A thief will steal something, even if he does not know its value; so must we perform commandments even if we don’t know their absolute value.
“And he shall cure him.” (21:19)
From this verse we learn that a doctor has the right to heal a sick person. G-d may be the one to do the actual healing, but the doctor is his messenger.
Things to Think About:
1. We know that honoring one’s parents is very important. However, it seems a bit drastic to kill someone for cursing his parents. What is the reason for this severe punishment?
2. Why is it that in the Talmud the phrase “an eye for and eye” is not taken literally?
3. The general penalty for theft is that the thief must pay double. However, if a man steals a sheep and has disposed of it, he has to pay the owner four times. If he steals an ox and had disposed of it, he has to pay the owner five times. What makes a sheep and oxen different from the other cases of theft? Why is there a difference between a sheep and an ox?
Gematria:
When the Torah uses the phrase umkalell aviv, which means, “and he, who curses his father,” we are told that this act is punishable by death! The numeric value of umealell aviv is 225.
The numeric value of the words zehu b’skelah, “this one is stoned.” Has the same value of 225. This is a hint that the person who curses his father is stoned.
Shalom and Brachas,
Rabbi Davis