פרשת משפטים

In this week’s parsha we learn about many civil laws. We are introduced to laws regarding damages, court proceedings, loans and other miscellaneous cases. This isn’t exactly what one would expect to be discussed immediately after the revelation at Har Sinai and the receiving of the Torah. The transition from such lofty and spiritual events to matters as mundane as digging a ditch in the public domain seems haphazard. Why not talk about more inspirational laws regarding spirituality and connecting to G-d? What about the obligations of believing in G-d, loving G-d, fearing G-d, cleaving to G-d, and walking in His ways? All these would seem to be more appropriate subjects to follow the giving of the Torah.

The Midrash Shmos Rabba 30:23 says that if the Jewish people don’t fulfill the “mishpatim,”

G-d will take away their Torah. The Maharif explains that since the entire Torah is based on the “mishpatim,” the Jews can’t keep the Torah without them. Mishpatim are laws that teach us how we are supposed to behave towards others. The reason that they are so essential is that if one doesn’t know how to relate to his friend, he won’t know how to relate to Hashem, either. Parshas Mishpatim teaches us that in order to have the relationship with Hashem that we dream of, we have to first start by relating correctly to the world around us. We have to learn how to control ourselves, be honest, and be concerned for others’ property and feelings. By keeping the mishpatim we create the basis for a real relationship with Hashem. Once we can build relationships in the physical world we can build a relationship in the spiritual world as well.

However, one shouldn’t belittle mishpatim as low-level mitzvos that are only prerequisites to true spiritual growth. The Gemara in Bava Kamma 30 says that if one wants to be a “chassid” he only needs to delve into the laws of damages. We see from here that mishpatim aren’t small at all. Rather, they can swiftly catapult us to spiritual greatness. When a person becomes aware of all the halachos involving his friends, he realizes how important and special every human being is. Everyone is created in the image of G-d and the idea of hurting anyone frightens him. To feel this way and to show others such love and care can only be described as G-d-like. By keeping these laws, we are walking in Hashem’s ways.

Additionally, it’s important to appreciate that mishpatim aren’t only special channels for spiritual growth — they are vital to the world’s existence. The last mishna in the first chapter of Pirkei Avos says “On three things the world stands: (fair) judgment, truth, and peace.” In other words, without mishpatim, G-d sees no purpose in letting the world continue. These laws are so basic to humanity that if the Jewish people aren’t able to keep them, the rest of civilization is hopeless. The  magnitude of transgressing the mishpatim is enormous.

There’s a Midrash in Shmos Rabbah 18 that recounts Rabbi Yishmael and Rabbi Shimon being led to  gruesome deaths at the hands of the Romans. Rabbi Shimon was perplexed by what would soon befall them. He didn’t understand what he had done that he deserved to die in such a horrible way. He asked his rebbi, Rabbi Yishmael, what could possibly be the reason for G-d decreeing death upon him. Rabbi Yishmael offered a few possibilities. “Perhaps somebody came to you for judgment and you delayed him by drinking from  your cup,” he suggested, “or perhaps you delayed him by tying your shoe. Or perhaps you delayed him by taking too long to put on your tallis?” Rabbi Shimon replied “You’ve comforted me. You’ve comforted me.” Paining one’s friend even in the slightest way was understood by both Rabbi Yishmael and Rabbi Shimon to be a great offense warranting severe punishment.

 

 

One of the mishpatim in this week’s parsha is “כל אלמנה ויתום לא תענון” (Shmos 22:21). Rashi, the Rambam, and the Sefer HaChinuch all say that this mitzvah doesn’t only apply to widows and orphans. It applies to anyone who shares the characteristic of being weak and downtrodden. Widows and orphans are by nature very vulnerable, but in truth one should be worried about hurting any person. Who really knows who is weak or strong? Every word we speak could be another indictment of our lives. As the verse says “I shall certainly hear his cry…”

My Rebbi, Rav Reuven Gershonivitz, paid special attention to orphans, widows, and any person in need or going through difficult times. He once told me that despite his rigorous schedule that left him with little extra time, he managed to hand-write personal letters to hundreds of people every month. Every letter was filled with warmth and encouragement for each and every person, according to what they needed to hear.

Finally, I wanted to point out something beautiful about the Torah that makes us different than all the other nations of the world. “Church and state”  is a famous western ideal.  The idea is that one part of your life  is religion with its rituals and spiritual experiences, while another part of your life is how you live in the real world and relate to others. For us Jews, there is no difference. Every single moment we live is real and spiritual. The idea of leaving G-d at the synagogue is not even on our radar screen. Rather, every experience, whether it is praying or giving tzedakka, is infused with a consciousness that we’re serving G-d. A Jew has to serve Hashem wherever he goes. And in truth there is really no difference between the laws we keep that are between us and G-d and the laws we keep that relate to other people. Everything we do is just another way of fulfilling G-d’s will. This is what the Torah expects and demands from us.

Rav Yisrael Salanter was known to bake his own matza for Pesach every year and was very strict on the halachos of matza. He kept as many stringencies as he could out of love for the mitzva. One year, he had to travel and wasn’t able to bake the matzos himself. So he sent one of his students to overlook the process for him. The student asked Rav Yisrael to write down all the stringencies that he should enforce while supervising the making of the matzos. The first thing on the list Rav Yisrael wrote was to make sure not put any pressure on the women kneading the matzos. He warned his student to be very careful not to upset them, because many were widows, and the Torah is more concerned about their feelings than about his other stringencies. In Rav Yisrael’s opinion, it may be true that stringencies bring you close to Hashem, but sometimes concern for others can bring you even closer.

May we all be zoche to fulfill all the Mishpatim and get closer to Hashem and to our friends!!!