PARSHA SUMMARY
Parshat Mishpatim begins right after G-d's revelation to the Jewish People at Mt. Sinai and deals primarily with civil law. Many different laws are mentioned, among them laws relating to the indentured Jewish servant; to the damage of personal property (how much one is responsible to pay); to the liability of borrowers and watchmen (setting forth the damages one is responsible to pay); and a list of instructions on how to dispense justice properly. The portion also discusses Shabbat and Shemitah (the Sabbatical year), and contains a short discussion of the three festivals - Pesach , Shavuot and Sukkot . The narrative returns to Mt. Sinai. The Jewish People declare that they are committed to G-d and assert that they will do whatever He asks of them. The portion concludes with Moses ascending Mt. Sinai, where he remains forty days and nights to receive the remainder of the Torah.
Religious Rights
American society is built upon certain precepts, such as equal rights and separation of Church and State. The Torah perspective, however, is different.
The first verse in this week’s portion begins with the words, “ve’alah hamishpatim,” and these are the laws. Rashi points out the obvious oddity that the conjunction “and” is used at the beginning of the parsha, signifying a continuation of something that was previously being discussed and not the beginning of something new! Rashi explains that the previous portion had concluded by discussing the laws of how to construct the mizbeyach, the altar. The connection to the laws discussed in this portion is that the Sanhederin, the Jewish Supreme Court, was to be located in the Temple next to the mizbeyach.
There’s no differentiation between Church and State in a Torah-true society. One is just as able to reach spiritual perfection from being honest in business and other aspects of daily life as by serving G-d in the Temple. The Torah rules apply to all mundane matters. If one’s behavior is ethical from a religious point of view, it is also considered “legal”; conversely, anything unethical or immoral must be considered “illegal.”
When the Torah discusses the various laws pertaining to business and other matters, it never couches them in terms of rights. It merely discusses one’s obligation to others; personal rights are defined through one’s responsibilities to society. They don’t originate from a self-centered point of view, “what society owes me,” but rather, “Since I’m obligated to treat others properly, they must act accordingly to me.”
The Torah follows the introductory verse with a discussion of the laws of an indentured servant or maidservant, people who might easily be taken advantage of. The Torah demands their master to treat them respectfully. This teaches us that one must act ethically towards every other person, regardless of how talented they are or what their background is.
As the Torah begins to set forth the laws in this week’s portion, it establishes from the outset two important aspects of Judaism: Our religion isn’t relegated to couple of hours spent in the synagogue, but rather it dictates every facet of our lives, as demonstrated by the courts being next to the altar – there is no distinction between law, morality and theology. And the fact that our rights stem from obligations to society means that our treatment of others dictates how we can expect to be treated. Judaism teaches us not to ask “What’s in it for me?” but rather, “How can I help and respect others.”
Judaism isn’t just a religion; it’s a way of life. The mitzvos of the Torah not only delineate our religious obligations, but also serve as a guide to all aspects of moral and ethical living.