Parshot/Festivals
Laws and law
We all learnt in school to avoid starting sentences with the word “and”. Yet this week’s Parsha begins with the words “Ve’ele Hamishpatim” – And these are the commandments that you shall set out before them.
Rabbi Yossi Chaikin
Oxford Synagogue
“Mishpatim”, as the portion is called, covers a wide range of financial laws. Topics include, just to name a few: fair treatment of slaves; laws of assault and kidnapping; negligence and theft; responsibility for another person’s possessions.
In this case, however, the opening conjunction serves a very important role. It connects this Parsha with the previous one, Yitro, which we read last week. Yitro deals with the revelation at Sinai, the Giving of the Ten Commandments, which the entire Jewish nation heard directly from G-d.
The word “and” links the two portions, Yitro and Mishpatim. Just as the Ten Commandments came directly from G-d, likewise all the laws we are about to read in this week’s portion also come from Sinai.
The laws may seem to be rational. They may appear to come from the human mind. After all it is logical that a society must set up a system of rules, that govern the way people must act towards one another and that deal with those who hurt others in one way or another.
The reason we observe the laws taught in Mishpatim, is not because they are logical, it is because they are Divine.
In that way, the Torah’s laws are different from the laws established by countries around the world. Those are man-made and reflect the values of the place and of the time. The founding fathers of a nation sit down and draw up a constitution for their land. As time passes and circumstances change, so can the laws as long as the citizens of that country can agree on the new rules.
A good illustration of this principle is our own country. A generation ago we lived under the apartheid regime. Two decades later, that same system, which was then accepted as the statute of the land, is considered abhorrent. A totally new constitution is now in place, giving equality to all, and in many cases granting special privilege to those who were previously disadvantaged.
Man-made laws will change, because men will change.
One of the foundations of our faith is that our Torah “lo tehe muchlefet”, cannot and will not change. Because it comes from Hashem, who does not change, its values will remain eternal.
This applies not only to kashrut and Shabbat. It is also true of the civil and criminal laws. It applies even to the rules that govern neighbourly relations or damages caused by an ox who has gone on the rampage.
Shabbat Shalom.