Mishpatim

The parsha opens with a punch.  

וְאֵ֙לֶּה֙ הַמִּשְׁפָּטִ֔ים אֲשֶׁ֥ר תָּשִׂ֖ים לִפְנֵיהֶֽם׃

These are the rules that you shall set before them:

כִּ֤י תִקְנֶה֙ עֶ֣בֶד עִבְרִ֔י שֵׁ֥שׁ שָׁנִ֖ים יַעֲבֹ֑ד וּבַ֨שְּׁבִעִ֔ת יֵצֵ֥א לַֽחָפְשִׁ֖י חִנָּֽם׃

When you acquire a Hebrew slave, he shall serve six years; in the seventh year he shall go free, without payment.

The first issue to be dealt with is  slavery.  Clearly, from the  predicate, it is clear that there is a translation problem.  This   eved Ivri  is not the same as the Africans that were brought to North America  for eternal, multigenerational servitude.  The eved Ivri had  a discrete term of service, six years,  after which he was to be released, without further ransom. The associations with the word eved, slave are not what we expect.  The root of the word, evd,  connotes   labor, work.  I suppose that it is not translated laborer because of the long term relationship.  The defined term of release tells me that I do not really understand this relationship.  Since the same word is used to describe the status of the Hebrews in Egypt, I am forced to question my understanding of that situation.  Perhaps the conditions portrayed by Cecil B DeMille, teams of scantily clothed men pulling huge, pyramid-bound cut stones, whipped by Egyptian taskmasters, is not exact. 

The principle of one person dominating another is certainly an issue that the law must address.  The first rule allows for the legality of such a relationship.  The acquisition (or purchase - another possible translation for thikneh) of one person by another is a legal transaction.  The purchaser and the purchased each have rights.  They are both under the jurisdiction  of The Law.  The acquisition of services is for a limited time and includes a limited scope, but the buyer has a right to the work and its products. 

There is a spectrum from volunteer to slave. The place along that spectrum is in the consciousness of the participants, and it is often out of sync.  The boss exaggerates expectations, the worker feels underpaid.  A perfect resolution is not possible.  The law feels arbitrary to both. ( Note that the etymology of arbitrary is not considered to  be from the German arbeit). 

I feel unease throughout this outpouring of laws,. Some deal with questions that have many possible answers.  A thief who sells or slaughters the stolen sheep, repays fourfold, for a ox, fivefold. I have no idea of how to calculate the opportunity loss of the shepherd . 

In the end, the Israelites volunteer for servitude to Gd. 

וַיִּקַּח֙ סֵ֣פֶר הַבְּרִ֔ית וַיִּקְרָ֖א בְּאָזְנֵ֣י הָעָ֑ם וַיֹּ֣אמְר֔וּ כֹּ֛ל אֲשֶׁר־דִּבֶּ֥ר יְ   נַעֲשֶׂ֥ה וְנִשְׁמָֽע׃

Then he took the record of the covenant and read it aloud to the people. And they said, “All that the LORD has spoken we will faithfully do!”

The people have surrendered  to the spectacle and the promise of a better life and a greater justice  There is no demand for understanding.  Where does our illusion of understanding come from, anyway? The law has become what can be interpreted from the text