Mishpatim:  Interpretation

The spectacle of the giving of the law spans two chapters, Yithro and MIshpatim. Yithro, the outsider, offers a suggestion for the re-organization of the government. He recommends the decentralization of adjudication into a hierarchy. Let there be many judges and let the nature of the case determine the final judge. Moses will decide only those cases that are too difficult for the lesser judges.

 

A corollary to this system is that the people should have a clear set of laws to obey; personal sense of justice should be replaced by commandments. These brilliant suggestions of Yithro, accepted by Gd, are followed by a description of  Divine power  erupting from  a mountain, and Moses delivering the ten commandments.

 

Jethro, the symbol of the enlightened Gentile, had left for his own people before the spectacle, emphasizing that the Sinai/Ten commandment experience was uniquely Israelite, the moment of their bonding with Gd and with each other. The ten commandments, nevertheless, became widely accepted (catholic). The messages on the tablets: Do Not Murder, Do Not Steal, etc.  became the great gift from the (Gd of the ) Hebrews to the world.

 

 Mishpatim, this week’s chapter, deals with laws that did not make it into the top ten. To Jews, these subsequent laws, power sprayed in this chapter, have validity  and valence  equal to the ten commandments.

 

The end of Psalm 147  is part of the daily morning service:

 

גִּ֣יד דְּבָרָ֣ו לְיַעֲקֹ֑ב חֻקָּ֥יו וּ֝מִשְׁפָּטָ֗יו לְיִשְׂרָאֵֽל׃ מַ

He issued His commands to Jacob,

His statutes and rules to Israel.

לֹ֘א עָ֤שָׂה כֵ֨ן ׀ לְכׇל־גּ֗וֹי וּמִשְׁפָּטִ֥ים בַּל־יְדָע֗וּם

He did not do so for any other nation;

of such rules they know nothing.

 

The laws, including the mishpatim, the rules, that are the title and subject of this week’s sedra, are issued exclusively to the Israelites. These rules are particular to the progeny of Jacob.  They are parochial.

 

The laws stated in this week’s parsha are the grist for the (most popular parts of the) Talmud.  

 

וְכִֽי־יִגֹּ֧ף שֽׁוֹר־אִ֛ישׁ אֶת־שׁ֥וֹר רֵעֵ֖הוּ וָמֵ֑ת וּמָ֨כְר֜וּ אֶת־הַשּׁ֤וֹר הַחַי֙ וְחָצ֣וּ אֶת־כַּסְפּ֔וֹ וְגַ֥ם אֶת־הַמֵּ֖ת יֶֽחֱצֽוּן׃

When any party’s ox injures a neighbor’s ox and it dies, they shall sell the live ox and divide its price; they shall also divide the dead animal.

א֣וֹ נוֹדַ֗ע כִּ֠י שׁ֣וֹר נַגָּ֥ח הוּא֙ מִתְּמ֣וֹל שִׁלְשֹׁ֔ם וְלֹ֥א יִשְׁמְרֶ֖נּוּ בְּעָלָ֑יו שַׁלֵּ֨ם יְשַׁלֵּ֥ם שׁוֹר֙ תַּ֣חַת הַשּׁ֔וֹר וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃ {ס}        

If, however, it is known that the ox was in the habit of goring, and its owner has failed to guard it, that person must restore ox for ox, but shall keep the dead animal.

 

The Talmudic interpretations of this passage has been the beginning of Talmud study for generations. The principles of approximating justice in a world that is beyond human control are flushed out in the discussion of the ancient sages and the commentators. Recognizing the loss of the malefactor, as well as the vanquished, is a revolutionary  idea. Uniquely Hebrew ideas of responsibility and fair compensation emerge from this text and its analysis.

 

 The laws stated in the text are not ready for application. The tradition is very explicit about the need for interpretation. Elements of the Code of Hammurabi are quoted verbatim.  All the commentators pounce with the warning that THEY ARE NOT TO BE TAKEN LITERALLY.  Monetary compensation is not justice, but it is the better approximation to objectivity  in the Jewish world view.

 

I grew up in the USA. The principle that all people were created equal was heavily reinforced in me; and I accept(ed) it. The ideas of democracy, equality, respect for all  - were more appealing than the notion of being special and sharing an esoteric knowledge.  As I grew up, I realized that the practical application of those words of equality needed interpretation.  When the veneer was peeled back, the stated fairness hid a system that empowered the privileged and maintained the servitude of the masses. On the surface, the American idea stated in the Declaration of Independence is appealing, after editing out the sexism and the implied racism ( slaves were excluded). The prejudice and self-service were  really never shed The true intentions were in the implementations.  Now the membership in the people of the book, the whole book, not only the ten commandments, became a haven. The less public books, the Talmud, and its interpreters, deepens the appeal of this alternative.

 

I now live in a country and a world where the interpretation of the law is rapidly changing and has become unfamiliar. Greed has emerged as a positive value. The question is always: “what’s in it for me?”  It may have always been so, but the façade of kindness as a value was comforting.  If I was fooled, I liked being fooled. That world was demolished one month ago. Justice means something I did not conceive of previously.  It is a good time to have an alternative.

 

The devil is in the details, but the devil is not alone there.