Making Sense of Parshat Mishpatim

(1) These are the rules that you shall set before them: (2) When you acquire a Hebrew slave, he shall serve six years; in the seventh year he shall go free, without payment. (3) If he came single, he shall leave single; if he had a wife, his wife shall leave with him. (4) If his master gave him a wife, and she has borne him children, the wife and her children shall belong to the master, and he shall leave alone.

(1) ואלה המשפטים NOW THESE ARE THE JUDGMENTS — Wherever אלה, “these are”, is used it cuts off (פוסל) the preceding section from that which it introduces; where, however, ואלה “and these” is used it adds something to the former subject (i. e. forms a continuation of it). So also here: “And these are the judgments (i. e. these, also)”: What is the case with the former commandments (the עשרת הדברות)? They were given at Sinai! So these, too, were given at Sinai! (Mekhilta d'Rabbi Yishmael 21:1:1; Shemot Rabbah 30:3; cf. also Midrash Tanchuma, Mishpatim 3) If this be so, why is this section dealing with the “civil laws” placed immediately after that commanding the making of the altar? To tell you that you should seat (i. e. provide quarters for) the Sanhedrin in the vicinity of the Temple. (2) אשר תשים לפניהם WHICH THOU SHALT PUT BEFORE THEM — God said to Moses: It should not enter your mind to say, “I shall teach them a section of the Torah or a single Halacha twice or three times until it will become current in their mouths exactly according to its wording (i. e. until they know the text verbatim), but I shall not take the trouble to make them understand the reason of each thing and its significance”; therefore Scripture says, אשר תשים לפניהם, “which thou shalt set before them” (cf. Genesis 34:23) — like a table fully laid before a person with everything ready for eating (Mekhilta d'Rabbi Yishmael 21:1:1).

(2) אשר תשים לפניהם. These are not positive commandments and negative commandments which apply to every Jew, but are applicable only if the occasion arises. The matters under discussion need to be adjudicated only if and when such situations occur in someone’s life.

(1) Then He said to Moses, “Come up to the LORD, with Aaron, Nadab and Abihu, and seventy elders of Israel, and bow low from afar. (2) Moses alone shall come near the LORD; but the others shall not come near, nor shall the people come up with him.” (3) Moses went and repeated to the people all the commands of the LORD and all the rules; and all the people answered with one voice, saying, “All the things that the LORD has commanded we will do!”

(4) Moses then wrote down all the commands of the LORD. Early in the morning, he set up an altar at the foot of the mountain, with twelve pillars for the twelve tribes of Israel. (5) He designated some young men among the Israelites, and they offered burnt offerings and sacrificed bulls as offerings of well-being to the LORD. (6) Moses took one part of the blood and put it in basins, and the other part of the blood he dashed against the altar.

(7) 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!”^-a (8) Moses took the blood and dashed it on the people and said, “This is the blood of the covenant that the LORD now makes with you concerning all these commands.”

(1) ספר הברית, the book mentioned in verse four where Moses is reported as recording in writing. (2) נעשה ונשמע, “we will carry out what G’d has said already, and we are also prepared to listen (obey) to what He will command from here on in.