Bostoner Torah Insights: Bostoner‘Chassidus’ in English and Hebrew: Parshas Mishpatim (Shekalim) – 27 Shvat 5786
Bostoner Torah Insights - Yerushalayim
Bostoner Torah Insights
Bostoner ‘Chassidus’ in English
Parshas Mishpatim (Shekalim) – 27 Shvat 5786
Bostoner Rebbe shlit’a – Yerushalayim
Secretariat Email: bosto...@gmail.com
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Rashi asks why civil laws and torts are discussed in Mishpatim after some of the laws relating to the Mizbayach at the end of Yisro (Shemos 20:22-23). Based on the Mechilta, he answers that there is a need for the Great Sanhedrin to hold court within the grounds of the Temple complex. Another observation made by Rashi is from the conjunctive form, “And these are the Mishpatim…” Rashi points out that these civil laws immediately follow the Ten Commandments to illustrate that all Torah emanated from a single location. Just as the epic laws of the Ten Commandments were transmitted from Hashem to Moshe at Sinai, so too were the civil laws of Jewish indentured servants, property damage, watchmen, assault and petty theft.
The Ramban takes a different approach, highlighting the plethora of laws brought in Mishpatim that connect directly to the Ten Commandments: Murder (Shemos 21:12), Honoring Parents (Shemos 21:15), Kidnapping (Shemos 21:16); Avodah Zara (Shemos 22:19); Shabbos (Shemos 23:12); etc. Regarding the variety of monetary and property laws recorded in Mishpatim, the Ramban explains that they are merely to help facilitate the observance of Lo Tachmod, the Tenth Commandment, which prohibits coveting the possessions of another Jew. Unless one understands the section of Jewish Law known as Choshen Mishpat, which provides the legal principles of monetary matters, people will come to covet the possessions of their fellow Jew, believing that their possessions were unlawfully taken from them.
However, if we step back and take a more broader view, we see that the sequence of Parshiyos raises a different type of question. The stories of the Yetziyas Mitzrayim, the Splitting of the Sea and the Receiving of the Torah, should naturally be followed by the narrative of the Sin of the Golden Calf and the building of the Mishkan. What was the purpose of such a long interlude of seemingly random Mishpatim laws that interrupts the main storyline.
Certainly, the many Mitzvos that specifically pertain to the Korban Pesach, the holiday of Pesach, and the Mahn, for example, were logically recorded in their respective points along the narrative, enhancing rather than detracting from the story. However, would it not have made more sense to hold off with this barrage of commandments for the sake of continuity and integrate them instead with other Mitzvah-packed sections such as Kedoshim, Ki Taytzei, etc. Notwithstanding the Ramban, who attempts to connect the Mitzvos of Mishpatim to the Aseres HaDibros, there is still an abundance of unaccounted random Mitzvos that seem to interrupt the main storyline which picks up again at the very end of Parshas Mishpatim.
Perhaps the underlying message is that Torah was not given to Man so that it should be put on a pedestal and admired from afar. Torah is a practical working framework that penetrates every aspect of our lives. Torah was not given to angels. It was given to each and every Jew as an instructive ‘user’s manual’ of how to properly serve Hashem – every moment of every day. This is the message that would have been missed if the narrative of the Jewish Nation in the Sinai Desert continued unabated. Upon receiving the Torah, Moshe was instructed ‘to place these Mishpatim in front of the people’ so they could immediately learn Torah and apply it practically to their everyday lives.
This is why Mishpatim is also a fitting conclusion to the six weeks of ‘Shovivim’, an acronym for the Torah portions beginning with Shemos and ending with Mishpatim that may be loosely translated as ‘penitent ones’ or ‘returners’. Just as these Parshiyos describe the journey of the Jewish People from slaves in Egypt to Torah observant servants of Hashem, so too during these dark barren winter weeks between the festivals of Chanukah and Purim, we attempt to embark on our own personal spiritual journey to return to Hashem. Once again, it is the continuous personal commitment to Torah and Mitzvos in every facet of our lives that should be the climax of this spiritual journey.
As we enter the joyous month of Adar, our Simcha should not mistakenly manifest itself in frivolity and silliness. Rather, we should exude a true Simcha, based upon feelings of accomplishment in Torah learning and Mitzvos, as well as the happiness that naturally emanates when one experiences a close relationship with Hashem.