פרשת משפטים - חשיבות משפטי התורה

These are the rules that you shall set before them:

(19) יהוה said to Moses: Thus shall you say to the Israelites: You yourselves saw that I spoke to you from the very heavens:

(20) With Me, therefore, you shall not make any gods of silver, nor shall you make for yourselves any gods of gold.

AND THESE ARE THE ORDINANCES WHICH THOU SHALT SET BEFORE THEM. The reason [why this whole section dealing with mishpatim — civil laws — is placed here, rather than being placed after the chukim — statutes — as is the order in the commandments given at Marah], is that G-d wanted to explain to them first the civil laws. Thus we find that the first of the Ten Commandments dealt with the obligation of knowing of the existence of G-d, and the second one with the prohibition against idolatry, after which [following the giving of the Ten Commandments] He again instructed Moses, saying, Thus shalt thou say unto the children of Israel: Ye yourselves have seen that I have talked with you from heaven, meaning that you, [Moses] should warn them again to take to heart that which they have seen, so that they will be careful to keep these precepts which I have commanded them. For Ye yourselves have seen corresponds to the commandment, I am the Eternal thy G-d; Ye shall not make with Me — gods of silver etc. — corresponds with Thou shalt have no other gods, thereby completing the subject of idolatry; likewise, And these are the ordinances corresponds to Thou shalt not covet, for if a man does not know the laws of house and field or other possessions, he might think that they belong to him and thus covet them and take them for himself. This is why He said, thou shalt set before them just ordinances, which they should establish amongst themselves, so that they will not covet that which does not legally belong to them. And thus did the Rabbis say in Midrash Rabbah: “The whole Torah depends on justice; that is why the Holy One, blessed be He, gave the civil laws directly after the Ten Commandments.” Similarly G-d explains in this section of These are the ordinances additional laws about idolatry, the honor of parents, murder, and adultery — which are all mentioned in the Ten Commandments.The Rabbis have explained: “Before them, but not before the Canaanites.” This interpretation is based on the observation that it should have said, “which tasim lahem” (“thou shalt set for them”) just as He said, There ‘sam lo’ (He set for them) a statute and an ordinance; thus since He said, which thou shalt set ‘liphneihem’ (before them), we interpret this to mean that they should be the judges, for it is with reference to a judge that this term [liphnei (before)] appears in Scripture: And both the men, between whom the controversy is, shall stand before the Eternal, ‘liphnei’ (before) the priests and the judges; Until he stand ‘liphnei’ (before) the congregation for judgment; ‘liphnei’ (before) all who know law and judgment. The Rabbis further explained: “Before them, but not before laymen.” They interpreted [the verse in this way] because with reference to the ordinances it is written: Then his master shall bring him unto ‘ha’elohim;’ the cause of both parties shall come before ‘ha’elohim;’ and it is also written, and he shall give ‘biphlilim’ (as the judges determine) — these terms referring to judges who are experts in the law, and who had received ordination [in an unbroken chain from the time of those who had been duly ordained] by Moses our Teacher. This is why He said here that these ordinances are to be set before them, meaning before the elohim [expert, ordained judges] that He will mention further on, but not before Canaanites, and not before one who is not a judge by the standard of the Torah, such as a layman in this respect. It is forbidden to appear before such a person to act as a judge, just as it is forbidden to bring it before the Canaanites, even if he knows that this layman knows the correct law and will render him a proper decision. Even so it is forbidden for the litigant to set him up as a judge and complain before him so that he orders the other party to come to court before him, and the layman himself is also forbidden to act as their judge. Now even though the Sages have mentioned these two groups [the layman and the Canaanite] together, there is a difference between them, in that if the two litigants are willing to come before an Israelite who is a layman, and accept him upon themselves, it is permissible for them to do so, and they must abide by his decision, but to come before the Canaanites to act as judges between them, is forbidden under all circumstances, even if the Canaanite laws are in that particular case the same as our laws.

(19) Rabbi Elazar said: The entire Torah is contingent on justice, that is why the Holy One blessed be He gave laws after the Ten Commandments. Because people pervert justice, He exacts retribution from them and teaches the entire world that He overturned Sodom only after it perverted justice, as it is stated: “[Behold, this was the iniquity of your sister Sodom…] pride, surfeit of bread and tranquil calm, [but she did not support the hand of the poor and indigent]” (Ezekiel 16:49). Jerusalem, too, was not exiled until she perverted justice, as it is stated: “They will not provide justice for an orphan and the cause of the widow will not come to them” (Isaiah 1:23). Why did the Holy One blessed be He give the crown to Judah? It is not that he was mightier than his brothers; were Simeon, Levi and the others not mighty? Rather, it is because he adjudicated a true judgment for Tamar; that is why he became a judge of the world. This is analogous to a judge who adjudicated the case of an orphan girl that came before him and he exonerated her. So too, the case of Tamar came before Judah, and [her sentence was] to be burned, but he exonerated her because he found merit on her behalf. How so? Isaac and Jacob were sitting there, as well as all his brothers, and they were protecting him. Judah acknowledged the Omnipresent and said the truth of the matter, and said: “She is more righteous than I” (Genesis 38:26). The Holy One blessed be He appointed him king. Likewise, ben Zoma would say and expound: You were shamed in this world; you will not be shamed in the World to Come in front of the Holy One, blessed be He, who is a consuming fire. Why? Because the shame in this world is nothing compared to the shame of standing [guilty] in the World to Come, as it is stated: “Therefore, everyone who is pious should pray to You [at the time of searching]” (Psalms 32:6).

(6) They said three things: Be deliberate in judgment: They said [this] to teachers of legal decisions and decisors of legal decisions and decisors of litigation; that they should not rely on the first thought, but rather upon great deliberation and incisive investigation, so that they not err in their evaluation. As a man who is quick to make a decision is called a sinner - and even though he thought he was saying the truth, it is not [considered] accidental but rather is [considered] to be close to volitional, since he did not put it into his heart to say, the quick hearts do not understand to know. As error is found in all men, as the rabbis say (Avot 4:13), " Be careful in study, for an error in study is considered an intentional transgression." And about this matter, Shlomo, peace be upon him, stated (Proverbs 26:12), "If you see a man who thinks himself wise, there is more hope for a dullard than for him." And it is as the sages, may their memory be blessed, said (Avot 4:7), "One who is nonchalant about giving legal decisions is an imbecile, wicked, and arrogant in spirit." Therefore, it is incumbent upon a man who makes legal decisions to go back and forth on the matter and let his thought ripen and to hold on to it; as the matter that they said (Sanhedrin 35a) [that] we should ripen a judgement, as through ripening and deliberation, he adds reasoning to his reasoning and sharpness to his sharpness, until he judges a completely true judgement. As he will see to say with the second thought that which he did not see with the first. And about this matter, Asaf stated (Psalms 73:21), "As my heart ripened and my kidneys were silent," which is to say [that] after my heart has ripened and been sharp with wisdom and with my kidneys, I have been silent and have refined my understanding to know. As without this, I have not known, and this is my portion. (And as) it is after it, "I was a dolt, without knowledge; I was brutish toward You." And the reason [they] said, "Be deliberate in judgment," is in order to warn about litigation more than other legal decisions, as they are fundamental in the knowledge of Him, may He be blessed and elevated; and as Yirmiyahu the prophet stated (Jeremiah 9:23), "ponder and know Me, for I am the Lord who makes kindness, justice, and equity in the world; for in these I delight, declares the Lord." And how can a man a ponder and know God, as it is not possible? However with this have we known Him, by dong judgment and justice, since God does these. And that is what is stated (Jeremiah 22:16), "He judged for the poor and needy— then all was well. That is truly knowing Me, declares the Lord." And it is written in another place (Micah 6:8), "And what does the Lord require of you? Only to do justice and to love kindness," since judgments are a pillar of the Torah. And from them the world is made firm, as is said in the Midrash (Shemot Rabbah 30 3), "It is written in front of The Ten Commandments, 'and they will judge the people at all times' (Exodus 18:22). And after the Ten Commandment, it is written, 'And these are the laws' (Exodus 21 1). There is a parable [about this] concerning a matron that was walking along the way and her armed guards were walking in front of her and behind her."

(1) AND THOU SHALT DO THAT WHICH IS RIGHT AND GOOD IN THE SIGHT OF THE ETERNAL. In line with the plain meaning of Scripture the verse says, “Keep the commandments of G-d, His testimonies, and His statutes, and, in observing them, intend to do what is right and good in His sight only.” And [the expression in the verse before us] that it may be well with thee is a promise, stating that, when you will do that which is good in His eyes, it will be well with you, for G-d does good unto the good, and to them that are upright in their hearts. Our Rabbis have a beautiful Midrash on this verse. They have said: “[That which is right and good] refers to a compromise and going beyond the requirement of the letter of the law.” The intent of this is as follows: At first he [Moses] stated that you are to keep His statutes and His testimonies which He commanded you, and now he is stating that even where He has not commanded you, give thought, as well, to do what is good and right in His eyes, for He loves the good and the right. Now this is a great principle, for it is impossible to mention in the Torah all aspects of man’s conduct with his neighbors and friends, and all his various transactions, and the ordinances of all societies and countries. But since He mentioned many of them — such as, Thou shalt not go up and down as a talebearer; Thou shalt not take vengeance, nor bear any grudge; neither shalt thou stand idly by the blood of thy neighbor; Thou shalt not curse the deaf; Thou shalt rise up before the hoary head and the like — he reverted to state in a general way that, in all matters, one should do what is good and right, including even compromise and, going beyond the requirements of the law. Other examples are the Rabbis’ ordinances concerning the prerogative of a neighbor, and even what they said [concerning the desirability] that one’s youthful reputation be unblemished, and that one’s conversation with people be pleasant. Thus [a person must seek to refine his behavior] in every form of activity, until he is worthy of being called “good and upright.”

The sixth class is formed of precepts respecting fines, e.g., the laws on theft and robbery, on false witnesses, and most of the laws contained in the section Shofetim belong to this class. Their benefit is apparent; for if sinners and robbers were not punished, injury would not be prevented at all: and persons scheming evil would not become rarer. They are wrong who suppose that it would be an act of mercy to abandon the laws of compensation for injuries; on the contrary, it would be perfect cruelty and injury to the social state of the country. It is an act of mercy that God commanded “judges and officers thou shalt appoint to thee in all thy gates” (Deut. 16:118).

THE precepts of the seventh class are the civil laws enumerated in the Section on judgments, and part of the Section on Property. The object of these precepts is obvious. They define the ways of equity in the various transactions which must take place between man and man. Those that are engaged in such transactions must mutually promote each other’s interests; neither of the parties must strive to increase only his own profit, and that he alone should enjoy the whole benefit of the transaction.

(1) THEN HIS MASTER SHALL BRING HIM UNTO GOD. The term Elohim (God) means those who establish God’s laws in the land. It is customary for the judges to sit in the gate of a city that has doors and a bolt. To the door or the door-post means that what Scripture deals with in this verse is to be performed before those who sit in the gate.

THEN HIS MASTER SHALL BRING HIM UNTO ‘HA’ELOHIM’ — “to the court. The servant must take counsel with those who sold him.” [Thus is the language of Rashi.] And Rabbi Abraham ibn Ezra wrote that the judges are called elohim because they uphold the laws of G-d on earth.In my opinion Scripture uses these expressions: Then his master shall bring him unto ‘ha’elohim;’ the cause of both parties shall come before ‘ha’elohim,’ in order to indicate that G-d will be with the judges in giving their judgment. It is He Who declares who is just, and it is He Who declares who is wicked. It is with reference to this that Scripture says, he whom ‘Elokim’ (G-d) shall condemn. And so did Moses say, for the judgment is G-d’s; so also did Jehoshaphat say, for ye judge not for man, but for the Eternal, and He is with you in giving judgment. Similarly Scripture says, G-d standeth in the congregation of G-d; in the midst of ‘elohim’ (the judges) He judgeth, that is to say, in the midst of a congregation of judges He judges, for it is G-d Who is the Judge. And so also it says, Then both men, between whom the controversy is, shall stand before the Eternal. And this is the purport of the verse, For I will not justify the wicked, according to the correct interpretation. In Eileh Shemoth Rabbah I have seen it said: “But when the judge sits and renders judgment in truth, the Holy One, blessed be He, leaves, as it were, the supreme heavens and causes His Presence to dwell next to him, for it is said, When the Eternal raised them up judges, then the Eternal was with the judge.

BEHOLD, I HAVE TAUGHT YOU. The meaning thereof is: “Behold, I teach you today,” just as he said, which I command you this day, and which I set before you this day. Or the meaning of the expression I have taught you may be that since he mentioned that ye should do so in the midst of the Land whither ye go in to possess it he is then saying: “Behold, at the time when you come into the Land, that I had already taught you statutes and ordinances, even as the Eternal my G-d commanded me.”Now Moses spoke first of a matter which is basic to all positive and negative commandments [namely, idolatry, which as mentioned above, is “the root of all” the commandments], and now he admonished them concerning “the statutes,” which are His decrees, and “the ordinances,” which are the laws, for these need greater reinforcement because the reason for the statutes is hidden from us and also because it is by mishpat (justice) — [ordinances] — that they will establish the Land. And then he states that ye should do so in the midst of the Land in order to admonish concerning all [commandments], for there are many statutes and ordinances which do not apply outside of the Land; or perhaps it suggests that the primary duty [of the fulfillment] of the commandments is in the Land, as I have hinted concerning the secret of [the sanctity of] the Land. He states further that in the statutes and ordinances there are great benefits that bring honor from men to those who observe them. Even their enemies will praise them for [observing the commandments]. Moreover, a great, incomparable benefit is that G-d would be near to them whensoever they call upon Him. The nations also will contemplate this and know that the statutes were ordained in wisdom and understanding so as to bring the people near to G-d, and they will fear them [i.e., the Israelites], this being the purport of what he said, For what great nation is there that hath G-d so nigh unto them? Additionally, the statutes and ordinances are righteous in themselves, fair and good for the welfare of society and countries.

And Rabbi Ḥelbo said that Rav Huna said: One who is aware that another person is accustomed to greet him is not only obligated to return his greeting, but he must greet him first, as it is stated: “Seek peace and pursue it” (Psalms 34:15). If the other person extended his greeting to him and he did not respond, he is called a robber, as it is stated: “It is you who have eaten up the vineyard, the spoils of the poor is in your houses” (Isaiah 3:14). The only way to steal from a pauper who owns nothing is to rob him of his dignity by refusing to return his greeting.