Parshat Mishpatim 5778
Rabbi Jablinowitz
We read in the first pasuk in this week's parsha, V'Eileh HaMishpatim Asher Tasim Lifneihem, And these are the laws you shall place before them. Rashi brings the Medrash which teaches that when the Torah uses the word V'Eileh, and these, it is coming to add to what we learned previously. The word V'Eileh is adding to the Aseres Hadibros we learned in last week's parsha. Mah Harishonim M'Sinai, Af Eilu M'Sinai. Just as the previous laws were taught at Har Sinai, so too these laws in our parsha were taught at Har Sinai.
Why would I think that only the Ten Commandments taught in last week's parsha were from Sinai, but the laws taught in this week's parsha are from a lesser source?
The Sfas Emes teaches that the point of Rashi is to equate between the Aseres Hadibros, laws which are primarily between man and Gd with the mitzvos in our parsha which focus on mitzvos bein adam l'chaveiro, between man and his fellow man. In order for one to be a complete person, he needs to fulfill both aspects of the Torah. And the mitzvos between man and man are considered as Derech Eretz, the way one needs to act in the world, and a Torah Shebe'alpeh, a tradition among the Jewish people of how to behave towards each other, but a tradition which is legislated into law, the Mishpatim. As the pasuk says (Tehillim, Chapter 29, Pasuk 11), Hashem Oz L'Amo Yiten, Hashem Yevareich es Amo Va'Shalom. When the pasuk says Hashem Oz L'Amo Yiten, the word Oz is a reference to Torah, and the words Hashem Yevareich es Amo Va'Shalom refer to the Mishpatim which maintain peace and tranquility between man and his fellow man. Both are necessary for the complete person.
The pasuk in Devarim states (Chapter 1, Pasuk 17), Ki Hamishpat L'Elokim Hu, Mishpat belongs to Hashem. Yet in our parsha Hashem is giving the Mishpatim over to us and tells us V'Eileh HaMishpatim Asher Tasim Lifneihem, we need to put the Mishpatim before us. As Chazal teach, Derech Kadmah L'Torah. First one must purify himself in his character traits and behavior in order to receive the Torah. But after he reaches that level, it his involvement in Torah that makes him a complete person and lifts him up even further. One can't achieve the necessary level of purity without the Torah of the Aseres Hadibros and bein adam l'makom. But Lifneihem teaches that a process of growth in character traits must come first in the journey towards spiritual perfection.
This also explains why our parsha begins with the laws of the Eved Ivri. The Ramban teaches the significance of the notion of working for six years and being released in the seventh as being parallel to Shabbos. And the mitzvos which follow show a conceptual connection to the mitzvos of the Aseres Hadibros. But the Sfas Emes explains the reason our parsha begins with eved ivri is because when one sells himself into slavery due to financial need he is the most vulnerable. It is very easy to take advantage of that person and exploit him. Therefore the Torah begins with eved ivri to show the significance of developing proper midos and character traits and worrying about our fellow Jew and treating him properly. Only then can he move on to the rest of the Torah and truly lift himself up and truly become a holy individual.
Good Shabbos
