Parshat Mishpatim 5783
Rabbi Jablinowitz
This week’s parsha begins with the words ואלה המשפטים אשר תשים לפניהם; these are the laws you shall place before them. Rashi on the pasuk brings the words of Chazal that whenever it says ואלה, with a “vav”, it comes to add upon that which came previously. ואלה המשפטים are coming to add upon the עשרת הדברות brought in last week’s parsha. There are various ways to understand the addition of the laws in this week’s parsha to the Ten Commandments.
Rashi teaches that we learn from here that just as the עשרת הדברות were given at Sinai, so too were the Mishpatim given at Sinai. And even though, as Rashi himself points out in parshat Behar (Chapter 25, Pasuk 1) all the mitzvos were given at Sinai, there is something unique about these Mishpatim. The Maharal explains that Rashi is teaching us that even though all the mitzvos were taught to Moshe at Sinai, they weren’t all given to Bnei Yisrael at Sinai. These משפטים, like the עשרת הדברות, were significant enough that they were taught to Bnei Yisrael at Har Sinai. And the Mizrachi understands that according to Rashi, they were even given with the same thunder and lightning as the Aseres HaDibros (though the Maharal rejects this p’shat).
The Ramban learns a different means of connecting the Mishpatim with the Aseres HaDibros. He teaches that the laws and their order taught in our parsha are meant to parallel the Ten Commandments. For example, the first law of the Eved Ivri going free in the seventh year parallels the notion of Bnei Yisrael being slaves in Egypt and Hashem taking them out, as expressed in the first command ofאשר הוצאתיך מארץ מצרים אנכי ד' אלוקיך. And the seventh year is a fundamental principle of Hashem as the Creator and the mitzvah of Shabbos. And the Ramban continues with additional examples of how the משפטים in the parsha mirror the עשרת הדברות.
The Sfas Emes quotes the same Medrash as Rashi ואלה מוסיף על הראשונים, and similar to Rashi, also teaches the words of the Gemara in Gittin 86B, לפניהם ולא לפני עובדי כוכבים; before Bnei Yisrael and not before the non-Jews. However, the Sfas Emes learns that these two “Derashot” are connected one to the other. The reason you can’t teach and explain the Mishpatim to the non-Jews is because they are an extension of the Aseres HaDibros. And the Aseres HaDibros were an other-worldly experience unique to Clal Yisrael.
The Medrash Rabbah on our parsha teaches (30,11), בבוקר נתנה התורה, ובערב נתנו המשפטים. The Torah, i.e. the Aseres HaDibros, were given in the morning, while the Mishpatim were given in the evening. The morning is a time of light and clarity; hence the עשרת הדברות were given in the morning. The Gemara in Shabbos 88B teaches that at Har Sinai the souls of Bnei Yisrael left them. This is an expression of the great understanding and high level Bnei Yisrael reached at Ma’amad Har Sinai. But the Mishpatim were given in the evening, a time of darkness. The word ערב is based on the word תערובת; a confusing mixture of light and dark, good and evil. The Mishpatim are necessary to combat the confusion and darkness of the evening.
The Ten Commandments are Torah Shebichsav, while the Mishpatim are Torah Shebe’alpeh. The Aseres HaDibros represent עץ החיים; our direct experience with Hashem, the Eternal One. And the Mishpatim represent עץ הדעת; the knowledge necessary to distinguish in our world between good and evil, between innocent and guilty. As the Yerushalmi (Berachos, Chapter 5, Halacha 2) teaches,אם אין דעת הבדלה מנין; knowledge and understanding are essential in being able to distinguish between light and dark, and right and wrong.
The experience of Ma’amad Har Sinai was a one-time, unique historical event. Bnei Yisrael received the Torah directly from Hashem. And what about afterwards? Was it back to business as usual? One must always take great spiritual experiences with him; how did Clal Yisrael do this with Matan Torah? The answer is, ואלה מוסיף על הראשונים. Bnei Yisrael moved from the experience of morning, the clarity of the עשרת הדברות, to the mundane experience of evening. And based on the wisdom and understanding they achieved at Har Sinai, they are able to navigate the world of confusion and darkness. And this was clearly just for Clal Yisrael; לפניהם, ולא לפני עובדי כוכבים.
But now the word לפניהם has additional significance. לפניהם suggests it must always be before you. You must always continue the experience of Matan Torah by studying and applying the Mishpatim, Torah Shebe’alpeh. It is precisely our constant study of Torah Shebe’alpeh which connects us to the Bris established at Har Sinai and gives us focus in our lives. And this is why the Mishpatim of our parsha are specifically meant for Bnei Yisrael.
Good Shabbos
Print this article