Parashah Mishpatim

Exodus 21:1—24:18

Notes by Chris O’Quin, © February 2nd, 2008

I. Introduction

Our Torah portion this morning describes the giving of the Torah to the “mixed multitude” at the foot of Mt. Sinai. This distinction is important because the Law, as described in our Parashah, affected both Hebrew and Gentile (the term Jew is actually an anachronism at this point). The location of this text is critical because we see from chapter 21, verse 1 that these Commandments are actually a continuation of the Ten and, therefore, carry the same weight and sense of obligation. Further, we understand from the Rabbis that what was given was the Ten Commandments (written on stone) the Law (that is the Written Torah) and the Commandments (Oral Torah) (Exodus 24:12). The purpose of these Commandments is stated very clearly in Exodus 22:31—that G-d’s people be a holy people—completely devoted to Him and given wholly over to His good works (II Timothy 3:17) so that the knowledge of G-d would spread throughout the whole earth (Isaiah 42:6; Isaiah 49:6; Acts 17:26 & 27). But true holiness is both “vertical” as well as “horizontal”. One who sins against his fellow man sins against G-d for the same Law Giver Who commanded us not to break the Sabbath also commanded us not to steal. Since the Source of the Commandments is One, there is no picking and choosing—no convenient parsing into “Civil, Ceremonial and Moral” laws. Further, we swore at Mt. Sinai to obey and continually listen, that is, to carry out the Commandments and continually study the Commandments so as to know the will of G-d. All of these Commandments fit into one unified system to create a whole. With this in mind, let us look at our morning’s Parashah.

II. How the Law is Arranged/The Disadvantaged

A. Three types of Torah Commandments

1. Huchim (Law) “I am the Lord your G-d” (Lev. 11)

2. Mishpatim (Principles) Social

3. Mitzvoth (Religious Laws) Prayers, etc.

B. The Slave: Jew and Gentile: Ch. 21: 2--5

C. The Orphan and Widow: Ch. 22:22--24

D. The Convert/Stranger: Ch. 22:21 & 23:9

E. The Poor: Ch. 22:25—27; 23:3 & 6

F. The Virgin: Ch. 22:16

G. The Enemy: Ch. 23: 4 & 5

III. Personal Injury & Property

A. Murder and Manslaughter: Ch.21:12—27; Ch. 22: 2, 5 & 14

B. An “Eye for an Eye” Ch. 21:23--25

C. What does this Principle Mean?

IV. Israel’s Response

A. What Was Israel’s Response? Ch. 24:3 & 7

B. Their Response is to be Our Response

C. The Man in the Doctor’s Office

D. What Did They See? Ch. 24:9—12

V. Conclusion

In conclusion, let us remember the Talmudic tradition that the Torah existed before the Creation of the world. “This implies that in its physical, moral and social structure, the world has been founded on the basic principles contained in the Torah. The Torah represents the fundamental plan and the pre-established order of human life on earth. The law of nature and the law of morality both share the same foundations, agreeing with one another and complementing each other. The world presupposes the existence of the Torah.” (R. Munk, The Call of Torah, Shemos, p. 356.)

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