“Bless Adonai, O His angels, mighty in strength, you who execute His word and listen to the voice of His commandment.” (Tehillim 103:20)
To me, the central theme of Parashat Mishpatim is our responsibility toward our neighbor who is voluntarily or involuntarily affected by our actions. In this sense, Mishpatim is an explanation of how to live the Ten Commandments or Words practically speaking. Mishpatim contains more ordinances than any other parashah.
It is interesting that the Torah explains that justice must be practiced first towards the weakest or most vulnerable within society, such as people who live in slavery, or who are orphans or widows, are in poverty or are new immigrants. It emphasizes our duty to protect and compensate them in cases of damage. If the world today applied these teachings, it would definitely be a better world. In a world ruled by the animal kingdom, the weak are left unprotected and are the most vulnerable. The world of Torah does not want us to be governed by animal instinct, rather it seeks to protect the most vulnerable.
We live in a world where the strong impose themselves upon the weak and exercise their strength to determine the amount to be doled out in damage claims; they are not seeking justice, but rather their own convenience. We see how nations like Russia are crushing other nations like Ukraine, or how Turkey is destroying the Kurds, or even how the rights of the weakest in our nations are violated and no one stands up to protest these injustices, just as no one spoke out to condemn the attacks by Gaza on Israel on October 7, 2023. Every day I see that the more people receive, the more they cling to their property; it is not a question of economics but of the willingness to pay what is fair for the damages inflicted.
Following the idea that we are holy, that is, separate, a separated nation in morals and ethical standards, the Torah shows us principles of how to move forward. It reveals how we should function: “by first doing and then listening.” Why isn’t it better to listen first when our brain can formulate ideas and then we take action? Isn’t this what the modern world teaches us? I remember in my childhood, that a glance, or a call of my name or a facial expression was enough to wake me up, to get me to stop what I was doing and to obey, like an impulse; I no longer thought, I just acted.
On the other hand, this new generation first questions the orders of the authorities, next they decide whether or not it is convenient for them to obey, and then they act. If we stop the process of acting first, we will have time to think about the consequences of obeying or not. The Torah tells us: “Act first, then listen.” In fact, this is the secret, say the sages of Israel, of how the angels of Heaven operate, they act (fulfill His Voice) first and then they hear, as Tehillim said.
Here are three practical examples of what it would be like if we didn’t behave this way. Example one, from Shemot 21:23 “Monetary compensation must be given for the loss of sight in an eye, a tooth for a tooth, a hand for a hand, and a leg for a leg.” This principle is the bilateral basis of justice, both for the one who caused harm and the one who was harmed. The Torah seeks peaceful social coexistence, and these small injustices lead to endless struggles for generations to come. Years ago, we had an accident involving a truck and a vehicle in the industry in which I work. The insurance company came to settle the damage caused by a BMW sports car driven into a sugarcane field and crashing into a trailer. The sports car caused the accident, but since the owner had power, money and fame, he bribed the police to make a report in his favor – something the Torah says we must not do. The truck driver owned just one very old truck and lived on a very meagre income. In addition, he had been intimidated and was charged for the BMW as a new car. This true story involved bribery, lies written on the report, and exploitation of the poor as they did not charge the fair market value for a used vehicle.
How many injustices would end if we would just follow the Torah! When it says: An eye for an eye, it means, Mr. truck driver, you must pay the market value for a used BMW, and you, Mr. powerful man, will receive the market value for a used BMW, and in all fairness, Mr. BMW needed to compensate the truck driver for the damage done to his truck. While it is true that it is an economic transaction, people have distorted it to think as Gandhi said: “An eye for an eye and we all end up blind,” when in reality, we have ended up blind for not complying with the eye for an eye because the Eternal One did not mean that we take out our neighbor’s eye, but rather, that we must take responsibility for the damage to our neighbor’s eye and pay for it.
Second example, Shemot 22:2-3: “A thief must restore all that he has stolen. If he does not have the means, he must pay for his theft as a slave. If what he stole is found in his possession, whether it is a working bull, a donkey, a sheep, or a goat, he must pay for two live animals.” Again, if the world followed the Torah as a living code of ethics, we would be a far better world. In my country, it is considered theft if the value of what was stolen exceeds $1000 USD, but if it is less, it is not considered theft. Theft is not considered a punishable crime when there is no armed violence, it just needs to be investigated. Years ago, these types of laws encouraged minors to climb onto trucks in the port area that transported bulk (such as wheat, sugar, corn, rice, fertilizers, etc.) to the units, tear tarps, and unload products into sacks. A tarp costs $400 USD, and if a minor fell off the truck, they would demand compensation. Those who refused to allow minors to climb the trucks were threatened with murder or charged “rent” so that their families would be safe to come and go from their homes. This story seems incredible, but I had to reconcile a fractured 10-year-old child with his family. What does the Torah say? We are to make restitution! At the end of the year, we easily lost 1,500 metric tons of sugar through petty theft (that’s about $6000 USD per year). God does not want anyone to be a slave, because, in fact, the First Commandment says: “I took you out of Egypt from the house of slavery.” But, if you cannot take responsibility for your actions, you will have to pay with your labor. Again, an eye for an eye.
The “would-be slave” was not the typical “slave”, who was shipped to the US from Africa, had to be treated well (Shemot 21: 20-21); he was not a slave for life because he had to endure a compensation period of 6 years before being set free in the seventh year. If his debt – which caused his slavery – was paid, he could be freed sooner, that is, his slavery was redeemed. The work was not free, says Devarim 15:13 -18 “And when you send him free from you, you shall not send him empty-handed. You shall surely provide him from your flock, from your threshing floor, and from your winepress; of what the LORD your God has blessed you, you shall give him. And you shall remember that you were a slave in the land of Egypt, and that the Lord your God redeemed you; therefore, I command you this today. ……Do not be alarmed when you send him free from you, for he will have served you six years twice as much as a day laborer; and the Lord your God will bless you in all that you do.” Technically it was not slavery as viewed today in parts of the world, with human trafficking, physical, psychological and sexual exploitation, rather this was more like being a servant or a worker. So, getting back to this example, what would have been applied in the Torah to these child thieves? They would have been ordered to learn to work so that they would know that they were better than thieves. It was about re-educating people to know the value of things.
The third example in Shemot 23:4-5 says, “If you find your enemy’s bull or donkey straying, you must bring it back to him, several times if necessary. When you see the donkey of a fellow countryman whom you hate, crouching under its load, will you not stop helping it? Rather, you must help the person.” Again, the Torah acts in an unnatural way. The main point is that if there is hatred toward one’s neighbor, it is natural to be indifferent, but the Torah orders us: “Do not be indifferent, help him!” Why would it order us to help someone we hate? The answer is simple, the Torah seeks to make us grow, and by doing good to him, the other person may reconsider, so that in the future, we might have a healthy relationship.
How can we apply this today to the donkey of that time? Let’s suppose that you have a terrible neighbor, who has a flat tire. What should you do? Pass by? Be indifferent? The Torah says, “Stop, go and help him!” You will certainly gain a friend. By helping him, you are building bridges. If we don’t act before thinking, we will probably never help him because our natural thoughts will ruminate, like a cow chewing its cud and we won’t take action. Again, in my life, I have seen how helping someone who does not “like me” turns them into an ally once I have helped them through their difficulties.
How can we sum up this parashah? “Love your neighbor as yourself”. If we look at these three examples taken from everyday life, they all stem from the Ten Commandments. The first is, you shall not bear false witness; the second is, you shall not steal; the third is, you shall not covet. The mishpatim are derived from these ten. Let us set aside our active ego, our pride, and we will be able to enjoy the fruits of doing and then listening.
Shabbat Shalom
Mauricio Quintero