This sidra follows on from the dramatic events at Mount Sinai and the giving of the Aseret Hadibrot – the Ten Statements, and in effect it fills in the detail missing from those headline legal principles. Mishpatim means ‘laws’ or ‘rulings’ and they will govern the community who agree to accept them. And what a curious collection they are. Of the more than fifty mitzvot to be found in the sidra, we have some that deal with the treatment of slaves, with the crimes of murder and kidnap, with personal injury and with civil damages through neglect or theft. There are rules about witchcraft and idolatry, about oppression and unfair business practise, about applying legal codes in a prejudiced fashion and not giving false testimony; laws about not mistreating widows and orphans, and about care for animals.
The most frequent mitzvah in Torah, given at least 37 different times in the text, is repeated here too – “you shall not wrong a stranger or oppress them, for you were strangers in the land of Israel.”
There are rules about the Sabbath, about the sabbatical year and about the three pilgrim festivals of Succot, Shavuot and Pesach.
It is a mishmash of a legal code but what comes through loud and clear to the reader is the importance to the Jewish people of mitzvot, commandments.
From Torah we see that for the ancient people there were particular reasons for observing the mitzvot – firstly and most importantly because God tells us to. Secondly there was in the ancient understanding an idea that people who obeyed them would be rewarded, and people who disobeyed risked punishment. Then there were two different types of reason given in Torah – that the mitzvot were intrinsically imbued with divine wisdom, and that they would lead us to achieving holiness.
Interestingly while Judaism teaches that mitzvot are divinely ordained and therefore not to be questioned or even necessarily understood, it does at the same time try to explain them as a rational force, and many commentators suggest reasons for our doing them. We are told: – “The essential reason for the commandments is to make the human heart upright” ( ibn Ezra on Deut 5:18); or “Each commandment adds holiness to the people of Israel.” (Issi ben Akavia, Mechilta on Ex 22:30); or even that “The purpose of the mitzvot is…to promote compassion, loving kindness and peace in the world” (Maimonides, yad, Shabbat)
So there is a tension in our tradition – do we do the commandments (mitzvot) simply because there is a Commander (metzaveh) who told us to do this and this should be enough, or do we search out a meaning behind each mitzvah? And if we do the latter, what happens if we cannot find a suitable reason and meaning? Do we abandon the mitzvah as unreasonable or pointless? Or do we continue to do it in the hope that meaning will emerge? After all, at Sinai the people famously answered “na’aseh ve’nishma, [first] we will do it and [subsequently] we will understand”.
The tension and balancing between holding a religious belief and a rationalist position was as great in the ancient world as it is today. Blind faith was never a prerequisite of a Jewish life and one could argue that the story of the Akedah (the story of the binding of Isaac) is as much polemic against such a narrow devotion as it is against child sacrifice. After all, Abraham never again talks to God, to his wife, nor to his son after his extreme ‘obedience’ to God’s will. Yet clear understanding of the meaning of what we do is not the great goal either – if we only behaved in a way we understood and could defend rationally we would find our lives impoverished and diminished beyond all imagination. Blaise Pascal had it right when he said “If we submit everything to reason our religion will be left with nothing mysterious or supernatural. If we offend the principles of reason our religion will be absurd and ridiculous . . . There are two equally dangerous extremes: to exclude reason, to admit nothing but reason.” (from Pensees)
Judaism tends to the position of na’aseh ve’nishma – doing in order to understand, blending faith and reason and giving neither the upper hand, but instead knowing that if we behave “as if” we believe, if we follow the way of mitzvot, then further understanding may come. Meanwhile we are impacting on ourselves and on our world in a positive way as we are directed to behaviour that may not be our first instinct – to support the poor and downtrodden, to value life, to respect the boundaries of others, to rein in our own power and desires so as not to trample over the lives of others. The list goes on.
As tradition says again and again in different words, the same message: “the commandments were given only to refine God’s creatures…”(Midrash Tanchuma). They change us, they cause us to think about what we are doing and not to act out of immediate self interest, they shape our behaviour and ultimately they may help us to bring holiness into our world.