Societal Flaws-Mishpatim

Societal Flaws
Parshat Mishpatim

The laws of the Torah are divided into three categories. (1) Chukim-the Supra-rational laws which are beyond our understanding (i.e. keeping kosher or not wearing clothing of wool and linen). (2) Edut-testimonials which are connected to our shared history and experience. Hence, while we would never have thought of them on our own, once commanded they do make sense and do strike sentiment, due to our National experience (i.e. eating Matzah on Passover because our ancestors ate Matzah). (3) Mishpatim-laws of civility between people, property ownership and torts and damages which every society needs in order to function. These laws, our rabbis explain, are self evident, and would have been established even without G-d commanding us to do them in the Torah. As we practically see, that even before the Torah was given, communities established their own laws of civility as well as communities who do not follow the Torah. Our portion of Mishpatim focuses primarily on these civil laws.

The portion begins "V'ela Hamishpatim-And these are the statutes that you shall place before the children of Israel." Thus begins our Torah portion that contains the most laws and Mitzvot of the entire Torah. On the first words "V'ela HaMishpatim-And these are the statutes", Rashi (France 1040-1105) comments and says that the opening word of  "V'ela-And" is teaching us that just like the previous portion of Yitro was given at Mt. Sinai, so too, these laws of Mishpatim were also given by Hashem at Mt. Sinai. In other words, the reason we observe these civil laws, is not because it makes sense to us or because its the right thing to do by conventional knowledge, but because G-d A-lmighty told us to do so at Sinai.

The obvious question is, why does Hashem see fit to tell us these basic laws if we would have figured them out on our own? Does the Torah really need to waste parchment and paper to tells us obvious things, when it is so precise on every letter and word?!

Ramban (Spain 1194-1270) explains that these laws are in fact an extension of the Tenth Commandment "Do Not Covet". For when we understand and appreciate the right of ownership of property and respect each other, we then can have a functional civil society. Additionally, our rabbis caution the danger of basing laws or morals on "our understanding" or "what makes sense to us", as we have seen in Jewish history, that laws that "make sense" by a society can in fact turn out to be inhumane and cruel. The example that comes to mind is Nazi Germany legislating laws to be cruel to Jews.

As we educate our children and students, we can also learn a lesson from this teaching. While we want our students and children to understand the rationale and reason behind our directives and instructions, there is also the element of setting guidelines and limits, whether they understand or appreciate it or not. While children want to understand (and we want that too) we have a responsibility to guide them to do the right thing even if "it doesn't make sense to them".

The challenge is of course to find the right balance and help them grow into functional, healthy and productive human beings.