Rabbi Frand on Parshas Mishpatim
These divrei Torah were adapted from the hashkafa portion of Rabbi Yissocher
Frand's Commuter Chavrusah Tapes on the weekly portion: Tape # 317,
Wrecking A Borrowed Car.
Good Shabbos!
Civil Laws of Mishpatim Interrupt The Story of Receiving The Torah
At the end of Parshas Mishpatim, there is a narrative that recounts some of
the details of Mattan Torah [the Giving of the Torah]. Indeed, although
there is a difference of opinion among the early commentaries (Rishonim)
regarding the timing of the narrative, Rashi's opinion is that the narrative
occurred on the fourth of Sivan, just prior to Matan Torah.
According to Rashi, this section is not located in its proper sequence. It
is a classic example of the principle that one cannot determine the
chronology of an event from the place where it is recorded in the Torah (ayn
mukdam u'me-uchar b'Torah). According to this opinion, the pasukim [verses]
that are located at the end of Parshas Mishpatim, actually occurred
previously -- all the way back in Parshas Yisro on the fourth of Sivan. All
the events mentioned therein occurred as a prelude to Matan Torah.
In fact, the famous expression "We will do and (then) we will hear" [Shmos
24:7] is written here in Parshas Mishpatim. It is not to be found in Parshas
Yisro in the midst of the Torah's main narrative of the Giving of the Torah.
The question is why? The Torah does not write chapters out of sequence in
order to confuse us. There always must be a reason for the narrative to be
written out of the actual sequence. We need to understand why the Torah
interjected virtually all of Parshas Mishpatim, with its dozens of different
laws, between the narration of Matan Torah in Parshas Yisro and the
narration of the same event at the end of Parshas Mishpatim.
The answer is that this is teaching us two lessons, tying the giving of the
Torah and Derech Eretz (proper civil behavior) together. It teaches that
if there is no Derech Eretz there can be no Torah -- and that without Torah,
there cannot truly be Derech Eretz.
Parshas Mishpatim lays the groundwork for the culmination of the story of Receiving the Torah. Parshas Mishpatim contains the laws of how to treat a Hebrew servant - which legislates how one must treat a thief who stole from you, and is so poor that he cannot pay you back. These laws govern how to treat a thief. Parshas Mishpatim teaches us how to carefully treat our animals. It is only after Parshas Mishpatim that we can move on to consummate the story of "Mattan Torah". If there is no "Derech Eretz", there is no Torah. All the fine analysis (lomdus) and detailed logical argumentation (pilpul) of Torah study can not stand, if they are not preceded by civility and based on Derech Eretz.
The confusing split in the story of the Giving of the Torah is necessary in
order to make a point: If we want to know how to properly accept the Torah,
we must know how to correctly treat a widow, a worker or a thief. We must
know how to be a 'mensch'. Therefore, the laws of Parshas Mishpatim must be
well integrated into the story of the Receiving of the Torah, because
without them, we have not properly received the Torah.
In addition, one needs a Revelation and a Receiving of the Torah to precede the laws in Parshas Mishpatim. Of course, there are Noachide Laws and the nations of the world do in fact have their own civil codes and civil laws with sophisticated judicial systems. But nothing, no system and no society, has ever provided for the protection and the rights and the feelings of an individual like the system of Torah.
The Alter from Kelm (1824-1898) comments on the pasuk [verse] in this week's
portion, "Do not accept a false report" [Shmos 23:1]. The Talmud infers from
this pasuk that there is a prohibition to accept or to speak Lashon Harah
[gossip; tale bearing]. The Talmud [Pesachim 118a] comments on the
juxtaposition of this verse with the preceding pasuk ("You shall not eat
flesh of an animal that was torn in the field; throw it to the dog"
[22:30]). The Talmud says that one who speaks or listens to Lashon Harah or
bears false testimony against his friend is worthy of being thrown to the
dogs. The Alter from Kelm asks, "Has there ever been a society on the face
of the earth that has made such a 'big deal' about speaking Lashon Harah?"
I was once on an airplane, and there were two people from the same office
sitting next to me. They were having a discussion about office politics.
There were no holds barred. Neither of them prefaced any comments with
"Excuse me, this is really Lashon Harah, but..." There were no pangs of
guilt. This was open and blatant. They went on and on about this co-worker
and that co-worker. Why? The reason is because they do not even have a
concept of Lashon Harah. They had no concept that gossip is wrong, or evil.
"Who is like Your nation Israel, a unique nation amongst the (nations) of
the earth?" [Samuel II 7:23] Do any other nations on the face of the earth
have organizations and rallies and religious curricula for the express
purpose of promoting the message not to gossip?
In the world at large there are "Pro-Abortion" rallies and "Anti-Abortion"
rallies. That is a major issue. "Capital Punishment" vs. "No Capital
Punishment" is another major issue. However, gatherings across an entire
country for the purpose of promoting kinder and gentler speech? That is
unheard of!
From where does this characteristic of the Jewish people stem? It stems from
the fact that there was a Receiving of the Torah prior to Parshas Mishpatim
(including all the basic civil laws). We know that we could not have
invented all of these various legal principles on our own.
The Torah legislates that one is required to help load the donkey of his
enemy before that of his friend! No society has ever made up a law that one
must fix the flat tire of his sworn enemy before he fixes the flat tire of
his life-long friend. That is Jewish law! "Who is like Your nation Israel, a
unique nation amongst the (nations) of the earth?"
The narrative is written out of sequence -- Parshas Yisro before Parshas
Mishpatim in order to teach us that had there not been Torah (Parshas
Yisro), there could have never been Derech Eretz (the civil law found in
Parshas Mishpatim).
Without a Divine Being, we can not begin to erect a fair and kind society
(if there is no Torah there is no Derech Eretz). And without Derech Eretz,
without being a 'mensch', without knowing how to take care of one's ox, one
cannot possess Torah. Derech Eretz precedes Torah, and stems from it as
well.
This write-up was adapted from the hashkafa portion of Rabbi Yissocher
Frand's Commuter Chavrusah Torah Tape series on the weekly Torah portion.
The complete list of halachic topics covered in this series for Parshas
Mishpatim are provided below:
Also Available: Mesorah / Artscroll has published a collection of Rabbi Frand's essays. The book is entitled:
and is available through your local Hebrew book store or from Project Genesis, 1-410-654-1799.
