"And these are the laws that you must set before [the Israelites]" (Shmot 21:1). "In all cases that the Torah uses the word "eileh" (these), it means that the new teachings negate the previous ones. When the Torah uses the word "v'eileh" (and these...) the new teachings come to add to the previous ones. Here the Torah reads 'And these are the laws...', teaching us that just as the earlier laws were given at Mount Sinai, so too these laws were given at Sinai." (Rashi)
We know that the entire Torah was given at Mount Sinai, so what would lead a person to think that the laws of judgements that are written in our parsha were not given at Mount Sinai?
The midrash teaches: "Don't ridicule judgements, for it is one of the three pillars of the world, as Chaza"l (the rabbis) taught us (Avot 1:18), 'The world stands on three things: judgement, truth and peace.'" The wording of the midrash is surprising. Why would we ridicule or belittle the importance of the judicial laws? Would the midrash tell us not to belittle the laws of t'fillin?
The Talmud quotes the verse in Yeshayahu "And he shall be the stability of your times, a store of salvation, wisdom and knowledge, the fear of the Lord is his treasure" (33:6), and explains that it is referring to the six sections of the Mishna. "Salvation" (yeshuot) refers to the section of mishna known as Nezikin, which deals mostly with the laws that govern the relationship between men. How are civil law and salvation (yeshua) related?
To answer these questions we have to clarify the importance of judgement or civil law, in the Torah.
There are historians who claim that the Torah's laws were influenced by ancient codes such as the Hammurabi laws. Hammurabi was the king of Babylon over 3,000 years ago. He is famous for a compilation of laws written on stone in the Akkadian language. Because of the similarity between these laws and those found in our parsha, researchers claim that that the laws of the Torah are based on the legal principles of the Hammurabi code.
The reasoning that is the basis of this claim is that the laws governing the dealings of men, such as the laws of physical and monetary damages, have no place in Torah and religion. Criminal and civil law are humanistic in nature, but only the laws governing the relationship of man and G-d can be part of a religious code of law. If this line of reasoning is accepted, then it follows that the Torah's laws of judgements could have been influenced by other ancient codes of law.
To avoid this error, the Torah stresses that the laws of our parsha were Divinely given at Mount Sinai just as all the earlier laws were given at Sinai.
Even after we understand the Divine nature of the civil and criminal laws of the Torah, one can still have the mistaken notion that the study of these laws is less important than the study of the laws that define man's relationship with G-d and other purely spiritual matters. In our study of the laws of courts, damages and criminals we are forced to "meet" the thieves, con men, and people who cause injuries and damages. This means involving ourselves in some of the unpleasant aspects of human nature, caused by the lowly nature of our physical world. It's understandable that this might mislead some to ridicule this aspect of the Torah, reasoning that sensitive and spiritually minded people shouldn't involve themselves with these laws. It might appear that only coarse, materialistic people would be interested in dealing with the mundane aspect of life.
To negate this misunderstanding the midrash teaches us that judgements form one of the pillars upon which our existence depends. The laws governing the dealings of men aren't just a means of maintaining order in society, but rather the foundation of the entire world.
Now we can understand why the section of the Mishna (and Talmud) that contains these laws is referred to as "salvation."
Man can mistakenly perceive this world as being run by laws of nature that function on their own, without recognizing the guiding hand of Hashem in our world. By applying his intelligence, man can study the laws of nature, and manipulate them, causing Hashem's role in this world to be even more hidden. When the geulah (redemption/salvation) will arrive, Hashem's name will be known in all corners of the earth, "...for the earth shall be full of the knowledge of Hashem, as the waters cover the sea" (Yeshayahu 11:9).
The Talmud (Megilah) states that "quoting statements in the name of their originator brings redemption to the world." The Maharal of Prague explained this cryptic teaching as meaning that if a person is careful to seek out the source of the teachings that he is repeating, he will certainly be interested in seeking out the source of all that exists in this world. Clarifying the relationship between Hashem and creation is the geulah (redemption).
The study of Nezikin (the section of the Mishna that records the laws governing men) reveals how the Divine law given at Sinai applies even to the most mundane aspects of life. The study of Nezikin is geulah (redemption).
The Divine nature of the laws defining the dealings of men and the importance of studying these laws are stressed in the Torah by certain changes that the Torah made in recording the events surrounding the giving of the Torah.
The midrash teaches: "The Torah says (in last week's parsha when Yitro recommended appointing judges), 'Let [the judges] administer justice for the people on a regular basis' (Shmot 18:22). In our parsha the Torah says 'And these are the laws that you must set before [the Israelites]:' In between these two units that deal with administering justice, are the Ten Commandments. This can be compared to a queen who is surrounded by guards on all sides. The Torah is similarly surrounded by the laws of judgements." There is an opinion amongst the commentators that Yitro came to Bnei Yisrael in the desert *after* the Torah was given, even though the story of his visit is recorded in the Torah before the giving of the Torah. The midrash that we mentioned offers an explanation for this change in the order of the events. The Torah wished to stress the importance of courts, judges and civil law by surrounding matan Torah (the giving of the Torah) with these laws.
Had the Torah not included the laws which define the dealings of men it would have remained abstract and its importance would have been limited to the beit midrash (house of study) and beit knesset (synagogue). The Torah would have been irrelevant in much of our daily lives, demanding of us just to keep the mitzvot in a sort of ceremonial manner. The laws of Nezikin teach us to serve Hashem in all aspects of our lives. This is the meaning of the pasuk in Mishlei, "Acknowledge Hashem in all your ways..." (3:6). The verse means to literally serve Hashem in all the elements of our lives. These are the "judgments" that form a pillar of the world's existence.
At the end of Parshat Mishpatim the Torah mentions the giving of the Torah once again. "[G-d] said to Moshe, 'Go up to G-d along with Aharon, Nadav and Avinu, and sevnty of the elders of Yisrael. [All of] you must bow down at a distance'" (24:1). Rashi explains that this occurred on the fourth day of Sivan, before the Ten Commandments were given. (Ramban -Nachmanides, disagrees with this interpretation). Again, we have to ask why the Torah changed the order of the events (according to Rashi's understanding). We can return to the comparison that the midrash made between the Torah and a queen surrounded by guards. Except that now we are going to invert the former parable, for now the queen walking the center is the law, and the guards surrounding her are the giving of the Torah which appears before and after the mishpatim (laws) of our parsha.
We see from this that the all of the Torah's mitzvot are of Divine nature, given at Har Sinai, and the Torah's civil and criminal laws are not a human convention merely designed to regulate the dealings of men.
The Torah teaches us to serve Hashem at home, in the field, when we enter the office and when we leave it. By revealing the name of Hashem in all aspects of our lives we are bringing the redemption closer, and with the help of G-d we will merit to see its completion.
Shabbat Shalom from Beit Orot in Yerushalayim
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