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27 Sh'vat 5766 – Feb. 25, 2006 Mishpatim “Judgments” - Shemot
(Exodus) 21:1- 24:18 Without order a society decays because moral
and physical corruption soon replace productivity
and restraint. As a result, anarchy occurs and individuals live to fulfill
their own pleasure. Therefore, establishing order is the most important
foundation of any society. To establish order
a hierarchal structure needs to exist. An ordered society is not an
equilateral relationship. An equilateral relationship is when the value
of God, mankind, and possessions are all considered equal, with no incentive
for respect. Then who is to say stealing, idolatry, or murder is wrong.
In this state, a society values nothing and cherishes nothing. However,
a society based on a hierarchal scheme maintains order because the hierarchy
is established in a code that spells out the importance of each level
of the hierarchy. For example, a society that places great importance
on human life creates a code that makes murder a greater offense than
theft, by making the penalty for murder greater than the penalty for
theft. In Mishpatim, we can see that HaShem’s design for social
order in Yisrael was specifically designed to create deterrents for
the transgressions that He considered the most offensive. In Mishpatim
we see a description of a theocratic hierarchy that makes laws on three
levels. HaShem established laws for three levels of responsibility God,
mankind, and property. In Mishpatim, at the highest
level of the hierarch of social order is HaShem. HaShem is at the top,
because Yisrael was a mono-theocratic form of government. Order existed
because HaShem’s theocratic society had laws and rulings established
to define God’s position. Without laws HaShem knew the children of Yisrael
would not know to serve Him. Judgments were designed to create a single
head of state. This is recorded in Shemot 22:20, which states: “He
that sacrifices to any god, except unto HaShem, he shall be utterly
destroyed.”
Enforcement of the judgment required HaShem to pronounce the harshest
punishment possible, a capital offense. Therefore, HaShem made it clear
that anyone caught sacrificing to other gods would face total annihilation.
HaShem’s punishment meant that idolatry carried a penalty that extended
beyond the physical world. The word translated total annihilation in
Shemot 22:20, is Charam, and means totally dedicated or
consumed. HaShem made it clear that idolatry in Yisrael would not be
permitted. The offender would be required to forfeit his or her total
being. In other words, the offender was required to be totally consumed,
thereby forfeiting mind, body and soul. In fact, Shemot 22:20
is the only judgment in Mishpatim that pronounces the punishment
of total annihilation. HaShem wanted Yisrael to be totally committed
and to function as a theocratic society, therefore offerings to other
gods brought eternal punishment. In Mishpatim, the second level of
responsibility in Yisrael’s society is mankind. In Mishpatim,
human interactions are second only to interactions with HaShem. Therefore,
offense in human relationships carries a punishment almost as harsh
as the punishment for idolatry. However, unlike idolatry, corporal transgressions
did not carry an eternal punishment. The punishment for corporal transgressions
was physical death. The death penalty was prescribed primarily in these
four cases: murder, kidnapping, cursing parents, and bestiality. Shemot
21:12 states, “He
that smite a man, so that he die, shall be
surely put to death.” To maintain order HaShem could not allow murder.
From a spiritual perspective, murder was taking the life of an individual
that had been created in the image of God. Therefore, murder was symbolic
of destroying the image of HaShem. As a result, the murderer was required
to forfeit his or her own life. Kidnapping was also punishable by death
because it inhibited the God given right of freedom. When Yisrael was
delivered from Egyptian bondage, the firstborn Egyptians were sacrificed.
Therefore, Yisrael was redeemed by the death of the firstborn. In remembrance
of the death of the firstborn HaShem did not want Yisrael to return
to bondage. Kidnapping is a crime that forces an individual into bondage.
To deter kidnapping HaShem made the offense punishable by death. Cursing
parents is also punishable by death. HaShem required the death penalty
for cursing parents because it erodes the structure of authority. Allowing
it would promote instability within the family, and eventually within
Yisrael. Finally, in Shemot 22:19 we see that bestiality is also
punishable by death. It totally defiles an individual. Any individual
willing to commit bestiality is consumed with his or her own lust. They
become totally consumed with pleasing themselves. People existing solely
for physical pleasure become unrestrained and eventually lose all focus.
As a result, they become lazy and do not contribute to society. Therefore,
HaShem required the death penalty. The lowest level in the hierarchy of Yisrael’s
society is property. Unlike crimes against mankind or crimes against
God, crimes involving property only required restitution. The main areas
discussed are livestock, robbery, crops, and stewardship. Shemot
21:35 states, “if one man’s ox hurt another’s, that he die;
then they shall sell the live ox, and divide the money of it; and the
dead ox also they shall divide.” When one ox killed another both
the owner of the dead ox and the owner of the live ox are required to
sell the living ox and divide the profit. As a result, both farmers
shared the burden of loss. Therefore, both farmers were less likely
to carry a grudge. Shemot 22:3 states that a robber who commits
a daylight robbery is also required to pay restitution. Robberies committed
during the daytime are primarily done to steal property, not to hurt
anyone that might be home. Therefore, HaShem only required daylight
robbers to make remittance for the theft. Restitution is also required
for the loss of crops. In Shemot, 22:5 we see that when a neighbor’s
livestock is let in and eats the crops, the offending neighbor is required
to be responsible for his livestock. As a result, the offending neighbor
is required to make restitution form the best of his crops. Stewardship
between friends and neighbors was also important. Shemot 22:14 states
“if a man borrow ought of his neighbor, and it be hurt, or die, the
owner thereof being not with it, he shall surely make it good.”
We can see that HaShem wanted the children of Yisrael to take responsibility
for borrowed property. As long as the owner was not with his borrowed
property restitution was required from the Yisraelite who borrowed the
property. HaShem considered an individual’s investment important. Therefore,
He required restitution for crimes against property. To maintain order HaShem formed a theocratic government and made
judgments based on the magnitude of the crime. HaShem established punishments
that matched the nature of the crime. The three punishments HaShem established
were total annihilation, death, and restitution. Annihilation was used
in cases involving idolatry. Physical death was for cases involving
the harm of mankind. Restitution was for cases involving the theft or
damage of property. By defining crimes and their punishment, HaShem
was bringing order to Yisraeli society, and creating a hierarchal form of government.
As a result, Yisrael’s social order was founded on a government with
laws governing relationships between God, man, and property. By Rabbi Yaakov benYosef – ABOUT-Torah.org |