Parshat Mishpatim; Exodus 21:1-24:18 By, Rabbi Denise L. Eger

This week the Torah reveals more details of the covenant with God. Last week the Ten Commandments were revealed to Moses and the Children of Israel. This week God shares with Moses a highly developed legal code that covers both criminal and civil law. These form the core of our Halakah, our Jewish legal system. There are laws on slavery and property, laws about ownership and money. There are also laws that we would categorize as more religious having to do with idolatry and Israelite cultic religion, the observance of the shmitta or sabbatical year and the Sabbath.

The brilliance of this system is that there is no division between those things that today we would call secular law and religious law. It is part of the same fabric in this week’s portion Mishpatim. All of it comes from its source—God. All of these statues have equal weight.

And this is why we observe them as Jews. At the foot of Mt. Sinai so long ago we said we will do it and we will listen. The source of our responsibility is that we believe that there is a force, a larger calling by that which we name as God to lift ourselves up to a stronger moral code of behavior. We strive to make our base human responses holy through the law. Perhaps this code is ever evolving from ancient days but one that we continually strive towards achieving.

So for example in this week’s portion there is a discussion of slavery. This is an anathema to us in the year 2007. But in the ancient world slavery was part of the economic reality of its day. The laws of slavery as discussed in the legal code of Exodus gave some dignity to the slave and some parameters of decency that the slave owner must adhere to. Slavery was not a permanent condition according to the Torah but a situational one. “When you acquire a Hebrew slave, that person shall serve six years and shall go free in the seventh year without payment (Ex. 21:2).” Imagine what this sounds like to the Israelites at Mt. Sinai. They had just left Egypt after more than 400 years of slavery for the Hebrews in Egypt. Can they even imagine owning a slave? Since they were slaves but a mere three months ago? And if they owned a slave, would they treat him or her with the same disdain and oppression and terror they experienced in Egypt? Or having walked in those sandals would they treat him/her with a different kind of dignity. And can any Israelite even imagine having to go back to servitude after tasting freedom?

Nevertheless this week’s portion recognizes that there might be desperate times or situations when someone might have to become a slave. But the wisdom of torah mitigates. Thus slavery is time limited to six years. And how economically feasible is it to only have a slave for such a short period of time? Further later Halakah required any Jew who had slaves to make sure their slaves were Jewish. Thus the slave must be given Shabbat off and then must be set free after six years of service!

So while Exodus doesn’t come out and repudiate slavery (which we wish it did), it does make it so unpalatable as to make it difficult have slaves and to make it work as an economic reality.

Thus Halakah is evolving over time through the application of the law and the ways the rabbis interpret it.

So as we read through the various laws and rules and statues. We cannot only read the Torah text alone. We must read it with an eye to this history of Jewish law and how it develops through history and time. Knowing that today, it still undergoes transformation in Jewish life and our lives.

Posted by Lee at February 12, 2007 09:08 AM