This parshah sets forth the civil laws of the Torah. They are referred to as mitzvos bein adam l’chaveiroh (mitzvos between Man and his fellow Man). Mishpatim are ordinances while chukim are commandments from God without rational reasons behind them (such as the laws of purity, the red heifer, and kashrus).

The Torah begins with the laws of slaves. Hebrew slaves were to be well treated and granted their freedom after seven years. If the slave willingly chose to remain with his master, his ear was pierced with an awl, and he was bonded for life.

There were three capital offenses: Homicide, Abuse of Parents, and Kidnapping. For bodily damages inflicted on a person, damages monetary damages were set depending on the circumstances. These included injury to a slave, and unintended harm to a pregnant woman.

The Torah specifies the law of lex talionis (an eye for an eye; a tooth for a tooth) along with injury by a master to his slave. A homicidal beast (an ox) can be put to death and one is responsible for opening a pit on his property. The laws of theft, damages to crops, and bailments (movable goods, wrongful use of property, guardians, livestock and borrowing and hiring) are outlined.

Additional laws against seduction, sorcery, bestiality, apostasy, concern for the strangers, returning lost objects, protecting the widow and orphan, loans to the poor, prohibition of interest (ribis)and pledges complete the list of commandments. One’s duties to God judicial integrity, false charges, agricultural prescriptions, obligations for the religious calendar and rituals end the listing of mishpatim. Moses is given the tablets for the Ten Commandments and the stage is set for the sin of the Golden Calf.

“And these are the ordinances which thou shalt set before them.”

Why does the Torah begin this parshah with civil laws following the section on the Ten Commandments? Rashi comments that the Torah was teaching us that the laws between man and his fellow man are as much a religious obligation as the chukim between Man and God. Business ethics, paying wages on times, honest weights and measures, torts, contracts, and all of the other laws any society would set up are an integral part of Judaism.

The mishpatim are “set” before the people of Israel. As Rashi states, “just as one would set a table for all to see”. The Midrash (Shemot Rabbah) states : “The whole Torah depends on justice; that is why the Holy One, blessed be He, gave the civil laws directly from the Ten Commandments.” The Midrash Tanchuma states: “Before them, but not before the Canaanites.” These laws were for the establishment of a society between the Children of Israel and they were not to adopt the laws and ways of the seven nations.
  
Why did the Rabbis choose to start this parshah with the laws of the Hebrew slave? The Ramban (Moses Nachmanides) writes that this is a reminder of the Exodus from Egypt and the seven years for the shemittah. It reminds us of the Creation just as the shabbat does.

This connects nicely with the Ten Commandments in parsha Yisro. The first commandment states: “I am the Lord your God who delivered you from the land of Egypt.” This corresponds with the first of the mishpatim concerning the treatment of Hebrew slaves. The Ten Commandments serve as a foundation of Judaism, but they are not the whole fabric of our religion. The sages deduce 613 mitzvos which include all of the mishpatim and chukim. They form the moral fiber of what it means to be a Jew. When followed, they present an image of a person dedicated to helping others, serving God, and tikkun olam, “repairing the world”. This is a positive image to present.

The Talmud tells the story is about the sage, Rabbi Shimon ben Shetach who once bought a donkey from an Arab. Neither man noticed a small sack attached to the animal when Rabbi Shimon bought the donkey. Some time later, one of Rabbi Shimon’s students opened the sack and found a diamond. Excitedly he brought the jewel to his Master. “Sell it, Rabbi! Imagine all of the mitzvos you could perform with the money!”

“It is true that I could perform many mitzvos with that sum of money. However, they will never erase the sin of spending money that was not mind. My intention was to buy a donkey, not a diamond. I shall return the jewel to its rightful owner”, the rabbi replied. The Arab was so impressed with Rabbi Shimon’s honestly that he declared, “Blessed Be the God of Rabbi Shimon ben Shetach.”

In business, there is the expression in Latin, “caveat emptor”; which means, “let the buyer beware”. The Torah states, however, that neither buyer nor seller must defraud one another. The story is told of a rabbi who was also a merchant. A gentile buyer came over to him to make a sale during the time of prayer. Concentrating on the Shema, the rabbi did not acknowledge the presence of the man who was making offers for his merchandise. Thinking that the rabbi’s silence was a negotiating tactic, the man kept increasing his offer. After finishing the Shema, the rabbi told his buyer that there was no need to increase the initial price. His original offer was most generous and his silence was only due the prohibition against talking during prayer.

One of the most misunderstood laws in the Torah comes under the Latin phrase of “Lex Talionis”. The phrase “ayin tachas ayin” or “an eye for an eye” has been associated with vigilante justice for many thousands of years. Yet the sages state that the law was never meant for actual retribution. The Torah states that you shall “do what is fair and just before the eyes of the Lord”. If this is true, how can inflicting deliberate damage on someone meet that standard?

The laws of damages are studied in the Talmud in Seder Nezikim. Among the many arguments against retribution in favor of monetary compensation goes as follows: If the Torah literally meant “an eye for an eye”, how could justice be served if a blind man accidentally takes out the eye of his fellow? What more could you do to him?

The mishnah in Bava Kamma (2:6) states, in part: “Adam Muad L’Olam” (Man is always forewarned). By this, the sages mean that there is no such thing as “ignorance of the law”. Some damages may be held “tam” or “blameless”. The ox remains tam until it gores someone for the first time. A person, however, is put on notice (muad) that they are always held responsible for their actions. This differs from American civil law.

This continues the theme that the mishpatim, while societal laws, show that Judaism demands a higher standard in daily living and interpersonal relations. We are reminded of this when the Torah continually adds the phrase, “I am the Lord”, to many of the mishpatim.

One final consideration, are the laws of usury (halachos ribis). The Torah states: “If thou lend money (to any of) My people, (even to) the poor with thee, thou shalt not be unto him as a creditor; neither shall you lay upon him interest.”

While the Mishnah in Pirke Avos states that the world stands on three things: Torah, Avodah, and Gemilus Chassidim (Torah study, service to God, and deeds of kindness), the sages were aware that societies are built on business and profits. Lending money to the poor, giving tzedakah, leaving the corners of the fields for gleanings (peah) was an important aspect of Jewish living. However, to conduct business and make a living, partnerships, contracts, loans, liens, mortgages, chattels, and basic economics keep a society healthy and growing. These practices must be balanced with moral ethics as important as any Torah law. Let us strive to always be aware of our responsibilities as Jews and strive to make the world a better place.