Rules

We think of our Jewish tradition as one preoccupied with behavior – proper behavior, just behavior, ethical behavior, behavior that helps to “repair the world.” This week’s Torah portion, Mishpatim is one of the most central textual sources for this idea.

The name of the portion which quite literally means “rules” or “enactments” (there is a judicial connotation to the Hebrew word) stems from the first verse: “These are the rules (mishpatim) that you shall set before them.” (Exodus 21:1) What follows is over 130 verses of rules and it is easy to bogged down in the early verses which pertain to a pre-modern way of life which would seem irrelevant to us (as someone said to me about this week’s portion – “Oh, this is one of those long, boring, legal portions.”). The very first rule we are given pertains to the retention and liberation of slaves. This is also the source for “an eye for eye” so it also articulates a criminal law code which may not seem so merciful or relevant to us. However, as we dig deeper into the portion we can find such gems as “You shall not wrong a stranger or oppress him (or her), for you were strangers in the land of Egypt. You shall not ill-treat any widow or orphan.” (Exodus 22:20-21) and “If you lend money to My people, to the poor among you, do not act toward them as a credito; exact no interest from them.” As angry and vengeful as the image of God is elsewhere (and even in this very portion) it is also breathtaking to imagine an ancient conception of a God who referred to the poor as “My people.”

For us as modern, western, thinking people, all that is challenging and “wrong” about the Torah can be found in this portion but some of the most modern and relevant Torah texts can be found here as well. How do we reconcile this? As we reexamine this portion, we can re-read it as most of our forebears have. That is, we can look at these ethical charges serving as guiding principles for the ways in which we make judgments. In the case of those judgments are of the more literal and traditional sort, taking place in a bet din (a Jewish court), rabbis from the Talmud on have cited these ethical statements as prooftexts for leniency and mercy. In the case of the judgments we make every day, in real life and in real time, these principles help us to make ethical and just decisions. In this respect, the Jewish sensibility that we need to take a complex set of ethical factors into account with every decision we make stems from this portion. The fact that our holy text composed thousands of years ago includes such sections about caring for the poor and the downtrodden helps us to look beyond, and even feel justified in overruling, those more troubling rules found in it. Ultimately, what is powerful about this portion is that the presence of these verses speaks to the deep ethical tradition of our people tracing a line from antiquity to the present day, from our ancient forebears straight to us.