Parashat Mishpatim

The Torah selection of Mishpatim presents the civil legislation of the Torah. The dignity of persons underlies the laws presented. The practice of indentured servitude allowed for the freedom of the servant in the Sabbatical year. If the servant refused to accept his freedom, he would have his ear pierced with an awl that would mark him as a perpetual slave.

The rights of the female servant to food, clothing, and physical gratification in her marriage were extended to all women in Jewish marriage. These rights are stipulated in the ketubah of the Jewish marriage ceremony.

Pre-meditated murder is a capital offense. Accidental homicide gave rise to the city of refuge, an important institution in Biblical legislation. Kidnapping is a capital offense in the civil legislation of Israel. The murder of a slave is regarded as a serious crime, albeit not identical to the murder of a free individual.

Exodus 21:22 shares the famous case of inducing an abortion during a quarrel. The compensation for the abortion is monetary damages. The Septuagint has a variant text that is different than the Hebrew, which gave rise to the Catholic ban on abortions.

The famed law of compensation is expressed in Exodus 21:24, "Eye for eye, tooth for tooth, hand for hand, foot for foot." Our sages interpreted this verse to teach monetary compensation for loss. Unfortunately, "eye for eye" is often interpreted as a law of vengeance, but it is actually a law of equity in compensation.

The goring ox of the Torah is a source of detailed discussion in the Talmud. The owner of the ox is held responsible for murder if the ox had a reputation for goring. The death of a slave is viewed as a monetary crime. Rabbinic interpretation brought a profound ethical sensitivity in developing these laws.

The Torah specifies legislation concerning damage to livestock, theft, damage to crops, and guardianship. The seduction of a virgin is regarded as a form of theft.

Israel's compassion for the stranger derives from her own experience of alienation in Egypt. "You shall not wrong the stranger, nor oppress him, for you were strangers in the land of Egypt." The widow and the orphan are embraced. A garment must not be retained as credit for a debt over nightfall. Ethical behavior is the essence of kedusha, of holiness. Even an enemy must be treated with basic civility. His animals must be treated with kindness.

The Torah instructs that the land is to lie fallow during the Sabbatical year. The three pilgrimage festivals are Passover, Shavuot, and Sukkot. The source of the separation of meat and dairy in the laws of kashrut is Exodus 23:19. "You shall not cook a kid in its mother's milk."

Exodus 24 shares the ratification of the brit, the covenant between G-d and Israel. The people affirm their commitment declaring, "All the words which the L-rd has spoken we will do." Blood serves as ritually sealing the sacred relationship. Moses, Aaron, Nadav, and Avihu experience the presence of the divine glory, the kavod. Moses returns to Mount Sinai for forty days and nights.