Friday, January 24, 2014

Law and order...Sinai edition



I went to a class on parshat haShavuah, the week's Torah portion, this past Monday. I arrived on time and found the rabbi had already begun. Within minutes, I had challenged what he was saying and engaged him in dialogue. We were meant to be discussing parshat mishpatim, the Torah portion on laws/regulations, but hadn't gotten past the first verse, ואלה המשפטים אשר תשים לפניהם, and these are the laws which they should place/put before them.

The rabbi had opened the book to the parsha and was reading verbatim and then explaining the already detailed explanation. Instead of focusing in the word mishpatim, we focused on the word lifnay-hem, before them. There were three explanations, only one of which I remember. This was a comment by rabbi schneerson, a rabbi from Chabad, which talked about the fact that there are three kinds of laws: חוקים, עידות, ומשפטים, (all meaning something along the lines of laws, ordinances, commands). However, each has its own interpretation in Jewish law. The hokim are the laws that we follow, not necessarily given a reason, not even making sense. Rather, we follow them just because. There isn't really a rational behind it. Aidut are laws that make little sense when we learn of them, but do seem to have basing in the Torah. The last category, mishpatim, is the one that most interested me. These were laws that made sense without question and came directly from the Torah. They didn't need explanation. Obviously, this weeks Torah portion is considered to be one of mishpatim, yet I was surprised. Why are witches a problem? And why do we need such specific laws on how to keep a woman and what to do with a virgin? These don't seem very obvious or reasonable to me...I asked the rabbi to explain how this made sense and he gave me a logical explanation (which wasn't so memorable because I cannot seem to recall it). We settled and moved on.

Later that night, and all through the week, these differentiations have bothered me. But more than that, this entire portion. Why does God give us the Ten Commandments in the previous portion, and then continue to give us specific guidelines for specific situations? The Ten Commandments are general life rules, but these are very particular circumstances in which to be placed. I don't personally know of any witches or people with oxen, nor do I believe the slave trade is still functioning. However, I do realize the necessity for guidelines, for specific rules to govern ones actions. Every government has found that in order to keep the peace and maintain autonomy, there must be guidelines to follow. God is simply setting up God's ruling system from the beginning, giving us the guidelines right after we verbally sign the contract (in the previous parsha).

Therefore, as with any rules, we must take these in stride. We recognize that there is a time and place for every rule. Instead of automatically following each dictum, we must carefully consider the logic of it and our understanding. Only then can it truly become a mishpat, a law with reason, and we can follow it.

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