Sparks of Mishpatim
Judgements and the Number 13
Last week we were standing at Har Sinai. This week we begin with the laws of slaves. And surprisingly, the Torah connects the two experiences. As Rashi points out, the parsha begins, “And these are the mishpatim that you shall place before them.” The words ‘and these’ connects these mitzvot to the previous mitzvot. Just as those were given at Sinai, so were these. What is the connection?
And while we are pondering that question, we can also wonder about the next Rashi, which describes a conversation the Midrash envisions between Hashem and Moshe. In the conversation, Hashem warns Moshe, “Don’t think of just teaching the Jews the mitzvot as they are. You have to set the mitzvot before this nation the way a person sets a well-prepared table. The mitzvot have to be given together with their reasons.” Clearly, Moshe wasn’t exactly the lazy sort, who would leave out any part of the mitzvah. What is this warning all about?
We can get a bit more clarity by taking a deeper look at what the essence of a “mishpat” is. In general, we translate mishpatim as those laws which would have been compelled by logic if they hadn’t been mandated by the Torah. But Rav Shapiro explains that the word mishpatim, literally, means judgements. Mishpatim are laws that include an aspect of judgement, where there are two side that argue their case, like in a monetary dispute. Both sides must be taken seriously, and a judgement must be rendered. Where there is mishpat, judgment, there is first a moment when things are unclear. Clarity comes later, after the judgement is made.
Rav Shapiro explains that the introduction of Parshat Mishpatim is the introduction of a second pathway within the Torah. The first path was what we experienced at Har Sinai. It was a revelation of the true face of existence that was so powerful, so clear, that there was nothing that could stand before it. The experienced of Har Sinai is described as if Hashem held the mountain over us. We were coerced. In the face of truth and clarity it is impossible to take another path. When the Torah is given from a place of that much clarity, any reasons are superfluous; when Hashem Himself personally tells you to keep the Shabbat, it’s not necessary to spend time wondering why. Moshe lived with the clarity of Har Sinai, where reasons weren’t necessary. It was entirely reasonable for Moshe to want to teach us the law with no reasons attached.
However, Bnei Yisrael could not stay in the experience of Har Sinai forever. Parshat Mishpatim is an expression of anther reality, the reality where there is judgement. There is no longer just one clear path, but two competing sides, that we must choose between. Mishpatim opens up with the law of a Jewish slave in the sixth year, who must choose between his life as a slave, which he has grown to love, and the freedom which the Torah tells him is his due. In this mitzvah, we can see the first of the aseret hadibrot refracted through a different lens. Hashem told us at Har Sinai that He was our G-d who took us out of Egypt. At that moment we knew we were free, with perfect clarity. It’s a lot harder to feel the reality of our freedom after five years of slavery. Hashem may have taken us out of slavery in Egypt, but Mishpatim begins with a man who finds himself, again, a slave.
Parshat Mishpatim is the path we recognize. It involves all times when we find ourselves judging, when our circumstances aren’t as we would want them to be, or where the freedom of the Torah doesn’t feel that enticing. It is here that the comments of Rashi take on deep meaning. Both paths of Torah, says Rashi, were given at Har Sinai. It was all part of the original plan.
From the very beginning, Hashem commanded Moshe to teach the mitzvot with their reasons. This is not because we hope to understand the thoughts of Hashem and is also not so that we can argue with others. We are given reasons for the mitzvot so that we can be victorious in our own inner judgement, so that we can argue against our own inner fool.
We may have fallen into, or pushed ourselves, into circumstances that made us slaves. Even so, we have opportunities to free ourselves. The freedom of the sixth year is like the freedom of the shofar on Rosh Hashana. It reveals and actualizes whatever is asleep and dormant within us. We are free to refuse to listen to this shofar again and again. We can make the choice to remain slaves. But we are still always marching toward the Yovel, and when the shofar of Moshiach is blown, then all slaves are freed. We may not recognize how or why, but it is all part of the plan, marching toward Hashem’s goal.
Part of this path is the assurance from Hashem that we have a point within us that is able to make the right choice, even in our confusing world. This is because the world is built around a point of truth. This point is beautifully illustrated by Rav Shapiro through an exploration of the number 13, and the way that number is expressed in the three forms of our world: olam, zman and adam, which translate loosely into space, time and man.
13 is the number that brings together our world of expansion. To illustrate, in space a single point can expand in six basic directions. When it expands to make a form, there are 12 points at which those six directions touch each other (these are the six points of a cube). Additionally, there is another, middle point around which they all revolve. This is the 13th point, the point of unity within the expansion, the point of unity within the entire structure.
In time we can see a similar phenomenon. From the first moment of creation, the world expanded into the six days of the week, and from there into the twelve months of the year. These are the twelve months of the sun, which march endlessly forward, apparently without meaning. However, the first command was, “This month is for you.” Hashem handed time over to us, and allowed us to participate in the march forward, and to give it meaning. The mitzvah of Rosh Chodesh is, unsurprisingly, called a judgement (Tehillim 81:5) and when we intercalculate the system of the moon into the system of the sun, we do it through a court. The 13th month we add, the extra month of Adar, serves to unify the two systems of time, the natural system and Hashem’s hidden plan.
This idea is also expressed in the realm of man. We express ourselves in our prayers. The original 12 brachot of the Amidah prayer are an expression of the basic needs of man as we expand in our world. The extra, 13th, bracha was added in later by Rabban Gamliel, together with his court. It is the prayer against heretics. Rabban Gamliel considered our greatest human need: our need to connect to Hashem, and to introduce clarity and purpose into our world. This is the need that unifies all our other needs in the world.
The 13th bracha was added into the Amidah immediately after the blessing, “Blessed are You, G-d, the King Who loves righteousness and judgment.” And the extra month of Adar is added into our year this week, immediately after we read the parsha of Mishpatim. That is us, this week. We no longer stand at Har Sinai, and most of us are slaves, to one thing or another. We may even identify strongly with the slave this week, who chooses to stay right where he is. The message of the parsha is, we can reach in, with our emotions and our intellect, and we can choose to find our own freedom by connecting to that point of truth within ourselves. And even if we don’t, we are still on a path toward eventual freedom.
**This week’s post is dedicated to my wonderful Father, on the occasion of his 75th birthday, and my wonderful son, on the occasion of his 25th birthday. Enjoy your shared celebration. Wish I could be with you!!