Parshat Mishpatim contains four main sections. Spanning Exodus 21:1 – 24:18 Mishpatim means “judgments.” What kinds of judgments? These are the laws derived from humans whereas the term “Chukim” refers to laws beyond the grasp of human understanding. This Parasha has also been known as the “Book of the Covenant” which Moses had written down (Ex. 24:7). The term “…naaseh v’nishmah” you will then understand first makes its presence in the lexicon of religious directives.
We examined Ex. 21:24 (eye for an eye) and determined by back reading the section that the punishment was monetary rather than actually taking an eye if on loses and eye. The literal application of punishment was not intended in these passages. The use of prefixes indicate a continuation of thought as well as the structure of paragraphs. We examined sections of the actual Torah and became able to recognize closed paragraphs and open paragraphs (and how they are indicated in the JPS TANACH) as an aide in determining context.
Getting back to “eye for an eye,” also known as “Lex Talionis” sought to limit retaliation to the exact measure of the injury, rejecting the Near Eastern practice of vicarious punishment against family members. Also in the mix was the Code (or Law) of Hammurabi. Dating back to 1772 BCE it is one of the oldest deciphered writing of significant length in the world. The sixth Babylonian king, Hammurabi enacted the code. Hammurabi ruled for 43 years from about 1792 – 1750 BCE and at that time the 282 laws, with scaled punishments were graded according to social status of slave versus free man; nearly half of the laws deals with matters of contract. Other provisions set the terms of a transaction, establishing the liability of the builder for a house that collapses or property damage while left in the care of another. A third of the laws concern household and family issues ranging from inheritance, divorce, paternity and sexual behavior. A small section relates to military service.
One observation in our session compared the assessment of monetary value on damages to a modern day forensic accountant. Excellent comparison.
We also discussed men who lost their families and join another through slavery. A man can conscript to elective servitude for six years and after those years can either go free or become a permanent servant to that household. During that time the man can be given a wife (either related to the owner or not). If the wife bore a child and the man decided to leave the family the owner of the slave contract can keep the woman and child and the man leaves without them. This became motivation such men to remain with a family of course. Should the man decide to remain his left ear lobe was pierced as a sign of permanent servitude. This, of course, will foreshadow the Sabbatical Year later in our Torah text.
The section of Haftarah paired with this Parasha is from Jeremiah 34:8-22. Jeremiah message came around 589 BCE when the Israelite elite tried to win God’s forgiveness by releasing all slaves who, according to biblical law, should have been released long before then. Jeremiah pronounces judfement on Israel’s elite and predicts harsh consequences. Of note in this section is the first use of the word “Yehudee” or Judasim in the TANACH.
Next week we study Parashat Terumah beginning with Exodus25:1 through 27:19. Our Haftarah is taken from the Book of First Kings 5:26 through 6:13. A compelling question was asked a Torah study last week; “How does First and Second Kings influence the current political climate in Israel today?” Any thoughts? Please feel free to share
Cantor Eichaker
