Mishpatim: The Laws of G-d Are Truth!

by Rav Dov Lior, yeshiva.co, translated by Hillel Fendel

What happened after the Stand at Mt. Sinai? Could anything significant have possibly followed this incredible, once-in-history event? The answer is that the Children of Israel continued to receive more Torah and more mitzvot (commandments) from G-d! They had received the Ten Commandments not as the end of the story, but as the beginning. As Rashi tells us, based on the teachings of our Sages: The first verse begins with "and" in order to tell us that what we read next is in addition to what preceded it, and that the laws between man and fellow man of the weekly portion Mishpatim were given just after the Ten Commandments, and from the same source!

We might have initially thought that right after the Stand at Mt. Sinai, the Torah would command Israel to build the Tabernacle, where the Divine Presence that appeared to Israel would continue to dwell. And in fact, this is precisely the topic of the next two Torah portions, Terumah and Tetzaveh. Why did Mishpatim come in between? 

The answer is that G-d, in His Divine Torah, preferred to deal immediately with the laws that regulate societal life – those dealing with one who takes money to safeguard someone else's property (or alternatively, does so for free), and with damages, and with borrowers, and the like. This is because this is actually the greatness of Torah: to guide us and instruct us through the complexities of everyday, routine life. 

One of the Torah's guidelines for our everyday lives found in this weekly portion is a special instruction as to how to lead the public when there are differences of opinion: "Do not follow a majority for evil^[1]… [but otherwise,] follow the majority" (Sh'mot 323,2). 

The Sages explain that this verse is referring to a panel of justices. However, the famous Rabbeinu Asher (Rosh) of 14^th-century Europe ruled in his responsa that in communal affairs, the majority opinion should be followed. 

With this, our holy Torah teaches us an important chapter in democracy: If you are uncertain what the truth is in a given case, follow the majority. However, if it is clear to you that the majority wants evil, as determined and defined by our Torah, then "do not follow the many to do evil" - do not follow the majority! We must remember that there are always fundamental eternal values – the values of the Torah – which we as mortals have no power to change. For an extreme instance, the majority can theoretically vote to destroy the minority; this is clearly a case in which we are not to follow the majority, as such a resolution is clearly anti-Torah. 

We hope for the fulfillment of our prayer to G-d that He "restore our judges as of yore," based on the words of the Prophet Yeshayahu (1,26). We pine for the day when our entire legal system will be based on the Torah of Israel, when the entire public will feel that it is theirs, and when the State of Israel will walk in its light. 

In the meanwhile, however, it is very important that whoever believes in our Torah and finds himself in a financial dispute, should take his case to one of the many Rabbinical Courts for Monetary Issues spread across the country. And in this merit, whereby we all rely only on Torah law and not secular law, we will bring closer our Redemption and salvation, and the verse immediately after the above-cited one will be fulfilled through us: "Zion will be redeemed in law, and its returnees – in justice." 

^[1] for instance, judges must not follow a majority of only one to hand down a death sentence.