Ekev: The Laws, Statutes, and "Smart Ideas"

by Rav Avraham Tzuckerman, the late co-founder with Rabbi Moshe Tzvi Neriah of Kfar HaRoeh, the first modern Yeshiva High School, yeshiva.org.il, translated by Hillel Fendel.

The commandments of the Torah include Chukim (statutes), Mitzvot (commandments), and Mishpatim (often translated as "ordinances").

Chukim are laws between man and God that our intellect is incapable of explaining. Mitzvot are commandments that set the norms of Jewish community life; we ourselves might not have established them, but we understand their rationale. Mishpatim are laws between man and his fellow man that, even if the Torah had not commanded us to follow them, we would have established them ourselves to regulate daily life.

The final verse in last week's Torah portion mentions all three of these, while interestingly, the first verse in this week's portion of Ekev mentions only the Mishpatim: "If you adhere to these Mishpatim, and safeguard and observe them, G-d will remember for you the Covenant and kindness that He swore to your forefathers" (D'varim 7,12). Logically speaking, it should have been the opposite: Such a beautiful promise of reward should have been given us if we follow the Chukim and the Mitzvot, which human logic either cannot grasp or would not have grasped. But why do we deserve such Divine reward for simply following mitzvot that are so logical that we would have instituted them on our own?

We read in Tehillim: "The laws (mishpatim) of G-d are truth, righteous together" (19,10). This tells us that that there is a measure of "statute" even in our logical laws, and there is also logic in the statutes. Similarly with the mitzvot that come to remember important principles, such as Passover and Sabbath, there are elements of logic and illogic together. He who truly understands the depth of "there is no singularity like ours" can also understand the true depth of all the mitzvot, including those between man and man; they are more than simply "smart ideas."

This also explains that even regarding laws that the nations of the world also follow exactly as the Torah commands, we may not be judged by them in their courts. As King David wrote, "His statutes and laws are for Israel… the other nations do not know the laws" (Tehillim 147,18-19); they cannot grasp the inner meaning of the laws of the Torah. This is why we read here: "If you adhere to these Mishpatim… G-d will remember for you the Covenant and kindness that He swore to your forefathers."

Furthermore: The word used here at the beginning of Ekev signifies that we are to keep the mitzvot with joy and happiness, in which case "G-d will remember for you the Covenant and kindness." And as we saw, this applies specifically to the Mishpatim; the Chukim and other commandments were not mentioned here. This is because the latter are unique and Divinely-ordained, and people keep them more "religiously;" they are not routine for us. But the inter-personal laws, such as ensuring not to insult others or embarrass them, are easily overlooked – and it is these that bring the promise of remembering the Divine covenant and kindness that was promised to our Forefathers. For it was specifically these that our Patriarch Abraham made sure to pass down to his descendants: "For I know him that he will command his household after him, and they will keep G-d's way to do charity and mishpat" (B'reshit 18,19).

And therefore it brings joy before G-d when the seed of his beloved Avraham are careful to observe mitzvot that might become rote and fulfill them with joy. And just as it was the way of the Forefathers to practice charity and "mishpat" – charity and righteousness in their dealings with others, while demanding "mishpat" and meticulousness from themselves – this is what is demanded from us, their offspring, as well. As the Sages derive from the first verse in Ekev: "If you adhere" – the word Ekev is used here, which also means "heel," implying that we must specifically fulfill the mitzvot that we might otherwise generally kick aside with our heels and not attribute them much importance.