by Rabbi Avi Billet
While there is a debate as to whether the Mishpatim were taught before or after Moshe went up the mountain for 40 days, an easier point to make is that the Mishpatim are related thematically to the verses at the end of last week’s parsha, as indicated by the letter "ו" that opens our parsha: ואלה המשפטים…
Rashi notes that the semichus (proximity) of the rules of the Mizbeach, laid out in the end of Parshas Yisro, are the lead in to Mishpatim to indicate that the source of the rule of law, the Sanhedrin, should be based next to the Mikdash, where the Mizbeach is.
But Netziv takes the thematic connection deeper. The Ten Commandments began with אנכ ה אל-קיך אשר הוצאתיך מארץ מצרים. Taking us out of Egypt, a land of Tumah which could never achieve any level of Kedusha, makes for a clear distinction of why the Torah couldn’t be given in Egypt, and why Revelation couldn’t happen in Egypt. And once we’re in the realm of discussing holiness of the earth, it is appropriate to mention that the ideal Mizbeach is supposed to be made of אדמה. But not just any אדמה. It has to be אדמה that is capable of being used for Kedusha. Note that the קרבן פסח, brought in Egypt, wasn’t really a קרבן. It was slaughtered and then roasted over a fire – each person could have done it in their own yard – as the Mizbeach of Egypt is defined as two doorposts and a lintel.
Netziv suggests the following chronology: Moshe was given the laws of Mishpatim. He taught them to Aharon and Chur thoroughly. Moshe went up the mountain, leaving Aharon and Chur in charge, armed with the knowledge to answer questions and deal with all the interpersonal issues raised in the Mishpatim listings. Revelation took place. Ten Commandments. After the Ten Commandments, which mentioned God’s having taken the people out of the Land of Egypt, God also mentions that a Mizbeach should be made out of earth. And once we’re talking about consecrated earth, the Torah then describes laws that are meant to elevate a people into a realm of Kedusha they could not achieve in Egypt.
In a way, we can say that the interpersonal Mishpatim are meant to keep the people grounded, to see that there is a system of law, and that while there is freedom and a certain sense of personal autonomy, we are entering the realm of Naaseh v’Nishma which grounds us to a subservience to the Almighty which is certainly voluntary, but all of Bnei Yisrael voluntarily accepted at that time.
Another point to explore will be presented now in 3 ways.
First: Quoting Rabbi Yishmael from the Mechilta, Rashi at the end of Yisro says:
“R”Y said: Every time the word אם is used in the Torah it refers to some action the doing of which is optional, except in three instances. Here: ואם מזבח אבנים תעשה לי means “And when you make for Me an altar of stone, לא תבנה אתהן גזית, you shall not make it of cut stones,” for you are obligated to build an altar of stone, as it is said, (Devarim 27:6) “of whole stones you shall build [the Mizbeach for God]”. Similarly – and the following is from our parsha, (Shemos 22:24) אם כסף תלוה את עמי is obligatory and signifies: “when (אם) you lend My people money”, and not, “if you lend”, because it is said, (Devarim 15:8) “And you shall surely lend him.” Similarly, (Vayikra 2:14) ואם תקריב מנחת בכורים means “And when (ואם) you offer the meal-offering of first-fruits”, and not, “if you offer”… these instances of אם are not conditional, meaning “if”, but absolute, and that they are used in the sense of כאשר, “when” you do each action described…”
Of course one could surely argue that fulfillment of all of these is voluntary in a translation of אם to mean “when you do” insofar as one is obeying the king. That is the approach Rashi is advocating – do because you obey.
Maharal offers a second approach to this dedication to God, challenging Rashi, as he feels one should serve the Master because one wants to serve the Master, not because one is compelled to serve the Master. That is what true עבודה is – service – as opposed to שיעבוד, enslavement, which is anything but voluntary.
You build a Mizbeach because you want to serve Hashem.
You lend money because you want to help someone out.
You bring the Minchas Bikkurim because you truly appreciate God’s hand in how things grow and so you are expressing gratitude because you want to express gratitude.
Therefore, Maharal concludes, one should actually aim to fulfill these mitzvos “as if” they are voluntary, because if one does them because they are compulsory, one is actually not serving God properly.
A third approach is from Rav Aharon Lichtenstein - that each of the mitzvos mentioned by Rabbi Yishmael is in some way not ideal. The "אם" reflects, not the “when you do the mitzvah” but rather the ambivalence about the situation:
1. אם כסף תלוה – Helping someone with a loan is less preferred because a. the person is in a needy situation, and b. the loan makes the person indebted, which is far less than ideal for anyone
2. מנחת ביכורים – R. Lichtenstein argued that it is a “defective” korban, as it comes from barley, with actual halakhic consequences – see רמב"ם הל' פסולי המוקדשין יד:ג. In other words, “If you have to bring the omer, even though it is not typical…” so do it in the manner prescribed.
3. אם מזבח אבנים – Sacrifice must come from a place of humility, and thus a מזבח אדמה is most appropriate. However, “If in the long-term you must construct a stone מזבח…” be sure to put the setup in such a manner that modesty and humility are at the forefront.
Therefore there must be a ramp, no cutting mechanism used to shape those stones. Humility must guide the order of bringing such offerings on that Mizbeach.
In its time, the Mizbeach was used every day of the year. Aside from the daily offerings, it was mostly used throughout the year when individuals would bring their own required or voluntary Korbanos, depending on why they were bringing them.
The Mizbeach’s busiest time of the year was the holidays, when people had the mitzvah of Aliyah L’regel, and as we read in Mishpatim, ולא יראו פני ריקם – to not come emptyhanded. Meshekh Chokhmah (Meir Simcha of Dvinsk) quotes the Gemara in Sukkah about how it was through humility that Israel would present themselves before the Almighty. This was Rav Lichtenstein’s point for the 3rd verse above.
Based on a verse in Shir HaShirim מה יפו פעמיך בנעלים בת נדיב the Gemara quotes a pasuk in Tehillim נדיבי עמים נאספו עם אלהי אברהם (we say this chapter before Shofar blowing on RH), to say that when the nobles of the nations will gather to serve God, they will join the nation of the God of Avraham. Why the God of Avraham, and not Yitzchak and Yaakov? The Talmud answers that Avraham was the first convert to Monotheism. A גר is the model of humility when it comes to demonstrating submission to the Almighty, as his or her sincerity is subject to the scrutiny of a Bet Din, and the feeling conveyed is one we can all learn from - “These people are letting me join their people.” It’s a privilege to serve Hashem!
That is what being an Eved Hashem is all about?
The Gemara in Sukkah goes on to connect dots to the verse in Micha 6:8 - He has told you, O man, what is good, and what the Lord demands of you; but to do justice, to love loving-kindness, and to walk humbly with your God - as it remind us that acts of charity are more important than sacrifices, and that acts of kindness are more important than charity.
And all of these, the Meiri on the Gemara explains, is to be done through the guiding principle of humility and humbleness. It means come before God with humility, go about one’s tzedakah-giving with humility, and do one’s acts of Gemilus Chasadim with humility.
Giving details, he writes that some chasadim are done publicly – such as Hachnasas Kallah and burying the dead. Nevertheless, they should be done with humility. Certainly, then, tzedakah and divrei Torah, which are more private affairs, should be given over or done with humility.
Didn’t the Talmud just tell us that Gemilus Chasadim (GMCH) is even greater than tzedakah!
Meiri explains: Tzedakah is done with money – write a check and you’re done. Give some cash and you’re done. GMCH is done with one’s body and one’s pocketbook – lend things, help a guy out, roll up sleeves, etc.
Tzedakah is aimed only to help the poor.
GMCH helps the rich as well. Rejoicing with the bride and groom, doing a shiva visit, visiting the sick.
Tzedakah only helps the living.
GMCH helps the dead as well in all that we do at a funeral.
The merits and benefits of Tzedakah are multiplied by the Gemilas Chesed which accompanies it. How far did I drive? How much did I cook or bake for that person? To give ready to eat food, as opposed to giving money which makes the needy person have to go out to buy, or to cook, in order to get that needed sustenance.
With all of this – service of God, tzedakah, and Gemilus Chasadim, there really is one question that should never be asked. And that question is “What’s in it for me?” A. Because then it’s not coming from a place of humility. And B. Because then it’s no longer Avodah. It’s no longer Chesed. It becomes a transaction. A transaction means I’m not doing it because it’s right or because I want to do it. I’m doing it because of what I get out of it.
Rav Lichtenstein said that sacrifice and service has to come from a place of humility. And the Gemara and the Meiri showed us how that same trait must guide both Tzedakah and Gemilus Chasadim.
And from the overall connection between the Mizbeach of Earth instructions at the end of Yisro that leads into ALL of the Mishpatim, we are reminded that even our simple connection to God’s law is guided by humbleness.
As we will be tasked with giving in the coming weeks – Matanos L’Evyonim for Purim and Ma’os Chitim for Pesach – let us remember that whatever we have is a gift from the Almighty and we are the vessels through which it is paid forward to those who are needy, to those who are the recipients of our tzedakah and the beneficiaries of our Gemilut Chasadim. May we merit to give with humility, and to hopefully be blessed in the kind by the Almighty.
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