This Shabbos we discussed Parsha Mishpatim, including commentary by Rav Yeager. We discussed that we have all been created with a desire to connect to a higher power that is greater than ourselves. We welcomed some of our old Kollel friends. David Schlesinger led discussion.
We discussed that there are 3 different types of laws, Edot, Chukim, and Mishpatim. The reasons for the Mishpatim, such as not committing murder, seem obvious. The reasons for the Edot, such as observing certain festivals, are stated. The reasons for the Chukim, such as eating kosher food, are not stated or obvious. We discussed that we should follow all laws whether or not they make sense, simply because they are in the Torah.
David shared some thoughts that the purpose of the Torah is to be a mechanism to get closer to Hashem. We can start off on this journey by first following the commandments that are Mishpatim, including those contained in the week’s parsha. As we progress and see the benefits of our increased spirituality, we become more and more motivated to follow the Chukim as well.
One of the ideas we discussed is that all Mishpatim actually have some Chukim in them as well. Some of the reasons for the Mishpatim may seem obvious, but we can never know all the reasons for each and every one of them. We should be motivated to follow the Mishpatim not only because they make sense, but because they are in the Torah.
We discussed that we should also follow all judgements made by judges and the court, regardless of whether or not they make sense. For example, a man may be found innocent that we absolutely know is guilty. We should treat him as though he is innocent. Yaki pointed out that we really do not know how Hashem may be playing a role in the outcomes of these trials. For example, a man may be found innocent because of something that happened in a previous life. Another example, in the past a court would rule on whether or not there was a new moon, and the new month had begun. It was important that we went by the court’s ruling, regardless of whether or not the court got it right.
This Shabbos we discussed how we are all born with a desire to connect with a higher power. It’s interesting that there is no evolutionary need for this desire. David suggested this desire is evidence for Hashem’s existence. Hashem created us with this desire, but left it up to us to use our free will to choose our higher power. We connect to Hashem as our higher power using the mechanism of following the commandments in the Torah. However, we may all have the experience of other higher powers, such as our parents when we are very little. Of course, good parents eventually teach their children that Hashem is the ultimate higher power and not them. Even athiest can have a higher power, such as nature or the universe.
We discussed some of the foundational concepts in Judaism, which are the basis for the laws and commandments in this week’s parsha. Dave W pointed out that unlike secular law, there is no separation of church or state in our halakhah. In fact, one of the foundations of the Mishpatim is that everything belongs to Hashem, and any items we possess are on loan from him. Another foundation we have is that Judaism puts the emphasis on obligation, rather than on rights.
We discussed how the Mishpatim have compassion and mercy for people. For example, it is not allowed to take a needed item such as a coat from someone as collateral. However, if the person only needs the coat at night, we can take it as collateral during the day but must return it every night.
We discussed how some laws are similar both in our secular system and in the Mishpatim. For example, if there is a trial and someone is found not guilty, and then later more evidence of guilt is found the accused does not have to stand trial again. This is known as double jeopardy, and is not allowed. Rob pointed out that in the other case, in which new exculpatory evidence is discovered the accused would get a new trial in both secular law as well as in the mishpatim. Rob shared that there may be some exceptions in our secular law, in which the prosecution could get another trial of someone, when a judge had made an incorrect decision.
We discussed some of the more interesting laws. David shared one of these that his father, Rav Dr. George N Schlesinger would often bring up. It is against the law for a judge to accept a bribe however it is not against the law to bribe a judge. The reason for this law is to make sure at least 1 of the 2 parties is not afraid to talk about, or admit to what happened.
We discussed how many of the consequences of not following the laws, are built into nature. For example, there is halakuh about marrying someone with whom we have had relations. We discussed that perhaps it is not a coincidence that societies in which premarital relationships are common, also have high divorce rates. As usual, it is important to discuss this halakuh, as well as all halakuhs with a Rabbi.
This is a summary of what we discussed. No halachic rulings are intended or should be inferred.
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