Parshat Mishpatim: Before Whom Do We Place the Laws?
This week we begin Parshat Mishpatim. The word Mishpatim refers to laws—specifically, the rational laws of the Torah. Generally, the mitzvot of the Torah fall into three categories:
1. Mishpatim – Logical mitzvot.
These are commandments that human reason can understand. Laws of damages, monetary responsibility, and civil conduct fall into this category. A functioning society requires such laws.
2. Edot – Testimonies.
These mitzvot commemorate events. Shabbat, Pesach, Sukkot, and Shavuot remind us of Creation, the Exodus, and the giving of the Torah. One might not have devised these practices independently, but once commanded, their meaning is understandable.
3. Chukim – Statutes.
These are mitzvot without an apparent rationale. The nations of the world—and even one’s own inclination—may question them: “What sense does this make?” Yet they are Divine decrees. Their observance rests solely on obedience to Hashem’s will.
“Asher Tasim Lifnehem” – Before Whom?
The parsha begins:
“Eileh hamishpatim asher tasim lifnehem”
“These are the laws that you shall place before them.”
Rashi explains that “lifnehem” teaches a fundamental principle: when disputes arise between Jews, they must be brought before a Jewish court. One may not choose a secular court, even if its ruling would match that of a Beit Din.
Why? Because turning to secular courts grants authority to a system outside of Torah. Even if the outcome is identical, the act itself shifts the source of authority. The issue is not merely practical—it is spiritual. We must affirm that our legal authority flows from Torah.
There are limited exceptions. If waiting for Beit Din would cause irreversible loss, or if a party refuses to submit to Beit Din and no enforcement is possible, recourse to secular courts may be permitted. But those are exceptions. The principle remains: a dispute between Jews belongs in a Jewish court.
The deeper idea is this: the goal is not merely to “win.” The goal is to know what the Torah says.
Accepting Loss—But Not to the Other
Consider an interesting contrast. A butcher brings a questionable animal to a rabbi. If declared non-kosher, he loses significant money. Yet he accepts the ruling calmly. The rabbi has ruled according to Torah; the loss is accepted.
But when two litigants appear before a judge and one loses money to the other, resentment often follows. Why? The loss is the same amount. The difference is psychological: losing money to Heaven is tolerable; losing to another person is painful.
This reveals how ego influences disputes. The Torah’s system of justice demands humility—accepting the ruling because it reflects Hashem’s will, not personal victory.
A well-known parable illustrates this idea. A king offers a servant anything he requests, but warns that his friend will receive double. If the two are on good terms, the request is generous. If not, jealousy overrides reason. The tragedy is not the loss—it is the inability to see beyond rivalry.
Seeking Judgment vs. Seeking Approval
When asking for guidance, the question must be sincere. Are we asking to discover what is right—or merely seeking validation for what we already decided?
True consultation means being prepared to accept the answer. “Lifnehem” implies placing the matter before Torah authority in order to align with Hashem’s will—not to pressure for approval.
The purpose of Torah law is connection. Mishpatim are not only social regulations; they are expressions of Divine will. When a Jew seeks judgment through Torah, he affirms that his life—personal and communal—remains anchored in that will.
In the end, Mishpatim teach that even rational laws are sacred. Justice is not simply about fairness; it is about fidelity to Hashem’s authority.