A Short Vort on Parshas Mishpatim: “And These Are the Mishpatim”
This section of the Torah dives into the nitty-gritty—the practical laws. It begins with laws about slaves, which were common in those times, and goes on to discuss damages, monetary disputes, obligations for lost or stolen property, and various other legal principles.
But even in the very first words of this section, the Torah gives us a deep lesson. The verse begins:
“V’eileh hamishpatim asher tasim lifneihem” —
“And these are the ordinances that you shall place before them.”
Notice the first word: v’eileh — “and these.” Why and these? Why not just these? The word and (vav) implies that this is an addition, a continuation. It refers back to what came before—the Ten Commandments. God gave all the laws to Moshe on Mount Sinai. The Ten Commandments were the first revelation; these Mishpatim are an extension, the logical ordinances that follow.
The word hamishpatim is also significant. The Torah uses different terms for God’s commandments: mitzvot, edot, and chukim. Mishpatim are laws of logic and fairness—rules that make sense to reason. Examples include “You shall not steal” or “Honor your father and mother.” In contrast, edot are commemorative laws, like Passover, and chukim are statutes beyond human logic, like the laws of kashrut.
The phrase “asher tasim”—“that you shall place”—also contains a subtle teaching. To “place” an ordinance is not just to give it; it is to present it clearly, ready for understanding. Just as food must be prepared and placed on the table before it can be eaten, so too the laws must be articulated, explained, and made digestible. Moshe Rabbeinu’s role was to place the Torah before them—to make it accessible, comprehensible, and applicable in daily life.
Finally, the Torah emphasizes lifneihem—“before them.” This highlights the importance of proper courts and justice. Jewish law requires that disputes between Jews be adjudicated by a Jewish court (Bet Din). Today, when enforcement can be challenging, alternative systems like Zabla arbitration are used: each party appoints a rabbi, and those two rabbis choose a third to form a court of three. Whatever the court rules is binding.
This principle illustrates the human tendency to be upset not merely at loss, but at someone else’s gain. A person may accept a loss in business if it is fair, but resentment arises when another profits instead. The Midrash gives a vivid example: when two people are rewarded by a king, one is content with his reward if the other is treated fairly, but if there is competition or enmity, the first may even choose harm to himself just to prevent greater gain for the other.
Thus, the Torah begins with “and these ordinances” to teach us that laws are cumulative, logical, and meant to be understood and applied fairly. Justice is not just in the letter of the law, but in how it is conveyed, interpreted, and received—always with fairness and clarity before the people.