Mishpatim: It's a Family Matter

The world only stands because of three key elements: Law, Truth and Peace. Pirkay Avot 1:18

Law is the consistent and just application of rules to insure life in society. Cutting across all economic and blood lines, Torah’s concern encompasses and embraces all. Mishpatim contains the elements necessary for governance. It is not enough to “feel” that we are doing the right thing because we might be wrong. After all, is it not clear that our first order of business is to protect ourselves? With self-interest at the heart of our actions we cannot be trusted to care for others with the same standard that we care for ourselves. Torah recognizes that the broad strokes of Law are central to existence.

"Pray for the government," warns Rabbi Hanina. "If it were not for the fear of such a hierarchy and order man would consume one another." Pirkay Avot 3:2
Rabbi Hanina made this statement in the midst of the oppressive Roman occupancy. Imagine Hanina thought they would be so much worse without the Romans! What does this say about people left to their own devices?

If we rely upon people to do the right thing without consequences or binding law evil will ascend with dizzying swiftness. Not long after our creation, the Holy, blessed be He, declares in frustration, The world is filled with violence because of them. Genesis 6:13

In fact, if the book of Genesis serves no other purpose, it points to the propensity of humans to assault other people for their own benefit. Starting in the most perfect environment of Eden to the lush valleys of the Nile man proves his predisposition towards evil with ruthless consistency. No other creation has risen to such heights of cruelty as mankind.

Truth is also critical for any just society. Yet the word is not simply a convenient expression which no one could disagree with. For Torah, Truth is the unimpeachable testimony of witnesses. That is why page after page of Talmud is devoted to ascertaining the veracity of witnesses. They are drilled and questioned to determine their testimony. Without that truth the scales of justice cannot be balanced. Any court decision not only has a permanent effect on the litigants but casts a ripple that runs through the fabric of the whole society.

Peace is the goal of all the enactments of Mishpatim.


God loves those who seek justice. Psalms 99:4
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Thought: If death did not exist would we ever put our life in order? If we lived forever would we indefinitely postpone teshuvah? Was the curse of Eden – the invitation to the Angel of Death to meet humanity- a blessing or curse?
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Honor your father and mother. From Ten Commandments, Exodus 20:12

How? What does this mitzvah mean?

1. Whoever hits his father or mother shall die. Exodus 21:15

Is the death penalty really mandated for abuse of parents?
Thought: A society that tolerates evil is an evil society.

Halacha: Only a child that has reached the age of majority, post-Bar/Bat Mitzvah, is liable to the death penalty for assaulting their parent.
Should a small child be held liable for their thoughtless, callous actions?

Thought: Could a society endure if children not extend honor or deference to their parents? Could this Law be directed at the basic underpinning of a society that would collapse without it? Is this the most basic of all laws?

Question: The mitzvah to honor parents is opposite the mitzvah to acknowledge the presence of God in the universe. Is there a connection between those mitzvot?

Halacha: The Sages indicated that a doctor many not operate on his father/mother lest he make an error and hurt them.

Halacha: The Law to not strike or hurt a parent extends to a convert. Why? Does not a convert accept as their parent Avraham and Sarah? Why then would this mitzvah extend to people who have converted from another religion to Judaism?
What would it mean if this halacha did not extend to them? What does it say about the need to live a just society that this halacha does devolve upon them?

2. Whoever curses his father or mother shall be put to death. Exodus 21:17

Halacha: This standard of behavior applies even if the parent is dead.
Question: What difference does it make if they are dead? They are no longer in the realm of the physical to be harmed by such words?
Even more, what if they abused her when she was young? No that the abusing parents are dead why not curse them?
Thought: Cursing even an abusive parent must be an affront to God.*

Halacha: Of the two offenses, hitting or cursing a parent, cursing is considered the worse crime.
Question: Why? Is not striking a parent more ruthless and shameful than cursing? Yes, agree the Sages. The difference between the two crimes is that cursing may come much easier than striking. In the midst of a quarrel it is easy to lose your temper and utter something regrettable while hitting is less likely. That is precisely why Torah is so unforgiving of curses: Respect begins on a thoughtful and visceral level. Another reason is that a physical wound heals while a scar to the soul will never go away.

3. Cursed is the one who dishonors his father or mother. Deuteronomy 27:16

Question: How does this mitzvah differ from the two enumerated above?
Anything which brings the parent shame from laughing at them to verbally assaulting them falls into this mitzvah of dishonor.



* This law does not mean that a child must remain in abusive situation.