Shemoth/Exodus
CHAPTER 21
1. "Now these are the rulings [mishpatim] which you shall lay before them:
Rulings: In its singular form,the term means "justice". So we could read this as “different types of justice”, or “legal procedures”. They are firm, non-negotiable verdicts. These are laws that will unify the whole society, and are to be weighed out equally to every Israelite. YHWH’s strong concern for justice among His people comes through very clearly here. Psalms 89:14 and 97:2 say righteousness and justice are the foundation of YHWH's throne. Putting YHWH first (the subject of the last chapter) is the precursor to our approach to one another, but now the latter is the focus. These are distinctly not spiritual things, though we can certainly see analogies in them; this is all about teaching judges how to rule. They are not meant to be so profound; the raw words are very powerful. These are social laws that teach us how to get along with one another in much the same way a parent trains his child to use the toilet and in other ways to make life easier on the rest of the family and community. They build on the ten commandments, and the lesser rulings that may vary from tribe to tribe or clan to clan must be based on these. Moshe was preparing us to come into a special Land that has special rules because it is where YHWH’s eye is focused. He gave these rules beforehand so our ancestors could start practicing them before arriving there so they would be second nature by the time they arrived. Being a judge is a heavy responsibility that consumes one’s life. But it is the highest calling, one that is closer to YHWH than any other, so He lays down some basic principles that will make them work more smoothly. When all Israel is regathered, who will be able to rule? Who will keep logistics and relations operating in harmony? Only those who know these intimately. This is how to form community, rule community, and live together. This is the only way unity—or even life--can work. So we need to train our hearts to no longer see judgment as something foreign. The rulings do not seem troublesome once we make them our inclination, unless we let selfishness raise its head.
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12. "Whoever strikes a man and causes him to die shall certainly be put to death.
13. "But if it was not premeditated, but Elohim lets him fall into his hand, I will appoint for him a place to which he can escape.
Not premeditated: or "If he had not lain in ambush". This is a “heat-of-passion”, spur-of-the-moment killing. If an unplanned death occurs, YHWH takes responsibility because of His sovereign plan of whom should be preserved. He is in control of everything. It may be that the man was guilty of a wrongdoing that no one knew about, and YHWH is serving justice even in what seems accidental to us. If he can make it to the city of refuge before a rightful avenger of blood can kill him, he must still be tried and if it is proven to be unplanned, he must remain in that city until the high priest dies or he himself dies, whichever comes first. (Numbers 35:11ff)
14. "However, if a man acts presumptuously against his neighbor in order to kill him by deceit, you shall [even] take him away from My altar to die.
15. "Likewise, whoever strikes his father or mother shall surely be put to death.
This command pertains not to a small child, but one who is of age to know what he is doing. Some commentators also limit the meaning of "strike" to an aggressive blow that draws blood and shows intent to injure or insult. It does not apply to self-defense. The reason it is so serious is that a parent is a picture of YHWH in microcosm, and one who rebels against Him has no hope of recourse. The rabbis claim that this sentence has never been carried out in Israel.
16. "And he who kidnaps a man and sells him or is found possessing him, shall certainly be put to death.
Kidnaps: literally "steals"--as if the man had no more dignity than any other piece of property! It shows that the perpetrator does not care at all for his neighbor. He is not likely to sell him within Israel, where everyone knows this law, so he would be taking away his parents’ continuance and his own ability to raise children for Israel; their strength will all be spent for foreign pursuits. There is no way to replace a person, so the guilty party must pay with his own life. This does not apply to one who was sold (or has sold himself) as a slave (to pay off a debt). The family of Israel already knew what it was like to have a favorite son (Yosef) kidnapped by his brothers. We are meant to learn from the patriarchs’ mistakes. The same punishment is meted out for deceitful murder (v. 14). These are the only two courses of action Yosef's brothers considered in regard to him.
17. "Moreover, he who curses his father or mother shall surely be put to death.
The father is the one from whom the children—the building blocks of the household—come, and who oversees and takes care of the whole household. The mother is the one who cares in particular for the children. Curses: the word can simply mean "to esteem lightly"—not taking them seriously, the exact opposite of the fifth commandment ("honor/give weight to your father and mother"). It includes simply not paying attention to them—not treating them as authoritative, letting their words go "in one ear and out the other”. Here He is even stricter than in verse 15: If we do not even take their words seriously, the same sentence is meted out as for hitting them. Children should pay attention when their parents enter a room, and show that they care that they are in their parents’ presence. Avshalom is the extreme example of this on several levels (see 2 Shmuel 15 in particular), and David’s soldiers obeyed this command though David was hesitant to. Contrast the extreme level of the grown Yitzhaq’s obedience in Gen. 22. At the most ancient level, it means disregarding the lesson of what Adam and Chavvah lost—the relationship YHWH wanted with us, His deepest desire. But this also applies to anyone who is in the role of our “parents” (teachers) in Israel, who have poured their lives out for our sakes. (1 Cor. 4:15)—the leaders of your “house” in any sense, especially a Torah community. The reason for this verse’s juxtaposition with the preceding verses is that to take their words lightly is as bad in YHWH’s eyes as lying in wait to kill an unsuspecting neighbor. How can YHWH know we will obey Him, whom we cannot see, if we cannot even obey those authorities we can see? If someone goes against the rulings of the house, when everyone is not working toward the common shalom, everything dissipates. This is so important to YHWH that He goes to this extreme to purge out any disobedience. May we learn from the threat to avoid such errors so that the full measure need not be carried out.
Commentary on
Parashat Mishpatim
Don't Take
Them Lightly
