Rabbi Michael RosensweigProtecting the Vulnerable in Society: A Litmus Test for an Idealistic System of Civil Law

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In the aftermath of maamad Har Sinai, the most important and dramatic experience in history, the Torah in Parshat Mishpatim turns its attention to the details of halachic civil law. This transition from the transcendent and charismatic to the pragmatic and mundane is striking and commanded the notice of the midrash and mefarshim.

Chazal, commenting on the inclusive vav of "ve-eileh ha-mishpatim", note that the seemingly prosaic details of Jewish civil law are equally rooted in the sinaitic experience. One can suggest that precisely because civil law is common to all cultures and addresses the most pragmatic personal and social issues, an examination of the features that distinguish the halachic perspective in this domain effectively highlights the uniqueness and idealism of Jewish law, accentuating its kedushah objective.

Rabbeinu Yonah (Avot 1:1) interprets the charge of "hevu metunim ba-din" (be patient in judgment) as a requirement to carefully and rigorously analyze the implications of Jewish civil law. He posits that only a profound contemplation of this area of halachah facilitates the objective of "daat Hashem", in keeping with the challenge articulated in Yirmiyah (9:23) - "haskeil ve-yadoa oti".

The Ramban links the specific challenge of implementing the wide array of mishpatim with lo tachmod, the last of the asseret ha-dibrot. In addition to the pragmatic link - the fact that sensitivity to proper boundaries precludes many of the temptations and breaches of conduct that lead to quarrels and civil litigation - this connection may also underscore that proper adherence to civil law requires an idealistic posture that is fostered by a comprehensive commitment to halachic values (see Ibn Ezra on lo tachmod, and Torah Web, parshat Yitro, 2002).

This idealistic perspective on mishpatim may also explain the Torah's decision to begin discussion of the wide array of Jewish civil law with the obscure laws of eved ivri. Ibn Ezra (Shemot 21:1) notes that while every law is independent, the order and linkage between different pesukim and halachot is consequential, as well, albeit often more subtle or even esoteric. In this vein, he comments (perush ha-oroch) that the Torah introduces mishpatim with the slave because servitude, particularly to a peer, is an unparalleled degradation. Elsewhere (perush ha-katzar), he completes the picture by adding that it is a central tenet of halachic civil law to prevent the exploitation of one who is disadvantaged, incapable of safeguarding his own interests. In essence, Ibn Ezra is asserting that the litmus test of any idealistic system of civil law is in how it protects its weakest link, its most vulnerable population. [This insightful understanding of the Ibn Ezra was first brought to my attention by Rav Moshe Besdin zt"l]

[Similarly, the Torah conveys exceptional sensitivity to the plight of the vulnerable segments of society by invariably emphasizing our obligation to the ger, yatom and almanah specifically in the context of moadim celebrations, when the family motif is particularly central. See, also Rambam's formulation (Hilchos Yom Tov 6:18) of this theme as a litmus test of authentic simchah.]

The Torah's very presentation of mishpatim beginning with eved ivri underscores its idealistic posture, and further validates and reinforces the theme of "mah eilu misinai af eilu mi-sinai".