Rabbi Michael RosensweigEducating about the Elevated Standard of Halachic Man's Human Interactions

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Parshat Mishpatim, which chronicles fundamental norms and principles of Jewish civil law, begins with an unusual formulation of Moshe's task-challenge. The Torah utilizes the rare expression of "asher tasim lifneihem" to convey the imparting of this elemental yet crucial dimension of halachic life. Rashi cites the Mechilta's comment that this distinctive usage promotes the ambition of educating to the telos of these laws, beyond simple organization of the content and clarification of the details. Rav Saadia Gaon, evidently adopting the Mechilta's perspective, defines teaching as a component of Moshe's "tasim lifneihem" charge. Why does Jewish Civil Law particularly demand an explicit and enhanced educational posture?

Undoubtedly, this special emphasis and requirement derives precisely from the greater accessibility of Choshen Mishpat laws and concepts, as well as their more obvious relevance. In contrast to the more esoteric and ritual-oriented halachic disciplines in which chukim are central and even prevalent, Choshen Mishpat addresses very pragmatic and universal categories. The singular capacity to educate in Choshen Mishpat surely intensifies the demand to do so, as well.

While this factor certainly accounts for part of the phenomenon of "asher tasim lifneihem", the very same considerations which qualify Choshen Mishpat for added educational emphasis may also militate somewhat against it. As mishpatim, self-evident and universal values, extra education may actually be perceived as superfluous.

However, perhaps it is precisely this point that underscores the educational urgency. Indeed, the Mechilta implies that Choshen Mishpat is actually also in greater need of in-depth internalization. Precisely because the topics are also pragmatic and all cultures must and do address these issues, there is greater imperative to establish the singular halachic approach to these topics that seeks not merely to provide pragmatic guidance, but to elevate man's empathy and responsibility in line with the stature of one who embodies tzelem Elokim, and who interacts not merely with neighbors or fellow humans, but with a nation of family members according to the rules of veahavta le-reiacha kamocha and Kol Yisrael areivim zeh la-zeh. It is an educational challenge and priority to establish that Choshen Mishpat is not merely the most ideal efficient system of civil law, but also the most idealistic and spiritually ambitious expression of man's interaction with his fellow, lest the universal and pragmatic motifs blind us to the greater spiritual goals and opportunities of Jewish Civil Law.

This perspective is crystalized by the gemara in Berachot 6a that precludes the notion that three judges adjudicating a civil law suit are merely involved in peacemaking that belies any conception of Divine presence ("mahu detaima dina shalma be-alma hu ve-lo atya Shechinah"). The gemara concludes with an unequivocal declaration that din is an integral expression of "Torah" ("dina namei Torah").

In a previous devar Torah (Mishpatim, 2014) we demonstrated that the striking link between the aseret ha-dibrot, the account of Mishpatim, and the initiation of Mishpatim with the laws of avadim, the most vulnerable population in society, highlight halachah's injection of kedushah and idealistic responsibility into this most pragmatic of halachic disciplines. A close examination and analysis of hilchot nizkei mammon, shomrim, ribbit, or even tzedakah, all treated in Mishpatim, strongly reinforces the conviction that the halachah's demanding standard of responsibility and empathy is truly singular, and deserving of internalization and a special educational effort. [See also Chidushei ha-Grim, beginning of Mishpatim. He makes a similar point about halachah's view of man's idealistic capacity reflected by his extraordinary standard of responsibility as reflected by some of these categories. I hope to elaborate this thesis elsewhere.]

The Seforno attributes the use of the phrase "asher tasim lifneihem" to fact that no imperative - positive or negative - is conveyed in this section. The focus on guidelines and laws to be implemented only when applicable justifies this unusual formulation. However, this view is also not at all inconsistent or incompatible with the educational motif underscored by the Mechilta and Rav Saadia. As noted, an analysis of the halachah's specific legal stance in these matters underscores a very demanding standard of arevut, personal responsibility to safeguard the person and property of others, even impinging upon one's own prerogatives. While the actual laws are often only rarely encountered and tested, the principles and values undergirding these norms are no less meaningful and even urgent for their lack of practical ubiquity. Thus, it is particularly vital that these values be fully articulated and effectively explicated and internalized. "Asher tasim lifneihem" appropriately captures this educational challenge and charge to penetrate and refine the religious and social consciousness of each individual and of Am Yisrael as a nation.