This week we begin reading the Book of Shemot.

We will open our study of the Book of Shemot with the study of Parashat Mishpatim, which is characterized by a concept that we will find throughout the Book of Shemot.

Let us begin with the opening of Parashat Mishpatim, which begins as follows:

“These are the laws that you must set before them: If you buy a Hebrew slave, he shall serve six years, but in the seventh year he is to be set free without liability.”

(Shemot 21:1,2)

This opening of the parasha poses a number of questions. The first of which already appears in the Mechilta:

“Rabi Shim’on ben Yochai says: ‘Why is it that these laws appear before all other mitzvot in the Torah?’”

In order to fully understand the Mechilta’s question, let us recall the positioning of Parashat Mishpatim. The Torah has just been given to the nation, and now we have the first proper, ordered collection of laws being delivered to the Am Yisra’el. Laws and mitzvoth have appeared previously, yet these were generally commanded to the nation in direct connection to a specific event. For example – at the time of Y’tzi’at Mitrayim (The Exodus from Egypt) the laws of the Korban Pesach (Pascal Sacrifice) were established, for this was the most apt time to learn these laws – at the moment the Exodus was to occur.

Yet now, for the first time, we have the fist collection of laws appearing in one compilation, as one unit, the content of which is the creation of the monetary and criminal relationships between man and his fellow. (These issues are primarily dealt with in the tractates of Bava Kama, Bava Metzi’a, and Bava Batra.)

Therefore, the Mechilta asks why it is that immediately after the Ten Commandments – which are of communal significance – the Torah then begins the process of law-giving with a compilation of laws relating to the individual, that build the framework of man’s legal relationship with his fellow.

Let us see Rabi Shim’on ben Yochai’s answer, which is truly intriguing:

“For when there is a legal battle between man and his fellow – there is competition between them. When judgment is delivered – peace is made between them. And this is what Yitro tell Moshe: ‘For if you will do this…’ (Shemot 18:23.)”

(Mechilta d’Rabi Yishma’el, Mishpatim 1)

In other words, “For when there is a legal battle between man and his fellow” – even when there is an issue that requires clarification, or when there is tension between man and his fellow, then “there is competition between them.” However “when judgment is delivered” – the Halacha has been established and thus the tension has been relieved, then “peace is made between them.”

The fundamental concept that Rabi Shim’on ben Yochai refers to, is that before accepting those mitzvot that are between man and God, man must first be moral and ethical. He must form his moral identity when relating to his fellow – and this will form the basis of his bond with God. How beautiful is it that the person stating this is no other than Rabi Shim’on ben Yochai, one of Rabi Akiva’s prime students, the same Rabi Akiva whose central motto was “‘Love your fellow man as you love your self’ – this is a great principle in the Torah.”

This the, is the answer to our question of why the first ordered compilation of laws is associated with the interpersonal plane, and not with those mitzvot between man and God.

In order to further our study of these verses, let us examine Rashi’s commentary on the verses. Rashi brings two explanations for the words: “that you must set before them.” We will also notice that for his second explanation, Rashi makes no mention of his source – he says neither “And our Sages expounded,” nor “A Midrash Aggada expounds,” and so on – which means to say that this second explanation also clarifies the p’shat (literal meaning) of the verse.

Let us examine these two explanations, while we try to establish their common denominator. Rashi writes:

“‘That you must set before them’ – God said to Moshe: ‘Don’t think that you may teach them the chapter and the Halacha two or three times until they know it properly, without going to the trouble of explaining the rationale and meaning of each issue;’ therefore the verse states: ‘That you must set before them’ – as a table set and primed for the diner’s meal.”

We thus see God’s demand of Moshe Rabbenu, the first Rav and teacher of Am Yisra’el, and in fact a demand that applies for all generations every teacher and educator; a demand never to be satisfied with the knowledge acquired by the students, but rather to ensure that the students (and in our case, all of Am Yisra’el, the students of Moshe) understand the “rationale and meaning of each issue.”

This is what the verse means,

“‘That you must set before them’ – as a table set and primed for the diner’s meal.”

The implication being that it must be like a table full of food ready to be eaten, with nothing whatsoever lacking.

Rashi’s thought pattern in studying the verse’s p’shat is astounding. It would seem that what complicates the interpretation of the verse that led Rashi to this explanation is the usage of the term to “set before” – which primarily means to place an object before someone, or it refers to something prepared and primed for use.

Rav S.R. Hirsch makes note of this fact:

“The expression ‘placing before’ which, here, relates to the instruction of God’s commandments to Yisra’el through Moshe, appears in other places connoting one, single instruction, tantamount to placing fully prepared food before one’s guest, as the verse states: ‘And (food) was placed before him to be eaten,’ (Bereshit 24:33,) ‘And he placed (the thigh) before Sha’ul,’ (Shemuel 9:24.)”

As an aside, the expression “placing before them” appears in relation to the Torah in general, appearing at the end of Parashat Ha’azinu:

“And now write for yourselves this song… placing is in your mouths.”

(Devarim 31:19)

We thus see that there is an obligation incumbent on the teacher or educator to make the efforts to ensure that each one of his students fully understands every aspect of his studies. The question still exists as to why this emphasis is made here. This is certainly true and effectual with respect to the entire Torah, why then is it emphasized here in Parashat Mishpatim in the context of the social laws between ma and his fellow? We will leave this question for the time being.

Let us continue with Rashi’s second explanation:

“‘Before them’ – and not before the Gentiles. Even if you know of one law that they judge in and identical manner to the Laws of Yisra’el – you may not bring it to their courts, for he who brings a court case of Jews before Gentiles desecrates God and pays tribute to the idolatry by recognizing it (by appearing in that court.) As the verse states: ‘Their god is not like our God, even in our enemies’ own judgment.’ (Devarim 32:31.)”

From Rashi we see that even when one approaches a Gentile court that judges a certain matter in the identical fashion as the Jewish law – they follow the Shulchan Aruch and Rambam’s decisions in their deliberations – still, he who brings his legal action before them “desecrates God and pays tribute to the idolatry by recognizing it.”

Rashi’s argument is rooted in the verse “Their god is not like our God, even in our enemies’ own judgment.” The verse indicates that our enemies’ hatred and rivalry find expression specifically in the legal realm. (Rashi thus understands the verse: “Their god is not like our God, v’oy’veinu p’lilim - and our enemies (express their status as enemies – in) judgment.” Even a person who doesn’t make this distinction, who approaches a court system that is identical to the Halacha in this matter – “desecrates God and pays tribute to the idolatry.”

Rashi’s explanation poses great difficulty – forwhy is it that we should not permit the Gentiles to judge according to our Law? Strong opposition to appearing before the Gentile courts who judge according to their own laws is quite understandable, but why is it still forbidden to appear before them despite that fact that they declare that the laws and Torah of Yisra’el are the foundation of their legal system?

It would seem that there is a dimension of “Avodat Hashem” (“Service of God”) within the judiciary system, and it is this that precludes the gentile from judging the Jew.

Just as we do not wonder why a gentile cannot replace the Kohen in his holy service in the Temple, since the foundation of Divine service lies in the mitzvoth of the sacrifices and the Temple service, and a non-Jew has no relevance in this sphere, so too we must understand our topic of discussion as an expression of Divine service. Therefore the gentile has no association with it, even if he himself applies the very same Torah laws.

This is a fundamental concept that negates the prevalent misconception that at the base of the judicial system lies only an intellectual-academic theory, which comes to set the inter-relations within society. This is not what defines the Torah justice system. We will deal with this point later.

Let us review the questions that we have raised thus far, at the same time we will add some questions that we will pose on the opening verses of Parashat Mishpatim.

Firstly, regarding Rashi’s first explanation of the verse “That you must set before them,” which demands that Moshe Rabbenu teach Bnei Yisra’el in the most thorough manner; not simply instruction as to simple knowledge of the issues. We posed the question that this concept is relevant to all of Torah, why then is this mentioned here with regard this compilation of laws in Parashat Mishpatim which primarily deals with those commandments between man and his fellow?

Our question regarding why when the Torah begins with its first compilation of laws it specifically lists those mitzvoth that are between man and his fellow, we answered with the words of the Mechilta. Still, let us keep this question in mid, for there are a number of aspects that we still must clarify in this regard.

Regarding Rashi’s second explanation: “‘Before them’ – and not before the Gentiles,” the difficulty is quite apparent. We have partially dealt with this issue, yet we must further understand exactly why it is forbidden for a Jew to appear before a Gentile court that judges in accordance with Jewish law.

We will raise two more questions, before moving on.

The beginning of Parashat Mishpatim opens with the mitzvah of ‘Eved Ivri’ – ‘The Hebrew Slave.’

“When you buy a Hebrew slave, he shall serve six years, but in the seventh year he is to be set free without liability.”

Why does the Torah choose to open the collection of laws that relate to man and his fellow specifically with the peripheral legal reality of a Hebrew slave? In the case of a person convicted for theft who is unable to reimburse the victim, and then is sold in order to cover the damages incurred as a result of theft?

The final question which we will pose before we begin our analysis of these issues is regarding the order of the verses. Parashat Mishpatim is structured as follows: after recording fifty-three central mitzvoth all related to Seder N’zikin (The portion of the Mishna which deals with damages), we find the following verses:

“Behold I am sending an angel before you to guard you on the way and to bring you to the place that I have prepared. Pay heed to him and obey him. Do not defy him, for he will not disregard your offenses, since My name is in him; but if you obey him and do all that I say, I will be an enemy to your enemies and a foe to your foes. When My angel goes before you and brings you to the Amorites, the Chittites, the Perizzites, the Canaanites, Chivites, and the Jebusites, and I will annihilate them.”

(Shemot 23:20-23)

Then the Torah continues on to describe the conquest of the land:

“I will send forth My terror before you, and I will stun all the people among whom you come, and I will make all your enemies flee from before you. I will send a plague ahead of you, and it shall drive out before you the Chivites, the Canaanites, and the Chittites. I will not drive them out before you in a single year, lest the land become desolate and the wild beasts overtake you. I will drive them out before you little by little, until you have increased and possess the land.”

(Shemot 23:27-30)

We then are told the boundaries of Eretz Yisra’el:

“I will set your borders from the Sea of Reeds to the Sea of the Philistines, and from the desert to the Euphrates, for I will deliver the inhabitants of the land into your hands, and you will drive them out before you.”

(Shemot 23:31)

We thus find a “Zionist Parasha” that seems to have been inserted into Parashat Mishpatim, while the following verses describe Moshe’s ascent of the mountain:

“Then He said to Moshe, “Ascend to the Lord, with Aharon, Nadav, and Avihu, and seventy elders of Israel, and prostrate yourselves from afar. Moshe alone shall come near God, but the others shall not come near, nor shall the people ascend with him… And Moshe went and told the people all the words of God and all commands, and the people answered wit one voice saying, ‘All the things that God has commanded – we will do!’”

(Shemot 24:1,3)

These last verse describe Moshe’s preparation prior to his ascent of Har Sinai (Mount Sinai) in order to receive the Torah. And despite the fact that in the chronological order of the parshi’yot we are currently after the Giving of the Torah, Rashi already noted this discrepancy:

“…and despite the fact that the parasha was recorded after the Giving of the Torah, it was in fact stated prior to the Giving of the Torah, and then the Altar was constructed, and they offered o’lot and sh’lamim (the o’la offering is entirely consumed on the altar, the sh’lamim is eaten by the owner and the Kohanim), and with that same blood they entered into the covenant.”

Aside from those verse that discuss Moshe’s ascent of the mountain, which do not appear in their correct chronological location, the verses that we have just discussed that deal with the sending of an angel before the nation and the preparation for entering Eretz Yisra’el appear in their correct context in the text. What then is the meaning of this ordering of the verses? What is the reason that immediately following the verses presenting the social justice system, the Torah then records the entry in to Eretz Yisra’el, and its conquest.

Now let us clarify these issues one by one.

The term that is repeated throughout Parashat Mishpatim is that of “Elohim” – referring to judges. As in the verse: “And the home-owner will approach the ‘Elohim’ judges,” (Shemot 22:7.) We thus see the connection between the judicial system and the spiritual content of reality, for the name “Elohim” is the name with which God created the world.

Let us recall that it was indeed Yitro who indicated the importance of a hierarchical judiciary system, but the forum of the Bet Din Ha’Gadol (literally “Great Court of Law”) was certainly not his innovation. The proof for this is to be found in our parasha in the dialogue between God and Moshe:

“Moshe said to God: ‘So I will go to Bnei Yisra’el and say: ‘Your fathers’ God sent me to you.’ They will immediately ask me what His name is. What shall I say to them?’ ‘I Will Be Who I Will Be,’ replied God to Moses. God then explained: ‘This is what you must say to Bnei Yisra’el: ‘I Will Be sent to you.’ God said further to Moshe: ‘You must say to Bnei Yisra’el, ‘God, the God of your fathers, the God of Avraham, Yitzchak and Ya’akov, sent me to you.’ This is My eternal name, and this is how I am to be recalled for all generations.”

(Shemot 3:13-15)

Then after his mission is defined, Moshe is commanded to act as follows:

“Go gather the elders of Yisra’el, and say to them, ‘God, the God of your fathers, appeared to me, the God of Avraham, Yitzchak, and Ya’akov. He said, ‘I have surely remembered you, and that which is being done to you in Egypt.’”

(Shemot 3:16)

Who are these ‘elders’ that Moshe is commanded to gather?

Rashi answers:

“The elders of Yisra’el – those dedicated to sitting (in judgment.)”

(ibid.)

In other words the forum of those elder of Yisra’el that sat in judgment and that possessed special status. This forum continued to operate even in the darkest days of the Egyptian Exile, and it is those elders that Moshe Rabbenu is commanded to gather.

If we were to ask that possibly these are simply any older members of the nation, Rashi already answered:

“And should you say that these are simply any elders, how is it possible to gather the elders among six-hundred thousand?”

(ibid.)

So, logically and practically there is no way that Moshe was commanded to gather the ‘elderly’ among six hundred thousand.

From here onwards Moshe acts together with Aharon and the elders with their demand of “Let My nation go so that they may serve Me,” (Shemot 7:16,) which they make to Pharaoh, Monarch of Egypt.

In any event, this forum of elders, (even though it is not clear how many there were), was already active in Egypt. These elders were a unit throughout the generations of Bnei Yisra’el that was responsible for the existence of the internal judicial system of the nation.

This reminds us of the famous Gemara from Masechet Yoma:

“The sitting in judgment never ceased from our forefathers, from Avraham, from Yitzchak…”

This means that from our forefathers all through the generations that followed them there was always the internal spirit that continued on. Even in the most difficult and testing moments of our nation. Also when Yisra’el were in Egypt and they had sunk through the forty-nine levels of impurity – even then the elders were active.

Let us move step by step in our attempt to understand the positioning of Parashat Mishpatim in the overall context.

Parashat Mishpatim follows the Ten Commandments. If it were not for the sin of the Golden Calf and the various delays as a result of this sin, Bnei Yisra’el would immediately have been commanded to enter Eretz Yisra’el. This delay transformed God’s providence and his relationship to Yisa’el in a manner whereby God no longer leads the nation, but rather an angel.

As the verses state:

“Behold I am sending an angel before you to guard you on the way and to bring you to the place that I have prepared. Pay heed to him and obey him. Do not defy him, for he will not disregard your offenses, since My name is in him; but if you obey him and do all that I say, I will be an enemy to your enemies and a foe to your foes. When My angel goes before you and brings you to the Amorites, the Chittites, the Perizzites, the Canaanites, Chivites, and the Jebusites, and I will annihilate them.”

(Shemot 23:20-23)

Yet after this change we must return to the original plan of entering Eretz Yisra’el; therefore immediately after this we are informed as to the borders of the land and our acquisition thereof.

“In your land, no woman will suffer miscarriage or remain childless. I will make you live out full lives. I will send forth My terror before you, and I will stun all the people among whom you come, and I will make all your enemies flee from before you. I will send a plague ahead of you, and it shall drive out before you the Chivites, the Canaanites, and the Chittites. I will not drive them out before you in a single year, lest the land become desolate and the wild beasts overtake you. I will drive them out before you little by little, until you have increased and possess the land. I will set your borders from the Sea of Reeds to the Sea of the Philistines, and from the desert to the Euphrates, for I will deliver the inhabitants of the land into your hands, and you will drive them out before you.”

(Shemot 23:26-31)

As we recall, we questioned the positioning of these parshi’yot within Parashat Mishpatim. From what we have said, our question must be to the contrary. The content of our question should be to ask as to the relationship between all these laws and the Giving of the Torah and Mount Sinai is, just as we must ask how these are connected to the verses of our inheritance of the land and its borders. For as we noted above, this verse are the natural continuation of the Giving of the Torah on Har Sinai since these verses deal with the division of Eretz Yisra’el. Why then do we have the interjection of those laws that define one’s legal status and responsibilities with regard his fellow? This is where the great innovation lies, which shows the Hebrew Justice System in an entirely different light compared to other judicial systems.

As we already noted, Moshe is instructed as to the Ten Commandments that in fact encompass all of Torah. But in the interim, between the Ten Commandments and the directive to enter Eretz Yisra’el, we find the description of the Hebrew judicial system. The reason for this is that one of the most central – if not the most central – concepts that will define and shape the nation’s hold on its land (even more than the Hebrew language) is its unique judicial system. This is the might of Yisra’el, that in it land and its sovereign state the rule of Torah, the Hebrew law, is supreme.

There is another theory that illuminates the Hebrew judiciary in a specific and unique manner. In order to properly define the uniqueness of the Hebrew judicial system we will examine a question posed by the Tz’lach (“Tziyun l’nefesh chaya,” a Gemara commentary written by Rav Yechezkel Landau, the “Noda Bi’y’huda,”) as to two terms that are employed in the Gemara.

The Tz’lach raises the question as to the usage of two distinct terms that seem to be contradictory. Sometimes, when the Gemara discusses monetary issues or any issue related to litigation, whether civil or criminal, the Gemara will derive a certain law from a verse, and then often the Gemara asks:

“Why is a verse necessary? It can be derived through logic!”
In other words, why do we need to use a verse when the issue can be derived through logic and rationale. Hence, it would seem that the employment of logic is preferable to the elucidation of a verse. Deriving the law from a verse seems to be secondary to derivation through logic – applicable only when the Sages are unable to logically settle a dispute as to a certain law.

Yet this principle seems to be inconsistent, for example the Gemara in Masechet B’rachot (35a,) the Gemara attempts to understand the basis for the obligation of the blessing over food prior to eating. After the Gemara offers a number of possibilities, all of which are based on verses, which are refuted, the Gemara concludes that “It can be derived through logic.”

What is the logic?

“It is forbidden for one to benefit (from anything) in this world without a b’racha.”

In other words, it is absurd that one will gain benefit from something without thanking he who allowed that benefit.

Here we see that it is preferable to prove an issue from verses rather than through logic – for only after there was no further possibility of proving this issue from verses (for all the proofs from verses were refuted), does the Gemara then acknowledge that it may be proven through logic.

The Tz’lach solves this lack of consistency between the use of logic and inference from verses by distinguishing between to sets of laws. Regarding those laws that are within in the judicial framework, that are part of “Seder N’zikin” – logical derivation is preferable to employing verses as proof; whereas in matters relating to those mitzvoth between man and God – direct inferences from verses are preferable to those derived by logic.

One of the great Sages of Jerusalem of the last century, Rav Gustman, explained the theory that lies at the basis of what the Tz’lach says. Rav Gustman explains that regarding those commandments between man and God, their fundamental basis is from God. Therefore the more we can derive from the verse – regarding every aspect of the commandment – the better. When we are unable to derive from a verse – then we make use of logic.

However the justice system, the system of laws which regulate matter between man and his fellow, first begins so to speak, on earth, not in the heavens, with the need for a justice system. Yet the innovation of the Hebrew justice system, that those presiding judges who use their own intellect in deciding cases, don’t merely use their own intellect, but are aided by the Divine illumination that illuminates their minds, and therefore their decisions are considered as “Torah.” Therefore this explains why judges are termed “Elohim,” for they do not pass judgment based on their intellect alone, for God stands over them, participating and directing their intellect.

We thus see that the Hebrew judicial system is unlike any other legal regulatory system of any other people or nation. The laws of the Torah on the plane between man and his fellow, despite being matters of logic and intellect, draw their strength from Har Sinai. The Torah does not perceive the judicial system as a unit detached from the Divine Law. Only the poor, false imitation of Judaism, Christianity, desired to tear between these two worlds, destroying an aspect of Godliness that is revealed in the world.

In the Hebrew legal system, in order for a judge to be permitted to sit as such, he must receive “S’micha” (ordination) from a Rabbi, who in turn was ordained from his Rabbi, all the way back to Moshe who received his S’micha at Sinai. One may ask why this process of S’micha is required in the realm of civil law, which is merely a “social regulatory structure,” and which seemingly has no “religious” content.

Yet this is exactly the innovation of the Hebrew legal system. Even in a sphere where the intellect dominates, the intellect is not detached from its source – but rather acts as a conduit for the revelation of God’s name in the world, even in the resolution of conflicts between man and his fellow.

Now let us answer the questions that we raised at the beginning of the shiur.

We asked why it was so important (according to Rashi’s first explanation) to emphasize the obligation of the teacher to teach as thoroughly as possible specifically in the context of Parashat Mishpatim, the context of the legal system, for certainly this also applies to all of Torah. From what we have said it is clear that indeed this applies to all of Torah, yet it is here where this concept is most relevant. Here is where we see the transmission of the Torah throughout the generations, and how the intellect applied in the legal context in fact derives its strength from God – that three who sit in judgment have God standing with them.

Now it becomes apparent how each of us represent a link in the chain that connects us in our present reality to Har Sinai, and which will bind the future generations to us and to Har Sinai. Therefore it is important that the Torah tradition be as precise, clear, and fluent – as “as a table set and primed for the diner’s meal” – for the students, this being vital for the integrity of the coming generations. All the while we must realize that the logic and rationale of the Torah Sage or of the student are not the incidental realization of their intellect, but are also an expression of Divine assistance, and expression of the Divine will speaking through the human intellect. Therefore the intellectual theories that a person raises while studying Torah are in fact his involvement in thousands of years of Hebrew Law.

This is but a small example of the Har Sinai experience that occurs at this moment.

How wonderful is it to know that there was never a period during the exile during which judges ceased to hold court – even in the most difficult situations. The Jewish Law is then one of the most distinctive national expressions of our people – it is the expression of the creative dynamics that were present in the most difficult times of Pharaoh and Egypt, and of all the “Pharaohs” throughout history.

How ridiculous and foolish it is to make the mistake in thinking that the nation will rejuvenate itself, build its state, and combine its existence, the revelation of God in this world – that appears also, and possibly most in those laws between man and his fellow – with a legal system based on the shaky foundations of Turkish and British Law! Legal systems that just two-hundred years ago executed children by hanging for theft of an apple!

Is there anything more ludicrous than this? Is there any greater national crime than discarding our grand legal system – a legal system that applies to every issue and aspect of life?

In a manner of speaking, those to blame are the “elders of Yisra’el,” who prefer, sometimes, to study and teach Torah, but to remain in a spiritual bubble, instead of demanding out loud the reinstating of the Hebrew Judiciary. But let us be honest with ourselves – when we are involved in a conflict with out fellow, will we turn to the Bet Din, or rather to the secular courts? Each and every one of us must deal with this question!

This knowledge - that we have a Divine legal system in our hands, which is entirely different from any other legal system – provides us with the adequate preparation for entering Eretz Yisra’el. Now we understand why between the verses of the Giving of the Torah and the verses that deal with the inheritance of the land we have Parashat Mishpatim, the corner stone of Seder N’zikin in the Talmud.

We are now able to understand Rashi’s second explanation as to why we are not permitted to bring our legal battles before Gentile courts even though they judge in the same manner as Yisra’el. This is since the legal system also belongs to the Divine system of commandments. It is also Torah! It is also holy and sanctified!

The Hebrew Law is not merely the regulation of the relationship between man and his fellow, but rather the revelation of God’s name in His world. Therefore, it is not enough that the court case be held in accordance with the content of the Hebrew Law. Those individuals active in the case, the judges, must also be linked to the revelation of God’s name in the world.

These are “the elders of Yisra’el” – those who we explained are “dedicated to sitting (in judgment.)”

With regards our question why this compilation of laws that we have in Parashat Mishpatim opens specifically with the laws of the Hebrew Slave, the Midrash “Lekach Tov” answers:

“‘When you buy a Hebrew slave’ – it opens with the law of the Hebrew slave, for they were slaves in Egypt and God redeemed them and granted them freedom, therefore He first commanded them not to enslave their brother in order to perform hard labor, and not to enslave him forever – rather no longer than the seventh year, as the verse states: “For they are My slaves whom I took out of Egypt, they will not be sold in the manner of slaves,’ (Vayikra 25:42,) therefore He opened with the laws of the Hebrew slave.”

(Midrash Lekach Tov, 35)

In other words, the Jewish nation who are about to establish a kingdom, a sovereign state, must know that also in the country you have just exited there was a legal system. However that legal system served a vicious hierarchy. There, in Egypt, was a simple hierarchical system that defined certain individuals as masters, and others as their slaves. This legal system drew its strength by relying on external factors and pattern, on “laws which they do not know,” (Tehillim 147:20.) This is not the case regarding Yisra’el, the Hebrew justice system is different, for Yisra’el understands that every human being possesses fundamental worth, and has obligations towards his Creator. This knowledge, and this man-God relationship explain why God is revealed even when Yisra’el deals with the civil law framework between man and his fellow.

This, then, is the story of the Book of Shemot that we will begin this Shabbat. It is not only a story of a nation attaining its freedom from a monstrous ruler, but rather an expression of Yisra’el’s true national identity that was suppressed under the heavy hand of Egypt. This is the open expression of that internal coal that was kept smoldering within the elders of Yisra’el.

All these find their expression and correct place in the justice system of Yisra’el, which is the Divine justice system.

Eliyahu ha’Navi, (Elijah the Prophet,) who we dealt with last week, who reveals the inner basis of the national rejuvenation is the one and the same Eliyahu who will resolve all the unanswered questions in the future. Eliyahu, who will decide those undecided legal issues, and who will determine the conclusion of the numerous discussions in the Talmud that are left as “Teiku,” (literally, “Let it stand,” ie. the dispute remains, with no final Halachik decision.) “Teiku,” (Tav, yud, kuf, vav,) and acronym which stands for “Tishbi Y’taretz Kushyot U’ba’ayot” – “The Tishbite (Eliyahu) will resolve all difficulties and questions.”

This is the Eliyahu who will announce the internal revival of the nation, and the renewal of its true identity. This is the Eliyahu who will indicate the way for our legal system, which is perhaps the greatest expression of Yisra’el’s identity.

Translated by Sholem Hurwitz.

Copyright Keren Yishai/Rav M. Elon