And These...

This and That

What’s the point? Not in a nihilistic sense but quite literally, what’s the point of this next to that? Last week, we ended the portion on the high note of of revelation where the Israelites experienced the immanence of the divine presence vis a vis the declaration of the ten commandments.

In what was most certainly a spiritual celebration, full of much pomp and circumstance, the readers of the text might expect a continuation of that elevation. Yet, we get something unexpected. A laundry list of interpersonal laws that attempt to set out a vision of the ideal society: how should we treat those we employ, how should we comport ourselves with our animals, and how should we deal with the land upon which we live. At first glance, it seems a bit incongruous. What does one have to do with the other?

In our context here, that very question is asked and answered by preeminent commentator Rashi. At first glance, it’s a fair question. He notes that the portion starts with v’eleh ha’mishpatim-and these ordinances. The ‘and’ for Rashi is the link. What happened last week on Mount Sinai was huge…and so is this week’s portion.

There are 53 mitzvot in this week’s portion-Mishpatim. Some seem connected while others stand apart but the truth is, they’re all part of one unit known as the covenant collection, a network that is the pillar of what it means to curate a just and civil society. It’s not an idyllic one. After all, there are clearly power imbalances that are built in. But, according to the 12th century Spanish commentator, Ibn Ezra, we are meant to pay attention to the ties that bind them:

Each ordinance and commandment is an independent unit but there is also a reason for the proximity of sequential verses. The main message of this section is that a person should not practice abuse and use force over someone who is weaker than him.

For Ibn Ezra the seeming random assortment of verses shouldn’t be seen as such. Rather, this collection is meant to remind us of an essential Jewish principle: our system is created to curb powerful people’s potential to take advantage of the vulnerable. That is major focal point of Judaism. He proceeds to go through every commandment in the portion to detail how it’s both about the actual topic it addresses and the larger notion of power inequality.

It stands in contrast to other ancient codes like Hammurabi’s whose focus on intervening on behalf of the powerless is meant to incentivize the powerless to bless their powerful masters for their benevolence. Here in the Torah, the intention of this law is to warn the powerful that their power is inherently limited and that God, as the protecter of the vulnerable, will always ‘step in.’ We all might interpret that divine action differently based on our particular theological bent but I hope that we can agree on the mandate we have to fight against these types of perversions of justice.

As I was learning through this, I was particularly struck by its connection to AG Bondi’s testimony before congress on the issue of the Epstein files. Watch this moment:

In a moment where one of the most powerful people in our country is asked about her role and the larger government’s role in protecting those most in need of assistance, she pivots to a response about the perceived financial success of the country as if that supercedes the government’s obligation to protect its citizens.

It was a perfect encapsulation of what the Torah was concerned about centuries ago. It anticipated this very problem because it understands the draw of power for the psyche of the human. We crave power and when we achieve it, we fall prey to our basest desires and forget about one of our essential roles: ensuring dignity for all humans, especially those in their most vulnerable state.

The Sfat Emet, the great Hasidic master from the Ger dynasty takes up the same topic as the Ibn Ezra and offers a powerful reminder of what these laws are meant to inculcate within us.

We are created into this world whole and perfect and then through living, we become crooked, jealous, and tinged with hate. Mishpatim, the very laws in this portion, are meant to aid us in straightening these flaws…fulfilling the laws from this portion bring out the latent power of the oral tradition. Good relationships between humans enable the realization of our potential ‘because God’s ways are just and the righteous shall walk through them.’ By fulfilling these mitzvot we bring latent spiritual power to the world.

In other words, don’t look at this odd juxtaposition of texts and think that just because these deal with the regularity of human relationships that they are any less sacred. In fact, by fulfilling these types of commandments, especially the ones related to uplifting the marginalized and vulnerable, we fulfill a divine mandate. Those who comport themselves otherwise are an affront to the tradition and render any expressions of faith and fealty to the tradition moot.

Doing good in Judaism is unique. It is not meant to be sentimental or to curry favor with those who need it. It is an expression of living divinely in the world. May we all aspire to keep on fighting for the powerless and holding the powerful accountable with our own power.

Shabbat Shalom and Happy Weekend