Parashat Mishpaṭim (Ex. 21:1-24:18) פָּרָשַׁת מִשְׁפָּטִים
INTRODUCTION:
Parashat Mishpaṭim (Ex. 21:1-24:18) contains the following sidrot:
Sixty-Second Sidra՚, laws concerning slaves, homicide, injuring parents, kidnapping, cursing parents, injuries, theft and offences demanding compensation, seduction of a virgin, and moral and ethical laws;
Sixty-Third Sidra՚, lending money, rebellion, first fruits, carrion, justice, and the calendar;
Sixty-Fourth Sidra՚, promises and instructions for the land of Canaan, the Covenant ratified, and Moses ascends the mountain.
ANALYSIS:
Sixty-Second Sidra՚ (Ex. 21:1-22:23): Laws concerning slaves, homicide, injuring parents, kidnapping, cursing parents, injuries, theft and offences demanding compensation, seduction of a virgin, and moral and ethical laws.
The parasha opens with the words, "And these are the judgements, which you shall place before them" (Ex. 21:1), and then proceeds to provide the foundations of Torah ethics, morality, and justice.
The first group of judgements concerns the Hebrew manservant and maidservant. A Hebrew manservant who is purchased for money is to work for six years and in the seventh year he can go free without having to purchase his freedom. If his martial status was single when he began his service - then single he leaves, and if he was married when he began his service - then his wife leaves with him. However, if his lord gave him a wife and she bore him children, then the wife and children - who are his lord's property - do not leave with him. Nevertheless, if the servant loves his lord, wife and children, and therefore does not desire to go free, his lord is to bring him near to God (probably meaning he makes an oath of loyalty to his lord) and his ear is to be pierced near to the door, or to the doorpost (probably the door or doorpost of his lord's house to signifying the servant's allegiance to his lord's household) and he shall serve his master forever. If a man sells his daughter to be a maidservant, she is not to gain her freedom in the same manner as regular male or female servant (see Deuteronomy 15:12-18). The maidservant servant discussed here is one sold by her father for the purpose of marriage to either the master or his son, as compared to Deuteronomy where she has entered service due to bad debts and poverty with no intention of marriage. The intention here seems to be to secure an honourable position in society for the girl by marrying her into a family of high status. If she is displeasing in the eyes of her lord then she shall be ransomed and he has no jurisdiction to sell her to a foreign people. The Torah portrays the lord who turns the maidservant away in a bad light, for it is written, "in (that) he has acted treacherously with her" (Ex. 21:8). If she is meant as a wife for his son then the Torah stipulates, "According to the judgement of daughters he shall do to her" (Ex. 21:9), in other words her lord is to deal with her in accordance to the rights of every Israelite woman. And what are these rights, "her food her clothing and her marital-relations he shall not diminish" (Ex. 21:10), even if he takes more than one wife. If he doesn't fulfil these three things for her, "then she shall go out free there is no money" (Ex. 21:11). The phrase "she shall go out" denotes divorce as in "she goes out from his house" (Deut. 24:2) and "to send out all the women" (Ezra 10:3); and "she shall go out for nothing there is no money" means because her lord did not fulfil his duty towards her the maidservant does not have to pay an indemnity in compensation for her purchase price.
If someone acts presumptuously against their neighbour and kills them with cunning the killer is to be put to death. However, if there was no malice and, "God has brought him by opportune into his hand" (Ex. 21:13), in other words manslaughter, then the killer can flee to a place of refuge.
Anyone who smites their father or mother is to be put to death.
Anyone that kidnaps a fellow human being and sells him (into slavery or for a ransom) or the kidnap victim is found in the kidnapper's hands, the Kidnapper is to be put to death.
Anyone who degrades his father or his mother shall be put to death.
If men strive and one smites the other with a stone or with his fist and the injured party does not die but does need to recuperate from his injuries; if he can walk about outside upon crouches then the one that smote him only needs to compensate him for missed earnings and for his medical bills. If a man smites his servant or his maid with a rod and the servant dies under his hand, then the master is put to death. If men struggle and strike a pregnant woman and as a result she gives birth prematurely and there is no tragedy[1], then the perpetrator shall be fined by arbitration. However, if the baby dies, then its life in place of life, eye in place of eye, tooth in place of tooth; hand in place of hand, foot in place of foot, burn in place of burn, bruise in place of bruise, and blow in place of blow. If a man smites the eye of his servant or maid and ruins it, or knocks out the tooth of his servant or maid, then the servant or maid shall be set free in place of the eye or tooth. If an ox gores someone and they die, the ox is to be stoned to death and the owner is innocent. However, if the ox is known to gore plus it was testified to the owner that it had previously gored and he did not guard it, then if the ox goers someone to death not only shall the ox be stoned but the owner shall also be put to death. Nevertheless, if a ransom is placed upon his life and he is permitted to redeem his life. If the ox goers a servant, then the owner pays thirty sheqels of silver (the price of a servant) and the ox is stoned. If a man opens a pit or digs a pit and does not cover it and an ox or a donkey falls into it, the owner of the pit shall compensate the owner of the beast, and any dead beast belongs to the owner of the pit. If a man's ox strikes his neighbour's ox and it dies; the live ox is to be sold and its value divided between the two parties and the dead ox shall also be divided between them. However, if the ox is known to gore and its owner did not guard it then he shall pay full restitution for the dead ox and its carcass shall be long to the owner of the ox that is known to gore.
If a man steals an ox or an animal of the flock (a sheep or goat) and butchers it or sells it, he shall pay five cattle in place of the ox and four of the flock in place of the sheep or goat. If a thief in the act of breaking into someone's house is found, smitten, and dies; there is no bloodguilt. However, "if the sun shines upon him" (Ex. 22:2) in other words the life of the householder was not in danger then there is bloodguilt. A thief who is caught must pay for his theft and if he has nothing then he is to be sold to be a manservant, but if the article that he stole is found in his possession, if it is an ox, donkey, or one of the flock, and it is still alive; then he pays twofold. If a man grazes his livestock and it grazes in another's field, then he is to compensate the other from the best of his field or vineyard. If a fire breaks out and spreads consuming sheaf-stacks, standing-grain, or anything in the field, then he who caused the fire shall pay compensation. If a man gives to his neighbour any article for safekeeping and it is stolen from the house of the custodian; if the thief is found he shall pay twofold. However, if the thief is not found then the custodian shall be brought near to God to find out if he did or did not steal the article; if he is guilty then he shall pay twofold. If a man gives to his neighbour any beast for safekeeping (this is probably referring to a paid custodian) and it dies, brakes a limb, or is stolen and no one sees, then there shall be an oath of YHWH between the two parties and if the custodian is innocent then he does not pay restitution. And if it was stolen from his possession he shall pay its worth to its owner, if it was torn apart by beasts he shall bring the remains as a witness and does not need to pay compensation. And if a man hires from his neighbour and it brakes or dies and its owner is not with the borrower, then the borrower pays compensation; however, if the owner is with the borrower he does not pay compensation.
And if a man seduces a virgin who is not betrothed and he has sexual intercourse with her, he shall endow her to himself for a wife. If her father refuses to give her to him, he shall pay according to the dowry of virgins.
A sorceress shall be put to death. Anyone who has sexual relations with a beast shall be put to death. Anyone who offers a sacrifice to another god is to be devoted to destruction; only to YHWH may sacrifices be offered. We must not maltreat nor oppress a sojourner, for we were sojourners in the land of Egypt. Don't afflict the widow or the orphan, for if you do and they cry out to YHWH, He shall hear their cry and his anger will blaze up and He will kill you with the sword; and your wives will be widows and your children orphans.
Sixty-Third Sidra՚ (Ex. 22:24-23:19): Lending money, rebellion, first fruits, carrion, justice, and the calendar.
If an Israelite lends money to a fellow Israelite who is poor he is not to act as a creditor and charge him interest (literally - bite). If the lender takes the borrowers mantle i.e. covering garment, as a pledge for the loan he is to return it before sunset, "For it is his only covering, it is his mantle for his skin; with what shall he lie down, and it shall be when he cries out to Me, then I shall hear for I am gracious" (Ex. 22:26).
Don't curse God [קלל - to make contemptible] or a prince of our people.
The best part of the produce of the field, wine, oil, and first born son belong to YHWH. An ox or one of the flock is to remain with its mother for seven days, and on the eighth day it is to be given to YHWH.
We are to be holy therefore we cannot eat the flesh of animal that has been torn apart by beasts [טְרֵפָה], but we can cast it to the dogs.
Do not take up a false report (literally - hearing), nor are we to become partners with a wicked person in their schemes of violence. Don't go by the majority if they are evil, nor are we to incline towards the majority - just because they are the majority - in testifying in a dispute, and in so doing thrust justice aside. Don't incline towards a poor man in his dispute, simply because he is poor. If you find your enemy's ox or his donkey wandering about you shall return it. If you see the donkey of one that hates you crouching under its burden you shall not turn your back on the situation, but help him set his donkey free. Just as we cannot incline towards someone in judgement simply because they are the under-dog, we also can't discriminate against them in their dispute. Keep far away from a false matter, and someone who is innocent and righteous shall not be sentenced to death, for YHWH will not justify the wicked. Don't take a bribe for a bribe causes one to ignore the facts and it twists the words of the righteous. Do not oppress the sojourner for we know what it is like to be a sojourner, for sojourners we were in Egypt.
Six years out of every seven years we can sow our land and gather its produce; however on the seventh we are to release the land and leave it. The needy of the people may eat the produce of the field, vineyard, and olive-grove, and what they leave remaining is for the animals. "Six days you shall do your doings, but on the seventh day you shall cease; in order that your ox and your donkey shall rest, and the son of your maid and the sojourner shall be refreshed" (Ex. 23:12). Everything that YHWH says to us we shall keep, and we cannot call on the name of another god (i.e. pray to or petition), it shall not be heard in our mouths. Three times a year we are to observe a pilgrimage to YHWH[2] and are not permitted to be seen before YHWH empty handed, i.e. without an offering. The first, the Pilgrimage-Festival of Maṣṣoth (unleavened bread) in commemoration of the Exodus, which is to be held for seven days at the time that the barley grain is in ՚Aviv[3]; during the festival we are to eat maṣṣoth. The second, the Pilgrimage-Festival of the Harvest (Shavuՙoth - weeks) - the wheat harvest; and the third, the Pilgrimage-Festival of the Ingathering (Sukkoth - booths) at the end of the agricultural year - the ingathering of the produce of the fields. Three times a year all males shall be seen before YHWH. No ḥameṣ (fermented produce) can be offered with the blood of YHWH's sacrifice i.e. Pesaḥ Offering, and the ḥelev[4] of YHWH's festive-offerings shall not remain overnight until the morning i.e. they must be burnt before the morning. The first of the first-fruits of the soil are to be brought to the House of YHWH, and we are not to cook a kid in the milk of its mother. From the juxtaposition and context of the commandment not to cook a kid in its mother's milk, it would seem that this commandment is a condemnation of pagan fertility sacrifices.
Sixty-Fourth Sidra՚ (Ex. 23:20-24:18): Promises and instructions for the land of Canaan, the Covenant ratified, and Moses ascends the mountain.
YHWH informs the Children of Israel that He is sending a messenger (angel) before them who will bring them to the land of Canaan and guide them along the way. The people are to take heed of YHWH's messenger and to listen to his voice; they must not rebel against him for he will not tolerate their transgression as YHWH's name is with him. If the people listen to YHWH's messenger and heed his instructions then YHWH will be an enemy to the enemies of Israel. When YHWH's messenger brings Israel to the land of Canaan - YHWH will annihilate the Canaanites - they must not bow down to the gods of the Canaanites nor serve them, nor shall they imitate the ways of the Canaanites; but they must smash the standing stones of the Canaanites. If we serve YHWH, He will bless our food and water, and He will remove all sickness from us, nor will any woman amongst us miscarry or be barren, and our days will be full. YHWH will send His terror before Israel, and He will confuse the people that Israel comes against and we will easily defeat our enemies. YHWH will send the ṣirՙa[5] [הַצִּרְעָה] before Israel and it will drive out the Canaanites. YHWH will not drive out the Canaanites in one year lest the land becomes desolate and wild animals become a problem. Although He will drive them out little by little until Israel is fruitful and inherits the land. YHWH will set the borders of Israel from the Sea of Reeds (Red Sea) to the Sea of the Philistines (Mediterranean), and from the Wilderness to the River (Euphrates). The exact borders of the Land of Israel are provided in Numbers 34:1-12. We are not to cut a covenant with the Canaanites nor with their gods, and they are not to settle in our land lest they be a snare - causing us to sin against YHWH by serving their gods.
YHWH tells Moses to come up to Him along with Aaron and his sons Nadav and Avihu, as well as seventy of the elders of Israel. They are to bow down from afar, but only Moses is to approach YHWH. Moses relates to the people all the words and judgements of YHWH. "And all the people answered in one voice and said, all the words that YHWH has spoken we will do" (Ex. 24:3). The Torah then states, "And Moses wrote down all the words of YHWH" (Ex. 24:4). Moses rises in the morning and commences to build an altar beneath the mountain. The altar consists of twelve standing stones, one for each of the tribes of Israel. Moses sends for the youths of the Children of Israel and they offer ascent-offerings, and slaughter slaughter-offerings of wellbeing of bulls to YHWH. Moses then takes half of the blood from the sacrifices and places it in basins, and the other half he throws against the altar, "And he took the Book of the Covenant, and read it in the ears of the people; and they said, all that YHWH has spoken we will do and we will hearken" (Ex. 24:7). Moses takes the blood and throws it on the people and says, "Here is the blood of the covenant that YHWH has cut with you, concerning all these words" (Ex. 24:8). Then Moses, Aaron, Nadav, Avihu, and seventy of the elders of Israel ascend the mountain, "And they saw, the God of Israel; and beneath His feet something like the work of lapis lazuli bricks, and (something) like the substance of the heavens in purity. And against the Nobles of the Children of Israel, He did not send forth His hand; and they beheld God, and they ate and drank" (Ex. 24:10-11).
Moses and the others have now probably descended from the mountain seeing that YHWH tells Moses to come up to Him on the mountain once again, but this time he is to remain there and YHWH will give him, "the tablets of stone and the Torah (Instruction) and the Command, that I have written down to instruct them" (Ex. 24:12). First, YHWH delivered the Ten Sayings orally along with all the judgements mentioned in this parasha, then Moses wrote it all down in the Book of the Covenant (verses 4 & 7), and now YHWH will give Moses a copy of the Ten Sayings carved in stone. Moses and his attendant Joshua go up to the "Mountain of God" (Ex. 24:13). Moses tells the elders to stay and wait for their return, and if anyone has any issues that need resolving they are to approach Aaron and Ḥur. Moses ascends the mountain and the cloud covers the mountain while the Glory of YHWH takes up abode on Mount Sinai. The mountain is covered by the cloud for six days, and on the seventh day YHWH calls to Moses from amidst the cloud. "And the sight of the Glory of YHWH, (was) like a consuming fire on top of the mountain; in the eyes of the Children of Israel" (Ex. 24:17). As Moses ascends the mountain he enters the cloud and remains on the mountain for forty days and forty nights.
THE AUTHOR'S THOUGHTS:
Israel received the ordinances, judgments, commandments, and laws contained in the Torah in three main locations: at Sinai (Exodus and Leviticus), during the wilderness wanderings (Numbers), and on the plains of Moab (Deuteronomy). The Torah sets the agenda from national policy to everyday disputes. It is YHWH Who shapes our entire culture and society, giving order to our political, social, and spiritual lives. There is no separation between religion and state, every aspect of life, whether politics, family, purity, diet, the Shabbath, and even economics are the concern of YHWH. The ordinances, judgments, commandments, and laws of the Torah are not listed in any particular order and the arrangement intends to be eclectic. This amalgamation of commandments of various themes stresses that life cannot be subdivided and separated in various compartments; life must be viewed holistically nothing exists in a vacuum. The Torah informs exactly what YHWH requires from us and where we stand before Him. If we keep His words then we will live free from diseases, our crops will grow bountifully, our women will give birth to many children, our armies will always prove victorious; in short, we will enjoy unprecedented national wealth and security (Ex. 23:20-28). The Torah is our foundation; we are a nation solely by virtue of the Torah - YHWH chose us to be a treasured possession (Ex. 19:5-6). He wants us to be a nation unlike any other, a model society centered on a commitment to Him; a light unto the nations - a holy nation. The prophets compare our relationship to YHWH and His Torah to that of a marriage; to be disloyal to YHWH and His Torah is tantamount to adultery. The Torah is His expression of love for His people. Our relationship with YHWH is not personal but interpersonal, for it depends upon our relationship with others. The ordinances, judgments, commandments, and laws of the Torah are intended for a socially-just society where compassion is paramount. Just as YHWH is a just and merciful God, then as His people we too must be just and merciful. YHWH wants His people united in love for Him and each other; this is the legacy of YHWH's Torah.
[1] The Hebrew word אָסוֹן, which I have translated as tragedy appears five times in the Miqra, inclusive of this passage, and is only used for the loss or potential loss of a child, see Gen. 42:4,38 and Gen. 44:29.
[2] In other words to the Temple where the glory of YHWH was present.
[3] אָבִיב - fresh ears of barley.
[4] The definition of ḥelev can be found in Leviticus 3:9-10. Ḥelev is therefore; i) The tail of the sheep (՚alya), ii) The fat that covers the innards i.e. intestines, iii) The fat that is about the innards, iv) The kidneys, v) The fat that is on the tendons of the kidneys, and vi) The protuberance on the liver.
[5] The meaning of the word צִרְעָה (ṣirՙa) is unsure some translate it has hornet others translate it as plague. Those who translate צִרְעָה as plague derive its meaning from the word צָרָעַת (ṣaraՙath) which is usually mistranslated as leprosy.
Parashat Mishpaṭim (Ex. 21:1-24:18) contains the following sidrot:
Sixty-Second Sidra՚, laws concerning slaves, homicide, injuring parents, kidnapping, cursing parents, injuries, theft and offences demanding compensation, seduction of a virgin, and moral and ethical laws;
Sixty-Third Sidra՚, lending money, rebellion, first fruits, carrion, justice, and the calendar;
Sixty-Fourth Sidra՚, promises and instructions for the land of Canaan, the Covenant ratified, and Moses ascends the mountain.
ANALYSIS:
Sixty-Second Sidra՚ (Ex. 21:1-22:23): Laws concerning slaves, homicide, injuring parents, kidnapping, cursing parents, injuries, theft and offences demanding compensation, seduction of a virgin, and moral and ethical laws.
The parasha opens with the words, "And these are the judgements, which you shall place before them" (Ex. 21:1), and then proceeds to provide the foundations of Torah ethics, morality, and justice.
The first group of judgements concerns the Hebrew manservant and maidservant. A Hebrew manservant who is purchased for money is to work for six years and in the seventh year he can go free without having to purchase his freedom. If his martial status was single when he began his service - then single he leaves, and if he was married when he began his service - then his wife leaves with him. However, if his lord gave him a wife and she bore him children, then the wife and children - who are his lord's property - do not leave with him. Nevertheless, if the servant loves his lord, wife and children, and therefore does not desire to go free, his lord is to bring him near to God (probably meaning he makes an oath of loyalty to his lord) and his ear is to be pierced near to the door, or to the doorpost (probably the door or doorpost of his lord's house to signifying the servant's allegiance to his lord's household) and he shall serve his master forever. If a man sells his daughter to be a maidservant, she is not to gain her freedom in the same manner as regular male or female servant (see Deuteronomy 15:12-18). The maidservant servant discussed here is one sold by her father for the purpose of marriage to either the master or his son, as compared to Deuteronomy where she has entered service due to bad debts and poverty with no intention of marriage. The intention here seems to be to secure an honourable position in society for the girl by marrying her into a family of high status. If she is displeasing in the eyes of her lord then she shall be ransomed and he has no jurisdiction to sell her to a foreign people. The Torah portrays the lord who turns the maidservant away in a bad light, for it is written, "in (that) he has acted treacherously with her" (Ex. 21:8). If she is meant as a wife for his son then the Torah stipulates, "According to the judgement of daughters he shall do to her" (Ex. 21:9), in other words her lord is to deal with her in accordance to the rights of every Israelite woman. And what are these rights, "her food her clothing and her marital-relations he shall not diminish" (Ex. 21:10), even if he takes more than one wife. If he doesn't fulfil these three things for her, "then she shall go out free there is no money" (Ex. 21:11). The phrase "she shall go out" denotes divorce as in "she goes out from his house" (Deut. 24:2) and "to send out all the women" (Ezra 10:3); and "she shall go out for nothing there is no money" means because her lord did not fulfil his duty towards her the maidservant does not have to pay an indemnity in compensation for her purchase price.
If someone acts presumptuously against their neighbour and kills them with cunning the killer is to be put to death. However, if there was no malice and, "God has brought him by opportune into his hand" (Ex. 21:13), in other words manslaughter, then the killer can flee to a place of refuge.
Anyone who smites their father or mother is to be put to death.
Anyone that kidnaps a fellow human being and sells him (into slavery or for a ransom) or the kidnap victim is found in the kidnapper's hands, the Kidnapper is to be put to death.
Anyone who degrades his father or his mother shall be put to death.
If men strive and one smites the other with a stone or with his fist and the injured party does not die but does need to recuperate from his injuries; if he can walk about outside upon crouches then the one that smote him only needs to compensate him for missed earnings and for his medical bills. If a man smites his servant or his maid with a rod and the servant dies under his hand, then the master is put to death. If men struggle and strike a pregnant woman and as a result she gives birth prematurely and there is no tragedy[1], then the perpetrator shall be fined by arbitration. However, if the baby dies, then its life in place of life, eye in place of eye, tooth in place of tooth; hand in place of hand, foot in place of foot, burn in place of burn, bruise in place of bruise, and blow in place of blow. If a man smites the eye of his servant or maid and ruins it, or knocks out the tooth of his servant or maid, then the servant or maid shall be set free in place of the eye or tooth. If an ox gores someone and they die, the ox is to be stoned to death and the owner is innocent. However, if the ox is known to gore plus it was testified to the owner that it had previously gored and he did not guard it, then if the ox goers someone to death not only shall the ox be stoned but the owner shall also be put to death. Nevertheless, if a ransom is placed upon his life and he is permitted to redeem his life. If the ox goers a servant, then the owner pays thirty sheqels of silver (the price of a servant) and the ox is stoned. If a man opens a pit or digs a pit and does not cover it and an ox or a donkey falls into it, the owner of the pit shall compensate the owner of the beast, and any dead beast belongs to the owner of the pit. If a man's ox strikes his neighbour's ox and it dies; the live ox is to be sold and its value divided between the two parties and the dead ox shall also be divided between them. However, if the ox is known to gore and its owner did not guard it then he shall pay full restitution for the dead ox and its carcass shall be long to the owner of the ox that is known to gore.
If a man steals an ox or an animal of the flock (a sheep or goat) and butchers it or sells it, he shall pay five cattle in place of the ox and four of the flock in place of the sheep or goat. If a thief in the act of breaking into someone's house is found, smitten, and dies; there is no bloodguilt. However, "if the sun shines upon him" (Ex. 22:2) in other words the life of the householder was not in danger then there is bloodguilt. A thief who is caught must pay for his theft and if he has nothing then he is to be sold to be a manservant, but if the article that he stole is found in his possession, if it is an ox, donkey, or one of the flock, and it is still alive; then he pays twofold. If a man grazes his livestock and it grazes in another's field, then he is to compensate the other from the best of his field or vineyard. If a fire breaks out and spreads consuming sheaf-stacks, standing-grain, or anything in the field, then he who caused the fire shall pay compensation. If a man gives to his neighbour any article for safekeeping and it is stolen from the house of the custodian; if the thief is found he shall pay twofold. However, if the thief is not found then the custodian shall be brought near to God to find out if he did or did not steal the article; if he is guilty then he shall pay twofold. If a man gives to his neighbour any beast for safekeeping (this is probably referring to a paid custodian) and it dies, brakes a limb, or is stolen and no one sees, then there shall be an oath of YHWH between the two parties and if the custodian is innocent then he does not pay restitution. And if it was stolen from his possession he shall pay its worth to its owner, if it was torn apart by beasts he shall bring the remains as a witness and does not need to pay compensation. And if a man hires from his neighbour and it brakes or dies and its owner is not with the borrower, then the borrower pays compensation; however, if the owner is with the borrower he does not pay compensation.
And if a man seduces a virgin who is not betrothed and he has sexual intercourse with her, he shall endow her to himself for a wife. If her father refuses to give her to him, he shall pay according to the dowry of virgins.
A sorceress shall be put to death. Anyone who has sexual relations with a beast shall be put to death. Anyone who offers a sacrifice to another god is to be devoted to destruction; only to YHWH may sacrifices be offered. We must not maltreat nor oppress a sojourner, for we were sojourners in the land of Egypt. Don't afflict the widow or the orphan, for if you do and they cry out to YHWH, He shall hear their cry and his anger will blaze up and He will kill you with the sword; and your wives will be widows and your children orphans.
Sixty-Third Sidra՚ (Ex. 22:24-23:19): Lending money, rebellion, first fruits, carrion, justice, and the calendar.
If an Israelite lends money to a fellow Israelite who is poor he is not to act as a creditor and charge him interest (literally - bite). If the lender takes the borrowers mantle i.e. covering garment, as a pledge for the loan he is to return it before sunset, "For it is his only covering, it is his mantle for his skin; with what shall he lie down, and it shall be when he cries out to Me, then I shall hear for I am gracious" (Ex. 22:26).
Don't curse God [קלל - to make contemptible] or a prince of our people.
The best part of the produce of the field, wine, oil, and first born son belong to YHWH. An ox or one of the flock is to remain with its mother for seven days, and on the eighth day it is to be given to YHWH.
We are to be holy therefore we cannot eat the flesh of animal that has been torn apart by beasts [טְרֵפָה], but we can cast it to the dogs.
Do not take up a false report (literally - hearing), nor are we to become partners with a wicked person in their schemes of violence. Don't go by the majority if they are evil, nor are we to incline towards the majority - just because they are the majority - in testifying in a dispute, and in so doing thrust justice aside. Don't incline towards a poor man in his dispute, simply because he is poor. If you find your enemy's ox or his donkey wandering about you shall return it. If you see the donkey of one that hates you crouching under its burden you shall not turn your back on the situation, but help him set his donkey free. Just as we cannot incline towards someone in judgement simply because they are the under-dog, we also can't discriminate against them in their dispute. Keep far away from a false matter, and someone who is innocent and righteous shall not be sentenced to death, for YHWH will not justify the wicked. Don't take a bribe for a bribe causes one to ignore the facts and it twists the words of the righteous. Do not oppress the sojourner for we know what it is like to be a sojourner, for sojourners we were in Egypt.
Six years out of every seven years we can sow our land and gather its produce; however on the seventh we are to release the land and leave it. The needy of the people may eat the produce of the field, vineyard, and olive-grove, and what they leave remaining is for the animals. "Six days you shall do your doings, but on the seventh day you shall cease; in order that your ox and your donkey shall rest, and the son of your maid and the sojourner shall be refreshed" (Ex. 23:12). Everything that YHWH says to us we shall keep, and we cannot call on the name of another god (i.e. pray to or petition), it shall not be heard in our mouths. Three times a year we are to observe a pilgrimage to YHWH[2] and are not permitted to be seen before YHWH empty handed, i.e. without an offering. The first, the Pilgrimage-Festival of Maṣṣoth (unleavened bread) in commemoration of the Exodus, which is to be held for seven days at the time that the barley grain is in ՚Aviv[3]; during the festival we are to eat maṣṣoth. The second, the Pilgrimage-Festival of the Harvest (Shavuՙoth - weeks) - the wheat harvest; and the third, the Pilgrimage-Festival of the Ingathering (Sukkoth - booths) at the end of the agricultural year - the ingathering of the produce of the fields. Three times a year all males shall be seen before YHWH. No ḥameṣ (fermented produce) can be offered with the blood of YHWH's sacrifice i.e. Pesaḥ Offering, and the ḥelev[4] of YHWH's festive-offerings shall not remain overnight until the morning i.e. they must be burnt before the morning. The first of the first-fruits of the soil are to be brought to the House of YHWH, and we are not to cook a kid in the milk of its mother. From the juxtaposition and context of the commandment not to cook a kid in its mother's milk, it would seem that this commandment is a condemnation of pagan fertility sacrifices.
Sixty-Fourth Sidra՚ (Ex. 23:20-24:18): Promises and instructions for the land of Canaan, the Covenant ratified, and Moses ascends the mountain.
YHWH informs the Children of Israel that He is sending a messenger (angel) before them who will bring them to the land of Canaan and guide them along the way. The people are to take heed of YHWH's messenger and to listen to his voice; they must not rebel against him for he will not tolerate their transgression as YHWH's name is with him. If the people listen to YHWH's messenger and heed his instructions then YHWH will be an enemy to the enemies of Israel. When YHWH's messenger brings Israel to the land of Canaan - YHWH will annihilate the Canaanites - they must not bow down to the gods of the Canaanites nor serve them, nor shall they imitate the ways of the Canaanites; but they must smash the standing stones of the Canaanites. If we serve YHWH, He will bless our food and water, and He will remove all sickness from us, nor will any woman amongst us miscarry or be barren, and our days will be full. YHWH will send His terror before Israel, and He will confuse the people that Israel comes against and we will easily defeat our enemies. YHWH will send the ṣirՙa[5] [הַצִּרְעָה] before Israel and it will drive out the Canaanites. YHWH will not drive out the Canaanites in one year lest the land becomes desolate and wild animals become a problem. Although He will drive them out little by little until Israel is fruitful and inherits the land. YHWH will set the borders of Israel from the Sea of Reeds (Red Sea) to the Sea of the Philistines (Mediterranean), and from the Wilderness to the River (Euphrates). The exact borders of the Land of Israel are provided in Numbers 34:1-12. We are not to cut a covenant with the Canaanites nor with their gods, and they are not to settle in our land lest they be a snare - causing us to sin against YHWH by serving their gods.
YHWH tells Moses to come up to Him along with Aaron and his sons Nadav and Avihu, as well as seventy of the elders of Israel. They are to bow down from afar, but only Moses is to approach YHWH. Moses relates to the people all the words and judgements of YHWH. "And all the people answered in one voice and said, all the words that YHWH has spoken we will do" (Ex. 24:3). The Torah then states, "And Moses wrote down all the words of YHWH" (Ex. 24:4). Moses rises in the morning and commences to build an altar beneath the mountain. The altar consists of twelve standing stones, one for each of the tribes of Israel. Moses sends for the youths of the Children of Israel and they offer ascent-offerings, and slaughter slaughter-offerings of wellbeing of bulls to YHWH. Moses then takes half of the blood from the sacrifices and places it in basins, and the other half he throws against the altar, "And he took the Book of the Covenant, and read it in the ears of the people; and they said, all that YHWH has spoken we will do and we will hearken" (Ex. 24:7). Moses takes the blood and throws it on the people and says, "Here is the blood of the covenant that YHWH has cut with you, concerning all these words" (Ex. 24:8). Then Moses, Aaron, Nadav, Avihu, and seventy of the elders of Israel ascend the mountain, "And they saw, the God of Israel; and beneath His feet something like the work of lapis lazuli bricks, and (something) like the substance of the heavens in purity. And against the Nobles of the Children of Israel, He did not send forth His hand; and they beheld God, and they ate and drank" (Ex. 24:10-11).
Moses and the others have now probably descended from the mountain seeing that YHWH tells Moses to come up to Him on the mountain once again, but this time he is to remain there and YHWH will give him, "the tablets of stone and the Torah (Instruction) and the Command, that I have written down to instruct them" (Ex. 24:12). First, YHWH delivered the Ten Sayings orally along with all the judgements mentioned in this parasha, then Moses wrote it all down in the Book of the Covenant (verses 4 & 7), and now YHWH will give Moses a copy of the Ten Sayings carved in stone. Moses and his attendant Joshua go up to the "Mountain of God" (Ex. 24:13). Moses tells the elders to stay and wait for their return, and if anyone has any issues that need resolving they are to approach Aaron and Ḥur. Moses ascends the mountain and the cloud covers the mountain while the Glory of YHWH takes up abode on Mount Sinai. The mountain is covered by the cloud for six days, and on the seventh day YHWH calls to Moses from amidst the cloud. "And the sight of the Glory of YHWH, (was) like a consuming fire on top of the mountain; in the eyes of the Children of Israel" (Ex. 24:17). As Moses ascends the mountain he enters the cloud and remains on the mountain for forty days and forty nights.
THE AUTHOR'S THOUGHTS:
Israel received the ordinances, judgments, commandments, and laws contained in the Torah in three main locations: at Sinai (Exodus and Leviticus), during the wilderness wanderings (Numbers), and on the plains of Moab (Deuteronomy). The Torah sets the agenda from national policy to everyday disputes. It is YHWH Who shapes our entire culture and society, giving order to our political, social, and spiritual lives. There is no separation between religion and state, every aspect of life, whether politics, family, purity, diet, the Shabbath, and even economics are the concern of YHWH. The ordinances, judgments, commandments, and laws of the Torah are not listed in any particular order and the arrangement intends to be eclectic. This amalgamation of commandments of various themes stresses that life cannot be subdivided and separated in various compartments; life must be viewed holistically nothing exists in a vacuum. The Torah informs exactly what YHWH requires from us and where we stand before Him. If we keep His words then we will live free from diseases, our crops will grow bountifully, our women will give birth to many children, our armies will always prove victorious; in short, we will enjoy unprecedented national wealth and security (Ex. 23:20-28). The Torah is our foundation; we are a nation solely by virtue of the Torah - YHWH chose us to be a treasured possession (Ex. 19:5-6). He wants us to be a nation unlike any other, a model society centered on a commitment to Him; a light unto the nations - a holy nation. The prophets compare our relationship to YHWH and His Torah to that of a marriage; to be disloyal to YHWH and His Torah is tantamount to adultery. The Torah is His expression of love for His people. Our relationship with YHWH is not personal but interpersonal, for it depends upon our relationship with others. The ordinances, judgments, commandments, and laws of the Torah are intended for a socially-just society where compassion is paramount. Just as YHWH is a just and merciful God, then as His people we too must be just and merciful. YHWH wants His people united in love for Him and each other; this is the legacy of YHWH's Torah.
[1] The Hebrew word אָסוֹן, which I have translated as tragedy appears five times in the Miqra, inclusive of this passage, and is only used for the loss or potential loss of a child, see Gen. 42:4,38 and Gen. 44:29.
[2] In other words to the Temple where the glory of YHWH was present.
[3] אָבִיב - fresh ears of barley.
[4] The definition of ḥelev can be found in Leviticus 3:9-10. Ḥelev is therefore; i) The tail of the sheep (՚alya), ii) The fat that covers the innards i.e. intestines, iii) The fat that is about the innards, iv) The kidneys, v) The fat that is on the tendons of the kidneys, and vi) The protuberance on the liver.
[5] The meaning of the word צִרְעָה (ṣirՙa) is unsure some translate it has hornet others translate it as plague. Those who translate צִרְעָה as plague derive its meaning from the word צָרָעַת (ṣaraՙath) which is usually mistranslated as leprosy.
