ואלה המשפטים אשר תשים לפניהם these are the laws which you should set before them. The letter vov which means "and" that precedes the word ,משפטים conveys that משפטים is somehow connected to what was stated previously. Chazal say that the parsha Yisro ends with the building of the mizbaich and therefore the Mishpatim are linked with it as well. Chazal say (Rashi) that the message of connection between the two is that the Sanhedrin Court that deals with these enumerated Mishpatim in this parsha are to be located in the Beis Hamikdash's courtyard next to the Mizbaich. We have yet to explain what is the inner connection between the two?
The first mitzvah listed in the parsha is the law of a Jewish Slave that stole and was convicted of his crime but had no money to pay back. He is sold by Beis Din to another Jew and must work for him in order to pay his debt. The Meforshim ask why was this mitzvah chosen over so many other Mishpatim mitzvos as the first to be listed?
The first passuk says "these are the laws which you should place לפניהם before them". What does this word seem to imply when it could have written simply םהל to them? Rashi says that it comes to teach us that one is not allowed to go to a gentile court even if they also agree legally with the din of the Torah. Why not if the outcome is the same?
Let us first analyze another passuk in this week's parsha which will serve as a foundation to our explanation. In Makkos 10b on the passuk (Shmos 21,13) והאלקים אנה לידו Chazal say
פש אחד הרג בשוגג ואחד הרג במזיד לזה אין עדים ולזה ðי אדם שהרגו את הðי בðבמה הכתוב מדבר בש םלוסב דרוי גגושב גרהש הזו םלוסה תחת בשוי דיזמב גרהש הז דחא קדðן לפוðאין עדים הקב"ה מזמי הלוג גגושב גרהש הזו גרהðפל עליו והרגו זה שהרג במזיד ðו
If a person did not ambush another and accidentally killed him, it was Hashem who orchestrated it to happen to him, then I will make for you to make a place to find refuge. This passuk is talking of two individuals, one killed another person by accident שוגג and the other killed intentionally מזיד. Both killings were without witnesses and therefore they are free from a Beis Din's punishment. Nevertheless, Hashem orchestrates each one to receive fitting punishment for their deeds. The accidental killer slipped from a roof and killed the intentional killer who was standing on the ground with witnesses. The accidental killer receives his punishment that he must dwell in the refuge city, and the intentional murderer is dead which his due punishment for his murder. In this fashion Hashem facilitated that both individuals will attain their tikkun.
The passuk says אלקים נצב בעדת אל (Tehillim 82,1) that when Beis Din sits to judge a case, Hashem's presence is with them. Let us take the following scenario. You are the plaintiff in a case and you know 1000% that the deal you made with the defendant was not kept on his side. You already paid him for the job and he denies that he didn't fulfilled his oigation and that you are fabricating the facts. Beis Din paskins in his favor and he is keeping your money. You wonder that if Hashem is present how could He allow the defendant to keep your money when his claim was an absolute lie. The judges are not corrupt individuals but known to be tzadikim. Where is the justice?
The sefarim tell us that when such a scenario occurs, it is probably a case of a gilgul neshamos a reincarnation of souls. This means that in another life time you caused a monetary loss to the defendant and you failed to pay him for it. You left that life without a tikkun. Hashem brought both of you back in this lifetime in this scenario in order for you to make a tikkun and pay off the exact amount of your old debt. Otherwise, you might never get the Olam Habah that is waiting for you. Of course one can be fatuous and say what a bother and schlepp to come back again to this world, to be born again and struggle through infancy, childhood, homework, being a teenager adulthood and marriage, just to pay back a few hundred dollars! But look again how precious it must mean for Hashem to orchestrate for you a tikkun by reincarnation. Hashem realizes with utmost clarity the eternal ramifications of a fraction of a degree lower quality residency in Olam Haba. He is therefore extremely happy for you to go through this because He is a מטיב . and you don't even have the slightest idea about the levels that lie awaiting as your destiny.
Now we are ready to answer our previous questions. The Zohar on the passuk םיטפשמה הלאו translates ון סדורין דגלגðאלין אי לו That this is the seder of gilgulim. This is to let us know that sometimes when the psak of Beis Din might appear incorrect to you, it is because a tikkun and kapparah must take place which Hashem now orchestrated. That is exactly the reason that one must always go to a Torah Court for a judgement even though the goyish one holds of the same justice. It is because אלקים נצב בעדת קל and being so He can make the outcome of the judges to bring about a tikkun nefashos from a previous life and perversion of justice. In a goyish court without His presence such a tikkun will not take place.
This is also the connection to the previous parsha of the mizbaiach. The mizbaiach is the place where one receives kapparah for his actions. So when a final judgement of Beis Din doesn't fit right with your knowledge of the case, one could assume that a tikkun of a previous monetary loss took place and this present seemingly wrong payback is a kapparah for a previous event which was never dealt with properly.
This interpretation answers why the Torah used the word לפניהם which means before them. It is not only describing the judges but also a time in history. It is conveying that the Mishpat at hand involves an episode that occurred before their present lifetime and Divine intervention is now bringing the opportunity of kaparah to the one who seemingly was dealt with a wrong judgement not in his favor. This is what the passuk hints to when it writes אשר תשים לפניהם that the fixing of לפניהם is an אשר experience that deserves ecstatic feelings of jubilation that your Olam Habah will not be downgraded due to your failure to fix what you wronged.
Now we can address why the mitzvah of Eved Ivri was the first mitzvah in Mishpatim of this parsha. The Medrash (Shmos Rabba 30,12) says that the Eved Ivrei stole and cannot pay back and is sold until the debt is gone. This is how it looks to the naked eye. However, there is Divine intervention that caused him to steal which left him no choice but to sell himself as a slave. His history was replete with aveiros and the way to have a tikkun for this is הנא םיקלא בידו the same process as the שוגג ומזיד killers without witnesses (see Rambam Mishnayos Berachos at the end). This process parallels the judgement which stems from Gilgul which is also Hashem's intervening in one's court case in order to bring about a tikkun of a distant past life, לפניהם, that has yet to be fixed. This is what the passuk hints to when it writes אשר םישת לפניהם that the fixing of לפניהם is an אשר experience that deserves ecstatic feelings of jubilation.
In the same theme, we can suggest another interpretation why the Eved Ivri, who is sold into slavery due to his inability to pay for his stealing, is mentioned first. This mitzvah reflects the Mechiras Yosef. The brothers (stole) kidnapped Yosef and sold him to Mitzrayim as a slave, so they too the Bnei Yisrael were sold out as a slave to Mitzrayim because of their kidnapping of Yosef. Here too, we find Divine Intervention from previous generations that made it all happen. As it states in Medrash Tanchuma Vaeishev 4
תנותכ ול השעש ןמגרא לש ןושל י"ע םהיבא בהא ותוא יכ ויחא ואריו ףסויב רמוא אוה ןכו ליבשב םינידמ 'מ םילאעמשי 'י םירחוס 'ס רפיטופ 'פ םיספ תואנוא 'ד וילע בתכנ םיספ תריזג םייקל שקבמ ה"בקה היה ןדוי ר"או םירצמל דריל םיטבשה לכל םרג םיספ תנותכ ורכמיו ויחא והואנשיו ףסוי תא בקעי בהאיש ידכ ולא םירבד לכל הלילע איבהו עדת עודי םיטבשה םע דריו םירצמב יח ףסויש בקעי עמשיו םירצמל והודירויו םילאעמשיל ותוא םיטבשהו ויבא תא דירוה אלא דרוה ירקת לא המירצמ דרוה ףסויו יוה םש ודבעתשיו למצרים א"ר תנחומא למה"ד לפרה שמבקשין ליתן עול בצוארה ןמ לועה תענומ איהו שורחל וב ןישקבמש םוקמ ותואל התוא וכשמו הירחאמ הנב תא ולטנ ושע המ הראוצ ה"בקה ךכ הנב ליבשב התבוטב אלש הכלה העוג הנב הרפה העמש העוג לגעה היהו וערפו םירצמל ודריו םירבדה ולא לכל הלילע איבהו עדת עודי תריזג םייקל שקבמ היה את השטר לכך נאמר ויוסף הורד מצרימה הוי נורא עליל ה
Hashem caused a libel to happen between Yosef and his brothers in order to fulfill the Bris Bein Habesarim with Avraham Avinu.
Part of the emunah in Hashem of אין עוד מלבדו is the belief that Hashem is always working behind the scenes לתקן עולם במלכות שקי what one sees is not always what you get. Many times what you get is what you can't see or remember.
Gut Shabbos,
Rav Brazil
