Parshas Mishpatim - Kabbalas Ha-Torah

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February 12 2009
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Parshas Mishpatim is segmented in a quite unusual manner. The bulk of the parshah concerns itself with civil law (damages, transactions, family issues, etc.) and a few other mitzvos; the text concludes with a general exhortation to keep the Torah, followed by the formal acceptance of the Torah on the part of B’nei Yisroel.


The Ramban posits that the parshah should be understood chronologically. If so, why is the acceptance of the Torah found at the end of Parshas Mishpatim, rather than immediately after the Revelation at Sinai, which appears in Parshas Yisro? Why does Parshas Mishpatim seemingly interrupt the narrative of Kabbalas Ha-Torah, the Receiving of the Torah, which is featured in Parshas Yisro, by providing an extensive presentation of the mitzvos, most of which are civil laws, and then returning to the story of Kabbalas Ha-Torah at the end of the parshah?    

The Shulchan Aruch (Yoreh Deah 268, based on the Talmudic discussion in Tractate Yevamos) explains that a prospective ger (convert) is to be presented with samples of some of the heavier and lighter laws of the Torah prior to his conversion, and that a formal acceptance of Judaism in the presence of a beis din must occur in order for the conversion to be valid. Why are merely samples of Torah laws taught to a prospective ger? Must a prospective ger not first know the entire Torah in order to accept it upon himself?

The answer is that a prospective ger's learning experience is designed to make him fully conscious of his impending commitment to the Torah upon conversion. In order for his conversion to be legitimate, a prospective ger needs to be aware of the new lifestyle he will lead and have a mindset of the nature of his new obligations; this cognizance (“gemiras da’as”) enables a ger’s Kabbalas Mitzvos (Acceptance of the Mitzvos) to have halachic validity. Thus, a sampling of heavy and light Torah laws is studied in preparation for gerus (conversion) so as to create the requisite gemiras da’as. Once his conversion is completed, a ger can and should begin to learn the rest of the Torah.

B’nei Yisroel, who underwent a national gerus at Har Sinai, had departed Mitzrayim (Egypt) as freed slaves. Slaves have little or no concept of responsibility for property, monetary transactions and personal damages, as they are not in real control of money and property. As such, it was appropriate that the gerus of B’nei Yisroel place added focus on the civil laws, which comprise most of Parshas Mishpatim, as this area of Torah would be the starkest contrast to life as B’nei Yisroel knew it in Mitzrayim, and it was thus requisite for a conscious conversion, so that the newly-emancipated people would become aware of the lifestyle they were to enter upon formal geirus. The presentation of the Aseres Ha-Dibros (Ten Commandments) fulfilled the general rule that a ger must be taught a sampling of the basics of Torah; however, additional instruction was necessary in this case, as B’nei Yisroel had to become acquainted with the obligations of Torah from their perspective as former slaves, and the civil laws of Parshas Mishpatim served this end. It is for this reason that the first mitzvah presented in Parshas Mishpatim is that of Eved Irvi (the Jewish Servant), for the initial step in B’nei Yisroel’s new sense of awareness of their obligations as free people, who were just brought forth from slavery to Avodas Hashem (Service of God), was an appreciation of the distinction between their former and current status.


It is thus understood why, according to the Ramban, the laws of Parshas Mishpatim were presented smack in the middle of Kabbalas Ha-Torah, for the mitzvos of Parshas Mishpatim were taught and incorporated as an essential component of the elaborate geirus procedure of B’nei Yisroel at Har Sinai.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Eric Goldstein to mark the yahrtzeit of his mother Blanche Goldstein z”l, Etta Brana bat Yitzchak and in memory of Hindu & Pinchas Chaimovitz, Batya Gitel bat Moshe Aaron, Yosef Malachi Geudalia HY"D, Ben Zussman HY"D, and Oma Els z"l