JTS Torah Commentary

How Can Humans Uphold Divine Justice?

Feb 9, 2024 By Caleb Brommer | Commentary | Mishpatim

In Parashat Mishpatim, the Ten Commandments are immediately followed by a more thoroughgoing account of the Israelite legal code. God, through Their intermediary Moshe, reveals some of the particularly sticky, tricky, and challenging cases of civil law. Mishpatim begins to answer the questions “What happens when human beings are slammed together in community? What happens when they disagree, make mistakes, and cause incidental or intentional harm? What happens when they kill each other?”

Talia Kaplan – Senior Sermon (’24)

Feb 7, 2024 By JTS Senior Sermon | Commentary | Senior Sermon | Mishpatim

Mishpatim All the Class of 2024 Senior Sermons

Why Does the Torah Care About Returning Lost Property?

Feb 17, 2023 By Yael Landman | Commentary | Mishpatim | Shabbat Shekalim

There is no obligation in the common law to retrieve someone’s lost property and return it. So why does the Torah make a point of establishing such a requirement? Why does the Torah specify that the owner of the lost animal is the finder’s enemy, and what is the scope of the finder’s responsibilities?

The Torah’s Creative Team

Jan 28, 2022 By David Shmidt Chapman | Commentary | Mishpatim

The metaphor of a playwright and director crafting a new play together can be applied to our parashah. The playscript God is developing is the set of mishpatim (rules), expanding on the Ten Commandments. God begins developing the “script” in a speech to Moses in Exodus 21:1: “And these are the rules that you shall set before them . . . ”

God’s Currency

Feb 12, 2021 By Gordon Tucker | Commentary | Mishpatim | Shabbat Shekalim

The arrival of Parashat Shekalim (plural of shekel) each year is what might be called the liturgical “rite of spring” in the Jewish tradition, signaling that Pesah is six–seven weeks away, and preparations (spiritual and physical) for the great festival are very soon to begin. This year, it will be observed on Rosh Hodesh Adar, when the weekly reading will be Parashat Mishpatim.

Mother’s Milk

Feb 21, 2020 By Marcus Mordecai Schwartz | Commentary | Mishpatim

In 1976 the Italian historian Carlo Ginzburg published a book called The Cheese and the Worms, an account and analysis of a 16th-century Inquisition trial. The defendant in this trial was a miller from the Friuli region of Italy named Menocchio. Among the heresies that he stood accused of was his apparent claim that the world came into existence through a process of putrefaction.

Opt-In Judaism

Feb 1, 2019 By Amy Kalmanofsky | Commentary | Mishpatim

“I’m gonna make him an offer he can’t refuse” may be the most well-known line of any movie. Spoken by Don Corleone to Johnny Fontane in The Godfather, it communicates the chilling reality of doing business with a mobster.

The Talmud suggests that God made a similar offer to Israel at Mount Sinai (BT Shabbat 88a). The Torah’s description that Israel stood under the mountain (תחתית ההר) to receive revelation in Exod 19:17, inspires the Rabbis to imagine God holding the mountain over the people—threatening them to accept the Torah . . . or else.

Kashrut and Refugees

Feb 9, 2018 By Julia Andelman | Commentary | Mishpatim

There’s an old joke based on the three appearances of the commandment “You shall not boil a kid in its mother’s milk”—the first being in this week’s parashah, Mishpatim (Exod. 23:19). The narrow prohibition against “eating the flesh of an animal together with the milk that was meant to sustain it” (Etz Hayim, 474) was expanded over time into a vast array of laws regarding the separation of all dairy and all meat.

Taking Care of Ourselves and the Stranger

Feb 24, 2017 By David Rosenn | Commentary | Mishpatim

This week’s Torah reading contains instructions for taking care of one’s own: “If you lend money to My people, to the poor among you, do not act toward them like a creditor; exact no interest from them” (Exod. 22:25).

Deuteronomy is even clearer, stating, “You shall not charge interest on loans to your countrymen, interest on money, interest on food, interest on anything that is lent for interest. But you may charge interest to a foreigner…” (23:20-21).

Expanding Our Understanding of the Religious Life

Feb 24, 2017 By David Hoffman | Commentary | Mishpatim

There is a strange—little spoken about—law that my mind, particularly over the last few months, keeps revisiting. The Talmud teaches that when one builds a synagogue or house of study the structure should preferably have windows (BT Berakhot 34b). Indeed, this idea is codified as law in the foundational legal code, the Shulhan Arukh (OH 90:2).

Knowing the Feelings of the Stranger

Feb 5, 2016 By Marc Gary | Commentary | Mishpatim

This week’s parashah comprises a multitude of ordinances, providing an embarrassment of riches upon which to comment. Capital punishment, abortion, workers’ rights—to name just a few of the issues suggested by the parashah—offer ample grist for the commentator’s mill. Yet in this political year, with all of its focus on immigration, refugees, and minority rights, it would seem almost churlish to avoid addressing one of the key themes of the Torah reading: the treatment of theger (stranger).

The Spirit and the Letter

Feb 5, 2016 By Yonatan Y. Brafman | Commentary | Mishpatim

After the heights of the revelation at Sinai, Parashat Mishpatim settles down to more mundane topics, including a lengthy discussion of torts. Perhaps motivated by this sudden change of altitude, Nahmanides interprets these details as expansions on the Ten Commandments, such as the prohibitions on coveting and theft: “For if a man does not know the laws of the house and field or other possessions, he might think that they belong to him and thus covet them and take them for himself”.

I Can’t Stand My Neighbor, but His Ox Needs a Hand

Feb 13, 2015 By Joel Alter | Commentary | Mishpatim

A rabbi and an astronomer have the middle and window seats on a long-haul flight while the fellow on the aisle is a champion sleeper. As neither of our sophisticated travelers is taking a stroll anytime soon, the astronomer begins to talk: “Tell me, rabbi. What, essentially, is Judaism for?” The rabbi thinks a bit, casting about for a reasonable response. He offers a few broad strokes and believes he’s done about as well as might be expected. The traveler responds, “All these rules and teachings and traditions, rabbi! Can’t it all be boiled down to ‘Be Nice?’” The rabbi nods and says, “All these galaxies and black holes and neutrinos and supernovas . . . professor, can’t it all be boiled down to ‘Twinkle, twinkle little star?’”

Law and Justice

Feb 13, 2015 By Martin Oppenheimer | Commentary | Mishpatim

As an attorney, I am fascinated by the code of civil and criminal law contained in Mishpatim. In Egypt, law was made by the Pharoah, who could unilaterally decide the fate of his subjects. All lives and property were forfeit at his whim—as his subjects learned during the course of the plagues, and when the Egyptian army was decimated at the Red Sea. Conversely, Mosaic law focuses on equality and social justice. The poor, the downtrodden, the stranger—even the man whose destitution forced him to sell himself into slavery—were required to be treated with dignity under the law.

Building Bridges

Jan 22, 2014 By Matthew Berkowitz | Commentary | Mishpatim

After legislating the multiplicity of laws in what has become known as Sefer Ha-Brit, the “Book of the Covenant,” Parashat Mishpatim concludes on a pessimistic note—a warning to the Israelites.

Defining a Moral and Just Society

Jan 22, 2014 By Judith Hauptman | Commentary | Mishpatim

Sometimes an article in the newspaper reminds you of something in the Torah and makes you think in new ways about verses you have read many times before.

Taking Time to Be There

Feb 6, 2013 By Lisa Gelber | Commentary | Mishpatim

Moses needs time to immerse himself in the law and his relationship with God. He needs to experience what it meant to climb this mountain, literally and figuratively. If he didn’t yet know that, God did.

The Curious Case of the Slave Who Refuses Freedom

Feb 5, 2013 By Matthew Berkowitz | Commentary | Mishpatim

Coming on the heels of the Revelation at Sinai, Parashat Mishpatim opens with laws concerning slaves.

Debtors to God

Feb 18, 2012 By Charlie Schwartz | Commentary | Text Study | Mishpatim

This week’s midrash provides a striking metaphor for the nature of our existence in the world. Like the destitute person who has given his only garment as collateral on a loan, we are often destitute in our moral stature. We make mistakes, error, and sin. According to the midrash, every evening God takes our souls as we sleep as collateral for the spiritual debts we owe. And every morning, in spite of our failings, our souls are returned to us.

Standing with Moses on the Mountaintop

Feb 18, 2012 By Arnold M. Eisen | Commentary | Mishpatim | Shabbat Shekalim

Readers of Mishpatim cannot fail to be struck by the contrast between the main body of the parashah and its conclusion. The former consists for the most part of rather dry case law, covering such things as goring oxen, robbery by day and by night, and release from indentured servitude. The end of the parashah could not be more different in subject and tone.