Mishpatim is often called the civil code of the Jewish people. But it’s also a twin of the giving of the Torah last week. In fact, the way these two Parashiot are laid out signals that they are intertwined. There is a narrative section in the beginning of last week’s portion and there is again a narrative section at the end of this week. Those two stories could have gone together, as they both present scenes at the foot of Har Sinai. In between, there are laws which are laid out in different manners but they too are interconnected. As Rashi points out, that is what the Vav at the beginning of this Parasha does -- it conjoins them.
These two landmarks of law are clearly the culmination of the exodus. But what they are not is a sign that the Jewish people have reached the pinnacle of their journey. Although Moshe has reached the top of the mountain, they have not reached any final goal.
I receive two important Aliyot to the Torah during this book. They are both peak experiences, the song by the sea and the giving of the 10 statements. But that just gives me a front row seat to ensuing trouble. After the Jewish people leave the sea, they immediately complain that the water is bitter. And after the commandments come down, they ask Moshe Rabbenu to be their surrogate.
In fact, there is a decided quality in the book of Shemot of ups and downs. No high is sustained; it is usually closely followed by a drop off, sometimes a serious drop off. Commentators have noted that there is a distinct undeveloped nature to the nation. Progress cannot be sustained. Most prominently, there is a lack of national cohesion. They were described as completely united at the foot of Har Sinai, but that is quickly followed by division. This is clear as they emerge from Egypt. Even the Korbon Pesach (Passover offering) was enjoyed by families, a sign that they are still atomized. This continues into the desert as even the most dramatic experiences are followed by disintegration.
This stage of development is sharply delineated by a remarkable statement that takes place in an episode a couple of Parashiot ago. At Mei Meriva, when they fear they will die of thirst, they complain by saying
וַיֹּ֗אמֶר לָ֤מָּה זֶּה֙ הֶעֱלִיתָ֣נוּ מִמִּצְרַ֔יִם לְהָמִ֥ית אֹתִ֛י וְאֶת־בָּנַ֥י וְאֶת־מִקְנַ֖י בַּצָּמָֽא׃ “The nation said, ‘why have you brought us up from Egypt, to kill me, and my children, and my cattle of thirst.’”
The verse begins in the plural, as one would expect, but then it goes into the singular. This is the lack of unity or cohesion. Unfortunately, the only thing that improves the situation is the arrival of Amalek. At this stage of development, the only thing that can bring them together is a threat from the outside.
There has been horrible violence in Israel over the last few months. There have been many casualties, both in deaths and in injuries. There have also been very contentious disagreements as the role of the Supreme Court continues to be debated. We are hosting a talk this Tuesday night by an accomplished Israeli journalist, Gil Hoffman, about the new challenges of the new government. It gives everyone a chance to hear from someone who makes it his business to follow the story more closely.
These two aspects of national life are interconnected. One can see that the debates are tearing at the body politic. And one can see that only horrible attacks from the outside seem capable of uniting the country. Unfortunately, this seems to be the level of development at this point. If one looks at the tribal nature of Israeli politics, one sees divisions which will probably not change soon. They do not debate issues as much as they simply debate who gets to decide about issues.
Fortunately, of course, Israel is not defined by its politics. There are many aspects of national life which are more developed than its political institutions. We look forward to the time when even those institutions are run in a way that shows that they have caught up in maturity with the rest of the country, Bimheira Bimeinu.
Congregation Emek Beracha 4102 El Camino Real Palo Alto, CA 94306
