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Dear Mogen David Family,

Our parasha, immediately following the dramatic encounter with the Shechina at Har Sinai, transitions to discuss the 'Mishpatim.' Mishpatim are rational laws, also known as constitutional law--those MItzvot which appeal to man's reason. It makes sense to all citizens of free governments that there should be a law protecting personal property and forbidding theft. These are ethical norms meant for us to live in harmony with one another, and are similar in all free, democratic societies.

Interestingly, Parashat Mishpatim begins with a Vav Ha-Chibbur, "V'Eleh HaMishpatim," a grammatical anomaly to new sections of the Torah (21:1). Rashi, quoting the Mechilta, draws a sharp distinction between the usage of the word "Eleh," ('These', absent the 'vav') and the word "V'Eleh," ('And these...'). While the former cancels or ends the preceding section in the Torah, the latter ("V'Eleh") adds content to the previous parasha. Rashi explains: Mah HaRishonim MiSinai, Af Eilu MiSinai--just as the Laws of Revelation were given at Har Sinai, so too Rational Laws, the Mishpatim, were also given at Har Sinai.

This explanation of "V'Eleh" begs the obvious question: why would one presume the rational civil and criminal laws would not have been transmitted by Hashem at Har Sinai?

One could have thought that since the Mishpatim appeal to human reason and understanding, we do not need Hashem to reveal these Mitzvot to the world. What emerges is an ethical Torah whose laws are moral and good, not only when viewed through the cosmic, omniscient lens of HaKadosh Baruch Hu, but also through the eyes of human reasoning.

The Torah has always been our ethical guide, and will continue to be our source of distinguishing between right and wrong. May we be zoche to make decisions and understand the world Al Pi Derech HaTorah!

Shabbat Shalom,

Rabbi Yehuda Moses Rav HaKehillah/Senior Rabbi

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