Mishpatim 5777 – Kosher Laws

There are three primary categories of Mitzvos in the Torah. One is referred to as Eidos-testimonials for miracles Hashem has done for us. There are also Chukim-statutes that no human being can fathom the reason behind them such as eating Kosher, or not wearing a mixture of wool and linen in one’s garment. The third category is called Mishpatim which are laws between man and his fellow such as the laws of not damaging, stealing etc.
Many people wonder: doesn’t every society create laws that govern interpersonal behaviors? Is there anything unique about those laws which are included in this week’s Parsha, Mishpatim?
We will offer two approaches. When a human being devises a justice system, as clever as it may be, it is a “hit or miss” approach. Laws which seem sound may end up causing more harm than good. For example, although it is logical that criminals should be kept off the streets, is it beneficial to corral them together with their fellow criminals in jail? Will this cause them to have a change of heart or will they sometimes become worse off with such dubious company?
The Torah laws between a man and his friend were written by Hashem himself who actually created man and is intimately familiar with all our inclinations and can prescribe exactly what action or consequence should befall to one who is deficient in any given area!
Another explanation is that manmade laws are solely for the purpose of allowing civilization to be able to function for without them there would be chaos and anarchy (admittedly a worthwhile endeavor).
In contrast, Torah laws are meant to refine a person and to help elevate his character. As an example: The Torah states that when one sees his enemy’s donkey staggering under his load, you shall surely help him. This has the benefit that when one is forced to work with his enemy he will end up reconciling with him on the job. One man says to his friend, “You go on that side and untie that rope and I”ll go here and do this and this…!” They will discover that the other guy isn’t so bad after all!
Similarly, the Torah states that when one lends someone money, don’t act with him as a creditor (i.e. don’t lord it over him and don’t humiliate him or pressure him to pay back. Rather let him do it at his own pace). Rabbi Chaim Soloveichik points out that although usually a borrower must hide from his creditor so as not to be put in a uncomfortable position, in the Torah’s view however, the lender must try to avoid the borrower so as not to cuase him humiliation!
Let us strive to fulfill all the Mitzvos in every category. Not only will civilization be able to continue but we will actually be granted eternal reward for every Mitzvah that we merit to perform!

By Rabbi Sharaga Thav
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