Mishpatim 2022

1Bar Kapara said, “How do we know that a judge should be patient in rendering judgements? The Torah placed the laws of justice immediately after the rules associated with the Altar. Just as one must walk upon the Altar slowly and carefully, “And you may not rush onto the Altar” (Ex 20:23) so must one be patient when adjudicating and rendering a verdict in a court of law.” Rabbi Eliezer said, “How do we know not to step upon the heads of the people? (students would be on the ground and the teacher would step over them or between them giving the appearance of stepping on them). The Torah places the laws of the court juxtaposed to the laws of the Altar. Just as the Kohen is not permitted to trample over the stones of the Altar (ibid) so is one prohibited from stepping over students (people are certainly more sensitive than are stones).” (Sanhedrin 7B) How do we know that the (supreme) court (Sanhedrin Hagedolah) is immediately adjacent to the Altar in the Holy Temple? It is because their two laws are next to each other in the Torah. (Rashi ibid)

2The above mentioned three rulings emanate from the same source idea. The Torah requires that the powerful need humility and empathy with the communities under their leadership. Just like the Kohen respects the stones and acts with modesty and humility (not running or exposing his self) so must the Judge act towards the people. The court is physically located next to the Altar. The two groups must respect one another. The Kohen must respect the teachings and rulings of the court and the court must respect the ancient traditions of the family of Aaron. The exercise of patience in the courtroom actually will result in the litigants respecting the courts and its rulings. The judges, having thought long and hard before issuing their ruling demonstrates the respect and care for the truth.

3The holy Altar was a place of dignity and of humility. In our day the dinner table serves as a replacement for the Altar that we lost. The custom of covering the knife on the dinner table is based on the prohibition to use metal in the construction of thre Altar. The salt on the table reminds us of the requirement to place salt on the Altar. The Talmud teaches us that the family table atones for our misdeeds much like the Altar was a vehicle for atonement. The “Mishpat/Mizbeach” connection is important on another level as well. The Altar represents God’s attribute of Mercy, “Midat Harachamim”. So, lest you think that the quality of mercy has no place in the courtroom “Ein Rachamim Ba-din”, the Torah teaches by juxtaposing the two Parshiyot that compromise and peace are an important part of the judicial system.

4To summarize, the Torah directs the court system to be imbued with the lessons learned from the Holy Altar; humility, modesty, patience, respect and decency. One positive result will be that God’s presence will return to our nation and we will once again inherit the Holy Altar. This is the meaning of the blessing in the Shmoneh Esreh, “Bring back our Judges as the Judges of old etc.”. May it be God’s will that blessing be fulfilled speedily and in our day.

5Dedicated to the memory of Joel Shulman A’H