Beyond the Letter

Weekly Torah Lesson

Parasha: Mishpatim – judgments
Torah: Shemot 21:1 – 24:18

This Parasha contains thirty negative and twenty three positive of the 613 mitzvot found in the Torah.

Ex 20:1 “..These are the words…”
Ex 21:1 “And these are the judgments..that you shall set before..”

v’elle (and these) connect this week’s parsha with chapter 20.

The vast majority of the six hundred and thirteen “mitzvoth” (instructions) are defined by one of these three types.

This parsha contains fifty three mishpatim and help to bring an expanded understanding and directions concerning the “fulfillment” (living out) of the Torah in a human world bringing civility and kindness to our brothers and our neighbors.

“judgments” (mishpatim) logical instructions, within man’s reasoning to create.

“Testimonies” (edut) Within man’s logical understanding but only Avinu could create them.

“Statutes” (chukim) Not within man’s understanding, kept only by faith.

Observing Beyond The Letter

“”The first of the first fruits of your ground you shall bring into the house of Avinu Elohekah. “You shall not boil a kid in its mother’s milk.” (Ex 23:19 )

“The first of the first fruits of your ground you shall bring to the house of Avinu ?Elohekah. You shall not boil a kid in its mother’s milk.”” (Ex 34:26 )

“”You shall not eat anything that dies of itself; you may give it to the alien who is within your towns, that he may eat it, or you may sell it to a foreigner; for you are a people holy to Avinu Elohekah. “You shall not boil a kid in its mother’s milk.” (De 14:21 )

The first of these three prohibitions concerning “…boiling a kid in it’s mother’s milk..) appears in this week’s parsha. The fact that the prohibition is repeated three times brings a sense of importance to it’s proper observance. The original intent of the prohibition is obvious. Simply make sure that you don’t boil a young animal in it’s mother’s milk. It seems pretty remote that the majority of observant people would ever encounter the opportunity to obey this mitzvah. However, the more observant saw something different in these simple “words”.

Shaul wrote something interesting when applying a simple verse to help prove his “right” to be compensated for his “work”..

“1 Am I not an apostle? am I not free? have I not seen Yeshua HaMeshiach our Master? are ye not my work in the Master? 2 If I am not an apostle to others, yet doubtless I am to you: for ye are the seal of my apostleship in the Master. 3 ¶ My answer to them that examine me is this, 4 Have we no right to eat and to drink? 5 Have we no right to lead about a sister, a wife, as well as other apostles, and as the brethren of the Master, and Cephas? 6 Or I only and Barnabas, have we no right to forbear working? 7 Who goeth to war at any time at his own expense? who planteth a vineyard, and eateth not of its fruit? or who feedeth a flock, and eateth not of the milk of the flock? 8 Do I say these things as a man? or saith not the law the same also? 9 For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the grain. Doth Avinu take care for oxen? 10 Or saith he this altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. 11 If we have sown to you spiritual things, is it a great thing if we shall reap your carnal things? 12 If others are partakers of this right over you, are not we rather? Nevertheless we have not used this right; but endure all things, lest we should hinder the gospel of Meshiach. 13 Do ye not know that they who minister about holy things live from the things of the temple? and they who wait at the altar are partakers with the altar? 14 Even so hath the Master ordained that they who preach the gospel should live by the gospel. 15 ¶ But I have used none of these things: neither have I written these things, that it should be so done to me: for it were better for me to die, than that any man should make my glorying void. 16 For though I preach the gospel, I have nothing to boast of: for necessity is laid upon me; and, woe is to me, if I preach not the gospel! 17 For if I do this thing willingly, I have a reward: but if against my will, a dispensation of the gospel is committed to me. 18 What is my reward then? Verily that, when I preach the gospel, I may make the gospel of Meshiach without charge, that I may not abuse my right in the gospel.” (1Co 9:1-18 )

The simple verse, “Thou shalt not muzzle the ox when he treadeth out the grain.” (De 25:4 ), was used as a foundational text to justify Shaul’s understanding that religious leaders should be compensated. Now, using the same application to the prior verses, the early sages developed a whole body of prohibitions concerning the eating of meat and milk together. Their basic approach is, “This is the way that we can “observe” this mitzvah”. Based on how Shaul used his verse to “prove” the validity of his position, the early sages application has validity as well.

The depth of our observance of the sage’s prohibitions falls under the verse:

“12 Therefore, my beloved, as ye have always obeyed, not as in my presence only, but now much more in my absence, work out your own salvation with fear and trembling. 13 For it is Avinu who worketh in you both to will and to do of his good pleasure.” (Php 2:12-13 )

Consider this: Is the observance of the sages “meat and milk” prohibitions an “unprovable” set of holokot or is it an opportunity to observe a mitzvah that we otherwise might not have had an opportunity to observe? Cooking a young animal in its mother’s milk is an act of consummate cruelty. The Torah therefore forbids us not only to cook a young animal in its mother’s milk, but to cook any animal in any other animal’s milk, to eat such a mixture, or even to derive any other benefit from it. We see here what extremes the Torah goes to in forbidding cruelty towards animals. The precautions the Torah takes to distance us from causing or in some cases not relieving suffering in helpless animals. Here is another example in the same parsha:

““If you see the donkey of one who hates you lying under its burden, and you would refrain from helping it, you shall surely help him with it.” (Ex 23:5)

What are your thoughts?

i.e. “Don’t add insult to injury”

i.e. “It’s bad enough that you hit your husband on the head with a golf club but did you have to use his favorite putter?”