The mitzvot of Mishpatim

The commandment of the law of a Hebrew slave

Positive · Exodus 21:2

God wanted His people Israel to be a holy nation, crowned with every good trait, for through this blessing rests upon them. Kindness and mercy are among the most praiseworthy traits in the world, so He commanded us to have mercy on whoever is under our hand and to treat him with kindness.

The commandment of designation of a Hebrew bondwoman

Positive · Exodus 21:8

God had mercy on the poor girl who was sold and on her father who was forced to sell her, and so He commanded the buyer to take her as his wife and make her a lady of the house. If he does not want her for himself, he should marry her to his son, or help her go free, and not keep her until the end of the term merely because her work pleases him. All this is from God's kindness to His creatures and from His exalted ways.

The commandment of redemption of a Hebrew bondwoman

Positive · Exodus 21:8

The root of this mitzvah is as with the mitzvah of designation - God's mercy on the poor girl who was sold and on her father who was forced to sell her. So the buyer is required to help her be redeemed and go free, and not keep her under his hand merely because her work suits him.

That the one who acquires the Hebrew bondwoman from the father not sell her

Negative · Exodus 21:8

God wished to bring us merit, and so He commanded us to act with compassion, a trait beloved before Him. A girl already sold once out of poverty shall not be sold again from hand to hand.

Not to reduce her flesh, covering and time period

Negative · Exodus 21:9

The Sefer HaChinuch gives no separate root here, but he draws an a fortiori argument from the mitzvah - if one may not diminish the food, clothing and marital rights of a maidservant acquired for money, all the more so may these not be diminished for any daughter of Israel. It continues God's mercy on the poor girl, spoken of in the mitzvah of designation.

The commandment on the court to kill with strangulation one who is liable

Positive · Exodus 21:12

The root of this mitzvah is plain to all, as it is said that by justice a king establishes the land - were it not for fear of judgment, people would kill one another. In His wisdom God determined that some transgressions are punished by strangulation, which is a swift death, and not by stoning or burning, which involve great suffering.

Not to strike father and mother

Negative · Exodus 21:15

The mitzvah comes to discipline the base people who raise a hand against those who, by God's will, brought them into the world and did them much good. This is grave ingratitude, and society cannot stand without justice that guards this order, as it is said that by justice a king establishes the land.

The commandment of the laws of penalties

Positive · Exodus 21:18

The Sefer HaChinuch writes that there is no need to search for the reason behind the Torah's laws of justice, for the matter is understood by reason. If there is no justice, people cannot live together and endure side by side, and the world cannot stand without justice.

The commandment on the court to kill with the sword one who is liable

Positive · Exodus 21:20

God wished to uproot wickedness of heart and cruelty from His holy people. So one whose anger overcame him until he struck his servant dead - a servant living in his house with no one to save him - is sentenced to death. And although the servant was acquired with his money and he himself lost his property by the death, that does not exempt him, for he let his anger rule him to such a degree.

The commandment on the court to judge the damages of an animal

Positive · Exodus 21:28

All the mitzvot of justice in the Torah share one root, and it is understood by reason - without justice society cannot endure. When a person's animal damages his fellow, the court determines who is liable and for how much, and so everyone learns to guard what is in his charge so that it does no harm to others.

Not to eat from the meat of an ox that was stoned

Negative · Exodus 21:28

The mitzvah comes to fix in our minds that one through whom harm has come is distanced and repugnant in the eyes of God and man, even when unintentional, like the animal that has no understanding, and all the more so one who does it deliberately. When we reflect on this, we learn to be very careful in all our deeds, so that harm never comes from our hands.

The commandment on the court to judge the damages of a pit

Positive · Exodus 21:33

The root of this mitzvah is the root of all the laws of justice - the world cannot endure without justice. One who dug a pit or left it uncovered is the owner of the hazard, and the law teaches every person to take care that no harm is caused from within his domain.

The commandment on the court to judge a thief with repayment or the death penalty

Positive · Exodus 21:37

The root of the mitzvah of justice is well known - without justice people cannot live together. When the thief is required to return what he took and pay for it, every person's property is protected and society is guarded from lawlessness.

The commandment on the court to judge concerning damages of destruction

Positive · Exodus 22:4

The root of the mitzvah of justice is well known, and it is the root of all the laws of damages. Even when the damage happens in passing, when an animal grazes in another's field and eats his crop, the court holds its owner liable, so that everyone guards what is his and does not harm his neighbour's property.

The commandment on the court to judge damages from fire

Positive · Exodus 22:5

Its root is well known, as with the other laws of justice - the world does not endure without law. And fire, though it is not a living creature, tends to spread by itself, so a person must guard his embers so that they do not go out and harm his fellow.

The commandment on the court to judge the case of an unpaid guardian

Positive · Exodus 22:6

The root of this mitzvah is well known, like the root of all the laws of justice. One who agreed to guard an object without payment has done his fellow a kindness, and the Torah set the limits of his responsibility justly, so that both the depositor and the guardian can rely on the law.

The commandment on the court to judge the case of a plaintiff and a defendant

Positive · Exodus 22:8

The root of these laws is well known - without justice there is no peace between people. When one person sues another and the other denies it, the court decides between them, so quarrels do not go on forever and the truth comes to light.

The commandment on the court to judge the case of one who takes a wage and of a renter

Positive · Exodus 22:9

The root of these laws is well known, like the root of all the mitzvot of justice. One who takes payment for guarding, and one who rents an object or an animal from his fellow, need to know exactly how far their responsibility extends, and a fixed law prevents disputes and preserves trust between people.

The commandment to judge the case of the borrower

Positive · Exodus 22:13

The law of the borrower too is part of the mitzvot of justice, without which society cannot endure. The Torah holds the borrower liable even for accidents, because he benefits from the object for free and the whole responsibility is his, like one who borrows money, who is not released from the debt by claiming it was beyond his control. But if the owner was with him at the time of borrowing, the borrower is exempt, for then the owner himself is guarding what is his.

The commandment on the court to judge the case of a seducer

Positive · Exodus 22:15

The root of this law is well known, like the root of all the laws of justice. One should not wonder that the fine is fixed and the same for all, rich and poor alike, for it is only one part of the payment. Besides it, the man must also pay for the shame and the harm, according to the young woman's standing and dignity, and all of God's mitzvot are true.

To not keep a witch alive

Negative · Exodus 22:17

Sorcery is a very evil thing that causes people many harms. God wishes the world to run by the natural order He set in it at creation, in which every thing has a force appointed over it from above, and the sorcerer tries to change this order and cancel the appointed forces for a time. So we were commanded to remove from the world one who engages in this, and even to keep far from ourselves any wish to alter God's perfect works.

To not oppress the convert with words

Negative · Exodus 22:20

The convert has no kinsmen or family among us to demand redress for his humiliation, which is why it is so easy to hurt him, and there is also the fear that insults will drive him from the path he chose. The mitzvah comes to subdue our inclination, so that we do not do harm merely because we have the power to do it. Through such safeguards we acquire a precious soul adorned with good traits, worthy of receiving the good that God wishes to bestow on us.

To not oppress the convert regarding money

Negative · Exodus 22:20

The root of this mitzvah is as with wronging the convert with words. The convert lives among us with no helper and no family to stand by him, so the Torah added a special warning about him in business dealings too, to subdue our inclination so that we do not exploit his weakness, and so that we acquire a refined soul adorned with good traits.

To not abuse the orphan and the widow

Negative · Exodus 22:21

Like the convert, the orphan and the widow are weak, and they have no one to plead for them with all his strength, as the husband or father would have done had he been alive. So the Torah commanded us to acquire in our souls the trait of kindness and mercy, and to deal with them as uprightly as if a powerful advocate stood facing us. And even more, we must pity them and seek their benefit in every matter more than we would if their father or her husband were still living.

The commandment of lending to the poor person

Positive · Exodus 22:24

God wanted His creatures to be trained in the trait of kindness and compassion, a praiseworthy trait, so that they become worthy of receiving His goodness, for blessing rests upon the good. God could have supplied the poor man's needs without us, but in His kindness He made us His messengers, in order to give us merit.

That we not demand the debt of a poor person that does not have with what to pay

Negative · Exodus 22:24

The mitzvah is meant to fix in us the trait of kindness and compassion. When these traits are rooted in us, we become worthy of receiving good, and God's will to do good to us in this world and in the world to come is fulfilled.

That we not give a hand between the borrower and the creditor with interest

Negative · Exodus 22:24

The good God desires the well-being of the people He chose, so He removed from their path a stumbling block by which one person swallows up his fellow's wealth without his noticing, until his house is emptied of everything good - that is the way of interest, which is why it is called neshech, a bite. And when the guarantor, the scribe and the witnesses also refuse to take part in such a loan, people will keep away from it altogether.

To not curse the judge

Negative · Exodus 22:27

The mitzvah removes from the judges the fear of the accused and of his curse, so that they bring the judgment out in truth. Moreover, the crowd in its folly tends to hate the judge, and were it permitted to curse him, the curses would stir people to rise against him, for what people say they end up doing. Yet it is the judge who establishes the land through justice.

The negative commandment of "blessing" the Name

Negative · Exodus 22:27

Speech is what sets man apart from the animals; through it he became human. One who curses God uses that very power to set himself apart for evil - he is emptied of all good and sinks even below the beasts. The good God desires our good, so the Torah warned us against any speech that holds back good from us.

To not curse a chieftain

Negative · Exodus 22:27

People differ in their opinions and will never all agree on one thing, and without a head whose view is accepted every undertaking would come to nothing. Even if the leader's counsel is not always successful, that is far better than strife. So it is right not to slight the honour of one who has been set at the head, in Torah or in government, and not to curse him even in his absence, for a bad habit a person practises in private ends up as deed and strife.

To not skip in the laws of produce

Negative · Exodus 22:28

When things are done in their proper order there is no confusion or error in them, and when they are not, error is always present. Terumot and tithes are a great matter in upholding the faith, so God commanded us to take great care with them, so that we never come to err in reckoning them.

To not eat a torn animal

Negative · Exodus 22:30

The body is the instrument of the soul, through which it does its work, like tongs in a smith's hand - when the tongs are strong, the vessels come out well. Any damage to the body impairs the working of the intellect, so the Torah kept us away from whatever harms it, and in the plain sense this is the reason for all forbidden foods. And if the harm of some of them is unknown to us and to physicians, let us not wonder, for the faithful Physician who warned us about them is wiser than all, and the reason was hidden precisely so that would-be sages would not come and claim the prohibition does not apply to them.

To not hear the claim of a litigant when it is not in front of his fellow litigant

Negative · Exodus 23:1

Falsehood is loathsome in everyone's eyes, for God is a God of truth, and blessing rests only on those who resemble Him in their deeds - truthful as He is truth, merciful as He is merciful. So the Torah commanded us to keep far from a false matter, using a language of distance it uses in no other warning. And from that distance we were commanded not to lend an ear at all to anything that may be false, even when we do not know for certain that it is.

Not to have a sinner testify

Negative · Exodus 23:1

The root of this mitzvah is plain - one who has no pity on himself and does not refrain from his evil deeds will have no pity on others either. Therefore it is not right to trust his testimony.

Not to incline after the many in capital punishments because of one

Negative · Exodus 23:2

We were commanded to resemble God's ways in our deeds, and one of His ways is that He is abundant in kindness, that is, He deals with people beyond the strict letter of the law. So too in capital cases the side of acquittal must outweigh the side of guilt, for a life that is lost can never be made good.

That the one who advocated innocence at the beginning of capital cases not advocate guilt

Negative · Exodus 23:2

The mitzvah ensures that each judge understands the case by his own mind and does not simply follow his colleagues, for otherwise the whole judgment might at times rest on the opinion of one man, and God did not wish to hand a capital case to the judgment of an individual. All this care in capital cases comes from God's compassion for His creatures, like a father who has compassion on his children. It is like a father who built a city for his children and decreed that a murderer be put to death so that the city could endure - when one of them breaks the decree, he searches for every way to acquit him, and only when there is no way at all does he order his death, to preserve the rest.

The commandment of inclining towards the many

Positive · Exodus 23:2

Had we been commanded to keep the Torah as each person understands its truth, every individual would act by his own opinion, and the Torah would become many Torahs. But since we were commanded to accept the view of the majority of the sages, there is one Torah for all of us, and this is our great strength in it. When we act by their word we fulfil God's command, and even if the sages should sometimes err, heaven forbid, the responsibility is theirs and not ours.

To not have mercy upon a poor person in his case

Negative · Exodus 23:3

The root of this mitzvah is well known - reason itself testifies that treating rich and poor equally in judgment is right and proper. Therefore the judge may not find for the poor man out of pity, even if he thinks that this way he would support him with dignity, for compassion has no place in the verdict.

The commandment of removing a burden

Positive · Exodus 23:5

The mitzvah teaches our souls the trait of compassion, which is a praiseworthy trait. We are obliged to have compassion not only on a person who suffers in his body but also on one who is about to lose his property, and it is right that we save him.

To not tip the judgment of an evildoer

Negative · Exodus 23:6

Equal justice for every person is something reason demands. Even when one of the litigants is known to be wicked, the judge may not tilt the judgment against him on that account, for judging his wickedness belongs to God and not to him.

To not conclude the judgment by estimation

Negative · Exodus 23:7

Had the Torah permitted punishment on the basis of a likely possibility, we would sometimes come to punish on the basis of a remote one too, until people were put to death for what they did not do, for possibility is very wide. So God closed this gate and commanded that no one be put to death except on the word of witnesses who saw the deed with their own eyes.

To not take a bribe

Negative · Exodus 23:8

We are forbidden to take a bribe even to judge a case truly, in order to keep the bad habit far from us. One who grows used to accepting a bribe for a true judgment may come to give false judgments for a bribe, and the matter is clear and needs no proof.

The commandment of the releasing of lands

Positive · Exodus 23:11

The Sabbatical year engraves on our hearts that the world was created - just as God created in six days and rested on the seventh, so we count six years and rest in the seventh, and so the matter never leaves our sight. Making the produce ownerless reminds a person that the land does not yield its fruit by its own power, for there is a Master over it and over its owners. It also instils generosity and adds trust in God, for one who gives up the whole yield of his inheritance for a full year will never be gripped by stinginess.

The commandment to rest on Shabbat

Positive · Exodus 23:12

Shabbat is meant to free us from our affairs in honour of the day and to fix in our souls the belief that the world was created, the rope that draws along all the foundations of the faith. When the whole people rests on one day each week and someone asks why, the answer is that in six days God made heaven and earth, and so the true faith is strengthened. Shabbat is also a remembrance of the Exodus, for there we were slaves and could not rest when we wished, and God redeemed us and commanded us to rest on the seventh day.

To not swear by idolatry

Negative · Exodus 23:13

The mitzvah is meant to keep every trace of idolatry far from us, in deed and in speech, until its memory never rises in our hearts. The sages observed that the Torah warns against it again and again, in forty-four places, so loathsome is it.

To not entice the Children of Israel towards idolatry

Negative · Exodus 23:13

Concerning the many safeguards around idolatry, the Sefer HaChinuch explains that they are not for the sake of God's honour, for His honour is neither increased nor diminished by what people worship. The safeguards are for man's own good - one who cuts himself off from faith in God and follows emptiness moves away from every bound of goodness, and so is not fit for any blessing. And when the Torah calls God jealous, it speaks in human language, so that the matter will enter the listener's ear.

The commandment of celebration on the festivals

Positive · Exodus 23:14

It is not fitting to come before God empty-handed, and although in truth He needs nothing from us, in the image of our thoughts we see ourselves as standing before Him. Souls in the place of the Temple are closer to the good than anywhere else, and the light of the King's countenance shines on them there. So it is fitting to bring an offering at that time, for through the act of the offering the soul is made ready to receive good and rises higher and higher.

That we not slaughter the lamb of the Pesach offering on the fourteenth of Nissan while chamets is still in our possession

Negative · Exodus 23:18

A fixed time and order is what sustains any undertaking, as everyone knows. Pesach is a great matter in upholding the faith, so God commanded that every detail of it be done in order and in its time, and that no mitzvah of the festival encroach on the bounds of another. Therefore we were commanded first to remove the chametz, loathsome to us at that hour, and only afterwards to begin the Pesach offering, which is the start of the festival's joy.

To not leave the entrails of the Pesach sacrifice to stay overnight

Negative · Exodus 23:18

The honour of an offering is to bring it at its appointed time. One who delays it and lets its time pass seems to have given up on it and cast the matter behind his back, not directing his heart properly to the service, and so the offering is disqualified.

The commandment of bringing the first fruits

Positive · Exodus 23:19

The mitzvah is meant to set God above our chief joy, so that we remember and know that all the blessings in the world come to us from Him. So we were commanded to bring the first fruit ripening on the trees to the servants of His House, and through remembering, accepting His kingship and acknowledging before Him that the fruit and all good come from Him, we become worthy of blessing and our fruit is blessed.

To not cook meat in milk

Negative · Exodus 23:19

It seems the reason for the prohibition resembles the reason for sorcery - God gave everything in the world its own nature, and certain mixings of kinds were forbidden to us, for they have the power to alter the order of creation and their outcome is harmful to people. A proof is that the Torah forbade the cooking itself and any benefit, not just the eating, meaning that the prohibition stems from the mixing and not from harm in the food. The Sefer HaChinuch itself admits that this is said with difficulty, and that the reason must still be learned from those who hold the tradition.

To not make a covenant with the seven nations and likewise with any worshiper of idolatry

Negative · Exodus 23:32

The mitzvah is meant to rid the world of idolatry and all who serve it. The seven nations were the root and first foundation of idolatry, so they were uprooted from their land and we were commanded not to make a covenant with them, so that we would not learn from their deeds. And from this we learn not to make a covenant with other idol worshippers either.

To not have worshipers of idols dwell in our Land

Negative · Exodus 23:33

The root of this mitzvah is stated in the verse itself - that we not learn from the unbelief of idol worshippers. One who lives among us with ways foreign to us may influence us, so they are not to dwell in our land as long as they have not abandoned their worship.