​Parashat Mishpatim, 5786, 2026: "Of Mishpat and Mishpatim"

 
 Rabbi David Etengoff
 
ה' יעזור וירחם על אחינו כל בני ישראל בארץ ישראל ובכל חלקי הארץ
 
The word “mishpatim,” the namesake of our parasha and its singular form “mishpat,” is found many times throughout Chamishah Chumshei Torah. We encounter it first in Sefer Bereishit 18:18-19, wherein, Hashem describes the charismatic nature of Avraham Avinu, and his singular ability to pass down the masorah of our newborn faith-community:

And Avraham will become a great and powerful nation, and all the nations of the world will be blessed in him. For I have known him because he commands his sons and his household after him, that they should keep the way of Hashem to perform righteousness and justice (mishpat), in order that Hashem will bring upon Avraham that which He spoke concerning him. (This and all Bible and Rashi translations, The Judaica Press complete Tanach)
 
Mishpat in this passage clearly has the connotation of “justice.” We find this meaning, as well, in perhaps the most famous verse employing our term:

Far be it from You to do a thing such as this, to put to death the righteous with the wicked so that the righteous should be like the wicked. Far be it from You! Will the Judge of the entire earth not perform justice (mishpat)? (Sefer Bereishit 18:25)
 
Mishpat, it appears, is so fundamental to the fabric of Hashem’s Creation that even He must accede to its legitimate demands. Little wonder then, that we find mishpat employed in this manner within the description of His attributes of action: “The deeds of the [Mighty] Rock are perfect, for all His ways are mishpat; a faithful God, without injustice He is righteous and upright.” (Sefer Devarim 32:4, with my emendations for clarity)
 
Another meaning of “mishpat” and “mishpatim” is that of the category of rational laws, which had they not been stated, would have been naturally derived and set in to motion. As Talmud Bavli, Yoma 67b states: “Our Rabbis taught: ‘You should perform my mishpatim’ (Sefer Vayikra 18:4). These are matters that were they not actually written it is logical that they would have been.” In sum, mishpatim are laws that we could have derived on our own if left to our own devices. In this sense, they are “natural laws,” even though their obligatory status directly derives from Kabbalat HaTorah at Har Sinai.

Mishpat is also employed in reference to ultimate judgment or decision. This is reflected in the following pasuk:

You shall place the Urim and the Tummim into the breastplate of judgment so that they will be over Aaron’s heart when he comes before Hashem, and Aharon will carry the judgment of b’nai Yisrael over his heart before Hashem at all times. (Sefer Shemot 28:30, with my emendations)
 
The expression “the breastplate of judgment” appears in the original Hebrew as “choshen hamishpat” with the letter “heh” preceding the term “mishpat.” This means that this garment of the Kohane Gadol provided practical advice regarding various kinds of issues and revealed the ultimate judgment of the Almighty. This concept is beautifully portrayed by Rashi (1040-1105) in his glosses on Sefer Shemot 28:15 and 30:
​
a choshen of judgment: … Another interpretation: [The choshen is referred to as] judgment because it clarifies its words and its promise comes true, dere(s)nement in Old French, [meaning] a clear statement… But this one [use of the word מִֹשְפָט] serves as an expression of the clarification of words, [meaning] that it explains and clarifies its words. the judgment of the children of Israel: [that is, the solution of] the matter about which they [b’nai Yisrael] are judging and debating, whether or not to do something. (Emendations my own)
 
In sum, we find that the Torah utilizes the word “mishpat” and its plural form “mishpatim” in at least three different ways:

• Justice
• A logically determinable law that nonetheless was given to us directly by Hashem
• The ultimate judgment of our Creator

 
In all cases, we recognize these three different applications of our term as emanating from HaKadosh Baruch Hu. As such, they serve as a continuation of the commanding Voice we heard at Har Sinai. May we, our children, and our children’s children throughout all future generations be zocheh to hear and heed the Voice for evermore. V’chane yihi ratzon.
 
Shabbat Shalom
 
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