Comentário sobre Êxodo 21:1

ואלה המשפטים NOW THESE ARE THE JUDGMENTS — Wherever אלה, “these are”, is used it cuts off (פוסל) the preceding section from that which it introduces; where, however, ואלה “and these” is used it adds something to the former subject (i. e. forms a continuation of it). So also here: “And these are the judgments (i. e. these, also)”: What is the case with the former commandments (the עשרת הדברות)? They were given at Sinai! So these, too, were given at Sinai! (Mekhilta d'Rabbi Yishmael 21:1:1; Shemot Rabbah 30:3; cf. also Midrash Tanchuma, Mishpatim 3) If this be so, why is this section dealing with the “civil laws” placed immediately after that commanding the making of the altar? To tell you that you should seat (i. e. provide quarters for) the Sanhedrin in the vicinity of the Temple.

AND THESE ARE THE ORDINANCES WHICH THOU SHALT SET BEFORE THEM. The reason [why this whole section dealing with mishpatim — civil laws — is placed here, rather than being placed after the chukim — statutes — as is the order in the commandments given at Marah],¹Above, 15:25: There He made for them ‘chock’ (a statute) ‘umishpat’ (and an ordinance). The “statutes” are the precepts for which the reasons are generally unknown. See Vol. I, p. 331. is that G-d wanted to explain to them first the civil laws. Thus we find that the first of the Ten Commandments dealt with the obligation of knowing of the existence of G-d, and the second one with the prohibition against idolatry, after which [following the giving of the Ten Commandments] He again instructed Moses, saying, Thus shalt thou say unto the children of Israel: Ye yourselves have seen that I have talked with you from heaven,²Above, 20:19. meaning that you, [Moses] should warn them again to take to heart that which they have seen, so that they will be careful to keep these precepts which I have commanded them. For Ye yourselves have seen corresponds to the commandment, I am the Eternal thy G-d;³Ibid., Verse 2. Ye shall not make with Me — gods of silver etc.⁴Ibid., Verse 20. — corresponds with Thou shalt have no other gods,⁵Ibid., Verse 3. thereby completing the subject of idolatry; likewise, And these are the ordinances corresponds to Thou shalt not covet,⁶Ibid., Verse 14. for if a man does not know the laws of house and field or other possessions, he might think that they belong to him and thus covet them and take them for himself. This is why He said, thou shalt set before them just ordinances, which they should establish amongst themselves, so that they will not covet that which does not legally belong to them. And thus did the Rabbis say in Midrash Rabbah:⁷Shemoth Rabbah 30:15. “The whole Torah depends on justice; that is why the Holy One, blessed be He, gave the civil laws directly after the Ten Commandments.” Similarly G-d explains in this section of These are the ordinances additional laws about idolatry,⁸Further, 22:19. the honor of parents,⁹Further, Verses 15 and 17. murder,¹⁰Ibid., Verses 12-14. and adultery¹¹Ibid., 22:15-16. — which are all mentioned in the Ten Commandments.
The Rabbis have explained:¹²Tanchuma Mishpatim, 6. “Before them, but not before the Canaanites.” This interpretation is based on the observation that it should have said, “which tasim lahem” (“thou shalt set for them”) just as He said, There ‘sam lo’ (He set for them) a statute and an ordinance;¹³Above, 15:25. thus since He said, which thou shalt set ‘liphneihem’ (before them), we interpret this to mean that they should be the judges, for it is with reference to a judge that this term [liphnei (before)] appears in Scripture: And both the men, between whom the controversy is, shall stand before the Eternal, ‘liphnei’ (before) the priests and the judges;¹⁴Deuteronomy 19:17. Until he stand ‘liphnei’ (before) the congregation for judgment;¹⁵Numbers 35:12. ‘liphnei’ (before) all who know law and judgment.¹⁶Esther 1:13. The Rabbis further explained: “Before them, but not before laymen.” They interpreted [the verse in this way] because with reference to the ordinances it is written: Then his master shall bring him unto ‘ha’elohim;’¹⁷Further, Verse 6. the cause of both parties shall come before ‘ha’elohim;’¹⁸Ibid., 22:8. and it is also written, and he shall give ‘biphlilim’ (as the judges determine)¹⁹Further, Verse 22. — these terms referring to judges who are experts in the law, and who had received ordination²⁰The process of investiture with judicial rights and functions. Ordination was conferred by three Sages, only one of whom himself had to be duly ordained. Ordination was valid only if both the ordainers and the ordained were in the Land of Israel. Once received in the Land of Israel, however, the authority of ordination became effective outside the Land as well. [in an unbroken chain from the time of those who had been duly ordained] by Moses our Teacher. This is why He said here that these ordinances are to be set before them, meaning before the elohim [expert, ordained judges] that He will mention further on, but not before Canaanites, and not before one who is not a judge by the standard of the Torah, such as a layman in this respect. It is forbidden to appear before such a person to act as a judge, just as it is forbidden to bring it before the Canaanites, even if he knows that this layman knows the correct law and will render him a proper decision. Even so it is forbidden for the litigant to set him up as a judge and complain before him so that he orders the other party to come to court before him, and the layman himself is also forbidden to act as their judge. Now even though the Sages have mentioned these two groups [the layman and the Canaanite] together, there is a difference between them, in that if the two litigants are willing to come before an Israelite who is a layman, and accept him upon themselves, it is permissible for them to do so, and they must abide by his decision, but to come before the Canaanites to act as judges between them, is forbidden under all circumstances, even if the Canaanite laws are in that particular case the same as our laws.

ואלה המשפטים, in the previous paragraph the Torah spoke about the prohibition of coveting property belonging to someone else (20,13). This did not involve action; by contrast ואלה המשפטים, now the Torah speaks about laws governing the concrete nature of “אשר לרעך,” tangible matters belonging to your fellow man.