Parashat Mishpatim

 

Rav Haim Lifshitz

 

 

 

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Parashat Mishpatim
Without Intermediaries 


According to Or HaHaim’s Human Methodology
 

 Translated from Hebrew by S. NAthan

l'ilui nishmat Esther bat mordechai

 

“Behold I shall send an angel messenger before you, to guard you on the road, and to bring you to the place, etc.”  “‘Beware in his presence, and listen to his voice.  Do not rebel against him for he will not bear your sin.’  He is not trained in this, for he is of the sect that never sins.  ‘Because My Name is within him:’ ‘Beware in his presence’ because My Name is joined within him.” (Rashi) 

Who is this angel messenger?  “Many have bungled in this.  Some say the angel messenger is the sefer Torah, ‘because My Name is within it.’  Others said it is the Ark of the Covenant.  And the meaning of ‘listen to his voice’...refers to that it will not bear your sin.” 

“And all of these are wind words...for it is rather Micha’el, your ruling angel, for he is the great one...and this same angel messenger is Micha’el.”  (Ibn Ezra)

Ramban:  “Yet one must ask: After all, this decree was never fulfilled, for the Holy One said to him, ‘I will send before you an angel messenger, for I will not go up in your midst.’”

“And Moshe begged for mercy over this, and said: ‘If Your Presence will not go, do not take us out of here,’...and God consented to him.”

“And the answer according to this opinion would be that this decree was not fulfilled during Moshe’s lifetime,...but after the death of Moshe Rabeinu, He did send an angel messenger.” 

“This is what is meant in the text: ‘And it was while Yehoshua was in Yeriho that he lifted his eyes and saw and behold a man was standing opposite him, and his sword was drawn in his hand, and he said to him: ‘Are you with us or with our enemies?’”

“And by way of interpretation according to the truth, this angel messenger that they were promised herein is the malach hago’el, the redeeming angel – the one who has the Great Name within him.”

Or HaHaim: “The meaning of this angel messenger is that it is the redeeming angel of the avot.  [Who it will be recalled were God’s servants on the path of free choice, the path of itaruta dil’tata – where the lower one awakens and reaches toward God].  He was not just one of the serving angels among all the other serving angels.  Rather he was a great angel, as is known to the learned, because we do not recognize any intermediate angel. but rather only Him, be He blessed, and shechinat uzo, the immanent presence of His great might, which unites with Him, in the mystery of ‘God is one and His Name is one...’”

 

“‘Do not rebel against him:’  This alludes to man’s action, when it creates an effect of substitution – of good instead of evil,  of ‘a slave that rules’ and ‘a slave woman that inherits her mistress.’  For this He will truly extract vengeance and revenge, from the one who does substitution, ‘for he will not bear your sin.’”

 

“Also this messenger angel – it is known that he is like the tribunal...and when it says ‘for My Name is within him’ – learn wisely this thing – it means that by means of man’s sin, an effect is caused of the departure of the Sovereign within him...  And they have said (of blessed memory) that ‘his name is as his Master’s Name, and it is Sha-dai,’ because his own self is worth the very amount of the Name, and through human sin, the Name of Sha-dai removes itself from him...” 

 

“And the heart of one who is wise in these things has wisely understood that ‘if you shall surely listen to his voice’ refers to one’s fellow human being...”

 

“‘And Moshe took half of the blood:’ Who divided it?  An angel messenger came and divided it.”  (Rashi 24:6)  “And from here our masters learned that our avot entered the covenant through circumcision and immersion and sprinkling of blood.”  (Rashi) 

“And he took the book of the covenant and he read in the ears of the people, and they said: ‘What God has said, we will do, and we will obey.’  We will do for the sake of obeying Him, as slaves that serve their master not for the sake of receiving a prize.”  (Sforno)

A Relationship of Reciprocity

We have already discussed the issue of reciprocity in Parashat Yitro.  It is a concept that one does not find in any other religion.  It is rather audacious to place Creator and created on the same foundation from which to form their relationship.  This foundation – of a covenant between equals – is not meant solely as a testimony to the Holy One’s humility, but rather is meant to point out the goal of His humility, which is in order to join man to Himself, cooperatively sharing responsibility for the creation on an equal basis.

Responsibility is shared in an equal manner between man’s initiative of free choice and his expectations of response from the Divine hashgaha: If he does not receive a response, let him know that the blame lies in a flaw in his initiative of free choice.  Let him not cast the blame onto the other side, but rather let him see within his own self the cause for the slackening of the tie between him and his Possessor.

This covenant is based upon absolute equality, with strict adherence to absolute accuracy, to the extent that an angel was needed in order to divide the blood in half into two containers that would each hold absolutely equal parts.  This is an equality that is unconditional, that recognizes no excuses, justified, or unjustified as they may be.

In a reciprocal relationship, there is no ruler and ruled, no judge handing down his arbitrary verdict.  Rather both of them, the judge and the judged, are on the same side.  Thus the one who is found guilty must view the judge as having assisted in saving him from the sin of robbery, from the sin of acquiring wealth that is not his.

Therefore, “we will do and we will obey.”  We will do whatever we understand, and we will obey and accept the part that is difficult to accept: Total commitment by both sides.  In the agreement that was signed between the partners to the covenant, there was at no point a commitment to half the total but rather to all of it in its entirety. 

The Ramban interprets the law regarding partners who borrowed money along the same lines: The lender can extract the entire sum from either one of the partners because each of them has committed himself to the entire sum.  Each can be relied on to make the effort to demand his half back from his partner, which he initially paid out because of his status as guarantor.

Mikan mooda’a raba l’oraita:  This is the great rule upon which all relations between God’s servant and his Creator are built.  This rule is not given the attention it deserves: The partnership in covenant with the Creator opens up a new power for man, a status shared with God: The one who fulfills his partnership, who expresses his status as partner and guarantor – becomes Godly, becomes a Godly presence on earth, with all that this implies.  He becomes capable of diverging from and rising above the limitations of matter, space, and time, to become “an angel for a few moments” as expressed in the pure-gold writing of the Hazon Ish.

Above the angels.  “A great angel.”  An unheard of audacity is implied in the phraseology of the Or HaHaim HaKadosh.  Indeed, the vast range of interpretation regarding the angel messenger that is promised them, who will guide them on their road to the promised land – this wide range and variety of perspectives fairly opens the door to audacious interpretations.

Ibn Ezra brings – and then apparently rejects – the possibility that the angel messenger is nothing other than the sefer Torah or the Ark of the Covenant.  “And all of these are wind words.”  This rejection is not sharp enough to indicate that these words do not deserve to be heard, that they are incompatible with true hashkafa, or that they are even mere nonsense.  Rather, they are brought – and not affirmed, yet not refuted.

From Or HaHaim’s interpretive words, it seems that the messenger angel is man himself, as the partner in the sacred covenant.  He fills both roles: Subject and object.  He is the receiver and he is the giver.

Or HaHaim’s very precision is what opens up this possibility to interpretation: “The angel messenger that redeems the avot.”  There is a hint here to a problem in hashkafa – a problem to which Judaism is highly sensitive: The issue of using an intermediary.  “For we do not recognize an intermediate angel, but rather only Him, be He blessed, and the immanent presence of His great might, which unites with Him, in the mystery of ‘God is one and His Name is one.’”

Then what is the nature of this angel if not to fulfill the role of intermediary?  Or HaHaim HaKadosh hints at a human perspective on the Creator’s presence in the world: The shechina – the Creator’s female aspect, but not as an entity separate from the Creator – enters the world, and relates to man as God related to the avot, through Kel Sha-dai.  This is God’s approach to man when man approaches God through the initiative of free choice.  It is God’s approach to the human being who serves Him, who cleaves to his God.  This approach characterized the avot.  It was changed to a large extent, during the generations of Egypt. 

“‘Do not rebel against him:’  This alludes to man’s action, when it creates an effect of substitution –  of good for evil,  of ‘a slave that rules’ and ‘a slave woman that inherits her mistress,’ and for this He will truly extract vengeance and revenge from the one who does substitution.”

The Or HaHaim’s substitution seems to be referring to man’s power as a partner who holds equal rights: By the power of his partnership he gains Godly power.  He becomes capable of putting his stamp on creation, inside the cycle of his own existence, whether this is narrow or broad.  His level of power increases with his level of wholeness as God’s servant, and mainly, with his ability to make distinctions and exercise control in the moral/human sphere of good and evil.  This is the sphere of man’s control; here “substitution” is given to his mastery:

“As a slave that rules and as a slave woman that inherits her mistress.”  Man is the causal factor.  He is both influencer and influenced.  “Also this angel – it is known that he is like a tribunal.”  He is both judge and judged.  This profound concept is alluded to in “the bal habayit will be brought near the judges/God,” and in “My children have triumphed over Me.”  This status is only possible for a human being “because My Name is within him,” because the power of God is in him, in his own behavior. 

“By means of man’s sin,” through man’s power, “an effect is caused of the departure of the Sovereign within him...” man runs the risk of influencing the other member of the covenant, “and...‘his name is as his Master’s Name, and it is Sha-dai’...and through human sin, the Name of Sha-dai removes itself from him.”  From whom?  From man himself!

This astounding and revolutionary principle holds the answer to many perplexing questions.  For example:  Immediately after the covenant had been sealed, through haza’at hadam, we read that Moshe – together with Aharon, Nadav, Avihu, and the seventy elders, rose up “and saw the God of Israel.”  This issue is very difficult to reconcile, and the mefarshim labor over it.

Only by the power of the covenant was this terrible vision made possible.  After all, “man cannot see Me and live.”  However, man who raises himself up by the power of his partnership in the covenant may view the other Partner from his own side of the covenant, though he may not view the other Partner from the other Partner’s side.  That is, he may view the partnership, but not the Partner.

From this perspective we may understand Or HaHaim’s symbolic treatment of eved ivri and ama ivria:

“‘If his master shall give him a wife.’  All of this parasha follows a hidden path: If his true Master – ‘for b’nei Yisrael are slaves to Me’ – shall give him a wife...for he is nothing but a slave to the soul, for it is only for her that he is called a man...and the reference is to the soul that the Creator has given him...Here the Torah has hinted at a great mystery, and it is:  There can be a man who has acquired his own soul by the power of his good deeds, and he becomes the owner (ba’al – husband) of a sacred soul...”

The Torah imperative “anshei kodesh tihyu li – people of the sacred will you be to Me” means that man is required to cross over to his Godly side, to the sacred that is within himself, if he would desire to be a partner in the covenant. 

Similarly: “He shall bless your bread and your water, and I will remove disease from your midst.”  In what way does this promise of health differ from the previous promise?  Previously God said: “If you shall truly listen...all the disease that I placed in Egypt I shall not place upon you, for I am God your healer.”  Here the mefarshim explain that “He shall bless your bread and your water” means “the food will be blessed inside one’s digestive system.”  According to this explanation, the difference between this promise and the previous one becomes clear:

In the previous promise, man will be blessed by the direct intervention and hashgaha of the Creator.  Man will be freed of dependency upon the ways of nature and will be healed by way of miracle.  In contrast, in our parasha the Torah means that God will bless the connection between nature and man, “that the food will be blessed in his digestive system.”  This means any food, as paltry as it may be.  Man will not be forced to go in search of high-quality expensive food necessarily.  By the power of his reciprocal partnership with his Creator, he will not be dependent upon or lead by the forces of nature, yet he will also not be required to detach himself from nature.  Rather he will relate to nature, and will rule it, as the master rules his eved nirtsa.  Man determines his own relationship to nature, and he extracts from it whatever he requires in order to fulfill his needs and to maintain his body’s health.

This synopsis fits well with all the commandments we find throughout the parasha.  The halachot regulating ben adam lahavero, interpersonal relations, are a direct continuation of the first section with its highly-detailed laws: Once man has been blessed and privileged to participate in a covenant with his God, it is proper that he view also his fellow human being as a partner to the covenant.  His fellow may no longer be perceived as a competitor in the cruel, brute-force war for survival.  He cannot cast the responsibility upon his fellow, he cannot blame his fellow, he cannot succumb to the survival mechanism, or to his own tendency to attribute success to himself and to cast blame for failure on others.  Rather he must judge himself just as he judges his fellow, on the basis of reciprocity.

Neither should he go to the opposite extreme of masochistic self-flagellation, in which he gives all credit to his fellow, and all blame to himself.  Rather he must see himself and his fellow through the reciprocity of full partnership, sharing all in equal parts, in successes and in failures, as is fitting and proper to those who share a covenant of truth.  When he will view his fellow in this light, he will call an end to hatred and to envy, and bring instead shalom al Yisrael – peace upon Israel.

This may explain the Gemara’s statement (Shavuot 9) that the sacrificial goats of Rosh Hodesh, the New Moon, were meant to serve the Creator in order to appease the moon, for having been demoted from her greatness.  Of this, the BaH comments, “this is a mystery.”  Hu sod.  For after all, what need does the Holy One have for sacrifices?  And why and wherefore would He be required to appease the moon? 

According to the Or HaHaim’s methodology we can catch a glimmer of insight into this highly nistar issue:  Man has the power to appease the moon by the power invested in him by the covenant of reciprocity.  In this way, he contributes to the equilibrium of the creation – an equilibrium that was previously upset by the moon’s deprivation.  Therefore we make specific mention of this damaged equilibrium, in birkat hal’vana: “Let it be God’s will...to fill the flaw of the moon, and she should have no diminishing, and let the light of the moon be as the light of the sun...as it was before her diminishing.”

“And of the moon He said that she should be renewed, as a glorious crown to [Israel] whose bellies are loaded [with sorrow] for they will in future be renewed as she will.” 

“How wondrous is this great vision,” for it is “the vision of Sha-dai:” It is the vision of man’s intervention in the processes of creation, of man’s belonging and contributing to the act of creation, and this contribution is not limited only to what transpires here on earth.  It soars to the highest heights, and it is ultimately reciprocated: “For they will in future be renewed as she will.”

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