Mishpatim
Ex. 21:1 - 24:18
PrĂ©cis: Having received the Ten Commandments (in the previous parasha), Moses now reveals ordinances (mishpatim) needed to implement a comprehensive system of laws. The first group of commandments (mitzvot) relate to the rights of servants (slaves), followed by rules about murder, crimes against parents, personal injury law, offenses against property, and bailment. A list of moral offenses follows, including seduction, witchcraft, sexual perversion, polytheism, and oppression of the “widow, the orphan, and the stranger among you.” The parasha also includes the command to observe a sabbatical year, the Shabbat, and then lists the requirements for the observance of the pilgrimage festivals (Passover, Shavuot, and Sukkot). The command not to boil a kid in its mothers’ milk (a key proof text for the laws of kashrut) is mentioned, and at the conclusion of the parasha, we find a ceremony where the People, represented by Moses and 70 elders, have an encounter with the Divine Presence and accept the laws and the Covenant.
Ex. 22:27 “You shall not revile God, nor curse a leader among your people.”
Many of the Sages saw these two commandments as linked, perhaps because in Biblical times, leaders were selected by God. To “curse” a leader was in effect to revile God. But as we know, there are countless examples in the Bible of leaders being denigrated, often by Prophets, often in harsh and specific terms. These leaders needed to be held accountable for their actions.
So why do we have a mitzvah which is repeatedly violated? Perhaps historically, it is because there was a difference between cursing and mere criticism. If Americans (or Israelis) could grasp this distinction, there might be a hope of actual dialogue between those who hold differing views. Instead, we are faced with such incredible hypocrisy and anger that political power has become an end, as opposed to a means of providing leadership and good government. Anger replaces thoughtfulness. As Rambam pointed out, cursing is a form of anger, but criticism is an attempt to find a better outcome.
When a certain former ex-President declares that he has “absolute immunity” for actions taken during his Presidency, he violates our tradition’s demand that all leaders need to be held accountable.
