משפטי ה' אמת צדקו יחדיו. "G–ds statutes are truth and fair in all respects."

We must strive to attain perfection in the following areas: 1) perfection of one's soul; 2) perfection of one's body; 3) perfection of one's belongings, money matters. Regarding these three areas, the Torah says: "You shall love the Lord your G–d with all your heart, with all your soul and with all your might" (Deut 6,5). The life of the body depends on the heart. The word נפש, refers to the נשמה, soul. When we speak about someone as being שלם בגופו, שלם בתורתו, שלם בממונו see Rashi's commentary on Genesis 33,18, we view תורה as well as study and achievements (in study) as elements the soul depends on.

We also find in this portion many social laws which touch on the well being of both the body and one's finances. Examples are: legislation concerning Jewish male and female servants, who must not be abused when the time arrives that they are free to leave the master's employ. A maid-servant, for instance, may not be sold to a third party, her marital rights must not be curtailed. Similarly, we find legislation concerning the four different ways of administering the death penalty. There are laws governing people who strike parents or other human beings. There are some laws concerning prohibited foods, such as the killing of the ox which has gored, or the mixing of dairy and meat. There are laws about relinquishing rights of ownership and the prohibition of work in the field every seventh year, i.e. שמטה. There are laws governing rest on the Sabbath and holidays, the bringing of the first fruit of ripe produce to the Temple as a gift to G–d, i.e. בכורים.

Then there is the legislation concerning financial matters, such as the provisions for a maid-servant upon her release from service, laws governing restitution for property damage caused by one's own property. There are laws governing litigation and the penalty for stealing, i.e. the restitution which may amount to up to five times the value of the goods stolen. There are rules about the extending of loans to the needy and the prohibition of charging or accepting interest.

The laws concerning one's spirit, i.e. נפש ונשמה, comprise such matters as cursing G–d (G–d forbid), cursing judges, i.e. legitimate authorities, since all this involves the honour of G–d also. Similarly, there are laws that forbid mentioning the names of pagan deities as well as the prohibition to conclude treaties with the seven nations inhabiting Canaan at that time. It is forbidden to allow existing pagan rites to continue to be observed once Israel has taken over possession of the land of Canaan. There is also the commandment to present oneself at the Holy Temple in Jerusalem three times a year. All of these commandments touch one's soul, i.e. performance of the commandments contributes towards achieving a pure soul, a superior personality.

In other words: דינים and משפטים, contribute to the respective perfection of the נשמה-גוף-ממון elements in our lives. משפטים are the mainstay of it all. Our sages say (Shemot Rabbah 30,3) that Torah (i.e. the Ten Commandments) is surrounded by דינים. The Torah begins with דינים, as we read in Exodus 15,25: שם שם לו חוק ומשפט, and it ends with דינים in Exodus chapter 21,1, (The letter ו in the words ואלההמשפטים, is regarded as a continuation of the Ten Commandments). You should know that there are two categories of דין. One category reflects only the attribute of Justice. The other category is a combination of the attribute of Justice and the attribute of Mercy. Our Rabbis have already said that originally G–d had planned to create a universe based on justice. However, G–d saw that such a universe would not endure, hence He co-opted the attribute of Mercy (Bereshit Rabbah 12,15). Just as the attribute of Mercy was invoked when creating man, so Torah itself reflects on occasion strict justice, and on other occasions justice tempered with mercy. As an example, consider the four possible ways of administering the death penalty to people guilty thereof, as opposed to the owner of an ox that has fatally gored a free human being repeatedly, so that the owner's negligence was the cause of what is described by the Torah as deserving the death penalty (Exodus 21,29), וגם בעליו יומת. Rashi explains that this death penalty is administered by Heaven, not by a human tribunal, i.e. the attribute of Mercy is invoked. A similar instance is the statement in the Torah: "An eye for an eye" (Exodus 21,24). This is understood by the Rabbis as referring to financial compensation to be paid to the person who has lost his eye (Baba Kama 84). The reason the Torah employs such severe sounding language, i.e. עין תחת עין, is to tell us that spoiling someone's eye deserves to be paid for by loss of one's own eye. Only because the attribute of Mercy has been co-opted, is restitution made in money, i.e. in terms of the monetary value of the eye one has destroyed.

We find that before people engage in litigation, that the judges have to attempt to settle the dispute by arbitration first, and not immediately to explore the legal situation. All of this emulates the way of G–d Himself, who on occasion is exceedingly strict (see our sages' interpretation of Psalms 50,3, וסביביו נשערה מאד, "around Him it storms fiercely;" (compare Yevamot 121). On other occasions, He employs a large measure of the attribute of Mercy; this universe would otherwise be incapable of continuing. By modelling themselves after G–d, terrestrial judges are entitled to be referred to as אלוהים. Our sages have said that whenever the word אלוהים means a human being, these people can be said to enjoy ordination by G–d (Exodus 22,7 explained by Sanhedrin 56).

This is what Rashi has in mind when he explains that the word ואלה as in Exodus 21,1, introduces matters related to what had been discussed previously. Thus in our case the Torah tells us that just as Sinaitic legislation is binding on us, so the judgments pronounced by properly constituted judges are equally binding; hence the details pertaining to each and every commandment are just as essential as the overall nature of the מצוה. The author quotes an unnamed source as stating that the expression אלוהים, by its very definition is in the genitive (i.e. סמוכים). [I have found in the introduction of the כתב והקבלה of Rabbi Mecklenburg that G–d is always in some relationship to His creation, does not dwell in solitary isolation. This may well be what the author has in mind when quoting the line אין אלוקים בכל מקום אלא סמוכים. Ed.] When we said that G–d decided to co-opt the מדת הרחמים, this must not be construed as G–d having abandoned the idea of a world based on the מדת הדין, attribute of Justice. If that were so, it would pose the problem of G–ds omniscience. Rather, G–d decided to apply the attribute of Justice only to those who are equipped with "superior" souls, whose souls originate in the region souls come from. This is why G–d is so strict with people of the calibre of Moses, etc Anyone who has attained the level of being a שותף של הקדוש ברוך הוא, a "partner" of the Almighty in construction of the universe, is judged by these more exacting standards. We have a tradition that anyone who pronounces true judgment becomes a partner of the creation (Tanchuma Shoftim 8). I have explained this elsewhere at greater length. This is also what is meant when G–d told Moses that He had not needed to reveal Himself to the patriarchs in His aspect of the מדת הרחמים, His attribute of Mercy (compare Rashi on Exodus 6,3). The exile in Egypt actually represented a punishment of Abraham for having questioned במה אדע, demanded proof of G–d's promise being fulfilled (Genesis 15,8). Since such exceptional people maintain בראשית, i.e. מעשה בראשית, these people who are the ראשית, the leading, superior people, are judged by the attribute that called the universe into existence.

Aaron alluded to this when he told Moses who was about to bring his wife and children to Egypt, על הראשונים אנו מצטערים ואתא בא להוסיף, that it was sad enough that Israel found itself enslaved and tortured on account of a minor sin of Abraham. Why did Moses want to bring his sons to share the people's misery? The people referred to as having the משפטים set before them, i.e. the judges, are therefore added (ואלה) to the group that had been called ראשית, i.e. superior people, qualifying for being judged by the attribute of Justice. Moses himself would be viewed as ראשית הראשונים, the first of the elite.

If at Sinai it says וידבר אלוקים to indicate that the attribute of Justice was being applied to certain types of people, the word ואלה is a continuation of that thought as applied to the judges of the Jewish people.

Examples of people to whom G–d applied the מדת הדין, attribute of Justice, are found in Baba Metzia 83, when Rabbi bar Chana was made to pay full wages to labourers who had accidentally ruined the merchandise he had asked them to transport. Similarly we find in Baba Metzia 30, that Rabbi Yishmael son of Rabbi Yossi, who was old and did not legally have to demean himself personally, nevertheless paid out money so as not to take advantage of the הלכה of והתעלמת, in Deut. 22,1, according to which he would have been able to preserve his dignity.

This is why our Rabbis described Torah as דין from beginning to end. There is also the incident recorded in Baba Kama 99, in which Rabbi Chiyah refunded money to a woman who claimed that he had erred in evaluating a certain coin, though according to all the rules of trade and commerce there was no need for him to do so. Concerning such situations the sages said תורה תחילתו דינין וסופו דינין. This means that there are two attributes called דין. This is the attribute of Justice which G–d had intended to use as a yardstick originally, before He began creating the universe. Afterwards, He decided to apply מדת הדין הרעה (perhaps best translated as the "painful" attribute of judgment). This is why G–d ordered the judges (through the Torah), to perform their tasks in a manner similar to that of Himself. G–d inclines towards a lenient view whenever this is possible. Hence the Torah tells us לא תהיה אחרי רבים לרעות, Exodus 23,2, that when there is a slim majority of one favouring a verdict of "guilty," such a majority is not enough, though it would be good enough to return a verdict of "innocent" (23,2).

The Torah also cautions judges not to accept bribes (23,8), to distance themselves from any untruth (23,7).

The Talmud in Ketuvot 105, divides the word שוחד into two, i.e. שהוא חד that it causes the judge to lean only in one direction, that of the person who offered the bribe. This is the reverse of אחדות, since it automatically removes the other litigant from the judge. When both litigants are equally close to the judge we can speak of אחדות, unity, harmony. This condition must prevail when judgment is pronounced, since המשפט לאלוקים הוא, and G–d represents unity and harmony (Deut 1,17).

Every judgment has its root in the Heavenly Regions. Although I shall try to explain these judgments to the best of my ability, this represents only a minute aspect of the whole matter, i.e. the tip of the iceberg.

The first of the משפטים deals with the Jewish servant, both male and female, and is hinted at already in the first of the Ten Commandments. G–d had liberated Israel from bondage to become exclusively His servants. We know from Leviticus 25,55, that כי לי בני ישראל עבדים, that "the children of Israel are My slaves." Rashi refers to this when explaining why the servant who chooses to remain in service has his ear pierced with an awl (Exodus 21,6).

The Exodus from Egypt mentioned in this commandment is a reference to the renewal of מעשה בראשית. As mentioned in the fourth commandment, the Sabbath reminds us of the six days during which G–d created Heaven and Earth. The servant serves six years, corresponding to the six days of מעשה בראשית, and in the seventh year he goes out to freedom.

Just as the six days of creation being "G–d's days," are viewed as the equivalent of one thousand years each, so the Kabbalists view this as a reference to the six thousand years this physical world will exist before a period of one thousand years of ruin, i.e. a period without creative activity, ישבות. This process is supposed to repeat itself seven times until the year fifty thousand, which is the סוד, secret of the יובל, ultimate freedom. The Exodus is to be viewed as a branch of the tree which represents universal history. This idea was hinted at already at the time of the Exodus, when Israel escaped the power (limitations imposed on all creatures) of the fifty levels of בינה, insight. This is the deeper meaning of וחמושים עלו בני ישראל in Exodus 13,18, i.e. that the target of the ascent was "fifty." The idea is that when attaining the fiftieth level, one has achieved more than merely escaping a branch of the fifty levels of בינה. [These 50 gates of בינה are perhaps identical with the 50 gates of טומאה that we are all familiar with from Midrashic literature. At any rate, they represent different levels of restraint, exposure to the pull of the material universe. Ed.] The fact that יציאת מצרים is mentioned in the Torah exactly fifty times may further reinforce the idea that after reaching level fifty freedom becomes absolute. The author suggests that the average lifespan of man of seventy years is a further reminder of this concept, allowing for the fact that man is not judged by Heaven for misdemeanours committed during the first twenty years of his life. Even the male Jewish servant who has his ear pierced, must go free not later than in the fiftieth year, יובל, which is the meaning of Exodus 21,6, "he shall serve לעולם."

The Jewish servant maid leaves her employ after six years, the advent of the Jubilee year, or at the onset of puberty, whichever occurs first. We read in Deut. 22,23, כי יהיה נער בתולה, "when there will be a virgin girl, etc," and the word for maiden is spelled without the customary letter ה at the end of that word. The Zohar page 131 on פרשת בא (Sullam edition), explains that as long as a girl is a virgin, has not joined a male, she is called נער. Once she has lost her virginity through sleeping with a male, she is called נערה. Before creation G–d had been alone, solitary. Through the creation of the universe, the very universe became His throne, i.e. Isaiah 66,1, "the heaven is My throne, and the earth My footstool." The שכינה is referred to as both נער, and נערה, i.e. it is spelled נער but read as נערה. In chapter two of Pardes Rimonim, called ta-am ha-a-tzilut, this נערה is described as a very exalted concept.

The mystical significance of שאר, כסות and עונה, is incorporated in the concept of שכינה. In the book Tomer Devorah, chapter six, this is described in the following words. "Just as G–d is pure and holy, so man has to perform these duties towards his wife in a similar spirit. After a person has achieved a certain degree of purity, he should perform on the Jewish servant maid, אמה עבריה, the commandment of שאר, כסות ועונה, i.e. the three duties a husband needs to discharge towards his wife, his companion for life." 1) He has to provide her physical needs, sustenance, generously; this means he has to be instrumental in channelling this blessing on to her from Heaven. 2) He has to protect her against the influence of negative spiritual forces; he should see to it that in their pairings there is no desire for purely physical gratification. This means he has to "cover" the opening that exists there more than anywhere for the evil urge, which is commonly known as ערוה. The meaning of kessut then is "a covering for nakedness, shame." A major tool helping one to attain this aim is to ensure that all one's actions are purely motivated to be service to G–d. Another formidable tool that helps to ward of the evil urge is the טלית ותפילין, the prayer shawl and the phylacteries. In the language of the Kabbalists the ספירה גבורה is another name for the domain of the evil urge, whereas the ספירה חסד is another name for the domain of the "good urge." Whereas the latter was created for the needs of אדם himself, the former was created to provide the needs of his wife. A third effective tool against the machinations of the evil urge is the immersion in Torah study. When man allocates different times, i.e. עונה, for all these personality building activities, he may consider himself as "dating" the שכינה, G–d's Presence.

If it is impossible to achieve יעוד, a betrothal, then there arises the need for a release, פדיון. Since the שכינה is in exile together with the Jewish people, I have explained that that statement refers to the שכינה of the בריאה. It looks forward to redemption. Rabbi Menachem Habavli writes that we find a hint here that the Messiah will come even in a generation that is חייב, collectively guilty. This is why the Torah says אם רעה בעיני אדוניה והפדה, if she is evil in the eyes of her master he has to release her. The "master" of course, is G–d in that context.

The Gentile slave obtains his release in the event any of 24 types of his limbs have been destroyed (Kidushin 24, Baba Kama 75). This is to remind us that man was created in the image of G–d (Genesis 1,27). Our sages explain that man's 248 limbs correspond to the number of the Torah's positive commandments. These in turn are symbolic of the 248 joints in the אדם העליון, man's spiritual counterpart in the Celestial Regions, who sits on the throne. This is why the first of the patriarchs, Abraham, was called אבר מה (the letters in his name being re-arranged). The מה, corresponds to the numerical value of the word אדם, which in turn is equivalent to the four lettered name of G–d spelled in letter form. =ה-א ,13=ו-א-ו ,6=ה-א ,20=י-ו-ד6, total=45. Abraham did not want to be associated through marriage with אליעזר, who is ארור, cursed, having been a descendant of כנען, who was cursed by Noach to remain a slave permanently (Genesis 9,25). It is not possible for ברוך and ארור, the blessed and the cursed, to be paired successfully. Abraham of course, was blessed, and so were his descendants (Genesis 12,2). Kabbalists perceive of ראשי אברים as referring to man at his moral best, i.e. אדם הפנימי, as well as a corresponding type of ראשי אברים, of the אדם החיצוני, man at his moral worst, i.e. man under the influence of Noach's curse. By destroying the ראש אבר of a Gentile slave, one releases that person from the influence of that curse. Therefore, he no longer needs to be a slave (as per Genesis 9,25). As a result, such a person can join the ranks of the free, the ones subject to G–d's blessing.

I have explained the significance of the rule of a slave dying more than twenty four hours after having been struck by his master (Exodus 21,21), in my commentary on פרשת יתרו. The first of the Ten Commandments, אנכי, which is one of the positive commandments, includes the essence of all positive commandments, whereas the second of the Ten Commandments, לא יהיה, not to have other deities, contains the essence of all the other negative commandments. Our sages have said that the 365 negative commandments correspond to the 365 days in the solar year (Makkot 23). When the Torah says יום in our verse, it refers to all 365 days of this temporal year. A Gentile slave is obligated by Jewish law to observe all the negative commandments, whereas he only has to observe those positive commandments that Jewish women also have to observe. He is exempt from the performance of commandments which are linked to a specific time frame i.e. a certain part of the day. It follows that his sanctity is restricted to "a (full) day one," i.e. when he performs all the negative commandments. This is the deeper meaning of the Torah saying "if he survives a day or two." יום או יומים, means a "day that includes all days, a period of not less than twenty four consecutive hours."

He who strikes a person fatally, deliberately, must be executed (21,12). The illegal killing of a human being is equivalent to diminishing G–d's visible Presence on earth, since man has been created in His image (בצלמו בדמותו). It is as if the דמות form, had become דם מות (death of blood). This idea is alluded to in the words מות ימות, i.e. that the מות, death, replaces the Divine form, דמות.

Regarding involuntary manslaughter, discussed in 21,13, the penalty of exile to a city of refuge parallels Adam's expulsion from Eden. Adam's sin had been due to the serpent's power to seduce. This had resulted in death being introduced in the universe (Genesis 2,17). When the Torah writes here מכה איש, when a man kills, it means Adam who was the first איש, individual, to cause death. Anyone who causes death is subject to "you are dust and to dust you shall return" (Genesis 3,19). The repetition of the expression מות תמות, in Genesis 2,17, is our clue to transmigration of souls, to the concept that several re-incarnations may be necessary for man to achieve his תכלית, his allotted task on earth. However, the principal meaning of the line was never that death would occur immediately after the sin had been committed. After all, Adam was 930 years old before he died (Genesis 5,5). His sin was comparable to an inadvertently committed act since it had been due to the outright seduction by the serpent. This is the reason a person guilty of involuntary manslaughter only has to be exiled to a city of refuge.

Murder committed deliberately, however, מעט מזבחי תקחנו למות, "you will execute him promptly, says G–d (21,14). Even Adam had been created from ה-אדמה, i.e. the altar (מזבח אדמה תעשה לי). Rashi explains on Genesis 2,7, that the dust referred to here is the site of the eventual altar in the Holy Temple, so that the eventual function of the altar, namely to atone for man's sins, should also be able to atone for Adam's error. Since nowadays the evil urge does not manifest itself in the guise of the serpent, murderers do not enjoy a stay of execution.

The death penalty for striking father or mother, or even for only cursing them, is due to the Torah regarding father and mother as G–d's partners, since they contribute two thirds in producing a child. They deserve a degree of respect similar to that due to G–d Himself (21,15, or 17). The reason the Torah inserts the penalty for kidnapping between the penalty for striking and the penalty for cursing father or mother, is to teach us that all these three sins are closely connected; one of these sins usually is the cause for the next one. All three are due to the pollutant man has absorbed since yielding to the serpent's seduction in גן עדן. The Midrash Hagadol Genesis 3,7, says that Adam was a thief, since he ate what did not belong to him. He was גונב דעת עליון, he deceived, or better, tried to deceive G–d. Misrepresentation in order to put oneself in a better light fraudulently is the worst kind of stealing (Mechilta on Mishpatim item 13).

A few words concerning the four methods of executing someone legally that are possible in Jewish law, namely סקילה, שרפה, הרג, חנק, i.e. death by stoning, burning, sword or asphyxiation. Though according to the plain meaning, פשט, these methods are listed in descending order of severity, and the Torah specified the method compatible with each respective sin for which a death penalty is mandatory as a positive commandment, the fact remains that a person's death is due to the angel of death who derives his authority from the attribute of Justice, מדת הדין, which in turn decides on a variety of methods in which to implement this authority. Execution by the sword is symbolic of the avenging sword at work; it avenges the breach of the covenant with the supreme Law-giver. Hanging, i.e. choking to death, is appropriate for rebellious acts, i.e. an unspecified method of execution, suggesting that it is the result of the מדת הדין. The sinner is to have his mouth closed so that he can no longer speak out rebelliously. Stoning, סקילה, i.e. the very use of stones, suggests that the guilty person had upset the אבן הפינה, the cornerstone of Torah, had undermined it, so to speak. Death by fire, indicates that G–d's great fire had struck the guilty person (compare Rekanati's commentary on Deut. 18,16).

Adam enjoyed the fruit of this world without pronouncing a benediction prior to tasting it, i.e. without thanking the Lord for what he was about to partake of. The letter ב, in the word בראשית, symbolises that G–d created the universe with a blessing, ברכה, as we know from Bereshit Rabbah 1,10. When Adam ate from the tree of knowledge without a prior benediction he removed himself from the region of blessing by listening to the curse of the serpent, and he gratified himself from the allure of the tree which appeared good to eat (Genesis 3,6). The Talmud Berachot 35, says that anyone who indulges himself in this world without benediction, i.e. without acknowledging it as a gift from G–d, steals both from G–d and from the Jewish people, since we read in Proverbs 28,24, "whoever robs his father and mother and says that this is not sinful is a companion of the destroyer."

The linking of G–d and Israel in that Midrash is due to the fact that such theft is known in the Celestial Spheres. First man (whose father and mother was literally G–d Himself), had committed this crime of theft. The close connection in the Heavenly Regions between כנסת ישראל, and G–d is well known. It is there that Adam disturbed the equilibrium with his sin. This is why the kidnapper, גונב נפש, is mentioned in the Torah in connection with cursing or hitting mother or father.

After this our portion discusses strife between people (21,18) to teach us the five categories of compensation applicable when physical injury has been caused as well as the fact that anyone who raises a hand against a Jew is equated with having raised a hand against G–d Himself. This is so because man was created in G–d's image, and every soul of a Jewish person originates in Heaven, the home of the שכינה. We are told in Psalms 68,27 במקהלות ברכו אלוקים, ה' ממקור ישראל, "In assemblies bless the Lord who are from the fountain of Israel." Since the letter ה in ה-אדם, is the last letter in the name of G–d (the four lettered one), it is appropriate that the penalty for inflicting personal injury is fivefold, i.e. ה.

Concerning my discussion of the nature of Adam's sin, the Torah hints that the whole phenomenon of כי יריבון אנשים (21,18), when men quarrel, is only an outgrowth of Adam's original sin; i.e. the strife between Cain and Abel. The words that אם יקום והתהלך בחוץ, describe the fact that though Cain killed Abel, this death was not final, but he was re-incarnated in someone else's body, i.e. that of Moses. The word משענת, is a reference to Moses' staff, מטה. The words ונקה המכה, are reminiscent of G–d telling Cain that he who would kill him would be avenged שבעתים (Genesis 4,15). The Ari zal, writes that the letters in the word יקם, are simultaneously the first letters of יתרו, קין, מצרי, the three people whose bodies housed part of Cain's soul at a later period in history.

The statement in 21,19, רק שבתו יתן, suggests that there will be a long interval, i.e. שבת, before such a killer will be finally rehabilitated. In the distant future, קרח, the third re-incarnation, will arise, as prophesied by Hannah in Samuel I, 2,6, when she said concerning him "G–d kills and revives, lowers to she-ol and raises up." השם ממית ומחיה, מוריד שאול ויעל. Another hint of this may be seen in the verse צדיק כתמר יפרח (Psalms 92,13). Using the final letters of these three words, you find that they spell קרח. This too is the meaning here of ורפא ירפא (i.e. he will be rehabilitated).

After this the Torah explains laws about the Gentile slave. He originates from a state of ארור "cursed," and by being the slave of a Jew he is elevated to join the ranks of the "blessed," ברוך, those who qualify for blessings. I have already explained this earlier.

There follows the case of someone inflicting injury on a pregnant woman and what happens if her fetus dies as a result. This is due to the pollutant of the original serpent who had attacked or slept with Eve, and had contaminated her. If man wants to rehabilitate himself from this pollutant, then עין תחת עין, i.e. he can become a vehicle fit to host the Divine entourage by sanctifying the various organs of his body, as I have explained elsewhere at length.

Rekanati comments about this in the following words: "We know that halachically our sages understand the עין תחת עין as a demand to pay appropriate financial compensation for the organ impaired or destroyed. The same principle applies to the verse Leviticus 24,19, ואיש כי יתן מום בעמיתו, where we also find that monetary compensation is called for. The words באדם כן ינתן בו (Leviticus 19,20), mean that something that is usually passed from hand to hand is to be the means of compensation."

You may well ask why the Torah did not state clearly what it means, instead of our needing the oral Torah for clarification? After all, wording such as this only encourages those who doubt that Torah is of Divine origin and who deny the authority of the Rabbis to interpret it! The answer is found in the statement that the written Torah has seventy facets (Bamidbar Rabbah 13,15). This is similar to יין wine which numerically adds up to seventy. This means that the halachic norm of any מצוה listed in the Torah, is based on the oral tradition. Were this not so, the written Torah could not be subject to a variety of interpretations which reveal many other concerns of Torah. According to the oral tradition the truth is, that anyone injuring his fellow man is liable for up to five kinds of compensatory payments. "עין תחת עין" is written here to reveal a profound truth. I have already hinted that man's physical structure is based on the האדם העליון, man's counterpart in the Celestial Regions. As long as man's various limbs and organs are intact, this fact reinforces the power of his celestial counterpart, prevents it from losing its viability. The reverse is true when man's body is mutilated, i.e. כי ינתן מום באדם.

Rabbi Saadyah Gaon has written about this in his book ספר האמונות. The written Torah expresses itself usually only in general terms. A single meaning cannot comprise all the many thoughts contained in that phrase. Torah has both hidden and obvious meanings, as is written אחת דבר אלוקים, שתים זו שמעתי. "G–d has said one thing, whereas I heard two things" (Psalms 62,12).

Next, the Torah deals with שור הנסקל, the ox which is stoned because it has proven aggressive, has gored a human being. Adam had sinned originally, but he was forgiven after he had sacrificed an ox as a sin offering. This ox is reputed to have possessed only one horn (Shabbat 28). The Kabbalists see a deep significance in this, something that points at the אחדות, the secret of unity.

When an ox gores man, the Torah says: סקול יסקל, etc." (21,28). The Torah distinguishes between a שור תם, an ox that has a history of behaving peacefully, and one that has demonstrated aggressiveness. If the normally tame ox has killed a human being, it immediately is categorised as an aggressive beast, the owner being considered as having been forewarned. I have explained these distinctions at length in my commentary on פרשת וישב, in connection with the festival of חנוכה. אדם הראשון, first man, was considered מועד לעולם, forewarned from the outset (Baba Kama 3). This means that he was unable to make excuses for his sin, having been told by G–d directly what he must not do. יעקב on the other hand, is described as איש תם (the choicest of human beings), and only had to pay half for any sins he had committed (i.e. cost of any damage he caused), since he never died (cf. Taanit 5, that יעקב אבינו לא מת). This means that though he "died," he did not die completely as was explained in that context (see Akeydat Yitzchak chapter 32).

הבער,מבעה,בור,שור, are the four principal causes of damage injury or death. We find in Numbers 32,38, that there was a Canaanite city called Sivmah (same letters as the first letters of the four categories of damage). The four causes of damage are related to the four kinds of קליפות "peels" mentioned in Psalms 78,28,"והוא רחום.” They are: חמה, אף, משחית, עון, names by which G–ds destructive agents are known to us. The word מבעה, meaning damage caused by the teeth, i.e. eating what does not belong to one, is something man is judged on when already in his grave, as our sages explain on Maleachi 2,3, וזריתי פרש … פרש חגיכם, that man will be judged in the grave for what he ate illegally while on earth (Shabbat 151). The category of damage known as שור, refers to the "horns" of Samael (Satan), i.e. the evil urge. The first letters of the words שור, קרן, רגל, spell שקר, lie. The fourth category, fire, i.e. אש also known as hav-er - refers to the fire of purgatory, גהינם.

The רמז, hint, contained in the Torah's description of the four categories of שומרים, trustees, i.e. the שומר חנם, שומר שכר, שוכר, שואל, is to the parallel, opposite source, i.e the source of sanctity, קדושה. It is reminiscent of the statement that שומר מצוה לא ידע דבר רע (Kohelet 8,5), that he who "keeps" the commandments will know of no evil. These four categories are analogous to the letters in the four lettered name of G–d. Since the letter ה in that name occurs twice, the הלכות, religious rulings, in the case of the four trustees are in reality only three (The paid trustee and the person who pays for renting a utensil are treated similarly in the event they are charged with negligence).

I have found in the book Ba-assarah ma-amorot chapter 3, an article that explains the source of this legislation. The author writes as follows, quoting Isaiah 62,6: "Upon your walls O Jerusalem, I have set watchmen." These are four watchmen corresponding to the four-lettered name of G–d, their דינים are three, since the watchmen of the "Upper World" never abandon Jerusalem, and concerning them the prophet says "all day long and all night long" (ibid.). They are never without supervision.

I have written more about the subject of the ארבעה שומרים in my discourse on מסכת פסחים, in connection with the four "sons" that are mentioned in the הגדה של פסח.

מכשפה לא תחיה. Do not allow a witch to survive!" (22,17). Rabbi Yochanan in Sanhedrin 67, relates the term מכשפה to the fact that witches deny the existence and function of Divine messengers, i.e. פמליא של מעלה. The Chinuch describes the substance of such witches (whether male or female) in the following words: "At the time of creation, G–d assigned certain activities to everything that has been created; such activities are all meant to benefit the universe. This is the meaning of Genesis 1,12, that each variety of herb came into being למינהו, in its individual kind, with its individual function. Each had a spiritual counterpart assigned to it in the "higher" world. This is what Bereshit Rabbah 10,7 means when it says that every herb has its own מזל in Heaven. This מזל instructs the herb to grow.

Apart from the mission assigned to each herb individually, each herb performs other activities when it is merged with other species. When such mixing of species occurs there are aspects which are forbidden to man, because G–d is aware that the use by man of such mixtures will ultimately be harmful to him. For this reason, הלכה says that if a mixture of herbs is proven to possess therapeutic qualities, the use of it is not forbidden as something that is considered pagan practice (Shabbat 67). This means that though the pagans who deny G–d use this substance as a form of witchcraft, Jews are not therefore automatically forbidden therapeutic use of it. Matters forbidden under the heading of מפני דרכי אמורי, are only forbidden because of the ultimate harm this practice causes to its user. We need to appreciate also that there is another reason why such mixtures are forbidden, and that is because the power of the mixture is strong enough to neutralize, at least temporarily, the celestial agents directing and supervising their "charge" of each separate respective species which now have been combined.

An example would be the following: When you graft one species on to another, you create a third species. This means that the power of each of the two original species that has now been combined has either been neutralised or destroyed. This is why we have been forbidden to contemplate, though we may actually carry out the deed, doing anything that appears to change what G–d in His perfection has created.

Perhaps these considerations are at the root of the prohibition of mixing wool and linen, of pairing incompatible animals to perform certain work such as to pull a plough, or of planting different species of seeds too closely together. We will pursue this theme when discussing these various prohibitions. This is also the reason that the Talmud in Sanhedrin 67 states, that the name כשפים implies that these activities deny the agents G–d has appointed (by performing contrary activity). The expression פמליא has been chosen carefully, so as not to create the impression that witchcraft can ever supersede G–d's decree even momentarily. After all, it is G–d who has imbued such a mixture with more potency than that of its constituent parts. The sages then criticized those מזלות for allowing successful mixing of the species under their supervision. At any rate, the power of the פמליא, agency has been denied by such action. Anyone whose mind is on G–d's "wavelength," so to speak, so that the power of his own merits exceeds that of the פמליא that govern these herbs need not be afraid of the negative effects due to the mixing of such species. We find this idea supported by what is related in Shabbat 81, where the sages refused to seat a Gentile lady next to them. The lady, in her anger, invoked witchcraft in order to arrest the motion of the ship on which this incident occurred, whereas Rav Chisda invoked the name of G–d. As a result, the ship resumed its motion. The lady acknowledged G–d's superior power when dealing with Jews who observe certain modes of proper conduct, i.e. הלכות דרך ארץ.

The Rekanati writes that knowledge of what are the circumstances when something of this nature, i.e. contending with those who perform witchcraft, is permissible, is wide spread. Do not think that מעשה כשוף and מעשה שדים are one and the same thing. The Talmud in Sanhedrin 16, is explicit in identifying the machinations of Pharaoh's magicians i.e. בלטיהם, as the acts of שדים (Exodus 7,22), whereas the Torah refers to בלהטיהם (Exodus 7,11,) when the meaning is witchcraft. This teaches that כשוף can be performed without resorting to שדים, creatures commonly known as מלאכי חבלה, destructive agents. This is the way Rashi explains the matter. On occasion even שדים perform מעשה כשוף. They are known as the מלאכי חבלה, since מעשה כשוף, is invariably used destructively. So far the quote from the Chinuch.

אם חבול תחבול (Exodus 22,25). The plain meaning of this legislation is clear, i.e. that when the owner of the pledge needs the object taken from him as a pledge he must not be denied its use. The Rekanati explains that the reason the Torah refers to עד בא השמש, is that the attribute of Justice is especially active at night, and the lender is more likely to be subject to it if he has not returned the garment to its owner for use during that period. Our Rabbis add another important thought pertaining to the סוד, the mystical dimension, underlying this, such as considerations of when to institute a leap year. They say that the verse refers to man's soul, which is returned to G–d nightly, as we say in the אדון עולם prayer: בידו אפקיד רוחי. The Torah also contains a hint of this when it says (Deut 24,17) that the garment of a widow must not be taken as a pledge at all. This is so that she does not suffer a צרה twice (See Rekanati).

When the latter describes this verse as speaking about man's soul, what he means is that the words שלמת רעך "the garment of your רע," refer to the elevated soul, נשמה הנאצלת that originates with G–d, which is also known as רע, seeing that it says (Proverbs 27,10) רעך as well as ורע אביך אל תעזוב, "do not abandon the רע of your "father," i.e. see to it that you return it to Him in a state of purity," i.e. when your personal sun sets (when you die). The "widow" then is perceived as having been bereft of her "husband," i.e. G–d, once already, since her soul had to return to earth to inhabit another body. The object of existence is to see to it that you do not need a second round of life on this earth. All this is alluded to when the Torah says that you have to return it to G–d "every night," i.e. after death (night is equated with death).

The בגד אלמנה, widow's garment, in Deut. 24,17, on the other hand, is a reference to a "widowed woman," i.e. a soul which is on its second incarnation. The Rekanati says that you should be very careful to insure that such a second incarnation should not become necessary. The penalty for not restoring a pledge to the rightful owner at the time he needs it, may well be this second incarnation of the offending person. He needs to compensate for this sin by his soul being re-incarnated for a second life in a body.

You shall be men of holy bearing to Me, and; you must not eat flesh torn by beasts in the field" (22,30). The Talmud Berachot 17 states in the name of Rabbi Yochanan סוף אדם למות, וסוף בהמה לשחיטה, והכול למיתה הם עומדים. "Man's destination is to die, the domestic beast's destiny is to be slaughtered, all are ultimately destined for death." Why is the kind of death the beast is slated for described as "slaughter?" Also, why does the statement repeat that "all are ultimately slated to die?"

Actually, G–d created inert matter, vegetable matter, animal matter and the creature that can communicate thoughts in words, i.e. man. Vegetable matter, צומח, is fed by inert matter, דומם, whereas animal matter feeds on vegetable matter. The lower matter, by having been the instrument enabling a more advanced part of matter to grow, is elevated to the status of the level of matter it supplies nourishment for. In other words, the status of the inert is enhanced once the vegetable matter has used it to help it grow. By the same token, vegetable matter is elevated by providing food for the beasts, and the beasts are elevated in stature by having been the source sustaining man. When man eats the animal or part of it, he elevates that animal to the level of a "speaking creature," i.e. his own level. The specific "level" of man is that upon death, his soul is re-united with its holy origin. This is why David says in Psalm 116,15, יקר בעיני ה' המותה לחסידיו, that "death is precious to the Lord when it is the death of His pious ones." This is why Rabbi Yochanan describes death as the ultimate achievement, סוף, a human being is capable of. He describes the animal's ultimate achievement as being slaughtered, seeing it achieves the spiritual level of the מדבר, human being (while the latter has not yet died). Even to become like the מדבר however, is not an ultimate goal in itself. Therefore Rabbi Yochanan, by repeating that death is the ultimate objective, stresses that the animal attains the highest stature it is capable of attaining only when the מדבר i.e. human being whom it has served as food, finally dies. This elevation is due to man's death. This is the meaning of הכול למיתה עומדים, "death is everyone's ultimate destiny."

Concerning this concept, Solomon says in Kohelet 3,21, מי יודע רוח בני אדם, העולה היא למעלה, ורוח הבהמה היורדת היא למטה לארץ, "Who knows under which conditions man's spirit rises on high, and when the animal spirit descends to the nether regions." Solomon means that there are occasions when the animal's spirit ascends, such as when man consumes בהמה טהורה, and such a בהמה is fit to eat according to the criteria of what is kasher according to Jewish dietary laws. On the other hand, when man indulges in animal food forbidden to him, his own spiritual force descends to the level of the animal instead of the spiritual level of the animal being raised to his level. All this is alluded to in our פרשה in the words לכלב תשליחון אותו, throw it to the dog; i.e. man is relegated to the "hard" קליפה. (a Kabbalistic term denoting forces in the universe not susceptible to sanctity)

The reason eating portions of בהמות וחיות טהורות is so important is that the spiritual force which hovers over the life-force of those animals is rooted in the סטרא דקדושה, the holy part of the spiritual regions, whereas the life force that hovers over the "impure" species of animals is rooted in the סטרא אחרא, the part of the spiritual world over which Satan presides. Even the בהמות וחיות טהורות only qualify for consumption by Jews when slaughtered by human hands, by what is termed a מית יפה, a "beautiful death," by an unblemished knife. Other causes of death make such animals join the ranks of those impure to start with.

We find that a desirable death for man is the exact opposite of what is deemed a desirable death for the animal. Whereas man prefers death at the hands of G–d, i.e. not through murder at the hands of human beings, the animal achieves its state of "holiness" only when executed by man, not when it dies from natural causes. The reason is that man's body is the sheath for his soul. Through partnership of body and soul man observes the laws of Torah and Avodah in the sense of היום לעשותה ולמחר לקבל שכרם, to perform the commandments "today" while alive on earth, and to receive the reward for such performance "tomorrow," i.e. after death of the body, in the Hereafter. This is why the day of death is described by Solomon as superior to the day a person is born, since it is the day the spirit returns to G–d and the body finds rest in the grave (Kohelet 7,6). If body and soul are separated prematurely (through murder or other violence leading to death), whoever is responsible has separated Torah and Avodah from the direction and the time frame intended by G–d for that person.

An animal does not contain an inherent element of holiness with the exception of its life-force, רוח חיוני, at the time G–d's spirit hovers over it; the moment that spirit removes itself it no longer contains anything holy at all. Its only rehabilitation is that man slaughters it with a knife while that spirit still hovers over it, before its time had come to die of natural causes.

This is the meaning of ובשר בשדה טרפה, "in the field," which is outside the confines of קדושה holiness, like the "field" of Esau who is described in the Torah as a man of the "field," as distinct from his brother, the איש תם (Genesis 25,27). We know of seventy categories of impurities corresponding to the seventy spiritual counterparts or "princes" of the seventy Gentile nations. This is why we must not consume any of these animals infested with "impurity," in order to maintain our destiny of אנשי קודש תהיון לי.

I will defer discussion of the שמטה legislation, the need to make pilgrimages to Jerusalem, all of which are mentioned here briefly, but are not listed here as commandments, to the places where they are listed as commandments respectively.

The same applies to discussion of the ביכורים legislation.

CONCERNING THE PROHIBITION OF MIXING MILK AND DAIRY PRODUCTS. The Rekanati writes that the prohibition of milk mixed with meat is part of the כלאים legislation, i.e. the need to preserve the integrity of the species, such as not sowing seeds of different categories too closely together, not to graft, not to use the beasts of burden of different capacities simultaneously. Mixing such species here on earth results in mixing matching forces in the Celestial Regions. Meat, being "red," is symbolic of the attribute of Justice, whereas milk, being white, is symbolic of the attribute of Mercy. Mixing them would dilute the attribute of Mercy. The attribute of Justice is then liable to neutralise the attribute of mercy. The Rekanati enlarges on the subject. Rabbenu Bachyah (ben Asher) comments very interestingly on the meaning of this commandment. He explains the absence of the explicit לא תאכלו, "do not eat," to mean that only in the case of כלאים and בשר וחלב is one liable to the penalty of מלקות, 39 strokes of the belt, even if one had not derived any gratification from eating the mixture. Had the Torah employed the customary לא תאכלו, such a penalty would have been applicable only if the אכילה had been a "normal" one, i.e. had given some pleasant sensation to the person eating the mixture (compare Pessachim 24).

After the דינין and משפטים in this portion have been concluded, the Torah turns its attention to Israel's journey towards the Holy Land with (23,20,) הנה אנ כי שולח מלאך לפניך. "Here I am sending an angel ahead of you." Shemot Rabbah 32,6, quotes Psalms 34,8, חונה מלאך ה' סביב ליראיו ויחלצם, "the angel of the Lord camps around those who fear Him, and rescues them." When man performs a commandment of the Torah, G–d creates an angel to protect that person. When said person performs two commandments, G–d provides two angels to protect him, since we are told in Psalms 91,11, כי מלאכיו יצוה לך לשמרך בכל דרכיך "for He will order His angels (pl) to guard you wherever you go." If a person performs many commandments, G–d gives him half His camp as is written: "A thousand may fall on your left side, ten thousand on your right side, but it (disaster) shall not reach you" (Psalms 91,7). This half of G–ds camp is described in Psalms 68,18, i.e. that "G–d's chariots are myriads upon myriads, thousands upon thousands."

This Midrash is difficult. Surely G–d has innumerable angels at His disposal, and even if their number were limited, who could guess at their total? Granted Psalms 68,18, does not present any difficulty when an indefinite number of thousands is referred to, since this is the manner in which G–d displays His power. Another difficulty is why the Midrash jumps from someone who performs two מצות and does not refer to a list of angels for people performing a given number of commandments over and above two. Also, why does the Midrash describe the performance of a single commandment in the present tense, i.e. עושה, whereas in the other examples given it employs the past tense, i.e. עשה?

Before explaining the Midrash itself, I have to demonstrate how the paragraph relates to the משפטים which form the principal subject matter of our פרשה. We have stated previously that the letter ו before the word אלה המשפטים establishes a linkage with the subject matter discussed previously. Just as the subject matter discussed in the Ten Commandments was revealed at Mount Sinai, so everything that follows in this פרשה, was revealed at Mount Sinai. This is why the number "ten" plays a significant role in דינין, at least at the mystical level. When the Hebrew number ten is spelled in writing, i.e. יוד, it equals 20 (the combined value of these three letters). In other words: "ten" spelled out is really "twenty." The Zohar points this out in connection with Numbers 7,86, where the Torah repeats עשרה, עשרה בשקל הקודש. The idea is that the "whole" שקל, equals twenty geyrah as we know from the half shekel legislation of פרשת שקלים in Exodus 30,13. It is appropriate to refer to that concept, since this portion is read on שבת פרשת שקלים, and the latter is usually read on the same שבת as our פרשת משפטים. Seeing that ten geyrah represent half a שקל הקודש, we view the legislation in פרשת יתרו as "half" a legislation that is being complemented here in our פרשה through the introductory letter ו.

An example of how the number "ten" is relevant in דינין is the composition of the collegium of judges that can adjudicate capital crimes. The total number of judges required is twenty three. This is arrived at in the following manner. The Torah writes in Numbers 35,24, and 25, ושפטו העדה … והצילו העדה. This means that there has to be an עדה, i.e. ten people who are capable of voting innocent, whereas there also has to be a מנין who are capable of voting guilty. Since the Torah demands a minimum majority of two judges in order to make a "guilty" verdict legal, we have to add another two judges to the twenty we have just mentioned. Since we must avoid a "hung jury," a third judge is added to provide us with an odd number as the total (No judge is allowed to abstain). We have seen that the number "ten" is significant then both as "ten" and as "twenty," i.e. the "ten" spelled as יוד that we mentioned previously.

Some introductory comments are necessary in order to comprehend the mystical dimension of the number "ten" in the context of our discussion. Once we have appreciated those, we can come back to the difficulty in understanding Shemot Rabbah 32,6. It will then also become clear how the verse הנה אנכי שולח מלאך לפניך (23,20) fits into the whole sequence. Ten is a number that is present in all ספירות, i.e the emanations, or "downward" developments mentioned amongst the teachers of Kabbalah. Kabbalists have divided the progressive layers of the various "worlds" beginning with the region of עולם האצילות, a dimension immediately beneath the "throne" of G–d. This region contains ten sefirot "spheres," as do the various other "worlds" such as the עולם הבריאה, followed by the עולם היצירה, and lastly the עולם העשיה, the world that we inhabit. The Pardes Rimonim by Rabbi Cordovero elaborates at length on these concepts in the relevant chapter of his book. The respective composition of the "ten" elements in each of these worlds differs; suffice it to say that the number "ten" is essential in each of these "worlds." Since the עולם האצילות, and the עולם הבריאה, are always considered as inseparable (something like the idea of השם אחד ושמו אחד), and each contain "ten spheres," we view those as we did the number "ten" spelled in letters, i.e. יוד, totalling twice "ten", i.e. "twenty." The same is not the case in the other two "worlds," the עולם היצירה, and the עולם העשיה. We may view those "worlds" as if they were mere shadows, i.e. צל, of the "upper" two worlds. The number "ten" then in those "lower" worlds is only like the "half shekel," i.e. ten geyrah. Man who is made in the image of G–d, is equipped with "ten" fingers and "ten" toes," to symbolise the יחוד, union, of the עולם האצילה, and the עולם הבריאה. Our sages have said in Kidushin 30, that 3 partners share in the creation of a human being. They are: 1) G–d, 2) father, 3) mother. They state that G–d contributes ten items all of a spiritual nature, whereas father and mother together contribute another ten items all of a physical nature. The latter contribution is meant to enable man to serve the Lord, i.e. study Torah and perform the commandments recorded in the Torah.

When the Torah was given the Ten Commandments corresponded to the ten directives G–d issued when He created the universe (Avot 5,1). You find that the numerical value of כסא, i.e. G–d's "throne," equals that of the word אנכי, the first word in the Decalogue. Both equal 81. When Moses ascended Mount Sinai, he encountered the hostility of the angels who opposed his wanting to take Torah to earth, and when he displayed fear of the angels G–d told him to hold on to His כסא (Shabbat 88). Midrash Tanchuma on Deut 33,2, views the words ואתה מרבבות קודש, as indicating that G–d descended at the time of the revelation at Mount Sinai supported by an entourage of twenty thousand angels.

To understand the significance of that number one needs to appreciate the concept of מספר קטן, a method of arriving at numerical values by ignoring the "zero" or rather the final digit zero in a given number. If G–d arrived supported by twenty thousand angels from the regions of עולם האצילות, and עולם הבריאה, then the "shadow," צל, of those regions, the עולם היצירה, would have one tenth of that number, i.e. two thousand. This is the meaning of Psalms 68,18, that רכב אלוקים רבותיים, אלפי שנען, that "G–d's chariots are twice ten thousand, thousand upon thousand."

Concerning man we are told in Kohelet 6,6, ואלו חיה אלף שנים פעמים, "if he had lived a thousand years twice, etc." The wording we would have expected would have been: "if he had lived two thousand years, etc." Why this peculiar wording? There are three levels at which life is lived, i.e. מעשה, דבור, מחשבה, and man has been equipped with נפש, רוח, נשמה, which can be termed as עשיה, יצירה, בריאה, to enable him to live his life at these various levels, as we know from the Zohar and the book Reyshit Chochmah, both of which explain this at length. The spiritual aspect of מעשה, deed, is related to נפש, whereas the spiritual aspect of דבור=study, is related to רוח, i.e. the world of יצירה. Finally, the spiritual aspect of מחשבה relates to the spheres of בריאה and נשמה, something still further removed from anything physical, tangible. The latter, i.e. the נשמה is destined to return to its origin under the כסא of G–d, whence it had been taken prior to entering a human body. A select few can reach the sphere of מחשבה דמחשבה, the region of נפש, רוח, נשמה of the עולם האצילות.

When Shemot Rabbah 32,6, tells us that upon performance of "one" מצוה G–d provides "one" protective angel, it refers to the achievement most people are capable of, i.e. performance of all מצות, at the lowest or עולם העשיה level. The Midrash certainly does not refer to the performance of only a single one of the 613 commandments. The degree of spirituality granted to such people is within the realm of the angel Sandalphon.

If someone achieves performance of "2 commandments," i.e. performance at both the מעשה and למוד level, he is granted "2 angels," i.e. the realm of Mattatron, in addition to that of Sandalphon, thereby elevating such a person to the עולם היצירה. These two angels represent the סוד, mystical dimension of the full יוד, as explained earlier, i.e. that they can be viewed as צל, shadow of the בריאה/אצילות level. The reason the Midrash said assah, instead of osseh, in the present tense, is because performance had then become the result of study, i.e. גדול תלמוד שמביא לידי מעשה (Kidushin 40).

As soon as a person has studied how to perform the מצוה, he is deemed to have performed it. He has become an assah rather than an osseh. This is especially so since the Torah contains many commandments which are simply impossible to fulfil for the average Jew, either because he would have to be a priest in order for them to apply to him, or that he would first have to be guilty of a variety of sins in order to commence rehabilitation procedures, many of which are counted as separate commandments. In all those instances, study enables such a person to be considered as having performed the commandment in practice. I have elaborated on this theme under a different heading elsewhere.

The "one" angel then is the one of the "thousand" that is represented by the עולם העשיה.

The person who is described as having performed "two" commandments, acquires "two" angels, i.e. "two thousand," as represented by the עולם היצירה. This is the meaning of the reference quoted from Psalms 68,18, quoted above.

The third statement of the Midrash, that if one performed "many" מצות, etc., refers to the realm of מחשבה something superior to דבור/תלמוד, the mastery of the philosophy behind the מצוה, not the study of the details of its performance. The spirituality achieved by people capable of that is unlimited, extends to the realm of the עולם הבריאה, i.e. חצי מחנהו, one of the יוד forming half of the dual יוד of בריאה/אצילות.

In other words, such people penetrate to one half of the ribotayim mentioned in Psalms 68,18. This is why the verse in Psalms 91,7 is quoted, since it speaks of revavah =ten thousand, instead of rivotayim, twenty thousand. The meaning of Kohelet 6,6, in which even twice a lifetime of one thousand years is described as ultimately futile, is that unless one achieves רבבה, the level of עולם הבריאה, one has failed to achieve one's goal, i.e. half the “full yud.”

The select few manage to penetrate to an even higher level, i.e. the level of the yud in its full sense equivalent to the שקל הקודש, as we explained earlier. The reason the Torah calls for a contribution of only half this שקל הקודש (Exodus 30,13), is that most people are not able to attain a higher level than that represented by such a half שקל. Psalms 68,18, describes this dual yud when mentioning רבותיים instead of רבבות. There was no need for the Torah in פרשת כי תשא, to describe the שקל as a half שקל and spelling out that a whole שקל contains 20 geyrah, except to remind us of the fact that G–d's input into a human being is limited to ten parts out of of twenty. This means that the "holy" component of a human being to start with is only 50%. Man can be compared to a two sided coin. The scriptural hint for this is תתהפך כחומר חותם (Job 38,14), "it turns over like clay under the seal" (which has a seal imprinted on it). The body thus is viewed like the coin, i.e. the receptacle for the imprint the soul makes upon it. In its most elevated state the soul is to be viewed like G–d's imprint on the body. This is what our sages meant when they said that the soul resembles G–d in five ways. This is also the deeper meaning of our sages in Shekalim 4, saying that G–d showed Moses a fiery coin since He Himself is compared to consuming fire (אש אוכלה, Deut. 9,3). The Jewish people purchased the daily communal sacrifices from the money raised by these contributions (half-שקל). This is perhaps why these sacrifices are described as, אשה לה' "a fire offering to G–d (Numbers 28,3).

I will discuss this in greater detail when explaining Parshat ויקרא. The Kabbalists have explained that the נפש/רוח/נשמה relationship is similar to the relationship of ישראל/לוי/כהן. This is also the deeper significance of the tithe, מעשה, being one tenth of the harvest, whereas the gift by the Levite to the Priest, i.e. מעשר מן המעשר, being a tenth of the resulting מעשר (also known as תרומת מעשר), is one hundredth. When the Torah calls the half-שקל in Parshat כי תשא "a gift to G–d", תרומת ה', it means it is a תרומה of the תרומת מעשר, i.e. one half of one per cent. Man's value when fully adult, (between the ages of twenty and sixty) is fifty שקל (compare the erchin legislation in Leviticus 27 ,3). One half of one per cent of those 50 שקל (or 100 times 1/2 shekel) equal the half-שקל that we are asked to present as a תרומה to G–d in Parshat שקלים. This then is like the כהן who receives one per cent of the harvest as tithe. One may view this one percent as sort of a distillation of the whole (since only the zeroes have been omitted from the number 100), and just as the כהן represents the elite of the body of Jewish people, so the נשמה represents the elite of the intangible life-force of the Jew.

It is furthermore worth considering that the contribution of the half-שקל expresses the holiness of our bodies which were created for the Service of the Lord through studying Torah and performing its commandments. It would indeed be wonderful if it were possible for man to do without such mundane activities as eating and drinking, and thereby to be free to engage exclusively in the service of G–d. Torah however, has not been given to the ministering angels. We must at any rate endeavour to minimise the time devoted to the mundane aspects of life so as not to appear as serving the Lord only for the promised reward.

In our Parshah we find that the standard value of a male Gentile slave is thirty שקלים. This is the amount that has to be paid to the owner as כופר נפש, "soul's ransom," if such a slave has been killed. All that G–d has asked from each Jew for His share in the cardinal sin of the golden calf is one 60th of that amount. This symbolises that we are to be prepared to make do with the equivalent of a half-שקל to sustain our needs during the 6 weekdays. The Mishnah in פאה 8,7, stipulates therefore that the gabba-im in charge of distribution of food to transients must not allocate less than the size of a loaf costing a pundian at the time when the price of grain is four sa-ah for a selah. Four sa-ah=24 kabbin, since a single sa-ah = 6 kabbin. The selah itself is equal to 48 pundians. This amount of bread is supposed to be sufficient for the number of weekdays in a month (1 kav=2200 ccm). Allowance is made for the cost of labour and baking, so that the amount of actual bread represents somewhat less than the gross amount of grain before grinding into flour. The baker, therefore, cannot sell a loaf the size of half a kav for only one pundian. The reason a month is considered the relevant unit for this calculation is that in Exodus 30,13, the Torah says זה יתנו וכו'. The word זה equals 12. In other words, there is a direct link between twelve and the מחצית השקל, the number twelve representing the months in the year (otherwise it could have stipulated that the contribution should be annual). Every month of the year is considered a separate unit. The first day of the month of אדר was the date on which the new contributions were called for. They fell due on the first day of ניסן. Having already in mind the contribution of the חצי שקל one month before it is actually made, sanctifies such a person and makes all the food he consumes as if he were consuming part of a sacrifice, i.e. something dedicated to G–d.

Since food consumed on the Sabbath is anyways on a higher plane, having been sanctified by the very presence of the Sabbath, it need not be part of the calculations we have just outlined. The Gentile slaves, whose entire lifestyle is based on receiving material compensation for services rendered, are valued at thirty shekel each, i.e. sixty times the amount needed for minimal subsistence for the average person for the weekdays of each month. This is why the Torah sets his כופר נפש, soul's ransom, at 30 shekel as we read in Exodus 21,32 (The concept of בטול, reduction to the point of total insignificance in reverse).

To return to the principal subject matter of our Parshah. We have already pointed out in our commentary on Parshat Shemot under the heading of שובבים ת"ת, that this Parshah represents in the main the "pillar" of דין, see the Mishnah in אבות 1,18, that the world endures if three pillars continue to stand, i.e. אמת/דין/שלום.

There are numerous references to this in our Midrashic literature. Shemot Rabbah 30,11, quoting Job 23,3-4, "would that I could find Him, reach His dwelling place, I would set out my case, משפט, before Him, fill my mouth with arguments," explains this in the following parable. A drunken prison guard rebelled, opened the gates to let the prisoners escape, cursed the picture of the ruler, and demanded to see the king, threatening that he would tell the king to his face what he thought true justice should be. He even went as far as stoning the king's image. He was shown the ruler sitting on a platform, dispensing punishment to a lady of aristocratic bearing, he observed the king handing down a verdict against his provincial governor, etc. At that point the palace guard became frightened and apologised, explaining that his drunken stupor had been the reason for his outrageous conduct, which included not recognising his king when he saw him. Similarly Job 23,4. When Job cursed the day he was born (Job 3,3/4) he in fact cursed the angel in charge of who will be born when and under what mazzal. This angel is called לילה. Later on Job reflected how G–d had punished Miriam for speaking out against Moses (Numbers 12,10); he further observed how G–d had punished Moses not allowing him to enter the Holy Land because he had struck the rock instead of merely speaking to it (Numbers 20,12). He also noted that G–d had blinded Isaac (for having loved the wicked Esau), see Genesis 27,1. He realised moreover that G–d had punished Abraham for having asked: "how do I know that I will inherit?" (Genesis 15,8) G–d had responded by telling Abraham that his descendants would be slaves in a foreign land for four hundred years before being liberated (Genesis 15,13). G–d had also קרב קיסין, struck at Jacob with a piece of wood, causing the latter to limp as a result of the nocturnal encounter with the שרו של עשו, the guardian angel of Esau, to use the words of the Midrash. When Job had reflected on all this, he begged G–d's forgiveness for having spoken out rebelliously, and he excused himself by having been drunk. This is why it says in Job 19,4: “ואף אמנם שגיתי, אתי תלין משוגתי,” If indeed I have erred, my error stays with me overnight." All of this, because he did not realise the power of דין. So far the Midrash.

How does this Midrash fit in with the opening words of our portion, ואלה המשפטים? Besides, why did the Midrash bring so many (5) examples of people who were punished, and why is the order in which those people are listed so peculiar? The order Miriam, Moses, Isaac, Abraham, Jacob, certainly needs some explanation! One cannot say that the punishments listed represent some ascending or descending order of severity, since "blinding" is certainly less severe than banishing Moses from entry into the Holy Land! Most commentators are also agreed that Genesis 15,13, is a prediction of what is to come, not a punishment for Abraham whose faith had not wavered. It is rather a promise that his descendants through the experience in Egypt would qualify for liberation and possession of the Holy Land after they had experienced the revelation at Mount Sinai and had accepted the Torah. Jacob's "punishment" was certainly quite minor and brief, since Genesis 32,32, tells us that the "sun shone for him because he was limping," i.e. he was cured by Divine intervention.

If we take this Midrash at face value, the meaning of it is that "kicking at the true judge and releasing prisoners," means that the palace guard released the guilty. "Stoning the image of the king," means rebelling against the judge who is called אלוהים by the Torah, and who has been created in the image of G–d. The word אלוהים at the very least means that the judge is the representative of the Ultimate Judge, i.e. G–d Himself, even when the term is applied to a human being. The judge, after all, represents Heavenly Justice. The reason Moses was called איש האלוהים was only because he had been delegated by G–d to be the judge of His people. Moses in turn, had conferred that authority on Joshua, who in due course conferred it on the judges.When Moses had told G–d in Exodus 17,4, עוד מעט וסקלוני, that Israel was almost at the point of stoning him who was G–d's representative, he meant that Israel was about to curse G–d by stoning him (Moses). The word שלטון, ruler, in the Midrash refers to the most distinguished judge.

We read in our Parshah (22,27) אלוהים לא תקלל. The Midrash's connection with our Parshah is now clear.Once the rebellious palace guard in our parable, or Job in the counterpart, saw that the king, i.e. G–d, played no favourites, punished the aristocrats as well as ordinary mortals without regard to their station in life, his fear, i.e. respect for G–d, became real.

A true judge must possess five qualities.The words ואלה המשפטים, really hinge on those five qualities a true judge must possess. The word לפניהם in that verse is best understood along the lines suggested by the author of צרור המור on Exodus 18,16, כי יהיה להם דבר בא אלי ושפטתי בין איש ובין רעהו i.e. "When they have a matter (on their mind) he comes to me and I judge between man and his fellow man." The words really should have been "they come" i.e. באו אלי instead of the singular בא. Rashi simply states that בא is the object of the word דבר.

The צרור המור however, makes G–d the subject, i.e. the litigant really comes to G–d, as if Moses had said "when a matter needs to be judged by G–d, the litigant comes to me (Moses) to present his arguments. When that happens, I do not listen to him, but wait until the other litigant, his opponent, is also present." This is independently confirmed in Deut. 1,16. Our Rabbis have warned insistently that judges must not hear an argument unless both sides are present; they even ruled that failure to observe this rule is equivalent to violating the commandment "לא תשא שמע שוא" (Exodus 23,1). This is the reason why the first verse in our Parshah states תשים לפניהם, "place before them." Furthermore, Moses told Yitro (18,16) that even if a similar problem as that which is now בא אלי, had been judged by him on a previous occasion, he would not simply use that precedent to hand down an identical verdict, but would consider this case on its own merits, i.e. ושפטתי בין איש ובין רעהו, because no two cases can be entirely alike. The judge must consider the respective personalities of the litigants. This too is the meaning of אשר תשים לפניהם. Another possible meaning of the word לפניהם could be that the matter should be judged forthwith, the judge should not say that he will deal with it when he gets around to it in his own good time.

Shemot Rabbah 30,13, when explaining the verse in Proverbs 29,4, מלך במשפט יעמיד ארץ, ואיש תרומות יהרסנה, quotes Chronicles II 19,6, where Yehoshaphat tells his judges to remember that when they pronounce judgment they are not in the employ of man, but in the employ of G–d, and that G–d is with them (they need not be afraid). That same Midrash continues to explain that the meaning of the latter half of the verse quoted is that if a scholar who has mastered all the disciplines of Torah learning should be approached by a widow or orphan to adjudge their grievances and refuses, citing his pre-occupation with his studies, he is in fact destroying the fabric of G–ds world, instead of becoming a partner to G–d in His creation. The word תרומות then is understood to mean aloofness (derived from the heave offering which has to be "removed," or separated from the main body).

To come back to the five qualities that a judge must possess; two of these five qualities are part of the makeup of the judge's character, whereas two others have to do with the respective litigants he deals with.

1. He must be of what the Talmud in Baba Metzia 107, describes as the קשוט עצמך, ואל קשוט אחרים type, i.e. "straighten yourself out before you try to straighten out others." 2) He must be naturally courageous, even if his decisions are apt to offend some important people and cause him to fall into disfavour with such people.

3. He must be aware that an honest decision makes him a partner of G–d in His creation of the universe, whereas a dishonest decision would cause G–d's Presence to depart from Israel, G–d's people. Any judge who illegally deprives a litigant of material things, giving them to the guilty party, will be punished by G–d in that נפשות, lives, will be cut short among members of his family. Should the judge, on the other hand, refuse to preside over litigation for fear of exposing himself to these dangers, the verse in Chronicles II 19,6 ועמכם בדבר משפט is to reassure such a judge that G–d will be with him (compare Shabbat 10, Sanhedrin 7). A judge is only held responsible for matters his eyes could see (Sanhedrin 6). He is not required to be omniscient. 4) There are occasions which call for the application of a judge's common sense, i.e. weighing probabilities. (Details of such occasions are spelled out in Tur Shulchan Aruch Choshen Mishpat section 15, based on Maimonides). This applies particularly when the judge is convinced that the claimant is a swindler, but is unable to prove it, or is unable to prove that the witnesses lied. The witnesses may even be telling the truth and the claim may still be false. In such a case the judge must disqualify himself, possibly even suggest that other judges should not entertain such a claim. He must not say to himself that any miscarriage of justice will be due to the witnesses' testimony and is not his responsibility. In such cases the name for the judge, אלוהים, is especially appropriate, since the Torah says כי המשפט לאלוהים הוא, that in the final analysis justice is G–d's business (Deut 1,17). The rule mentioned applies only when in the estimation of the judge it is the claimant who appears to be a swindler. When the defendant appears to be the rogue, the judge must on no account disqualify himself from sitting in judgment, but must make every endeavour to unmask the defendant who tries to swindle the claimant. Our sages have said in Baba Metzia 30 that Jerusalem was destroyed because [among other things Ed.] the judges "based themselves only on דברי תורה," i.e. the letter of the law instead of also considering the spirit of the law. The judges must take emergencies into consideration,such as the spiritual level of the generation during which the judge lives. I have explained this in detail on the relevant verse [see Parshat Shoftim, page 201 in the edition used by me. Ed.].

The beginning of Chronicles II 19,6, which we have quoted, reads "the king said: ראו מה אתם עושים i.e. "see that what you are doing is judging as the representative of G–d, not as the representative of man." The reason the king said ראו, is A) that he wanted the judges to refer to a written text, i.e. to look in the שולחן ערוך, B) that he also wanted them to use their common sense, i.e. "see."

5. The fifth qualification that a judge has to possess is that he must explain the reasons that prompted him to hand down a particular verdict to the party he found guilty so as to prevent such a party from complaining about the system claiming he had been the victim of an injustice. Although the latter is not a legal requirement, the author states that his own father had taught him that this was based on the Talmudic statement that מאן דאזיל מבית דינא ליזמר וליזל. "He that leaves the Court should feel like making music upon his departure." This can only be so if the judge made the convicted party see that true justice had been done. In such a case the judge became a partner with G–d in creating the universe, since when G–d had completed the universe, every creature was not only content with having been created as such, but the donkey was glad not to have been created as a human being, i.e. he appreciated his particular function in the scheme of things. Similarly man was happy not to have been created as a planet, and the planets were happy not to have been created angels.

Concerning the first of the five qualities of judges, that of "קשוט עצמך," i.e. "straighten yourself out, etc.," we find in Exodus 18,21 that Yitro gave certain guidelines to Moses regarding these qualities. Beginning with the first one, i.e. "you shall look for אנשי חיל," "you shall look for men of courage," these are a list of qualities which the judge expects those facing him to possess. Courage in this context would be the preparedness to give testimony regardless of unpleasant social or financial consequences for the witness. For this very reason, the very same steadfastness of character is expected of the judge himself, who must not be influenced by flattery, attempts to bribe, etc.When the judge expects a witness to be ירא אלוקים, G–d fearing (the next qualification in that list), the practical meaning is that a witness must not swear to something he is not absolutely sure of (i.e. something that only G–d can be sure of). Similarly the judge must be certain in his own conscience that he has no ulterior motive when arriving at his decision (seeing only G–d can evaluate his conscience).

The four requirements listed by Yitro in that verse, apply to the other four qualifications judges must possess. The term אנשי חיל, is meant in the sense that we find in Samuel I 18,17 when Saul told David to be brave, courageous. A different order of these four qualities. The words אשר תשים לפניהם at the beginning of our Parshah, are meant to tell the judges that it is not sufficient to hand down a verdict, but one must first explain the reason for such a verdict.

The requirement in (18,21) of יראי אלוקים, refers to the third of the qualities a judge must possess, namely that he must not be dogmatic in his approach. We have a tradition that under normal circumstances, i.e. חזקה, a debtor does not repay a loan before a due date [especially since he has nothing to gain, not paying interest on the loan. Ed.]. A case may come before the judge when the debtor claims to have prepaid, the judge believes him, but the debtor is unable to prove his claim. Another situation that may involve the יראי אלוקים requirement may be one when the accepted practice of המוציא מחברו עליו הראיה, that he who wants to be paid from his fellow man must produce proof, cannot be applied, since the nature of the case makes it unlikely that the claimant has proof. In either case, if the judge is convinced of the honesty of the litigant, the Torah tells him to act like אלוקים, i.e. G–d who is omniscient. He may have to explain why he hands down a verdict without the necessary legal requirements having been met. This is one aspect of what is called הוראת שעה, emergency situation. This is what king Yehoshaphat had in mind in Chronicles II 19,6, when he assured the judges that G–d was with them, i.e. would assist them in arriving at a true verdict. Under such circumstances it is, of course, even more important for the judge to explain the reason he handed down a certain verdict.

Now to the third of Yitro's requirements, that there be אנשי אמת. It is obvious that he did not need to mention that people should tell the truth, rather he referred to the outlook of a person, i.e. whether he always strives to arrive at the truth. It is this latter quality that the judge must possess.

The fourth of Yitro's requirements, that they be שונאי בצע, abhor unjust gain, refers to a quality such as demonstrated by David who is described as performing "justice and charity simultaneously." (Samuel II 8,15) It says there: ויהי דוד עושה משפט וצדקה, and the Talmud in Sanhedrin 6 on that verse explains that David first handed down a verdict based on justice. When he found the convicted party too poor to pay the judgment he would pay the judgment out of his own pocket. The reason he did so was that he was afraid that he might have erred and then the convicted litigant would certainly not be able to walk away happy from Court, as we had stated earlier that he should. Midrash Shemuel, commenting on Psalms 119,121, in which David is reported as having prayed: “עשיתי משפט וצדקה, אל תניחני לעושק," "I have performed justice and charity, do not hand me over to the oppressor," explains that David prayed that his charitable nature should not be taken advantage of by those wicked ones who knew him.

The Midrash which we quoted above, and in which five people close to G–d were each reported as having been punished by G–d, concerned itself also with the five qualities which must be possessed by a judge, and demonstrated how G–d possessed and demonstrated these five qualities in dealing with Miriam, Moses, Isaac, Abraham and Jacob. G–d did not show favoritism even to people as close to Him as Miriam and Aaron. If Miriam, Aaron and Moses had not displayed fear in dealing with people, litigants, etc., and acted like אנשי חיל, certainly no less could be expected of G–d Himself. The fact that Moses was of the calibre of אנשי אמת, is testified to by G–d Himself, when He said of Moses בכל ביתי נאמן הוא (Numbers 12,7). The quality of שונא בצע is hinted at in the judgment executed on Miriam. On the one hand Miriam was punished for her error, on the other hand, seeing she was such a deserving person, the people delayed their departure until she could join them again (verses 15,16).

Some commentators even claim that the tribe of Yehudah had already begun its journey, but was forced to return in her honour. The author of צרור המור writes at the end of Parshat Beha-alotcha, that there was an element of מדה כנגד מדה in this, since it was Yehudah who had exclaimed at the time the brothers wanted to kill Joseph "מה בצע כי נהרוג את אחינו … לכו ונמכרנו" "what profit is there in killing our brother, let us rather sell him!" This comment was held against him (Genesis 37,26). Miriam, by her very nature ignored material gains, as is evident from the danger she put herself in when defying Pharaoh's instructions to kill all male Jewish babies. On the contrary, she actively helped them survive. The repetition of the statement ותחיינה את הילדים in Exodus 1,18, suggests that she provided victuals for them out of her personal funds. This is why she experienced the honour of the tribe of Yehudah returning to wait for her until she had been healed of her צרעת.

Isaac was legally correct in wanting to bless Esau his older son, but he erred, since when the judge's eyes tell him differently from what he reads in his law books he is supposed to act in accordance with what he sees, as we have explained earlier. After all, Isaac must have been well aware that Jacob was more righteous than Esau, and he should have acted accordingly. However, he refused to see.

Concerning Abraham: It is well known that Israel's enslavement in Egypt was not a punishment by G–d for sins committed but an emergency they found themselves in. G–d wanted to demonstrate His existence, His power, etc. Israel had become the means for G–d to do so and to bring about a new world order, i.e. חדוש העולם. We have explained this at length in our commentary on Parshat Shemot, שובבים ת"ת. All of this was demonstrated by Israel's exile and subsequent redemption.

The denial of Moses' plea to be allowed to cross the Jordan and to have the decree to die outside the Holy Land annulled, was a demonstration of courage and steadfastness, the quality of אנשי חיל.

Jacob, on the other hand, had gracefully accepted his injury without protest, and as a result Israel was given an additional מצוה, not to eat the גיד הנשה, to commemorate Jacob's quality of cheerfully accepting a rebuke. He is the prime example of how to walk away from a guilty verdict in a happy frame of mind.

To sum up: The merit of cheerfully accepting G–ds judgment, may help us to experience the redemption sooner.