Wednesday, February 6, 2013

A thought on Parshas Mishpatim

The Talmud (Tractate Shabbat 88a) offers a “derash” (exposition) from R. Eliezer:
“When the Jewish people precede Naaseh, we will do, before Nishma, we will hear (the phrase at the end of Parashas Mishpatim, being “We will do/we will hear”- Exodus 24:7) a voice from Heaven comes forth and asks: Who has revealed to my children the secret used by Angels: It is written ‘Bless Hashem Angelic beings, mighty of power, doing his word, that hear the voice of his word (Psalms 103:20); the Psalm says “do” and then “hear” “

R. Eliezer offers a great praise, that a near spontaneous outburst after revelation puts all of the Jewish people on the level of Angels and elicits a direct, additional call from the Heavens of approbation after revelation.

The Maharal (R. Judah Lowe of Prague) finds in this something positive and less positive. On one hand, this is praise that the Jews can perform the commandments at an effective and complete level, inherently, and then pursue deeper meanings and connections within them.

On the other hand, Angels represent nearly pure action: their deeds and presence leave very little room for choice. Angels perforce “do”; “Shmeiah”, hearing, beyond that is something ethereal that can’t reconcile with our mode of “hearing”. The Psalm that R. Eliezer cites can’t quite apply to humans.

When we “hear”, Shomim in Hebrew, we are operating in one of three ways: We physically hear, we come to an understanding, or we come to some level of action that translates from having heard. Our “Shomea”, hearing, represents a full cognitive gamut that represents the human disposition, our capability distinct from that of Angels.

So we can’t fully perform “Naaseh vi Nishmah”. We have choice and will, and our actions aren’t dictated; we arrive at an action after understanding and recognition. As wonderful as it is to be considered near-Angelic, we fall short of being Angels-in-action. We’re much more brooding, pondering, questioning humans, who somehow have to arrive at doing the right thing.

The Maharal and R. Kook arrive at similar answers to this question. Our world is one where some amount of information must precede a deed (one hopes…). The world of the Jewish people, who already were established as a covenantal community, are in fact Hashem’s children, and have the capability, the spark, to do the commandments. R. Kook emphasizes that the ultimate expression of the covenant is the learning that follows our action. Emphasis on “Shmeiah” hearing, or listening, as a mere preparation for an action can allow us to perform  a commandment, and then walk away. The Shmeiah that comes after the Asiah, deed, is at a higher level and informs the action just done, and others that come after it.

Does this have anything to do with “Mishpatim,” legal ordinances? Absolutely. R. Elchanan Samet notes that the Parasha details laws in a hierarchy: laws first about humankind, then sentient life, vegetation and finally, inanimate objects.  The Torah imposes this ordering, but it represents as well a challenge for us to go further. The laws in Parshas Mishpatim provide the foundation, the basics, the Naaseh; we are beckoned to go further, to learn more from these ordinances and to deepen our understanding of, commitment to, and action on behalf of the hierarchy they represent; that is our Nishmah.

Guest posting by
Justin Hornstein

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