“Now these are the rules that you shall set before them.” (Exodus 21:1)
Naturally, we tend to read this verse as a continuation of the previous Torah Portion, which included the giving of the Torah and the Ten Commandments. However, through generations, commentators have asked whether Parashat Mishpatim might have actually preceded the giving of the Torah.

In last week’s Torah Portion, Yitro notices the governmental burden on Moses who essentially serves as the sole governing authority, and deals with all of Israel’s difficulties. Yitro is aware that such a system is bound to collapse in no time, both from the perspective of Moses’, as well as the people’s:

“What you are doing is not good. You and the people with you will certainly wear yourselves out, for the thing is too heavy for you. You are not able to do it alone.” (Exodus 18:17-18)

Even if Moses were especially strong mentally, the burden would eventually still break him, because people consulted with him from the morning until the evening. Yet, the people would suffer eventually, too, as they were in need of justice. If Moses would’ve been unavailable to judge, or if court dates would be too long of a wait, people would start seeking alternative advisors and judges, which would eventually lead to a parallel governing system that would ultimately overshadow the original system. Yitro sees this, and advises Moses to establish a judicial system.

King David’s judicial failures
On a similar note, in the time of King David there were issues with the judicial system which allowed for the rebellion of Absalom who "stole the hearts” of the people (2 Samuel 15:6). How did he win the people over? Absalom would rise early every morning and sit at the city gate. Whenever someone would come for judgment, Absalom would say: "You know that the judicial system is slow, inefficient, and seeks compromises and plea bargains rather than justice."

Absalom added that, as the king’s son, he would gladly provide justice that was fair and quick. And what happened?

“Absalom acted toward all Israel who came to the king for judgment. So Absalom stole the hearts of the men of Israel.” (2 Samuel 15:2-6)

Absalom was well aware that it was difficult for the people to deal with a cumbersome and inefficient judicial system.

Salomon’s request for wisdom
King David was succeeded by Solomon, the wisest of men. Remember how God offered him one request, any request? Solomon chose wisdom, and as a result, was granted wealth and honor, too. And yet, Solomon didn’t ask for just any wisdom, but rather for wisdom to judge righteously:

“So give your servant a discerning heart to govern your people and to distinguish between right and wrong. For who is able to govern this great people of yours?” (1 Kings 3:9)

Back to Moses and Yitro’s advice
In the previous Torah Portion, Moses listens to Yitro’s advice to select capable men and establish a judicial system. Then Moses gathers the Elders of Israel and teaches them the series of laws we read about this week, after which the glory of God descends on Mount Sinai (to which Moses ascends for forty days). The text presents this in such a way that it’s unclear whether Parashat Mishpatim comes before, or after, the giving of the Ten Commandments.

Yeshua calls us to embrace the Torah
Yeshua and the New Testament did not abolish the Torah and the Prophets. Meaning, a believer does not need to choose between Moses and the New Testament. Yeshua teaches us to embrace God’s Torah fully and faithfully, and to internalize and also ‘live by it’.

Measure for measure
In fact, the New Testament provides us with an additional perspective on the Torah. Yeshua quotes “eye for eye, tooth for tooth” This commandment was written to restrain vengeance and to limit punishment, and follows the rule called ‘measure-for-measure’, which essentially defines the measure of punishment. One of the goals is avoiding disproportionate revenge, which could escalate to a cycle of retaliation. And so, through a single commandment, God sets a limit to violence.

Besides punishment, the New Testament illuminates another possibility. Yeshua says that, while you’re entitled to justice, you don’t have to demand the maximum punishment against the one who wronged you. There is an alternative which enables us to forgive and relinquish, or to request a symbolic penalty.

It isn’t about third-party damage
Yeshua doesn’t encourage us to refrain from defending our property or our families. On the contrary, we must do everything in our power to protect our belongings, our families, our nation, and our society — including by means of military service and civic duty.

Yeshua doesn’t ask us to forgive a thief or a rapist, and refuse to report them. On the contrary — if we’d do so, the perpetrator would go free and continue to harm others. Instead, Yeshua speaks about personal offenses, where we’re personally persecuted because of our faith, identity, or race.

Showing compassion to sojourners
Parashat Mishpatim includes a well-known verse, which is repeated in various forms throughout the Scriptures:

“You shall not oppress a sojourner. You know the heart of a sojourner, for you were sojourners in the land of Egypt.” (Exodus 23:9)

We are called to be sensitive to sojourners, because we were strangers, too. Not only in Egypt, but Israel has suffered all around the globe. Yeshua request to avoid revenge and to rid ourselves of hatred. If someone - at work or anywhere else - wrongs us personally, and even when it’s done on purpose, Yeshua asks us to contain our reaction. But what about an offender who is likely to harm others?

Holding offenders accountable
Perhaps you’ve heard the phrase: “he who is compassionate to the cruel, will be cruel to the compassionate”. This phrase is first taught regarding King Saul, who spared the Amalekites despite God's command. Then later on, he mercilessly killed the Priests of Nob in the exact manner he was supposed to deal with Amalek.

The message is clear: if we fail to hold offenders accountable, whether for theft, assault, exploitation, or harassment, we’ll actually enable more harm!

Justice must be upheld and mercy is important. In fact, God's demand true justice, which includes the need to examine the facts without bias. We must ensure that our communities and places of worship remain safe and not allow them to become hunting grounds for criminals.

Justice must be impartial, as the Torah commands:

"Do not show favoritism to a poor person in a lawsuit,” and “Do not deny justice to your poor people in their lawsuits.” (Exodus 23:3, 6)

We’re commanded to be compassionate and judge righteously, without bias towards the rich and the powerful, but also without automatically siding with the poor.

The world often sides with the underdog, from the assumption that the weaker party is always right. This is evident in international conflicts. Israel is perceived as the stronger party, and the world often sides with the Palestinians as the weaker side, regardless of the facts. This is why justice must be objective. We’re called to maintain a compassionate heart while making decisions based on truth and righteousness.

Peace within relationships
Let’s conclude with the concept of peace within relationships. Yeshua commands:

“But I tell you, love your enemies and pray for those who persecute you” (Matthew 5:44)

Parashat Mishpatim echoes this idea:

“If you see the donkey of someone who hates you fallen down under its load, do not leave it there; be sure you help them with it.” (Exodus 23:5)

By helping our enemy, we can transform hostility into friendship. Yeshua calls us to recognize the struggles of those around us, extend a helping hand, and bring healing to the world.