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In G.D we trust
In this week's Parsha, Mishpatim, the Torah introduces us to the set of laws that relate to man's interaction with his fellow man. Many of the laws deal specifically with monetary concerns such as the rights and responsibilities that neighbors have to one another as well business relationships and such. Every civilized society must have an area of law that addresses these issues. It provides the infrastructure within which daily life can operate.
The Midrash points to the usage of the words in the introduction of the Parsha to indicate that the Torah makes a specific notation to inform us that just as the Ten Commandments were given to us at Mount Sinai in a state of HaShem's revelation, so too this week's Parsha of Mishpatim was also given at Sinai with the same revelation.
The question is why do we need to know that the civil laws were given at the revelation of Sinai? If they are laws that work who cares from where they came? Furthermore, there is a very difficult law that is referenced in our Parsha as follows. If one Jew has an issue to settle with his friend they must go to a Jewish court that uses the Torah to decide the question. And even if we know that the local non-Jewish judicial system follows the very same laws as the Torah they are nevertheless prohibited to go to the non-Jewish court.
The question is why? If the laws are the same as the Torah what could be wrong; the outcome of the judgment in the non-Jewish court will be identical to the outcome of a Jewish court, what wrong is being perpetrated?
To answer this question we must understand and appreciate an underlying principle in Judaism. As intelligent as the Jew is and has been and will continue to be, he must never operate on reasoning that makes sense to himself but rather only on reasoning that is dictated by HaShem. This is not to say that we should not use our own intellect - No! We must use our intellect to guide us where there is no direct instruction from HaShem and His Torah. However, where the Torah does give us direct instruction we follow the letter of the Law even when it is in contradiction with our understanding.
This is the reason why it was critical that we understand that these civil laws were part of the Sinai experience; so that we recognize these laws as being expressions of His will. These laws transcend Human insight and understanding.
Ah! I can hear the noise in the background "We are among the wiser people on Earth, why must we lay our intellect at the feet of HaShem and let Him decide right and wrong? Have we no intellect of our own." But the answer is that the greatest human intellect which may found on this planet does not begin to approach HaShem's infinite intelligence. And hence, the greatest act of intelligence is specifically to lay down our inferior intelligence at the feet of HaShem's infinite intelligence. Perhaps this is why we are instructed not to take our issues to the non-Jewish courts. Such action is tantamount to saying that man's insight is equal to or greater than the Torah's.
Finally, the wisdom of the Jew is not his intelligence; it is his humility to be able to subject himself to the intelligence of HaShem.
Have a wonderful Shabbos.
Paysach Diskind
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