In Mishpatim, the Torah makes an abrupt switch. Yitro deals with great, universal topics: the Divine revelation at Sinai, and the Ten Commandments (or more accurately, the Ten Sayings). From these fundamental principles, the Torah suddenly descends into detailed laws of everyday life. In Mishpatim, we read about slaves, thieves, and kidnappers; laws for personal injury, damages, and negligence; legislation for lending money and borrowing articles. It is not enough to believe in Judaism's general principles. The Torah's ideals must permeate all aspects of human existence.

Lest one think that the two portions are unrelated, the end of Mishpatim returns to the saga of Sinai, completing the story started in Yitro. God tells Moses:

"Come up to Me, to the mountain, and remain there. I will give you the stone tablets, the Torah and the mitzvah, that I have written for the people's instruction." (Ex. 24:12)

What exactly are "the Torah and the mitzvah" mentioned here? Are they just the Ten Sayings that were carved on the stone tablets?

All from Sinai

Rabbi Shimon ben Lakish explained that each term mentioned in the verse refers to a specific area of Torah:

"'The stone tablets' refers to the Ten Sayings; 'the Torah' is the Five Books of Moses; 'the mitzvah' is the Mishnah; 'that I have written' refers to the Ketuvim (the Hagiographa section of the Bible); 'for their instruction' is the Talmud. This teaches us that all of these were given to Moses at Sinai."  (Berachot 5a)

Clearly, Rabbi Shimon did not mean that everything was explicitly revealed to Moses. The Midrash relates that God once showed Moses a vision of Rabbi Akiva, the renowned second-century scholar, lecturing to his students. Moses became very distressed when he realized that he was unable to follow the lesson. Then he heard one of the students ask Rabbi Akiva, 'Our master, what is the source for this law?' When the great scholar replied, 'It is law from Moses at Sinai,' Moses was immediately relieved (Menachot 29b). The specific case was unfamiliar to Moses. But Rabbi Akiva affirmed that its true, ultimate source, was Mount Sinai.

Similarly, Rabbi Shimon's point is that the Oral Law, the Mishnah and the Talmud, are faithful applications of Sinaitic Law in the realities of life in second-century Eretz Yisrael and fifth-century Babylon. Not adjustments to the Torah to accommodate new times, but careful application of the guidelines set down at Sinai.

Rav Kook asked an interesting question: Why were the Ten Sayings written on stone tablets? Why does the Torah mention here the raw material for the tablets?

Applying the Torah, not Adapting It

One might think that it is only necessary to be faithful to the inner spirit of the Torah — that is the essence of Judaism. The details, the intricate laws of conduct, however, are a function of the prevailing culture and society. They must be adapted to fit the needs of the day. In other words, we need not be overly concerned with the detailed legal code of Mishpatim. What is important is to follow the general spirit of Yitro.

Therefore, the Torah relates that the tablets were made of stone. According to the Midrash, it was not just any stone, but sapphire. This material was so strong, that a hammer swung against them would be smashed to pieces. God gave Moses tablets made of impervious stone to emphasize that even the 'physical' side of the Torah — even the detailed, down-to-earth laws — may not be changed.

This idea of the Torah's immutability, even in the details of everyday life, is particularly relevant to this verse. Sometimes the Oral tradition appears to contradict the simple meaning of the written Torah. One might mistakenly think that the Talmudic sages adjusted Torah law in order to conform to the needs of their time. Therefore, Rabbi Shimon explained that there are no changes in the Torah. The Mishnah and Talmud are rooted in Oral traditions going back to Mount Sinai. "All of these were given to Moses at Sinai." 

(Adapted from Ein Eyah vol. I, p. 14)

Copyright © 2006 by Chanan Morrison