What is Fair and What is True

This week’s Torah portion is Mishpatim, which means ordinances or laws or judgments. It contains a code of civil law that directly follows the Ten Commandments and includes wonderful laws: like the ones that encourage people who have indentured servants to treat them as human being and not as property, that prohibit harm to others through negligence or theft, that provide for interest- free loans to the poor, that prohibit maltreatment of strangers, widows, and orphans, and that encourage people to come to the aid of their enemies, among many other laws. Also, in a spirit of full disclosure, it contains laws that we don’t understand and others that most people don’t agree with.
Twice in this portion it says that God listens to those in pain or in need. The first one says, “You shall not taunt or oppress a stranger for you were strangers in the land of Egypt. You shall not persecute any widow or orphan. If you will persecute him! For if he will cry out to me I shall surely hear his cry (Ex. 22:20-22)” And the second one, referring to loans to the poor: …”if you will take your fellow’s garment as security until the sun sets shall you return it to him for it alone is his clothing. It is his garment for his skin. In what should he lie down? So it will be that if he cries out to me, I shall listen for I am compassionate.”
These two quotations give us a window into what it being asked of us. The Torah tells us that there is an ultimate standard of justice that is inherent in the way our world is constructed. The laws in Mishpatim also give us a window into God’s thinking, in a sense. There is a delicate balance in these laws, between what is fair to everyone and what is true. For example, it was true that slavery existed at the time the Torah was given. It is also true that, since there was no consumer credit, that people who found themselves unable to support themselves and pay their bills could sell themselves for a period of six years into indentured servitude. This acted somewhat like our military does today. People can enlist in the army and serve for a period of time while receiving room, board, a salary, and educational opportunities. Of course, this is preferable to indentured slavery, but we can see that both institutions were or are helpful to people, which partially explains why they exist. So God balances what needs to be with the ultimate ideals of justice, and right, and fairness. With our Universal and Divine Parent: no one is favored over anyone else. This is because we are all part of God and live within God. Do we love one of our teeth or one of our fingers more than the others? They are all part of us and we love them (even if we may not like them) equally. When we don’t understand some of the laws in Mishpatim, it’s important to remember what they are trying to accomplish: instilling respect in us; teaching us to treat each other fairly, enlightening us as to what is cosmically and fundamentally true; helping us to live more peaceful, happy lives; and making allowances for social institutions that existed at that time for the good of society. We know that although there may be good laws and there may be courts; well meaning people and honest judges, that justice is not always served. God and the Torah recognizes this too, which perhaps is why there are the quotations I referred to earlier: If you cry out to me I will hear. If there is a wrong, there is a higher authority to appeal to. God says, in another quotation from Mishpatim, “for I shall not exonerate the wicked (23:7),” meaning that ultimate justice rests with God. This is why the Apter Rebbe said, “If one wishes to judge flawlessly, one must put one’s mind and heart in order and realize that the judgment is in the Presence of God who sits among the Judges (p. 65 The Heschel Tradition).” This is true for us too: we should put our minds and hearts in order, realizing that God sees what is happening, knows how we feel and what we think about it, cares about us, about others, and about justice, balances all our claims, loves us all equally, and is the court of highest appeal for those who are injured and in need: the One who insures that goodness overcomes our errors and selfishness. May we do our best to help God in these matters: to make the ideals of Torah manifest in the world – to promote fairness and equity; and may we be grateful for the laws, guidance, and understanding God has allowed us to have and to know.