The Sapphire Ascent

Parashat Mishpatim (Exodus 21:1–24:18)

The civil laws set forth in Parashat Mishpatim (Ex. 21:1-24-18) teach us that a Holy nation fully enforces the rights of victims but even the thief, or the poor, can find restoration. The Torah requires the master of a bondsman to serve as a moral guide who treats the worker as a member of the family. It is a Just Alternative to the shame of begging. For the thief, they are saved from the soul-killing penitentiary experience. As Rav Kook taught, the bondsman, as mandated by Torah, “Enjoyed not only financial security but also moral and spiritual mentorship.”

The deeper connection to this relationship is revealed when Joshua and the elders accompany Moses as he ascends Mt. Sinai and they see, “…a paved brick work like sapphire” The brick work is a reminder that Pharaoh laid the first brick, marking the beginning of Israel’s enslavement. The sapphire brickwork seen at Sinai, reveals Israel’s acceptance of a new Master: the loving, caring Creator, claiming them as His family.

There is a fascinating entry in the Zohar which suggests that this "brickwork" was the source of the first set of tablets on which HaShem inscribed the Ten Utterances:

"Said R. Hiya: ‘When the letters were engraved upon the two tablets of stone they were visible on both sides of the tablets. The tablets were of sapphire and the letters were formed of white fire and covered again with black fire, and were engraved upon both sides." - Zohar, Yitro 21:364

Earlier Moses reads God’s Torah to the people and they consent with one voice: “We will Do and we will hear!" Israel understood that it is in the Doing of a thing commanded by HaShem, they inhabit holiness. Whether dealing with the theft of a cow or celebrating a joyous festival in Israel’s eternal capital, when the people follow God’s entire plan called Torah, it’s all holy!

These are laws primarily between man and man which form the basis for many modern concepts about justice. Parashat Mishpatim includes numerous laws that focus on matters of justice, compensation, and reparations for wrongs done to others, which are key components of modern tort law. For example, in Torah, if two people fight and one injures the other, the injured party is entitled to compensation for medical care and lost time. This corresponds closely to personal injury laws in today’s tort systems where the injured party can seek damages. Again, the Torah court system, based on statutes in this parasha tells us that if someone digs a pit and another person's animal falls in, the owner of the pit is responsible for compensating the owner of the animal. This could be viewed as a liability suit in modern tort law, where one is held accountable for harm caused by their property or actions. The thief must pay restitution, often with a penalty. This reflects a form of liability wherein the victim seeks to be made whole again.

These Torah laws represent the needs of a society here on earth. For a society to function peacefully, judges must rule—not based on skin color or social position but on the worth bestowed on each of us by the Creator. When we read in Mishpatim that,

“Moses and Aaron, Nadab and Abihu, and seventy elders of Israel ascended; and they saw the God of Israel—under whose feet was the likeness of a pavement of sapphire, like the very sky for purity,” 

These words also speaks of the power and potential that judges, courts, legislatures, congresses and parliaments hold. These legal bodies, can default to greed, corruption and their petty egos or they can emulate the 70 Elders, the Sanhedrin.

They can ascend. They can rule with clarity and purity derived from basic tenets of Torah. Mishpatim’s seemingly mundane civil matters are very much about living in the real world--in holiness. If anyone asks why Judaism is “so legalistic”remind them that God promised Avraham, the ancestor of the Jewish People, that He would make of his descendants, a Great Nation—not a religion:

“I will make of you a great nation, And I will bless you; I will make your name great,

And you shall be a blessing.” - Genesis 12:2

Yes, they are to be a holy nation with laws that cover every aspect of life, including taking care that even the civil laws are attached to holiness. While they address issues of justice and civil law, they also teach us about moral responsibility, compassion and restoring balance in the world. The commands in Parashat Mishpatim are, on the simplest level are for keeping social order and righting wrongs but on a higher level they teach us compassion and correct our souls, leading us step by step back to Gan Eden.