21:1-1 records two sets of laws about slaves, 21:1-11, and then afterwards there are laws involving capital punishment, 21:12-17. Why does the set of laws begin with laws about slavery? One would have thought that the laws would start with the most heinous crime, murder, and then proceed in descending severity with other laws.
Many have noted that the reference to slavery corresponds to the beginning of the Decalogue where G-d refers to taking the people out of slavery, 20:2, but what is the message of this connection? Ramban (on 21:2) writes that the laws begin with slavery since the slave goes free after seven years (21:2) and this recalls the Exodus from Egypt which is recorded in the beginning of the Decalogue, 20:2. Furthermore, he writes that going out after seven years also recalls the creation of the world since the slave would then be resting on the seventh year.
Hizkuni (on 21:2) suggests that the laws of slavery are recorded first to teach that one should not be overly harsh on slaves because G-d redeemed the people out of slavery. This idea (though not in Hizkuni's name) is recorded by Abravanel, 1997, p. 344, Sarna, 1991, p. 118, and Amos Chacham, 1991, vol. 2, p. 90. Abravanel adds another idea that the laws of slavery are recorded first since slavery is also a form of murder.
Cassuto (1967, p. 266, see also Bekhor Shor on 21:2) writes that the connection with the beginning of the Decalogue is to teach that the slave goes out free after his years of service just as the Jewish people went out free from Egypt.
Notwithstanding the popularity of the connection between the beginning of the Decalogue and the beginning of the set of laws in chapter 21, I doubt this connection. If there was really such a connection then the laws of slavery should have been the first laws that were recorded after the Decalogue, but they are not, as 20:20-23 record the first laws after the Decalogue.
Luzzatto (on 21:2, see also Hertz, 1960, p. 306) suggests that the set of laws begin with laws about slaves since slaves were the weakest members of society, and this shows the Torah's concern for the downtrodden people in society. Maybe one can add that the placement of the laws of slavery first in the set of laws of parashat Mishpatim is to teach a lesson about the purpose of the ensuing laws.
The point of any justice system is to protect the weak in society since if there are no laws the strong would be able to impose their will on the weaker members of society. Again, the weakest members of society are slaves, and in the first two sets of laws concerning slaves, the Torah records how the master cannot take advantage of slaves. 21:2 records that the slave goes free after six years without any payment to the master, which means that his master cannot force him to remain a slave. Also, 21:8-11 record that a master must allow a slave girl to be redeemed, that she cannot be sold to foreigners, and if the master does not provide her with her basic rights then she goes free. The Torah is not just teaching the laws of slavery, but also the placement of the laws of slavery edifies the basic idea that the ensuing laws are to help the weaker members of society. This idea occurs again in 22:20-23, and 23:9.
The two sets of laws regarding slavery each begin with the word ki, 21:2,7, and this word ki will appear in the beginning of many laws until 22:15. This word connects the laws of slavery with the ensuing laws.
The first section after the laws of slavery, 21:12-17, records cases of capital punishment starting with laws of murder, and 21:12,15,16,17 all have the phrase mot yumat, put to death. The first law, 21:12, does not begin with the word ki, but 21:12 has the same word, ish, as in the beginning of the second law of slavery, 21:7. 21:13,14 follow 21:12 since they qualify the law of 21:12 of striking another person dead. 21:15 is then connected to 21:12 through the word makeh. 21:16 records the law of kidnapping, and is connected with 21:13, through the word yado, hand, in both verses. 21:17 then records the laws of cursing one’s parents, which is less severe than kidnapping, and this verse is connected with 21:15 through the words father and mother. (Note that the end of this section probably should have been the end of the first Torah reading in parashat Mishpatim, but since it ends on a “bad” note, the cursing of one’s parents, so the first two verses from the next section are included in the first aliyah.)
The next section is 21:18-32, which deals with four cases of doubt whether to apply capital punishment, which is less severe than the case of when the capital punishment Is not in doubt, the previous section. Each section of laws begins with the word ki, 21:18,20,22,26, like in the previous sections, 21:2,7,14. The word ish is in three of the cases in this section, 21:18,20,26, like in the previous section, 21:12,14,16, and also the similar word isha is in the other case of the section, 21:22. Also, the word to hit, hikkah appears three times in this section, 21:18,19,26, which connects with 21:15, one of the laws in the previous section. The last two laws in this section are connected through the words, teeth, shen, and eyes, ayin, 21:24, 26,27. Finally this section has the structure of a general law, 21:18,19, 22-25, and then a law of a similar case by a slave, 21:20,21,26,27. The two general laws begin similarly by referring to anashim, 21:18,22, and the laws by the slave cases refer to the male and female slaves, eved and amato, 21:20,26,27.
The next set of laws 21:28-32 deal with an ox, shor, who kills a person. This case is less severe than the previous section since here an animal is killing, while in the previous section a person struck another person. This section also begins with the word ki, 21:28, and has the same general structure of the previous section of a general law and then a law in the similar case by a slave. Also, the first two laws, 21:28,29 refers to the ish and isha, like in the previous section and in 21:7,12,14,16.
The next set of laws, 21:33-21:36 record three cases involving an ox, which connects to the previous set of laws, which also dealt with oxen, 21:28-32. The third law refers to the goring ox, nagach, 21:36, just like in 21:29 in the previous section. The word met, dead, referring to the dead animal, appears in all three cases, 21:34,35,36. The three cases all begin with the word ki, 21:33,35,36. Finally, in two of three cases, the word to pay, yeshalem, appears, 21:34,36.
The next set of laws, 21:37 and 22:1-3 relate to each other since both refer to stealing an ox or other items. This section connects with the previous section through the words yeshalem, 21:37; 22:2,3, met, 22:1, ox, 21:37; 22:3, chamor in 21:33; 22:3, and the word ki, 21:37.
The next section contains two laws of damages to the fields, 22:4,5, and both begin with the word ki. 22:4 is understood to refer to animals damaging a field, which connects to the previous sections of the ox, see Ibn Ezra on 22:4. These two laws are connected through the words be-er in both verses, though in 22:4 the word is understood to refer to animals and in 22:5 it refers to a fire. Each of the two laws also have the word yishalem like the laws in the previous sections.
The next section 22:6-13 are laws when a person watches an item for somebody else, and again the laws start with the word ki, 22:6,9,13. Furthermore, the first two cases begin with the phrase ki yeten ish, 22:6,9, and have the phrase im lo shlach yado bemelechet reahu, 22:7,10. All three laws have the word yishalem, 22:6,8,10,11,12,13,14 just like in the previous sections. Also, 22:6,7,11 refer to theft just like in 21:37; 22:1,2,3.
22:8 might seem to interrupt these two sets of laws since the verse does not involve giving an item to somebody else, but maybe it was included between 22:6,9 because of the word elokim in 22:7 and 22:8, and the phrase yeshalem shenayim which appears in 22:6,8. Also, the opening phrase of 22:8, "an ox, a donkey a sheep" is very similar to the opening phrase in 22:9, "a donkey, an ox, a sheep," see Sarna, 1991, p. 132.
The next set of laws, the last of the "ki" section, the laws of seduction, 22:15,16 also deal with financial restitution for damages but here the damages are personal, and this signals a change that the ensuing laws deal with personal status and offenses. This reason might be why this law is the last law in “ki” section. Ibn Ezra (on 22:14) suggests that this law follows the previous section since that section deals with laws of theft of money, and this section deals with theft of a person’s heart. Another possibility is the word imah, in 22:15, which appears in the previous laws 22:13,14 (imo).
The next law is 22:17 that “a sorceress you are not to let live,” which connects with the law of the previous section since both laws relate to the personal status of a female. Ibn Ezra (short comments on 21:1) suggests that it follows the law of seduction (22:15,16) since the man might use magic to attract the girl. Another possibility is that the connection is based on the similar sounds of the root of the word mecheshefa in 22:17, "ch, sh and f" with the word kesef, in 22:16; ch and k, sh and s, and f in both words.
The next law of 22:18 has the same word, shochev, as in 22:15, and the death penalty as by the mecheshefa in 22:17.
The next law, 22:19, is that a person is only to offer sacrifices to G-d and maybe it is related to 22:18 through the reference to an animal in 22:18, the item which is sacrificed in 22:19.
The next law, 22:20, not to torment the stranger, forms a new unit of moral laws, which ends with a similar law, 23:9. Maybe, 22:20 connects with 22:19 since 22:20 refers to the exodus and this is the reason why a person should not offer sacrifices to other gods, the law of 22:19, see 20:1-5.
The next laws, 22:21-23 are the laws not to harass widows and orphans and these laws are similar to the law in 22:20 not to torment the stranger. Also, similar words appear in both laws, lo toneh in 22:20 and lo te-anun in 22:21.
Afterwards 22:24-26 records laws about lending money. 22:24 connects with 22:16 through the word kesef which appears in both verses. Also, 22:24,25 begin with the word im, as does 22:22. In addition, 22:25,26 refer to a garment, simlah, just like in 22:8. Finally, 22:25,26 also record that when lending to the poor, one should not take as a collateral the person's clothing since the poor person will cry out to G-d, which connects with the crying out to G-d recorded in the previous law in 22:22.
This crying out might also be the connection with the following law, 22:27, where a person curses or cries out inappropriately. A different possibility is from Ibn Ezra (on 22:27, see also Sarna, 1991, p. 140) who quotes the Karaite commentator Yefet that the poor person who does not get his cloak back at night will not only call out to G-d but will also curse judges. Another possibility is that the word amcha in 22:27 connects with the word ami and imach in 22:24.
It is not clear the connection between the next law, 22:28, and the previous law, but maybe it is the similar sound of the phrase lo te-acher in 22:28 with the phrase in the end of 22:27, lo ta-or, see Cassuto, 1967, p. 294.
22:29 continues the idea of 22:28 of donating something to G-d, the first of the crops, the firstborn sons and the firstborn of the flock.
22:30 connects with 22:28,29 through the word lee, which appears in 22:28, 22:29 and 22:30, see Cassuto, 1967, p. 295. Note also that 22:30 ends with a reference to a dog, and this might connect back to 22:24, the prohibition of interest, neshekh, that a dog bites. This connection appears also in Devarim 23:19,20.
The next law, 23:1, the law of giving a false report, can connect to the words hearing in 22:22,26 through the word shema in 23:1.
The next set of laws, 23:2,3 seem to refer to judges and witnesses which connect thematically to 23:1 as all the verses refer to court cases. Within this section, 23:3 refers to riv, and this connects with 23:2 where the same word appears (without the yud).
The next laws, 23:4,5 both start again with the word ki, and record laws that one is to aid your enemy's animals. It is not clear how these laws relate to the previous laws, see N. Leibowitz, 1976a, pp. 425-427. Maybe the connection is the word riv again, since 23:4,5 refer to animals of a person who is hated and is your enemy, and usually the reason why one person hates another is due to a fight, riv.
The next law, 23:6 is very similar to 23:3, and the word riv appears in both verses. Is 23:3,6 a tiny bookend around 23:4,5?
23:7 uses the word rasha, and this connects with 23:1, which also has this word.
23:8 has the word tzadik and this word is mentioned twice in 23:7.
23:9 ends the bookend or unit from 22:20. Cassuto (1967, p. 298) suggests that this sentence is connected with 23:7,8, through the similar sounds of the words tirchak (23:7), tichach (23:8) and tilchatz (23:9).
The following laws, 23:10,11 record the laws of shemitta, and explain that in the seventh year, the poor will be able to eat of the fields. This connects with the prohibition of 23:6 not to subvert the rights of the poor, and in both cases the word evyon appears (Ibn Ezra, long commentary on 23:10, and Cassuto, 1967, p. 300).
The next law, 23:12, records the laws of Shabbat, which associates with the laws of shemitta in 23:10,11 by working six (years, days) and resting on the seventh (year, day). Ibn Ezra notes that 23:12 refers to the bondman and the stranger, ger, who are usually poor like the evyon. Sarna (1991, p. 144) also notes that there is chiastic relationship between the animals and the poor people in 23:11,12. In addition, the word ger in 23:12 matches up with the words ger and gerim in 23:9. Finally, the words shor, ox, and hamor, donkey, in 23:12 appear in 23:4, and hamor also appears in 23:5.
The next law, 23:13, records the prohibition of mentioning the names of foreign gods, and this introduces a new section of the festivals, that on the festivals one is to only worship G-d and not other gods, see Ibn Ezra short commentary on 23:14. 23:13 connects back to 23:1, through the words shema and yishama.
The next set of laws, 23:14-17, record laws relating to the festivals, Matzot, Shavuot and Sukkot, and begins and ends with the phrase "three times a year," 23:14,17. 23:18 then records laws of the holiday of Pesach, the bringing of the korban pesach, which connects with the holiday of Matzot, which occurs the day after the holiday of Pesach. These laws, 23:14-18, connect with the laws of Shabbat in 23:12 similar to Vayikra chapter 23 where the laws of Shabbat is recorded prior to the laws of the festivals and of the holiday of Pesach. Furthermore, by the first of the festivals, chag ha-matzot, the number seven appears, 23:15, and this number also occurs in 23:11,12 by shemitta and Shabbat. In addition, by the other two festivals, the reaping (Shavuot) and the harvest (Sukkot) festivals, there are references to working in the field, tizrah and asif, 23:16, and both words appear in 23:10. Similarly, the word sadeh occurs both in 23:11 and 23:16. Also, 23:12 records that people do their actions, maasecha, for six days, as the lead in to Shabbat, and 23:16 refers to the people’s actions, maasecha by both the holiday of the beginning of the harvest (Shavuot) and the holiday at the end of the harvest (Sukkot). Other connecting words with the previous sections, are shanah, year, in 23:10,14,16,17, the word mitzrayim, Egypt, in 23:9 and 23:15, the word shamor in 23:13 and in 23:15, and the word remember, zachor in 23:13,17. Also, within the short section of 23:14-18, the word chag appears five times in 23:14,15,16 and 23:18.
The next laws and the end of the law section are the laws of donating the first crops to G-d and not to boil a goat in its mother's milk, 23:19. It is not clear the connection between these two laws but these laws parallel the laws of 22:28-30 and form a type of bookend around the section of 23:1-18. The first law of 23:19 connects with the laws of the festivals through the word bekurei in 23:16,19, and the idea of offering something to G-d. The Rashbam (on 23:19, quoted by Hizkuni on 23:19 and Sarna, 1991, p. 147) suggests that the second law of 23:19 also relates to the festivals since on the festivals many animals are killed and people might have been tempted to cook the animals in their mother’s milk. A word connection with the previous section, 23:18, is that the word for milk, helev in 23:19 is also in 23:18, though there it refers to fat. Another case of two words that sound similar but have different meanings is boker in 23:18 and bekurei in 23:19.
Afterwards, 23:20-33 record a brief synopsis of the rewards and punishments for following and not following the laws, and this type of section always appears in the covenantal process.
The final set of instructions that Moshe received during this conversation with G-d was about the ceremony that was to occur the following day, and this was recorded in 24:1,2, see Luzzatto on 24:1 and Benno Jacob, 1992, p. 739.
Abravanel (1437-1508), 1997, Commentary on Shemot. 1999, Jerusalem: Horev.
Cassuto, Umberto (1883-1951), 1967, A commentary on the book of Exodus, Jerusalem: The Magnes Press.
Chacham, Amos, 1991, Da'at Mikra: Commentary on Shemot, Jerusalem: Mossad Harav Kook.
Hertz, J. H. (1872-1946), 1960, The Pentateuch and Haftorahs, second edition, London: Soncino Press
Jacob, Benno (1869-1945), 1992, The second book of the Bible: Exodus, translated with an introduction by Walter Jacob, Hoboken: Ktav Publishing House.
Leibowitz, Nehama (1905-1997), 1976a, Studies in Shemot, translated by Aryeh Newman, Jerusalem: The World Zionist Organization
Sarna, Nahum (1923-2005), 1991, The JPS Torah Commentary: Exodus, Philadelphia: The Jewish Publication Society.
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