Parashat Mishpatim

 "Moshe alone shall come near the Lord,

but the others shall not come near,

nor shall the people come up with him.

Moshe went and repeated to the people

all the commands of Lord and all the rules,

And the people answered with one voice, saying,

"All the things that the Lord has commanded we will do."

(Shemot 24:2-3)

 

 

Rabbi Yehoshua said: Great is peace, for when Israel stood and declared "All the things that the Lord has commanded we will do," The Holy One, Blessed Be He, rejoiced in them and gave them his Torah and blessed them with peace, as is written: "The Lord will give courage to his people, the Lord will bless his people with peace." (Psalm 29)

(Massechet Derekh Eretz Zutta, Perek HaShalom, Mishna 3)

 

"All the things that the Lord has commanded we will do and we will hear" - It would have been proper to say "we will hear and we will do". But Israel said to The Holy One, Blessed Be He: "Master of the Universe, yet before we heard them we observed them. "I am the Lord your God" - was observed by Yaakov, as is written, "And Yaakov said to the members of his household... remove the foreign gods"; "You shall not swear falsely" - was observed by Avraham, as is written, "I have raised my hand to the Lord"; "Remember" - was observed by Yosef, as is written, "Slaughter and prepare an animal" and had already been observed by Yitzhak when he was tied to the altar. "You shall not kill" - was observed by Yehuda, "What do we gain by killing our brother?" "You shall not commit adultery" - was observed by Yosef in his relation to Potiphera's wife. "You shall not steal" - was observed by the tribes, "And how shall we steal from the house of your lord silver or gold." "You shall not bear false witness" was observed by Avraham when he testified to all the world that You are Master of all creation; he also observed "You shall not covet" - "Not so much as a thread or a sandal strap".

 (Yalkut Shimoni, Shemot 19, 276)

 

 

THE CODE OF CREATION AND MAN'S RESPONSIBILITY

Shalom Bachbut

 

Much ink has been expended in suggesting reasons for the prohibition against "meat in milk". This commandment has always been observed to some degree, even in families which are not religiously observant but which remain tied in some measure to Jewish tradition and to certain mitzvoth. The "milk-meat" prohibition, consciously or unconsciously, has always been considered one of the most serious restrictions, and even today many Jews observe this mitzvah, even though they are lax in the observance of mitzvoth no less important, e.g., the Shabbat.

There is also no doubt that this mitzvah is one of the characteristic components of the Jewish home throughout the generations. This prohibition has also always puzzled non-Jews who look with interest upon the Jewish world, in no small part because of the myriad details entailed in the mitzvah's observance, which include two separate sets of dishes.

It is well known that the prohibition "You shall not cook a goat in its mother's milk" is found in Parashat Mishpatim, in Parashat Ki Tissa - in the context of mitzvot of Pesach and Bikkurim - and in Parashat Re'eh, following the ban on the eating of carrion. The prohibition also covers the eating of meat and milk together and of benefitting in any way from the combination. Many explanations of this mitzvah and its relation to other mitzvoth have been proposed, and it is difficult to imagine that there is still room for additional explanation, but I shall attempt to reopen the topic, in the hope that I may be able to point out an exegetical aspect not sufficiently explored heretofore.

One can relate to the subject of rationale for mitzvoth from two aspects; from the point of view of the "giver" (The Holy One, Blessed Be He) or from the side of the "receiver", i.e., the man or the Jew, and the effect of the mitzvah on he who is commanded. From this latter point of view, we do not seek the reason for which the mitzvah was given, but try to discern the influence of the mitzvah on man's life and way of thinking. From this point of view, there is no doubt that this mitzvah has had a tremendous influence upon the Jew's daily life, because of its multiple branchings and our frequent encounters with it.

The framework of this article does not permit an extensive survey of the subject; brief mention of various suggested rationales of the mitzvah will suffice:

                      ·             To distance the observer from idolatry (which was prevalent among the nations at the time of the giving of the Torah)

                      ·             The cruelty of cooking a goat in its own mother's milk

                      ·             Mixtures (similar to other mitzvoth, such as kil'ayim and shaatnez, which are intended to preserve original species according to God's creation plan)

                      ·             Weakness or infirmity which may affect man because of medical reasons, because of the different digestion rates of meat and milk.

                      ·             Mystical-Kabbalah opposition to the blurring of boundaries between various areas: the ban against the unification of aspects of impurity (the goat which is outside) with aspects of holiness (the mother of the goat); or the fusion of the measure of law (the meat which is red) with the measure of mercy (the milk which is white).

                      ·             Magical practices which were intended to stimulate and encourage fertility (a kind of "fertilizer" with which the earth is fertilized)

                      ·             Incestual relationships (especially with one's mother)

The list is partial; there are many other suggestions. But it seems to me that there remains room for examination from another angle.

As mentioned before, the prohibition applies also to eating. Certain dietary prohibitions were also imposed upon the sons of Noah (meat cut from a living animal), and before that, to Adam, the first man. Actually the first restriction imposed upon the first man relates to food: "And the Lord God commanded the man, saying, "Of every tree of the garden you are free to eat; but as for the tree of knowledge of good and bad, you must not eat of it; for as soon as you eat of it, you shall die." A comparison of this prohibition with the foods permitted to man and beast may prove worthwhile: "God said, 'See, I give you every seed-bearing fruit; they shall be yours for food. And to all the animals on land, to all the birds of the sky, and to everything that creeps on earth, in which there is the breath of life, I give all the green plants for food.' And it was so". This comparison prompts the conclusion that Adam was not permitted to eat all fruit of the trees; his permission to eat fruit was limited by the ban against eating from the Tree of Knowledge. Actually, this mitzvah comes to limit man's control not only over the animal world (according to tradition and a straight reading of the text animal flesh was forbidden to man) but also over the world of the flora. Originally, even plants which grow upon the ground were not permitted; only later does God grant man permission to eat these. The interdiction against eating from the Tree of Knowledge comes to remind man that he must refrain from marring the wholeness of nature; it is only by the grace of God that he is allowed to sustain himself from all vegetation.

Unlike mother's milk, all other foods were intended primarily not for human consumption; therefore special dispensation was necessary for them to become part of the human diet; the milk which babies (human and animal) suckle from their mothers' breasts is unique in that it was originally intended for consumption, and therefore did not require any special divine dispensation for eating it. The formulation of the prohibition, "You shall not cook a goat in its mother's milk" emphasizes that the mother's milk is intended for the goat, to provide life and growth, and therefore it would seem that there no more serious a matter than to transform the purpose of the milk from a life-giving substance to a death-causing substance.

A number of commentators stress that milk symbolizes life, as against slaughtered meat which symbolizes death. It seems to me that the very fact that milk is the only food created for the sole purpose of serving as food - without which the infant is doomed to die - this fact alone gives milk a different status.

Far be it from me to claim that this is the rationale behind the mitzvah. But examination of this mitzvah and its methods of implementation in daily life arouse man to greater caution and to greater consideration of his environment, encouraging restraint from all activity which is violent and which contradicts the flow of life, as The Holy One, Blessed Be He, had hidden in nature's primeval code.

The actual taking of the goat away from his mother's teats, and the use of the milk - which was to have provided life for him - as a means of killing, in order to augment man's pleasure in eating the dead goat, can be considered something which opposes nature and the order of creation as implemented by the Creator.

In light of the above, this may be the place to reconsider another mitzvah; the mitzvah of "shiluach hakan" - the sending away of the mother bird - which demands of man that he not "take the mother with the sons"; man may not exploit the nature of beings which guard over their offspring, taking the mother together with the children. Here too man must pause for a moment and consider that that Creation has a certain order which man must preserve; man's elemental inclination was designed for the sake of life, for "the sons", - he must not exploit it in order to cause death.

These mitzvoth, classified as hukkim - divine decrees - and therefore counted among the mitzvoth "between man and God", also shed light on man's existence as he relates to his fellow man.

It seems to me that respect which man must give the order of Creation - which is implanted in these mitzvoth and which direct man even in his ways of eating - can serve an important point of departure in his relation not only to the world of nature, but his relations with other people.

Dr. Shalom Bachbut, vice president of the Conference of Rabbis of Italy, teaches physics in the Faculty of Medicine in the University of Rome, and is currently studying in the "Amitey Yerushalayim" program

 

 

Readers Write:

            As a conscientious distributor of "Shabbat Shalom" I was dismayed to read your announcement regarding the "Peace Watch", which appeared in the Shabbat Beshalach issue. The Parashat Hashavua sheets which are distributed in synagogues originate in different sectors and reflect various political ideologies. Aside from words of Torah, a positive phenomenon in itself, two undesirable features flow via the sheets into the synagogue:

1.      Commercial advertisements, some of which are even halakhically problematic, such as conducting the Pesach Seder in Rumania.

2.      Distinct political positions, usually masquerading as divrei Torah.

 

The latter point is the more serious of the two. The admixture of religion and politics is one of the maladies of religious life in the state from its inception. Worse sevenfold are the attempts to create parallels between open, critical, and enlightened religiosity, and leftist political opinions. In other words: In order to conduct an intelligent discussion on religious subjects, one must adopt dovish, cosmopolitan positions. I would like to assert the opposite position - the greatest enemy of open and critical religiosity is the attachment of a definite political label to those who advocate such a religiosity. The "Oz VeShalom" movement is certainly free to champion its political views, but for the sake of God - don't do it in the name of religion and in the name of Halakha! Their political opponents do the same thing, and my appeal is directed also at them. The result of all this is that Torah, instead of being a bridge, becomes a wall!

Meir Roth

 

Editor's reply:

            I am very thankful to Mr. Meir Roth for his letter, for it presents an opportunity for opening an important discussion on the connection created between Torah and politics in the religious-Zionist community. When we set out on our way, we declared (as can be verified by checking the first issue of "Shabbat Shalom" on the OzVeshalom - Netivot Shalom internet site) that our purpose was - and still is - to disseminate among synagogue-goers words of Torah which come to illuminate additional corners in Torah-Zionist thought. This is necessary davka because the values of peace, morality, justice, and respect for man created in the image, are not sufficiently stressed in most of the other publications; nationalistic values usually rule exclusively over religious thinking. In "Shabbat Shalom", we try to express those former value positions from within a commitment to exegetical sources and without taking specific political positions, despite the fact that the pages are published by OzVeshalom - Netivot Shalom. Sometimes it is difficult to determine the precise border line between an ideological moral position and the political expression of this position. This is true certainly in these difficult days, and, therefore, we hear critics saying that we are "too political" or, on the contrary, that we are not courageous and unequivocal enough. It must be assumed that there is no simple, unambiguous solution to the basic tension which exists between "emet v'shalom" - between "truth" and "peace", and we will continue to navigate our way with the utmost loyalty to these values.

True, it is preferable that the Torah be a bridge and not a dividing factor, but "controversy for the sake of Heaven" is also part of Torah, and it is befitting that this debate be conducted in a respectful manner, for "both these and these are the words of the living God."

 

 

 

Our Heartfelt Congratulations to

Our Member Yitzhak Frankenthal,

Former Director of Oz LeShalom - Netivot Shalom

On Occasion of His Marriage to Varda Cohen

May You Merit Building Your Home

In Times of Peace and Tranquillity

Editorial Board of "Shabbat Shalom"

Oz VeShalom - Netivot Shalom

The Moetsa, the Executive Board and the Membership

 


 

 

What's Happening in the Movement?

 Beginning with Shabbat Parashat Teruma, "Peace Watch" (Mincha and a Devar Torah) in front of the Prime Minister's Yerushalayim home will be held at 13:30 and not at 13:00. The public is invited to participate

 

 

Editorial Board: Pinchas Leiser (Editor), Miriam Fine (Coordinator), Itzhak Frankenthal and Dr. Menachem Klein

Translation: Kadish Goldberg

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Oz Veshalom-Netivot Shalom is a movement dedicated to the advancement of a civil society in Israel. It is committed to promoting the ideals of tolerance, pluralism, and justice, concepts which have always been central to Jewish tradition and law.

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