On November 26, 1936, Rav Ben Zion Meir Hai Uziel delivered
a lecture to a large gathering of rabbis in Jerusalem. Titled The Seat of the Rabbinate, Rav Uziel’s
words were delivered as an introduction to that day’s elections for the Council
of the Chief Rabbinate of the Land of Israel. Speaking to rabbis who would
potentially join him as part of the Land of Israel’s national rabbinic
leadership, Rav Uziel articulated a vision for what he felt were the priorities
of the rabbinate in the Yishuv in
Erets Yisrael (which eventually became the modern-day State of Israel):
When it comes to public and national
matters, the issue of Mishpat (The
Torah’s Civil Laws) is a weighty and burdensome responsibility on a rabbi, for
it is these matters that establish the path of life towards success or
disaster, peace or dispute. God thus commanded us: “Execute the judgment of
truth and peace in your gates” (Zecharia 8:16).
When Rav Uziel used the term “mishpat” to describe the Torah’s civil laws,
what was he referring to?
“And these are the
rules (Mishpatim) that you shall set
before them.” With this opening verse from Parashat Mishpatim, God begins to legislate the detailed version of
the Torah’s system of civil legislation. The word Mishpatim refers to civil laws and ordinances, and by making these
laws the first set of legislation following the Aseret Hadibrot (Ten Commandments) at Mount Sinai, God sends a very
powerful message about how the Jewish people should go about building a truly
“religious community.”
Most people looking to create a “religious community” would
begin by building a house of worship. In the Torah, God sees things
differently. As the Jewish people are in the initial stages of building their
own religious community, civil laws governing relationships between people (Bein Adam L’Havero) are legislated before the laws on building a house of worship. Batei Din (courts) come before the Mishkan (Tabernacle) and Dayanim (judges) precede Kohanim
(Priests). Parashat Mishpatim deals in matters that don’t seem “religious or
spiritual” to most people -- personal injury, damages due to negligence, paying
employees on time, borrowing items or lending money, to name just a few – but
these actually form the core of how the Torah envisions the definition and
governance of a Jewish religious society. God knows that it’s much easier to
behave “religiously” within the comfortable confines of a synagogue. The true challenge
is maintaining that religiosity in the workplace and at home, which is the
domain of Parashat Mishpatim.
In keeping with this core value, when he wrote his Mispetei Uziel halakhic responsa, Rav
Uziel devoted a special introduction to the volume on Hoshen Mishpat (the section of the Shulhan Arukh that deals with Mishpatim):
Amongst all of the various disciplines and
halakhot, the Torah of Mishpatim -- which legislates financial laws -- distinguishes
itself, as it guides and directs the way of life for all areas and aspects of
society. This body of laws reflects the unique character of Judaism, whose glorious splendor is manifest through Tsdedakah
(Charity) and Mishpat (Justice), which are the legacy of Judaism’s
founding father (Abraham), about whom God said: “I have singled him out so that
he will command his children and his household after him, that they will keep
God’s way, doing Tsedakah (Charity) and Mishpat (Justice)” (Genesis 18:19).
Rav Uziel’s vision
of a Mishpatim-centered society was
inspired by a long and rich tradition of sources that emphasized the centrality
of this vision in Judaism.
The Book of Psalms teaches: “Tsedek and Mishpat are the base of God’s throne” (Psalms 89:15).
On this verse, the 13th century Sephardic Talmudist Rabbeinu Yonah comments: “Whoever
upholds justice (Mishpat) upholds
God’s throne, and whoever perverts justice defiles God’s throne.”
The largest and most complex section of the Talmud is Seder Nezikin (The Order of Damages),
which contains the expanded halakhic/legal details of the civil laws/mitsvot
found in Parashat Mishpatim. In one
of the most popularly studied tractates in Seder
Nezikin – Tractate Baba Kamma – we are taught: “Rav Yehudah says: He who wishes to be a
pious person (hasid) should seek to fulfill the halakhot in Seder Nezikin” (Baba
Kamma 30:a).
Three times a day in our liturgy, we pray in the Amidah for
the restoration of our Jewish legal system, and we refer to God as Melekh Ohev Tsedakah u-Mishpat – The King
who loves righteousness and justice.
Rav Uziel’s innovation was less in the concept of
articulating the centrality of Mishpatim,
and more in elevating this to the highest priority for rabbis in the Land of
Israel. His vision was for rabbis to fully engage themselves in the domain of Mishpatim, and by doing so, they would
help shape the moral and ethical character of the emerging Jewish State, and
potentially bring unity to the Jewish people:
As you approach the seat of the rabbinate that you will sit upon after your
election, take to heart that the full domain of mishpat -- including all of its
problems and issues -- has been placed in your hands, and it will be upon you
-- through trustworthiness, love honor and admiration -- to bring the entire
nation closer to the values of Jewish Civil Law. Mishpat, Tsedek and Din Emet
L’Amito-- judgment, righteousness and the truthful execution of the law to its
fullest extent of truth -- serve as the foundations for the unity of our
nation.
Sadly, Rav Uziel's vision is a far cry from today's Chief Rabbinate. His vision for a moral, ethical and Mishpatim-based rabbinic leadership is the need of the hour in the State of Israel today.