"Mishpatim — Part I — From Sinai to Society"

1.2 — The Mishpatim as the Living Dibros

The Echo of Sinai in Civil Law

Parshas Mishpatim opens with the words:

וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם
“These are the ordinances that you shall place before them.” (Shemos 21:1)

The Torah moves directly from the Aseres HaDibros into a dense body of civil law. At first glance, the transition feels abrupt. One moment we are standing at the foot of the mountain, hearing the voice of Hashem; the next, we are reading about servants, damages, theft, and property disputes.

But the Ramban teaches that this transition is not abrupt at all. It is deliberate, necessary, and deeply conceptual. Parshas Mishpatim is not a new subject. It is the continuation of the Aseres HaDibros in practical form. The Dibros declare the moral foundations of the covenant, while Mishpatim constructs the society that makes those principles real.

“Do Not Covet” Requires a Legal System

The Ramban notes that the opening phrase וְאֵלֶּה הַמִּשְׁפָּטִים is closely connected to the commandment:

לֹא תַחְמֹד
“You shall not covet.” (Shemos 20:14)

At first glance, coveting appears to be an internal prohibition, a matter of the heart. But Ramban explains that without a structured legal system, the prohibition against coveting cannot be sustained. If society lacks clear definitions of ownership, restitution, and liability, then desire naturally turns into injustice. Coveting becomes theft, envy becomes violence, and the moral command loses its practical force.

The Torah therefore immediately follows the Dibros with a comprehensive legal system. The mishpatim define what belongs to whom, how damages are assessed, how servants are treated, and how courts must operate. In this way, the command not to covet becomes the legal architecture of property, responsibility, and restraint.

According to the Midrash cited by Ramban, “כָּל הַתּוֹרָה כֻּלָּהּ תְּלוּיָה בַּמִּשְׁפָּט”—the entire Torah depends on justice. Without mishpat, the covenant cannot endure.

The Dibros Hidden Within the Mishpatim

Ramban demonstrates that many of the specific laws in Mishpatim directly elaborate the Dibros themselves. The broad moral commands of Sinai become detailed legal structures governing everyday life.

For example:

• “Do not murder” becomes laws of homicide, accidental killing, and liability for injury.
• “Honor your parents” becomes severe penalties for striking or cursing them.
• “Do not steal” becomes a system of restitution and compensation.
• “Do not commit adultery” becomes legal consequences for immoral relations.
• “Do not serve other gods” becomes laws against idolatry and its practices.

The Dibros are therefore not an isolated section of Torah. They are the foundational principles, the moral architecture of the covenant. Mishpatim is their concrete implementation. The relationship between the two is like that between a constitution and its legal code, or between a blueprint and the building that rises from it. The Dibros proclaim the ideals; Mishpatim builds the society.

Law as Moral Restraint

The Torah’s legal system is not merely administrative. It is moral and spiritual in purpose. Without law, human desire has no boundary. The command not to covet becomes nearly impossible to observe in a society where property is insecure, justice is inconsistent, and power determines ownership.

The mishpatim impose structure on desire. They create a world in which actions have consequences and responsibility is clearly defined. A person must repay what he steals. He must compensate for injuries he causes. He must guard his property so it does not harm others. He must submit disputes to a court of justice.

These laws do more than regulate behavior. They train the heart. A person who lives within a just legal system gradually internalizes restraint. The discipline of law becomes the discipline of the soul. The mishpatim therefore function not only as social structures, but as instruments of moral formation.

From Moral Ideals to Social Reality

The Aseres HaDibros speak in absolute, universal terms: do not murder, do not steal, do not covet. But life is not lived in abstract absolutes. It unfolds in complex, ambiguous situations that require careful judgment. What counts as theft? What happens if someone is injured accidentally? What if an animal causes damage? What if a poor person needs a loan? What if a servant wishes to remain with his master?

The mishpatim answer these questions. They take the moral clarity of Sinai and translate it into court procedures, financial responsibility, social protections, and economic ethics. This is the Torah’s vision of holiness—not an escape from the world, but the transformation of the world.

Justice as the Foundation of the Covenant

Ramban’s statement that “all of Torah depends on justice” reflects a deep theological claim. A covenant is not sustained by emotion alone. It requires trust, fairness, predictability, and responsibility. If society is unjust, the covenant begins to unravel. People come to believe that power matters more than righteousness, wealth determines justice, courts cannot be trusted, and weakness invites exploitation.

At that point, the covenant becomes hollow. The knowledge of Hashem cannot flourish in a society built on injustice. Mishpatim therefore stands as the fulfillment of Sinai. It ensures that revelation is not reduced to memory, but becomes the living structure of national life.

The Covenant in the Marketplace

It is easy to feel the presence of Hashem at the mountain, in prayer, or in the Beis HaMikdash. It is harder to feel it in business disputes, financial transactions, labor agreements, or property damage cases. Yet that is precisely where the Torah places it.

The mishpatim declare that the covenant lives in the fairness of a contract, the honesty of a scale, the compassion of a lender, the responsibility of an owner, and the integrity of a judge. When society reflects these values, the Dibros are alive. When it does not, the revelation at Sinai becomes only a distant memory.

Application for Today — Turning Ideals into Systems

Modern society often celebrates moral ideals while neglecting the systems that make them real. We speak about equality, justice, dignity, and freedom, but the Torah teaches that ideals alone are not enough. They must be embedded into legal structures, economic practices, communal norms, and institutional frameworks.

The mishpatim remind us that holiness is not preserved by slogans or sentiments. It is preserved by systems.

If we want a society that reflects Divine values, we must build:

• Honest courts that pursue truth
• Responsible business practices rooted in integrity
• Fair labor structures that protect workers
• Communities that defend the vulnerable

Sinai gives us the vision.
Mishpatim gives us the blueprint.

The covenant lives not only in what we believe, but in how we build the world around us.

📖 Sources

• Full sources available on the Mitzvah Minute Parshas Mishpatim page under insights and commentaries.