Brian Somers Torah: Exodus 21:1 – 24:18
Haftarah: Jeremiah 34:8-22, 33:25-26
New Testament/Brit Chadassah: Matthew 17:1-11
The Ten Commandments of Exodus 20 is widely known within both Judaism and Christianity. While different groups will number the Commandments somewhat differently, that’s a very minor issue compared to the fact that the Covenant as a whole starts with the First Commandment but does not end with the Tenth Commandment.
In fact, as noted previously in Yitro,
The covenant terms start at Exodus 20:2 and conclude at 24:8. The Ten Commandments, in Judaism the Ten Words, distill the behaviors expected from the Hebrew Israelites into ten clear and unambiguous statements. The Ten Words run from Exodus 20:2-17. From Exodus 20:8 to 23:33 are ordinances that further clarify and govern the halacha in which the sons of Israel were to walk. Exodus 24:1-8 is the formal making of the covenant. The rest of the Torah contains additional material that illuminate and extend the formal terms given in the Mosaic Covenant made at Mount Sinai. When Yeshua said ““If you love Me, you will keep My commandments” in John 14:15, He was referring to these.
This parashah is called Mishpatim because of what Yeshua told Moses
“Now these are the ordinances which you are to set before them” Exodus 21:1
Ordinances (or judgments) in Hebrew is mishpatim.
These mishpatim expand and clarify the Ten Commandments. Before going into detail analyzing the mishpatim, note should be taken that the Ten Commandments in general apply to everyone, but the mishpatim (and mitzvot (commandments) and chuqqim (statutes) will apply to specific sectors of the Israelite population. For instance, the Israelite society was largely agricultural, with many people working in farming and animal husbandry. Where people don’t work in those industries, then the mitzvot (commandments) and mishpatim (ordinances/judgments) don’t directly apply. Still, the principles underlying the ordinances should be understood because they can apply in multiple situations.
In the present day, we are not under the direct reign of Yeshua, King of Israel, but under secular governments. Yet, those involved in animal husbandry, such as ranchers who run cattle, can learn the highest standards of ethics in their profession from these judgments. Taking this further, we can learn how a holy society is ordered by studying these ordinances and ensure that our daily conduct follows these ethical standards. King Yeshua will govern the United Kingdom of Israel under these standards.
Let’s begin by taking a high level overview of the topics covered in this parashah.
Exodus 20:22-26 from Yitro covered the proper form of worship.
The first set of the ordinances in Mishpatim, Exodus 21:1-11 governed the male and female servants. Within the regulations for male and female servants, marriage is considered.
The second set of ordinances, Exodus 21:12-36, covers what the NASB describes as “Personal Injuries”.
Restitution and Punishments are covered under Exodus 22:1-15.
Principles of Justice common to everyone are covered in Exodus 22:16 – 23:9.
The Sabbath and Shmittah are discussed briefly in Exodus 23:10-12.
Preventing idolatry is the goal of Exodus 23:13.
Exodus 23:14 – 19a discuss the three great national feasts of the Lord.
Exodus 23:19b – 24:18 are specific to the First Exodus. At this point in time, note should be taken of them as it may turn out that they may also apply in some way to the Second and Greater Exodus.
This brief discussion serves more as an introduction for learning and applying the mishpatim to our daily lives. As we coalesce into the reconstituted northern Kingdom of Israel, our greatest teachers and shepherds will study these and teach the rest of the men in the congregation how to apply them in our daily lives. The men in turn teach their families.
Exodus 21:1-11 discusses debt slavery and female maidservants. This is not, repeat, not the slavery experienced by the African slaves in Africa itself and in the western hemisphere.
When a man incurred debt and had no way to repay it, he would sell himself into slavery to earn the money to repay the debt. That was limited to 6 years as in the seventh year he would go free. This did not apply to the females. If a man who sold himself into slavery was single, his master could give him a female maidservant to marry, but retained the rights to her and the children she bore to the man. Then, in the seventh year, the man would have to decide whether he wanted his freedom more than he loved his master or his woman and their children. If he wanted his freedom, he could go out while the woman and her children remained with the master. Otherwise, he could declare that he loves his master and his woman and their children and give up his freedom forever by choosing to be a bond servant. That is entirely the choice of the male debt slave. But if the man entered debt slavery married, he would leave in the seventh year married as his woman belonged to him, not to the master.
The situation of the female maidservant is very different. She was purchased with the intent of eventually being a wife to either the master or the master’s son. She was not purchased to pay a debt, but if she loses favor in the eyes of the master, she could be redeemed. Once the master purchases her, he assumes complete responsibility for her and is not to allow her to be sold into foreign slavery. If the maidservant is not the first wife and she is taken into marriage by either the master or the master’s son, the rights of the first wife or wives to the existing maintenance level of food, clothing and marital rights shall not be diminished. In short, the master needs to be a man of substantial wealth to afford paying the debt of the male debt slave and the price of the female maidservant.
It is within the section dealing with the female maidservant that we see that polygyny, or biblical plural marriage is allowed but regulated by Yeshua Himself.
10 If he takes to himself another woman, he may not reduce her food, her clothing, or her conjugal rights. 11 But if he will not do these three things for her, then she shall go free for nothing, without payment of money.
Exodus 21:10-11
The next section is personal injuries related to specific crimes, much of which is forbidden under Western criminal statutes. I daresay most other modern societies implement criminal statutes but I cannot speak in absolute terms for all of them.
Exodus 20:13 says “You shall not murder.” Exodus 21:12-14 expands on this prohibition. It clarifies what is and what isn’t murder or the premeditated killing of someone. Killing in war or judicial execution is not murder. This highlights something that the novice Torah student should learn, which is if there’s a question about a mitzvah or commandment, then there is often clarifying language elsewhere in the Torah, and often in the Prophets and/or Writings.
12 “He who strikes someone so that he dies shall certainly be put to death. 13 Yet if he did not lie in wait for him, but God caused him to fall into his hand, then I will appoint you a place to which he may flee. 14 If, however, someone is enraged against his neighbor, so as to kill him in a cunning way, you are to take him even from My altar, to be put to death.
Exodus 21:12-14
I should note that whether capital punishment is exacted for murder or manslaughter varies globally. But the crime of murder must be answered by taking the life of the murderer as Genesis 9:6 requires.
Exodus 20:12 says “Honor your father and mother”. While the father has precedence, the mother is also to be honored. Exodus 21:15, 17 put teeth in this mitzvah.
15 “And one who strikes his father or his mother shall certainly be put to death.
17 “And one who curses his father or his mother shall certainly be put to death.
Exodus 21:15,17
Both of these actions are expressions of ultimate disrespect and are punished with the ultimate death penalty.
Kidnapping is a crime also punished with the death penalty.
16 “Now one who kidnaps someone, whether he sells him or he is found in his possession, shall certainly be put to death.
Exodus 21:16
Different scenarios of assault that result in personal injury is covered in Exodus 21:18-27. Note here must be taken of the famous “eye for an eye, tooth for a tooth” requirement of Exodus 21:24. It’s not precisely a literal requirement as is the case for murder which is a life for a life. It also serves as a maximum penalty so that a crazed mob or overzealous judge do not exact penalties beyond what the crime deserves. Judgment rendered must be sober and proportionate to the crime.
18 “Now if people have a quarrel and one strikes the other with a stone or with a fist, and he does not die but is confined to bed, 19 if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall pay for his care until he is completely healed.
20 “And if someone strikes his male or female slave with a rod and the slave dies at his hand, he shall be punished. 21 If, however, the slave survives a day or two, no vengeance shall be taken; for the slave is his property.
22 “Now if people struggle with each other and strike a pregnant woman so that she gives birth prematurely, but there is no injury, the guilty person shall certainly be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. 23 But if there is any further injury, then you shall appoint as a penalty life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
26 “And if someone strikes the eye of his male or female slave and destroys it, he shall let the slave go free on account of the eye. 27 And if he knocks out a tooth of his male or female slave, he shall let the slave go free on account of the tooth.
Exodus 21:18-27
The next section relates to personal injuries and property rights related to oxen and other beasts. This does not apply to everyone all of the time, only in specific instances that happen as part of animal husbandry. Note should be taken that property rights are not absolute and the death penalty can be required if there is a loss of life due to a goring ox. The responsible owner will ensure to the best of his ability that the oxen he owns do not harm people.
28 “Now if an ox gores a man or a woman to death, the ox shall certainly be stoned and its flesh shall not be eaten; but the owner of the ox shall go unpunished. 29 If, however, an ox was previously in the habit of goring and its owner has been warned, yet he does not confine it and it kills a man or a woman, the ox shall be stoned and its owner also shall be put to death. 30 If a ransom is demanded of him, then he shall give for the redemption of his life whatever is demanded of him. 31 Whether it gores a son or a daughter, it shall be done to him according to the same rule. 32 If the ox gores a male or female slave, the owner shall give his or her master thirty shekels of silver, and the ox shall be stoned.
33 “Now if someone opens a pit, or digs a pit and does not cover it, and an ox or a donkey falls into it, 34 the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his.
35 “And if someone’s ox injures another’s ox so that it dies, then they shall sell the live ox and divide its proceeds equally; and they shall also divide the dead ox. 36 Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he must make restitution of ox for ox, and the dead animal shall become his.
Exodus 21:28-35
Exodus 22:1-15 discusses property rights and restitution related to property management and animal husbandry. I won’t discuss everything, but I wish to highlight some specific things here.
Restitution for theft is described in Exodus 22:1
“If someone steals an ox or a sheep and slaughters it or sells it, he shall pay five oxen for the ox and four sheep for the sheep”
Exodus 22:1
Killing a thief or burglar is justified only at night, but not in the daytime.
If the thief is caught while breaking in and is struck so that he dies, there will be no guilt for bloodshed on his account. 3 If the sun has risen on him, there will be guilt for bloodshed on his account
Exodus 22:2-3
In this next section, Yeshua moves from animal husbandry, agriculture and property rights which are essential to the proper ordering of an agricultural society to general rules that apply to everyone.
The seduction of an unbetrothed virgin girl without intention of marriage will draw the penalty of payment of the dowry for virgins. The father of the girl will decide whether to allow her to marry the cad. An honorable man will pay the dowry first and then take the girl to be his wife with her father’s approval and/or blessing. Unfortunately, every society has boys and men who have no honor nor resources to pay the dowry so they try to cheat.
16 “If a man seduces a virgin who is not betrothed and sleeps with her, he must pay a dowry for her to be his wife. 17 If her father absolutely refuses to give her to him, he shall pay money equal to the dowry for virgins.
Exodus 22:16-17
Trafficking with the powers of darkness is a capital crime.
“You shall not allow a sorceress to live.
Exodus 22:18
Bestiality is another capital crime. This prohibition is repeated in Leviticus 20:15-16.
Whoever has sexual intercourse with an animal must be put to death.
Exodus 22:19
Idolatry is breaking the covenant by worshipping one of the other elohim (translated as god), and it also is spiritual adultery. As a wife can only have one husband, so Israel must worship YHVH Elohim alone. The penalty for adultery is death (see Leviticus 20:10).
He who sacrifices to any god, other than to the Lord alone, shall be utterly destroyed.
Exodus 22:20
The word translated as stranger is the Hebrew word גר (H#1616).
You shall not oppress a stranger nor torment him, for you were strangers in the land of Egypt.
Exodus 22:21
The definition of ger is as follows.
sojourner
- a temporary inhabitant, a newcomer lacking inherited rights
- of foreigners in Israel, though conceded rights
This particular ordinance is of particular importance when considering immigration laws. Legal immigrants that are not citizens have the equivalent status of ger. However, illegal immigrants can be considered thieves who try to climb over the fence (literally in many instances) instead of coming in the door. As Yeshua noted
“Truly, truly I say to you, the one who does not enter by the door into the fold of the sheep, but climbs up some other way, he is a thief and a robber.
John 10:1
Widows and orphans receive special protection from YHVH and Yeshua.
22 You shall not oppress any widow or orphan. 23 If you oppress him at all, and if he does cry out to Me, I will assuredly hear his cry; 24 and My anger will be kindled, and I will kill you with the sword, and your wives shall become widows and your children fatherless.
Exodus 22:22-24
Consider this with James’ statement that
27 [p]ure and undefiled religion in the sight of our God and Father is this: to visit orphans and widows in their distress, and to keep oneself unstained by the world.
James 1:27
The banking and related industries that loan money at interest would not like this next ordinance.
Exodus 22:25
25 “If you lend money to My people, to the poor among you, you are not to act as a creditor to him; you shall not charge him interest.
Steven M. Collins wrote an article in which he says the banking system has its origins in Babylon. This article can be accessed here: https://stevenmcollins.com/articles/what-kind-of-captivity/
Yeshua is less concerned with modesty than ensuring a man (or woman or child) is warm at night. It appears that working (mostly or completely) naked during the day is fine (depending on whether the man has an undergarment).
26 If you ever seize your neighbor’s cloak as a pledge, you are to return it to him before the sun sets, 27 for that is his only covering; it is his cloak for his body. What else is he to sleep in? And it will come about that when he cries out to Me, I will listen to him, for I am gracious.
Exodus 22:26-27
The Book of Job talked about this exact issue at several points.
6 For you have seized pledges from your brothers without cause,
And stripped people naked.
7 You have given the weary no water to drink,
And you have withheld bread from the hungry.
Job 22:6-7
6 They harvest their feed in the field
And glean the vineyard of the wicked.
7 They spend the night naked, without clothing,
And have no covering against the cold.
10 The poor move about naked without clothing,And they carry sheaves, while going hungry.
Job 24:6-7,10
19 If I have seen anyone perish for lack of clothing,
Or that the needy had no covering,
20 If his waist has not thanked me,
And if he has not been warmed with the fleece of my sheep
Job 31:19-20
James undoubtedly had Exodus and Job in mind when he asked
15 [i]f a brother or sister is without clothing and in need of daily food, 16 and one of you says to them, “Go in peace, be warmed and be filled,” yet you do not give them what is necessary for their body, what use is that?
James 2:15-16
Corollary to loving YHVH and Yeshua is not cursing Him nor His agents.
28 “You shall not curse God, nor curse a ruler of your people.
Exodus 22:28
This next part goes to the redemption from Egypt. The first part is His, just as the firstborn from the woman and the beasts are His.
29 “You shall not hold back the offering from your entire harvest and your wine. The firstborn of your sons you shall give to Me. 30 You shall do the same with your oxen and with your sheep. It shall be with its mother for seven days; on the eighth day you shall give it to Me.
Exodus 22:29-30
Being holy means our standards are elevated above the common.
31 “You shall be holy people to Me, therefore you shall not eat any flesh torn to pieces in the field; you shall throw it to the dogs.
Exodus 22:31
Different sides to justice are made clear. Every man must know this part. Justice applies in both daily life and within the judicial system. Throughout the Prophets, Writings and Brit Chadassah, there are numerous demands for justice and commentary on what justice means. The Parable of the Good Samaritan and James’ thoughts on seating the rich man and the poor man in the synagogue all go to these ordinances.
“You shall not give a false report; do not join your hand with a wicked person to be a malicious witness. 2 You shall not follow the crowd in doing evil, nor shall you testify in a dispute so as to join together with a crowd in order to pervert justice; 3 nor shall you show favor to a poor person in his dispute.
4 “If you encounter your enemy’s ox or his donkey wandering away, you must return it to him. 5 If you see the donkey of one who hates you lying helpless under its load, you shall not leave it helpless for its owner; you must arrange the load with him.
6 “You shall not pervert the justice due to your needy brother in his dispute. 7 Keep far from a false charge, and do not kill the innocent or the righteous, for I will not acquit the guilty.
8 “You shall not take a bribe, for a bribe blinds the clear-sighted and subverts the cause of the just.
9 “You shall not oppress a stranger, since you yourselves know the feelings of a stranger, for you also were strangers in the land of Egypt.
Exodus 23:1-9
This next section applies to the Sabbath rest. While it specifically mentions the farmer in an agricultural context, it is easy to see how this applies to non-agricultural businesses as well in allowing everyone and every beast the Sabbath day to rest.
10 “Now you shall sow your land for six years and gather in its yield, 11 but in the seventh year you shall let it rest and lie uncultivated, so that the needy of your people may eat; and whatever they leave the animal of the field may eat. You are to do the same with your vineyard and your olive grove.
12 “For six days you are to do your work, but on the seventh day you shall cease from labor so that your ox and your donkey may rest, and the son of your female slave, as well as the stranger residing with you, may refresh themselves.
Exodus 23:10-12
Again, don’t mention other gods, and don’t swear by them!
13 Now concerning everything which I have said to you, be careful; and do not mention the name of other gods, nor let them be heard from your mouth.
Exodus 23:13
The three great pilgrimage feasts are Unleavened Bread, Shavuot and Sukkot. More and more, it is becoming apparent that those of us in the Assyrian diaspora need to fulfill these ordinances and go to Jerusalem.
14 “Three times a year you shall celebrate a feast to Me. 15 You shall keep the Feast of Unleavened Bread; for seven days you are to eat unleavened bread, as I commanded you, at the appointed time in the month of Abib, for in that month you came out of Egypt. And no one is to appear before Me empty-handed. 16 Also you shall keep the Feast of the Harvest of the first fruits of your labors from what you sow in the field; also the Feast of the Ingathering at the end of the year when you gather in the fruit of your labors from the field. 17 Three times a year all your males shall appear before the Lord God. 18 “You shall not offer the blood of My sacrifice with leavened bread; nor is the fat of My feast to remain overnight until morning. 19 “You shall bring the choice first fruits of your soil into the house of the Lord your God.
Exodus 23:14-19a
This is the last ordinance I will discuss for this portion since the rest is related to the First Exodus and the Conquest. This one goes to the idea that you don’t pervert what is meant for life as a way to kill.
“You are not to boil a young goat in the milk of its mother.
Exodus 23:19b
This has been a long and detailed discussion. It is well worth reading and re-reading because within Exodus 19-23 are the terms of the national covenant made with Israel by Yeshua. Leviticus, Numbers and Deuteronomy all expand and clarify these ordinances. The Prophets and the Writers call us back over and over to the Covenant and demand that we live up to them in thought and deed, both in our outward actions and inward hearts.