NOW THESE ARE THE JUDGMENTS —Just as the first commandments (the “aseres hadibros”) were given at Sinai, so too these were given at Sinai! (Rashi to Shemos 20:1)

Why would we think that part of the Torah was not transmitted at Mount Sinai?

There are three types of laws: Chukim, Eidos and Mishpatim. Many of the commentators tell us that because “Chukim” (statutes), such as shatnez and cooking or eating milk and meat together, are illogical to the average human, we can understand them as being “G‑d-given.” “Eidos” – a form of mitzvos which testify to different aspects of our religion, are also understandable as designed by G-d. However, one might conclude that Moshe himself made up the “Mishpatim,” being that they are just logical laws of how to live with other people. Therefore, the Torah had to stress the point that “Mishpatim” were also given at Sinai.

Usually, the first item in a list is the paradigm of the list of items. In the Torah, the first “Mishpat” is a situation when a Jew steals and is then sold into slavery. But is such a law really a “Mishpat” – a “logical” law? Perhaps it would have made more sense to start parshas Mishpatim with the laws of watchmen?

The secular world uses prison to punish criminals, but society unfortunately knows that many criminals imprisoned for light crimes will learn new and more vicious forms of criminality during their confinement. Even though they often have the option to receive vocational training in jail, most do not work on paving a new path in life. In contrast, look at how the Torah directs us to deal with a thief: A person steals and cannot pay it back, so the victim must take the thief into his home, support him and his wife with everything they need for their day-to-day lives, and then send him off with a present at the end of their stay! If the servant wants to stay there for an extended period of time, then his ear is pierced at the door to remind him that Jews are not to be slaves to others. Where is the logical “Mishpat” in such an odd commandment? Of course, a reason the Torah arranged this is so that the thief would live in the home of a righteous person (as who else would take him in?) – an environment of positive encouragement and goodness. This would hopefully function as his correctional school so that when he eventually leaves he will pursue a more constructive life.

There are other examples of Mishpatim not being as logical as one would expect, such as the thief who steals a lamb, and then sells or slaughters it, is given a “discount” on his fine because he had to take it on his shoulders (the punishment of a fine is an extension of the Mishpat).

Reb Chaim Brisker once commented that the concept of Mishpatim is not that these commandments conform to what is reasonable according to human intellect. On the contrary, Hashem looked into the Torah, created the world, and declared “these are Mishpatim,” designed so that the human mind can comprehend them. Therefore, we understand that a Mishpat is just as lofty a Mitzva as eating matzah on Pesach. Meaning, just as through performing other mitzvahs, one becomes a better person, so too by following the Mishpatim in the Torah, which are G-dly, we become more complete human beings. However, this only has that effect when one understands and learns the Mishpatim with reverence and understanding that these are G-dly laws and not something that could have been developed with human intellect.

I would like to at this time explain something which I do many times in a shiur. I will ask a question and then ask, “What do you think is the answer?” Some people will present an answer based on their knowledge of the secular world, but what I really desire is that the participants will draw a conclusion from Torah concepts. For the logic and rules of the secular world do not apply to the unique world of the Torah.