“These are the guidelines that you shall set before them” (Shemos 21:1)

In Parshas Beshalach, there is a reference to the mitzvos which were given to bnei Yisrael in Mara. One of those mitzvos was the mitzvah of judging people’s monetary disputes in a court (dinim). Here, right after accepting the Torah, we seemingly are again given this commandment as the first mitzvah of parshas Mishpatim. What is the difference between the dinim of Mara and the mishpatim in this week’s Parsha?

Rav Zalman Sorotzkin, the Av Beis Din of Slutzk (also known as the Lutzker Rav 1881-1966) explains that dinim refer to the obligation to have civil laws to keep disputes at bay and people in order. This is similar to the mitzvah of dinim that were given to the Bnei Noach. However, mishpatim are different. Chazal tell us that just as the 10 Commandments were given at Sinai to the Jews, so too were all these laws; They are G-d-given, and they have particular aspects to them that would not be understood by the regular, rational mind. For example, the average person would not be able to understand why someone would be obligated to pay for revealed things that were destroyed by his fire but not be obligated to pay for the hidden things destroyed by his fire.

Rav Sorotzkin asks another question: Why, of all the mitzvos in this week’s parsha, why was the mitzvah of a Hebrew slave given first?

He answers based on modern history. Those who remember the rise of Communism know that it was supposed to be the ultimate society for the small man – everyone would work equally, and all the wealth would be shared equally. Everything sounded good until it came time to actualize it. Those who were put in key positions took advantage of their power, taking the wealth for themselves, while they oppressed the proletariat – the typical wage-earner. One would think that one who claims to be a freedom fighter for the oppressed would be most concerned about his fellow man. However, what happened was exactly the opposite. Those who were oppressed became the oppressors of those of lesser stature. How could this come to be?

The answer is that it is human nature to have such a response. After leaving Egypt, Klal Yisrael were in the exact same situation: They went from being an oppressed nation to one where they could even acquire a Hebrew slave. Therefore, the first thing that had to be impressed upon them was not to fall into the natural mindset of a slave-turned-master abusing his newly acquired slave. The Torah put this as the first mitzvah of Parshas Mishpatim to emphasize the importance of overcoming our natural tendencies in dealing with our fellow man. Our job is to follow Hashem’s commandments because He commanded them, and not because they make sense or feel right to us. For example, the Torah tells us that if the master has but one pillow, he must give it to his Hebrew slave and not keep it for himself! Overcoming our natural tendencies isn’t only when owning a slave – it is the way we are supposed to approach all dinim.

I believe that this first mitzvah is also setting the tone for how we are supposed to approach all our learning experiences. Those who were fortunate enough to learn in Yeshiva, were made aware that there is a Torah approach to thinking and processing information. We must approach every thought process and every mitzvah, not with our own sense of what is right, rather we must through a Torah-based thought-process in order to reach the correct conclusions.

May we merit to learn properly and come to the intended conclusions that Hashem has set out for us.