The sicha for parshas
Mishpatim is in Vol. III of Likkutei Sichos and is in part a
continuation of the sicha of parshas Yisro.
The Gemarrah says, what is the
meaning of the word “lifnei hem” from the posuk “ these are the
commandments that you should place before them”, and gives a
number of explanations:
1. The mishpatim have to be
before them - before Jewish judges. When there is a civil suit
between two Jews, they have to bring their case to Jewish judges and
not to non-Jewish judges, even though the ruling of non- Jewish
judges may be similar, the case has to go to the Jewish judge.
2. Lifnei hem means inward,
like panim, pnim, inside. These commandments have to be taught with
their reasons, with the pnim, the inside, with the background for
the commandment.
3. The Alter Rebbe in Torah
Ohr explains that lifnei hem means l’pniyusum, to their inward
essence, to their neshama. When the commandments are taught, the
hidden inner parts of the commandment also have to be taught, which
stimulates the inner part of the neshama, so that the mitzvas have
to be performed with soul, with neshama.
As we have spoken many times
before whenever there are three explanations on the same inyan, or
on the same word, they must all be connected. What is the connection
here? And why is this lesson given in the mitzvas that are called
mishpatim.
We know that there are three
kinds of mitzvas, chukas, aidus, and mishpatim, and their difference
is in terms of their logic. Chukim are commandments that have
absolutely no explanation at all, and we see no benefit in the human
condition. Yet G-d says, I have decreed a decree, and you have no
right to question it. Those are called a chukim. They have to be
fulfilled with the acceptance and the obedience of the yoke of G-dliness
and not for logical, human reasons.
Then there are aidus: these
are the mitzvas that testify to a certain event, like Shabbos
testifying to G-d creating the world. These are not something that
human intelligence would dictate, but once they are commanded, human
intelligence can explain the significance and the benefits of these
commandments.
Then there are those mitzvas
called mishpatim. These are the mitzvas which human intelligence
demands because of how necessary they are for the benefit of society
so that even if G-d had not commanded them, as the Gemarrah says, we
would learn not to steal from an ant, modesty from a cat and so on.
These mitzvas, the mishpatim mitzvas, are so obvious to human
intelligence, that we would keep them, even if they hadn’t been
given.
These are the three different
kinds of mitzvas. The question is, the lessons that we get from the
word lifnei hem, that it should be that before Jewish judges and not
non-Jewish judges, and that it should be with explanation and with
reason given for the commandment, and that we should fulfill the
mitzva with pnimiyus, with the neshama, why are they given in
connection with those commandments that are called mishpatim?
Now the first explanation - it
should be in front of Jewish judges and not non-Jewish judges, this
obviously applies to mishpatim more than to the others. In the
mishpatim, it is possible in a civil suit that the non-Jewish judges
should come to the same ruling as the Jewish judges. One might think
that it makes no difference what judge you go to, so the Torah has
to tell us - lifnei hem- bring the case before the Jewish judge. It
is obvious that when it comes to the mitzvas that are aidus and
chokim, which are G-dly commandments, not logical commandments, here
no one would think to bring questions about chukim, about not mixing
milk and meat, to non-Jewish judges. So there we do not have to be
told lifnei hem, before the Jewish judge and not before the
non-Jewish judge.
But the other two
explanations, that the commandment should be given with its
explanation, and that a mitzva should be taught with the pnimius,
with the inner core of the mitzva stirring the core of the neshama,
so that the mitzva is fulfilled with the neshama, why is that said
concerning mishpatim? It would be more appropriate to say it
concerning the aidus and the chokim.
The purpose of giving a reason
for a mitzva, is so that a person should feel connected to the
mitzvah. If I don’t understand something, I don’t feel connected.
When I do understand, it draws me into the activity so I do it with
more enthusiasm. Where do I need to be told that I should understand
the reason for a mitzva more than in the chukim. In the chukim,
where no obvious explanation is available, here I need to be told
that in order to do the chukim with a little bit of enthusiasm, I
need to understand the mitzvah, and yet we are told that we should
teach the reason for a mitzva in connection with those mitzvas that
are mishpatim which already have an obvious reason. And it’s
certainly true with the third explanation, that lifnei hem means
with my neshama. Obviously I need to fulfill the mitzvas of aidus
and chukim with my neshama, whereas by the mishpatim since it’s a
human need, and human intelligence dictates it, so I’m already
enthusiastic about that, what I really need help with, is to put my
soul, my neshama into the mitzvas that are chukim and aidus.
What does this mean?
G-d wants that when we do a
mitzva it should permeate into our entire being, not only in action,
speech and thought, but even in emotion and intelligence - all
should be affected and touched by the mitzva. The mitzvah should
affect even those faculties of the neshama that are called makifim,
the transcendent powers like will and pleasure. This means not only
those mitzvas that in general are directed to the heart and mind,
for example the love, fear and belief in G-d, where the mind and
heart have to get involved, but even the individual mitzvas, the
ones that are performed in action, have to affect the entire person.
It’s not enough that they affect only the actions; they have to
reach even the highest of all faculties, which is pleasure. A person
should have pleasure in doing the mitzva because one has to serve
G-d with joy, b’simcha u toov l’vav.
Therefore just as the mitzva
of mishpatim involves the mind because it has an obvious reason, in
the same way we have to do the chukim. Not only because we have to,
but we should also involve our mind that the mind should agree and
to the mind it should make sense that they should be fulfilled. It
should reach into the inner functionings of the mind and heart and
become comfortable there also.
What the Rebbe is saying is
that every mitzva including the chukim have to be performed with a
warmth, an enthusiasm, that feels relevant. There’s one of two ways
to be relevant. Obviously if it makes sense to you that brings it
close, makes it relevant. The other way is that when you discover a
relevance on the level of neshama, then the neshama feels
comfortable with the mitzva, to such a degree that even the mind and
the heart become comfortable with the mitzvah. So although we
haven’t discovered a reason, and the mind still doesn’t have an
explanation for the chukim, but the mind now feels connected to the
mitzvah and so will find a reason after the fact because it is
already relevant. So when something feels relevant on the level of
neshama it draws all the other faculties, the logic and the
emotions, into the mitzvah. When you do something with your neshama,
then all of you, every part of you gets involved and feels
connected, feels a relevance which of course produces an enthusiasm.
So now we can understand why
the Gemarrah says concerning the chukim that we have no permission
to question it or to doubt it in your mind. You would expect that
when you give a commandment that doesn’t have any explanation, the
statement should be, I am making this decree, and you have no
permission to not fulfill it, to refrain from it. But it doesn’t
say, you have no permission to not fulfill it; it says you have no
permission to doubt it in your mind.
It’s not enough that the
person actually fulfill the mitzvah even if it doesn’t have a
reason, because then he is doing the mitzvah without any enthusiasm,
without involving his neshama. The chukim, those mitzvahs which have
no explanation, we have to reach it on a neshama level. When you do
that then you have no thoughts of doubt, because you don’t feel
distant, you don’t feel that it is irrelevant, and so that even in
your thought, there is no hesitation, your mind is involved in the
mitzvah because the neshama draws the mind, so that you have no room
for doubts even in thought. Not only do you fulfill the mitzvah in
action, but also the thoughts are comfortable and feel the relevance
of the mitzvah even though the relevance is not the result of logic.
And so in order to fulfill the
chukim properly, you have to have the lifnei hem, the pnimiyus. You
have to arouse the pnimiyus of the neshama so that the rest of the
system, the seichel and the midos, are also involved in the mitzvah.
So again the question is, why
are these instructions given concerning mishpatim when they seem to
be more necessary in the eidus and the chukim?
The Chazal on the posuk, v’ele
hamishpatim, tell us that the vav of v’ele, means that this in
addition to what came before. That is, just as the commandments in
parshas Yisro were given from Har Sinai, starting with Anochi Hashem
Elokecha, which as we learned in parshas Yisro contains the deepest
and profound concepts of the oneness of G-d, so too all the
commandments even the simplest like not killing and not stealing,
which are obviously necessary even to the human intelligence, need
to be permeated with the awareness of the oneness of G-d, with
Anochi Hashem Elokecha.
Now parshas Mishpatim begins
with “v’ele”, “and these are the mishpatim”, which means that in
addition to the commandment of not killing and not stealing, which
have to be connected and permeated with the awareness of Anochi
Hashem Elokecha, the commandments appearing now in parshas Mishpatim,
like the previous commandments, have to be permeated with the
awareness of Anochi Hashem Elokecha.
And that is the explanation of
lifnei hem, that you have to bring mishpatim before Jewish judges,
and not before non-Jewish judges. Even though the non-Jewish judge
could come to the same conclusion based on human logic as the Jewish
judge, a Jew has to be guided in his life by Torah, and not by human
intelligence. So when you go to a Jewish judge and he gives you the
ruling, his ruling is permeated with the awareness of Anochi Hashem
Elokecha, that we do this logical thing not only because it is
logical but because it is what G-d wants. When you go to the
non-Jewish judge, it may be the same logic, but it is not based on
Anochi Hashem Elokecha.
And this is also the Alter
Rebbe’s explanation of lifnei hem, which means pnimiyus haneshama,
that the study and the fulfillment of the mishpatim of Torah have to
be not because of human intelligence but because of the neshama. If
a person says, I will fulfill the chukim even though I don’t
understand the explanation but I am sure G-d has a very good
explanation, that is not bringing the neshama into the mitzvah. Even
though you don’t have the explanation, you are motivated in the
fulfillment of the mitzvah by an explanation, which is not available
to you. However you are confident the explanation exists and because
there is a good explanation, that is why you are going to fulfill
the mitzvah. That is not bringing the neshama into the mitzvah.
Therefore even in the chukim,
you have to fulfill the chukim not because of a hidden reason that
may exist in heaven, but you have to fulfill it with your neshama,
from the pnimiyus of your neshama. And so it is also with the
learning and the fulfillment of all chukim. Concerning mishpatim, we
have to work very hard until it is completely comfortable in our
mind, that the mishpatim are not based only on human intelligence,
but that there is a neshama involved even in the simple mitzvah of
not killing and not stealing. You have to bring your neshama into
that as well.
So this is the connection
between the three meanings of lifnei hem. They all bring the same
message, that in every mitzvah there has to be an inner connection,
the person has to be connected to the mitzvah with his mind and with
his neshama and with an awareness that even the simplest mitzvah
comes from G-d, Anochi Hashem Elokecha.
The fact that even in the
simple mitzvahs, in the mishpatim, we mustn’t rely on human
intelligence, that it has to be lifnei hem, before Jewish judge,
even if the non-Jewish judges are just as smart, there are two
reasons for this:
First of all, when we do a
mitzvah only based on human logic, there is a real danger that from
the mitzvah we will come to an aveirah, a sin. The Gemarrah says,
the yetzer hara is very shrewd. The Fredecke Rebbe explains that the
yetzer hara will not come to a Jew and ask him to commit a sin.
First he comes to the Jew and asks him to do a mitzvah, which means
that the animal soul with its intelligence approves the fulfillment
of a mitzvah and says do the mitzvah, and so the person does the
mitzvah. But eventually because he is guided by his animal soul,
eventually the animal soul, with the same logic that drove him to do
the mitzvah will eventually drive him to do the aveirah until the
point of idolatry.
Another reason is, if we do
the mitzvah because of human intelligence, we are missing the
essential connection of the mitzvah – mitzvah meaning connection –
with Anochi Hashem Elokecha. And it is the whole purpose of the
mitzvah to bring about that connection.
As we have said in parshas
Yisro, the Giving of the Torah removed the decree that the higher
worlds cannot come down, and the lower worlds cannot go up. We see
here that even in the simple mitzvah, you have to have your neshama
permeate the mitzvah, and even the person who is on a very low
level, where he has to be told to learn modesty from a cat, is
invited to come up to the higher world, that he should be told the
mitzvahs with their meaning, and should be told the inner secrets of
the mitzvah, the pnimiyus of the mitzvah so that his neshama is
involved in the fulfillment of the mitzvah.