Sivan 7, 5762 / May 18, 2002
Sivan 11, 5765 / June 18, 2005
Sivan 11, 5768 / June 14, 2008
Sivan 9, 5771 / June
11, 2011
Sivan 9, 5774 / June
7, 2014
Sivan 9, 5777 / June
3, 2017
Sivan 7, 5780 / May
30, 2020
V'elleh haMishpatim
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These are the Judgments
SCRIPTURES (should be read first)
V. 21:1 Business halacha is
part of holiness, along with the preceding civil and Altar laws.
V. 21:2-6 One may sell himself
into servitude due to extreme poverty (Lev 25:39), or a thief
may be sold by court order for six years for restitution (v.
22:2), the case herein. The court is called Elohim,
because the court carries out God’s law. Le-olam
(forever) here means until the Jubilee (fiftieth) year.
V. 21:7-11 A father may sell a
prepubescent girl, for her benefit (not his), for the
expectation that either the master or his son will marry her. If
neither of them marry her, Torah considers this a betrayal of
the girl (V.8). A father should not ordinarily exercise this
right (Kiddushin 41a), but he may in order to provide a better
opportunity for her than would otherwise exist.
V. 21:12-14 Premeditated murder
requires the death penalty, even for a priest about to serve at
the altar. One who kills unintentionally but through
carelessness is exiled to a city of refuge (Num 35 & Deut 19).
V. 22:1-3 Killing is permitted for
self-defense, but not to save property.
Righteous Judgment
There are several Hebrew and Greek
words translated “judge” in our Bibles.
The Hebrew word “palil” means
to judge or distinguish the difference between things. As to the
difference between gods, we read in Deuteronomy 32:31, “Indeed
our Rock is not like their rock, even our enemies themselves
judge this.”
The Hebrew word “din” is
about Yahweh – the God of grace and mercy – defending His
people. We may recognize it from the term “Beit Din,” the
house of halachic judgment. Halachic judgment is about
elected judges making determinations of how we are to walk to
fulfill Torah – this is not an individual’s right to decide. “Din”
is the root of the name “Dan,” the tribe whose name means
judge. The word “din” is used in 1 Samuel 2:10, “Yahweh
will judge the ends of the earth”, and in Psalm 135:14, “Yahweh
will judge His people and have compassion on His servants”.
The Hebrew word “shaphat”
refers to judging sin. In Genesis 18:25 we see Abraham, talking
about the destruction of Sodom and Gomorrah, saying that Elohim
is “Judge of all the earth.” In Deuteronomy 1:16, God
instructs judges to “judge righteously,” and in verse
17:12, the man who will not listen to the judge “shall die.”
The Hebrew word “mishpat” is
from the previous word “shaphat.” In Habakkuk, we see
that Yahweh appointed the Chaldeans to judge – to bring
destruction on nations for their sin.
Now we come to the word “mishpatim”
– the plural of “mishpat”. The mishpatim /
judgments are the moral laws by which God will judge the world
that does not walk with Him.
(V.1) “These are the judgments” –
the moral and ethical laws, the first of three categories of
commandments.
The three
Biblical
Categories of Commandments:
1) Mishpatim - Judgments
. . . moral and ethical laws.
That the moral and
ethical laws apply to today’s followers of Yeshua is seldom
questioned. Yeshua himself stressed that hating a brother is sin
under the commandment against murder, and lust is covered by the
commandment against adultery (Matthew 5).
2)
Edos - Ordinances or
Witnesses . . . rituals and festivals showing
religious truths.
While baptism was
taught by John the baptizer and the apostles, it is seldom seen
today as the ordinance of the Torah concerning ritual immersions
in the mikvah. A detailed explanation is given in the page
Mikvah/Baptism.
Yeshua and the
apostles also taught concerning the application of festive
ordinances to us - even gentiles. For examples, the
applicability and messianic nature of Sabbath and Festivals are
shown in those pages.
3) Hukim - Statutes or Decrees
. . . commandments bonding God and man, having no obvious
reason.
The statutes include
kosher diet (which cannot all be explained by health reasons),
and circumcision.
(V. 22) “He shall pay as the judges
decide.” These are rules for the judges to use in making fair
resolutions. They were never intended as rules for taking
personal retribution.
Several words of different meanings
are translated “judge” in various Scriptures. The “Do not judge”
in Matthew 7 means “Do not condemn”, as in “do not place
yourself in the position reserved for the elected judges.”
However, we are required to make personal judgments of the type
where we determine what the actions of another might require of
us.
For an extreme example: If I see
someone trying to violently take another’s life, I should
immediately “judge” whose side to take, and what kind of
response I should make. If the perpetrator is successful, it is
not my right to take personal vengeance (I am not excluding a
right of defense – to use deadly force to stop a murder);
however, it is my duty to be a witness to the judges. If the
judges find the perpetrator guilty, then they are to require
life for life. In the Biblical setting, following a guilty
verdict for a capital offense, witnesses normally cast the first
stones.
[From the discussion:] One who was
himself guilty of a certain crime could not be an acceptable
witness against another for that type of crime. In the case of
the adulteress brought to Yeshua, a case was being sought
against Yeshua as an unqualified judge. Firstly, He properly
“judged”/discerned the sin; secondly, He properly
“judged”/decided the appropriate response; thirdly, He did not
“judge”/condemn the woman, because He was not currently in the
position of a judge. Additionally, He caused the witnesses to be
convicted, because they were too guilty to be appropriate
witnesses.
Matthew 5:
Fair judgment (an eye for an
eye) means that a proportionate judgment is to be meted for
the loss that was caused. For the loss of an eye, the
injured party should be awarded an amount to make up for his
loss, including wages and suffering: the defendant’s eye is
not put out in retribution. So, we see that Yeshua was
correcting a misuse of Torah (“You have heard that it was
said”, concerning personal retribution); He was not changing
Torah.
We are still
required to give witness before judges after being an
eye-witness to criminal behavior.
There are priorities in the
commandments: some take precedence over others. On one hand,
saving a life takes precedence over most other commandments. I
went to a store and made a purchase on a Sabbath for my mother
when she was dying, while considering how easily my motives
might be misjudged if certain people would see me. On the other
hand, “precedence” may be misused as an excuse for violating
God’s instruction, in order to please oneself.
Matthew 7:
Before we try to force
correction upon a brother for a perceived wrong perspective,
we should consider the propriety of our own perspective.
This often applies to judging / condemning another’s
motives. It applies to having a critical attitude. We are
not forbidden – we are required – to judge / make decisions
about who is best suited for various positions in our lives;
but we are not to be prejudiced, which means judging before
we have a proper basis for making a decision.
Isaiah concludes (haftarah)
today’s Torah portion, speaking of just judgment, and walking in
Torah: “Thus says Yahweh,
‘Preserve justice and do righteousness, for My salvation is
about to come and My righteousness to be revealed’.”
Then he speaks of gentiles: “Also the foreigners who join
themselves to Yahweh, to minister to Him, and to love the name
of Yahweh, to be His servants, every one who keeps from
profaning the Sabbath and holds fast My covenant; even those I
will bring to My holy mountain and make them joyful in My house
of prayer.”
The Psalmist writes prophetically
concerning a wrong judgment of Yeshua, and the condemnation /
judgment of His betrayer: “For it is not an enemy who
reproaches me, then I could bear it; nor is it one who hates me
who has exalted himself against me, then I could hide myself
from him. But it is you, a man my equal, My companion and my
familiar friend; we who had sweet fellowship together walked in
the house of God in the throng. Let death come deceitfully upon
them; let them go down alive to Sheol, for evil is in their
dwelling, in their midst. As for me, I shall call upon God, and
Yahweh will save me.”
Colossians 2:16-17 does not say that
we should “let no man decide for us which days to set aside
for worship,” thereby making Sunday acceptable. It does not
say – except as inserted in certain versions – that we should “let
no man condemn us for not keeping the Sabbath Holy.”
It does say, “Let no man condemn you . . . for keeping
Sabbaths,” etcetera, and both Jews and gentiles like to
condemn us for just that reason, often misusing this very verse
to do so. And the next verse says that the reason for observing
these things is because they are prophetic shadow-pictures of
Messiah Himself.
Judge righteous judgment, because God is going to judge in
defense of those who walk with Him, and in condemnation of the
world.
Readings:
"Blessed are You, Yahweh our God, King
of the Universe,
Who chose us from among all peoples by
giving us Your Torah.
Blessed are You, Yahweh, giver of the
Torah."
Reader 1*
Amen. 1 "Now these are the
judgments which you are to set before them: 2
"If you buy a Hebrew slave, he shall serve for six years; but on
the seventh he shall go out as a free man without payment.
3 "If he comes alone, he shall go out alone; if he is the
husband of a wife, then his wife shall go out with him. 4
"If his master gives him a wife, and she bears him sons or
daughters, the wife and her children shall belong to her master,
and he shall go out alone. 5 "But if the slave
plainly says, 'I love my master, my wife and my children; I will
not go out as a free man,' 6 then his master shall
bring him to God, then he shall bring him to the door or the
doorpost. And his master shall pierce his ear with an awl; and
he shall serve him permanently. 7 "If a man sells his
daughter as a female slave, she is not to go free as the male
slaves do. 8 "If she is displeasing in the eyes of
her master who designated her for himself, then he shall let her
be redeemed. He does not have authority to sell her to a foreign
people because of his unfairness to her. 9 "If he
designates her for his son, he shall deal with her according to
the custom of daughters. 10 "If he takes to himself
another woman, he may not reduce her food, her clothing, or her
conjugal rights. 11 "If he will not do these three
things for her, then she shall go out for nothing, without
payment of money.
Reader 2*
Amen. 12 "He who strikes a man so that he dies shall
surely be put to death. 13 "But if he did not lie in
wait for him, but God let him fall into his hand, then I will
appoint you a place to which he may flee. 14 "If,
however, a man acts presumptuously toward his neighbor, so as to
kill him craftily, you are to take him even from My altar, that
he may die. 15 "He who strikes his father or his
mother shall surely be put to death. 16 "He who
kidnaps a man, whether he sells him or he is found in his
possession, shall surely be put to death. 17 "He who
curses his father or his mother shall surely be put to death.
Reader 3*
Amen. 18 "If men have a quarrel and one strikes the
other with a stone or with his fist, and he does not die but
remains in 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
take care of him until he is completely healed. 20
"If a man strikes his male or female slave with a rod and he
dies at his hand, he shall be punished. 21 "If,
however, he survives a day or two, no vengeance shall be taken;
for he is his property. 22 "If men struggle with each
other and strike a woman with child so that she gives birth
prematurely, yet there is no injury, he shall surely 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 "If a man strikes the eye of his male or
female slave, and destroys it, he shall let him go free on
account of his eye. 27 "And if he knocks out a tooth
of his male or female slave, he shall let him go free on account
of his tooth.
Reader 4*
Amen. 28 "If an ox gores a man or a woman to death,
the ox shall surely 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 "If a man opens a pit, or digs
a pit and does not cover it over, 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 "If one man's ox hurts
another's so that it dies, then they shall sell the live ox and
divide its price equally; and also they shall 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
shall surely pay ox for ox, and the dead animal shall become
his.
Reader 5*
Amen. 22:1 "If a man steals an ox or a sheep and
slaughters it or sells it, he shall pay five oxen for the ox
andfour sheep for the sheep. 2 "If the thief is
caught while breaking in and is struck so that he dies, there
will be no bloodguiltiness on his account. 3 "But if
the sun has risen on him, there will be bloodguiltiness on his
account. He shall surely make restitution; if he owns nothing,
then he shall be sold for his theft. 4 "If what he
stole is actually found alive in his possession, whether an ox
or a donkey or a sheep, he shall pay double. 5 "If a
man lets a field or vineyard be grazed bare and lets his animal
loose so that it grazes in another man's field, he shall make
restitution from the best of his own field and the best of his
own vineyard. 6 "If a fire breaks out and spreads to
thorn bushes, so that stacked grain or the standing grain or the
field itself is consumed, he who started the fire shall surely
make restitution. 7 "If a man gives his neighbor
money or goods to keep for him and it is stolen from the man's
house, if the thief is caught, he shall pay double. 8
"If the thief is not caught, then the owner of the house shall
appear before the judges, to determine whether he laid his hands
on his neighbor's property. 9 "For every breach of
trust, whether it is for ox, for donkey, for sheep, for
clothing, or for any lost thing about which one says, 'This is
it,' the case of both parties shall come before the judges; he
whom the judges condemn shall pay double to his neighbor.
Reader 6*
Amen. 10 "If a man gives his neighbor a donkey, an
ox, a sheep, or any animal to keep for him, and it dies or is
hurt or is driven away while no one is looking, 11 an
oath before Yahweh shall be made by the two of them that he has
not laid hands on his neighbor's property; and its owner shall
accept it, and he shall not make restitution. 12 "But
if it is actually stolen from him, he shall make restitution to
its owner. 13 "If it is all torn to pieces, let him
bring it as evidence; he shall not make restitution for what has
been torn to pieces. 14 "If a man borrows anything
from his neighbor, and it is injured or dies while its owner is
not with it, he shall make full restitution. 15 "If
its owner is with it, he shall not make restitution; if it is
hired, it came for its hire.
Reader 7*
Amen. 16 "If a man seduces a virgin who is not
engaged, and lies 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. 18 "You shall not allow a sorceress to live.
19 "Whoever lies with an animal shall surely be put
to death. 20 "He who sacrifices to any god, other
than to Yahweh alone, shall be utterly destroyed. 21
"You shall not wrong a stranger or oppress him, for you were
strangers in the land of Egypt. 22 "You shall not
afflict any widow or orphan. 23 "If you afflict him
at all, and if he does cry out to Me, I will surely 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.
"Blessed are You, Yahweh our God, King
of the Universe,
Who in giving us Yeshua, the Living
Torah, has planted everlasting life in our midst.
Blessed are You, Yahweh, giver of the
Torah."
______________________
"Blessed are You, Yahweh our God, King
of the Universe,
Who selected good prophets, delighting
in their words which were spoken truthfully.
Blessed are You, Yahweh, Who chose the
Torah, Your servant Moses, Your people Israel,
and the prophets of truth and
righteousness."
Isaiah 56:1-7
Reader 8*
Amen. 1 Thus says Yahweh, "Preserve justice and do
righteousness, for My salvation is about to come and My
righteousness to be revealed. 2 "How blessed is the
man who does this, and the son of man who takes hold of it; who
keeps from profaning the Sabbath, and keeps his hand from doing
any evil." 3 Let not the foreigner who has joined
himself to Yahweh say, "Yahweh will surely separate me from His
people." Nor let the eunuch say, "Behold, I am a dry tree."
4 For thus says Yahweh, "To the eunuchs who keep My
Sabbaths, and choose what pleases Me, and hold fast My covenant,
5 to them I will give in My house and within My walls
a memorial, and a name better than that of sons and daughters; I
will give them an everlasting name which will not be cut off.
6 "Also the foreigners who join themselves to Yahweh,
to minister to Him, and to love the name of Yahweh, to be His
servants, every one who keeps from profaning the Sabbath and
holds fast My covenant; 7 even those I will bring to
My holy mountain and make them joyful in My house of prayer.
Their burnt offerings and their sacrifices will be acceptable on
My altar; for My house will be called a house of prayer for all
the peoples."
Psalm 55 (To
be sung.) For the choir director; on stringed
instruments. A Maskil of David.
1 Give ear to
my prayer, O God; and do not hide Yourself from my supplication.
2 Give heed to me and answer me; I am restless in my
complaint and am surely distracted, 3 because of the
voice of the enemy, because of the pressure of the wicked; for
they bring down trouble upon me and in anger they bear a grudge
against me. 4 My heart is in anguish within me, and
the terrors of death have fallen upon me. 5 Fear and
trembling come upon me, and horror has overwhelmed me. 6
I said, "Oh, that I had wings like a dove! I would fly away and
be at rest. 7 "Behold, I would wander far away, I
would lodge in the wilderness. Selah. 8 "I would
hasten to my place of refuge from the stormy wind and tempest."
9 Confuse, O Lord, divide their tongues, for I have
seen violence and strife in the city. 10 Day and
night they go around her upon her walls, and iniquity and
mischief are in her midst. 11 Destruction is in her
midst; oppression and deceit do not depart from her streets.
12 For it is not an enemy who reproaches me, then I
could bear it; nor is it one who hates me who has exalted
himself against me, then I could hide myself from him. 13
But it is you, a man my equal, My companion and my familiar
friend; 14 we who had sweet fellowship together
walked in the house of God in the throng. 15 Let
death come deceitfully upon them; let them go down alive to
Sheol, for evil is in their dwelling, in their midst. 16
As for me, I shall call upon God, and Yahweh will save me.
17 Evening and morning and at noon, I will complain and
murmur, and He will hear my voice. 18 He will redeem
my soul in peace from the battle which is against me, for they
are many who strive with me. 19 God will hear and
answer them-- even the one who sits enthroned from of old--
Selah. With whom there is no change, and who do not fear God.
20 He has put forth his hands against those who were
at peace with him; he has violated his covenant. 21
His speech was smoother than butter, but his heart was war; his
words were softer than oil, yet they were drawn swords. 22
Cast your burden upon Yahweh and He will sustain you; He will
never allow the righteous to be shaken. 23 But You, O
God, will bring them down to the pit of destruction; men of
bloodshed and deceit will not live out half their days. But I
will trust in You.
Matthew 5:38-42
Reader 9*
Amen. 38 “You have heard that it was said, 'An eye
for an eye, and a tooth for a tooth.' 39 But I say to
you, do not resist an evil person; but whoever slaps you on your
right cheek, turn the other to him also. 40 If anyone
wants to sue you and take your shirt, let him have your coat
also. 41 Whoever forces you to go one mile, go with
him two. 42 Give to him who asks of you, and do not
turn away from him who wants to borrow from you.”
Matthew 7:1-5
Reader 10*
Amen. 1 “Do not judge so that you will not be judged.
2 For in the way you judge, you will be judged; and
by your standard of measure, it will be measured to you. 3
Why do you look at the speck that is in your brother's eye, but
do not notice the log that is in your own eye? 4 Or
how can you say to your brother, 'Let me take the speck out of
your eye,' and behold, the log is in your own eye? 5
You hypocrite, first take the log out of your own eye, and then
you will see clearly to take the speck out of your brother's
eye.”
"Blessed are You, Yahweh
our God, King of the Universe,
Rock of Ages, righteous
throughout all generations.
You are the faithful God,
promising and then performing, speaking and then fulfilling,
for all Your words are true
and righteous.
Faithful are You, Yahweh
our God, and faithful are Your words,
for no word of Yours shall
remain unfulfilled;
You are a faithful and
merciful God and King.
Blessed are You, Yahweh our
God, Who are faithful in fulfilling all Your words."
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