Mishpatim

Mishpatim - Mike Hollander

Mike grew up in Canada and has been living in Israel since 1988. He has worked as a Jewish educator for over 25 years, and spends much of his time working as an Israeli tour educator. He can be reached at mandmhollander@bezeqint.net.

Succeeding the Decalogue at Mt. Sinai, and leading up to the construction of the Mishkan (sanctuary), it seems at first glance that Parshat Mishpatim is little more than a list of commandments, beginning with God telling Moses, "These are the rules that you shall set before them."

The Talmud divides the large number of Mitzvot (commandments) (one of the largest number in any of the Parshiot) into two types: civil laws which focus on ethical, social, and moral issues designed to regulate behaviour of man to man (ben adam le-chavero); and religious or ritual laws, which dictate how man should relate to God, (ben adam le-Makom) (Yoma 85b).

The late Nahum Sarna (20th century biblical scholar) suggested that these two types of mitzvot should not be seen separately and that there is an "indiscriminate commingling and interweaving...of cultic topics and moral imperatives." Their observance helps form the relationship between man and God, and their fulfillment will allow us to be "holy people" to God (Exodus 22:30).

One of the aspects of this portion that has always struck me is the special emphasis on how to relate to the weaker parts of society, especially the ger, which is translated either as a convert to Judaism or any other stranger. "Do not oppress a ger; you know the feelings of a ger, for you were gerim in the land of Egypt." (Exodus 23:9) Twice in this chapter, and in total 36 times in the Torah, we are told how to behave toward the ger, more than any other reference to any other mitzvah.

Various explanations address this unusual emphasis. Rashi (11th century commentator) suggests that our collective memory of being an oppressed minority and slaves in Egypt should inform how we should treat the stranger, as "you know how painful it is for him when you oppress him." The Ramban (13th century commentator) argues that just as God rescued the Israelites from oppression in Egypt, they should now be God's partners in helping the oppressed. Samson Raphael Hirsch (19th century commentator) suggests that because we are sensitive to having been persecuted, we should be more sensitive to the suffering of others.

This constant reminder of how to relate to and treat 'the other' has always been very important to me living in Israel. Since the creation of the state almost sixty years ago, for the first time in almost two millennia we are a majority in our country. How do we treat the stranger or foreigner amongst us? Twenty percent of Israeli citizens are Arabs. Do they have equal rights to the Jewish majority? As of last month, for the first time, we have an Arab minister in the government. Does this mean that they are treated equally?

What about our estimated 250,000 foreign workers? Many were brought here to work in construction, agriculture, and domestic employment, but many stay beyond the expiration of their visa, or transfer to another employer (which bizarrely makes them 'illegal'). Do we treat them fairly? Do we make sure they receive minimum wage, provide them with health care, or take care of their children? Recently, this issue has come up as a number of young children of foreign workers are being threatened with being sent overseas as they do not have Israeli citizenship.

Unfortunately, I am not sure that our collective memory as strangers necessarily informs how we treat the ger in Israel today. I recently visited a school in south Tel Aviv where children from over 20 countries are studying. Fortunately, support from private, non-governmental sources ensures the funding necessary to provide both adequate nutrition as well as an enriched academic program.

Let us hope that our government will realize its responsibility of taking care of the ger amongst us. Only then will we, the Jewish majority in Israel, truly be "holy people" to God.