The word mishpatim comes from the same root as the word for judge and judging. Perhaps this is one of the main messages of this week’s parsha, that all people need to view the world in the same way as a judge must look at a court case, with the goal of always pursuing justice.
This week’s dvar Torah will focus on the initial verses of chapter 23 (the third chapter of Mishpatim). These verses are interesting because most commentaries appear to presume that these laws are specific for behaviour in a court: "You must not bear false rumors; you shall not join hands with the guilty to act as a malicious witness. You shall neither side with the majority to do wrong - you shall not perverse testimony in dispute so as to pervert it in favor of the majority - nor shall you show deference to a poor man in his dispute" (23:1 - 3). Not once, however, is there a reference to judges or court officials, and while all these rules most certainly apply to officers of the law, the fact is that these commandments are directed at individuals.
We live in a world in which most of us are removed from being part of the legal system. Indeed, many of us have probably had few interactions with civil courts (one hopes) or with beis din. But we live today in a society in which people are highly influenced by the judgements of others. And since we have so much access to each others’ lives, there has never been a more important time to apply the basic civilizing rules of Mishpatim to our lives. Let’s look closer:
23:1) Parents around the world are receiving constant reminders of the danger of cyberbullying to our children, and withou question, it happens to adults as well. Tearing other people down by destroying their character is obviously not a new thing, no more so than bullying, but our highly connected world has amplified the damage that can be done and thus we must always have in mind the commandment “You must not bear false rumors (or even true rumors, really); you shall not join hands with the guilty to act as a malicious witness.”
23:2) For the last several decades, we have seen a growing division among people. Those of different political viewpoints seem determined to believe the worst about those who differ from them. Whether you lean left or right, it has become far too easy to get swayed into demonizing the other side. Perhaps more significant is how easy it has become for each side to ignore the behavior of its own leaders, choosing to believe that one’s support needs to be all or nothing. Here we can see the significance of the the posuk: "You shall not side with the majority to do wrong.” We all tend to surround ourselves with like-minded people. Being in a so-called echo chamber makes it easy to just agree with the majority opinion, even when one’s gut is telling them that that opinion is wrong. The verse continues: “And you shall not give perverse testimony in dispute so as to pervert it in favor of the majority." The online world is full of clickbait articles, extreme opinions, and funny but difficult to doubt memes that subtly subvert the truth. A quote taken out of context or a news article from an unreliable source can be as damaging as a false testimony, since by sharing these items we are subtly saying that this is a thought with which we are in agreement.
23:4) Just as the Torah warns against siding with the majority to do wrong, it also says "nor shall you show deference to a poor man in his dispute." While this may seem obvious to some, and perhaps subtly unfair to others, this is one of the true beauties of the Torah. This statement is a recognition that it is part of human nature to want to help someone who appears to be in need - meaning both a person who is literally poor or someone viewed as an underdog. One might ask how this could be considered wrong. The answer, however, is in understanding that common culture may determine that someone or some group is the underdog, but just because that appears to be a majority view does not mean it is an accurate view. And even when there is a real underdog, the injustice of society cannot be repaired by unbalanced judgement or action. Society still has rules, and both sides must be judged fairly. The imbalance of mob mentality and the act of deferring to the underdog in a dispute can be seen throughout the current North American culture.
One example in which we can see how opinion is affected by false rumors and malicious testimony and has nevertheless become accepted because of the power of majority viewpoint is support for the BDS (BOycott, Divestment, Sanctions - an anti-Israel group) movement. People think, based on one sided information, that by supporting the Boycott Israel movement they are balancing the situation of the Palestinians in comparison to the Israelis, but, in fact, many of the companies affected by the BDS movement are companies that employ and supply all of the communities in the area. By deferring to the underdog, by assuming one is giving to the Palestinians by boycotting Israel, they have set up a new imbalance that will only lead to more conflict.
From the very inception of the Jewish people, Hashem made it clear that maintaining a just and civil society is not just a good thing to do, but our responsibility and our obligation. He also made it clear that this is not always a simple and natural societal path. Luckily, He also gave us the Torah to serve as a constant guidebook.
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