Shabbat Parashat Mishpatim 5783

Parashat Hashavua: Parashat Mishpatim and the Basic Law of a Person’s Dignity and Freedom – part I

The Basic Law of a Person’s Dignity and Freedom was passed by the Knesset in Adar II 5752 (1992) with a majority of 32-21 (less than half the MPs voted). Ostensibly, this law came to ensure basic rights that are based on the lofty values of the sanctity of life, freedom, personal liberty, human dignity, right to ownership, and privacy. One would think that all religious people would rejoice that these basic Jewish values, which are based on the Torah of Moshe, primarily in our parasha, were being adopted formally.

The happiness turned quickly into sadness, because of two unfortunate developments:

A. Under the leadership of the Supreme Court President, this law was misused to begin what became known as the Constitutional Revolution, which gave the court unreasonable power in comparison with the Knesset. A strong Supreme Court is an interest of everyone who objects to dictatorship and its horrible ills. However, democracy at its best maintains a balance between the three branches of government and promises appropriate brakes on its elements. Significant portions of the populace of Israel see in the court’s great power a deadly blow to the proper order of government. Former Justice Minister Ayelet Shaked should be thanked for her major efforts to balance the panel of judges in this highest tribunal of our beloved state’s judicial branch.   

  B. Under the leadership of the Supreme Court President, this law, which is based on the Torah, turned into a “spade with which to dig,” in order to rebel against important basic principles of Jewish belief, in which most of Israeli citizenry believes and wants to respect. This is despite the fact that the Knesset introduced it with the following words: “The purpose of this basic law is to protect a person’s dignity and freedom, in order to anchor with a basic law the values of the State of Israel as a Jewish and democratic state.”

Looking at our parasha, we can see how such protections were the concern of the Torah, as presented at Sinai some 3,500 years ago. These are some of the ideas on the matter that we find, as presented in the Torah in the following order: 1. The nation is commanded to establish organized judicial institutions which will give a timely response to those seeking relief from civil disputes (Yitro’s recommendation, Shemot 18:1-26). 2. The giving of the Torah at Sinai (ibid. 19-20). 3. The compendium of specific monetary law as well as the rules of the ethics of jurisprudence (ibid. 21:1-23:9). 4. A second description of the revelation at Sinai.

This special structure of presentation stresses how important a Jewish judicial system is; it is at the very heart of the Torah. It is indeed the basis of the Rabbis phrase “… Who gave us a Torah of truth and eternal life He embedded in our midst.”

Top of page

Print this page

Send to friend