Lawless

Kapital 99 begins with the words “Hashem Malach Yirgizu Amim”, and is immediately familiar as one of the Perakim said each week as part of Kabbalas Shabbos. Although the Perek itself does not include any attribution, the Medrash Tehillim tells us that it is included among the eleven Kapitlach that Moshe Rabbeinu wrote on the final day of his life. Und, the greatest Rebbe that ever lived left important messages for his beloved nation within these words.

At the outset, Rashi establishes the context of this Perek: “Midaber B’Milchemes Gog U’Magog”, it speaks about the time following Gog U’Magog. Radak explains that this theme can be seen in the opening words: at that time, “Hashem Malach”, the Malchus of Hashem will be made clear, but “Yirgazu Amaim”, the nations of the world will quake in fear as they see their fate approaching, finally however, “Yoshev Keruvim”, the Shechina will once again rest between the Keruvim.

The remaining Pessukim are readily understood in this context. “Hashem B’Tzion Gadol V’Ram AL Kol HaAmim”: then, explains Radak, HKBH will be made great as he brings Din upon all the Umos HaOlam. Sforno adds that of course HKBH is and has always been the epitome of Gadlus, but it is only L’Asid Lavo that the nations other than Yisroel will recognize this. The next Passuk speaks of the awareness of the Umos: “Yodu Shimcha Gadol V’Norah”. The nations of the world will openly profess their new recognition of the Gedulah of HKBH, understanding the Kedushas Hashem as well.

The remainder of the Perek is comprised of two sections. In each, an example of the Gadlus of HGKBH is given, followed by the words “Romimu Hashem Elokeinu V’Hishtachavu…”, exhorting those who recognize this Gadlus to raise their voices and offer Shevach V’Hodaah.

The second section is understandable on its face, and begins with the words “Moshe v’Aharon B’Kohanav U’Shmuel B’Korei Shemo”. Metzudos explains this Passuk as follows: the Gadlus of Hashem is seen in the fact that Tzaddikim, like Moshe, Aharaon and Shmuel, call out to Hashem and are answered: “Korim El Hashem V’Hu Ya’anem”. The Teffilos referred to by the Passuk were not on their own behalf, however, but seeking forgiveness for Klal Yisroel. Indeed, it was these Teffilos that were answered: “Kel Nosei Hayisa Lahem V’Nokem Al Alilosam”. The Perek concludes, urging those who recognize this Gadlus—L’Asid Lavo when all becomes clear—to offer Praise of Hashem: “Romimu Hashem Elokeinu…Ki Kadosh Hashem Elokeinu”.

The earlier section, however, is not as easily understood. It begins with the words “V’Oz Melech Mishpat Ahev…”, which speak about the love that Hashem has for Mishpat, justice. The Passuk ends with the words “Mishpat U’Tzedaka B’Yaakov Attah Asisa” and Radak explains that L’Asid Lavo the nations of the world will realize that HKBH was acting with Mishpat and Tzedaka all the while we, Bnei Yaakov, were in Galus. This, in turn, will lead to a recognition of the Gadlus Hashem, which should lead them to praise, “Romimu Hashem Elokeinu…”

In this understanding of these Pessukim, the imperative to offer Shevach to Hashem comes from the understanding that Galus too was filled with “Mishpat U’Tzedaka”. This is quite understandable—the recognition of all the Chasdei Hashem would certainly lead one to raise their voice in song. Rashi, however, understands these Pessukim slightly differently.

In the previous Passuk, on the words “Yodu Shimcha Norah…Attah Konanta Meisharim”, Rashi explains that the Umos HaOlam will recognize that HKBH created Shalom between people with Mitzvos and this realization leads to the Shevach of “Romimu Hashem Elokeinu”. As an example, Rashi cites the Mitzva of Perika U’Teina, “Ki Sireh Chamor Sonacha….”, which requires one to help unload a struggling animal, even if it belongs to his enemy. This Mitzvah indeed creates Shalom as Rashi explains, because when one witnesses his foe helping him, an outporing of love is bound to follow.

According to Rashi, the next words, “V’Oz Melech Mishpat Ahev Mishpat U’Tzedaka B’Yaakov Attah Asisa” seem to refer to the Mishpatim, the laws of the Torah—many of which appear in this week’s Parsha—that govern everyday life. It seems that these Mishpatim are the cause for Shevach, the impetus for the call of the words “Romimu Hashem Elokeinu…”

How can we understand this? Of course, the Mitzvos of the Torah are full of depth, but why would they cause this type of reaction? The Perek is focused on the days to come, L’Asid Lavo, and the reasons that the Umos HaOlam will have to raise their voices in praise, “Romimu Hashem Elokeinu…” Why are the Mishpatim among those? In what way will the perspective of the Umos change such that the Mishpatim, which have existed and governed our lives for so long, then be a reason to offer Shevach to HKBH?

To answer this question, and properly understand the Passuk according to Rashi, we must better understand the concept of Mishpatim.

Although Rashi bases his words on a Medrash Tanchuma, there is Medrash Rabba at the beginning of this week’s Parsha that speaks about the words “V’Oz Melech Mishpat Ahev “ in a slightly different way. “Amar Lahem Moshe L’Yisroel Harei Nassan LAchem HKBH Es Toraso Im Ein Attem Osin Es HaDinin Notel Toraso Mikem…” Moshe told Bnei Yisroel that if they are not Mikayem the Dinnim—the Mitzvos of the type included in this Parshas Mishpatim—then Hashem will take the Torah back. The Medrash continues, “SheLo Nassan LAchem HKBH ES HaTorah Ela Al Means She Taasu Es HaDinin”. The Torah was only given to us on the condition that we keep the Dinim.

The message of the Medrash seems to be that HKBH, who is “Melech Mishpat Ahev”, places specific importance on the Dinim—the Mitzvos and Halachos that dictate commerce, financial dealings, and other social interactions—to the extent that the Torah was given only so that we may live by their dictates.

The words “SheLo Nassan LAchem HKBH ES HaTorah Ela Al Means She Taasu Es HaDinin” clearly teach us that the Mishpatim play a key role not only in our daily lives, but in our existence as the Mikablei Hatorah. How can we understand this? Why do these Mitzvos specifically hold a seemingly outsized role?

The Mechilta in this week’s Parsha points out another way in which these Dinim difrentiate themselves by asking a question: “Mah Rau Dinim Likdom L’Kol Mitzvos Shebaorah”. After the Torah describes Ma’amad Har Sinai and Kabbalas HaTorah in Parshas Yisro, it immediately turns to the Dinim in Parshas Mishpatim—indicating that these Mitzvos are in some way elementary to the Torah itself. The Medrash explains that this is because the Mishpatim bring Shalom between parties, by creating a framework by which Bais Din can issue Psak.

The Mechilta requires explanation as well: while Shalom is of course important, why does this aspect of the Mishpatim explain their position as “L’Kol Mitzvos ShebaTorah”?

The Gemara in Eiruvin tells us “Ilmalei Nitna Torah Hayinu Lemedin Tznios M’Chatul V’Gezel M’nemala V”Arayos Miyona Derech Eretz M’Tarnegol”. If the Torah had not been given we would have been able to learn Middos from various creatures. For example, cats are exemplary in their Tznios and doves mate for life. By observing these animals, we would be able to discern the proper way to live.

The Mirrer Rosh Yeshiva, R’ Nosson Tzvi Finkel zt”l in a Sicha on this week’s Parsha, asks an important question on this Gemara: if this is, that we could learn Middos from animals, why does the Torah have to teach them to us? What is the need for Pessukim teaching us about these MIddos if they could have been learned from the natural world around us?

The Rosh Yeshiva answers most simply: the Middos that the Torah teaches us are not the same as those we would have learned from the animals because they are Mitzvos Hashem. Even if we had been able to choose our behaviors based on that of the cat or chicken, we would not be elevated in the way that we are when we act the way the Torah tells us. Our actual behaviors may have been the same, but their effect would not have, because by basing our actions on the Mitzvos we are being Mekayem the Torah that was given at Har Sinai.

Perhaps we can explain the Mechilta based on this idea as well.

The Mishpatim represent a body of laws that really any nation needs—those that govern the interactions that one has regardless of any belief system. Only Yidden require laws of Tumah and Tahara or Kashrus, but every society needs rules by which commercial activities are carried out. The Torah, therefore, teaches us these Mitzvos first to tell us that these, too, are part of the Torah like all other Mitzvos. Just as we may have been able to learn the actions of Tzniyus from a cat, we could have learned how to determine ownership or torts from the world around us—but just as Middos are different when they come from the Torah, Mishpatim are as well. The Shalom brought by the Mishpatim is true Shalom, because it come from the Darchei Hashem.

This is why the Medrash tells us “SheLo Nassan LAchem HKBH ES HaTorah Ela Al Means She Taasu Es HaDinin”. If we don’t understand the message of the Dinim we may think that the Torah is a rule book, but the Dinim teach us that the Mitzvos are not there to dictate our actions—we could have done that without the Torah—they are there to affect us, to change us. If we understand why the Dinim are included in the Torah it affects our entire outlook on the Mitzvos and allows us to be Mekabel the Torah correctly.

Perhaps it is this understanding that the Umos will come to L’Asid Lavo. When the primacy of Torah and Mitzvos is established, when the standing of Bnei Yaakov is truly understood, the message of the Mishpatim will become apparent. While it always seemed as though we were just keeping laws, the clarity of Acharis HaYamim will show that in fact we were keeping Mitzvos—and they elevated us. It will be made clear that the Mitzva of Prika U’Teina was not meant to keep peace, but to bring true Shalom. Then, the reality of “V’Oz Melech Mishpat Ahev” will be understood and lead to a moment of “Romimu Hashem Elokeinu”.