The Ontology of Divine Law: Redefining Mishpat
The lecture presents a profound deconstruction of the concept of Mishpat. In secular or conventional understanding, judgment is a procedural mechanism for conflict resolution—a binary arbitration between two opposing claims. However, the speaker argues that Torah-based Mishpat is not merely a social contract or a logical settlement, but an imposition of Divine Reality.
1. The Unity of Chok and Mishpat
The speaker challenges the traditional dichotomy between Chukim (supra-rational divine statutes) and Mishpatim (rational civil laws). He posits that the phrase "And these are the judgments which you shall set before them" implies that civil laws must be viewed with the same absolute, objective reverence as the Ten Commandments. Just as nature (mountains, oceans) exists as a divine fact without needing a "reason," so too must the civil laws of the Torah be accepted as "Torah from Sinai"—absolute facts of existence rather than negotiable sociological tools.
2. The "Middle Pillar" (Amuda d'Emtzaita)
Drawing from the Zohar, the lecture identifies Mishpat as the "Middle Pillar" that harmonizes the dialectic forces of Chessed (Kindness/Right) and Gevurah (Severity/Left). True judgment is not the victory of one side over the other, but the revelation of a third, higher truth that sustains the world. It is the capacity to hold opposing forces in equilibrium through the weight of Divine Truth (Emet).
3. The Metaphysics of Freedom and the Hebrew Slave
The lecture analyzes the laws of the Eved Ivri (Hebrew slave) to illustrate this principle. The release of the slave in the seventh year is not an economic regulation but a cosmic rhythm akin to the Shmita (Sabbatical year) and the Jubilee.
The Pierced Ear: If a slave refuses freedom ("I love my master"), his ear is pierced against the doorpost. The speaker interprets this not merely as a punishment, but as a metaphysical declaration. The slave has rejected the "First Voice" of Sinai ("I am the Lord who brought you out of bondage"). By choosing human servitude over Divine liberty, the slave denies the ontological reality of freedom inherent in the Jewish soul.
4. The Mastery of Time: Solar vs. Lunar
The climax of the lecture connects Mishpat to the very first Mitzvah given to Israel: Kiddush HaChodesh (Sanctification of the New Moon). The speaker constructs a dualistic model of time:
Solar Time: Constant, unchangeable, representing the natural order and the nations of the world.
Lunar Time: Cyclical, waxing and waning, representing renewal and the Jewish people.
The ultimate act of Mishpat is the power given to the Jewish Court (Beis Din) to harmonize these two conflicting systems through Intercalation (Ibur HaShana). By adding a month (Adar II), the court forces the lunar year to align with the solar year. This is not just mathematics; it is a creative act of judgment that binds the "natural" world to the "spiritual" capacity for renewal, creating a "Complete Year" (Shana Temima)—a symbol of Unity (Echad).
Conclusion
The lecture concludes that Mishpat is the vehicle through which the Divine Will creates harmony out of chaos. Whether adjudicating between a master and a slave, or between the sun and the moon, the role of Torah judgment is to reveal the underlying Unity of God in a world defined by duality and conflict.
