The weekly portion of Mishpatim, Exodus 21-1-24:1, begins with laws concerning an eved ivri, translated “Hebrew Slave.” But the term is not explained. It continues with laws when a man sells his daughter as a slave, a death sentence to a person who kills another, the law of an accidental killing, the rule that holding on the altar does not protect a murderer, injuries are punished “an eye for an eye,” and striking a father or mother and kidnapping result in the death penalty. There are many more laws. The rabbis changed all of these listed laws. This is not unusual. As I will explain, the rabbis saw multiple hints in the Torah that the Torah wanted the change.
The importance of the entire Torah
- The first set of laws given to the former Israelite slaves was the Decalogue, a brief listing of basic teachings. In the early history of Judaism, the Decalogue was so esteemed by Jews that it was placed in mezuzot and recited daily with the Shema. Rabbis abandoned this practice in the Babylonian and Jerusalem Talmuds Berakhot 12a and Berakhot 1:5. Scholars, such as Aharon Oppenheimer (in “Removing the Decalogue from the ‘Shema’ and Phylacteries: The Historical Implications,” in The Decalogue in Jewish and Christian Tradition, ed. Henning Graf Reventlow and Yair Hoffman) explain that they did so because Christians extolled the Decalogue as the only legal authority of the Torah.
Why were the laws changed?
- Remarkably, the first laws in the biblical portion Mishpatim deal with an Israelite enslaving a fellow Israelite and the law of an Israelite father selling his daughter to another Israelite. These are terrible acts. What does this tell us about these former slaves? Shouldn’t we have expected them to declare, “Free at last, free at last, thank God we are free at last,” and then speak about freedom and creating a society where all people are free? This example shows that it is hard, even impossible, for people to give up ideas they have had for years.
- We can see this problem of reluctance, inability to understand, or difficulty to change in the rabbis giving specific laws the title They defined chok as a law with no known reasonable basis? They gave the law of the Red Heifer as an example. Yet, Maimonides said all the biblical laws make sense and explained the Red Heifer rule. The rabbis were trying to make the general public comfortable with the regulations they called chok, which the general public could not understand by saying God has a good reason for the law that we do not know.
- Other examples. Rashi states that V’eleh mishpatim begins with the Hebrew letter vav, which he translates as “and,” and contends that the letter informs us that just as the Decalogue was given at Mount Sinai, so were the laws in the weekly portion mishpatim. Rashi and the rabbis recognized that while what they were saying was not true, they felt the people needed to think these commands were so important they were given to the people at Mount Sinai. It is like saying that God becomes angry when we misbehave, even though God has no emotions. We tell the general population that God becomes angry to frighten them into behaving.
- Rashi said the same thing about the Aramaic translation of the Five Books of Moses, called Targum Onkelos. Because the rabbis wanted Jews to read Targum Onkelos, Rashi said it was given to the Israelites at Mount Sinai, even though he knew this was not true, to encourage them to read Targum Onkelos weekly as the rabbis suggested.
- Plato called these false teachings “noble lies” and Maimonides “essential truths.” The rabbis felt the general public needed to be told in various ways that the laws were given to us by God, who loves people and wants to help them.
- The rabbis changed all the laws listed above because these laws were appropriate for the generation of freed slaves who were unable to change but were no longer appropriate.
- While the Torah allows the continuation of misguided behaviors such as slavery because of the mindset of the ancient people when the laws were promulgated, the rabbis understood that the Torah wanted better behavior. Therefore, the Torah allowed what the people considered proper but hinted that the rules must be changed.
- The rabbis saw multiple hints of this. For example, if a Jewish slave wanted to remain in slavery beyond six years, the time limit in the Torah, this was permitted but frowned upon. The slave had to appear before a court that would try to persuade him to give up his idea. If he refused, his ear was pierced at the door post so that whenever he entered the house, he would be reminded by seeing the mark on the door that God wants people serving Him, not fellow humans. The rabbis found other anti-slavery rules later in the Torah.
- Examples of the Torah’s attitude toward slavery is the law that no Israelite slave, even one sold by the court to repay what he stole when he lacks the money to do so, can serve for more than six years. Exodus 21:1-2 states he goes free without paying more, even if the court could not acquire the full restitution. In 21:26, if a master harms a male or female slave’s eye or tooth, the slave is freed. This was because the Torah considered enslaved people human beings, not property.
Other laws in this weekly portion
- Among the “marital rights” for wives in 21:10 is the husband’s obligation to have intercourse with her. This ensured that even in polygamous families, no wife would be neglected.
- In many societies, the altar was not only a place of worship but also a place of asylum. This dual function is captured in the double meaning of “sanctuary.” But reflecting the Torah’s desire to minimize the significance of the temple, 21:14 disallows the altar to give criminals refuge.
- The rabbis interpreted that the selling by a father of a daughter involves a father giving his underage daughter in marriage to another man. However, it restricted the practice in many ways. He may not do so to a daughter who has begun a menstrual cycle. The money is, in essence, a dowry. If the purchaser decides not to take her as a wife after the purchase, she goes free when she has menstrual cycles, after six years with the man, or the jubilee year, whichever comes first. The purchaser may not give her to another man because she is not like cattle or return her to her father because he mistreated her by selling her. The purchaser may give her to his son as his wife, and she must be treated as any other wife.
- The rabbis in the Babylonian Talmud Baba Kama 84 state that despite the Torah penalizing a man who strikes another, “an eye for an eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe,” the penalty is not inflicting on the attacker with the same physical damage. Instead, different kinds of monetary payments are paid equitably, for the actual injury, the loss of time, the cost of the cure, the pain, and disfigurement. Some commentators insist that the money payments are implied in the Torah itself or that the monetary payments are part of the oral law that was given at Mount Sinai. Both views contend that God made it clear that only money payments were demanded. Others say it was the rabbis who changed the ancient harsh treatment.
- Hezekiah ben Manoah (1260-1310), in his biblical commentary, Hezekuni, notes that the prohibition against mistreating widows and orphans in Exodus 22:21-23 and the punishment for disobedience are written in the plural. In his explanation of the law, he shows the rabbinic teaching that people must love others as they love themselves and are punished for failure to do so. Even if people do not mistreat a widow or orphan but remain silent when others do, they are punished.
- Why do those who insist that it was God, not the rabbis, who interpreted the words, and this was what they called the “Oral Torah” that was also given at Mount Sinai? They feel it is essential to say that they need to believe in the divinity of the Oral Law for it to be mandatory.
A few other ways the rabbis interpreted the Torah
- The biblical practice is to say something briefly the first time it is mentioned and elaborate upon it later. Examples include the Bible instructing Noah to take a pair of all land and air animals into his ark but later adding that certain animals were to be seven in number. Another oft-misunderstood example is that God created a man and woman in Genesis chapter one, while chapter two relates that the two were created separately. Many scholars and rabbis do not know the biblical practice and think there are two versions of the story.
- In the Garden of Eden parable, Adam is told not to eat from a particular tree. Later, Eve states she was also told not to touch the tree. Again, many who do not know the biblical style of later elaboration think Eve has a different version of the divine command. The Torah tells us that the initial order included not touching the tree.
- Why was the second command not to touch the tree given? This, too, is part of the biblical practice. It is called placing a fence around the Torah so that Jews do not even come close to violating the law. The rabbis even extended this practice. An example is the rule of On Shabbat, Jews are told, as the first humans in the parable, that they should not even touch an object forbidden to use on Shabbat. This “fence” protects the Jew from violating the Shabbat.
- In the parable, Eve misunderstood why she could not touch the tree. She thought she would be punished for touching the tree or eating its fruit. She did not know that the prohibition of not touching the tree was meant to help her not eat the fruit. When she touched the tree and was not punished, she thought she would not be penalized for also eating the fruit, and she ate it.
Some verses have ambiguous or obscure words subject to various interpretations
- An example is eved ivri in the beginning of the portion mishpatim, which different rabbis gave different interpretations. Another is Exodus 35:3, which states, Lo theva’aru esh bechol moshvothechem beyom hashabat. It means you must not theva’aru fire in all your homes on the day of Shabbat. But theva’aru could mean “burn,” and the verse would be saying, no fire may burn in your homes on Shabbat. This is how the Sadducees understood the verse before 70 CE. They sat in the dark on Shabbat and in the cold during winter. But it could mean “light a fire.” This would allow a fire if it were lit before the Shabbat. This is how the Pharisees at that time understood it. The rabbis accepted the Pharisaic interpretation and instituted the practice of lighting candles before Shabbat to remind Jews that Shabbat is a day of light and warmth.

“Free at last, free at last, thank God we are free at last,”
Does this mean that the israelities were backwards in their thinking?
Since, they failed to do what was right as opposed to following their wrongful thinking?
Every human makes mistakes. What is great about the Hebrew Bible is that it depicts people with their mistakes,letting us know that we can learn from our mistakes, not repeat them.
technically rabbi, prison labor is a form of slavery.
this is very awkard but, black men in general are free unless they commit. crimes i guess.
I agree with you. I think the present system of imprisonment does not do what it is intended to do and ends up mistreating Blacks.
“If a Jewish slave wanted to remain in slavery beyond six years, the time limit in the Torah, this was permitted but frowned upon. The slave had to appear before a court that would try to persuade him to give up his idea. If he refused, his ear was pierced at the door post so that whenever he entered the house, he would be reminded by seeing the mark on the door that God wants people serving Him, not fellow humans. The rabbis found other anti-slavery rules later in the Torah.”
I agree with you that the Torah had to “allow” many harsh laws it did not want, such as slavery, animal sacrifices, and “an eye for an eye.” Although the Torah allowed Jews to own fellow Jews as slaves, there was a limit of six years and then they were to be sent free (if they want it). However, how should we understand the law of slavery pertaining to gentiles? It seems that there was no limit for Jews owning non-Jews as slaves.
“Your male slave or female slave whom you may have from the nations that are around you, from them you may acquire a male slave or a female slave. And also from the children of the residents [strangers] that live [sojourn] among you, from them you may acquire [slaves] and from their family that is with you whom they begot in your land, and they shall become your inheritance [possession]. You shall hold onto them as an inheritance for your children after you, as acquired property, and may thus have them serve you forever. But as for your brethren, the children of Israel, a man shall not work his brother with rigor.” (Leviticus 25:44-46)
Here Leviticus states that the ancient Israelites may acquire slaves from the nations (but not the Canaanite nations!) and that they are an inheritance (property) to future generations “forever.” Does this mean there is no limit for how long the ancient Israelites may own non-Jews as slaves? Does it really say “forever”? Did the later rabbis change this rule too, and if so, how?
The discriminatory Torah rule regarding slavery that differentiates Jews and non-Jews is as misguided as discrimination today. The rabbis saw that the Torah allowed but opposed it.They stopped slavery entirely for everyone.
“The rabbis in the Talmud Baba state that despite the Torah penalizing a man who strikes another, the penalty is not inflicting on the attacker with the same physical damage.”
I agree with this integration. Although I think the original meaning of “an eye for an eye” meant what it says, to treat criminals harshly. They probably did take someone’s eye out if they knock out another person’s eye. Philo and Josephus seem to understand it this way, however, I’m glad the later rabbis changed it to mean monetary compensation and “updated” the Torah. It shouldn’t be taken literally. Judaism must adapt to changing times.
“An eye for an eye leaves the whole world blind.” Gandhi
We agree. The Torah was written for the generation that received it. It contains harsh rulings such as an eye for an eye that was common in many ancient cultures and which people felt was just. But it included many hints to help the people develop a more humane understanding. Maimonides tells us that the Torah reveals that God did not take the Israelites from Egypt directly north from Egypt to Canaan, the shortest trip, because they would encounter Philistines who would wage war with them. The estwhile slaves would flee back to slavery to Egypt. Maimonides comments, you can’t change a person quickly. This is why the Torah could not at that time teach the best lessos.
Regarding “an eye for an eye.”
Both Philo and Josephus seemed to understand it literally. Even Rabbi Eliezer in Bava Kamma 83b also understood it this way. Philo explains:
“And our law, being the interpreter and teacher of equality, commands that offenders should undergo a punishment similar to the offence which they have committed; that, for instance, they should suffer punishment in their property if they have injured their neighbor in his property; in their persons, if they have injured him in his body, or in his limbs, or the organs of his outward senses; and, if their evil designs have extended to his life, then the law commands that the punishment should affect the life of the malefactor. For to exact a different and wholly unequal punishment which has no connection with or resemblance to the offence, but which is wholly at variance with it in all its characteristics, is the conduct of those who violate the laws rather than of those who would establish them” (Philo, Dialogue on Special laws 3.182)
Here Philo seems to say that to say that the meaning was originally monetary compensation was to violate the Torah law itself. Here is Josephus:
“He that maimeth anyone, let him undergo the like himself; and be deprived of the same member of which he hath deprived the other: unless he that is maimed will accept of money instead of it. For the law makes the sufferer the judge of the value of what he hath suffered, and permits him to estimate it; unless he will be more severe.” (Josephus, Antiquities, IV,8,35)
Josephus seems to allow for monetary compensation if the victim prefers it.
It could be argued that the literal understanding of the text is morally just—and it is morally right, the right form of justice, after all, if someone gauges out someone’s eye surely they deserve the same be done to them.
However, if someone gauges out the eye of another, do they really deserve that the same be done to them? As the Talmud objects, what if the one who gauges out the eye of another is blind! Is this justice that the blind person also has his eye removed? It was designed to keep people from behaving badly. But you cannot judge exactly the damage from one eye to another so you can’t replicate the damage. Plus, the Talmudic rabbis understood “eye for eye, tooth for tooth” as a very primitive form of justice. It is not just harsh, it is primitive. Therefore, monetary compensation is a far more advanced notion of justice than “an eye for eye”.
What do you think of Philo and Josephus and of what I wrote?
I understand that the Torah needed to address the needs of the people it was addressing. But since it could not change the behavior they they were accustomed to, it allowed the continuation of the ancient misguided behaviors and gave multiple hints that the behavior needs to change. And they told the people to follow the rules that they will recieve from their leaders in the future that will change the brutal ways of the past. Maimonides,Philo,Josephus, and rabbis recognized this.
“Shouldn’t we have expected them to declare, “Free at last, free at last, thank God we are free at last,” and then speak about freedom and creating a society where all people are free?”
Yes, I think we should. Why didn’t the Torah, once and for all, abrogate slavery? Dennis Prager answers, like you, that it is impossible to change people overnight. Had the Torah outlawed the practice what would have happened? Nothing. People would just ignore it and own slaves anyway. At least the Torah hinted that the practice was wrong and added restrictions to ease the life of the slave. It is not ideal. Perhaps God himself could have told them in such a way that they would obey the command and give up slavery but Moses was human and he could only do what was humanly possible. Thus, the Torah (a human document written by Moses or Ezra) does not outlaw slavery outright but it does, I think, give hints that the practice is wrong and should be abandoned.
We agree. But it was not Dennis Prager nor me who originated the idea. Maimonides did so.
Who did Maimonides figure it out from?
He was brilliant. I wish I was even ten percent as smart as he was.
“The rabbis recognized that while what they were saying was not true, they felt the people needed to think these commands were so important they were given to the people at Mount Sinai. It is like saying that God becomes angry when we misbehave, even though God has no emotions.”
We agree that God does not have emotions. When Rashi said the targum was given to at Sinai and when the rabbis insisted that the oral law called the “Oral Torah” was also given at Sinai, they said so because they felt it was important for the masses to believe in the divinity of these items for them to be mandatory. We can extrapolate this rationale to the Torah itself. The rabbis said that the Torah was given at Sinai, and some insisted even to the patriarchs, to demonstrate its importance. However, the Torah does not say this. All three items were not given at Sinai, only the Decalogue was given a Sinai. Hence, the Decalogue is a strong legal authority of the Torah. The Torah itself was probably developed later under the leadership of Ezra the Scribe. But the Decalogue is probably from Sinai or at least a version of it.
Do you agree with me then that the view that the entire Torah was given at Sinai and even to the patriarchs was an “essential truth” for the masses?
I do not believe the Five Books of Moses was given to the Israelites at Sinai. There is no indication in the Torah that this happened. I think if it did happen the Torah would have told us so. Furthermore, it is not logical to say the Torah was given at Sinai since most of it tells events that occured after Sinai. I also see many reasons to think that the patriarchs could not know about the Torah. Therefore, you are most likely correct. This is an essential (but not true) truth.
Dear Rabbi Israel Drazin ! Imo, those who maintain that it was God, not the rabbis, who interpreted the words and gave the Oral Torah at Mount Sinai believe this because they view the Oral Torah as an integral part of the revelation, providing the necessary tools for understanding and applying the written law. Additionally, this view reinforces the sanctity and divine origin of the Oral Torah, equating its authority and importance to that of the written Torah. This belief also underscores the idea that the rabbis and sages are not merely creating or modifying laws, but rather they are unfolding an understanding of a divine blueprint given at Sinai. In this sense, Judaism is a very complex historical learning process of the Jewish peoples in this world; no matter where Jews live, they can study the Torah and follow its commandments by learned interpretation; this bond with Talmud Torah transcends geographical boundaries, and this is why it is also likened to a “portable homeland”. Best: stephen
I agree with you, Stephen.