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Page 1 BH Likkutei Sichos Volume 16 | Mishpatim | Sichah 1 Beyond BH Likkutei Sichos Volume 16 | Mishpatim | Sichah 1 Beyond Comprehension Translated by Rabbi Moshe Goldman Edited by Rabbi Eliezer Robbins and Rabbi Y. Eliezer Danzinger A note on the translation: Rounded parentheses and square brackets reflect their use in the original sichah; squiggly parentheses are interpolations of the translator or editor. The footnotes in squiggly parentheses in this translation are those of the translators or editors, and do not correspond to the footnotes in the original. Great effort has been made to ensure the accuracy of the translation, while at the same time striving for readability. However, the translation carries no official authority. As in all translations, the possibility of inadvertent errors exists. Your feedback is needed — please send all comments to: [email protected] לִּקּוטֵ י שִ יחוֹת חֵלֶקטז, מִשְׁ פָּטִ ים א תַּרְׁ ּגּום חוֹפְׁשִי לִלְׁשוֹן הַּּקוֹדֶ ש* כָּל הַּזְׁכּוּיוֹתשְׁ מּורוֹת לקה"ת Volume 16 | Mishpatim | Sichah 1 projectlikkuteisichos.org - page 1 1. RATIONAL OR BEYOND RATIONALITY? 1 א. ְׁכָּבר ִנְׁתָּבֵאר ְׁ פָּעִמים ַּרבֹות, ֲאֶשר As discussed many times, the name of each ְׁשָּמּה ֶשל ָּכל ָּ פָּרָּשה – שֶ הּוא שֵ ם parshah, as designated by Torah (at the very ע"פ ָּתֹורה ַּ)על־ָּכלָּ־פִניםִ מַּצד ִ"מְׁנַּהג least, because “a Jewish custom is considered {to ִיְׁשָּרֵאל תֹוָּרה הּוא"( – ְׁמַּבֵטא אֶ ת have the authority of} Torah”) expresses the תֹוֶכן ָּ פָּרָּשה זֹו. ְׁוֵכיָּון ֶשַּהָּפָּרָּשה 2 ּכּולָּה ִנְׁקֵראתְׁ בֵשם ֶזה, ָּמּובן,ֶ שְׁבֵשם content of that parshah. As the name of the entire ֶזה ִנְׁרַּמז ַּ התֹוֶכן ַּ הְׁפִנִימי ֶשל ּכֹּל parshah, it clearly alludes to the inner meaning of ָּהִעְׁנָּיִנים ַּ הִנְׁזָּכִרים ַּ בָּפָּרָּש ה, עַּד ,all of the ideas mentioned in the parshah הַּפָּסּוק הַָּאחֲרוֹן. including its final verse. ּולְׁפִ י זֶה ָּדרּוש ֵביאּור ְׁ בנֹוֵגַּע ִלְׁשָּמּה In light of this, we need to explain the name ֶשל ָּ פָּרָּשֵתנּו – ִמְׁשָפִטים: הֵן אֱמֶ ת of our parshah — Mishpatim. It is true that the שֶחֶלְׁקָּ ה ַּהָּּגדֹול ֶשל ַּ הָּפָּרָּשה עֹוֵסק ְׁבִמְׁשְׁפֵטי ְׁוִדיֵני ַּ התֹוָּרה, ֲ אָּבל ְׁ בִסּיּום majority of this parshah deals with the laws and ַּהָּפָּרָּשה מְׁ סּופָּר ַּדְׁוָּקא אֹודֹות halachos of the Torah; however, the conclusion of ַּהֲהָּכנֹות ְׁלַּמַּתן תֹוָּרה וַּעֲלִּיַּית מֹשֶ ה the parshah describes the preparations made for "אֶ להָּהָּ ר גו'", ְׁוִלְׁכאֹוָּרהֵ איןְׁלָּכְך ָּכל 3 קֶשֶ ר לָּ ִעְׁנָּיֶן של ִ"מְׁשָּפִטים". Matan Torah, as well as Moshe’s ascent “to the mountain…,”4 which seemingly have no connection to the subject of Mishpatim {laws}. וְׁ יֶתֶ ר עַּל כֵן: כַּּיָּדּועַּ, בְׁשֵ ם Additionally: As known,5 mitzvos whose ִ"מְׁשָּפִטים" ִנְׁקְׁראּוַּ הִמְׁצוֹותֶ שִחָּּיּוב ן necessity is self-understood by human intellect are מּובָּן בְׁשֶ כֶל ָּהָאָּדם – וְׁאִ ם כֵן אֵינוֹ known as “mishpatim.” This is perplexing: Among ָּמּובן:ֵ בין ַּהֲהָּכנֹות ְׁלַּמַּתן תֹוָּרה ַּהְׁמסּו ָּפרֹותְׁ בִסּיּום ָּ פָּרָּשֵתנּו, ָּ הְׁיָּתה the preparations for Matan Torah described at the ֲאִמַּירתִ יְׁשָּרֵאל "נַּעֲשֶ ה", "נַּעֲשֶ ה end of our parshah were the Jewish people's ְׁוִנְׁשָּמע" – ַּהְׁיינּו, ֶ שְׁבֵני ִ יְׁשָּרֵאל declarations, “We will observe,”6 and, “We will )"ַּנֲעֶשה"( ֶ את ְׁדַּבר ה', ְׁיַקְׁיימּו observe and we will understand.”7 Meaning, the ְׁוֶשַּה ָּ דבָּר יִהְׁ יֶה עוֹד קֹודֶ ם לַּהֲבָּנָּתָּם )"ִנְׁשַּמע"( – ַּוֲהֵרי אֹוֶפן ַּ הְׁנָּהָּגה ֶזה Jewish people declared that they would obey (“we הּוא הֵיפֶ ְך ַּהתֹוֶכן ֶ של ִ"מְׁשָּפִטים" will observe”)8 Hashem, even prior to ִ)מְׁצוֹות ִשְׁכִליֹות(. comprehending (“we will understand”), an 1 See at length Likkutei Sichos, vol. 5, p. 57 ff. on Devarim 6:20; commentaries on the Haggadah 2 See Shaar Hayichud VeHa’emunah, ch. 1; et al. on the question of the Wise Son. 3 Shemos 24:1 ff. (see Rashi). 6 Shemos 24:3. 4 Shemos 24:12 and Rashi’s commentary there. 7 Shemos 24:7. 5 Rashi’s commentary on Shemos 18:4, from Toras 8 See Shabbos 88a ff. Kohanim; Yoma 67b; See the Torah commentaries Volume 16 | Mishpatim | Sichah 1 projectlikkuteisichos.org - page 2 approach that runs counter to the idea of mishpatim (rational mitzvos). וְׁ אִם כֵן נִמְׁ צָּא, אֲשֶ רֹלא זּו בִלְׁבַּד As such, the conclusion of this parshah is not שֶסִּיּום הַּפָּרָּשָּ ההּוא עִ נְׁיָּן שוֹנֶה only at variance with mishpatim, it runs counter to מִ"מִשְׁ פָּטִ ים", אֶלָּא הּוא ַאף עִ נְׁיָּן הָּפְׁכִי. .the idea of mishpatim This question is not limited to the narrative ּושְׁ אֵלָּה זוֹ אֵינָּּה רַּ קבְׁ נוֹגֵעַּ לַּסִ יפּור שֶבְׁסִ ּיּום הַּפָּרָּשָּ ה, אֶלָּאַאף בְׁקֶשֶ ר at the conclusion of the parshah; it even relates to לַּדִ ינִים שֶבַּפָּרָּשָּ ה – שֶ הֲרֵ י בֵין דִ ינִים ,the laws of the parshah. For the commandment אֵ לּו יֶשְׁ נוֹ ּגַּם הַּצִ יּוּוי"ֹלא תְׁבַּשֵ לּגְׁדִ י Do not cook a young animal in its mother’s milk”9“ בַּחֲלֵב אִ מוֹ", ראֲשֶ )אִ יסּור בָּשָּ ר is counted among these laws, yet this prohibition בְׁחָּ לָּב( אֵ ינֹו מִצְׁ וָּה שִ כְׁלִית, אֶלָּא חוֹק. of mixing milk and meat) is not a rational) mitzvah,10 but rather, a chok {a suprarational decree}.11 2. ALL MITZVOS ARE BEYOND In his commentary on the verse {beginning}, ב. וְׁהֵנָּה,עַּל הַּפָּסּוק "וְׁאֵלֶה הַּמִשְׁ פָּטִ ים" הֵבִ יא רַּשִ "י דְׁרָּשַּ ת רז"ל And these are the laws,”12 Rashi quotes the“ "מָּ ה הָּרִ אשוֹנִיםמִסִ ינַּיַאף אֵ לּו homiletic teaching of our Sages,13 “Just as the first מִ סִ ינַּי". וְׁ יָּדּועַּ הַּפֵירּוש הַּפְׁ נִימִ י ,laws, i.e, the Ten Commandments} are from Sinai} בְׁמַּ ראֲמַּ רז"ל זֶה,שֶ "ַאף אֵ לּו" – ּגַּם these are also from Sinai.” The deeper meaning of הַּמִשְׁ פָּטִ ים – קִ ּיּומָּ ם צָּרִ יְך לִהְׁ יוֹת לֹּא )רַּק( מִפְׁ נֵי שֶ כֵן מְׁחַּ ּיֵיב הַּשֵ כֶל, אֶלָּא this teaching is well known:14 “These also” — the לְׁפִ י שֶהֵם "מִסִ ינַי" – הַּיְׁינּו, צִ יּוּויָם mishpatim — should be observed because they are מהקב"ה. from Sinai,” that is, because they are“ commandments of Hashem, and not (only) because they are rationally imperative. 9 Shemos 23:19. 11 {Chok is singular, chukim is plural. The Hebrew 10 Midrash Tanchuma, “Mishpatim,” ch. 7 (end); terms are used throughout this translation.} Behag, end of “Hilchos HaDayanim”; Rabbeinu 12 Shemos 21:1. {These are the first words of this Chananel, “Yoma,” 67b; Rambam’s Shemonah parshah.} Perakim, ch. 6 (quoted in Derech Mitzvosecha, 13 Rabbi Yishmael’s opinion in the Mechilta, at the “Mitzvah Amah Ivriyah” p. 84b), based on Toras beg. of our parshah. Kohanim, “Kedoshim,” 20:26; Mishneh Torah, end 14 See Likkutei Sichos, vol. 3, p. 899 ff. of “Hilchos Meilah.” Volume 16 | Mishpatim | Sichah 1 projectlikkuteisichos.org - page 3 ּולְׁפִ י זֶה ִלְׁכאֹוָּרה ָּ הָּיה ֶ אְׁפָּשר On this basis, seemingly, we can explain why ְׁלַּהְׁסִביר ַּמַּדּוע ְׁבָּפָּרָּשֵתנּו – ִמְׁשָּפִטים — the Torah includes in this parshah — Mishpatim – ָּהּובא ִסיפּור ֲ אִמַּירתִ יְׁשָּרֵאל "ַּנֲעֶשה ְׁוִנְׁשָּמע", ְׁוֵכן ִ איסּור ָּ בָּשר the narrative in which the Jewish people say, “we בְׁחָּ לָּב שֶ אֵ ינֹו ִבְׁכָּללַּ הִ"מְׁשָּפִטים" – will observe and we will understand,” and the ִכי ְׁבָּכְך ָּ רְׁמָּזה ַּ התֹוָּרה ֶ שַאף prohibition of milk and meat, which is not one of ַּהִ"משְׁ ָּפִטים" ִ )בְׁפִנִימּיָּּותם( ֵהם )כְׁאִ יסּור רבָּשָּ בְׁחָּ לָּב – ( לְׁמַּעְׁ לָּה the “mishpatim.” By including them in this מֵהַּשֶ כֶל – חּו ִקים,וְׁ לָּכֵן ּגַּם אוֹתָּ ם יֵש parshah, the Torah hints that mishpatim (on a ְׁלַּקֵּיים ִ מתֹוְךַּקָּבַּלת עֹול ַּ מְׁלכּות deeper level, similar to the prohibition concerning ָּשַּמִים )"ַּנֲעֶשה ְׁוִנְׁשָּמע"( – ִמְׁפֵני milk and meat) are beyond rationality — they are ֶשֻ"חָּּקהָּ חַּקְׁקִתְׁי ּגֵזָּירה ָּּגַּזְׁרִתי". decrees. As such, their observance should be predicated on an acceptance of the yoke of Heaven (“we will observe and we will understand”) — for “I 15 16 have enacted an edict; I have decreed a decree.” 3. ...BUT MISHPATIM ARE RATIONAL ג. אֲבָּל תבֶאֱמֶ אִ י ראֶפְׁשָּ לוֹמַּ ר כֵן, However, in truth, this explanation is untenable for ִּומַּכָּמהְׁ טָּעִמים: :several reasons a. A dissenting view is put forth in the Mechilta17 א(ַּ בְׁמִכיְׁלָּתא ָּ מִצינּו ֵדָּיעה ֶ ַאחֶרת (and only this view is cited in Midrash ְׁ)ּובִמְׁדַּרשַּ רָּבה ְׁלָּפָּרָּשֵתנּוְׁ הּובָאה ַרק ֵדָּיעה זֹו(, ֲ אֶשר "ְׁוֵאֶלה ַּ הִמְׁשָּפִטים Rabbah18 on our parshah) that “these laws were ְׁבָמָרה ֶנֶאְׁמרּו". ּוְׁלֵדָּיעה זֹו ִנְׁמָּצא, ,commanded at Marah.” According to this view שֶ ֵאין ָּכאן ַּהְׁדָּּגָּשה זֹוֶש הַּ ִ"מְׁשָּפִטים" the Torah, at the beginning of our parshah, does ֵהם ִ"מִסיַּני" – ְׁוָּהְׁדָּרא קְּׁושָּיא לְׁ דּוכְׁתָּ א. not emphasize that “mishpatim” are “from Sinai” — and so the difficulty raised above remains. b. The primary issue: Even according to the view ב( ְׁוִעיַקר: אֲפִ ילּו ילְׁפִ הַּפֵירּוש "ַאף ֵאלּוִ מִסיַּני",ֲ הֵרי ֵכיָּוןֶש שֵ ם ַּהָּפָּרָּשה that “these also are from Sinai,” the name of this הּוא " ִמְׁשָפִטים", ְׁ בֶהְׁכֵרַּח לֹוַּמר parshah is Mishpatim, a name that perforce ֶשַּהַּהְׁדָּּגָּשה ְׁצִריָּכה ִלְׁהיֹות ַּ על ָּכְך emphasizes the rationality of these mitzvos ֶשֵהןִ מְׁצוֹות ִ שְׁכִלּיֹות )ִ"מְׁשָּפִטים"(, (“mishpatim”) rather than their status as 15 {“Chukah chakakti” in the original Hebrew; 18 Shemos Rabbah, ch. 30, par. 3 (see commentary chukim are suprarational decrees.} of Maharzu, loc. cit.); Similarly, see Midrash 16 Midrash Rabbah, beginning of Chukas. Tanchuma, “Mishpatim,” par. 3 (see commentary of 17 Beg. of our parshah (Rabbi Yehudah’s opinion). Eitz Yosef, loc. cit.). Volume 16 | Mishpatim | Sichah 1 projectlikkuteisichos.org - page 4 וְֹׁלא עַּ ל הֱיוֹתָּ ןצִ יּוּויָּם "מִסִ ינַּי" .(”commandments “from Sinai” (“chukim )"חּוּקִ ים"(; כְׁלוֹמַּ ר:מִ זֶהשֶהַּפָּרָּשָּ ה כּולָּּה נִקְׁרֵ את In other words, since the name of the entire "מִשְׁ פָּטִ ים" יֵש לְׁדַּ ּיֵיק, ֹלא כְׁ הֶסְׁבֵר parshah is Mishpatim, the nuance of this name הַּ נַּ "ל )שֶ הַּ "מִשְׁ פָּטִ ים" בִפְׁ נִימִ ּיּותָּ ם leads to the opposite conclusion of the above הֵם "חּוּקִ ים"(,אֶלָּא לְׁהֵיפֶ ְך דַּוְׁקָּ א – שֶּגַּם אִ יסּור רבָּשָּ בְׁחָּ לָּב, וְׁ יֶתֶ ר עַּ ל כֵן, ”explanation (that on a deeper level, “mishpatim ַאףעִ נְׁיָּנָּם הַּכְׁלָּלִי שֶ ל "נַּעֲשֶ ה", are “chukim”).
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