The Themes/Topics of Sefer Shmot
1) The Exodus from Egypt
2) Revelation
3) The Mishkan (except chapter 32, which deals with the Golden Calf incident)
The middle topic - Revelation - contains (at least) two sub-units: the Ten Commandments and the Laws, which start at chapter 21. Today's parsha is a different world from the Sinai revelation. Rashi, all commentaries and the Midrashim seek to find a relationship between these two units.
(א) ואלה המשפטים. כָּל מָקוֹם שֶׁנֶּאֱמַר "אֵלֶּה" פָּסַל אֶת הָרִאשׁוֹנִים, "וְאֵלֶּה" מוֹסִיף עַל הָרִאשׁוֹנִים, מָה הָרִאשׁוֹנִים מִסִּינַי, אַף אֵלּוּ מִסִּינַי; (תנחומא):
(1) ואלה המשפטים NOW THESE ARE THE JUDGMENTS — Wherever אלה, “these are”, is used it cuts off (פוסל) the preceding section from that which it introduces; where, however, ואלה “and these” is used it adds something to the former subject (i. e. forms a continuation of it). So also here: “And these are the judgments (i. e. these, also)”: What is the case with the former commandments (the עשרת הדברות)? They were given at Sinai! So these, too, were given at Sinai! (Mekhilta d'Rabbi Yishmael 21:1:1; Shemot Rabbah 30:3; cf. also Midrash Tanchuma, Mishpatim)
[This midrash interprets the vav theologically. It expresses the shared source for the Ten Commandments and the Laws: all are from God; i.e., divine revelation.]
Nehemiah also notes the revelation of various kinds of laws.
(יג) וְעַ֤ל הַר־סִינַי֙ יָרַ֔דְתָּ וְדַבֵּ֥ר עִמָּהֶ֖ם מִשָּׁמָ֑יִם וַתִּתֵּ֨ן לָהֶ֜ם מִשְׁפָּטִ֤ים יְשָׁרִים֙ וְתוֹר֣וֹת אֱמֶ֔ת חֻקִּ֥ים וּמִצְוֺ֖ת טוֹבִֽים׃
(13) You came down on Mount Sinai and spoke to them from heaven; You gave them right rules and true teachings, good laws and commandments.
Verses before the Ten Commandments
(א) בַּחֹ֙דֶשׁ֙ הַשְּׁלִישִׁ֔י לְצֵ֥את בְּנֵי־יִשְׂרָאֵ֖ל מֵאֶ֣רֶץ מִצְרָ֑יִם בַּיּ֣וֹם הַזֶּ֔ה בָּ֖אוּ מִדְבַּ֥ר סִינָֽי.... (ה) וְעַתָּ֗ה אִם־שָׁמ֤וֹעַ תִּשְׁמְעוּ֙ בְּקֹלִ֔י וּשְׁמַרְתֶּ֖ם אֶת־בְּרִיתִ֑י וִהְיִ֨יתֶם לִ֤י סְגֻלָּה֙ מִכׇּל־הָ֣עַמִּ֔ים כִּי־לִ֖י כׇּל־הָאָֽרֶץ׃ (ו) וְאַתֶּ֧ם תִּהְיוּ־לִ֛י מַמְלֶ֥כֶת כֹּהֲנִ֖ים וְג֣וֹי קָד֑וֹשׁ אֵ֚לֶּה הַדְּבָרִ֔ים אֲשֶׁ֥ר תְּדַבֵּ֖ר אֶל־בְּנֵ֥י יִשְׂרָאֵֽל׃
(ז) וַיָּבֹ֣א מֹשֶׁ֔ה וַיִּקְרָ֖א לְזִקְנֵ֣י הָעָ֑ם וַיָּ֣שֶׂם לִפְנֵיהֶ֗ם אֵ֚ת כׇּל־הַדְּבָרִ֣ים הָאֵ֔לֶּה אֲשֶׁ֥ר צִוָּ֖הוּ יְהֹוָֽה׃ (ח) וַיַּעֲנ֨וּ כׇל־הָעָ֤ם יַחְדָּו֙ וַיֹּ֣אמְר֔וּ כֹּ֛ל אֲשֶׁר־דִּבֶּ֥ר יְהֹוָ֖ה נַעֲשֶׂ֑ה וַיָּ֧שֶׁב מֹשֶׁ֛ה אֶת־דִּבְרֵ֥י הָעָ֖ם אֶל־יְהֹוָֽה׃
(1) On the third new moon after the Israelites had gone forth from the land of Egypt, on that very day, they entered the wilderness of Sinai.... (5) Now then, if you will obey Me faithfully and keep My covenant, you shall be My treasured possession among all the peoples. Indeed, all the earth is Mine, (6) but you shall be to Me a kingdom of priests and a holy nation.’ These are the words that you shall speak to the children of Israel.” (7) Moses came and summoned the elders of the people and put before them all that יהוה had commanded him. (8) All those assembled answered as one, saying, “All that יהוה has spoken we will do!” And Moses brought back the people’s words to יהוה.
The Ten Commandments are clearly being addressed to all Israel.
What about the dinim - do they also address all Israel?
Modern commentaries note a shift in style within Parshat Mishpatim. The first section (until 22:17) is casuistic. Each law depicts a theoretical case - "When you acquire a Hebrew slave," "When a man sells his daughter as a slave," etc. - followed by the proper legal response to this case. Most legal codes in the Ancient Middle East are written in this style. The implication is that the court will adjudicate such a case accordingly.
Starting at 22:17, the style shifts to what is called apodictic, in which a legal decision is given for a concrete case, without the theoretical case formulation. In many such cases, the proper action is to be taken by the individual. ("You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt.)
What about the content of this unit - who is being addressed by these laws?
The first part of Mishpatim (21:1 - 22:16) contains nine topics (following Sarna):
1) Laws regarding slaves
(Why does this set start with laws regarding slaves? In Hammurabi's Code, for example, slaves is the concluding topic.)
2) Various capital crimes (i.e., murder, abuse of parents, kidnapping)
3) Bodily injury by persons
4) The homicidal beast
5) Damage to livestock
6) Theft
7) Damage to crops
8) Bailment - guardians
9) Seduction
Does this collection address the same audience as the Ten Commandments - the individual, the court, the community in general?
Who is being addressed in the opening maxims in Avot?
(ג) דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, מַה כְּתִיב לְמַעְלָה מִן הַפָּרָשָׁה (שמות יח, כב): וְשָׁפְטוּ אֶת הָעָם בְּכָל עֵת, וְאָמַר כָּאן וְאֵלֶּה הַמִּשְׁפָּטִים, וְהַדִּבְּרוֹת בָּאֶמְצַע,
מָשָׁל לְמַטְרוֹנָה שֶׁהָיְתָה מְהַלֶּכֶת, הַזַּיִּן מִכָּאן וְהַזַּיִּן מִכָּאן, וְהִיא בָּאֶמְצַע. כָּךְ הַתּוֹרָה, דִּינִין מִלְּפָנֶיהָ וְדִינִין מֵאַחֲרֶיהָ, וְהִיא בָּאֶמְצַע.
Another matter, “these are [ve’eleh] the ordinances.” What is written before this portion? “They shall judge the people at all times” (Exodus 18:22). And it says here: “These are the ordinances,” and the [Ten] Commandments are in the middle.
This is analogous to a noblewoman who was walking, an armed guard on this side and an armed guard on that side, and she was in the middle. So, too, the [giving of the] Torah had justice before it and justice after it and it was in the middle.
This midrash notes that the Ten Commandments differs from other laws in the Torah, such as the collection in our parsha. The character of these laws is radically different. Yet, the inclusion of "Court Codes" in the Torah declares these laws to be essential parts of the Revelation. The inclusion of these legal sections suggests that Israel should hear all the laws guiding Israelite society, including those which are adjudicated primarily by judges. This implies that revelation is inclusive; the entire nation should "receive" all the laws which guide it, the Ten Commandments which is a sort of core legal system, as well as the particulars of a parshat Mishpatim. Unlike other systems in the ancient world in which the Law was the lot of the educated elite, Judaism espoused a more inclusive view in which the Tradition was the heritage of all. Indeed, Torah tziva lanu Moshe; all parts of Torah are the heritage of Israel.
