The Nature of Mishpatim: Rights Recognition versus Self-Serving Law

Rabbi Zweig opens by raising several fundamental questions about Parashat Mishpatim. First, what exactly is a mishpat? The parsha contains many laws that are not bein adam lechavero—laws against blasphemy, bestiality, and idolatry appear alongside interpersonal laws. Second, the parsha divides into four distinct sections of mishpatim, each with different content and severity levels. Why this particular organization? Third, Rashi (רש"י)'s opening comment that "ve'eila" adds to the previous (as opposed to "eila" which would reject it) implies that without the vav, mishpatim would constitute a rejection of Har Sinai itself—an astounding claim requiring explanation. The shiur's central thesis distinguishes two fundamentally different approaches to law. One approach views prohibitions as commands to the actor: "Don't steal" means don't demean yourself by becoming a thief; the focus is on the impropriety of the action for the person doing it. The alternative approach recognizes pre-existing rights in others: "Don't steal" acknowledges that your fellow has a property right that exists independently of the Torah (תורה)'s command; the Torah merely reaffirms this existing right rather than creating the prohibition.