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What distinguishes mishpatim from other mitzvos, and why do courts seek compromise when Torah (תורה) law seems clear? Rabbi Zweig develops a fundamental yesod: bein adam l'chavero means the other person has a *right* and a *claim* on you, not merely that your action affects them. This transforms every violation into a personal injury, making compromise essential to restore relationships beyond monetary restitution.
Rabbi Zweig addresses several foundational questions about Parshas Mishpatim. First, why does Torah (תורה) law require judges to seek compromise (pesharah) when the parsha lays out detailed legal statutes? Second, why does Rashi (רש"י) emphasize that the Sanhedrin sat on the Temple Mount? Third, what does the term "mishpatim" add beyond the generic term "mitzvah (מצוה)"? And finally, why do the Ten Commandments visually distinguish between mitzvos bein adam l'Makom and bein adam l'chavero? The shiur's central thesis is that bein adam l'chavero does not merely mean "a mitzvah that happens to affect another person." Many mitzvos affect others—treating animals kindly, preserving nature, having proper table manners—yet these remain bein adam l'Makom because the other party (animal, tree, onlooker) has no *claim* or *right* against you. When you fail in these areas, you have degraded yourself as a human being, but you have not violated someone else's entitlement. Bein adam l'chavero means the other person has a Torah-granted right to expect something from you, and when you fail, you personally injure them.
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Why does the Midrash connect Pharaoh's expulsion of the Jews to the mitzvah of shiluach hakan? The shiur develops a chiddush that Pharaoh's sin wasn't only drowning the children, but the insensitivity of expelling the parents afterward. The deeper analysis reveals that Pharaoh may have valued the Jews greatly and wanted to control them—making his expulsion an act of tremendous cruelty, not liberation.
Why does Moshe respond to the splitting of the sea with shirah rather than praise or thanksgiving? Rashi's use of "al libo" reveals that shirah is an emotional expression—a response of love to love. When Hashem shows personal care, the only adequate response is "I love You too," not mere gratitude or praise, and this principle applies to all relationships.
Parshas Mishpatim
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