But there is something even more fascinating. This a great example to show why human beings “need” Divine laws. The laws presented here in Mishpatim constitute the first biblical legal code. A pre-constitution with 53 articles. I would like to compare just one aspect – which could easily go unnoticed – between the code of laws presented in Mishpatim and other modern codes of laws. The American Constitution, for example, and I estimate that it is the case for most constitutions of civilized countries, begins with government-related issues: the formation of Congress, the authority of the Senate, and everything related to the President and the Government. In the Tora, there are also laws of the state, of the court, of the priests, of the king, etc. But, very significantly, the first code Mishpatim begins with the laws of the most vulnerable individual: the Hebrew slave, in English, the “indentured servant”. A man or a woman who, due to their poverty or debts, works as servants until they pay off what they owe. This form of slavery was extremely common in the past. In any case, because of their debts, these individuals were poorer than the poor. And in terms of their status, they were the “least important” people in society and, therefore, the most exposed to abuse by their masters or employers.
And incredibly, the first topic, the first law presented in the Mishpatim code, is not that of the powerful individuals or rulers, but the laws of the slaves! This law speaks about the rights of the slave: the maximum term of servitude, that the salve should be treated without violence or abuse, he (especially “she”) shall not be discriminated against or forced to do humiliating work; the slave shall be compensated at the end of his work and indemnified if the boss injures him, etc. THIS IS ABSOLUTELY UNPRECEDENTED IN THE HISTORY OF MANKIND. AND UNIQUE. Especially in the ancient societies contemporary to the Tora, 3500 years ago. Let’s take, for example, the famous Code of Hammurabi, which speaks about slaves, not their rights, but their obligations to serve their masters with loyalty and the severe punishments for disobedience. For instance, the last article of the Code of Hammurabi, number 282, says: “If a slave is found guilty of saying to his master, ‘You are not my master,’ his ear shall be cut off” (see other similar examples here).
Why does the Tora begin with the rights of the weakest? Simply because it was not written by the “sovereign” or “tyrant” of the time but by God. And the God of Israel focuses first and mainly on the rights of the weakest! As we see in this case and also a little further on in this same Parasha: the Tora severely emphasizes the prohibition of abuse or exploitation of the most unprotected, the widows and orphans. Exodus 22:21-23 states, “Do not abuse the widow or the orphan. Because if you do, when they cry out to me, I will certainly hear their cry… and my anger will be aroused against you…”
Only the Tora, a Divine Law, is concerned more and primarily with the rights of the most vulnerable, of those who have less.
