Law – Jewish Relationships Initiative

Mishpatim and the Modern State

In Parashat Mishpatim, we move from the heights of Sinai and the grand laws given by God to Moses to the granular details of civil law. The shift teaches that a righteous society is built not on abstract ideals but on the daily, impartial application of the Rule of Law.

Mishpatim introduces three pillars essential to our current struggles:

Resistance to Tribalism: Exodus 23:2 warns, “You shall not follow the multitude (the mighty) to do evil.” In an era of “mob justice,” strongman tactics, and polarized echo chambers, this mandate requires that truth must supersede the pressures of the crowd.
Absolute Impartiality: The text prohibits favoring the wealthy or the poor in judgment. Legitimacy and order collapse when the law is seen as a tool for the powerful or a shield for the ideologically aligned. The blindfolded Lady Justice proclaims that all should be treated equally under the law.
Protection of the Vulnerable: By repeatedly centering the “stranger,” the Torah insists that legal structures are only as strong as the protections they afford the marginalized. A society’s greatness is defined by how it protects its most vulnerable.

Our institutions are threatened as society’s trust in them erodes. Mishpatim reminds us that an orderly society is a deliberate choice, one that requires our involvement and confidence. Our future as a nation and world leader depends on upholding a system in which the rule of law anchors us against the storms of political passion

Pharaoh’s Hardened Heart: How Power Becomes Incapable of Change

One of the most theologically challenging chapters of the Exodus narrative that Pharaoh’s heart is “hardened.” Where is the moral choice or free will that characterizes Torah? If God hardens Pharaoh’s heart, how can Pharaoh be held responsible for his refusal to free the Israelites? How can punishment be just if repentance has been removed as an option?

This reading loses sight of the metaphor at work and the timeliness of the teaching. This is not merely a portrayal of an obstinate ruler; it is about how entrenched systems of power function, how the primary focus becomes remaining in power, how moral authority is lost, and how meaningful change to the system that maintains that power is resisted, ultimately doomed to collapse under the weight of its own corruption.

Pharaoh is that political system.

As the plagues begin, Pharaoh himself refuses to change. As the plague of frogs subsided, Pharaoh’s heart hardened when relief came. This was a political reflex, not Divine intervention. The system reasserted itself once the pressure on it was alleviated. The relief was the excuse to revert to the status quo, a squandered opportunity for repentance.

When the text starts using the phrase that “God hardens Pharaoh’s heart, “ the Rambam comments that persistent injustice can erode and stop the capacity for repentance itself . As choices become character, character hardens into destiny.

Ibn Ezra reinforces this structural reading. Commenting on God’s declaration that Pharaoh’s heart will be hardened, he emphasizes that Pharaoh’s political role makes concession impossible. Releasing the Israelites would dismantle the economic foundations of Egypt. Pharaoh’s refusal is therefore systemic self-preservation rather than mere personal obstinacy.

Torah reinforces this interpretation through metaphor. Pharaoh’s heart is described not only as hard but as heavy (‘kaved’). Weight creates inertia. A system burdened by injustice loses its ability to pivot, respond, or change course.

This imagery reaches its climax at the Sea of Reeds. Pharaoh’s chariots sink “like lead in the mighty waters.” Collapsing under its own weight. Egypt falls not because God waged war, but because the structures that sustained its dominance render it incapable of survival in a transformed moral landscape.

Midrash sharpens this idea through the principle of measure-for-measure. Shemot Rabbah teaches that just as Pharaoh hardened his heart, so God responded in kind. The plan to drown babies in the Nile creates the punishment of the drowning of the chariots and army in the Reed Sea. Power collapses according to its own internal logic; the methods used to preserve control become the mechanisms of downfall.

The prophets later universalized Pharaoh into an archetype of political absolutism. Ezekiel depicts Pharaoh declaring, “The Nile is mine; I made myself.” This arrogance and pride further erode any legitimacy of that power. Once power views itself as self-originating, accountability disappears, and reform becomes inconceivable. Seen in this light, the hardening of Pharaoh’s heart is not a theological puzzle but an enduring warning, repeatedly ignored yet played out throughout human history and confronting us today.

The Torah does not ask why Pharaoh did not repent; it teaches that power becomes incapable of repentance. Redemption comes not because unjust systems change, but because they cannot endure and ultimately collapse. The Reed Sea does not defeat Egypt—it simply allows Egypt to sink beneath the weight it chose to carry. These stark lessons are warnings for all of us.

Shemot in our Times

Anthropologist Margaret Mead shared, “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has”.

Shifrah, Puah, Miriam, and Yocheved embody the courage to defy brutality and embrace life. It is our turn.

To those who value our democratic principles, most notably the rule of law, we applaud the courage to fight in the courts and to march in the streets. It is everyone’s responsibility to join and champion the aspirational values at the core of our country.

Torah and the NFL- Nitzavim and Domestic Violence

This week’s Parasha opens with an extraordinary statement: “Atem nitzavim hayom culchem lifnay Adonai.” (Deut. 29:9) You are all standing here this day before the Eternal your God; the leaders of your tribes, your elders and your officers, every man of Israel, your young children, your women, and your convert who is within your camp both your woodcutters and your water drawers that you may enter the covenant, the Brit, of the Eternal your God and His oath which the Eternal your God is making with you this day. (Deut. 29:9-11)

Everyone from the highest of stature to the lowliest is included. We each and every one of us are to be included. The statement is actually twofold. It has an element that sometimes we overlook. Usually we focus on how each is obligated to enter into the covenant. But there is a form of reciprocity implied in the Brit. As each of us is obligated to enter into it, then by extension so too is each of us protected by it. No matter what your stature from the lowliest to the highest, we are all sheltered by the very same covenant of laws. No one is above the law and all are subject to the same law.

A nation of laws has been birthed for the first time in human history. This is one of the singularly great gifts of Judaism to humankind. It is the bedrock upon which we have built the United States of America.

And that is precisely why it is so deeply offensive and disturbing to witness the ongoing saga of domestic violence play out within the National Football League and within our culture. The Allstate Foundation and its affiliate, The Purple Purse, a center to combat domestic violence, published that an astounding 1 woman in 4 in this country will report experiencing domestic violence in their lifetimes. 1 in 4. Here in the United States of America. Furthermore, the number of victims that find they are unable to remove themselves from the cycle of violence is equally staggering. And sadly many victims come to believe that the cycle of violence is acceptable or even the norm and then tragically perpetuate the behavior.

The stories of Ray Rice, the now former running back for the Baltimore Ravens, and Adrian Peterson of the Minnesota Vikings continues. Around the country many people are proclaiming that domestic violence simply is not acceptable. The simple truth is: A brute cannot assault a woman; child discipline cannot devolve into battery leaving physical injury. We do not permit domestic violence. Period— End of Story.

But it is so much easier to turn a blind eye. After all, we are talking about Football. Football is more than a game; Football is our national quasi-religion. Its sacrament is offered by the grand church known as the National Football League in cathedrals around the country and live-cast into our homes. Almost everyone loves to watch the game on Sunday, and on Monday and on Tuesday and on Wednesday and on Thursday. (If only we could get people to our services so often!). It is quite a spectacle and these players are great athletes.

Some people ask, can’t we just kick back and enjoy the show? I mean cold cocking your fiancé is not the most admirable thing to do, but come on- have you watched this guy run? Many would rather watch the game rather and turn a blind eye to what happens off the field.

But the answer remains no. When we choose to turn a blind eye, we choose to condone domestic violence. We facilitate and even encourage this behavior because there are no consequences if we turn away. We cannot turn away. We are all responsible for one another.

As public figures these athletes have a responsibility. And as people who make their money from our participation, we have a responsibility. These competitors embody the celebrity and the financial success that our country glorifies as well as their athleticism, the result of fierce training and discipline. We admire these qualities and aspire to be like those who possess them.

These people are role models for our kids and for us as well. This is substantiated by the fact that the star performers all have major endorsement contracts to promote everything under the sun- from shoes to hats, to anti-fungal foot powder and almost anything else imaginable. It is only because of their influence on us that they hawk products. So whether or not they aspire to be, they are our role models and the endorsement deals create income streams and a lavish lifestyle.

What I find distressing however is that the sponsors are reacting faster than the general public. Endorsement contracts are being reviewed and many pulled in response to the culture of unbridled violence that permeates Football. But the fan base, the American “amcha” if you will, remains by in large wildly devoted participants in the spectacle.

What does it say about us when we encourage or condone or even tolerate this kind of behavior? What are the values that truly matter to us? How do we act as individuals, even when no one else is supposed to be looking? And what do we do in greater society as a whole? If we shirk our responsibilities, we create a culture that accepts and promotes Domestic Violence.

Our Parasha this week admonishes us that we are united in our obligations. “You stand here today, all of you, before the Eternal your God,” And if we do not adhere to these principles, there will be exile and devastation in the land. Further, it is incumbent upon each of us. Each and every individual is responsible. And this is not an impossible task. “For the mitzvah I command you this day it is not beyond you, nor is it remote from you. “Lo Bashamayim Hi.” It is not in Heaven, it is not across the sea. Rather it is very close to you, in your mouth, in your heart that you may do it.” (Deut. 30:14)

All of us are called upon to be involved and to require good and decent behavior from ourselves and from others. So much of Torah is given to us for precisely this purpose. This is not some matter of politically correct civility; it is a foundation upon which our society is built. A free and democratic system cannot tolerate the brute to rule. To borrow from Socrates rebuke of Thrasymachus in Plato’s Republic, Justice is not the will of the stronger. The prophetic call to action of Isaiah, which we will read during the High Holidays and which we echo at every prayer service, admonishes us to feed the hungry, clothe the naked, shelter the homeless and provide for the widow and orphan. Society is strong only when it protects those unable to protect themselves. The seeds of this understanding are to be found here in Parasha Nitzavim.

We are extraordinary and unique in that we are a nation of laws. This is not only a fundamental value of Judaism, but also a cornerstone of Western Culture and these United States. Without it, the very fabric of our society begins to fray and the domestic peace is threatened. It is both our inheritance and our legacy.

For this covenant extends beyond us to all of “those who are not here with us this day,” (Deut. v14) the future generations, our children and our children’s children.

We are compelled therefore to demand better. The Eternal explains in Torah “I have set before you life and goodness, and death and evil. I command you to love God, to walk in His ways and to keep His commandments.” God admonishes us to live with our eyes wide open.

For if we do not live respecting the laws of decency and civility a cancer growing inside, threatens our society, one that will eventually kill, or to use the language of Nitzavim, “a root that produces hemlock and wormwood.” (Deut. 19:17) We can put a stop to it now, by not tolerating such abusive behavior.

We can act and we can have an effect. Truly it is close to us in our hearts and mouths. Nitzavim cautions that if someone thinks that he or she “can have peace even if I follow my heart’s desires,” “The Eternal will not forgive…but rather God’s zeal will fume against that person.” (Deut. 19:18) And so, each of us is obliged and challenged to act.

It can start with something as simple as not watching the football game, sending an email to a sponsor or to the NFL demanding a change before agreeing to patronize one of the worlds most successful business enterprises, and actively supporting campaigns against domestic violence such as Purple Purse.

The month of Elul is a time of reflection in preparation for the High Holidays; we look to where we have fallen short and how we might do better in the year to come. This is one place where we can all do better.

”Life and Death I have set before you, blessing and curse.” (Deut. 30:15) “Choose Life and live.”(Deut. 30:19)

Shabbat Shalom