Va'etchanan (Deuteronomy 3:23-7:11)
OVERVIEW
As Parashat Va'etchanan opens, Moses again relates his petition to God to allow him to enter into the Promised Land, but is refused. Moses continues his review of the history of the Israelites since the Exodus from Egypt. However, his emphasis now turns to the laws and rules that God has given to the People of Israel, repeatedly imploring the Israelites to accept and faithfully follow all of God's instructions. Such compliance will be rewarded with goodness. Moses then repeats the Ten Commandments, followed shortly after by the passage which we use liturgically as the first paragraph of the Shema. Moses then warns the Israelites not to forget God after they enter into the land and are established as a prosperous people. They are to avoid assimilation and always remember that they are God's "treasured people."
IN FOCUS
And now, O Israel, give heed to the laws and rules which I am instructing you to observe, so that you may live to enter and occupy the land that the Eternal, the God of your ancestors, is giving you. (Deuteronomy 4:1)
PSHAT
At this point in the Book of Deuteronomy, Moses shifts from a review of the past to a presentation of what is expected of Israel when they enter into the Promised Land. Israel's success in conquering the Land of Israel, and then residing there in peace and prosperity, is linked to Israel's submission to God and compliance with the mitzvot. This is an essential restatement of the Brit - the covenant between God and the people of Israel - expressed in covenantal language: if Israel does what God asks, God will take care of Israel. But now the Brit is expressed in the context of the Land.
DRASH
The text uses very technical language here, consistent with the covenantal model that is being presented. Two terms are used here to indicate the laws with which Israel must comply in order to maintain God's favour: Chukim and Mishpatim. These words are variously translated as "rules," "statutes," "injunctions," or "ordinances" and are essentially synonymous terms for "law". In Torah, these two terms commonly appear paired together (Chukim U'Mishpatim), leading the rabbis of old to ask for clarification as to their distinct respective meanings. This question extends from the rabbinic understanding that Torah is very economic in its use of language. There is considered to be no repetition in Torah, so when two different words are used in place of one, there must be something specific that we can learn from each term. So what are the differences between Chukim and Mishpatim?
There are, of course, many different thoughts on this question. Torah itself does not offer any clear differentiation between the two forms of law, so we must rely on the oral tradition for clarification. The Midrash called Sifra on Leviticus 18:4 explains that Mishpatim represent laws that are valid even had they not been written in the Torah, such as the prohibitions against robbery, murder, and incest. Mishpatim are generally accepted laws which are found in the legal systems of most human cultures and civilizations. These laws tend to be easily understandable and are not often questioned. Chukim, on the other hand, are considered to be decrees of God intended specifically of the People of Israel. Included in this category are the Red Heifer, the prohibition against eating pork and sha'atnez (the prohibition against wearing clothes made of a blend of wool and linen). This category of law presents some problems, since most laws that would be considered Chukim do not make much sense to the human mind, and are not practised by other peoples. They have no rational explanation, and their reasoning is considered to be "hidden". Chukim are understood to make sense on a divine level. As I recently heard someone opine, "without the Chukim, Judaism would be humanism."
There are other theories about the difference between Chukim and Mishpatim. Rabbi Gunther Plaut notes in his commentary on the Torah that some say that Chukim deal with the relationship between humanity and God (divine or ritual law) while Mishpatim deal with relations between people (civil & criminal law). Others say that Mishpatim deal with case law while Chukim represent apodictic law (i.e. law that can be deduced from common morality).
In the end, the usage of both terms indicates that the People of Israel are obligated to uphold all of God's commandments, whether the commandments make sense or not. The Mishpatim, the basic laws, are essential for the maintenance of a moral and just society. Such laws would achieve same result for any society. However, it is obedience to the Chukim - God's "secret" laws - that makes Israel unique. These laws, the Chukim, set Israel apart from the other peoples and makes Israel a holy nation. Although these laws may not make sense, we observe them because we have committed ourselves to our God, and God has asked us to observe them. It is a classic leap of faith, but not one which we make blindly, for we have thousands of years of tradition to support such behaviour. We do so, as our text suggests, so that we may "live" - live as Jews.
DAVAR AHER
...to do, so that you may live. (Deuteronomy 4:1)
That is, to heed the Torah in practice. From this verse we learn that the study of Torah itself is not the most important thing; rather to do good deeds. Indeed, this is what life is all about. (Tz'enah Ur'enah)
