Parashas Pinchas: Non-intuitive Mishpatim

Artwork: Path to Exile, by Rebecca Guay

Parashas Pinchas: Non-intuitive Mishpatim

The 613 mitzvos can be divided into two categories: mishpatim and chukim. 

"Mishpatim" refers those mitzvos whose reasons are obvious, which are in line with our common sense, and which we would keep (in some form) even if we hadn't been commanded by the Torah. Examples include: giving tzedakah, honoring one's parents, not stealing, not murdering, loving one's fellow as oneself, not testifying falsely in court, etc. Almost all societies have their own versions of these mishpatim, since the need for them is evident. 

"Chukim" refers to those mitzvos whose reasons are not obvious, which are non-intuitive, and which we wouldn't keep were it not for the Torah. Examples include: not eating milk and meat together, performing the sacrificial service, not wearing a mixture of wool and linen, waving the four species on Sukkot, etc. All of the chukim have reasons, and they were commanded for our benefit, but the reasons are hidden, and require study and analysis to uncover. 

This week's parashah is the source for the laws of inheritance. Although the Torah allows a person to do pretty much whatever he wants with his possessions before his death, the Torah spells out exactly what happens to his possessions if he dies without expressing his will. There is a hierarchy as to which of his family members receives priority in the inheritance, leaving no room for ambiguity.

On the surface one would think that the mitzvah of inheritance falls into the category of mishpatim. All societies have some form of inheritance laws which dictate what happens to the possessions of the deceased. The reasoning behind these laws seems obvious.

The Sefer ha'Chinuch (mitzvah #400) would beg to differ. He provides the following explanation for the purpose of these laws:

At the root of the mitzvah [lies the aim] that a man should know and consider that the world lies in the hand of a Master Who watches over all His creatures, and that by His good will and desire, each and every one in the world merits the share of property that he attains in his world. His gift (blessed is He) is blessed that it should continue forever for anyone to whom He gives it - were it not that because of the first sin, the decree of death was imposed in the world. Just because a person's body is removed does not make it just that there should be a cessation of God's blessed gift. Rather, it should extend further, of itself, to the body that developed in continuity from him, this being his son or his daughter.

According to the Sefer ha'Chinuch, the laws of inheritance remind us that all of our possessions come from Hashem, in accordance with His justice and kindness. This is true not only for human beings, but for all of His creatures, as we say in the Birkas ha'Mazon (Blessing after Meals): 

Blessed are You, Hashem, our God, King of the universe, Who nourishes the entire world, in His goodness – with grace, with kindness, and with mercy. He gives nourishment to all flesh, for His kindness is eternal. And through His great goodness, we have never lacked, and may we never lack, nourishment, for all eternity. For the sake of His Great Name, because He nourishes and sustains all, and benefits all, and He prepares food for all of His creatures which He has created. Blessed are You, Hashem, Who nourishes all.

Since His bounty is blessed, and His blessings endure, there is no reason why this bounty should cease upon the death of the individual. Rather, Hashem ensures that this blessing be passed on to the recipient's offspring, in accordance with a system of order and justice. He does this by means of these laws of inheritance. Thus, when a person engages in the system of inheritance laws, he is reminded of the greater framework of Hashem's providence, and is given a valuable opportunity for gratitude and reflection. 

This is a perfect example of how even the mishpatim - the "intuitive" mitzvos - of the Torah contain deeper dimensions, which are not intuitive. Yes, it is true that other societies have laws which govern the allotment of inheritance, but how many societies have inheritance laws which are designed to induce contemplation of metaphysical truths? What other nation uses its laws of inheritance as a vehicle for self-improvement and meditation upon one's place in the grand scheme of creation?

To the contrary - the versions of these mishpatim in other societies exist purely to serve practical, material interests, without any greater purpose. The Torah's mishpatim, on the other hand, accomplish these objectives and more. They guide us and facilitate our ethical and intellectual development, providing us with an opportunity to transcend the realm of the mundane and connect to the Source of reality.