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“And these are the laws that you shall set before them.” (21:1)

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Rashi explains that whenever the term “vkt” (these) is stated, it excludes the preceding sections, but when the term “vktu” (and these) is stated, it adds to the preceding.

Just as the preceding laws were given at Mount Sinai, so too, were these given at Mount Sinai. Rashi reveals here the essential difference between Torah laws and the laws of the nations. The laws of the nations are founded upon the decision and approval of individuals who are readily influenced by the environment and age in which they live. Their various lifestyles and value systems will play a great role in the development and acceptance of these laws. The laws are a reflection of the personalities of the legislators who can change their minds as a result of pressure or coercion. Therefore, their laws are often inconsistent, and illogical. Torah law, however, is an act of Hashem. It is not based upon human agreement and acceptance. On the contrary, it is Torah which is the foundation of man. The Zohar says: “Hashem gazed at the Torah and created mankind.” Man was created, shaped, and perfected according to the Torah and its mitzvos.

To illustrate this thesis, let us look at the mitzvah of otu ct sucf (honoring one’s parents). We commonly assume that this mitzvah was given to us because parents exist. It is wrong to assume that it is necessary to have parents in the order of creation, for Hashem as Creator, could ordain that the world exist in any way He desires!

According to the Zohar we must say that since there is a mitzvah of honoring one’s parents in the Torah, it necessarily mandated that parents be a part of creation. It is the mitzvah that mandates this order rather than the mitzvah being applied to an existing situation. Our society is shaped according to Torah laws and precepts, while the laws of the nations are shaped according to the society wherein they exist.

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