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                                                                                                                                                                          Mishpatim

                                                                                                                      And These are the Judgments –
                                                                                                                      ££And These are the Judgments – And These are the Judgments –
                               ki tisa א ָּׂ ש ִת י ִּ כ                                                              £And These are the Judgments – And These are the Judgments – And These are the Judgments –
                                                                                                                      ££
                                                                                                                           Secrets of ReincarnationSecrets of ReincarnationSecrets of Reincarnation




                                                                                                          “And these  are the  judgments  (mishpatim) that you shall place
                             £Recognizing the Individual’s Recognizing the Individual’s Recognizing the Individual’s   before them” (Exodus 21:1). This very same verse – on which Rashi
                             ££
                                       Infinite WorthInfinite Worth
                                       Infinite Worth                                         9           comments that the people must be taught the Torah’s deeper reasons
                                                                                                          and ideas (as discussed in the previous section) – is the occasion for
                                                                                                          the Zohar’s comment that these “judgments” contain the secrets of
                                                                                                          reincarnation. The Zohar follows this statement with a lengthy and
               Ki Tisa begins with the commandment to take a census of all the                            very explicit explanation of the reasons and the manifestations of
               men of Israel twenty years of age and over. There are two unusual                          reincarnation. The Zohar’s obvious intent in suggesting that these
               things about this census. Firstly, God does not actually use the verb                      “judgments” about to be mentioned in this Torah portion contain
               “to count” in ordering the census, instead He uses the expression                          the  secrets  of reincarnation arises from its understanding  that
               “when you lift up the heads of the children of Israel according to                         the  numerous  cases  of  conflict  and  disagreement  and  the  various
               their numbers” (Exodus  30:12).  Secondly, the men are not to be                           applications to the  courts to provide  judgment  are  connected  to
               counted directly; rather, the half shekels they each contribute to the                     accounts both from this lifetime and from previous lifetimes as well,
               maintenance of the Tabernacle are to be counted in order to establish                      which are only now being resolved.
               the number of contributors. The particular way the Torah describes
               and conducts this census has much to teach us about contemporary                             The portion  of  Mishpatim contains  both the laws  concerning
               reality and the human psyche.                                                              premeditated murder and accidental homicide: “One who strikes a
                                                                                                          man who dies, will be put to death. But for one who had not waited
                 The sense of alienation, of being a nameless entity in a cold and                        in ambush and God had caused it to come into his hand, I will provide
               impersonal  world, has perhaps never been stronger  than today.                            a place to which he shall flee” (Exodus 21:12-13). The unintentional
               With the bonds of  family  and community increasingly weakened                             murderer must flee to a city designated as a “city of refuge” and
               and the proliferation of a computer driven, consumer society, almost                       reside there for (what will probably be) a considerable length of time,
               everyone experiences at some point the sinking feeling that he or she                      for he is not considered totally blameless. The intriguing question is:
               is just a faceless number trapped in an ever increasingly complex                          what does the verse mean when it states that “God had caused it to
               web of bureaucracy. It was no accident that the Nazi death machine                         come into his hand”? The obvious inference is that somehow God
               branded numbers on peoples’ arms as a way of degrading them and                            was acting behind the scenes and had caused this death to occur.
               as a way of robbing them  of their  humanity,  freedom,  and true                          However, if God caused it to  happen, placing the blame on the
               identity.                                                                                  unintentional murderer seems difficult to understand. This makes
                 Therefore the Torah instructs us not to count people as we would                         Rashi’s explanation all the more remarkable:
               count other objects. A human being can never be thought of as a
               number  devoid  of  a  unique  personality  and  infinite  worth.  The                           Why should this go forth from Him [be brought about by
               Torah’s method for conducting the census teaches us how to properly                              God]? This is what King David said: “As the parable of
                                                                                                                the ancients says – ‘from evil ones comes evil’”(1 Samuel

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