The passage starts with the phrase, "These are [ve’eleh] the ordinances." That little word "ve’eleh" – "these are" – isn't just a throwaway. The Midrash (rabbinic interpretive commentary) sees it as a connector, linking the mishpatim, the ordinances, to the previous section about the giving of the Torah itself. The Torah, according to this interpretation, was given in the morning, and the ordinances in the evening. As it says in (Job 4:20), "From morning to evening they are broken; forever unaware, they perish." The idea is that ignoring the Torah and the ordinances brings punishment.
Think of it like this: Imagine two people going to court. One's a lawyer, the other's just winging it. What makes the layman more likely to lose? He doesn't have anyone to teach him the law! Similarly, the Midrash suggests that God was holding back judgment on Mount Sinai, as it says, "My hand grasps judgment" (Deuteronomy 32:41). David even says, "Judge me, Lord, in accordance with my righteousness" (Psalms 7:9). But, the Midrash implies, David was punished because he didn't fully grasp the parameters of divine justice. He hadn't yet organized the ordinances for himself! It’s all connected to that verse in Job: “From morning to evening they are broken; forever unaware [mesim], they perish” (Job 4:20). The word mesim is linked to the ordinances, because "these are the ordinances that you shall place [tasim] before them." The punishment comes from not knowing the ordinances and how they play into divine judgment.
But it gets even more interesting.
The Midrash then offers another interpretation of "these are the ordinances," focusing on that phrase "forever unaware, they perish." It tells a story about a drunk ruffian who wreaks havoc – kicking down prison doors, stoning statues, and cursing officials. He even demands to be taken to the governor so he can "teach him justice!" But when the ruffian sees the governor actually in action – incarcerating nobles, expelling officials, and blinding dukes – he gets scared. He realizes he was "intoxicated" and didn't understand the governor's power.
Job, in this analogy, is like the ruffian. Job cries out, "If only I could know and find Him…I would organize my case before Him" (Job 23:3–4). But then, the Midrash says, Job "stones the image" by cursing the day he was born (Job 3:3) – remember, humans are made in God's image! He "frees the prisoners" by saying, "Let the stars of its twilight be dark" (Job 3:9). He "curses the officer" by saying, "May that night be taken by blackness" (Job 3:6).
And then, Job sees God "sitting on the podium," enacting judgment: Miriam is afflicted with leprosy (Numbers 12:10), Moses is barred from the promised land (Numbers 20:12), Isaac goes blind (Genesis 27:1), Abraham's descendants are enslaved (Genesis 15:13), and Jacob walks with a limp (Genesis 32:32). Seeing all this, Job realizes he was "intoxicated" and says, "Indeed I erred, my error rests with me" (Job 19:4). Why such a strong reaction? Because Job didn't understand how exacting divine judgment is. "Forever unaware, they perish."
So, what does this all mean? It's a powerful reminder that understanding God's laws, both the big-picture commandments and the nitty-gritty ordinances, is crucial. It's not enough to just want justice; we need to learn what it truly means, and how it operates in the world. And perhaps, more importantly, it's a lesson in humility. Before we rush to judge God, or anyone else, we need to make sure we truly understand the full picture.
Another matter, “these are [ve’eleh] the ordinances.” “It was on the third day when it was morning” (Exodus 19:16), in the morning the Torah was given, and in the evening the ordinances were given.43The vav at the beginning of ve’eleh links the ordinances in the upcoming passage to the previous portion, in which the Torah was given. The midrash understands this to mean that they were given on the same day. That is what is written: “From morning to evening they are broken; [forever unaware, they perish]” (Job 4:20).44The wicked are punished due to their having ignored the Torah, which was given in the morning, and the ordinances, which were given in the evening. This is analogous to two men who went to court,45This translation is based on Etz Yosef; see also Matnot Kehuna. one was a professional [lawyer] and one was a layman. What caused the layman to be punished? It is that he had no one to teach him. So too, the Holy One blessed be He was standing on Mount Sinai and was holding back judgment, as it is stated: “My hand grasps judgment” (Deuteronomy 32:41). David said: “Judge me, Lord, in accordance with my righteousness” (Psalms 7:9). He checked, but he did not find anyone to teach him,46He believed that he was righteous because there was no one to teach him the parameters of the divine attribute of justice. and he was punished. He began shouting: “Do not enter into judgment with Your servant” (Psalms 143:2). When was all this? It was before he organized the ordinances for himself, to realize what is stated: “From morning to evening they are broken; [forever unaware [mesim], they perish]” (Job 4:20).47The term mesim is taken as an allusion to the ordinances, of which it is stated: “These are the ordinances that you shall place [tasim] before them.” Thus, the punishment is due to an insufficient knowledge of the ordinances, and of the extent to which an individual is held accountable in the Divine process of judgment. Another matter, “these are the ordinances.” What is: “Forever unaware, they perish”? (Job 4:20). Job said to the Holy One blessed be He: “If only I could know and find Him…I would organize my case before Him” (Job 23:3–4). This is analogous to a ruffian who was intoxicated. He kicked the prison [door] and freed the prisoners. He stoned the statue of the governor of the city, cursed a policeman, and said: ‘Show me the place where the governor of the city is located and I will teach him justice.’ He entered; they showed him the mayor of the city sitting on the podium. [The governor] incarcerated a noblewoman and expelled a city official, blinded a duke, sentenced a judge, and placed a magistrate in stocks. When [the ruffian] saw the governor of the city doing so, he was afraid. He said: ‘I implore you, I was intoxicated and was unaware of the power of the governor of the city.’ So too, Job was standing and screaming: “If only I could know and find Him…I would organize my case before Him.” He stoned the image, as he said: “Perish the day I was born” (Job 3:3).48Man is created in the image of God. By cursing the day of his birth, it was as though Job stoned the image of God. He kicked the prison and freed prisoners: “Let the stars of its twilight be dark” (Job 3:9).49The stars are like prisoners imprisoned in darkness. He cursed the officer: “May that night be taken by blackness” (Job 3:6).50Night is viewed as an officer in charge of darkness (see Bereishit Rabba 3:6; Maharzu). He saw the king sitting on the podium. [The King] incarcerated the noblewoman: “Behold, Miriam is leprous as snow” (Numbers 12:10). He expelled Moses: “Therefore, you will not bring this congregation [into the land which I have given them]” (Numbers 20:12). He blinded the duke, this is Isaac, as it is stated: “His eyes were dimmed from seeing” (Genesis 27:1). He sentenced Abraham, as it is stated: “Know that your descendants will be strangers” (Genesis 15:13). He placed Jacob in stocks: “He was limping on his thigh” (Genesis 32:32). When Job saw, he said: ‘I implore You, I was intoxicated,’ as it is stated: “Indeed I erred, my error rests with me’ (Job 19:4). Why to that extent? It is because they did not know the power of judgment.51They did not understand how exacting Divine judgment is. That is, “forever unaware, they perish.”
