The Answer: Mishpatim’s Ten Commandments’ Moment

Why are no punishments listed within the Ten Commandments?

This often asked Decalogue question is partially answered in the Torah Portion Mishpatim. The answer is two-pronged, one part is complex while the other is simple.

The complex part of the answer pertains to the concept of Community vs. Individual Code of Conduct. Since the Decalogue is a national covenant, it is a serious collective code violation which places the accord in jeopardy. The ultimate punishment is that the Deity-People contract will be terminated. Given that overall purpose, individual penalties are not within the Decalogue’s intent.

The simple part of answer is contained within the Portion Mishpatim as well as other parts of the Torah.

Within Mishpatim, there are a multitude of Ten Commandments-related laws. For many of them, punishments are included.

This Post will survey a number of Mishpatim’s Decalogue-related commandments.

Due to the seriousness of some of the consequences, an initial discussion of crime and punishment is warranted.

Of Crime and Punishment

Before addressing any specific Mishpatim provision, it is important to consider the ancient Israelite world’s realities.

In essence, what was the nature of their infrastructure to address matters of crime and punishment? Was this burgeoning society capable of supporting criminal justice institutions? Or, was there a need for alternatives to incarceration? If so, what alternatives could be employed?

Upon reviewing the commandments, some Mishpatim punishments are both extreme and final.

On the other hand, for lesser violations, the punishments are far less brutal. Rather, there appears to be a reliance on a punitive-enhanced compensation process to deter criminal activity.

With these factors in mind, the following are some of Mishpatim’s Decalogue-related laws.

Mishpatim

You Shall Not Murder

Exodus 20:13

In Mishpatim, there is the following provision:

“One who strikes a man, and he dies, he shall be put to death. Exodus 21:12

[Note: Involuntary manslaughter was also addressed. In a passage, sanctuary cities are to be established for individuals involved in an unintentional killing- without scheme. Exodus 21:13]

Honor Your Father and Your Mother

Exodus 20:12

In Mishpatim, there are two relevant provisions:

“Any one who strikes his father and his mother shall be put to death.” Exodus 21:15

“Any one who curses his father and his mother shall be put to death.” Exodus 21:17

[Note: Do these acts require both father and mother to be harmed? The Commentator Rashi indicated either father or mother; not both.]

You Shall Not Steal

Exodus 20:15

Mishpatim includes these two provisions with respect this commandment:

“And one who steals a man and sold him, or he was found in his hand, shall be put to death.” Exodus 21:16

“If a man will steal an ox or a sheep and slaughter it or sell it, he shall pay five oxen for ox and four sheep for the sheep.” Exodus 21:37.

One of these provisions monetizes particular criminal behavior by requiring in essence a significantly punitive fine. Also, the penalty’s determination is based upon what was stolen.

You Shall Not Have Other Gods Before My Face

Exodus 20:3

This Mishpatim provision includes the harshest of all punishments.

“One who sacrifices to gods shall be completely destroyed- except to the Lord alone.” Exodus 22:19.

Conclusion

The Torah Portion Mishpatim partially answers the question as to why the Decalogue does not contain punishments. The Ten Commandments’ penalty violations for individuals are located elsewhere in the Torah.

The other answer to the question is that the Decalogue should be viewed as a Community Code of Code. Thus, collective commandment violations pose as an existential national threat. The ultimate punishment for that violation would be the nation’s dissolution.

Be well!!

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