Parshah through the Mediator’s Lens: Mishpatim

This week we read the Torah portion of Mishpatim (Exodus 21:1–24:18), where we find an extensive set of laws governing civil interactions that we can relate to just as much today as ever: personal injury, property disputes, financial transactions, and ethical conduct. This portion serves as the foundation for Jewish civil law, offering principles of justice, fairness, and responsibility that remain relevant today. What is most eye-opening and relevant today is how this portion and the laws presented show why the IDF is the most moral army in the world.

One of the most striking aspects of Mishpatim is its attention to legal disputes and interpersonal conflicts. The Torah anticipates that disagreements will arise in any society and sets forth guidelines to ensure that justice is served. However, even with clear laws, disputes can be emotionally charged and complex, making mediation an essential tool for achieving resolution.

An Inherent Conflict: Retaliation vs. Restorative Justice

One notable passage in Mishpatim states, “An eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, a burn for a burn, a would for a wound, a bruise for a bruise.” (Exodus 21:24-25). At first glance, this verse appears to advocate for strict retributive justice. However, Jewish tradition and rabbinic interpretation clarify that this verse was never intended to be taken literally. In fact, the Talmud discusses this verse at length, that one should never even think of retributive justice (see Bava Kama). Instead, it’s meant to refer to monetary compensation (see an explanation of this at https://aish.com/eye-for-an-eye/).

Then how do we balance the need for justice with the imperative for reconciliation? This tension between strict justice and restorative justice presents a scenario where mediation could be highly effective. A mediator can help the aggrieved party feel heard while guiding both sides toward a resolution that acknowledges harm done without resorting to vengeance. Mediation fosters dialogue, encourages empathy, and facilitates agreements that focus on restitution and repair rather than mere punishment.

The Role of Mediation in Jewish Dispute Resolution

Jewish law already embraces the concept of mediation, as seen in the role of a peshara (court-imposed settlement) or zabla (arbitration panel). The sages emphasize the value of shalom bayit—peace within the community—and often advocate for resolutions that preserve relationships rather than escalate conflicts. A skilled mediator can help disputing parties navigate the fine line between accountability and compassion.

Mishpatim reminds us that while laws are necessary, human relationships require more than rigid laws. They require understanding, dialogue, and fairness. Mediation provides a path toward resolution that aligns with the Torah’s ultimate goal: a just and harmonious society.

Final Thoughts

As legal mediators, we can draw inspiration from Mishpatim’s wisdom by incorporating principles of fairness, reconciliation, and creative problem-solving into our practice. Whether dealing with contractual disputes, personal injury claims, or ethical dilemmas, mediation helps parties move beyond conflict and toward solutions that uphold both justice and peace.

If you find yourself in the midst of a legal dispute, consider mediation as a pathway toward resolution—one that echoes the wisdom of our ancient texts while serving the needs of our modern world.

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Each week, Ari Sliffman, a Jewish legal mediator in Philadelphia, Pennsylvania will discuss the week’s Parshah “through the lens of a mediator.”  Ari will focus on one or two sections of the Parshah and discuss how a mediator could have assisted with the relevant conflict.