The Compromise: The Halacha

In Shemot 18, in a dialogue between Moshe and Yitro a matter is settled that would prove to be essential for Jewish history. In Shemot 18:15, Yitro asks Moshe why from morning till evening the people are standing before him. In Shemot 18:16, Moshe tells Yitro that the purpose is to make known G-d's laws and His Torah. Because Moshe is the only one that can judge according to Emet, the Truth, he is the one to do this. Yitro replies that this is impossible.

Rather, Moshe should take it upon himself to determine G-d's laws and His Torah at a general level (Shemot 18:19,20,21). Moshe should leave it to worthy men, who fear G-d, men of truth, who hate bribery, to apply the general Torah in individual cases. Thus the compromise was born. The Torah at a general level became the Halacha, הַדֶּרֶךְ יֵלְכוּ בָהּ. For Moshe, the Halacha did not exist. He would seek divine help in every case. For Moshe, G-d is Keter, Emet, for the people G-d is Hashem.

Moshe is the Sanhedrin of the Truth. This Sanhedrin judges cases outside of the system of Halacha, and in such a way keeps the Halacha alive. The system works as long as there are enough men of truth. Without them, the Halacha becomes a dead letter. With men of truth, the truth has a representation on earth, the Sanhedrin, and the nation of Israel. Without men of truth, the would-be representation actually fights the truth, and becomes a mere social group.

The Halacha can be traced to the word Mitzvot in the Torah, and is therefore a relatively recent invention. Before that time, there were, roughly, three competing sets of Mishpatim. After that, there is one set of Mitzvot. As long as the system works, the Halacha is there to protect you. Without the protection, it is between you and Hashem, or rather, between you and the Truth.

There's truth that lives, and truth that dies {Leonard Cohen, Nevermind}.

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