Parashat Mishpatim

Twice this week, we encounter Israel’s famous acceptance of responsibility at Sinai. The people first say, simply, “Whatever God says, we will do” (Exodus 24:3). Just a few lines later (24:7), they say, “Whatever God says, we will do and we will hear.”

Tradition has made much of these affirmations. For starters, they have been applied to two different moments in time: the first followed God’s demand that Israel prepare for revelation; the second refers to revelation itself.

Then too, the order of the verbs — first “we will do” and only then, “we will hear” — has attracted enormous commentary. Most interpreters have deduced the lesson that proper comprehension of God’s will flows only from the prior performance of it, not the other way around: that is, we do not first hear and then do; we do and only then do we hear.

But how could that be? “Something” had to have been heard to prompt the doing. The answer must be that, existentially speaking, what we hear at first is only a vague demand for action that must be tried out before we really understand it; in that sense, “we will do” really does come first; only out of doing, do we more fully grasp what was meant by the first hearing. Only then can we revisit the original hearing and rehear it for all that it entails.

Now we understand a lesser-noted difference — in the first promise, “Israel answered in a single voice.” Not so the second time. There, the unanimity of voice is missing. They had no trouble agreeing with one voice that they would prepare for the covenant. But they were of more than a single opinion as to what that covenant entailed, since they knew that it would mean different things for each of them, and only after trying it, would each person know what it might mean personally.

The idea that we try out what we think God wants runs counter to the usual understanding of religion, which, we assume, is black or white, totally objective, clear and distinct from the outset. Nowhere else do we suffer from this childlike delusion. Congress makes rules but then changes them, as exigency demands. Even the Supreme Court changes its mind on what exactly we mean, by, say, “cruel and unusual punishment.”

Sure, we promise enduring love to the ones we marry — but the naivete of courting gives way to the experience of actual marriage, when we understand better what true love demands. Yes, we pledge allegiance to the flag — but then we alter the kind of America for which we believe the flag must stand: the “manifest destiny” of the days when Americans thought the entire continent belonged to them is long gone; our inalienable right to life, liberty and the pursuit of happiness means different things in different eras.

Why should this ever-changing landscape of understanding not apply also to religion? Israel could speak with one united voice when the only thing at stake was preparing to receive the covenant. The covenant’s exact terms, however, were another matter. Everyone agreed to commit to it, but they knew that the “it” in question would change, as experience kept revising the understanding of what God had asked for.

Religion gets short shrift in America today because the idea of utter changelessness is blatantly childish. Until we treat religion as a fully adult thing, we can expect religious loyalty to falter. The only way forward is to reassert what Torah here implies: we Jews do agree to do what God wants; but not with a single voice, because we know our understanding must change with personal experience. We hear things differently as we age through life. And God, who made us, knows that very well.

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