EXOD507 Privacy is at the heart of mutual trust and friendship, tolerance and creativity. If you reveal things I tell you in confidence, I will think twice before trusting you as a business partner, a colleague, or a friend. Along the same lines, privacy is a prerequisite for a free and tolerant society, for each person has secrets that "concern weaknesses that we dare not reveal to a competitive world, dreams that others may ridicule, past deeds that bear no relevance to present conduct, or desires that a judgmental and hypocritical public may condemn" [citations omitted]. These moral concerns justify the protection of privacy in any society, but a religious tradition like Judaism adds yet other rationales for safeguarding an individual's privacy. First, since human beings, according to the Torah, are created in God's image, honoring them is a way to honor God and, conversely, degrading them is tantamount to dishonoring God. [Mekhilta Yitro on this verse; Sifra Kedoshim on Leviticus 19:18 (also in J. Nedarim 9:4 and Genesis Rabbah 24:7); and Deuteronomy Rabbah 4:4.]. One way we respect others is to safeguard their confidences. On the other hand, revealing people's secrets shows disrespect for them--and often downright shames them. But the Jewish tradition teaches us that when we reveal a person's secrets we not only defame that person but also we dishonor the image of God within that person and thus God Himself.

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EXOD508 We must treat our fellow man with even more respect than we would treat the altar in the Bais Hamikdosh. The approach to the altar was not to be made of steps; rather it should be a gradual incline. Rashi cites the Mechilta: "If there would have been steps, the priests would have widened their paces; and although it is not an actual uncovering of nakedness, for the priests wore breeches (Shmos 28:42), nevertheless the widening of one's paces in ascending and descending steps is akin to uncovering nakedness and this would be considered acting toward the altar in a disrespectful manner. From here we have a kal vechomer: "The stones of the altar have no understanding or sensitivity to shame, nevertheless the Torah says that since they fulfill a need you must not act toward them in a disrespectful manner. How much more so should you not act disrespectfully towards your fellow man who is an image of your Creator and is sensitive to his shame." This statement speaks volumes on the Torah attitude toward man. We must treat our fellow man with more respect than we would the altar in the Bais Hamikdosh. Anyone visiting the Kosel Hamaravi (Western Wall), which has less sanctity than the altar, will have a glimpse of this level of respect. If someone were to sling mud at the Kosel, everyone present would run to stop him. How much greater is our obligation to prevent someone from slinging verbal mud at another person!

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EXOD509 Moses received the Torah at Sinai and handed it down to Joshua; Joshua to the elders; the elders to the prophets; and the prophets handed it down to the Men of the Great Assembly. They [the Men of the Great Assembly] said three things: Be deliberate [patient, careful] in judgment; raise up many students; and make a fence for the Torah... Pirkei Avot, Perek I mIshnah 1. The Men of the Great Assembly said three things, the first of which is, "Be deliberate in judgment." A judicial decision, particularly one involving religious law, must not be given thoughtlessly or in haste. Ill-considered judgments usually generate reversals by the same court and conflicting opinions by others. These in turn lead to a loss of respect for the courts and a downgrading of their authority. If you wish to render a judgment that will be just and final--be deliberate. We read in the Torah, "And you shall not ascend My altar by steps, so that your shame may not be revealed" [this verse]. This is followed by, "And these are the ordinances which you shall set before them." (Exodus 21:1) The meaning might be: Do not ascend the altar of the Almighty by taking precipitous steps, by a hasty skip or jump; the ordinances and judgments must be placed before the people slowly and deliberately. Far too many of us, in formulating opinions, jump to conclusions, overlook important considerations, and later regret in leisure what we decided in haste. Proceed slowly in matters pertaining to Jewish law, lest your "shame" be revealed: lest your judgment be held up to ridicule. Another reason for deliberation and judgment is that with a little time and effort, a settlement or compromise can be usually reached to which both litigants can agree. A judge can often settle a matter to the satisfaction of all concerned out of court, and his private chambers. A decision reached in haste would preclude such a possibility. In fact, says the Ba'al haTurim [Rabbi Jacob ben Asher (1269-1343), author of a commentary on Pentateuch; so called because he wrote a four-volume work on Jewish law entitled arba'ah turim ("the four rows")], the word hamishpatim, "the ordinances," is composed of the initial letters of the Hebrew for: "The judge is duty-bound to make an equitable compromise before he reaches an ultimate decision."

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EXOD510 Do not go up by steps onto the Altar. To ensure that one will not take large strides to reach the top of the Altar, stairs must not be the means for ascent. Rather, there is [a] ramp, so that one ascends with small steps, gradually and with awe. Key concept: To impress upon our hearts the holiness of the Altar--a place where no type of frivolity or other commonplace behavior can be tolerated. Although the Altar’s stones are inanimate and cannot feel or sense anything, including embarrassment, we are commanded to act with dignity when we tread upon them, for the Torah wants our hearts to appreciate the Altar’s sanctity and importance, and our actions influence our hearts.

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EXOD511 [On this verse]. Rabbi Shimon said: Why did judgments [mishpatim] proceed all the other mitzvot of the Torah? Because when judgments are pending between man and his fellow man, there is rivalry between them. When the judgment is decided, peace is made between them.

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EXOD512 Bar Kappara expounded: Whence is it derived the sages' dictum: "Be patient in judgment"? From (20:23):"And you shall not go up with steps," followed by: "And these are the judgments" (Sanhedrin 7b)

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EXOD513 See [[EXOD509]] Exodus 20:23 shame SINAI1 29-30

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EXOD514 It was taught: Whence is it derived that a teacher must arrange his teaching for his students as a set table? From (Deuteronomy 4:35): "You have been shown to know," and: "And these are the judgments which you shall place before them" (Mechilta)

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EXOD515 It was taught: Whence is it derived that a teacher must give reasons for his statements to his students [And not just utter them as fiat]? From: "And these are the judgments which you shall place before them" [set them on a table, as it were, for ease of observation] (Eruvin 54b)

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EXOD516 Mishpat comes from the root meaning shofet, “judge,” and thus mishpat originally meant the decision of a judge, or a precedent. It has that meaning, for example, in the very first verse of Exodus 21, the opening of the weekly portion called Mishpatim, for as biblical scholars have pointed out, the norms contained in that section of the Bible probably originated as judicial precedents. From this origin, the word mishpat expanded to mean law generally, especially in the plural form, and so the new American translation of the Bible published by the Jewish Publication Society translates mishpatim as “rules.” For example, “See, I [Moses] have imparted to you laws (hukkim) and rules (mishpatim), as the Lord my God has commanded me...” (Deuteronomy 4:5). (The term is also used this away and translated as “rules” in Deuteronomy 4:8 and 14; Ezekiel 20:25; Malachi 3:22). Finally, already in the Bible the word mishpat expands yet further to mean justice. For example, “The Rock!--His deeds are perfect, Yea, all His ways are just (mishpat) (Deuteronomy 32:4).

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