At the conclusion of Parashas Mishpatim, we find that a covenant was established between Hashem and the Children of Israel. This covenant was accompanied by the “Book of the Covenant,” a book of specific Torah content. According to Rashi, who understands the covenant was struck before the giving of the Torah, the Book of the Covenant is simply the book of the Torah, from Bereishis until the Commandments of Sinai. In contrast, according to the Ramban the book comprises the Ten Commandments and the civil laws—the Mishpatim.
I will clarify that the essence of the Book of the Covenant, which primarily concerns commandments “between man and God,” serves to establish a society founded on righteousness and justice, as articulated in the Mishpatim themselves
In this article, I wish to propose an additional interpretation of the Book of the Covenant based on a straightforward reading of the Pesukim and to expound on the relevance of this content to our own times. Subsequently, I will clarify that the essence of the Book of the Covenant, which primarily concerns commandments “between man and God,” serves to establish a society founded on righteousness and justice, as articulated in the Mishpatim themselves.
Finally, I will briefly reflect on our present situation in the Land of Israel.
What is the “Book of the Covenant”?
To understand the nature and content of the Book of the Covenant, we must first examine the sequence of verses from Parashas Yisro to the conclusion of Parashas Mishpatim.
Immediately following the Giving of the Torah at Mount Sinai, the Children of Israel implored Moshe to serve as an intermediary between them and Hashem: “You speak with us, and we will hear; but let not God speak with us, lest we die.” (Exodus 20:19)
And so it was:
“So the people stood afar off, but Moshe drew near the thick darkness where God was. Then Hashem said to Moshe, ‘Thus you shall say to the Children of Israel: You have seen that I have talked with you from heaven… And these are the judgments which you shall set before them: If you buy a Hebrew servant…’” (Shemos 20:21–21:2).
From this point, the Torah presents an extended discourse lasting until near the end of Parashas Mishpatim (Shemos 20:18–23:33). Most of this discourse concerns laws governing interpersonal relations, but toward the end, several mitzvos not of a judicial nature are introduced, such as the Shabbos, the Shemittah year, the three pilgrimage festivals (regalim), the offering of first fruits (bikkurim), and the prohibition against cooking a young goat in its mother’s milk.
Following this comes the passage: “Behold, I send an angel before you… to bring you into the place which I have prepared” (Shemos 23:20). Herein, Hashem promises to bring the Israelites into the Land, to aid them in driving out its inhabitants, and to bless them. This promise is contingent upon a reciprocal obligation: they must not tolerate any vestige of idol worship, nor forge covenants with the land’s inhabitants, nor allow them to dwell among them, lest they lead Israel astray (Shemos 23:33).
At the end of Parashas Mishpatim, Moshe conveys Hashem’s words to the people: “And Moshe came and told the people all the words of Hashem, and all the judgments. And all the people answered with one voice and said, ‘All the words that Hashem has said we will do’” (Shemos 24:3).
Here, a distinction is made between “the words (or “matters”) of Hashem” on the one hand and “the mishpatim” on the other. Indeed, the structure of Parashas Mishpatim reflects this division: first, the civil laws between individuals (up to Shemos 23:10), and subsequently, “the words of Hashem,” which include additional mitzvos.
The following verses describe the covenant ceremony:
“And Moshe wrote all the words of Hashem, and he rose early in the morning and built an altar at the foot of the mountain… And he sent young men of the Children of Israel, who offered burnt offerings and sacrificed peace offerings… And Moshe took half the blood and put it in basins, and half the blood he sprinkled on the altar. Then he took the Book of the Covenant and read in the hearing of the people. And they said, ‘All that Hashem has said we will do and be obedient.’ And Moshe took the blood, sprinkled it on the people, and said, ‘Behold, the blood of the covenant which Hashem has made with you according to all these words.’” (Shemos 24:4–8).
It appears that the Book of the Covenant consisted solely of “the words of Hashem”—the instructions that follow the civil laws, and not the Mishpatim themselves
As noted at the outset, early commentators disagree concerning the content of the Sefer HaBris, the Book of the Covenant. However, based on the textual presentation above, it appears that the Book of the Covenant consisted solely of “the words of Hashem”—the instructions that follow the civil laws, and not the Mishpatim themselves. In other words, the covenant was sealed specifically on these matters: Shabbos, the Shemittah year, the three Regalim, the first fruits, the prohibition against mixing meat and milk, and the conquest and sanctification of the land by eliminating idol worship.
The covenant was enacted in the manner customary in biblical times: dividing an entity into two halves and passing between them, as seen in the Bris Bein Ha-Besarim (Bereishis 15:17) and in Yirmiyahu’s account of the covenant concerning the release of Hebrew servants in their seventh year (Yirmiyahu 34:18). Similarly, Moshe divided the blood into two halves, sprinkling half upon the altar, then reading the Book of the Covenant between the two halves, and finally sprinkling the remaining blood upon the people, thus sealing the covenant upon these matters.
The Golden Calf and the Second Covenant
Why were these specific mitzvos—Shabbos, pilgrimage festivals, the first fruits—linked to this covenant? The simple explanation is that these laws define a Jewish-national character in the public sphere, visibly establishing the land as a place dedicated to the service of Hashem alone and the realization of Godly values. It is a place where Shabbos and Shemittah are observed, where the people gather in unity three times a year, and where the first fruits are brought to the Temple with joy and gratitude.
These laws define a Jewish-national character in the public sphere, visibly establishing the land as a place dedicated to the service of Hashem alone and the realization of Godly values
Indeed, these commandments reappear in Parashas Ki Tisa, following the sin of the Golden Calf, when Hashem reveals Himself to Moshe and teaches him His attributes of mercy:
“Observe what I command you this day. Behold, I am driving out from before you the Amorite, the Canaanite… You shall not bow down to their gods… You shall destroy their altars… The first of the first fruits of your land you shall bring to the house of Hashem your God… Then Hashem said to Moshe, ‘Write these words, for according to these words I have made a covenant with you and with Israel.’” (Shemos 34:11–27).
Thus, Hashem reiterates these very same instructions and commands Moshe to inscribe them, for it is upon them that He has established His covenant with Israel. This constitutes the second Book of the Covenant.[1]
The Covenant and the Commandment
When the Israelites entered the Land, despite being commanded to complete the conquest and eradicate idolatry, they did not fully comply. Instead, they left areas unconquered and established boundaries with the Amorites, as described at the beginning of the Book of Judges. There we find the following response:
“Then the Angel of Hashem came up… and said: ‘I brought you up from Egypt and brought you to the land of which I swore to your fathers; and I said, I will never break My covenant with you. And you shall make no covenant with the inhabitants of this land; you shall tear down their altars. But you have not obeyed My voice. Why have you done this? Therefore, I also said, I will not drive them out before you; but they shall be thorns in your side, and their gods shall be a snare to you.’” (Shoftim 2:1–3).
One may ask: If Hashem had sworn to give us the entire land, how could He suddenly declare, “I will not drive them out before you”? The answer lies in His words: “I said, I will never break My covenant with you—provided that you make no covenant with them and destroy their altars.” Since the Israelites violated their part of the covenant, Hashem was no longer bound to His. If we seek the origin of this covenant, we find it in the Book of the Covenant of Mishpatim and again in Ki Tisa. This covenant was broken in the second generation after entering the Land.
Still, a question remains: Even if this covenant was broken, Hashem had surely made two previous covenants with Avraham Avinu, promising the entire Land to his descendants. How could He disregard those covenants?
The answer seems to be that Hashem did not revoke His covenant with Avraham, but only postponed its fulfillment to a later time when Israel would return to His ways. So we find in Devarim:
“And if Hashem your God enlarges your border as He has sworn to your fathers, and gives you the land which He promised to give to your fathers—because you keep all this commandment to do it, which I command you today, to love Hashem your God and to walk always in His ways.” (Devarim 19:8–9).
As Israel adhered to His commandments, establishing His sovereignty and eradicating all foreign worship, He would gradually grant them more of the land
Thus, even the borders delineated in Parashas Masei (Bamidbar 34:1–13), which include modern Lebanon, do not represent the full extent of the land promised in the covenant made with Avraham Avinu, but rather only the land pledged in the Covenant of Circumcision: “The land of Canaan” (Bereishis 17). Hashem did not commit to granting the entire land immediately upon their entry. Instead, as Israel adhered to His commandments, establishing His sovereignty and eradicating all foreign worship, He would gradually grant them more of the land.
This promise remains eternal: The more we follow Hashem’s ways—practicing kindness, justice, and righteousness—and establish these principles in the portion of the land already given to us, the more He will expand our inheritance until we receive the entire land.
It is noteworthy that in the Book of Devarim, the “words of Hashem” in the Book of the Covenant are simply referred to as “the mitzvah.” In another essay discussing Devarim, I explained that Moshe divides all commandments into three categories: “the mitzvah,” “the chukim,” and “the mishpatim” (see Devarim 5:27; 6:1; etc.). The section called “the mitzvah” (from chapter 6 to the end of chapter 11, from “Hear, O Israel” to “And it shall be, if you diligently obey”) is dedicated to transforming the Land of Canaan into Hashem’s land—a land where He alone is worshipped and where His core values are realized. This overarching obligation, referred to in the singular as “the mitzvah,” encompasses all elements previously recorded in the two Books of the Covenant.
Thus, “the mitzvah” serves as a reinforcement and elaboration of the covenant established at Sinai.
Between Man and Fellow, Between Man and God
Throughout the Torah, we find two overarching themes that Hashem requires of us. The first is to serve Hashem in various ways—with reverence and love, through sacrifices and prayer. The second is to practice kindness, justice, and righteousness. The Sages referred to these two aspects as “between man and God” and “between man and fellow.”
The Tanach repeatedly emphasizes that Hashem’s primary desire is the aspect known as “between man and fellow”—to uphold justice and righteousness. As it is written: “To do righteousness and justice is more acceptable to Hashem than sacrifice” (Mishlei 21:3). Likewise, the Pasuk tells us that we should take pride in knowledge of Hashem, “For I am Hashem, exercising lovingkindness, judgment, and righteousness in the earth. For in these I delight, says Hashem” (Yirmiyahu 9:23)
How significant is this idea? When Hashem summarized the messages delivered by His prophets in the First Temple era through the prophet Zechariah, He told the people: “Execute true justice, show mercy and compassion to one another. Do not oppress the widow or the fatherless, the stranger or the poor. Let none of you plan evil in his heart against his brother” (Zechariah 7:9–10). He added that because they failed to heed these words, destruction and exile came upon them.
Similarly, when Moshe summarizes the Torah in Deuteronomy, he declares: “And what great nation is there that has such righteous statutes and judgments as are in all this Torah?” (Devarim 4:8). One of the core elements of the Torah is thus its “judgments,” which, as the Vilna Gaon explains, refer to the resolution of disputes between individuals.
If justice between people is so central, why do we find laws governing interpersonal conduct mainly in Parashas Mishpatim and Ki Teitzei […] while most of Vayikra concerns sacrifices and laws of purity and impurity?
This raises a question: If justice between people is so central, why do we find laws governing interpersonal conduct mainly in Parashas Mishpatim and Ki Teitzei, with some additional instructions in Parashas Kedoshim and at the end of Emor, while most of Vayikra concerns sacrifices and laws of purity and impurity? If justice is Hashem’s primary concern, why do most Torah commandments deal with offerings and purity?
The answer appears to be that Hashem does not need our worship per se, as implied by the verses: “If you are righteous, what do you give Him?” (Iyov 35:7). Likewise, it says, “If I were hungry, I would not tell you; for the world is Mine, and all its fullness” (Tehillim 50:12). However, when people began worshipping other gods, they associated them with cruelty and evil, leading humanity toward corruption and wanton destruction, both moral and physical. This is why the Torah so strongly opposes idolatry.
Avraham understood that the Creator of the world desires righteousness and justice, and he sought to establish a people dedicated to serving Hashem, the God of righteousness and justice, and walking in His ways, as it is written: “For I have known him, that he may command his children and his household after him, that they keep the way of Hashem, to do righteousness and justice” (Bereishis 18:19).
Thus, Hashem made a covenant with him to give his descendants the Land of Canaan so they could transform it into Hashem’s land, where only He is worshipped and His ways of righteousness and justice are upheld. The Books of the Covenant and the section of “the mitzvah” in Devarim represent the essence of Avraham’s vision and the means of its fulfillment. They contain clear and repeated warnings that if we fail to uphold them, we will suffer greatly from the nations remaining in the land and ultimately be exiled, for the land was given to us to fulfill this vision and will remain ours only if we do so.
Even though Parashas Mishpatim was not inscribed in the Book of the Covenant, it remains fundamental, as the covenant itself serves to establish the framework necessary for the fulfillment of these laws, which represent the righteousness and justice of Hashem
These covenants form the framework through which Avraham’s vision of establishing a people devoted to Hashem and upholding righteousness and justice is realized. Even though Parashas Mishpatim was not inscribed in the Book of the Covenant, it remains fundamental, as the covenant itself serves to establish the framework necessary for the fulfillment of these laws, which represent the righteousness and justice of Hashem.
Following the curses in Devarim, it is thus stated:
“Therefore keep the words of this covenant… You stand today, all of you, before Hashem… that you may enter into covenant with Hashem your God… lest there be among you a man or woman or family or tribe whose heart turns away today from Hashem… And Hashem will separate him for adversity… according to all the curses of the covenant that are written in this Book of the Torah” (Devarim 29:8–20).
This indicates that Hashem makes a covenant regarding these curses, stating that they will apply to individuals, families, or communities that turn to idol worship. Thus, the covenant of Moav (in Devarim) is also centered on the prohibition against idolatry, with the ultimate goal of ensuring righteousness and justice.
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From all the above, it follows that our greatest obligation today is to thoroughly examine and clarify what must be done in the Land of Israel to transform it into Hashem’s land according to the Torah’s vision. While these matters are complex, especially given the diverse people who reside among us, this subject requires deep study—a study that goes beyond the scope of this discussion. For now, I will conclude with the insight that under this covenant, we are obligated to eliminate all forms of idolatry that corrupt our path, as well as any phenomenon contrary to the Torah’s fundamental values of righteousness and justice—values that remain our ultimate aspiration.
May we fulfill the Book of the Covenant and merit Hashem’s goodness, reaching the final destiny, “For the earth shall be full of the knowledge of Hashem as the waters cover the sea” (Yeshayahu 11:9).
[1] However, in Ki Tisa, the section concerning the conquest of the land and the eradication of idol worship comes before the commandments of Shabbos and the three pilgrimage festivals, unlike in Parashat Mishpatim. It seems this was because the covenant was broken with the sin of the Golden Calf. Just as new tablets had to be written to replace the ones that were shattered, so too, a new Book of the Covenant had to be written in place of the one that was violated. Therefore, the verse adds: “You shall not make molded gods for yourselves” (Shemos 34:17). In the Ten Commandments, it was originally stated: “You shall not make for yourself a carved image or any likeness” (Shemos 20:4), but since they had made a golden calf, which was neither a carved image nor a likeness, the prohibition was explicitly expanded to include this form of idolatry. Additionally, the verse introduced the redemption of the firstborn, and the Sages explained that due to the sin of the Golden Calf, it was decreed that the Temple service would no longer be performed by the firstborn but rather by a designated tribe.
