All the commandments of the holy Torah are equally Divine. Laws
concerning justice and humanity, and laws concerning Sabbath and
Holydays, are equally introduced by the declaration, “And the Lord
spake unto Moses, saying.” The commandments, “Thou shalt love thy
neighbour as thyself,” and “A garment of diverse kinds, of linen and
wool, shall not come upon thee,” stand side by side in the same
paragraph. The equality of all the precepts as the expression of the
Will of the Almighty is clearly set forth in the Law, in the frequent
exhortations that the Israelites should obey all the precepts, whatever
their nature may be, whether they be of the class of “statutes” or of
“judgments,” or of any other class of Divine commands. (Comp. Exod. xv.
25, 26; Lev. xxvi. 15, 43; Num. xv. 39, 40; Deut. iv. 1, 5, 8, &c.)
As to the various terms employed in the Pentateuch to designate the
Divine precepts: words (דברים), commandments (מצוות), statutes
(חקים), judgments (משפטים), and laws (תורות), they may be
considered as synonyms signifying similar things. But even synonyms are
as a rule distinguished from each other by a certain variation in their
meaning, especially when the terms occur in one and the same sentence.
A definition of these terms is not given in the Pentateuch or in the
Bible; from the context, however, in which they occur the following
distinction may be drawn:—
חק or חקה, “statute,” is applied to those laws which are absolute
and do not depend on certain conditions, whilst mishpat, “judgment,” is
a law the performance of which varies according to circumstances. Thus
the Paschal sacrifice is called chukkah, and must absolutely be
performed, whilst the civil laws concerning slaves, damages, &c., are
mishpatim, because cases of slavery or damages need not occur, and the
respective precepts are then not carried into effect. In a similar
manner Jewish theologians divide the Divine precepts into מצות שמעיות
and מצות שכליות precepts which our duty of obedience to God makes us
perform, and precepts which, without distinct Divine command, our own
reason would impel us to do.—The other terms, mitsvah, “commandment,”
and mishmereth, “charge,” are used in a general sense, the former in
reference to the Giver of the law, and the latter in reference to those
to whom it is addressed.
The division of the precepts into שמעיות and שכליות is a vague one,
and the line of demarcation will be moved farther to the one side or
the other, according to the judgment exercised by the interpreter. Of
greater importance is the division into positive and negative precepts,
commandments, and prohibitions, מצות עשה and מצות לא תעשה. The
prohibitions are of two kinds: such as admit of amends being made for
their transgression and such as do not admit: שיש בה קום עשה and
שאין בה קום עשה.
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