Parshat Mishpatim delves into the rules set forth after the Ten Commandments, establishing a just world run through the divine providence of Hashem. While there were many commandments that the Torah could have begun this Parsha with, the focus on the acquisition and treatment of a Jewish slave provides us a profound lesson in the treatment of individuals whose life circumstances have led them astray. In considering the psychological concept of rehabilitation for people, the Torah provides guidelines that reflect a more humane and compassionate approach to their circumstances.
Psychological rehabilitation refers to the process of restoring and enhancing an individual's mental and emotional well-being after they have experienced distress, trauma, or challenges due to life circumstances. This type of rehabilitation aims to help individuals regain a sense of normalcy, functionality, and quality of life. Modern restorative justice systems echo this principle by prioritizing rehabilitation over punitive measures, focusing on personal growth and reintegration rather than retribution. Countries like Norway, for example, have adopted prison models that emphasize education, skill development, and mental health support, resulting in significantly lower recidivism rates.
Many commentators ask why the civil laws begin with an explanation of how to address slaves. The Rambam (Devarim 15:15) states that this is a reminder of Bnei Yisrael’s recent freedom from slavery. The Haamek Davar expands that Hashem released us from servitude [to be His servants], making it obvious to the Jews that they couldn't own one another in the typical master-servant relationship.
Rav Samson Raphael Hirsch provides us a profound answer to this question. The parsha starts with an explanation of someone who became a slave due to his criminality, to show us the principles of humanity and justice in the rehabilitation of this person. By beginning the set of civil laws with a merciful course of action to address mistakes, we are reminded of the appropriate way to treat all people in our actions. This is strikingly similar to modern psychological rehabilitation models, such as cognitive-behavioral therapy (CBT), which focus on restructuring thoughts and behaviors rather than simply punishing past actions. Studies have shown that individuals who undergo rehabilitation programs are more likely to develop resilience, self-efficacy, and the capacity for moral reasoning, all of which contribute to long-term positive change.
Furthermore, by establishing a system that allows slaves to regain their freedom, the Torah recognizes the importance of giving individuals a second chance and fostering their reintegration into society. This resonates with the psychological understanding that rehabilitation involves not just punishment but providing opportunities for personal growth and positive change. The Torah’s approach can be seen as an early model of restorative justice, in which the goal is not merely to penalize wrongdoing but to restore individuals to a dignified place within the community.
Here are three tips for psychological rehabilitation:
- Embrace Compassion in Justice: The Torah emphasizes the importance of rehabilitation over retribution. When dealing with individuals who have made mistakes, whether through legal systems or personal interactions, focus on restoring dignity and offering second chances. This mirrors the psychological principle of not defining a person by their mistakes but by their potential for growth.
- Foster Personal Growth and Reintegration: Just as the Torah provides a structured path for a Jewish slave to regain freedom and reintegrate into society, modern systems of rehabilitation should prioritize opportunities for skill development, mental health support, and personal growth. Reintegration into society should be about providing the tools for long-term success, not simply serving a sentence.
- Focus on Restoration Rather Than Punishment: The Jewish approach to rehabilitation in Parshat Mishpatim offers a model for how modern justice systems can adopt restorative practices, focusing on rehabilitation over punishment. By prioritizing the restoration of individuals' well-being, self-worth, and moral reasoning, societies can reduce recidivism and foster a culture of redemption and growth.
Hashem chose us as His nation despite our flaws and has provided us consistent opportunities to rehabilitate ourselves. The power of rehabilitation lies in its ability to transform a setback into a comeback, a stumble into a stride, and despair into determination. By starting the Parsha with this commandment, we are reminded of our own struggles and challenges, providing us an opportunity to judge others justly and gracefully when they stumble.
May we take the lessons of this Parsha to heart and be reminded that in the realm of rehabilitation, every step forward is a triumph over adversity, and every success is a testament to the resilience of the human spirit. As we continue to build a society rooted in justice and compassion, let us advocate for systems that honor the Torah’s vision—one where mistakes do not define a person, and every individual is given the opportunity to rebuild, restore, and ultimately, redeem themselves.
Elan Javanfard, M.A., L.M.F.T. is a Consulting Psychotherapist focused on behavioral health redesign, a Professor of Psychology at Pepperdine University, & a lecturer related to Mindfulness, Evidence Based Practices, and Suicide Prevention. Elan is the author of Psycho-Spiritual Insights: Exploring Parasha & Psychology, weekly blog. He lives in Los Angeles Pico Robertson community with his wife and three children and can be reached at Elan.Javanfard@gmail.com.