In this week’s parsha the Torah discusses the laws of mishpatim. In general, the mitzvos of the Torah are divided in three categories. First there are chukim, decrees. Had the Torah not been given we would not have known about them because they are not derived from intellect or anything else that relates to our world. Even after they were given we still do not comprehend them. The second are eidus, which we also would not have known, but now that we have them we understand them. And then there are mishpatim which are based on intellect and any human being would have understood that they are necessary for civilized living even without the giving of the Torah.
The mitzvos should have appeared in the Torah following Matan Torah in parshas Yisro in the above mentioned order, staring with chukim, then eidus, then mishpatim. Even though mishpatim are kept because they were given on Sinai, still it would fit to first mention those that are purely based on emunah, above intellect, and then progress to those that have additional aspects of understanding.
The Rebbe also asks why the parsha named Mishpatim, whose theme is the category of mitzvos that are understood, contain the law of basar v’cholov- not mixing meat and milk which is in the category of chukim.
To answer these questions we need to first understand the difference between before and after Matan Torah. The Rebbe explains that Matan Torah enabled the lower dimension to become be elevated to the higher, and the higher dimension to be drawn down to the lower. Why wasn’t it enough just to bring the higher dimension down? Because the intention wasn’t just to have the lower be subsumed within the higher, but it is necessary to elevate the lower from within its own definitions and serve as a vessel for the higher.
This process began with Matan Torah when Hashem came down onto Har Sinai. But at that point the world was overwhelmed. Only afterwards did the avodah of the lower begin, to connect from within the confines of its existence with the higher. In that sense Parshas Yisro is about the Elyon-the higher descending and parshas Mishpatim was the beginning of the process of refining the lower world.
This dynamic is reflected within the individual in emunah and sechel- faith and intellect. Emunah is inherited. Sechel is the fruit of our own labors, the toil of our understanding. The order is to begin with emuna, it’s not entirely ours, it’s something that remains beyond the reach of the intellect. As the Shelah HaKodesh explains the pasuk; Elokei Avi- He is the G-d of my Father (inherited), v’erommenu- therefore I will exalt him (because He transcends me). This explanation stands in contrast with the beginning of the verse; “Zeh Keli- He is my G-d”; therefore, “anvehu; ani vhu- He and I are one”. In order to stay the course first the emunah must be in place. Then, all that follows is based upon that emunah, and it makes all that follows a true service.
This is the connection of the parshios of Yisro and Mishpatim. Yisro is about Hashem descending and emunah in Hashem echod. But this pure and powerful revelation caused the entire creation to shake and become still. The bird did not sing and the ox did not gore. Afterward in parshas Mishpatim we began to absorb and integrate through our sechel and our being. When we understand we become one entity; ani vHu. The central intention is to bring down the Torah into our understanding, mishpatim, not to only receive through emunah. As it states “mah elu mSinai af elu mSinai- just as these (the ten commandments were from Sinai) so too these (mishpatim).
This continues until the point that even the chukim become a clear and strong part of the person that the chukim strengthen him in all that he does. The Rebbe explains that this is why the words; Elokei Avi- He is the G-d of my Father (inherited), erommenu- therefore I will exalt him (because He transcends me); follow “Zeh Keli- He is my G-d”; therefore, “anvehu; ani vhu- He and I are one”. Even after the sechel understands Hashem, one needs to return to the emunah, that the emunah should live with the sechel. So too there is an aspect of chukim which follow mishpatim, because through the service of mishpatim they become completely part of the person.
The Rebbe also explains that the first revelation of Chassidus began with the Baal Shem Tov and the Maggid which was revealed on the level of emunah, and then progressed in the generation of the Alter Rebbe into the realm of sechel, which is similar to the order of Yisro and Mishpatim.
(Based on Likutei Sichos v. 16)