Catholic Commentary
Introduction to the Covenant Code
1“Now these are the ordinances which you shall set before them:
Exodus 21:1 introduces the Covenant Code by linking it directly to the Ten Commandments and the divine encounter at Sinai through the opening conjunction "and these." Moses is commanded to present these ordinances (mishpatim)—laws concerning justice in concrete matters like property and injury—before the Israelites as instruction to be internalized, not merely imposed.
God doesn't impose law from above—He sets it before Israel like a prepared table, inviting free people to feast on justice.
The placement of this introduction immediately after the Decalogue also illustrates the Catholic principle that moral law is not exhausted by general principles but must be applied to concrete, particular cases. The mishpatim are the Decalogue made specific — the love of neighbor translated into case law about oxen, slaves, and property boundaries. Catholic social teaching has always insisted on precisely this move: from principles (dignity of the human person, solidarity, subsidiarity) to concrete social structures and policies.
Catholic tradition holds that the Mosaic Law, though "imperfect and provisional" (CCC 1963), is nonetheless holy and oriented toward Christ, its final goal (Romans 10:4). The Catechism distinguishes within the Old Law between the moral precepts (which remain permanently binding as expressions of natural law), the ceremonial precepts (fulfilled and superseded in Christ's liturgy), and the judicial or social precepts — the mishpatim — which, while not directly binding on Christian civil society, embody enduring principles of justice that illuminate Catholic social teaching (CCC 1952, 1961).
St. Thomas Aquinas in the Summa Theologiae (I-II, Q. 95–105) gave the Covenant Code a detailed analysis, arguing that the judicial precepts of the Old Law were directed toward the common good and the governance of a particular people, and that their underlying rational principles — equity, proportionality, protection of the vulnerable — perdure even when their specific enactments do not. This is why Leo XIII's Rerum Novarum and subsequent social encyclicals can draw on Mosaic economic legislation as a resource without treating it as positive law.
The Church Fathers saw Moses as a type of Christ the Lawgiver. St. Irenaeus wrote that the Word of God, who gave the law through Moses, is the same Word who gave the new commandment through the Incarnation (Adversus Haereses IV.9). St. Augustine insisted that the mishpatim served to educate a "stiff-necked people" toward justice — a pedagogy of grace operating through law (City of God XV.6). The very act of God setting law "before" rather than merely "upon" Israel reveals the divine pedagogy: God addresses free rational beings, not slaves.
For a contemporary Catholic, Exodus 21:1 is a quiet but radical challenge to the perennial temptation to privatize faith — to separate Sunday worship from Monday's business dealings, labor practices, and civic responsibilities. The Covenant Code that this verse introduces is emphatically public and social: it regulates wages, debt, the treatment of workers, and justice for the poor. The same God who spoke the Decalogue from Sinai immediately turns to the texture of economic life.
Catholics today are called to the same integration. The mishpatim remind us that our participation in unjust social structures — in businesses that exploit workers, in political indifference to poverty, in consumer choices that ignore human dignity — is not a private matter but a violation of the Covenant. Parish communities can use this passage to examine their own institutional practices: Are vendors and staff paid just wages? Are the vulnerable "set before" the community's eyes? The image of Moses setting the law before Israel like a prepared table also challenges catechists and homilists: divine teaching must be offered as nourishment, intelligibly and attractively presented, not merely recited as a list of prohibitions.
Commentary
Exodus 21:1 — "Now these are the ordinances which you shall set before them"
The opening word in Hebrew — we'elleh ("and these" / "now these") — is not incidental. The conjunction waw deliberately links this verse to the preceding theophany at Sinai and, most immediately, to the Decalogue of Exodus 20. The laws that follow are not a separate, lesser legal document; they flow organically from the same divine encounter that produced the Ten Commandments. The rabbinical tradition, preserved in the Mekilta de-Rabbi Ishmael, noted this linkage precisely: "Just as the Ten Commandments were given from Sinai, so were these given from Sinai." Catholic exegesis affirms this structural unity — Mosaic law cannot be divided into a "divine" portion (the Decalogue) and a merely human or culturally conditioned portion (the ordinances) without distorting the canonical witness.
The Hebrew word translated "ordinances" is mishpatim (מִשְׁפָּטִים), a key legal term in the Hebrew Bible meaning "judgments," "decisions," or "rulings" — often specifically judicial verdicts. Unlike huqqim (statutes, often with a more cultic or religious character) or mitzvot (commandments), mishpatim connote laws whose rational basis and justice can be discerned: they govern property, slavery, bodily injury, and social responsibility. The choice of mishpatim signals that what follows is principally a code of social justice, not merely ritual prescription.
The command that Moses shall "set before them" (tasim lifnehem) is strikingly pedagogical. God does not say "impose upon them" or "enforce against them." The image evoked by lifnehem — literally "before their faces" — suggests a teacher spreading out a scroll for students to examine, ponder, and internalize. The great medieval commentator Rashi seized on this: "Set before them like a table set and prepared to eat from." The law is food; Israel is not merely to obey it but to be nourished by it. The Fathers of the Church would see in this image a foreshadowing of the Word made flesh, set before humanity not as an external constraint but as wisdom to be eaten — a theme developed in John 6.
Typological and Spiritual Senses
In the fourfold sense of Scripture championed by Origen, Augustine, and Thomas Aquinas, this verse carries profound spiritual resonances beyond its literal meaning. Allegorically, Moses setting the law "before" Israel prefigures Christ the new Moses who, in the Sermon on the Mount (Matthew 5–7), does not abolish the law but fulfills it, setting it before a new Israel with an authority greater than Moses' own ("But I say to you…"). Tropologically (morally), the verse calls every Christian teacher — catechist, priest, parent — to present divine teaching not as coercion but as an invitation laid before free persons. Anagogically, the orderly communal life envisioned in the Covenant Code is a type of the heavenly Jerusalem, where divine justice and love will be perfectly embodied.