The Mechilta calls this week’s Torah portion of Mishpatim, Maseches Nezikin, the Tractate on damages. It begins, “And these are the ordinances that you shall place before them” (Shemos21:1). This is the foundation for the laws of damages, mainly discussed in Maseches Bava Kamma, which are in turn the basis for our practical laws and ordinances regarding damages and people getting along with each other.
The Mechilta, in the name of Rebbe Akiva, discusses why this portion begins with the connecting word “and;” “And these are the ordinances etc.” “Because it says, ‘Speak to the Children of Israel and you should say to them’ (Vayikra 1:2), I would only know it should be taught once. How do you know it should be taught again, or even a third or even a fourth time, until they learn it? Therefore, it says, ‘And teach it to the Children of Israel’ (Devarim 31:19). I might think you only have to teach it [once] but don’t have to repeat it, therefore the pasuk there continues, ‘place it in their mouth’. I might think you have to teach it a second time (as the Zayis Raanan explains) but don’t have to make it known (the Zayis Raanan explains which means that you don’t have to teach it to the point it’s understood well), therefore it says ‘And these are the ordinances etc.’ Set them up in front of them like a set table (shulchan aruch) as it says, ‘You have been shown in order to know [that Hashem, He is the G-D! There is none beside Him!’ (Devarim 4:35).”
The Netziv explains that the connection of “and” these are the ordinances is to tell us that the portion of Mishpatim is different than the other Torah portions. For it should be placed before them like a set table (shulchan aruch), through digging deep into the depths (iyun) and analyzing each case in comparison with each of the others. It should be as stressed and clear as the first of the Ten Commandments, knowing and believing in Hashem without any doubts and with complete clarity. So too Hashem warned Moshe about these laws and ordinances, that they should be placed in front of them like a set table; meaning that they should learn them over and over again, and that they should understand the reasoning behind them well, without any doubts. That is the “and;” just as the first thing, emuna in Hashem, has to be known so strongly and clearly, so too these laws and ordinances (mishpatim) should be known the same. (Click here for Hebrew text.)
Without a doubt this Mechilta is the reason why the Bavas (Bava Kamma, Bava Metzia, Bava Basra), as well as the tractates in Nashim, are the mainstream gemaras learned in yeshivas throughout the world. But why does Hashem stress the laws governing man and his fellow man, including those that deal with slaves, damages, loans, etc., over the mitzvos of tefillin, tallis, kashrus, shofar, and all other mitzvos between man and his Creator? In a nutshell, why are mitzvos between man and his fellow man stressed to be learned with such depth and profundity, that it should be so clear as one’s emuna [belief in Hashem], but the mitzvos between man and Hashem aren’t stressed to be learned to that level of clarity and understanding?
It must be that the laws of how to interact with our fellow human being is as important as having faith in the existence of Hashem and more important than the mitzvos between man and Hashem. Even though one might think that the learning of the mitzvos between man and Hashem would bring us to a greater relationship with Hashem. However, perhaps one can say that emulating Hashem through the way we are careful with interacting with the people around us is more important, a means to get even closer to Hashem, and therefore emphasized on a greater scale than the mitzvos between man and His Creator, such as Shabbos, tallis, tefillin, mezuzah, etc.
Chaza”l say in gemara Shabbos 133b that the way to exalt Hashem is by emulating Him. And just as He is merciful, you too should be merciful; just as He is gracious, you should be gracious, etc. The Mechilta is saying that this is so important that it is on par with the very fundamental belief and faith in Hashem, “I am the Hashem your G-D” (Shemos 20:2).